PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C.20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov DA 12-1827 Released: November 13, 2012 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUESTS FOR WAIVER AND EXTENSION OF TIME TO CONSTRUCT 700 MHZ A AND B BLOCK LICENSES WT Docket 12-332 Comment Date: December 13, 2012 Reply Comment Date: December 28, 2012 By this Public Notice, the Wireless Telecommunications Bureau seeks comment on multiple requests for an extension of time and for waiver of Section 27.14(g) of the Commission’s Rules1 filed by ten licensees (Licensees) for their lower 700 MHz band economic area (EA) and cellular market area (CMA) licenses.2 Section 27.14(g) of the Commission’s Rules require EA licensees holding authorizations for Block A in the 698-704 MHz and 728-734 MHz bands and CMA licensees for Block B in the 704-710 MHz and 734-740 MHz bands to provide signal coverage and offer service over at least 35 percent of the geographic area of their license no later than June 13, 2013, or within four years of initial license grant if the initial authorization is granted after June 13, 2009 (Interim Construction Benchmark).3 If a licensee for these particular blocks fails to meet the Interim Construction Benchmark, the term of that license will 1 47 C.F.R. § 27.14(g). 2 See Cox TMI Wireless, L.L.C. (Cox) Request for Extension of the Lower 700 MHz A Block Build-Out Deadline (filed Oct. 12, 2012) (Cox Extension Request); Continuum 700 LLC (Continuum) Request for Limited Extension of Initial Construction Benchmarks (filed Oct. 15, 2012) (Continuum Extension Request); Cincinnati Bell Wireless, LLC (CBW) Exhibit 1 – Extension and Waiver Request (filed Oct. 15, 2012) (CBW Extension Request); Cavalier Wireless, LLC (Cavalier) Request for Extension of the Initial Construction Benchmark (filed Oct. 15, 2012) (Cavalier Extension Request); Cellular South Licenses, LLC (Cellular South) Request for Extension of Build Out Requirements for A and B Block Licenses in the Lower 700 MHz Band (filed Oct. 16, 2012) (Cellular South Extension Request); MetroPCS 700 MHz, LLC (MetroPCS) Exhibit 1 – Extension and Waiver Request (filed Oct. 18, 2012) (MetroPCS Extension Request); Toba Inlet PCS, LLC (Toba Inlet) Request for Limited Extension of Initial Construction Benchmarks (filed Oct. 19, 2102) (Toba Inlet Extension Request); McBride Spectrum Partners, LLC (McBride) Request for Limited Extension of Initial Construction Benchmarks, ULS File No. 0005455474, (filed Oct. 26, 2012) (McBride A Block Extension Request); McBride Spectrum Partners, LLC (McBride) Request for Limited Extension of Initial Construction Benchmarks, ULS File No. 0005455475 (filed Oct. 26, 2012) (McBride B Block Extension Request); Nex-Tech Wireless, LCC (Nex-Tech) Request for Extension of Time and Limited Waiver of Construction Requirements (Nex-Tech Extension Request) (filed Oct. 25, 2102); Triad 700, LLC (Triad) Exhibit 1 – Extension and Waiver Request (filed Oct. 31, 2012) (Triad Request) (“Extension Requests”). The Attachment to this Public Notice list the related Universal Licensing System (ULS) file numbers. The call signs, EA’s, and CMA’s for which Cox, Continuum, CBW, Cavalier, Cellular South, MetroPCS, McBride, Nex- Tech, Toba Inlet, and Triad request an extension are also listed in the Attachment to the Public Notice. 3 See 47 C.F.R. § 27.14(g). 2be reduced by two years, and the licensee may be subject to enforcement action, including forfeitures,4 and may lose authority to operate in part of the remaining unserved areas of the license.5 In their individual requests, Licensees seek an extension or waiver of the Interim Construction Benchmark for a period of at least two years from the applicable deadlines.6 All the Licensees generally claim that an extension or a waiver is warranted for two primary reasons: (1) lack of interoperability in the 700 MHz band, and (2) their “meaningful efforts” undertaken to meet the Interim Construction Benchmark.7 Further, eight of the licensees claim an extension or waiver is warranted because of issues regarding protection of TV Channel 51 stations, and three of the Licensees claim that high power 700 MHz band E Block operations have affected the ability to meet the deadline.8 Licensees state in their requests that there is a lack of interoperability in the 700 MHz band due to the development of two Long Term Evolution (LTE) band classes that cover the lower 700 MHz paired spectrum.9 Licensees assert that vendor resources are directed at only one of the band classes, which does not cover the lower 700 MHz A Block.10 According to the Licensees, this has made it virtually impossible for small rural and regional carriers, including the Licensees, “to obtain timely and cost effective mobile devices.”11 Due to the lack of available devices, Licensees claim that they cannot offer compelling or competitive services to potential customers and that it does not make economic sense to build out a network.12 All of the Licensees also claim that they have each undertaken “meaningful efforts” to utilize their spectrum and meet the Interim Construction Benchmark.13 For example, Cavalier, Continuum, Toba Inlet, and Triad state they have engaged in engineering analyses and system planning, and initiated site 4 See 47 C.F.R. §27.14(g)(1). 5 See 47 C.F.R. § 27.14(g)(1). In December 2011 the Commission released a Public Notice reminding 700 MHz licensees of their performance requirements and associated penalties. The Public Notice states that the Commission intends to use its discretion to impose a reduction in license size only where the Wireless Telecommunications Bureau staff determines that licensees have failed to undertake meaningful efforts to put spectrum to use. 700 MHz Construction and Reporting Requirements, Public Notice, DA 11-1981, 26 FCC Rcd 16442 (WTB rel. Dec. 6, 2011). 6 See generally Extension Requests. While each of the Licensees seeks an extension of at least two years from the Interim Construction Benchmark, individual licensee requests may vary, e.g., seven of the Licensees seek an extension of the applicable construction requirements for a period of two years but, in no event, less than two years after the Commission renders a final ruling on interoperability in WT Docket No. 12-69. See e.g., Continuum Waiver Request at 1; see Promoting Interoperability in the 700 MHz Commercial Spectrum, WT Docket No. 12-69, Notice of Proposed Rulemaking, 27 FCC Rcd 3521 (Mar. 21, 2012) (700 MHz Interoperability NPRM). 7 See generally Extension Requests. 8 See Cavalier Waiver Request at 13-15; Continuum Extension Request at 7; McBride Extension Request at 6-8. 9 See generally Extension Requests. In the lower 700 MHz band, there are two different 3rd Generation Partnership Project (3GPP) operating bands, Band Class 12 and Band Class 17. Band Class 12 covers operations in the lower A, B, and C Blocks, and Band Class 17 covers operations in the lower B and C Blocks. See 700 MHz Interoperability NPRM at ¶ 10. Therefore, Band Class 17 devices do not operate on the lower A block. 10 See generally Extension Requests. 11 See Cellular South Extension Request at 7. 12 See generally Extension Requests. 13 Id. 3exploration and lease planning.14 Further, Cellular South, Cox, Nex-Tech, and Triad claim that they have unsuccessfully attempted to procure equipment that operates on their bands.15 MetroPCS states that it has been proactive in addressing Channel 51 issues by conducting field tests, seeking technical solutions, and pursuing voluntary negotiations.16 Eight of the Licensees claim that the problematic and changing role of Channel 51 presents an additional basis for their requests for extension or waiver of the Interim Construction Benchmark.17 They point out that an A Block licensee must ensure that its associated transmitters operate to reduce the potential for interference of broadcast stations, such as Channel 51, creating a “protected zone” around such stations.18 Licensees state that although A Block licensees were aware of certain difficulties associated with Channel 51 when they obtained the licenses, they did not know, or could not reasonably have been expected to know, all of the complications associated with Channel 51.19 Additionally, Cavalier, Continuum, and McBride claim that A Block licensees face an interference threat from high power operations in the adjacent E Block.20 According to these licensees, when the Commission created the 700 MHz band plan, it believed that the A Block would be adequately protected from interference despite the different power limits for the A Block and E Block.21 However, the three licensees assert that high power operations in the E Block “provide a real, substantial and unanticipated negative impact on A Block operations.”22 Procedural Matters Comments on the request are due no later than December 13, 2012. Reply comments are due no later than December 28, 2012. All filings should reference the docket number of this proceeding, WT 12-332. 14 See Cavalier Extension Request at 20; Continuum Extension Request at 18; Toba Inlet Extension Request at 10- 11; Triad Extension Request at 7-8. 15 See Cellular South Extension Request at 7-8; Cox Extension Request at 4-5; Nex-Tech Extension Request at 7-10; Triad Extension Request at 5-7.. 16 See MetroPCS Extension Request at 6-8. Cavalier, CBW and Continuum also argue that they haver55x attempted to address Channel 51 issues. See Cavalier Extension Request at 12-13; CBW Extension Request at 4-6; Continuum Extension Request at 13. 17 See Cavalier Extension Request at 7-12; CBW Extension Request at 4-12; Continuum Extension Request at 9-13; Cox Extension Request at 7; McBride A Block Extension Request at 8-12; McBride B Block Extension Request at 7-8; MetroPCS Extension Request at 4-8; Toba Inlet Extension Request at 7-8; Triad Extension Request at 3-4. The Lower A Block is adjacent to Channel 51 (692-698 MHz), which has been allocated for TV broadcast operations at power levels of up to 1000 kW. See 700 MHz Interoperability NPRM at ¶ 7. 18 See generally Extension Requests; See 47 C.F.R. § 27.60. 19 See generally Extension Requests. 20 See Cavalier Extension Request at 13-15; Continuum Extension Request at 7-9; McBride A Block Extension Request at 6-8. The Lower A Block is adjacent to the unpaired Lower 700 MHz E Block, where licensees may operate at power levels up to 50kW. See 700 MHz Interoperability NPRM at ¶ 7. 21 See Cavalier Extension Request at 13-14; Continuum Extension Request at 7; McBride A Block Extension Request at 6-7. 22 See Continuum Extension Request at 8; See Cavalier Extension Request at 15; McBride A Block Extension Request at 7. 4This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules.23 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, “get form.” A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. -Effective December 28, 2009, all hand-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., S.W., Room TW-A325, Washington, D.C. 20554. All hand deliveries must be held together with rubber bands or fasteners. Envelopes must be disposed of before entering the building. The filing hours at this location are 8:00 a.m. to 7:00 p.m. PLEASE NOTE: The Commission’s former filing location at 236 Massachusetts Ave., N.E. is permanently closed. -Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. -U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. 23See 47 C.F.R. §§ 1.1200(a), 1.1206. 5Parties are requested to send one copy of their comments and reply comments to Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (800) 378- 3160, e-mail FCC@BCPIWEB.com. The request, and comments and reply comments filed in response to this Public Notice are available for viewing via the Commission's Electronic Comment Filing System (ECFS) by entering the docket number, WT 12-332. The documents also will be available for public inspection and copying during business hours in the FCC Reference Information Center, Portals II, 445 12th Street S.W., Room CY-A257, Washington, D.C. 20554. They may also be purchased from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail FCC@BCPIWEB.com. Alternate formats of this Public Notice (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an e-mail to fcc504@fcc.gov. For further information, contact Ms. Becky Schwartz of the Mobility Division, Wireless Telecommunications Bureau at (202) 418-7178, or via e-mail at Becky.Schwartz@fcc.gov. Action by the Chief, Mobility Division, Wireless Telecommunications Bureau. - FCC - 6ATTACHMENT File numbers, Call Signs, Markets, and Channel Blocks for which extension and waiver of Section 27.14(g) is requested by licensees Licensee Name File Number Call Sign Market Code Market Description Channel Block Cavalier Wireless, LLC 0005448538 WQIZ388 BEA005 Albany-Schenectady-Troy, NY A Cavalier Wireless, LLC 0005448539 WQIZ389 BEA006 Syracuse, NY-PA A Cavalier Wireless, LLC 0005448540 WQIZ390 BEA008 Buffalo-Niagara Falls, NY-PA A Cavalier Wireless, LLC 0005448541 WQIZ391 BEA009 State College, PA A Cavalier Wireless, LLC 0005448542 WQIZ392 BEA011 Harrisburg-Lebanon-Carlisle, PA A Cavalier Wireless, LLC 0005448543 WQIZ393 BEA016 Staunton, VA-WV A Cavalier Wireless, LLC 0005448544 WQIZ394 BEA018 Greensboro-Winston-Salem-High Point, NC-VA A Cavalier Wireless, LLC 0005448545 WQIZ395 BEA021 Greenville, NC A Cavalier Wireless, LLC 0005448537 WQIZ360 BEA022 Fayetteville, NC A Cavalier Wireless, LLC 0005448546 WQIZ396 BEA023 Charlotte-Gastonia-Rock Hill, NC-SC A Cavalier Wireless, LLC 0005448547 WQIZ397 BEA024 Columbia, SC A Cavalier Wireless, LLC 0005448548 WQIZ398 BEA027 Augusta-Aiken, GA-SC A Cavalier Wireless, LLC 0005448549 WQIZ399 BEA035 Tallahassee, FL-GA A Cavalier Wireless, LLC 0005448550 WQIZ400 BEA037 Albany, GA A Cavalier Wireless, LLC 0005448551 WQIZ401 BEA041 Greenville-Spartanburg-Anderson, SC-NC A Cavalier Wireless, LLC 0005448552 WQIZ403 BEA047 Lexington, KY-TN-VA-WV A Cavalier Wireless, LLC 0005448553 WQIZ404 BEA056 Toledo, OH A Cavalier Wireless, LLC 0005448554 WQIZ405 BEA070 Louisville, KY-IN A Cavalier Wireless, LLC 0005448555 WQIZ406 BEA087 Beaumont-Port Arthur, TX A Cavalier Wireless, LLC 0005448556 WQIZ407 BEA132 Corpus Christi, TX A Cavalier Wireless, LLC 0005448557 WQIZ408 BEA133 McAllen-Edinburg-Mission, TX A Cavalier Wireless, LLC 0005448558 WQIZ409 BEA147 Spokane, WA-ID A Cavalier Wireless, LLC 0005448559 WQIZ410 BEA172 Honolulu, HI A Cellular South Licenses, LLC 0005449634 WQIZ423 BEA039 Columbus, GA-AL A Cellular South Licenses, LLC 0005449762 WQIZ424 BEA043 Chattanooga, TN-GA A Cellular South Licenses, LLC 0005449768 WQIZ425 BEA044 Knoxville, TN A Cellular South Licenses, LLC 0005449778 WQIZ426 BEA045 Johnson City-Kingsport-Bristol, TN-VA A Cellular South Licenses, LLC 0005449785 WQIZ427 BEA071 Nashville, TN-KY A Cellular South Licenses, LLC 0005449792 WQIZ428 BEA073 Memphis, TN-AR-MS-KY A Cellular South Licenses, LLC 0005449794 WQIZ429 BEA074 Huntsville, AL-TN A Cellular South Licenses, LLC 0005449801 WQIZ430 BEA075 Tupelo, MS-AL-TN A Cellular South Licenses, LLC 0005449804 WQIZ431 BEA076 Greenville, MS A Cellular South Licenses, LLC 0005449810 WQIZ432 BEA077 Jackson, MS-AL-LA A Cellular South Licenses, LLC 0005449818 WQIZ433 BEA078 Birmingham, AL A Cellular South Licenses, LLC 0005449823 WQIZ434 BEA079 Montgomery, AL A Cellular South Licenses, LLC 0005449828 WQIZ435 BEA080 Mobile, AL A Cellular South Licenses, LLC 0005449835 WQIZ436 BEA082 Biloxi-Gulfport-Pascagoula, MS A Cellular South Licenses, LLC 0005449837 WQIZ437 CMA226 Florence, AL B Cellular South Licenses, LLC 0005449843 WQIZ438 CMA249 Anniston, AL B Cellular South Licenses, LLC 0005449848 WQIZ439 CMA252 Pascagoula, MS B Cellular South Licenses, LLC 0005449852 WQIZ440 CMA265 Fort Walton Beach, FL B Cellular South Licenses, LLC 0005449858 WQIZ441 CMA272 Gadsden, AL B Cellular South Licenses, LLC 0005449861 WQIZ442 CMA283 Panama City, FL B Cellular South Licenses, LLC 0005449868 WQIZ443 CMA308 Alabama 2 - Jackson B Cellular South Licenses, LLC 0005449872 WQIZ444 CMA369 Florida 10 - Walton B Cellular South Licenses, LLC 0005449876 WQIZ445 CMA503 Mississippi 11 - Lamar B Cellular South Licenses, LLC 0005449879 WQIZ446 CMA648 Tennessee 6 - Giles B Cincinnati Bell Wireless LLC 0005448482 WQIZ531 BEA050 Dayton-Springfield, OH A Continuum 700 LLC 0005448437 WQLA794 BEA015 Richmond-Petersburg, VA A Continuum 700 LLC 0005448438 WQLA795 BEA026 Charleston-North Charleston, SC A Continuum 700 LLC 0005448439 WQLA796 BEA028 Savannah, GA-SC A Continuum 700 LLC 0005448440 WQLA797 BEA029 Jacksonville, FL-GA A Continuum 700 LLC 0005448433 WQLA790 BEA032 Fort Myers-Cape Coral, FL A Continuum 700 LLC 0005448442 WQLA799 BEA051 Columbus, OH A Continuum 700 LLC 0005448434 WQLA791 BEA150 Boise City, ID-OR A Continuum 700 LLC 0005448435 WQLA792 BEA152 Salt Lake City-Ogden, UT-ID A Continuum 700 LLC 0005448436 WQLA793 BEA156 Albuquerque, NM-AZ A Cox TMI Wireless, L.L.C. 0005445847 WQIZ534 BEA020 Norfolk-Virginia Beach-Newport News, VA-NC A Cox TMI Wireless, L.L.C. 0005445848 WQIZ535 BEA038 Macon, GA A Cox TMI Wireless, L.L.C. 0005445849 WQIZ536 BEA081 Pensacola, FL A Cox TMI Wireless, L.L.C. 0005445850 WQIZ537 BEA083 New Orleans, LA-MS A Cox TMI Wireless, L.L.C. 0005445851 WQIZ538 BEA084 Baton Rouge, LA-MS A Cox TMI Wireless, L.L.C. 0005445852 WQIZ539 BEA092 Fayetteville-Springdale-Rogers, AR-MO-OK A 7Cox TMI Wireless, L.L.C. 0005445853 WQIZ544 BEA153 Las Vegas, NV-AZ-UT A Cox TMI Wireless, L.L.C. 0005445854 WQIZ545 BEA158 Phoenix-Mesa, AZ-NM A Cox TMI Wireless, L.L.C. 0005445855 WQIZ546 BEA159 Tucson, AZ A Cox TMI Wireless, L.L.C. 0005445856 WQIZ547 BEA161 San Diego, CA A McBride Spectrum Partners, LLC 0005455474 WQIZ576 BEA053 Pittsburgh, PA-WV A McBride Spectrum Partners, LLC 0005455475 WQIZ577 CMA618 Pennsylvania 7 - Jefferson B MetroPCS 700 MHz, LLC 0005452812 WQIZ578 BEA003 Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH- RI-VT A Nex-Tech Wireless, LLC 0005464851 WQJQ755 CMA349 Colorado 2 - Logan B Nex-Tech Wireless, LLC 0005464856 WQJQ757 CMA352 Colorado 5 - Elbert B Nex-Tech Wireless, LLC 0005464846 WQJQ762 CMA434 Kansas 7 - Trego B Nex-Tech Wireless, LLC 0005464859 WQJQ766 CMA440 Kansas 13 - Edwards B Toba Inlet PCS, LLC 0005455540 WQIZ635 CMA391 Idaho 4 - Elmore B Toba Inlet PCS, LLC 0005455541 WQIZ636 CMA617 Pennsylvania 6 - Lawrence B Triad 700, LLC 0005470825 WQJU653 BEA014 Salisbury, MD-DE-VA A Triad 700, LLC 0005470826 WQJU654 BEA054 Erie, PA A Triad 700, LLC 0005470827 WQJU655 BEA151 Reno, NV-CA A Triad 700, LLC 0005470828 WQJU656 BEA171 Anchorage, AK A