Federal Communications Commission	DA 18-768


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

License Acquisitions, LLC

Request to Rescind ESMR Election - Improving Public Safety Communications in the 800 MHz Band.

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WT Docket No. 02-55

ORDER 

Adopted:  July 25, 2018	Released:  July 25, 2018

By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau:

1. On April 9, 2018, License Acquisitions, LLC (License Acquisitions) submitted via e-mail a petition Letter from Rob Somers, Esq., General Counsel, License Acquisitions, LLC, to Marlene H. Dortch, Secretary, Federal Communications Commission, April 9, 2018.
 seeking reconsideration of the Public Safety and Homeland Security Bureau’s (Bureau) March 12, 2018 denial of its request to rescind its election under the 800 MHz rebanding program to relocate to the Enhanced Specialized Mobile Radio (ESMR) portion of the band. License Acquisitions, LLC, Request to Rescind ESMR Election, Order, 33 FCC Rcd 2211 (PSHSB 2018).
  Because the petition was not properly filed in accordance with Commission rules, we hereby dismiss it. 
2. Section 1.106(i) of the Commission’s rules provides:
Petitions for reconsideration, oppositions, and replies shall conform to the requirements of §§1.49, 1.51, and 1.52 and shall be submitted to the Secretary, Federal Communications Commission, Washington, DC 20554, by mail, by commercial courier, by hand, or by electronic submission through the Commission's Electronic Comment Filing System or other electronic filing system (such as ULS).  Petitions submitted only by electronic mail and petitions submitted directly to staff without submission to the Secretary shall not be considered to have been properly filed. 47 C.F.R. § 1.106(i) (emphasis supplied).
 
3. License Acquisitions submitted the petition to the email address PSHSB800@fcc.gov.  This email address was established by the Bureau for non-docketed filings relating to 800 MHz rebanding. Public Safety and Homeland Security Bureau Announces Creation of New E-mail Address for Non-docketed 800 MHz Rebanding Filings, Public Notice, 22 FCC Rcd 17704 (PSHSB 2007).
  In the public notice establishing the email address, the Bureau specified that it “does not supersede other formal filing requirements in the Commission’s rules,” and directed that docketed filings “should continue to be filed in the Electronic Comment Filing System (ECFS) or as otherwise provided in Part 1 of the Commission’s rules.” Id.
  Because License Acquisitions failed to file the Petition to Reconsider in conformance with Section 1.106(i), it is improperly filed and we decline to consider it.  
4. Accordingly, the Petition to Reconsider IS DISMISSED. 
5. 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 

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