Federal Communications Commission DA 12-497 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
LITTLE ROCK SCHOOL DISTRICT
Petition for Reconsideration for Educational 
Broadband Service Station WLX953 
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ORDER ON RECONSIDERATION
Adopted:  March 29, 2012 Released:  March 30, 2012
By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau:
I. INTRODUCTION
1. In this Order on Reconsideration, we deny a petition filed by the Little Rock School 
District (“Little Rock”) seeking reconsideration of the December 7, 2011 decision by the Broadband 
Division of the Wireless Telecommunications Bureau (“Division”) to place the license to operate Station 
WLX953 in “Termination Pending” status. 
II. BACKGROUND
2. Little Rock is licensed to operate Educational Broadband Service (“EBS”) station, 
WLX953, on the G-group channels in Little Rock, Arkansas. 1 On September 1, 2004, Little Rock’s 
license to operate Station WLX953 was renewed.2
3. In 2004, the Commission undertook the radical transformation of the 2496-2690 MHz 
band to facilitate the development and deployment of advanced wireless services, including wireless 
broadband.3 The Commission changed the band plan and technical and licensing rules applicable to EBS 
licenses and required EBS licensees to transition from their old channel locations to their new channel 
locations.4 As a consequence of these changes, EBS is now a radio communications service that consists 
of 112.5 megahertz of spectrum in the 2496-2690 MHz band and is licensed under Part 27 of the 
Commission’s rules; the remaining 73.5 megahertz of spectrum in the band is allocated to the Broadband 
Radio Service (“BRS”) and to two four-megahertz guard bands.5 Also in 2004, the Commission sought 
comment on construction requirements for the newly created BRS and EBS services.6
  
1 Little Rock School District, Petition for Reconsideration (filed Jan. 6, 2012) (“Petition”). 
2 File No. 20030429AAA (granted Sep. 1, 2004).
3 See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Provision of Fixed and 
Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, 
Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 03-66, 19 FCC Rcd 14165 (2004) 
(BRS/EBS R&O and FNPRM, as appropriate).
4 Id.
5 See 47 C.F.R. § 27.5(i)(2).
6 BRS/EBS FNPRM, 19 FCC Rcd at 14265-14301 ¶¶ 320-332.
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4. Two years later, on April 27, 2006, the Commission adopted new construction 
requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the 
Commission’s Rules.7 Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate 
substantial service on or before May 1, 2011.8 The Commission defines substantial service as a level of 
service, which is sound, favorable, and substantially above a level of mediocre service which just might 
minimally warrant renewal.9 A BRS or EBS licensee may make a showing based on meeting the 
definition of substantial service or based on meeting one of the general safe harbors provided by the 
Commission in Section 27.14(o)(1) of the Commission’s Rules.10 In addition, an EBS licensee may make 
a showing under the educational “safe harbor” the Commission specifically adopted for EBS licensees in 
Section 27.14(o)(2) of the Commission’s Rules.11 Many EBS licensees have demonstrated substantial 
service by meeting this safe harbor.
5. On January 9, 2008, Nextel Spectrum Acquisition Corporation, a wholly-owned 
subsidiary of Sprint Nextel Corporation (“Sprint”) filed an Initiation Plan to transition the Little Rock, 
Arkansas Basic Trading Area (BTA257), where Station WLX953 is located, from the old band plan to the 
new band plan.12 Station WLX953 was included in the list of stations to be transitioned in BTA257.13  
Then on June 10, 2008, Sprint filed a Post-Transition Notification, in which Sprint informed the 
Commission that it had completed the transition for BTA257.14 Sprint’s Little Rock BTA Completion 
Letter shows that Station WLX953 was not operating at the time the transition was completed on June 10, 
2008.15 Although Station WLX953 was included in the list of stations that were transitioned, the 
  
7 Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Provision of Fixed and 
Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, 
Second Report and Order, WT Docket No. 03-66, 21 FCC Rcd 5606, 5718-5736 274-310 (2006) (BRS/EBS Second 
R&O).  
8 47 C.F.R. § 27.14(o).  See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the 
Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 
2500-2690 MHz Bands, Second Report and Order, WT Docket No. 03-66, 21 FCC Rcd 5606, 5718-5736 ¶¶ 274-
310 (2006) (BRS/EBS Second R&O).  
9 47 C.F.R. § 27.14(o).
10 An EBS or a BRS licensee could meet the substantial service requirement by showing that it meets one or more of 
the following five general safe harbors: that it constructed six permanent links per one million people for licensees 
providing fixed point-to-point services; that it provided coverage of at least 30 percent of the population of the 
licensed area for licensees providing mobile services or fixed point-to-multipoint services; that it provided service to 
“rural areas” or areas with limited access to telecommunications services; that it provided specialized or 
technologically sophisticated service; or that it provided service to niche markets.  47 C.F.R. § 27.14(o)(1).
11 Under the educational “safe harbor,” an EBS licensee is deemed to be providing substantial service with respect to 
all channels it holds if: it is using its spectrum (or spectrum to which its educational services are shifted) to provide 
educational services within its GSA; the services it provides are actually being used to serve the educational mission 
of one or more accredited public or private schools, colleges or universities providing formal educational and 
cultural development to enrolled students; and the level of service it provides meets or exceeds the minimum usage 
requirements specified in the Commission’s rules.  47 C.F.R. § 27.14(o)(2).
12 Letter from Robert H. McNamara, Director, Spectrum Management, Government Affairs, Sprint Nextel 
Corporation to Office of the Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed Jan. 9, 
2008).
13 Id. at Exhibit A.
14 Letter from Robert H. McNamara, Director, Spectrum Management, Government Affairs, Sprint Nextel 
Corporation to Office of the Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed June 
10, 2008).  
15 Id. at Schedules A and B.
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Commission’s Universal Licensing System shows that Little Rock has not modified its license to show 
that it is authorized to operate on the new G-group channels.16  
6. On February 1, 2011, the Bureau sent a Reminder Notice to Little Rock reminding it of 
the upcoming deadline for demonstrating substantial service.17 The Reminder Notice notified Little Rock 
that it had 15 days from the construction deadline to file the construction notification; that, if needed, it
could seek an extension of time to construct but that the request must be filed on or before the 
construction deadline; and that if it failed to meet its construction requirement by its deadline, and it did 
not file a request for an extension of time on or before the construction coverage deadline, the license to 
operate Station WLX953 would be terminated automatically.18  
7. On March 22, 2011, the Wireless Telecommunications Bureau (“Bureau”) extended the 
deadline for EBS licensees to demonstrate substantial service from May 1, 2011 to November 1, 2011.19  
Little Rock, however, did not file a construction notification or request for extension of the deadline.
8. On December 7, 2011, the Bureau sent Little Rock an auto-termination letter20 and 
Station WLX953 entered auto-termination status.21 The Auto-Termination Letter stated that “if the 
licensee met its construction or coverage requirement, it has 30 days from the date of the Public Notice to 
file a Petition for Reconsideration . . .  showing that it met the construction or coverage deadline.22 The 
Termination Pending Notice continued that in “filing its petition for reconsideration, the licensee must 
include the actual date when construction was completed or the coverage requirement was met.”23  
  
16 Under the old band plan, the G-group consisted of four six-megahertz wide non-contiguous channels located at 
2644-2650 MHz (G1), 2656-2662 MHz (G2), 2668-2674 MHz (G3), and 2680-2686 MHz (C4).  Under the new 
channel plan, G1, G2, and G3 are each 5.5-megahertz wide contiguous channels located in the Upper Band Segment 
at 2673.5-2679 MHz, 2679-2684.5 MHz, and 2684.5-2690 MHz, respectively.  Channel G4 is six-megahertz wide 
and is located in the Middle Band Segment at 2596-2602 MHz.
17 Construct/Coverage Reminders, Ref. Nos. 5104211, 5104212 (Feb. 1, 2011).  The Bureau sent two letters, one to 
the licensee and one to the licensee’s contact.  See Construction/Coverage Deadline Reminder Notice to Suellen 
Vann, Little Rock School District (dated Feb. 1, 2011).  See Construction/Coverage Deadline Reminder Notice to 
Deanna Larson, Sprint (dated Feb. 1, 2011) (Collectively “Reminder Notice”).
18 Id. at 1.
19 See National EBS Association and Catholic Television Network, Memorandum Opinion and Order, 26 FCC Rcd 
4021 ¶ 1 (WTB 2011).
20 When a licensee fails to file a notification that it has completed construction by an applicable buildout deadline, 
the license, location, or frequency is placed in “termination pending” status.  For a license, location, or frequency in 
that status, the Bureau presumes that the licensee did not meet buildout requirement.  If the licensee does not file a 
petition for reconsideration within 30 days after public notice of the termination pending status demonstrating that it 
met that buildout requirement, the status of the license, location, or frequency is changed to “terminated” as of the 
buildout deadline.  See Wireless Telecommunications Bureau Announces Deployment Of “Auto-Term,” the 
Automated Feature in its Universal Licensing System That Identifies Unconstructed Stations Resulting in Automatic 
Termination of Licenses, Public Notice, 21 FCC Rcd 163 (WTB 2006) (“Auto-Termination Public Notice”).
21 The Bureau sent two letters, one to the licensee and one to the licensee’s contact.  Construction/Coverage 
Deadline Notice of Termination Pending Status to Suellen Van, Little Rock School District, Ref. No. 529061 (dated 
Dec. 7, 2011).  Construction/Coverage Deadline Notice of Termination Pending Status to Deanna Larsen, Sprint 
Ref. No. 529061 (dated Dec. 7, 2011) (Collectively “Auto-Termination Letter”).  See also Wireless 
Telecommunications Bureau Market Based Licenses Termination Pending Public Notice, Report No. 7360 (WTB 
Dec. 7, 2011) at 3.
22 Auto-Termination Letter at 1.
23 Id.
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9. Little Rock filed the instant Petition on January 6, 2012.24 Little Rock asks us to 
reconsider our decision to place the license for Station WLX953 on the “Termination Pending” list 
because their excess capacity commercial leases have expired and they are currently negotiating with 
commercial carriers for leasing rights to its excess capacity.25
III. DISCUSSION
10. We conclude that it is not in the public interest to grant Little Rock’s petition for 
reconsideration.  We deny Little Rock’s request to reconsider our decision to place the license for Station 
WLX953 on the “Termination Pending” list because Little Rock did not comply with the requirement 
specified by the Bureau in the Auto-Termination Public Notice.  Little Rock was required to include the 
actual date when construction was completed in its petition for reconsideration.26 Little Rock, however, 
has not constructed and thus, cannot comply with this requirement.  We will therefore deny Little Rock’s 
Petition for Reconsideration.
11. We note that while Little Rock has not formally requested an extension of the November 
1, 2011 substantial service deadline, the facts it has offered would not support an extension.  An extension 
request for a coverage requirement may be granted “if the licensee shows that failure to meet the 
construction deadline is due to involuntary loss of site or other causes beyond its control.”27 The 
Commission has consistently found that licensee business decisions are not circumstances beyond the 
licensee’s control and are not the basis for regulatory relief.28  Moreover, the Commission has held that a 
licensee cannot rely on a third party’s failure to perform as justification for a construction extension.29 In 
this case, it appears that Little Rock’s failure to meet the deadline was caused by its passive reliance on 
third parties, which is considered to be a matter within its control.
12. An authorization for an EBS license automatically terminates if the licensee fails to meet 
construction or coverage requirements.30 In light of our conclusion that grant of Little Rock’s petition for 
  
24 Petition.  
25 Petition.
26 See Wireless Telecommunications Bureau Announces Deployment of “Auto-Term,” The Automated Feature in its 
Universal Licensing System that Identifies Unconstructed Stations Resulting in Automatic Termination of Licenses, 
Public Notice, 21 FCC Rcd 163 (WTB 2006).
27 47 C.F.R. § 1.946(e)(1).
28 See, e.g., Redwood Wireless Minnesota, LLC, Order, 17 FCC Rcd 22416 (WTB CWD 2002) (construction delays 
resulting from business disputes were exercise of business judgment and were not outside Petitioner’s control); 
Eldorado Communications LLC, Order, 17 FCC Rcd 24613 (WTB CWD 2002) (licensee’s determination to initially 
deploy TDMA system and subsequently to adopt GSM with months remaining before construction deadline was 
business decision within its control); Bristol MAS Partners, Order, 14 FCC Rcd 5007 (WTB PSPWD 1999) 
(equipment installation or delivery not delayed for some unique reason and licensee failing to obtain equipment was 
business decision); AAT Electronics Corporation, 93 FCC 2d 1034 (1983) (decision not to market service 
aggressively because of equipment uncertainties is within licensee's control); Business Radio Communications 
Systems, Inc., 102 FCC 2d 714 (1985) (construction delay caused by zoning challenge not a circumstance beyond 
licensee's control); Texas Two-Way, Inc., 98 FCC 2d 1300 (1984), aff'd sub nom., Texas Two-Way, Inc. v. FCC, 762 
F.2d 138 (D.C. Cir. 1985) (licensee is responsible for delay resulting from interference caused by construction 
adjacent to construction site because site selection was an independent business decision).
29 See e.g., Daniel R. Goodman, Receiver, Memorandum Opinion and Order, 10 FCC Rcd 8537, 8548 ¶ 24 (1995) 
(investor reliance on fraudulent company does not excuse compliance with Commission rules); Kansas City 
Wireless Partners LLP, Letter, 24 FCC Rcd 8625, 8627 (WTB MD 2009); Stephen E. Coran, Esquire, Letter, 22 
FCC Rcd 1921, 1923 (WTB MD 2007) (reliance on third party for financing does not justify extension). 
30 See 47 C.F.R. § 1.955(a)(2).  See also 47 C.F.R. § 27.14(o).
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reconsideration is not in the public interest, we find that Little Rock’s license to operate Station WLX953 
automatically terminated on November 1, 2011, the date that EBS licensees were required to demonstrate 
substantial service.  
IV. CONCLUSION AND ORDERING CLAUSES
13. Little Rock has failed to demonstrate that it has complied with the substantial service and 
educational use requirements associated with its license to operate Station WLX953. We therefore deny 
the Petition for Reconsideration and declare that Little Rock’s license to operate Station WLX953 
automatically terminated as of November 1, 2011.
14. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Section 1.106 of the 
Commission’s Rules, 47 C.F.R. § 1.106 that the Petition for Reconsideration filed by the Little Rock 
School District on January 6, 2012 IS DENIED.
15. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the 
Communications Act, as amended, 47 U.S.C. §§ 154(i), 303(r), and Section 1.955(a)(2) of the 
Commission’s Rules, 47 C.F.R. § 1.955(a)(2), that the license issued to the Little Rock School District for 
Station WLX953 IS DECLARED TERMINATED as of November 1, 2011.
16. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the 
Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331.
FEDERAL COMMUNICATIONS COMMISSION
John J. Schauble
Deputy Chief, Broadband Division
Wireless Telecommunications Bureau