Federal Communications Commission DA 23-265 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Progeny LMS, LLC Request for Waiver and Extension of Time Further Request for Waiver and Extension of Time Further Waiver Request Request for Waiver and Extension of Time ) ) ) ) ) ) ) ) ) ) ) WT Docket No. 12-202 ORDER Adopted: March 29, 2023 Released: March 29, 2023 By the Chief, Mobility Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. By this Order, the Mobility Division (Division) of the Wireless Telecommunications Bureau (Bureau) addresses the requests filed by Progeny LMS, LLC (Progeny or NextNav) Progeny and NextNav LLC are wholly owned subsidiaries of NextNav Holdings LLC, previously named Progeny Holdings LLC. for waiver of Section 90.155(d) 47 CFR § 90.155(d). Pursuant to this rule, M-LMS licensees must construct and operate a sufficient number of base stations to serve one-third and two-thirds of an Economic Area’s (EA’s) population within five and ten years of the initial license grant, respectively. Id. Alternatively, an M-LMS licensee may make a showing of substantial service for its license at the five- and ten-year benchmarks. Id. An M-LMS license will automatically terminate as of the construction deadline if the licensee fails to meet the construction requirement. See 47 CFR §§ 1.946(c), 1.955(a)(2). of the Commission’s rules and extension of time to meet the construction deadlines for 82 of its 900 MHz Multilateration Location and Monitoring Service (M-LMS) Economic Area (EA) licenses (Licenses). See Progeny LMS, LLC’s Request for Waiver and Extension of Time, WT Docket No. 12-202 (filed Apr. 2, 2019) (Handset Waiver Request); Progeny LMS, LLC’s Further Request for Waiver and Extension of Time, WT Docket No. 12-202 (filed Sept. 17, 2020) (Second Construction Deadline Request); Progeny LMS, LLC’s Further Waiver Request, WT Docket No. 12-202 (filed Feb. 2, 2021) (Coverage Waiver Request); Progeny LMS, LLC’s Request for Waiver and Extension of Time, WT Docket No. 12-202 (filed Mar. 31, 2021) (Third Construction Deadline Request). This Order does not address Progeny’s pending requests related to the two A-Block licenses that the Division declined to renew in its 2017 Progeny Order. Progeny LMS, LLC’s Petition for Reconsideration, WT Docket No. 12-202 (filed Feb. 16, 2017); Progeny LMS, LLC’s Petition for Modification of A Block M-LMS Licenses, WT Docket No. 12-202 (filed Apr. 4, 2018). We address Progeny’s waiver and extension requests under the appropriate standard in turn below. Regarding Progeny’s request for waiver of section 90.155(d)’s construction requirement to allow it to serve two-thirds of buildings in excess of three stories for its Group 1, 2, and 3 licenses, we find that Progeny may demonstrate that it is providing service consistent with the two-thirds tall buildings coverage approach to satisfy the substantial service requirement in 90.155(d), and therefore dismiss that waiver request as moot. Today, we provide certain conditional relief for 226 of Progeny’s B and C Block licenses previously authorized to commence commercial services. See Request of Progeny LMS, LLC for Waiver and Limited Extension of Time, WT Docket No. 12-202, Order, 32 FCC Rcd 122, at Attachs. C, D, E (WTB 2017) (2017 Progeny Order); see also infra at Attachs. A, B, C. As discussed below, we categorize each group of licenses into Group 1, 2, or 3: (1) 42 EA licenses set forth in Attachment A, corresponding to the top 25 most populous CMAs; (2) 40 EA licenses set forth in Attachment B, corresponding to the next 26-50 most populous CMAs; and (3) 144 EA licenses set forth in Attachment C, outside of the top 50 CMAs. We conclude that, together, this relief will facilitate Progeny’s provision of service to wireless carriers to enable them to meet the Enhanced 911 (E911) location accuracy deadlines the Commission adopted in the 2015 and 2020 Indoor Location Accuracy Orders to address a critical public safety need for improving indoor location accuracy. See Wireless E911 Location Accuracy Requirements, PS Docket No. 07-114, Fourth Report and Order, 30 FCC Rcd 1259 (2015) (2015 Indoor Location Accuracy Order); see also Wireless E911 Location Accuracy Requirements, PS Docket No. 07-114, Report and Order and Order on Reconsideration, 35 FCC Rcd 7752 (2020) (2020 Indoor Location Accuracy Order). II. BACKGROUND 2. Progeny’s Location and Monitoring Service (LMS). In 1995, the Commission established LMS as a new service in the 902-928 MHz band, which is shared by a variety of users under a hierarchy of spectrum usage rights. Amendment of Part 90 of the Commission’s Rules to Adopt Regulations for Automatic Vehicle Monitoring Systems, Report and Order, 10 FCC Rcd 4695 (1995) (adopting rules encompassing the Automatic Vehicle Monitoring (AVM) service for which the Commission had adopted “interim” rules in 1974, and changing the name of the service from AVM to LMS). M-LMS licensees are regulated under Part 90 of the Commission’s rules, which generally governs radio communications systems licensed and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services, and M-LMS licensees may provide any service consistent with the Commission’s rules and the licensee’s regulatory status. See 47 CFR § 90.1 et seq. Specifically, this band is allocated on a primary basis to both Federal radiolocation systems and Industrial, Scientific, and Medical (ISM) equipment. 47 CFR §§ 2.106, 18.301, 18.11(c). Federal fixed and mobile services are allocated on a secondary basis to Federal radiolocation systems and ISM equipment. LMS licenses are allocated on a secondary basis to Federal users and to ISM devices and may not cause interference to and must tolerate interference from these users and devices. 47 CFR § 90.353(a). LMS systems use non-voice radio techniques to determine the location and status of mobile radio units. The Commission granted the Licenses to Progeny in July 2000. See, e.g., ULS File No. 0000006894 (lead call sign WPQP847); see also Wireless Telecommunications Bureau Grants 228 Location and Monitoring Service Licenses to Progeny LMS, Public Notice, 15 FCC Rcd 12807 (WTB 2000). The Commission auctioned M-LMS licenses in 1999 and 2001 in Auctions 21 and 39. See Location and Monitoring Service Auction Closes, Winning Bidders in the Auction of 528 Multilateration Licenses in the Location and Monitoring Service, Public Notice, 14 FCC Rcd 3754 (1999); Public Coast and Location and Monitoring Service Spectrum Auction Closes, Winning Bidders Announced, Public Notice, 16 FCC Rcd 12509 (2001). The Licenses had an initial five-year construction deadline of July 19, 2005. 3. Progeny 2006 Waiver Order. On May 24, 2006, the Bureau granted Progeny a three-year extension of time, until July 19, 2008, to meet its five-year renewal date on the basis that Progeny had actively sought to develop M-LMS equipment and applications but the M-LMS band spectrum sharing environment had hindered licensees’ ability to secure such equipment. Request of Progeny LMS, LLC for a Three-Year Extension of the Five-Year Construction Requirement for its Multilateration Location and Monitoring Services Economic Area Licenses, Memorandum Opinion and Order, 21 FCC Rcd 5928, 5931-32, paras. 12-13 (WTB 2006); see also Request of Progeny LMS, LLC for Limited Waiver of Construction Requirements, ULS File Nos. 0002049041-0002094297 (filed Feb. 15, 2005). 4. Progeny 2008 Waiver Order. On November 26, 2008, the Bureau again extended Progeny’s five-year and ten-year construction deadlines to July 19, 2012, and July 19, 2014, respectively. The Bureau afforded the same relief to all other M-LMS licensees. See Requests of Progeny LMS, LLC and PCS Partners, L.P. for Waiver of Multilateration Location and Monitoring Service Construction Rules, WT Docket No. 08-60, Order, 23 FCC Rcd 17250 (WTB 2008) (LMS Extension Order); see Request of Progeny LMS, LLC for Waiver and Limited Extension of Time, ULS File Nos. 0003422772-0003423231 (filed May 1, 2008). The Bureau noted that there was still no commercially available equipment certified for M-LMS use in the 900 MHz band, LMS Extension Order, 23 FCC Rcd at 17257-58, para. 22. The Bureau acknowledged that the pending M-LMS rulemaking, initiated in 2006, created regulatory uncertainty for M-LMS licensees that may have contributed to a lack of M-LMS equipment development and service deployment. Id.; see also Amendment of the Commission’s Part 90 Rules in the 904-909.75 and 919.75-928 MHz Bands, WT Docket No. 06-49, Notice of Proposed Rulemaking, 21 FCC Rcd 2809 (2006) (M-LMS NPRM). and indicated that its extension of the respective mid-term and end-of-term construction benchmarks afforded a reasonable amount of time to develop M-LMS operations. LMS Extension Order, 23 FCC Rcd at 17260, para. 30. 5. Progeny 2011 Limited Waiver Order. The Bureau and the Office of Engineering and Technology (OET) in December 2011 jointly granted Progeny’s requests which conditionally granted waiver of: (1) Section 90.155(e) 47 CFR § 90.155(e). allowing Progeny to take advantage of technical advances in multilateration technologies in deploying its network to provide location-based services; See Request by Progeny LMS, LLC for Waiver of Certain Multilateration Location and Monitoring Service Rules, WT Docket No. 11-49, Order, 26 FCC Rcd 16878, at 16884, para. 14 (WTB/OET 2011) (Progeny Limited Waiver Order). and (2) Section 90.353(g), Id. at 16886, para. 22; 47 CFR § 90.353(g). which requires that M-LMS systems’ “primary” operations involve the provision of vehicle location services, to enable Progeny to make its service equally available to other mobile devices, so long as it provides a location service to both vehicular and non-vehicular location services. 47 CFR § 90.353(g). The Bureau and OET further conditioned the grant on a requirement that Progeny file a field testing report prior to commencing commercial operations demonstrating that its M-LMS system would not cause unacceptable levels of interference to Part 15 devices that operate in the 902-928 MHz band. Progeny Limited Waiver Order, 26 FCC Rcd at 16889-90, paras. 29, 35. On January 27, 2012, Progeny filed the required Part 15 testing report. See Part 15 Test Report & M-LMS Network Description filed by Progeny, WT Docket No. 11-49 (filed Jan. 27, 2012). On October 31, 2012, Progeny filed three additional separate reports. See generally Letter from Bruce A. Olcott, Counsel to Progeny LMS, LLC, and Laura Stefani, Counsel for Itron, to Marlene H. Dortch, Secretary, Federal Communications Commission (Oct. 31, 2012). The Progeny Limited Waiver Order provided that if the Commission determined that no significant interference issues were raised by the report, Progeny would be notified that it may commence commercial service. Progeny Limited Waiver Order, 26 FCC Rcd at 16889-90, paras. 29, 35. 6. Commission Order Permitting Progeny’s Commercial M-LMS Operations. On June 6, 2013, following review of Progeny’s January 2012 field testing reports and Progeny’s (and others’) October 2012 joint field testing reports, the Commission adopted an order allowing Progeny to commence commercial operations of its M-LMS network on the B and C Block M-LMS spectrum it holds, subject to certain conditions. See Request by Progeny LMS, LLC for Waiver of Certain Multilateration Location and Monitoring Service Rules, WT Docket No. 11-49, Order, 28 FCC Rcd 8555 (2013) (Progeny Commercial Service Order), recon pending. The Progeny Commercial Service Order limits Progeny’s authority to provide commercial M-LMS operations to its B and C Block spectrum. See id. at n.45. On June 21, 2013, Progeny notified the Commission that it had completed construction in each of its top 40 EAs, including Orlando, and was providing service to the required one-third of the population in each EA. See Letter from Bruce A. Olcott, Counsel, Progeny LMS, LLC, to Marlene H. Dortch, Secretary, FCC, Regarding Notification of Completion of Initial Buildout in 40 Economic Areas and Establishment of Website and Toll-Free Help Desk, WT Docket No. 11-49 (filed June 21, 2013) (June 2013 Letter). 7. M-LMS Termination Order. On June 10, 2014, the Commission released an order terminating the M-LMS NPRM. See generally Amendment of the Commission’s Part 90 Rules in the 904-909.75 and 919.75-928 MHz Bands, WT Docket NO. 06-49, Order, 29 FCC Rcd 6361 (2014) (M-LMS Termination Order). The Commission concluded that the various proposals for broad revisions to the applicable rules, including considering “whether greater opportunity can be afforded M-LMS licensees to provide services, while ensuring continued access for other licensed and unlicensed uses that share this band,” did not merit further consideration at that time. M-LMS Termination Order, 29 FCC Rcd at 6364, para. 8 (citing M-LMS NPRM, 21 FCC Rcd at 2811, para. 4). The M-LMS Termination Order stated that based on recent developments in the M-LMS band, the Commission believed that the existing framework could provide M-LMS licensees with sufficient opportunities to provide service offerings. Id. The Commission specifically noted Progeny’s ability to commence commercial operations of its M-LMS position location service network, while co-existing with unlicensed operations in the band under the Commission’s initially established framework. Id. 8. Commission Orders on 911 Indoor Location Accuracy Requirements. On January 29, 2015, the Commission adopted the 2015 Indoor Location Accuracy Order, See 2015 Indoor Location Accuracy Order, 30 FCC Rcd 1259. which included measures aimed at enhancing Public Safety Answering Points’ (PSAPs) ability to accurately identify the location of wireless 911 callers when indoors. 2015 Indoor Location Accuracy Order, 30 FCC Rcd at 1260, para. 1. Over two-thirds of 911 calls come from wireless phones, According to the FCC’s most recent annual 911 fee report, in 2021, American states and territories reported a total of 220,107,525 calls to 911, of which 148,952,960 were wireless calls, representing approximately 68% of the total reported call volume. See FCC, Fourteenth Annual Report to Congress on State Collection and Distribution of 911 and Enhanced 911 Fees and Charges at 12 (2022), https://www.fcc.gov/general/911-fee-reports . and these calls are as likely to come from indoor and outdoor locations. To close the gap in the performance of outdoor vs. indoor 911 location service, the 2015 Indoor Location Accuracy Order adopted measures requiring Commercial Mobile Radio Service (CMRS) providers to improve their 911 location technology and meet a timeline for implementation of solutions to improve horizontal and vertical location accuracy. 2015 Indoor Location Accuracy Order, 30 FCC Rcd at 1260, para. 3. 9. The 2015 Indoor Location Accuracy Order required, inter alia, CMRS providers to provide dispatchable location The rules define “dispatchable location” as “[a] location delivered to the PSAP by the CMRS provider with a 911 call that consists of the street address of the calling party, plus additional information such as suite, apartment or similar information necessary to adequately identify the location of the calling party. The street address of the calling party must be validated and, to the extent possible, corroborated against other location information prior to delivery of dispatchable location information by the CMRS provider to the PSAP.” 47 CFR § 9.10(i)(1)(i). or x/y coordinates The x/y location is an alternative to dispatchable location that is the coordinate-based horizontal location. See 2015 Indoor Location Accuracy Order, 30 FCC Rcd at 1287, para. 74. within 50 meters of the caller for: (1) 40 percent of all wireless 911 calls within two years of the effective date of the order (by 2017); Id. at 1261-62, para. 6; 47 CFR § 20.18(i)(2)(i). The effective date of the relevant rules not requiring PRA approval is April 3, 2015. The effective date of the relevant rules requiring PRA approval is August 3, 2015. (2) 50 percent within three years (by 2018); (3) 70 percent within five years (by 2020); and (4) 80 percent within six years (by 2021). 2015 Indoor Location Accuracy Order, 30 FCC Rcd at 1261-62, para. 6. The 2020 and 2021 benchmarks only apply to nationwide CMRS providers. With regard to vertical location, the 2015 Indoor Location Accuracy Order required CMRS providers to begin delivering uncompensated barometric pressure data Handsets that can provide barometric pressure readings give an idea of the vertical height of the device. See id. at 1303-04, para. 115. within three years (by 2018) from any device that is capable of delivering such information. Id. at 1261-62, para. 6; 47 CFR § 9.10(i)(2)(ii)(A). In addition, the Commission required providers to deploy z-axis technology that meets a Commission-approved metric in the top 25 Cellular Market Areas (CMAs) by April 3, 2021, and in the top 50 CMAs by April 3, 2023. 2015 Indoor Location Accuracy Order, 30 FCC Rcd at 1304, para. 117; see also 47 CFR § 9.10(i)(2)(ii)(C)-(D). Non-nationwide CMRS providers serving these CMAs have an additional year to meet these requirements. 2015 Indoor Location Accuracy Order, 30 FCC Rcd at 1304, para. 117; see also 47 CFR § 9.10(i)(2)(ii)(F). The Commission, however, did not identify any specific approved z-axis metric at that time, and instead deferred adoption of a metric pending further testing. 2015 Indoor Location Accuracy Order, 30 FCC Rcd at 1302-03, para. 113. 10. In the 2019 Indoor Location Accuracy Order, the Commission adopted a z-axis location accuracy metric of 3 meters above or below the handset (plus or minus 3 meters) for 80% of calls made from z-axis capable devices as demonstrated in the test bed. Wireless E911 Location Accuracy Requirements, PS Docket No. 07-114, Fifth Report and Order and Fifth Further Notice of Proposed Rulemaking, 34 FCC Rcd 11592, 11593, 11604, 11617, paras. 2, 24, 54 (2019) (2019 Indoor Location Accuracy Order); 47 CFR § 9.10(i)(2)(ii)(C), (i)(2)(ii)(D). The Commission found that implementing the 3-meter metric within the existing compliance timeline was technically feasible and would yield significant public safety benefits. 2019 Indoor Location Accuracy Order, 34 FCC Rcd at 11596, para. 9. In addition, the Commission required CMRS providers to deliver z-axis information to PSAPs in Height Above Ellipsoid and to provide floor level information when available. Id. at 11608, 11610-11, paras. 32, 37; 47 CFR § 9.10(i)(2)(ii)(C), (i)(2)(ii)(D). 11. In the 2020 Indoor Location Accuracy Order, the Commission expanded the options for CMRS providers choosing to deploy z-axis technology to meet the 2021 and 2023 deadlines. 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7758-61, paras. 15-20. The Commission provided that instead of deploying z-axis technology to cover 80% of the CMA population, CMRS providers may meet the deadlines by deploying z-axis technology to cover 80% of the buildings that exceed three stories in the CMA. See 47 CFR § 9.10(i)(2)(ii)(I)(1). The Commission also provided an option for CMRS providers to deploy z-axis technology on a nationwide basis or throughout the provider’s network footprint, as applicable. See 47 CFR § 9.10(i)(2)(ii)(I)(2). In addition, the Commission adopted a requirement for CMRS providers by January 6, 2022, to provide dispatchable location with wireless E911 calls if it is technically feasible and cost effective for them to do so, 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7775-76, paras. 51-53; see also 47 CFR § 9.10(i)(2)(ii)(G). as well as a requirement for providers by April 3, 2025 to deploy z-axis location technology or dispatchable location to all CMAs nationwide. 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7761-63, paras. 21-25; see also 47 CFR § 9.10(i)(2)(ii)(E)-(F) (stating that nationwide CMRS providers must meet the benchmark by April 3, 2025, while non-nationwide CMRS providers will have an additional year to meet the benchmark throughout their network footprint). 12. 2017 Progeny Waiver Order. In the 2017 Progeny Order, the Division conditionally granted Progeny a waiver of section 90.155(d) of the Commission’s rules 47 CFR § 90.155(d). Pursuant to this rule, M-LMS licensees must construct and operate a sufficient number of base stations to serve one-third and two-thirds of an EA’s population within five and ten years of the initial license grant, respectively. Id. Alternatively, an M-LMS licensee may make a showing of substantial service for its license at the five-year and ten-year benchmarks. Id. for its B and C Block M-LMS licenses to facilitate Progeny’s provision of service to wireless carriers. See 2017 Progeny Order, 32 FCC Rcd at 135-36, para. 27. This relief enabled Progeny to assist carriers in meeting the E911 location accuracy deadlines the Commission adopted in its 2015 Indoor Location Accuracy Order. See 2017 Progeny Order (citing 2015 Indoor Location Accuracy Order). Based substantially on deadlines established in the 2015 Indoor Location Accuracy Order for wireless carriers, See Request of Progeny LMS, LLC for Waiver and Limited Extension of Time, WT Docket No. 12-202, Order, 32 FCC Rcd 123, 135-36, para. 27; see Progeny LMS, LLC Request for Waiver and Extension of Time, Universal Licensing System (ULS) File Nos. 0005273211 et al. (filed June 21, 2012) (2012 Waiver Request); Progeny LMS, LLC Request for Extension of Time, ULS File Nos. 0006383272 et al. (filed July 17, 2014) (2014 Waiver Request); Progeny LMS, LLC Amendment and Restatement to Requests for Waiver and Extension of Time (filed Mar. 27, 2015) (Amendment); Progeny LMS, LLC Limited Amendment to Amendment and Restatement to Requests for Waiver and Extension of Time (filed June 26, 2015) (Limited Amendment) (Amendment and Limited Amendment, together, Amended Waiver Requests). Progeny requested that the Amended Waiver Requests supersede all previously pending waiver and extension requests. Amendment at 2. Progeny received extended staggered construction deadlines, which could be met either by demonstrating population coverage or substantial service, for its B and C Block licenses in three license groupings that largely tracked the wireless carriers’ initial deadlines in meeting their indoor location accuracy requirements. In 2015, the Commission adopted the 2015 Indoor Location Accuracy Order, which required CMRS providers to improve 911 location accuracy technology and to meet a timeline for implementation of solutions intended to lead to improvements in horizontal and vertical location accuracy. In the 2017 Progeny Order, Progeny’s end-of-term construction deadlines for its B and C Block licenses were extended in three license groupings largely based on dates set forth in the 2015 Indoor Location Accuracy Order. Progeny’s deadlines were extended in its: (1) top 40 EAs, which correspond to the carriers top 25 CMAs, to 2020; (2) next 20 EAs, which corresponds to the carriers top 50 CMAs, to 2021; and (3) final 73 EAs, which corresponds to everything outside of the top 50 CMAs, to 2023. 13. The Division’s extension grant was conditioned on Progeny demonstrating that it is in fact supporting the wireless carriers’ efforts to comply with their E911 location accuracy requirements. See 2017 Progeny Order, 32 FCC Rcd at 138-39, para. 33-35. Accordingly, Progeny was required to demonstrate the required population coverage or substantial service at the end-of-term deadline, and also to show its efforts to support the wireless carriers’ compliance with their E911 location accuracy requirements. Id. Further, the 2015 Indoor Location Accuracy Order required that, by April 2021, nationwide CMRS providers must deploy vertical location technology in the top 25 CMAs nationwide. 2015 Indoor Location Accuracy Order, 30 FCC Rcd at 1302-1305, paras. 112-120. In that regard, the Commission highlighted the NextNav technology as a promising option for wireless providers to use to meet their location accuracy commitments. Id. at 1294-95, 1302, paras. 95-96, 113. Progeny’s affiliate NextNav LLC developed a technology that uses Progeny’s M-LMS licenses to assist carriers in meeting their vertical location accuracy requirements. In conditionally granting Progeny’s extension in the 2017 Progeny Order, the Division reasoned that it was important for the NextNav equipment to remain an option for the wireless carriers to improve location accuracy and for Progeny’s service to be available for E911 emergency response. 2017 Progeny Order, 32 FCC Rcd at 137, paras. 29-30. 14. 2020 Progeny Waiver Order. In July 2020, the Division conditionally granted Progeny a six month extension, from April 3, 2020 to October 3, 2020, to satisfy the end-of-term requirements for 42 M-LMS licenses in its top 40 EAs, which correspond to the top 25 CMAs. Request of Progeny LMS, LLC for Waiver and Extension of Time, WT Docket No. 12-202, Order, 35 FCC Rcd 7136 (WTB 2020) (2020 Progeny Order); see also 2017 Progeny Order, 32 FCC Rcd at Attach. C (identifying the 42 licenses and construction deadlines). As explained further below, we refer to these licenses collectively as the Group 1 licenses. See infra para. 15. The Division granted this extension due to the impact of COVID-19 on Progeny’s firefighting end-user customers, and conditioned the grant upon Progeny ensuring that performance of the agreement with the International Association of Fire Chiefs (IAFC) to deliver end user receivers for training and search and rescue exercises had resumed and that the receivers were being used by fire departments. 2020 Progeny Order, 35 FCC Rcd at 7139, para. 10. The Division also reminded Progeny that it must continue to support the wireless carriers’ efforts to comply with their E911 location accuracy requirements. 2020 Progeny Order, 35 FCC Rcd at 7139, para. 10; 2017 Progeny Order, 32 FCC Rcd at 138, para. 33. Likewise, the Division instructed Progeny, when filing its amended construction notifications to demonstrate the required population coverage or substantial service, to only include coverage areas where its signal strength is sufficient for carrier compliance. 2020 Progeny Order, 35 FCC Rcd at 7139, para. 10; 2017 Progeny Order, 32 FCC Rcd at 138-39, para. 34. A. Progeny’s Pending Waiver Requests 15. Progeny’s pending requests for relief relate to 226 of its B and C Block M-LMS licenses. See 2017 Progeny Order, 32 FCC Rcd at Attachs. C, D, E; see also infra at Attachs. A, B, C. The construction deadline for 42 of those licenses, in its top 40 EAs, (Group 1) was extended to October 3, 2020. The second group of 40 of Progeny’s licenses subject to requests for relief, in the next 20 EAs, (Group 2) had a construction deadline of April 3, 2021. The final group of 144 Progeny licenses (Group 3) has a construction deadline of April 3, 2023. Progeny’s April 3, 2023 construction deadline coincided with the second vertical location accuracy benchmark for the top 50 CMAs. As described in more detail below, all expired deadlines have been tolled by the timely filing of extension and waiver requests. 16. MBS-Compatible Handset Reporting Requirement Waiver and Extension Request. As a condition to the 2017 Progeny Order, the Bureau required Progeny to file a report, by April 2, 2019, with the Commission demonstrating that Metropolitan Beacon Service (MBS)-compatible handsets are commercially available in the United States (MBS-Compatible Handset Reporting Requirement). 2017 Progeny Order, 32 FCC Rcd at 139, para. 35. In April 2019, Progeny requested a waiver and 20-month extension of time, from April 2, 2019, to December 2, 2020, to complete the rollout of its MBS-compatible handsets and comply with the MBS-Compatible Handset Reporting Requirement. Handset Waiver Request. This condition parallels the CMRS providers’ z-axis deployment requirement whereby providers choosing to deploy z-axis capable handsets must do so on a nationwide basis. See 47 CFR §§ 9.10(i)(2)(ii)(I)(2); 9.10(i)(2)(ii)(J)(3). Providers were required to deploy this z-axis technology by April 3, 2021. 47 CFR § 9.10(i)(2)(ii)(C). Progeny states that its failure to meet the deadline was due its reliance on other manufacturers to make hardware/software changes that would accommodate indoor location accuracy services. Handset Waiver Request at 2-3. In addition, Progeny states that the extension would not delay CMRS providers from meeting the April 2021 deployment deadline because Progeny’s handsets would be available prior to the end of 2020. Handset Waiver Request at 2, 4-5. 17. Second Construction Deadline Extension Request. The Bureau, in the 2020 Progeny Order, granted Progeny a six-month extension, from April 3, 2020 to October 3, 2020, to satisfy the end-of-term construction requirements for its Group 1 licenses. 2020 Progeny Order; see also 2017 Progeny Order, 32 FCC Rcd at Attach. C (identifying the 42 licenses and construction deadlines). In October 2020, Progeny filed a request seeking an additional six-month extension, from October 3, 2020 to April 3, 2021, to satisfy the end-of-term requirements for these licenses, stating that a further extension of the deadline is necessary due to the impact of COVID-19 on its firefighting end-user customers. Second Construction Deadline Request; id. at 2-5. Progeny explains that it had been unable to implement the arrangement with the IAFC whereby Progeny would distribute its handheld vertical location receivers for training with IAFC members. See id. at 2-3. Progeny reports that the IAFC notified Progeny on September 1, 2020, that it must delay receipt of the receivers because “efforts to isolate and control the pandemic have not been successful” and “the continued state of emergency has ‘significantly constrained the ability of IAFC members to address non-essential activities.’” See id. at 4-5. Progeny therefore states that a further waiver and extension of time is necessary for reasons that are beyond Progeny’s control. See id. at 5; see also 47 CFR § 1.946(e)(1). 18. Coverage Waiver Request. Pursuant to section 90.155(d) of the Commission’s rules, 47 CFR § 90.155(d) (“Multilateration LMS EA-licensees, authorized in accordance with § 90.353, must construct and place in operation a sufficient number of base stations that utilize multilateration technology (see paragraph (e) of this section) to provide multilateration location service to one-third of the EA’s population within five years of initial license grant, and two-thirds of the population within ten years. Licensees may, in the alternative, provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks.”). Progeny is required to provide substantial service or serve two-thirds of the population by its end-of-term construction deadline. Progeny’s end-of-term construction deadline for the (1) Group 1 licenses was April 3, 2020; (2) Group 2 licenses was April 3, 2021; and (3) Group 3 licenses is April 3, 2023. See 2020 Progeny Order; see also 2017 Progeny Order, 32 FCC Rcd at Attachs. C, D, E. In February 2021, Progeny requested a waiver to substitute meeting the two-thirds population coverage with coverage to two-thirds of buildings in excess of three stories located in each of its markets and/or demonstrating substantial service for all of its remaining 226 B and C-block licenses. Coverage Waiver Request. Through this waiver request, Progeny also amended its April 2020 construction showings for the Group 1 licenses. Progeny filed these construction showings prior to the grant of the 2020 Progeny Order. Progeny indicated its intent to make a substantial service showing to satisfy its end-of-term construction deadlines, but also acknowledged that Progeny’s end user terminals had not been distributed. See Coverage Waiver Request at 4-5. To justify its waiver request, Progeny relies on the Commission’s 2020 Indoor Location Accuracy Order which afforded CMRS providers the option of deploying z-axis technology to cover two-thirds of the buildings that exceed three stories. 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7758-9, paras. 15-17; 47 CFR § 9.10(i)(2)(ii)(I)(1). Progeny argues that grant of a waiver will align Progeny’s requirements with those of CMRS providers and also afford Progeny more flexibility to satisfy its construction requirements. See Coverage Waiver Request at 2, 6-7. Progeny notes that the Commission explained, in the 2020 Indoor Location Accuracy Order, that a compliance approach based on tall buildings “will encourage providers to invest in z-axis solutions that focus on the areas with the greatest need for vertical location information.” See Id. at 2, 6-7 (citing 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7759, para. 17); 47 CFR § 1.3. Progeny explains that it “has been focusing its network construction efforts primarily on serving areas with tall buildings, regardless of whether they correspond with residential population centers,” and that “[t]his often means deploying Progeny’s infrastructure in commercial centers and office parks that may not include residential housing clusters.” See Coverage Waiver Request at 2. Progeny argues that there is good cause for grant of the waiver because it will “facilitate[e] Progeny’s support of public safety and the wireless industry through the provision of highly accurate vertical location service in those areas where it is most needed, in urban centers with large office buildings and multifamily housing.” Id. at 1. 19. Third Construction Deadline Extension Request. In April 2021, Progeny sought an additional six-month extension to October 3, 2021, for its Group 1 and 2 licenses Progeny’s end-of-term construction deadline for its Group 1 licenses was April 3, 2020. See 2020 Progeny Order; see also 2017 Progeny Order, 32 FCC Rcd at Attach. C. Progeny’s end-of-term construction deadline for its Group 2 licenses was April 3, 2021. See 2017 Progeny Order, 32 FCC Rcd at Attach. D. in the event that the Bureau denies its Coverage Waiver Request or finds its construction showings insufficient. Third Construction Deadline Request. While Progeny contends that it has already constructed its vertical location network for its Group 1 and 2 Licenses, it explains that a waiver would support the public interest and is warranted for reasons beyond Progeny’s control. Third Construction Deadline Request at 2-3; 47 CFR § 1.946(e)(1). In support of this, Progeny explains that widespread use of its vertical location service has been delayed by the reluctance of the major wireless carriers to implement, by the April 2021 deadline, vertical location technologies that are compliant with the Commission’s rules in the top 25 CMAs. Third Construction Deadline Request at 3-4. Progeny states that its ability to meet its requirements relies on carriers’ efforts to meet vertical location accuracy deadlines, and that several carriers, at the time of Progeny’s deadlines, had failed to meet those deadlines. Third Construction Deadline Request at 3-5 (citing Verizon Petition for Waiver, PS Docket No. 07-114 at 2 (Feb. 12, 2021) (Verizon Petition); Petition for Waiver of AT&T Services, Inc., PS Docket No. 07-114 at 18 (Feb. 12, 2021) (AT&T Petition); Petition for Limited Waiver of T-Mobile USA, Inc., PS Docket No. 07-114 at 19 (Feb. 12, 2021) (T-Mobile Petition)). Progeny therefore seeks an additional extension for its Group 1 and 2 licenses until October 3, 2021, or 90-days after the Commission releases any adverse decision against Progeny’s request. B. Status of Progeny’s Compliance with Handset and Construction Requirements 20. Progeny’s Handset Requirement. As of September 2021, Progeny states that it has manufactured MBS-compatible handsets, which are commercially available and are being used by the IAFC in 15 of its EAs for situational awareness training and search and rescue exercises, and by third-party contractors in 28 of its EAs to make vertical location determinations for use as reference points to calibrate the barometric pressure sensors in consumer handsets. In its progress reports, Progeny detailed its efforts to make handsets commercially available. See Seventh Progress Report of Progeny LMS, LLC, WT Docket No. 12-202, at 2 (filed Mar. 1, 2020) (Seventh Progress Report); Eighth Progress Report of Progeny LMS, LLC, WT Docket No. 12-202, at 1-2 (filed Sept. 1, 2020) (Eighth Progress Report); Ninth Progress Report of Progeny LMS, LLC, WT Docket No. 12-202, at 1-2 (filed Mar. 1, 2021) (Ninth Progress Report); Tenth Progress Report of Progeny LMS, LLC, WT Docket No. 12-202, at 1-3 (filed Sept. 1, 2021) (Tenth Progress Report); Eleventh Progress Report of Progeny LMS, LLC, WT Docket No. 12-202, at 1-3 (filed Mar. 1, 2022) (Eleventh Progress Report); Twelfth Progress Report of Progeny LMS, LLC, WT Docket No. 12-202, at 1-3 (filed Sept. 1, 2022) (Twelfth Progress Report); Thirteenth Progress Report of Progeny LMS, LLC, WT Docket No. 12-202, at 1-3 (filed Mar. 1, 2023) (Thirteenth Progress Report). 21. Progeny’s Construction Requirements. Progeny has pending before the Division construction notifications for its Group 1 and 2 licenses. On April 20, 2020, Progeny filed 32 notifications of construction (NTs) claiming that it met substantial service. In June 2021, Progeny submitted 82 NTs, many of which amend the 42 NTs filed on April 20, 2020. See Attach. D (Duplicative filings). The amended filings presume the grant of the currently pending Coverage Waiver Request and Third Construction Deadline Request. See Attachs. A, B. Specifically, as of March 1, 2021, Progeny states that it completed construction for its Group 1 and 2 licenses and is operating its M-LMS network in the top 41 EAs, which corresponds to the top 50 CMAs. Ninth Progress Report at 1; see Attachs. A, B. Progeny’s notifications reflect construction that anticipates a grant of its pending waivers and note that since Progeny’s technology is designed to cover tall buildings, the construction showings for its licenses in 39 out of 41 of its EAs purport to demonstrate coverage of two-thirds of tall buildings rather than two-thirds of the population as required under one option provided in the Commission’s rules. Coverage Waiver Request; Third Construction Deadline Request; see also Attachs. A, B, C. Progeny claims that it provides substantial service in its construction showings for the remaining 2 out of 41 EAs. Thirteenth Progress Report at 2 (“Progeny employed a substantial service approach for its remaining two largest EAs, Orlando and Baltimore/Washington.”). III. DISCUSSION 22. Standard of Review. Licensees may request a waiver of the Commission’s rules pursuant to Section 1.925, 47 CFR § 1.925. or an extension of time to construct pursuant to Section 1.946(e). 47 CFR § 1.946(e). The Commission may grant a request for a waiver when: (i) the underlying purpose of the rules(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. 47 CFR § 1.925(b)(3). Section 1.946(e) of the Commission's rules allows for an extension of time to meet construction requirements where a licensee demonstrates that failure to meet the construction deadline is due to circumstances beyond its control, while specifying a number of reasons that would not justify an extension, such as a licensee’s failure to obtain financing, antenna sites, or equipment. 47 CFR § 1.946(e). The rule provides that requests for extension must be filed before the expiration of the construction period. Id. We confirm that Progeny timely filed its extension requests relating to its Group 1 and 2 licenses. Progeny filed its Second Construction Deadline Request for its Group 1 licenses on September 17, 2020, prior to its October 2, 2020 deadline. See generally File Number 0009226497. Likewise, Progeny filed its Third Construction Deadline Request for its Group 1 and 2 licenses on March 31, 2021, prior to the April 3, 2021 deadline. See generally File Numbers 0009477376 and 0009477378. We note that the waiver standard and extension standard must be applied in consideration of Section 309(j), which states that the Commission shall include performance requirements to ensure prompt delivery of services, to prevent stockpiling and warehousing of spectrum by licensees, and to promote investment and deployment of new technologies and services. 47 U.S.C. § 309(j). We address Progeny’s waiver and extension requests under the appropriate standard in turn below. A. Extension of Progeny’s MBS-compatible Handset Reporting Requirement Deadline 23. Based on our review of the record, we find that Progeny has shown that a waiver of the MBS-Compatible Handset Reporting Requirement deadline is warranted because the underlying purpose of the requirement would be frustrated by application in the instant case and because grant of the requested waiver will serve the public interest. 47 CFR § 1.925(b)(3). In the 2017 Progeny Order, the Division required Progeny to “file a report with the Commission demonstrating that compatible handsets are commercially available in the United States” by April 2, 2019. Id. at 139, para. 35. Accordingly, we waive the MBS-Compatible Handset Reporting Requirement and extend Progeny’s handset reporting deadline from April 2, 2019, to April 18, 2020. We note, that although Progeny requested a 20-month extension from the April 2, 2019 deadline, Progeny stated that as of April 18, 2020, it had “distributed its end user receivers to third party contractors in each of the 21 EAs to make vertical location determinations in each city, which can be used as reference points to calibrate the barometric pressure sensors in consumer handsets as a part of Progeny’s vertical location solution to support E911 emergency services. See generally File Number 0009048443 (Narrative and Link Budget). Likewise, in its Eighth Progress Report, Progeny confirmed that it had “manufactured end user devices that can receive Progeny’s M-LMS signals and, coupled with visual displays on smart devices and application software, can calculate and display vertical location within three meters.” See Eighth Progress Report at 2. We therefore alter this deadline to conform with the date that Progeny submitted its construction notifications. 24. The underlying purpose of the MBS-Compatible Handset Reporting Requirement contained in the 2017 Progeny Order was to ensure that there is a “direct link between Progeny’s proposed service offering and the likelihood of its carrier customers being able to benefit the public through compliance with the Indoor Location Accuracy Order requirements.” See 2017 Progeny Order, 32 FCC Rcd at 139, para. 35. In its filings, Progeny demonstrated that it was actively working with wireless carriers to bring MBS-compatible handsets to market. Handset Waiver Request at 2-5; see also Seventh Progress Report at 2 (“Progeny and NextNav have also continued to work diligently with major wireless carriers, chipset vendors, handset manufacturers, and the public safety community on the full commercialization of Progeny’s M-LMS licenses through the incorporation of its vertical location technology, including the reception of vertical location data using its M-LMS beacon network, to support E911 emergency first responders.”). Progeny also demonstrated that extending the date of compliance with the MBS-Compatible Handset Reporting Requirement did not delay CMRS providers from meeting the April 2021 deployment deadline because Progeny’s handsets were available prior to the end of 2020, in advance of the CMRS providers deadline. Handset Waiver Request at 2, 4-5; see also supra n.85. Moreover, despite being met with delays due to Progeny’s reliance on wireless handset manufacturers to make hardware/software changes that would accommodate Progeny’s M-LMS services, Handset Waiver Request at 2-3; see also Handset Progress Report of Progeny LMS, LLC, WT Docket No. 12-202 (filed Apr. 2, 2019) (confidential); T-Mobile Petition at 12 (“it is also apparent that the technologies proffered by both NextNav and Polaris require further work to integrate proof-of-concept technologies into commercially available handsets, whether that integration is accomplished via the mobile OS systems or integrated into the devices with the cooperation of the handset OEMs through over-the-top applications.”); id. at 18 (stating “the third party applications would have to be approved and integrated onto the device platform by the handset OEM or integrated into the mobile OS (which they are not)”); AT&T Petition at 7-8 (stating MBS integration into handsets “was a difficult undertaking because MBS required integration at the system on a chip (SoC) level and there was no support for the MBS Solution by the leading SoC manufacturer”). Progeny reported that it had “significant success in securing MBS compatibility in handsets” when it successfully manufactured and distributed end user devices that could receive its M-LMS signals. Handset Waiver Request at 3; Eighth Progress Report at 2. In light of these factors, we find that the underlying purpose of the MBS-Compatible Handset Reporting Requirement would be frustrated by application in the instant case, and that an extension of the reporting deadline is appropriate. 25. We also find that grant of a waiver to extend the reporting deadline is in the public interest. The record demonstrates that Progeny’s network holds the potential to offer significant public safety benefits through improved E911 indoor location accuracy and, through our relief, we ensure that Progeny will have the opportunity to continue to provide such service to wireless carriers and to support the wireless carriers’ efforts to meet deadlines adopted in the 2015 and 2020 Indoor Location Accuracy Orders. See 2017 Progeny Order, 32 FCC Rcd at 136-7, paras. 28-30; Handset Waiver Request at 7-8 (“Progeny’s indoor location technology MBS has consistently proven its ability to meet the 50 meter objective for 80 percent of calls in industry-wide testing” and grant of this waiver will aid in meeting the Commission’s goals of achieving “ubiquitous, reliable, and accurate location technology for all Americans”); id. at 9-10 (stating “Progeny has consistently demonstrated that its technology can achieve the specific” Commission requirements and the public interest would be advanced significantly by granting the waiver and ensuring Progeny’s z-axis capabilities remain available); id. at 11-14 (stating the public interest is also served by ensuring that Progeny’s MBS technology is available for aiding first responders through FirstNet and providing a potential backup to GPS for DHS and other government agencies). We find that extending Progeny’s handset deadline will promote beneficial use of the spectrum and enable Progeny’s services to remain an option for wireless carriers to satisfy the Commission’s location accuracy rules and serve the critical public safety need of improved E911 indoor location accuracy. B. Extension of Progeny’s B and C Block Construction Deadlines 26. We also conditionally grant two of Progeny’s requests to extend its construction deadlines. First, we grant Progeny an extension of its end-of-term construction deadlines for its Group 1 licenses for an additional six months, from October 3, 2020, to April 3, 2021. Second Construction Deadline Request; see also 2020 Progeny Order (extending Progeny’s end-of-term construction deadline for these licenses to October 3, 2020); 2017 Progeny Order, 32 FCC Rcd at Attach. C (identifying the 42 licenses and construction deadlines). Next, we grant Progeny a waiver of its end-of-term construction requirements for its Group 1 and 2 licenses and extend these construction deadlines from April 3, 2021, In this Order, we extended Progeny’s end-of-term construction deadline for its Group 1 licenses to April 3, 2021. See infra paras. 27-28 (extending Progeny’s deadline from October 3, 2020, to April 3, 2021); see also 2020 Progeny Order (extending Progeny’s deadline from April 3, 2020, to October 3, 2020); 2017 Progeny Order, 32 FCC Rcd at Attach. C. Progeny’s end-of-term construction deadline for its Group 2 licenses was April 3, 2021. See 2017 Progeny Order, 32 FCC Rcd at Attach. D. to June 17, 2021. We discuss these extensions in further detail below. 27. Second Construction Deadline Extension Request. Because we find that Progeny encountered circumstances beyond its control, See 47 CFR § 1.946(e). This rule also specifies circumstances for which an extension will not be granted, such as a licensee’s failure to obtain financing, antenna sites, or equipment. 47 CFR § 1.946(e)(2). we find that the public interest is served by grant of an additional six-month extension of Progeny’s end-of-term construction deadline, from October 3, 2020, to April 3, 2021, for its Group 1 licenses. Second Construction Deadline Request; see also 2020 Progeny Order (extending Progeny’s end-of-term construction deadline for these licenses to October 3, 2020); 2017 Progeny Order, 32 FCC Rcd at Attach. C (identifying the 42 licenses and construction deadlines). In the Second Construction Deadline Request, Progeny argues that an additional extension is warranted because, despite “rapidly construct[ing] its vertical location network” and remaining on track to satisfy its construction requirements for its Group 1 licenses, Progeny has been unable to implement its arrangement to deliver end-user receivers to and initiate service for the IAFC. See Second Construction Deadline Request at 1-4. In the 2020 Progeny Order, Progeny was granted a six month extension because of the COVID-19 pandemic and related governmental directives to postpone or curtail all non-essential functions. 2020 Progeny Order, 35 FCC Rcd at 7138-9, paras. 7-10. Progeny explains that the IAFC notified Progeny on September 1, 2020, that it had to again delay receipt of the receivers because “efforts to isolate and control the pandemic have not been successful” and “the continued state of emergency has ‘significantly constrained the ability of IAFC members to address non-essential activities.’” See Second Construction Deadline Request at 1-5. Progeny maintains that the IAFC indicated that it would resume work on the deployment of Progeny’s vertical location technology to its members “immediately in advance of the implementation deadline.” See id. at 4. 28. We find good cause to grant the requested relief, given the impact of COVID-19 and the resulting declarations of emergencies at the local, state, and federal levels at that time. See Executive Office of the President, Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Mar. 13, 2020), https://www.whitehouse.gov/presidentialactions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak; see also Executive Office of the President, Notice on the Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic (Feb. 14, 2021), https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/notice-on-the-continuation-of-the-national-emergency-concerning-the-coronavirus-disease-2019-covid-19-pandemic/. We find it relevant to our decision that despite the delays caused by the pandemic, which disrupted delivery of the devices needed to initiate service to the fire departments, Progeny still managed to file its construction notifications in April 2021. See Tenth Progress Report; see also File Number 0009499347 (showing an example of a construction notification filed in April 2021); Verizon Petition at 18-19 (stating that “just over one year in advance of the [April 2021] deadline, one of Verizon’s OS vendors [Progeny] was making significant progress towards achieving +- 3 meters/80 percents for its products.”). We recognize that the ability of emergency personnel to locate individuals in distress accurately through improved vertical location accuracy is essential. It is imperative that first responders have access to accurate vertical location information, and Progeny’s technology remains an important option for achieving improved accuracy. Given the evolving and unpredictable nature of the pandemic at the time of the construction deadline, which led IAFC to delay its acceptance of the receivers, we find that Progeny has demonstrated that failure to meet the construction deadline is due to circumstances beyond Progeny’s control. We therefore find it in the public interest to grant Progeny’s request for extension of its applicable construction deadlines for an additional six months to April 3, 2021, subject to the conditions below. 29. Third Construction Deadline Extension Request. We likewise find good cause to grant Progeny a waiver of its construction deadlines for its Group 1 and 2 licenses and extend such deadlines from April 3, 2021 In this Order, we extended Progeny’s end-of-term construction deadline for its Group 1 licenses to April 3, 2021. See supra paras. 27-28 (extending Progeny’s deadline from October 3, 2020 to April 3, 2021); 2020 Progeny Order (extending Progeny’s deadline from April 3, 2020 to October 3, 2020); see also 2017 Progeny Order, 32 FCC Rcd at Attach. C. Progeny’s end-of-term construction deadline for its Group 2 licenses was April 3, 2021. See 2017 Progeny Order, 32 FCC Rcd at Attach. D. to June 17, 2021. Third Construction Deadline Request. We note, that although Progeny requested an additional 6-month extension from the April 3, 2021 deadline, Progeny filed its amended construction notifications on June 14, 2021 and June 17, 2021. See Tenth Progress Report; see also File Numbers 0009498548; 0009498604 (showing an example of an amended construction notification filed on each date). We therefore alter this deadline to conform with the latter dates of Progeny’s amended construction filings. Construction notifications for these licenses are currently pending. Based on our review of the record and the totality of the circumstances presented in this case, we find that the underlying purpose of Section 90.155(d), to ensure that M-LMS licensees use spectrum to provide location-based services to consumers, would not be served if existing construction deadlines are applied here. First, Progeny demonstrated that it actively worked towards meeting its construction requirements by working with wireless carriers to ensure that end user terminals could receive Progeny’s M-LMS beacon signals. See Third Construction Deadline Request at 3-4; see also Eighth Progress Report at 1-2; Ninth Progress Report at 2; Tenth Progress Report at 2-3. Progeny also ensured that its end-user terminals were made available to aid the IAFC with situational awareness training and search and rescue exercises as well as to third party contractors to make vertical location determinations in support of E911 emergency services. See Third Construction Deadline Request at 3-5; see also Eighth Progress Report at 1-2; Ninth Progress Report at 2; Tenth Progress Report at 2-3. Second, as discussed below, the record clearly demonstrates that Progeny’s network holds the potential to offer significant public safety benefits through improved E911 indoor location accuracy and, through our conditional relief, we ensure that Progeny will have the opportunity to provide such service to wireless carriers in order for them to meet upcoming deadlines adopted in the 2015 and 2020 Indoor Location Accuracy Orders. See Third Construction Deadline Request at 3-7; 2017 Progeny Order, 32 FCC Rcd at 137, paras. 28-29. Progeny has also shown that its services provide a significant public safety benefit through partnerships with a major wireless carrier and other technology providers. See Elisabeth Jeffs, RapidDeploy Partners with NextNav to Reduce Response Times in 9-1-1 Calls from Multi-Floor Buildings, NextNav (June 13, 2022), https://nextnav.com/rapiddeploy-partnership/; Gillian Smith, NextNav Selected to Deliver High-Precision Z-Axis Capabilities for 911 by Top Wireless Carrier, NextNav (Jan. 19, 2022), https://nextnav.com/nextnav_to_deliver_high_precision_zaxis_for_e911/; Gillian Smith, NextNav and Qualcomm Collaborate to Deliver Precise Vertical Location for E911 Emergency Services, NextNav (Oct. 14, 2021), https://nextnav.com/nextnav-qualcomm-deliver-vertical-location-e911/. Moreover, Progeny’s services could aid public safety by serving as a terrestrial backup to GPS “through the provision of highly accurate position, navigation and timing (PNT) services.” See Third Construction Deadline Request at 4-6; see also Thirteenth Progress Report at 3 (Progeny was selected “by NASA’s Ames Research Center in Silicon Valley to use Progeny’s M-LMS network to deliver position, navigation and timing (“PNT”) services for NASA’s urban drone program. Using Progeny’s M-LMS network, NASA Ames will capture in-flight horizontal and vertical location data to validate drone flight safety at its Mountain View, California, facility. The research will help support a stronger understanding of PNT management in GPS-denied environments.”). Finally, despite the delays met and the technical issues faced by vertical location vendors, such as Progeny, Third Construction Deadline Request at 3-4 (citing Verizon Petition for Waiver, PS Docket No. 07-114 at 2 (Feb. 12, 2021); Petition for Waiver of AT&T Services, Inc., PS Docket No. 07-114 at 18 (Feb. 12, 2021); Petition for Limited Waiver of T-Mobile USA, Inc., PS Docket No. 07-114 at 19 (Feb. 12, 2021)). Verizon stated that it evaluated solutions from NextNav, but those solutions were not supported by smartphones for a number of reasons. See Verizon Petition at 3-4. AT&T stated that it had to work through technical issues with its z-axis vendor, and in particular, it needed to perform privacy and security reviews of NextNav’s technology. See AT&T Petition at 18. Progeny managed to file its construction notifications by June of 2021, and states that its network “provides vertical location services with an accuracy of within three meters to support emergency response to wireless callers to E911 emergency services.” See Tenth Progress Report; Thirteenth Progress Report; see also File Numbers 0009498548; 0009498604 (showing an example of an amended construction notification filed on June 14th and 17th). 30. We also find that a number of factors, taken collectively, justify relief in the public interest provided that Progeny adheres to the conditions specified below. See infra paras. 33-35. Extending Progeny’s construction deadlines will promote beneficial use of the spectrum and enable its equipment and services to remain an option for wireless carriers to improve location accuracy and satisfy the Commission’s location accuracy rules identified as a critical public safety need. We agree with Progeny that conditionally granting its waiver relief serves the public interest and will “ensure that Progeny’s technology remains available for use by public safety and the U.S. federal government for critical safety and security services.” Third Construction Deadline Request at 7. We also note that the existence of competing technologies spurs innovation and provides choice to consumers, thereby furthering the public interest. C. Compliance with Progeny’s Construction Coverage Requirements 31. Progeny seeks waiver of section 90.155(d) to allow it to meet its construction requirements by serving two-thirds of buildings in excess of three stories for its Group 1, 2, and 3 licenses. Progeny requests a waiver to demonstrate coverage of at least two-thirds of the tall buildings in each EA. See Coverage Waiver Request at 1; see also id. at 2-7 (citing 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7759, para. 17); 47 CFR § 1.3. Progeny states that grant of the waiver to meet its construction requirements by serving two-thirds of buildings in excess of three stories would not only align Progeny’s requirements with those of the CMRS providers, but would also afford Progeny more flexibility to satisfy its construction requirements. In the 2020 Indoor Location Accuracy Order, the Commission gave CMRS providers the option of deploying z-axis technology to cover 80% of the buildings that exceed three stories in the CMA rather than 80% of the population. 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7758-9, paras. 15-17; 47 CFR § 9.10(i)(2)(ii)(I)(1). In doing so, the Commission, relying on some of Progeny’s comments, found that the compliance approach based on tall buildings could lower the costs of deploying z-axis solutions and could “encourage providers to invest in z-axis solutions that focus on the areas with the greatest need for vertical location information.” See 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7758-9, para. 17; see also Coverage Waiver Request at 2-7 (citing 2020 Indoor Location Accuracy Order, 35 FCC Rcd at 7758, para. 16) (“transitioning from a population-based compliance approach to one focused on tall structures would presumably assist emergency personnel by ‘ensuring that vertical location capabilities are made available as much as possible where they are most needed, and not just in low-rise residential areas where the vertical dimension is not a significant factor for public safety.’”). 32. We agree with Progeny that affording it the opportunity to meet its construction requirements by serving two-thirds of buildings in excess of three stories would better align its requirements with those of the CMRS providers. However, we find that in lieu of granting a waiver of Section 90.155(d), Progeny may comply with its construction requirements by demonstrating that it is providing service consistent with the two-thirds tall buildings coverage approach, which would meet the substantial service requirement. Section 90.155(d) allows a licensee to meet its end-of-term construction deadlines by providing either (1) service to two-thirds of the population; or (2) substantial service to their licensed area. The Commission defines substantial service as service that is “sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal.” See, e.g., Implementation of Section 3(N) and 332 of the Communications Act Regulatory Treatment of Mobile Services; Amendment of Part 90 of the Commission’s Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band; Amendment of Parts 2 and 90 of the Commission’s Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and 935-940 MHz Band Allotted to the Specialized Mobile Radio Pool, GN Docket No. 93-252; PR Docket Nos. 93-144 and 89-553, Report and Order, 9 FCC Rcd 7988, 8157 n.712 (1994)(citing 47 CFR § 22.940(a)(1)(i)). Utilizing the two-thirds tall buildings metric, as described in the 2020 Indoor Location Accuracy Order, to meet substantial service will promote beneficial use of the spectrum, especially in areas where it is needed most, and ensure that Progeny’s service remains an option for wireless carriers to improve location accuracy and satisfy the Commission’s location accuracy requirements. We confirm here that Progeny may meet its construction deadlines by showing substantial service through serving two-thirds of buildings in excess of three stories for its Group 1, 2, and 3 licenses. We confirm that CoStar Analytics is an appropriate data source for tall buildings in this context, although an equivalent source would also be acceptable. Commission staff will apply this approach to the amended construction showings for Progeny’s Group 1 and 2 licenses, which were filed in June 2021. Progeny LMS, LLC’s Further Waiver Request, WT Docket No. 12-202 (filed Feb. 2, 2021) (Coverage Waiver Request). Through this waiver request, Progeny also amended its April 2020 construction showings for the 42 licenses in the top 40 EAs. Progeny filed these construction showings prior to the grant of the 2020 Progeny Order. Progeny indicated its intent to make a substantial service showing to satisfy its end-of-term construction deadlines, but also acknowledged that Progeny’s end user terminals had not been distributed. See Coverage Waiver Request at 4-5. This approach will also apply to Progeny’s construction showings for its Group 3 licenses, which have a construction deadline of April 3, 2023. Accordingly, because we find that serving two-thirds of buildings in excess of three stories may be used to demonstrate substantial service for these license groups, we dismiss Progeny’s request for waiver of Section 90.155(d)’s coverage requirement as moot. Because we find that Progeny may meet substantial service by demonstrating two-thirds tall building coverage, we do not discuss the merits of Progeny’s Coverage Waiver Request. IV. CONCLUSION 33. We find it in the public interest to grant relief to Progeny for its Group 1 and 2 licenses’ end-of-term construction requirements and deadlines subject to the conditions outlined below. 34. Conditions. The relief granted in this Order is subject to the following conditions. Progeny must meet the construction deadlines established herein and timely file construction notifications acceptable to the Commission for its remaining 144 licenses (Group 3 Licenses). Progeny’s April 3, 2023 construction deadline coincides with the second vertical location accuracy benchmark for the top 50 CMAs. Consistent with this Order, Progeny shall be permitted to file its construction notifications to meet the substantial service requirement with a demonstration that the required coverage to two-thirds of the buildings in excess of three stories has been achieved, however, Progeny may only include coverage areas where its signal strength is sufficient for wireless carrier compliance with the requirements established in the Commission’s relevant rules, its 2015 Indoor Location Accuracy Order, 30 FCC Rcd 1259, and its 2020 Indoor Location Accuracy Order, 35 FCC Rcd 7752. 2015 Indoor Location Accuracy Order, 30 FCC Rcd 1259; 2020 Indoor Location Accuracy Order, 35 FCC Rcd 7752. We remind Progeny that the relevant M-LMS licenses will terminate automatically if Progeny fails to meet these required benchmarks pursuant to Sections 1.946(c) and 1.955(a) of the Commission’s rules. 47 CFR §§ 1.946(c), 1.955(a). Moreover, as an additional condition, Progeny is required to continue to provide location accuracy services on all of its B and C Block licenses for at least a five (5) year period ending April 3, 2028. This date represents five years from the April 3, 2023 end-of-term construction deadline for its remaining 73 EAs and ensures that, for a reasonable and not unduly burdensome time period, Progeny will continue to provide service to carriers complying with the indoor location accuracy requirements. See 2017 Progeny Order, 32 FCC Rcd at 135-36, para. 27; id. at Attach. D. Until April 3, 2028, Progeny’s B and C Block licenses may not be assigned, transferred, partitioned, disaggregated, and/or leased to any third party, unless the potential assignee, transferee, partitionee, disaggregatee, and/or lessee requests a waiver justifying continuation of the waiver relief granted herein and the Bureau grants such relief. 35. In addition, we condition the relief provided on Progeny filing periodic reports electronically in this docket, WT Docket No. 12-202, as outlined below, demonstrating its progress toward meeting the extended construction deadlines. These reports are necessary because a waiver would not be warranted absent a direct link between Progeny’s proposed service offering and the likelihood of its carrier customers being able to benefit the public through compliance with the Indoor Location Accuracy Order requirements. The record reflects that each step requiring a report is a precursor to Progeny’s ultimate ability to comply with its construction deadlines (e.g., handsets to market, agreements with carriers). This waiver terminates if we determine that any of Progeny’s reports do not adequately demonstrate that each of the precursors has been accomplished, unless Progeny separately demonstrates that continuation of the waiver relief is nonetheless in the public interest. Accordingly, we require the following: · Beginning on June 15, 2023, Progeny must file biannual reports (by June 15 and December 15 of each year, ending on June 15, 2028) detailing its progress toward deployment, testing, and activation in each license area. For licenses that are past the relevant end-of-term deadline, Progeny must include in each semi-annual report a confirmation that such licenses continue to remain in operation providing location accuracy services. Progeny must also include a detailed demonstration as to how Progeny is supporting wireless carriers’ efforts to comply with their E911 location accuracy requirement, and must include a copy of the agreement(s) entered into with any carrier(s) regarding this supporting effort. Progeny may seek confidentiality pursuant to Commission rules 0.457. 0.459, 47 CFR Section 0.457, 0.459, if necessary. V. ORDERING CLAUSE 36. Accordingly, IT IS ORDERED that, pursuant to Sections 2 and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 152, 154(i), and Sections 0.131, 0.331, 1.925, 1.946, and 90.155(d) of the Commission’s rules, 47 CFR §§ 0.131, 0.331, 1.925, 1.946, 90.155(d), the Progeny LMS, LLC, Request for Waiver and Extension of time filed March 27, 2015, Progeny LMS, LLC’s Request for Waiver and Extension of Time filed April 2, 2019, Progeny LMS, LLC’s Further Request for Waiver and Extension of Time filed Sept. 17, 2020, and Progeny LMS, LLC’s Request for Waiver and Extension of Time filed March 31, 2021, ARE GRANTED to the extent described and subject to the conditions imposed herein and are otherwise DENIED. 37. It is FURTHER ORDERED that the Progeny LMS, LLC’s Further Waiver Request filed Feb. 2, 2021, IS DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau ATTACHMENT A Group 1 – 42 Licenses in Top 40 EAs Second Milestone Extension until June 17, 2021 Call Sign Market Code Market Description Channel Block WPQP849 BEA003 Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH-RI-VT B WPQP850 BEA003 Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH-RI-VT C WPQP863 BEA010 New York-North New Jersey-Long Island, NY-NJ-CT-PA-MA-VT B WPQP864 BEA010 New York-North New Jersey-Long Island, NY-NJ-CT-PA-MA-VT C WPQP867 BEA012 Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD B WPQP868 BEA012 Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD C WPQP869 BEA013 Washington-Baltimore, DC-MD-VA-WV-PA B WPQP870 BEA013 Washington-Baltimore, DC-MD-VA-WV-PA C WPQP899 BEA031 Miami-Fort Lauderdale, FL B WPQP900 BEA031 Miami-Fort Lauderdale, FL C WPQP905 BEA034 Tampa-St. Petersburg-Clearwater, FL B WPQP906 BEA034 Tampa-St. Petersburg-Clearwater, FL C WPQP911 BEA040 Atlanta, GA-AL-NC B WPQP912 BEA040 Atlanta, GA-AL-NC C WPQP931 BEA053 Pittsburgh, PA-WV B WPQP932 BEA053 Pittsburgh, PA-WV C WPQP939 BEA057 Detroit-Ann Arbor-Flint, MI B WPQP940 BEA057 Detroit-Ann Arbor-Flint, MI C WPQP947 BEA064 Chicago-Gary-Kenosha, IL-IN-WI B WPQP948 BEA064 Chicago-Gary-Kenosha, IL-IN-WI C WPQP991 BEA096 St. Louis, MO-IL B WPQP992 BEA096 St. Louis, MO-IL C WPQQ214 BEA127 Dallas-Fort Worth, TX-AR-OK B WPQQ215 BEA127 Dallas-Fort Worth, TX-AR-OK C WPQQ218 BEA131 Houston-Galveston-Brazoria, TX B WPQQ219 BEA131 Houston-Galveston-Brazoria, TX C WPQQ224 BEA134 San Antonio, TX B WPQQ225 BEA134 San Antonio, TX C WPQQ226 BEA141 Denver-Boulder-Greeley, CO-KS-NE B WPQQ227 BEA141 Denver-Boulder-Greeley, CO-KS-NE C WPQQ242 BEA158 Phoenix-Mesa, AZ-NM B WPQQ243 BEA158 Phoenix-Mesa, AZ-NM C WPQQ246 BEA160 Los Angeles-Riverside-Orange County, CA-AZ B WPQQ247 BEA160 Los Angeles-Riverside-Orange County, CA-AZ C WPQQ248 BEA161 San Diego, CA B WPQQ249 BEA161 San Diego, CA C WPQQ252 BEA163 San Francisco-Oakland-San Jose, CA B WPQQ253 BEA163 San Francisco-Oakland-San Jose, CA C WPQQ257 BEA167 Portland-Salem, OR-WA B WPQQ258 BEA167 Portland-Salem, OR-WA C WPQQ261 BEA170 Seattle-Tacoma-Bremerton, WA B WPQQ262 BEA170 Seattle-Tacoma-Bremerton, WA C ATTACHMENT B Group 2 – 40 Licenses in 20 EAs Second Milestone Extension until June 17, 2021 Call Sign Market Code Market Description Channel Block WPQP859 BEA008 Buffalo-Niagara Falls, NY-PA B WPQP860 BEA008 Buffalo-Niagara Falls, NY-PA C WPQP877 BEA019 Raleigh-Durham-Chapel Hill, NC B WPQP878 BEA019 Raleigh-Durham-Chapel Hill, NC C WPQP879 BEA020 Norfolk-Virginia Beach-Newport News, VA-NC B WPQP880 BEA020 Norfolk-Virginia Beach-Newport News, VA-NC C WPQP883 BEA023 Charlotte-Gastonia-Rock Hill, NC-SC B WPQP884 BEA023 Charlotte-Gastonia-Rock Hill, NC-SC C WPQP895 BEA029 Jacksonville, FL-GA B WPQP896 BEA029 Jacksonville, FL-GA C WPQP897 BEA030 Orlando, FL B WPQP898 BEA030 Orlando, FL C WPQP925 BEA049 Cincinnati-Hamilton, OH-KY-IN B WPQP926 BEA049 Cincinnati-Hamilton, OH-KY-IN C WPQP929 BEA051 Columbus, OH B WPQP930 BEA051 Columbus, OH C WPQP935 BEA055 Cleveland-Akron, OH-PA B WPQP936 BEA055 Cleveland-Akron, OH-PA C WPQP945 BEA063 Milwaukee-Racine, WI B WPQP946 BEA063 Milwaukee-Racine, WI C WPQP953 BEA067 Indianapolis, IN-IL B WPQP954 BEA067 Indianapolis, IN-IL C WPQP959 BEA070 Louisville, KY-IN B WPQP960 BEA070 Louisville, KY-IN C WPQP961 BEA071 Nashville, TN-KY B WPQP962 BEA071 Nashville, TN-KY C WPQP963 BEA073 Memphis, TN-AR-MS-KY B WPQP964 BEA073 Memphis, TN-AR-MS-KY C WPQP977 BEA083 New Orleans, LA-MS B WPQP978 BEA083 New Orleans, LA-MS C WPQP993 BEA099 Kansas City, MO-KS B WPQP994 BEA099 Kansas City, MO-KS C WPQQ212 BEA125 Oklahoma City, OK B WPQQ213 BEA125 Oklahoma City, OK C WPQQ216 BEA130 Austin-San Marcos, TX B WPQQ217 BEA130 Austin-San Marcos, TX C WPQQ234 BEA152 Salt Lake City-Ogden, UT-ID B WPQQ235 BEA152 Salt Lake City-Ogden, UT-ID C WPQQ236 BEA153 Las Vegas, NV-AZ-UT B WPQQ237 BEA153 Las Vegas, NV-AZ-UT C ATTACHMENT C Group 3 – 144 Licenses in 73 EAs End-of-term Deadline of April 3, 2023 Call Sign Market Code Market Description Channel Block WPQP845 BEA001  Bangor, ME B   WPQP846 BEA001  Bangor, ME C   WPQP847 BEA002  Portland, ME B   WPQP848 BEA002  Portland, ME C   WPQP851 BEA004  Burlington, VT-NY B   WPQP852 BEA004  Burlington, VT-NY C   WPQP853 BEA005  Albany-Schenectady-Troy, NY B   WPQP854 BEA005  Albany-Schenectady-Troy, NY C   WPQP855 BEA006  Syracuse, NY-PA B   WPQP856 BEA006  Syracuse, NY-PA C   WPQP857 BEA007  Rochester, NY-PA B   WPQP858 BEA007  Rochester, NY-PA C   WPQP861 BEA009  State College, PA B   WPQP862 BEA009  State College, PA C   WPQP865 BEA011  Harrisburg-Lebanon-Carlisle, PA B   WPQP866 BEA011  Harrisburg-Lebanon-Carlisle, PA C   WPQP871 BEA015  Richmond-Petersburg, VA B   WPQP872 BEA015  Richmond-Petersburg, VA C   WPQP873 BEA017  Roanoke, VA-NC-WV B   WPQP874 BEA017  Roanoke, VA-NC-WV C   WPQP875 BEA018  Greensboro-Winston-Salem-High Point, NC-VA B   WPQP876 BEA018  Greensboro-Winston-Salem-High Point, NC-VA C   WPQP881 BEA021  Greenville, NC B   WPQP882 BEA021  Greenville, NC C   WPQP885 BEA024  Columbia, SC B   WPQP886 BEA024  Columbia, SC C   WPQP887 BEA025  Wilmington, NC-SC B   WPQP888 BEA025  Wilmington, NC-SC C   WPQP889 BEA026  Charleston-North Charleston, SC B   WPQP890 BEA026  Charleston-North Charleston, SC C   WPQP891 BEA027  Augusta-Aiken, GA-SC B   WPQP892 BEA027  Augusta-Aiken, GA-SC C   WPQP893 BEA028  Savannah, GA-SC B   WPQP894 BEA028  Savannah, GA-SC C   WPQP901 BEA032  Fort Myers-Cape Coral, FL B   WPQP902 BEA032  Fort Myers-Cape Coral, FL C   WPQP903 BEA033  Sarasota-Bradenton, FL  B   WPQP904 BEA033  Sarasota-Bradenton, FL  C   WPQP907 BEA035  Tallahassee, FL-GA B   WPQP908 BEA035  Tallahassee, FL-GA C   WPQP909 BEA038  Macon, GA B   WPQP910 BEA038  Macon, GA C   WPQP913 BEA041  Greenville-Spartanburg-Anderson, SC-NC B   WPQP914 BEA041  Greenville-Spartanburg-Anderson, SC-NC C   WPQP915 BEA043  Chattanooga, TN-GA B   WPQP916 BEA043  Chattanooga, TN-GA C   WPQP917 BEA044  Knoxville, TN B   WPQP918 BEA044  Knoxville, TN C   WPQP919 BEA045  Johnson City-Kingsport-Bristol, TN-VA B   WPQP920 BEA045  Johnson City-Kingsport-Bristol, TN-VA C   WPQP921 BEA047  Lexington, KY-TN-VA-WV B   WPQP922 BEA047  Lexington, KY-TN-VA-WV C   WPQP923 BEA048  Charleston, WV-KY-OH B   WPQP924 BEA048  Charleston, WV-KY-OH C   WPQP927 BEA050  Dayton-Springfield, OH B   WPQP928 BEA050  Dayton-Springfield, OH C   WPQP933 BEA054  Erie, PA B   WPQP934 BEA054  Erie, PA C   WPQP937 BEA056  Toledo, OH B   WPQP938 BEA056  Toledo, OH C   WPQP941 BEA059  Green Bay, WI-MI B   WPQP942 BEA059  Green Bay, WI-MI C   WPQP943 BEA062  Grand Rapids-Muskegon-Holland, MI  B   WPQP944 BEA062  Grand Rapids-Muskegon-Holland, MI  C   WPQP949 BEA065  Elkhart-Goshen, IN-MI B   WPQP950 BEA065  Elkhart-Goshen, IN-MI C   WPQP951 BEA066  Fort Wayne, IN B   WPQP952 BEA066  Fort Wayne, IN C   WPQP955 BEA068  Champaign-Urbana, IL B   WPQP956 BEA068  Champaign-Urbana, IL C   WPQP957 BEA069  Evansville-Henderson, IN-KY-IL B   WPQP958 BEA069  Evansville-Henderson, IN-KY-IL C   WPQP965 BEA074  Huntsville, AL-TN B   WPQP966 BEA074  Huntsville, AL-TN C   WPQP967 BEA075  Tupelo, MS-AL-TN B   WPQP968 BEA075  Tupelo, MS-AL-TN C   WPQP969 BEA077  Jackson, MS-AL-LA B   WPQP970 BEA077  Jackson, MS-AL-LA C   WPQP971 BEA078  Birmingham, AL B   WPQP972 BEA078  Birmingham, AL C   WPQP973 BEA080  Mobile, AL B   WPQP974 BEA080  Mobile, AL C   WPQP975 BEA081  Pensacola, FL  B   WPQP976 BEA081  Pensacola, FL  C   WPQP979 BEA084  Baton Rouge, LA-MS B   WPQP980 BEA084  Baton Rouge, LA-MS C   WPQP981 BEA085  Lafayette, LA B   WPQP982 BEA085  Lafayette, LA C   WPQP983 BEA086  Lake Charles, LA B   WPQP984 BEA086  Lake Charles, LA C   WPQP985 BEA088  Shreveport-Bossier City, LA-AR B   WPQP986 BEA088  Shreveport-Bossier City, LA-AR C   WPQP987 BEA090  Little Rock-North Little Rock, AR B   WPQP988 BEA090  Little Rock-North Little Rock, AR C   WPQP989 BEA094  Springfield, MO B   WPQP990 BEA094  Springfield, MO C   WPQP995 BEA100  Des Moines, IA-IL-MO B   WPQP996 BEA100  Des Moines, IA-IL-MO C   WPQP997 BEA101  Peoria-Pekin, IL B   WPQP998 BEA101  Peoria-Pekin, IL C   WPQP999 BEA102  Davenport-Moline-Rock Island, IA-IL B   WPQQ200 BEA102  Davenport-Moline-Rock Island, IA-IL C   WPQQ201 BEA104  Madison, WI-IA-IL B   WPQQ202 BEA104  Madison, WI-IA-IL C   WPQQ204 BEA116  Sioux Falls, SD-IA-MN-NE B   WPQQ205 BEA116  Sioux Falls, SD-IA-MN-NE C   WPQQ206 BEA118  Omaha, NE-IA-MO B   WPQQ207 BEA118  Omaha, NE-IA-MO C   WPQQ208 BEA122  Wichita, KS-OK B   WPQQ209 BEA122  Wichita, KS-OK C   WPQQ210 BEA124  Tulsa, OK-KS B   WPQQ211 BEA124  Tulsa, OK-KS C   WPQQ220 BEA132  Corpus Christi, TX B   WPQQ221 BEA132  Corpus Christi, TX C   WPQQ222 BEA133  McAllen-Edinburg-Mission, TX B   WPQQ223 BEA133  McAllen-Edinburg-Mission, TX C   WPQQ228 BEA147  Spokane, WA-ID B   WPQQ229 BEA147  Spokane, WA-ID C   WPQQ230 BEA150  Boise City, ID-OR B   WPQQ231 BEA150  Boise City, ID-OR C   WPQQ232 BEA151  Reno, NV-CA B   WPQQ233 BEA151  Reno, NV-CA C   WPQQ238 BEA156  Albuquerque, NM-AZ B   WPQQ239 BEA156  Albuquerque, NM-AZ C   WPQQ240 BEA157  El Paso, TX-NM B   WPQQ241 BEA157  El Paso, TX-NM C   WPQQ244 BEA159  Tucson, AZ B   WPQQ245 BEA159  Tucson, AZ C   WPQQ250 BEA162  Fresno, CA B   WPQQ251 BEA162  Fresno, CA C   WPQQ255 BEA166  Eugene-Springfield, OR-CA B   WPQQ256 BEA166  Eugene-Springfield, OR-CA C   WPQQ259 BEA169  Richland-Kennewick-Pasco, WA B   WPQQ260 BEA169  Richland-Kennewick-Pasco, WA C   WPQQ263 BEA171  Anchorage, AK B   WPQQ264 BEA171  Anchorage, AK C   WPQQ265 BEA172  Honolulu, HI B   WPQQ266 BEA172  Honolulu, HI C   WPQQ267 BEA173  Guam and Northern Mariana Islands B   WPQQ268 BEA173  Guam and Northern Mariana Islands C   WPQQ269 BEA174  Puerto Rico and the U.S. Virgin Islands B   WPQQ270 BEA174  Puerto Rico and the U.S. Virgin Islands C   WPQQ271 BEA176  Gulf of Mexico B   WPQQ272 BEA176  Gulf of Mexico C   ATTACHMENT D 42 Licenses in 21 EAs Duplicative Construction Filings File Number Call Sign Market Code Market Description Channel Block 0009048443   WPQP849   BEA003  Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH-RI-VT B   0009048444   WPQP850   BEA003  Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH-RI-VT C   0009048447   WPQP863   BEA010  New York-North New Jersey-Long Island, NY-NJ-CT-PA-MA-VT B   0009048448   WPQP864   BEA010  New York-North New Jersey-Long Island, NY-NJ-CT-PA-MA-VT C   0009048428   WPQP867   BEA012  Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD B   0009048429   WPQP868   BEA012  Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD C   0009048452   WPQP869   BEA013  Washington-Baltimore, DC-MD-VA-WV-PA  B   0009048453   WPQP870   BEA013  Washington-Baltimore, DC-MD-VA-WV-PA  C   0009048456   WPQP899   BEA031  Miami-Fort Lauderdale, FL B   0009048457   WPQP900   BEA031  Miami-Fort Lauderdale, FL C   0009048461   WPQP905   BEA034  Tampa-St. Petersburg-Clearwater, FL B   0009048462   WPQP906   BEA034  Tampa-St. Petersburg-Clearwater, FL C   0009048468   WPQP911   BEA040  Atlanta, GA-AL-NC B   0009048469   WPQP912   BEA040  Atlanta, GA-AL-NC C   0009048473   WPQP931   BEA053  Pittsburgh, PA-WV B   0009048474   WPQP932   BEA053  Pittsburgh, PA-WV C   0009048480   WPQP939   BEA057  Detroit-Ann Arbor-Flint, MI B   0009048481   WPQP940   BEA057  Detroit-Ann Arbor-Flint, MI C   0009048484   WPQP947   BEA064  Chicago-Gary-Kenosha, IL-IN-WI B   0009048485   WPQP948   BEA064  Chicago-Gary-Kenosha, IL-IN-WI C   0009048488   WPQP991   BEA096  St. Louis, MO-IL B   0009048489   WPQP992   BEA096  St. Louis, MO-IL C   0009048493   WPQQ214   BEA127  Dallas-Fort Worth, TX-AR-OK B   0009048494   WPQQ215   BEA127  Dallas-Fort Worth, TX-AR-OK C   0009048497   WPQQ218   BEA131  Houston-Galveston-Brazoria, TX B   0009048498   WPQQ219   BEA131  Houston-Galveston-Brazoria, TX C   0009048502   WPQQ224   BEA134  San Antonio, TX B   0009048503   WPQQ225   BEA134  San Antonio, TX C   0009048505   WPQQ226   BEA141  Denver-Boulder-Greeley, CO-KS-NE B   0009048506   WPQQ227   BEA141  Denver-Boulder-Greeley, CO-KS-NE C   0009048510   WPQQ242   BEA158  Phoenix-Mesa, AZ-NM B   0009048511   WPQQ243   BEA158  Phoenix-Mesa, AZ-NM C   0009048516   WPQQ246   BEA160  Los Angeles-Riverside-Orange County, CA-AZ  B   0009048517   WPQQ247   BEA160  Los Angeles-Riverside-Orange County, CA-AZ  C   0009048522   WPQQ248   BEA161  San Diego, CA B   0009048523   WPQQ249   BEA161  San Diego, CA C   0009048526   WPQQ252   BEA163  San Francisco-Oakland-San Jose, CA B   0009048527   WPQQ253   BEA163  San Francisco-Oakland-San Jose, CA C   0009048533   WPQQ257   BEA167  Portland-Salem, OR-WA B   0009048534   WPQQ258   BEA167  Portland-Salem, OR-WA C   0009048538   WPQQ261   BEA170  Seattle-Tacoma-Bremerton, WA B   0009048539   WPQQ262   BEA170  Seattle-Tacoma-Bremerton, WA C   2