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 13-1921 September 18, 2013 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES LOWER AND UPPER PAGING BAND LICENSES THAT ARE ACCEPTED FOR FILING Auction 95 Report No. AUC-95 (Auction 95) On August 6, 2013, the Federal Communications Commission completed an auction of 5,905 licenses for lower and upper paging band spectrum (Auction 95).1 The long-form applications (FCC Forms 601) for the lower and upper paging band licenses listed in Attachment A have been found, upon initial review, acceptable for filing.2 We note that several applications seek authority to use the licenses for non-common carrier or private, internal service, and therefore include requests for waiver of Section 20.9(a)(6) of the Commission’s rules.3 The Commission may return or dismiss any application if, 1 Auction of Lower and Upper Paging Bands Licenses Closes; Winning Bidders Announced for Auction 95, Public Notice, DA 13-1736 (WTB rel. Aug. 9, 2013). 2 Section 1.2107(c) of the Commission’s rules requires a high bidder to submit a long-form application within ten (10) business days after being notified that it is a high bidder. 47 C.F.R. § 1.2107(c). Communications Specialists Company of Wilmington, LLC (Communications Specialists) did not file the required FCC Form 601 by the filing deadline for Auction 95, which was Friday, August 23, 2013. As a result, the applicant seeks waiver of that deadline to allow the late-filing of its long-form application. FCC File No. 0005900089, FCC Form 601, filed by Communications Specialists Company of Wilmington, LLC, Att. “Request for Waiver” (Aug. 26, 2013). We grant Communications Specialists’ waiver request because the applicant has demonstrated that it attempted in good faith to comply with Commission rules. Communications Specialist met its down payment requirement in a timely manner and, in fact, initially submitted its FCC Form 601 long-form application for Auction 95 through the Commission’s Universal Licensing System (ULS) on August 19, 2013, several days before the filing deadline. Communications Specialists, however, re-opened its application in ULS before the filing deadline and inadvertently failed to re-submit it before August 23, 2013. As a result, ULS treated the application as not yet submitted as the filing deadline passed. Immediately upon discovering the error, Communications Specialist worked with Commission staff to re-submit its application one day late, on Monday, August 26, 2013. We note that the late filing did not delay or materially affect the post-auction licensing process for Auction 95. Thus, pursuant to Sections 0.331, 1.2107(c), and 1.925 of the Commission’s rules, 47 C.F.R. §§ 0.331, 1.2107(c), 1.925, we grant Communications Specialists’ request for waiver of the deadline for filing its FCC Form 601 long-form application. 3 See 47 C.F.R. § 20.9(a)(6) (providing that Part 22 paging and radiotelephone service shall be treated as a common carriage service and regulated as a commercial mobile radio service). The applications seeking waiver of this rule section are Diverse Power, Inc., FCC File No. 0005903418 (Aug. 21, 2013); Environmentel LLC, FCC File No. 0005906745 (Aug. 23, 2013); Minnesota Mobile Telephone Company, FCC File No. 0005905090 (Aug. 22, 2013); Nebraska Public Power District, FCC File No. 00059054342 (Aug. 23, 2013); NorthWestern Corporation, FCC File No. 0005903067 (Aug. 21, 2013); Pacific Gas & Electric, FCC File Nos. 0005898840 and 0005898834 Continued on next page 2 upon further examination, the application is found to be defective or not in compliance with the Commission’s rules.4 Petitions to deny the applications listed in Attachment A must be filed no later than September 30, 2013, ten (10) days after the date of this Public Notice.5 Oppositions to a petition to deny must be filed no later than October 7, 2013, five (5) business days after the filing date for petitions to deny.6 Replies to oppositions must be filed no later than October 15, 2013, five (5) business days after the filing date for oppositions.7 All pleadings filed regarding the lower and upper paging band long-form applications should refer both to Report No. AUC-95 and to the file number of the application. Pleadings may be filed electronically through the Commission’s Universal Licensing System (ULS), or by paper pursuant to the following instructions. • If filing electronically, users may access the ULS website at http://wireless.fcc.gov/uls/. Each screen indicates the information to be provided or the action(s) to be performed to complete that screen. From the ULS website, click on “SUBMIT A PLEADING” to begin the process of filing a pleading. The link takes the user to the Pleadings Information screen. Upon completing the Pleadings Information screen, click “CONTINUE” to go to the File Numbers/Call Signs screen. Upon providing the information required on that screen, complete steps three and four at the Attach File and Confirmation screens, respectively. For more information, detailed instructions can be found in the Public Notice announcing the implementation of electronic filing for pleadings.8 • If filing by paper, a party must file an original and four copies of each pleading with the Office of the Secretary. Filings may be delivered by hand or messenger, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. o All hand-delivered or messenger-delivered paper filings must be delivered to FCC Headquarters at 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. The filing hours are 8:00 A.M. to 7:00 P.M. All hand-deliveries must be held together with rubber bands or fasteners. All envelopes must be disposed of before entering the building. o Commercial overnight mail (other than U.S. Postal Service mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. o All other mail, including U.S. Postal Service First-Class, Express, and Priority mail must be addressed to 445 12th Street, S.W., Washington D.C. 20554. Continued from previous page (Aug. 23, 2013); Skybridge Spectrum Foundation, FCC File No. 0005906736 (Aug. 23, 2013); and V2G LLC, FCC File No. 0005906723 (Aug. 23, 2013). 4 Id. §§ 1.934(a), (d). 5 See id. § 1.2108(b). The tenth day after release of this Public Notice, September 28, 2013, is a Saturday. The next business day and the filing deadline is, therefore, Monday, September 30, 2013. See 47 C.F.R. § 1.4(j) (providing that if “the filing date falls on a holiday, the document shall be filed on the next business day”); id. § 1.4(e)(1) (defining “holiday” to mean, in relevant part, Saturday and Sunday). 6 See id. § 1.2108(c). 7 See id. 8 Wireless Telecommunications Bureau Enhances the Commission’s Universal Licensing System to Implement Electronic Filing for Pleadings, Public Notice, 21 FCC Rcd 424 (WTB 2006). 3 One copy of each pleading must be delivered electronically to (1) the Commission’s duplicating contractor, Best Copy and Printing, Inc., at fcc@bcpiweb.com or (202) 488-5563 (facsimile); (2) Kathy Harris, Mobility Division, Wireless Telecommunications Bureau, at Kathy.Harris@fcc.gov; and (3) Cyndi Thomas, Mobility Division, Wireless Telecommunications Bureau, at Cyndi.Thomas@fcc.gov. If delivered as a paper filing by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail, one copy of each pleading must be delivered to (1) the Commission’s duplicating contractor, Best Copy and Printing, Inc., according to the procedures set forth above for paper filings; (2) Kathy Harris at 445 12th Street, S.W., Room 6329, Washington, D.C. 20554; and (3) Cyndi Thomas at 445 12th Street, S.W., Room 6319, Washington, D.C. 20554. The applications listed in Attachment A are available to the public for electronic viewing through ULS. Any amendments to FCC Form 601 applications must also be filed electronically through ULS. For technical assistance in using ULS for viewing applications or filing amendments to applications, contact the ULS Licensing Support Hotline at (877) 480-3201, or Denise Walter at (202) 418-0359. The ULS Licensing Support Hotline is available Monday through Friday, from 8:00 A.M. to 6:00 P.M. Eastern Time. All calls to the ULS Licensing Support Hotline are recorded. Questions regarding procedural issues should be directed to Kathy Harris at (202) 418-0609. Attachment A – List of Applications Accepted for Filing – Sorted by Applicant.