*Pages 1--2 from Microsoft Word - 56155.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 06- 779 April 3, 2006 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES THE GRANT OF FIVE MULTIPLE ADDRESS SYSTEMS LICENSES AUCTION NO. 59 Report No. AUC- 05- 59- I (Auction No. 59) On May 18, 2005, the Federal Communications Commission completed the auction of 4,226 Multiple Address Systems (“ MAS”) licenses (“ Auction No. 59”). 1 In that auction, twenty- six winning bidders won a total of 2,223 licenses. On July 6, 2005, the Wireless Telecommunications Bureau (Bureau) announced that the applications of twenty- two of the winning bidders in Auction No. 59 were accepted for filing, 2 and on October 13, 2005, the Bureau announced the grant of twenty- one of those applications. 3 By this Public Notice, we announce the grant of the five remaining Auction 59 applications. One application that had been listed in the Accepted for Filing PN – the application filed by Intelligent Transportation & Monitoring Wireless LLC 4 – was omitted from the Grant PN, and remained in pending status, because the applicant had requested a Tribal Land Bidding Credit, eligibility for which requires that the applicant amend the application to attach pertinent certifications within 180 days of the filing deadline for long- form applications. 5 That 180- day period had not expired prior to release of the Grant PN, but has since expired without any amendment of the application to provide Tribal Land Bidding Credit certifications. 6 Upon further review and examination, the application filed by Intelligent Transportation & Monitoring Wireless has been found to be complete and in conformance with the Commission’s Rules. Accordingly, on March 29, 2006, we granted the application filed by Intelligent Transportation & Monitoring Wireless, without provision for a Tribal Land Bidding Credit, pursuant to Section 309( a) of the Communications Act of 1934, as amended, 47 U. S. C. § 309( a), and Section 0.331 of the Commission’s Rules, 47 C. F. R. § 0.331. 7 The grant of this application will serve the public 1 See Multiple Address Systems Auction Closes: Winning Bidders Announced for Auction No. 59, Public Notice, 20 FCC Rcd 9551 (WTB 2005). 2 See Wireless Telecommunications Bureau Announces that Applications for Multiple Address Systems Licenses Are Accepted for Filing, Public Notice, 20 FCC Rcd 12037 (WTB 2005) (Accepted for Filing PN). 3 See Wireless Telecommunications Bureau Announces the Grant of 21 Multiple Address Systems Licenses, Public Notice, 20 FCC Rcd 16203 (WTB 2005) (Grant PN). 4 FCC File No. 0002193948. 5 See 47 C. F. R. § 1.2110( f)( 3)( ii). 6 The long- form filing deadline for the Auction No. 59 applications was June 9, 2005. Therefore, the 180- day period for submitting the certifications required to demonstrate entitlement to a Tribal Land Bidding Credit expired on December 6, 2005. 7 In Auction No. 59, all winning bidders’ upfront payment amounts were sufficient to satisfy their total winning News Media information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 1 2 interest, convenience, and necessity. On October 13, 2005, the Bureau also announced the acceptance for filing of the four remaining Auction No. 59 applications, which had been omitted from the Accepted for Filing PN because they had been filed after the long- form application filing deadline and thus required waivers of that deadline before they could be processed. 8 Upon further review and examination, these four applications – filed by Nevada Power Company, 9 Paging Systems, Inc. (PSI), 10 Repeater Network, LLC, 11 and Sierra Pacific Power Company 12 – have been found to be complete and in accordance with the Commission’s Rules. Accordingly, on March 29, 2006, we granted these four applications pursuant to Section 309( a) of the Communications Act of 1934, as amended, 47 U. S. C. § 309( a), and Section 0.331 of the Commission’s Rules, 47 C. F. R. § 0.331. The grant of these applications will serve the public interest, convenience, and necessity. The five additional Auction No. 59 applications that have been granted are listed in the Attachment below. For further information, the news media should contact Chelsea Fallon, Wireless Telecommunications Bureau, at (202) 418- 7991. For questions regarding legal matters and licensing issues, contact Jeff Tobias, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, at (202) 418- 1617 or via e- mail at Jeff. Tobias@ fcc. gov. -FCC- bids. 8 See Wireless Telecommunications Bureau Announces that Four Additional Applications for Multiple Address Systems Licenses Are Accepted for Filing, Public Notice, 20 FCC Rcd 16197 (WTB 2005) (Second Accepted for Filing PN). The waivers requested by these four applicants were granted by the Bureau’s Public Safety and Critical Infrastructure Division (PSCID), also on October 13, 2005. See Letter dated Oct. 13, 2005, from Jeffrey S. Cohen, Deputy Chief, PSCID, to Bruce Henoch, Esq., Counsel for Nevada Power Company and Sierra Pacific Power Company, 20 FCC Rcd 16188; Letter dated Oct. 13, 2005, from Jeffrey S. Cohen, Deputy Chief, PSCID, to Bruce Henoch, Esq., Counsel for Repeater Network LLC, 20 FCC Rcd 16191; Letter dated Oct. 13, 2005, from Jeffrey S. Cohen, Deputy Chief, PSCID, to Audrey P. Rasmussen, Esq., Counsel for Paging Systems, Inc., 20 FCC Rcd 16194. 9 FCC File No. 0002204752. 10 FCC File No. 0002232564. On March 23, 2006, PSCID denied both a petition to deny the PSI application and a petition for reconsideration of the waiver granted to PSI. See Paging Systems, Inc., Order, DA 06- 651 (WTB PSCID rel. Mar. 24, 2006). 11 FCC File No. 0002217644. 12 FCC File No. 0002204776. 2