*Pages 1--3 from Microsoft Word - 52543.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 05 –2778 Released: October 25, 2005 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES EXTENSION OF FILING AND REGULATORY DEADLINES FOR WIRELESS LICENSEES IN AREAS IMPACTED BY HURRICANE WILMA Due to the devastation caused by Hurricane Wilma, President Bush issued a major disaster declaration for certain parts of Florida on October 24, 2005. 1 Pursuant to our authority to waive rules for good cause 2 and to alleviate any additional burden that may be caused by our filing requirements and regulatory deadlines, the Wireless Telecommunications Bureau (WTB) hereby extends until December 22, 2005, certain deadlines occurring between October 23, 2005 and December 21, 2005, for affected licensees and applicants in Florida and the Gulf of Mexico (“ affected areas”). In this context, “affected” licensees and applicants include those licensees and applicants that operate facilities or, in a significant manner essential to the business operation, rely on personnel, records, or financial institutions located in these areas to provide services or to conduct substantial business activities with the Commission. We also provide guidance on how to submit hurricane- related filings through the Universal Licensing System (ULS). (1) Extending certain application, notification, and report deadlines We extend until December 22, 2005, deadlines associated with Wireless Radio Service 3 applications, notifications, and reports pursuant to Parts 1 (Subpart F only), 13, 20, 22, 24, 27, 74 (excluding Subparts A, G, and L), 80, 87, 90, 95, 97, or 101 of the Commission’s rules occurring between October 23, 2005 and December 21, 2005, including, but not limited to, filings regarding license modifications, license renewals, and notifications of construction. Licensees filing in accordance with this extension must include with their filing a certification upon the penalty of perjury that the deadlines could not be met within the time otherwise provided in the Commission’s rules because of the hurricane. (2) Extending construction and other regulatory deadlines We also extend until December 22, 2005, all construction deadlines and other regulatory deadlines applicable to wireless radio services pursuant to Parts 1 (Subpart F only), 13, 20, 22, 24, 27, 74 1 See http:// www. fema. gov/ news/ newsrelease. fema? id= 20006 (October 24, 2005). The major disaster declaration provides for federal aid beginning on October 23, 2005. 2 47 C. F. R. § 1.3. 3 Wireless Radio Services. All radio services authorized in Parts 13, 20, 22, 24, 27, 74, 80, 87, 90, 95, 97 and 101 of this chapter, whether commercial or private in nature. 1 3 relief. For example, some licensees in non- affected states may be entitled to relief because they rely on personnel, records, or financial institutions in the affected areas. As a result, WTB cannot revise the ULS in advance to reflect the new deadlines for affected entities. Instead, WTB will rely on certifications by licensees and applicants at the time they submit their filings as proof that relief is due and the filings are timely. Toward this end, WTB has developed a temporary procedure whereby affected licensees and applicants will not be charged waiver fees if filings are submitted pursuant to the relief provided in this Public Notice and the steps outlined below are followed. First, applicants should answer “yes” to the Waiver question on the form (question 11a on Form 601, 6a on Form 603, and 7 on Form 605) so that ULS will accept the filing even though the filing date appears untimely. Second, applicants must choose the Attachment Type called “Hurricane Relief” and provide the appropriate hurricane- related certification. By following these steps, applicants will avoid paying unnecessary waiver fees. Note: A separate waiver justification is not required as long as the filing is submitted pursuant to the relief provided in this Public Notice. Failure to follow these instructions may result in the rejection of the application or a charge for the fees. (6) Requesting a refund in the event that unnecessary fees are paid We realize that some parties may not be aware of these temporary filing procedures when submitting filings and therefore may be charged unnecessary waiver fees. In this light, WTB reminds parties that they may request a refund of certain fees paid for a waiver pursuant to section 1.1113 of the Commission’s rules 7 if the fee for a waiver was unnecessarily paid because it was not required. In the event that parties submitted an application and unnecessarily paid the fee because the filing is in connection with the relief provided in this Public Notice, a request for refund of the fee for the waiver may be submitted to: Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325, Attention: Fee Refund. The request should include at the top of the first page a statement that reads: “Application Waiver Fee Refund Request – Impacted by Hurricane Wilma,” and a justification for the requested fee refund. The justification must include the above- described correct certification that the licensee or applicant was at the time an affected licensee or applicant, and that the application was submitted within the period permitted by this Public Notice. These requests will be processed on an expedited basis. Failure to comply with this guidance and to provide the required information will delay the processing of any request for refund. For additional information regarding submitting filing via ULS please contact the ULS Customer Support Hotline via eSupport at eSupport. fcc. gov or by telephone at (877) 480- 3201 (TTY) (717) 338- 2824, or (717) 338- 2888 and select option 2. Hours are from 8 a. m. to 7: 00 p. m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. By the Acting Chief, Wireless Telecommunications Bureau -- FCC-- 7 47 C. F. R. § 1.1113. 3