Federal Communications Commission
Washington, D.C. 20554
November 3, 2017
DA 17-1083
Kent D. Bressie
Harris, Wiltshire & Grannis LLP
1919 M Street, NW, Suite 800
Washington, DC 20036
RE:  Request for Waiver of Interim and Final Geographic Construction Benchmarks for Lower 
700 MHz Band A and B Block Licenses WQJQ800 and WQOU674 in American Samoa
Dear Mr. Bressie:
This letter addresses the above referenced requests for waiver of the interim and final 
construction requirements filed by AST Telecom, LLC d/b/a Bluesky (Bluesky) with respect to two of its 
licenses in American Samoa.
1
  For the reasons and to the extent described below, we hereby (1) grant 
Bluesky’s request for waiver of the interim construction benchmark, and (2) deny Bluesky’s request for 
waiver of the final construction benchmark.  We find that grant of a temporary waiver of Section 
27.14(g)(1)’s interim construction deadline will serve the underlying purpose of the Commission’s rules
by facilitating deployment of advanced wireless services to the citizens of American Samoa.  However, 
for the reasons stated below, we find that the record before us does not support Bluesky’s request for 
waiver of the final construction requirement and that the public interest is best served by strict application 
of Section 27.14(g)(2) of the Commission’s rules.
I. BACKGROUND
In the 700 MHz Second Report and Order, the Commission adopted interim and end-of-license 
term construction benchmarks for certain 700 MHz band licensees.
2
  The Commission’s rules for the 
Lower 700 MHz band A and B Block require licensees to provide signal coverage and offer service over 
at least 35 percent of the geographic area of their license at the interim construction deadline,
3
and to 
provide signal coverage and offer service over at least 70 percent of the geographic area of the license by 
the final construction deadline.
4
  Section 27.14(g)(1) provides that if a licensee does not satisfy the 
interim construction benchmark, its license term will be reduced by two years, thereby requiring it to meet 
the final construction benchmark two years sooner.
5
  Further, if a licensee does not meet its final 
construction benchmark, it will be subject to a “keep-what-you-serve” rule, whereby its “authorization 
                                                          
1
AST Telecom, LLC d/b/a Bluesky, Request for Waiver of Interim and Final Geographic Construction Benchmarks 
for Lower 700 MHz Band A and B Block Licenses WQJQ800 and WQOU674 in American Samoa, ULS File Nos. 
0007595216 and 0007597075 (filed Apr. 10, 2017) (Bluesky Waiver Request).
2
See Service Rules for 698-746, 747-762, and 777-792 MHz Bands, Second Report and Order, 22 FCC Rcd 15289 
(2007) (700 MHz Second Report and Order).
3
See 47 CFR § 27.14(g).  For most A and B Block licenses, the interim construction deadline was originally June 
13, 2013, but was later extended for all A and B Block licenses – including those auctioned in 2011 – to December 
13, 2016.  See Promoting Interoperability in the 700 MHz Commercial Spectrum, Report and Order and Order of 
Proposed Modification, 28 FCC Rcd 15122, 15151-52, para. 65 (2013) (Interoperability Order).
4
See 47 CFR § 27.14(g); 700 MHz Second Report and Order, 22 FCC Rcd at 15293-94, 15349, paras. 6, 157.
5
47 CFR § 27.14(g)(1).
Kent D. Bressie
Page 2
will terminate automatically without Commission action for those geographic portions of its license in 
which the licensee is not providing service, and those unserved areas will become available for 
reassignment by the Commission.”
6
Bluesky holds the Lower 700 MHz A and B Block licenses in American Samoa, which are 
coextensive and cover the area of the American Samoa territory.  Bluesky acquired the A Block license –
WQJQ800 – at auction in 2008,
7
and the B Block license – WQOU674 – through assignment from Club 
42CM Limited Partnership, which was consummated on January 25, 2017.
8
  Following the extensions 
granted by the Commission in the Interoperability Order, both licenses had an interim construction 
deadline of December 13, 2016.
9
  The A Block license has a final construction deadline of June 13, 2019
and the B Block license has a final construction deadline of February 3, 2022.
10
  
Prior to the December 13, 2016 interim construction deadline, Bluesky filed requests for 
extension of time until January 27, 2017 to meet the interim construction requirements for both licenses, 
citing a delay in shipment from its equipment manufacturer, which the Mobility Division (Division) of 
the Wireless Telecommunications Bureau (Bureau) granted on December 14, 2016.
11
  Bluesky filed 
timely construction notifications for both licenses, claiming to meet the 35 percent geographic coverage 
requirement.
12
  However, on February 7, 2017, the Division sent letters returning the construction 
notifications (Return Letters), citing two deficiencies that resulted in Bluesky overestimating the level of 
coverage it provided in American Samoa.
13
  First, because Bluesky did not use the market boundary maps 
specified by the Commission, the filings underrepresented the size of the market area.
14
  Second, because 
Bluesky relied on a signal level that was below accepted industry standards for an LTE system, the filings 
overestimated Bluesky’s geographic coverage in the market area.
15
Waiver Request.  On April 10, 2017, Bluesky filed an amended construction notification for both 
licenses, claiming to satisfy the 35 percent geographic coverage requirement as of that date and seeking 
                                                          
6
Id. § 27.14(g)(2). See also 700 MHz Second Report and Order, 22 FCC Rcd at 15348, para. 153.
7
See Auction of 700 MHz Band Licenses Closes; Winning Bidders Announced for Auction 73, Public Notice, 23 
FCC Rcd 4572, 4583 (2008).
8
See ULS File No. 0007294780.
9
Interoperability Order, 28 FCC Rcd at 15151-52, para. 65
10
See Implementation of the DTV Delay Act, et al., Second Report and Order and Notice of Proposed Rulemaking, 
24 FCC Rcd 2526, 2542-43, para. 38-39 (2009) (extending the initial authorization terms for certain 700 MHz 
licensees until June 13, 2019); Wireless Telecommunications Bureau Grants 700 MHz Band Licenses, Public Notice, 
27 FCC Rcd 580, Appx. A (WTB 2012) (granting the B Block license on February 3, 2012 for a period of 10 years).
11
Bluesky, Request for Limited Extension of Time to Meet Interim Construction Requirements, ULS File No. 
0007586282 (WQJQ800, filed Dec. 9, 2016) and ULS File No. 0007588143 (WQOU674, filed Dec. 12, 2016).
12
See ULS File Nos. 0007595216 and 0007597075, later amended to include exhibits of Bluesky’s subsequent 
construction and the present waiver requests.
13
See id., Notice of Return Letters, Reference Nos. 6228472 and 6228473.  Division staff reviewed Bluesky’s 
December 2016 construction notification and found that, after correcting for the discrepancies contained in the 
filing, Bluesky provided coverage to 23.42 percent of the geographic area of the license as of the December 13, 
2016 interim construction deadline.
14
See id. at 1.
15
Id. at 2.
Kent D. Bressie
Page 3
waiver of Section 27.14(g) of the Commission’s rules.  Specifically, Bluesky stated that, after correcting 
the deficiencies pointed out by the Return Letters, it provided coverage to 45 percent of the geographic 
area of the license by March 6, 2017.
16
  Bluesky’s waiver request sought three alternative forms of relief 
with respect to the interim construction benchmark, asking the Bureau to either:  (1) accept the December 
construction notifications as “substantial compliance” with the interim benchmark; (2) waive Section 
27.14(g)(1) to replace the interim 35 percent geographic coverage requirement with a population-based 
benchmark and accept the December construction notifications pursuant to that standard; or (3) grant a 
short waiver of Section 27.14(g)(1)’s interim construction deadline until March 6, 2017, and accept the 
amended construction notifications as demonstrating compliance as of that date.
17
  Regarding the final 
construction benchmark, Bluesky’s request seeks a waiver of 27.14(g)(2) to replace the final geographic 
coverage requirement with a 70 percent population-based benchmark.
18
In support of its request that the Bureau accept the December 2016 construction notifications, 
Bluesky argues that the filings demonstrate “substantial compliance” with the interim construction 
benchmark because “the deficiencies identified in the Return Letters are either immaterial to the 
experience of wireless consumers on American Samoa or reasonable in light of the specifications 
provided to Bluesky by its equipment manufacturer.”
19
  Bluesky argues that prior to receiving the Return 
Letters, it made every effort to timely comply with the interim construction benchmark and believed that 
it did, in fact, comply as of the deadline.  Further, after receiving the Return Letters, Bluesky states that it 
“worked tirelessly to achieve compliance with the interim benchmark using a coverage estimate that 
conformed to the expectations conveyed in the Return Letters,” and achieved that compliance on March 
6, 2017, expanding its coverage to nearly 45 percent geographic coverage of the license area.
20
In the alternative, Bluesky asks the Bureau to waive Section 27.14(g)(1) to replace the interim 35 
percent geographic coverage requirement with a population-based benchmark, and accept the construction 
notifications, as amended, which demonstrate that Bluesky provided service to more than 47 percent of 
the population as of the December 2016 deadline.
21
  Bluesky argues that its ability to serve nearly half of 
the population in its license area by the December 13, 2016 interim construction deadline despite the 
unique market conditions in American Samoa “demonstrates sufficient progress to meet the purpose of 
the interim buildout requirement.”
22
  Bluesky therefore asks that the Bureau grant the waiver and accept 
the interim construction notifications as filed pursuant to a population-based benchmark.
23
If the Bureau declines to apply a population-based interim construction benchmark, Bluesky asks 
that we grant a short waiver of Section 27.14(g)(1)’s interim construction deadline until March 6, 2017,
and accept the amended construction notifications as demonstrating compliance as of that date.
24
  Bluesky 
                                                          
16
Bluesky Waiver Request at 16-17.
17
Id. at 1-2.
18
Id. at 1.
19
Id. at 14.
20
Id. at 14-15
21
Id. at 17.
22
Bluesky Waiver Request at 17.
23
Id.
24
Id.
Kent D. Bressie
Page 4
states that it “undertook extraordinary efforts to achieve full compliance” with the construction 
requirement upon receipt of the Return Letters.
25
  After receiving the delayed equipment from its supplier 
on February 15, 2017, “Bluesky’s engineering and construction teams worked seven days a week, from 
pre-dawn hours to the late night, to install as many sites as possible.”
26
  Waiving the rules to provide an 
extension until March 6, 2017 would support the underlying purpose of the Commission’s rules and serve 
the public interest, Bluesky argues, because rather than speculating or squatting on its Lower 700 MHz 
spectrum holdings, Bluesky acquired spectrum vital to its LTE network on the secondary market and “put 
it to use in record time.”
27
  Moreover, Bluesky states that it “genuinely believed, and had a good faith 
basis for believing, that it was in compliance with the interim requirements, and made extraordinary 
efforts to address the perceived failures of its initial filing,” expanding coverage to nearly 45 percent of 
the geographic area and more than 90 percent of the population of the license area by March 6, 2017.
28
Finally, Bluesky seeks a waiver of the final 70 percent geographic coverage requirement in favor 
of a 70 percent population-based benchmark, arguing that “the geographic, demographic, environmental, 
and economic conditions in American Samoa create a uniquely challenging environment in which to build 
a mobile broadband network – and make compliance with the Commission’s geographic coverage 
benchmarks impracticable.”
29
  Bluesky points out that large parts of the market area are “entirely 
uninhabited or sparsely inhabited, and unserved by basic infrastructure including roads, electricity, and 
backhaul.”
30
  In addition to difficulty caused by lack of regular flights or shipping routes between the 
islands, Bluesky states that the inability of signal to penetrate the mountainous terrain reduces its ability 
to expand coverage to the island of Manu’a, which accounts for 28 percent of the territory’s total land 
area.
31
  In light of these circumstances, Bluesky contends that application of a geographic coverage 
requirement and the Commission’s “keep-what-you-serve” regime would undermine the purpose of the 
rules, as it would limit Bluesky’s ability to expand service in the market area in the future.
32
  For the same 
reasons, Bluesky argues that application of the rules would be inequitable, unduly burdensome, and 
contrary to the public interest, as it would “put Bluesky through the onerous and unnecessary process of 
having to reapply” for the portions of the license area returned to the Commission’s inventory for 
relicensing.
33
II. DISCUSSION
Waiver Standard.  Requests to waive Commission rules must “meet a high hurdle at the starting 
gate.”
34
  In determining whether that standard is met, we must evaluate each case based on the specific 
circumstances it presents.  It is well-established that the Commission may waive a rule where the 
                                                          
25
Id. at 18.
26
Id.
27
Id. at 18-19.
28
Bluesky Waiver Request at 10, 19.
29
Id. at 5.
30
Id. at 11.
31
Id. at 11-12.
32
Id. at 12.  See also 47 CFR § 1.925(b)(3)(i).
33
Bluesky Waiver Request at 13.  See also 47 CFR § 1.925(b)(3)(ii).
34
See WAIT Radio v. FCC, 459 F.2d 1203, 1207 (D.C. Cir. 1972).  
Kent D. Bressie
Page 5
particular facts make strict compliance inconsistent with the public interest,
35
and it may take into account 
unique considerations of hardship, equity, or more effective implementation of overall policy on an 
individual basis.
36
  The Commission may grant a waiver pursuant to Section 1.925(b)(3) of the 
Commission’s rules when: (i) the underlying purpose of the rule(s) would not be served or would be 
frustrated by application to the instant case, and a grant of the requested waiver would be in the public 
interest; or (ii) in view of the unique or unusual factual circumstances of the instant case, application of 
the rule(s) would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant 
has no reasonable alternative.
37
Interim Benchmark.  We have carefully reviewed the record before us and find that the 
underlying purpose of Section 27.14(g) —“to better promote access to spectrum and the provision of 
service, especially in rural areas”
38
— would be frustrated by strict application of the rule here, and that 
grant of the requested waiver to provide additional time for Bluesky to meet its interim construction 
requirements will serve the public interest.  
We find that the totality of the factors involved in the instant case show that strict application of 
the December 13, 2016 deadline would undermine the purpose of Section 27.14(g)(1).  The record 
reflects that Bluesky intended to meet the interim construction benchmark, and believed in good faith that 
it did meet the requirement as of the deadline.  Bluesky’s intent to construct as required is demonstrated 
by its efforts to achieve the 35 percent geographic coverage requirement, despite delays in shipment from 
its equipment manufacturer that disrupted its otherwise timely construction schedule.
39
  Upon receiving a 
partial delivery the day before the interim deadline, Bluesky completed installation of the equipment 
overnight and filed timely construction notifications shortly thereafter.
40
  Relying on signal strength levels 
provided by its equipment manufacturer when calculating its coverage at the interim construction 
deadline, Bluesky believed in good faith that it was in full compliance with the Commission’s 
requirements.
41
  Upon receipt of the Return Letters, Bluesky immediately began work to come into 
compliance using an appropriate calculation methodology and worked diligently to expand its coverage to 
nearly 45 percent of the geography in less than a month.
42
  
Bluesky’s efforts to comply with the Commission’s performance rules are noteworthy in light of 
the difficulties associated with constructing this market.  American Samoa is a remote, unincorporated 
territory of the United States, with limited flights to the mainland and no regular flights or shipping routes 
between the islands.
43
The bulk of resources must be ordered months in advance and skilled 
telecommunications personnel capable of constructing wireless facilities usually must be brought in from 
                                                          
35
Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
36
WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.
37
47 CFR § 1.925(b)(3).
38
700 MHz Second Report and Order, 22 FCC Rcd at 15348, para. 153.
39
Bluesky Waiver Request at 15, 18-20.
40
Id. at 16.
41
Id. at 16, 18-19.
42
Id. at 18-20.
43
Id. at 9.
Kent D. Bressie
Page 6
the mainland.
44
  Further, while 98 percent of the territory’s population resides on the largest island of 
Tutuila, and the nearby Aunu’u, those islands account for only 72 percent of American Samoa by land 
area.
45
  American Samoa’s volcanic islands, which in some areas lack electricity and basic 
infrastructure,
46
are extremely rugged, steep, and largely covered by forest,
47
causing difficulties in terms 
of site construction as well as signal propagation.
48
  Moreover, American Samoa experiences a cyclone 
(hurricane) season for six months out of the year which causes frequent storms that can interfere with 
deployment and operations.
49
Despite these conditions, Bluesky has worked diligently to deploy advanced wireless services in 
American Samoa in a timely manner.  In light of Bluesky’s ongoing efforts, we are persuaded that it is 
committed to overcoming existing barriers to full deployment of its LTE network. Given its efforts to 
build its network despite the difficulty of constructing facilities in this area, we find that the public 
interest is served by granting additional time to meet the interim requirements and maintaining Bluesky’s 
full license term, rather than accelerating the final construction deadline by two years.  The waiver will 
allow Bluesky to continue expanding its network and building in remote areas that might not otherwise be 
served.  Indeed, Bluesky gives examples of at least two wireless sites that, with more time, could be 
connected to its LTE network and would serve small local populations living on the more remote islands 
of American Samoa.
50
  Accordingly, in light of the discussion herein, Bluesky’s demonstrated intent and 
efforts to satisfy the interim construction benchmark, and its good faith belief that it did, in fact, meet the 
requirement, we find that the underlying purpose of Section 27.14(g)(1) would not be served by strict 
application of the December 13, 2016 deadline in this case, and that waiver of Section 27.14(g)(1) until 
March 6, 2017 is warranted to provide Bluesky additional time to meet its interim 35 percent geographic 
coverage requirement.
51
We note that our geographic service areas, including those adopted for the 700 MHz band, are 
based on county boundaries, which extend into water pursuant to state and federal law.
52
  In American 
                                                          
44
Id. at 8-9.  
45
Bluesky Waiver Request at 6; U.S. Census Bureau, 2010 Census Island Areas, American Samoa, Population 
Count, https://www.census.gov/2010census/news/press-kits/island-areas/island-areas.html (last visited Sept. 29, 
2017).
46
Data regarding access to electricity, including rural access, can be found at: Central Intelligence Agency, The 
World Factbook, Australia-Oceania:  American Samoa:  Energy, https://www.cia.gov/library/publications/the-
world-factbook/geos/aq.html (last visited Sept. 29, 2017); The World Bank, Sustainable Energy for All: Access to 
Electricity, American Samoa, http://data.worldbank.org/indicator/EG.ELC.ACCS.ZS?locations=AS (last visited 
Sept. 29, 2017).
47
Office for Coastal Management, National Oceanic and Atmospheric Administration, American Samoa 
https://coast.noaa.gov/states/american-samoa.html (last visited Sept. 29, 2017).
48
Bluesky Waiver Request at 11-12.
49
Id. at 8.
50
Id. at 11-12.
51
Because we grant Bluesky additional time, we need not address the alternative forms of relief from the interim 
construction benchmark contained in the waiver request.
52
Cellular Service and Other Commercial Mobile Radio Services in the Gulf of Mexico, Report and Order, 17 FCC 
Rcd 1209, 1224, para. 46 (2002); Common Carrier Public Mobile Services Information Cellular MSA/RSA Markets 
Kent D. Bressie
Page 7
Samoa, county (or district) boundaries extend three nautical miles into the water,
53
and Bluesky’s filing 
should have reflected those boundaries and included the water area when calculating its geographic 
coverage requirement.
54
  However, in the public notice that provided licensees with the templates and 
market-based boundary files to be used for 700 MHz construction demonstrations, the Bureau
inadvertently used shapefiles that reflected the American Samoa market area as being coterminous with 
the land boundaries of the territory.
55
  Because Bluesky relied in good faith on the Commission’s 
guidance regarding the boundaries of its licenses, we find, on our own motion, that good cause exists to 
accept Bluesky’s interim benchmark construction notifications demonstrating at least 35 percent 
geographic coverage of this market as it was defined pursuant to the 700 MHz Public Notice.
56
Final Benchmark.  In addition to the relief requested with respect to the interim construction 
requirement, Bluesky seeks a waiver of the final geographic coverage requirement in favor of a 
population-based requirement.
57
  Upon review of the record, we find that grant of Bluesky’s request for 
waiver of the final construction requirement would frustrate the underlying purpose of the rule, and that 
strict application of the geographic coverage requirement in the instant case would not be inequitable, 
unduly burdensome, or contrary to the public interest.
We disagree with Bluesky’s argument that applying a geographic benchmark in this instance 
would undermine the purpose the Commission’s 700 MHz construction requirements.  In establishing a 
geographic coverage requirement for certain 700 MHz bands, the Commission sought to encourage 
licensees to deploy networks in rural and remote areas, rather than focusing service on population 
centers.
58
  In the instant case, while Bluesky provides service to more than 90 percent of the population of 
American Samoa, its service area accounts for only 45 percent of the geographic area of the territory.  By 
maintaining the 70 percent final geographic coverage requirement, Bluesky will have a continued 
incentive to expand its network and deploy wireless services to the more remote areas that are home to 
small communities of American Samoans.  Indeed, if we were to grant a waiver to replace the 70 percent 
geographic coverage requirement with a population-based benchmark, Bluesky would already exceed that 
benchmark.  Grant of the requested relief would therefore undermine the underlying purpose of Section 
27.14(g)(2).
We also do not find support in the record that it would be inequitable, unduly burdensome, or 
contrary to the public interest to apply the geographic coverage requirement at Bluesky’s final 
construction deadline. It is the responsibility of the licensee to conduct its due diligence to ensure that it 
                                                                                                                                                                                          
and Counties, Public Notice, 6 FCC Rcd 742 (1992).  See also 47 CFR § 27.6(a), (c)(1)-(2).  In certain services, 
exceptions exist with respect to geographic markets in the Gulf of Mexico area.
53
48 U.S.C. § 1705.
54
See Service Rules for 698-746, 747-762, and 777-792 MHz Bands et al., Memorandum Opinion and Order on 
Reconsideration, 28 FCC Rcd 2671, 2675, para. 8 (2013) (700 MHz Second R&O Order on Reconsideration).
55
See Wireless Telecommunications Bureau Establishes Electronic Map Format for Covered 700 MHz Band 
Licensee Construction Notifications, Public Notice, 30 FCC Rcd 11407 (WTB 2015) (700 MHz Public Notice).
56
47 CFR § 1.3.  Bluesky will, however, be required to use the correct market boundaries to satisfy its geographic 
coverage requirement at the final benchmark.  We are in the process of correcting the market information.
57
Bluesky Waiver Request at 1, 9-13.
58
See 700 MHz Second Report and Order, 22 FCC Rcd at 15348-49, paras. 153-58.
Kent D. Bressie
Page 8
can meet its performance obligations as required by the Commission’s rules.
59
  The Commission 
established the geographic coverage requirements for 700 MHz licensees with the goal of encouraging 
deployment to remote and rural areas – often the most difficult to serve – that might otherwise lack 
adequate access to services.
60
  While the Commission recognized certain factors might make construction 
of wireless facilities more challenging in some areas than others, it reaffirmed this goal on reconsideration 
of the 700 MHz Second Report and Order, noting that while licensees may seek waivers of the geographic 
coverage requirement if they believe the circumstances in a particular area warrant relief, such requests 
“must be well founded and not based solely on grounds of low population density.”
61
  When it acquired 
the licenses, Bluesky knew or should have known of the Commission’s performance benchmarks for the 
700 MHz band and the challenges presented by American Samoa in meeting those obligations.  While we 
recognize that geographic and environmental conditions associated with this area present difficulties in 
deploying service, we are not persuaded that such difficulties preclude additional construction or 
outweigh the public interest in providing service to remote areas of American Samoa. Aside from the 
challenges of serving American Samoa, which it has demonstrated its ability to overcome,
62
Bluesky’s 
request focuses largely on the sparse populations located in the remaining unserved areas in the market, 
and is therefore unpersuasive as grounds for relief.
We also disagree with Bluesky’s argument that potential application of the “keep-what-you-
serve” rule as a result of its possible failure to satisfy the final construction benchmark would undermine 
the underlying goal of the 700 MHz construction requirements or would be inequitable, unduly 
burdensome, and contrary to the public interest.  Pursuant to Section 27.14(g)(2), if Bluesky is unable to 
satisfy the final 70 percent geographic coverage requirement, it will retain its authorization in all of the 
license areas in which it is providing service as of the final deadline, and the remaining unserved areas 
will return to the Commission’s inventory for relicensing.
63
  The Commission’s goal in establishing these 
rules was to promote the provision of service, especially in rural areas, and, where areas remain unserved, 
to give others the “opportunity to acquire spectrum that is not adequately built out and provide services to 
those who reside in those areas.”
64
  By its own admission, Bluesky is already providing service to the vast 
majority of areas that it ultimately intends to serve in American Samoa, citing the purported 
impracticability of expanding service further by any appreciable amount.
65
To the extent that Bluesky 
argues that applying the “keep-what-you-serve” regime would undermine its future ability to expand 
service in response to developments that reduce barriers to coverage, we find that allowing Bluesky to 
warehouse unserved areas indefinitely would undercut the intent of these rules by preventing others from 
providing coverage more quickly. Moreover, Bluesky retains the ability to expand service into unserved 
areas under the 700 MHz Phase II licensing rules.
66
  We therefore conclude that giving Bluesky the 
                                                          
59
See Auction of Broadband PCS Spectrum Scheduled for May 16, 2007, Public Notice, 22 FCC Rcd 433, 443-44, 
paras. 23-30 (WTB 2007); Auction of AWS-1 and Broadband PCS Licenses Rescheduled for August 13, 2008, Public 
Notice, 23 FCC Rcd 7496, 7513-15, paras. 51-60 (WTB 2008).
60
See 700 MHz Second Report and Order, 22 FCC Rcd at 15348-49, paras. 153-58.
61
700 MHz Second R&O Order on Reconsideration, 28 FCC Rcd at 2675, para. 9.
62
Indeed, Bluesky’s construction notifications reflect that it was able to construct facilities and expand its 
geographic coverage by more than 20 percent in less than a month.
63
47 CFR § 27.14(g)(2).
64
See 700 MHz Second Report and Order, 22 FCC Rcd at 15349, para. 156.
65
Bluesky Waiver Request at 10-11. 
66
See 47 CFR 27.14(j).
Kent D. Bressie
Page 9
remainder of its license term to continue expanding its network in American Samoa and, in the event that 
it fails the final construction requirement, returning the remaining unserved areas to the Commission’s 
inventory for relicensing, serves the exact objectives the Commission had when it set forth stringent 
performance requirements for the 700 MHz band.
III. CONCLUSION
For the reasons stated above, we hereby grant Bluesky’s request to waive the Section 27.14(g)(1) 
interim construction deadline until March 6, 2017, and deny all alternative requests for waiver relief.
Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as 
amended, 47 U.S.C. § 154(i), and Sections 1.3 and 1.925(b)(3)(i) of the Commission’s rules, 47 CFR §§ 
1.3, 1.925(b)(3)(i), the request for waiver of Section 27.14(g)(1) of the Commission’s rules, 47 CFR § 
27.14(g)(1), filed April 10, 2017, by AST Telecom, LLC d/b/a Bluesky, ULS File Nos. 0007595216 and 
0007597075, is hereby GRANTED to the extent described above, and the alternative requests for relief 
from the interim construction benchmark are DISMISSED as moot.
And, IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act, as 
amended, 47 U.S.C. § 154(i), and Section 1.925(b)(3) of the Commission’s rules, 47 CFR § 1.925(b)(3),
the request for waiver of Section 27.14(g)(2) of the Commission’s rules, 47 CFR § 27.14(2), filed April 
10, 2017, by AST Telecom, LLC d/b/a Bluesky, ULS File Nos. 0007595216 and 0007597075, is hereby 
DENIED.
These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the 
Commission’s rules, 47 CFR §§ 0.131, 0.331.
Sincerely,
Roger S. Noel
Chief, Mobility Division
Wireless Telecommunications Bureau