Federal Communications Commission DA 17-1182
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of 
STATE OF TENNESSEE, DEPARTMENT OF 
SAFETY AND HOMELAND SECURITY
Request for Waiver of Section 1.949 of the 
Commission’s Rules
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FCC File No. 0007941663
ORDER
Adopted: December 7, 2017 Released: December 7, 2017
By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau:    
I. INTRODUCTION 
1. In this Order, we grant the Tennessee Department of Safety and Homeland Security’s 
(Tennessee) waiver request to accept its late-filed renewal application for its 700 MHz state license 
authorized under call sign WPTZ797.
1
  
II. BACKGROUND 
2. The state channels consist of ninety-six channel pairs (12.5 kHz bandwidth) from the 
public safety narrowband segment (769-775 MHz-799-805 MHz) of the 700 MHz band that are reserved 
for use by each state, territory, district or possession (state licensees) on a geographic-area basis.
2
  In 
2002, the Commission issued Tennessee a 700 MHz state license under call sign WPTZ797 for an initial 
15 year period.
 3
  After the initial fifteen year license term, the Commission renews state licenses, for ten 
years.
4
  Renewal is not automatic, however state licensees have a renewal expectancy provided they 
comply with certain licensing and operational conditions, including satisfying a substantial service 
requirement.
5
3. To ensure efficient use of the state channels, the Commission established a five-year 
interim and a ten-year final benchmark for state licensees to provide specified levels of substantial 
1
 See FCC File No. 0007941663 (dated Sept. 28, 2017) and Letter from Arnold Hooper, Director of Wireless 
Services, Tennessee Department of Safety & Homeland Security to FCC (dated Sept. 28, 2017) (Waiver Request).
2
 47 CFR §§ 90.529 and 90.531(b)(5).
3
 See Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local 
Public Safety Agency Communications Requirements Through the Year 2010, Third Memorandum Opinion and 
Order and Third Report and Order, 15 FCC Rcd 19844, 19871 para. 61 (2000) (establishing a 15 year initial license 
term for 700 MHz state licenses).  
4
 Id.
5
 Id.  
Federal Communications Commission DA 17-1182
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service.
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  In 2011, the Commission clarified that the start date for measuring the 5-year and 10-year 
substantial service deadlines was June 12, 2009.  Thus, the 5-year deadline expired on June 13, 2014, and 
the 10-year deadline will expire on June 13, 2019.
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4. On July 28, 2014, the Public Safety and Homeland Security Bureau (Bureau) granted 
Tennessee’s initial substantial service showing that demonstrated that Tennessee, met the substantial 
service requirement prior to June 13, 2014.
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  On February 20, 2017, the Bureau reminded Tennessee to 
renew its license on or before May 14, 2017 – the expiration of the initial 15 year license term.
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Tennessee, however, failed to submit a license renewal application and its license expired on May 14, 
2017, by operation of rule.
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5. On September 28, 2017, Tennessee requested a waiver of Section 1.949 of the 
Commission’s rules
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 to permit the acceptance of a late-filed renewal application.
12
  It explained that it 
currently uses state license channels at over 50 sites and that its trunked radio system has over 30,000 
users.
13
  Tennessee claims that losing the state license and having to apply for, and receive, a new license 
and call sign—would require changing call sign identifiers at every location.
14
  Tennessee attributes the 
failure to timely renew its license to staff turnover.
15
  It commits to check the FCC licensing database 
every 45 days to ensure its licenses remain current and to take additional measures to timely respond to 
FCC correspondence.
16
  
III. DISCUSSION
6. In 1999, the Commission adopted a policy for treating late-filed renewal applications in 
the wireless services.
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  Renewal applications filed up to thirty days after the expiration date of the license 
will be granted nunc pro tunc if the application is otherwise sufficient, but the licensee may be subject to 
an enforcement action for untimely filing and unauthorized operation between the expiration of the 
license and the untimely renewal filing.
18
  Applicants who file renewal applications more than thirty days 
after the license expiration date may also request that the license be renewed nunc pro tunc, but such 
6
 “Substantial service” is defined as the construction and operation of facilities on state channels which is “sound, 
favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.” See 47 
CFR § 90.529(c).  
7
 See Service Rules Governing Public Safety Narrowband Operations in the 769-775/799-805 MHz Bands, 
Declaratory Ruling, 26 FCC Rcd 10895 (2011).
8
 See FCC File No. 0006319870 (filed Jun. 11, 2014).
9
 See Renewal Reminder Notice, FCC Reference No. 6232648 (dated Feb. 20, 2017).
10
 47 CFR § 1.955(a)(1) (“Authorizations automatically terminate, without specific Commission action, on the 
expiration date specified therein, unless a timely application for renewal is filed.”).
11
 47 CFR § 1.949.
12
 See Waiver Request at 1.
13
 Id.
14
 Id.
15
 Id.
16
 Id.
17
 See Biennial Regulatory Review – Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, and 101 of the 
Commission’s Rules to Facilitate Development and Use of the Universal Licensing System in the Wireless 
Telecommunications Service, Memorandum Opinion and Order on Reconsideration, 14 FCC Rcd 11476 (1999) 
(ULS MO&O).
18
 See id. at 11485 para. 22.
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requests will not be routinely granted, will be subject to stricter review, and also may be accompanied by 
enforcement action, including more significant fines or forfeitures.
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  In determining whether to grant a 
late-filed renewal application, we take into consideration all of the facts and circumstances, including the 
length of the delay in filing, the reasons for the failure to timely file, the potential consequences to the 
public if the license should terminate, and the performance record of the licensee.
20
7. Based on the facts and circumstances here, we conclude that Tennessee’s request should 
be granted and that dismissal of its application would be unduly burdensome and contrary to the public 
interest.  We believe that two of the factors set forth by the Commission’s policy for the treatment of late-
filed renewal applications—i.e., the potential consequences to the public if the license should terminate, 
and the performance record of the licensee—support Tennessee’s request.  First, we are concerned that a 
dismissal of Tennessee’s application would potentially disrupt public safety communications.  Because 
Tennessee does not have a master system station identification capability, changes to its station 
identification must be made on a per site basis.  Given that Tennessee has over 50 sites across the state, 
we believe that termination of Tennessee’s license would not be in the public interest.  Second, we 
recognize that Tennessee satisfied the Commission’s initial substantial service requirement and that it has 
implemented steps to better manage its licenses and timely respond to FCC correspondence.  For these 
reasons, we grant Tennessee’s late-filed renewal application for call sign WPTZ797.
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8. Notwithstanding our decision here, we caution that a licensee will not be afforded special 
consideration when it fails to file a timely renewal application merely because it engages in public safety 
activities.
22
  The Commission also has stated that turnover in recordkeeping personnel, failure to check 
computer records, or simple forgetfulness are not valid excuses for failure to file a timely renewal 
application.
23
  
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 
1934, as amended, 47 U.S.C. § 154(i), and Section 1.925 of the Commission's Rules, 47 CFR § 1.925, 
that the waiver request submitted by the State of Tennessee Department of Safety and Homeland Security 
on September 28, 2017, IS GRANTED.  We instruct staff to process the renewal application, FCC File 
number 0007941663, in accordance with this Order.
10. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the 
Commission’s rules, 47 CFR §§ 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
Michael J. Wilhelm 
Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau
19
 Id. 
20
 Id. 
21
 See, e.g., Commonwealth of Puerto Rico, Order, 32 FCC Rcd 7009 (PSHSB 2017) (waiving Section 1.949 of the 
rules, 47 CFR § 1.949, to accept the Commonwealth of Puerto Rico’s late-filed renewal application for its 700 MHz 
state license). 
22
 See Amendment of Parts 1 and 90 of the Commission’s Rules Concerning the Construction, Licensing and 
Operation of Private Land Mobile Radio Stations, Report and Order, 6 FCC Rcd 7297, 7301 para. 20 (1991).
23
 See ULS MO&O, 14 FCC Rcd at 11485 and n.21.