FCC Denies Two Requests for Reconsideration of Termination
Friday, May 24, 2019 | Comments

The FCC denied requests for reconsideration of termination from two entities.

The commission denied a request for reconsideration from the Honolulu Police Department (PD), finding that the request was untimely. In December, the FCC notified the Honolulu PD that its WRAH381 call sign had been placed in “termination pending” status because it failed to meet construction and construction notification requirements.

The department filed a petition for reconsideration of the notice to terminate in February, but the FCC determined the filing was untimely because it wasn’t filed within 30 days of the department receiving the final notification.

The commission also denied a request from Saint Lawrence County, New York, to reconsider the termination of the license for its WQZ446 call sign. The county also requested that the FCC make the buildout deadline for the license consistent with other authorizations and applications that comprise an integrated system the county is constructing.

The county’s license was placed on “termination pending” status on Nov. 7 because the county failed to meet construction and construction notification requirements.

In its petition, St. Lawrence County said it assumed the commission would extend the implementation deadline until 2020 on its own without the county asking for it. The license, along with several other authorizations, is part of a new system that St. Lawrence County is procuring, and the county argued that the commission should treat the upgraded system, which consists of two FCC Part 90 licenses and one pending application, as a single system when evaluating the public interest of its petition.

The county argued that approving its petition would be in the public interest because the authorization is involved in a larger system still active in the licensing process, the situation arose from a simple mistake and the approval would result in a reduced burden to the FCC because a denial would result in a new application and more staff hours to process the new application.

St. Lawrence County also said that because of its location near the Canadian border, it is required to get Canadian concurrence on all applications, which creates a burden and should be viewed as an extenuating circumstance. The county argued that Canadian regulators had been slow in replying to its requests and applications.

The FCC said that the fact the issue arose from a simple mistake is not grounds for granting a petition of reconsideration because commission rules are clear that reconsideration is not warranted when parties miss deadlines because of mistakes.

The FCC also discounted the county’s argument that it expected the FCC to automatically extend the deadline, arguing that the county provided no basis for its incorrect assumption nor cited any previous instances where the FCC acted in such a way.

The FCC acknowledged the delays with Canadian regulators but said that the appropriate response to a delay would be to follow the FCC’s procedural rules and seek an extension of time within the provided deadlines.

If either St. Lawrence County or Honolulu PD wish to continue operating under the parameters formerly set forth under their call signs, they must file a new properly coordinated application, and if they need to operate while the application is pending, they must file a request for special temporary authority.

Find the Honolulu order here and the St. Lawrence order here.

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