Federal Communications Commission DA 26-930 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Applications of Susan L. Uecker for Renewal of Licenses in the AMTS, 220 MHz, and MAS Services ) ) ) ) ) ORDER Adopted: September 1, 2026 Released: September 1, 2026 By the Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this Order, we grant waivers to allow the court-ordered receivership of Susan L. Uecker (Receiver or Applicant), on behalf of several entities formerly controlled by the late Warren Havens, to renew various licenses that ultimately will be assigned to Locke Wireless LLC. Specifically, these actions relate to: nine Automated Maritime Telecommunications System (AMTS) stations Call Signs WQCP808 (AMT005 – Great Lakes), WQCP810 (AMT001 – Northern Atlantic), WQCP811 (AMT002 – Mid-Atlantic), WQCP812 (AMT003 – Southern Atlantic), WQCP813 (AMT009 – Alaska), WQCP814 (AMT010 – Mountain), WQCP815 (AMT004 – Mississippi River), WQCP816 (AMT006 – Southern Pacific), and WQCP817 (AMT007 – Northern Pacific). (hereafter, “the AMTS Licenses”) initially held by Verde Systems LLC (Verde) and Environmentel LLC (Environmentel); See ULS File Nos. 0011534846, 0011534854, 0011534865, 0011534873, 0011534903, 0011534905, 0011534915, 0011534918, and 0011534920. The Receiver has also filed several lease extension applications on behalf of lessors, Verde and Environmentel, for all of the AMTS Licenses except for WQCP813, to lessee Choctaw Holdings, LLC, for one year following renewal of the subject AMTS Licenses. See ULS File Nos. 0011541126 (WQCP808, WQCP815, WQCP816, and WQCP817) and 0011541047 (WQCP810, WQCP811, WQCP812, and WQCP814). The Receiver has also filed lease applications on behalf of lessor, Environmentel, to lessee, the National Railroad Passenger Corporation (Amtrak), for the full ten-year term of the subject AMTS Licenses post renewal. See ULS File No. 0011537976 (WQCP810 and WQCP811). These applications are pending in ULS and will be resolved following the adoption of this Order. a 220 MHz License Call Sign WQIM619 (BEA017 – Roanoke, VA-NC-WV). initially held by Environmentel; See ULS File No. 0008139081. We also grant retroactive lease extension applications on behalf of Environmentel for its 220 MHz License to lessee, Southside Electric Cooperative (SEC). See Notice of Lease Extension and Request for Waiver of § 1.9020(h), by Susan L. Uecker, ULS File no. 0008888568 (filed Nov. 20, 2019) (“Section 1.9020(h) Waiver Request”) and Notice of Lease Extension and Request for Waiver of § 1.9020(m), by Susan L. Uecker, ULS File no. 0008888644 (filed Nov. 20, 2019, amended May 28, 2026) (“Section 1.9020(m) Waiver Request”). We also grant Environmentel’s related construction notice. See ULS File No. 0008154916 and 352 Multiple Address System (MAS) licenses initially held by Intelligent Transportation & Monitoring Wireless LLC (ITMW). See Appendix A attached hereto. We grant this relief based on the unique set of circumstances present here, subject to the conditions described below, to resolve long running bankruptcy and other litigation, as well as to facilitate deployment on underutilized narrowband spectrum. II. BACKGROUND 2. Description of the Applicants. Verde Systems LLC, Environmentel LLC, and Intelligent Transportation & Monitoring Wireless LLC are FCC Licensees subject to an estate placed under the court-ordered receivership of Susan L. Uecker. See Arnold Leong v. Warren Havens, et al., Case No. 2002-070640, Order Appointing Receiver After Hearing and Preliminary Injunction (Nov. 16, 2015), aff’d, Case No. A147027, 2017 WL 3633282 (Cal. Ct. App. Aug. 23, 2017) (Receivership Order). After the California Court of Appeal affirmed the Court’s order appointing the Receiver to take control of these entities, and the Supreme Court of California denied review, the Court’s decision that the Receiver should control the entities became final. See Leong v. Havens, Case Nos. A149113 et al., 2019 WL 5557524, at *2 (Cal. Ct. Ap. Oct. 23, 2019). The estate consists of several entities formerly controlled by the late Warren Havens. See Assignment Application at 1. Over time, various Havens-controlled entities – including Verde Environmentel, and ITMW – acquired numerous FCC licenses across multiple services. A former partner of Havens, Dr. Arnold Leong, sued Havens in the Superior Court of Alameda County, California (“the Alameda Court”) regarding their respective ownership interests in these various entities and the conduct of the partnership between Havens and Leong. On November 16, 2015, the Alameda Court entered an order appointing Susan L. Uecker as Receiver to take control of all of Havens’s FCC license-holding entities, including Verde, Environmentel, and ITMW. See id. Under the Receivership Order, the Receiver must continue to maintain and administer the licenses in the estate subject to construction and renewal deadlines. See generally Receivership Order at 4. 3. Procedural History of the Receivership. In early 2016, pursuant to the Receivership Order, the Commission accepted applications filed by the Receiver for the involuntary transfer of control to her of the FCC licenses of several entities formerly controlled by Warren Havens, including Verde, Environmentel, and ITMW, and no timely petition for reconsideration was filed. See ULS File Nos. 0007060862, 0007060898, 0007061808, 0007061828, 0007061847, 0007061898 (all filed Dec. 17, 2015). Because no petition for reconsideration was filed within the statutorily mandated 30-day period beginning with public notice of the acceptance of the applications, the Commission’s action is administratively final. See 47 U.S.C. § 405. Havens, however, filed numerous pleadings collaterally attacking the acceptance of the applications. A non-exhaustive list of the pleadings is available at https://wireless2.fcc.gov/UlsApp/ApplicationSearch/applAdminPleadings.jsp?applID=9367669. As a consequence, all of the licenses that were issued to Verde, Environmentel, and ITMW, and other entities formerly controlled by Havens are now under the exclusive control of the Receiver. Further details about this litigation and the appointment of the Receiver are available in the Wireless Telecommunications Bureau’s (Bureau) decision rejecting Havens’s various petitions challenging Leong’s qualifications to hold Commission licenses and the appointment of the Receiver. See Skybridge Spectrum Foundation, Telesaurus Holdings GB LLC, Verde Systems LLC, Environmentel LLC, Environmentel-2 LLC, Intelligent Transportation & Monitoring Wireless LLC, V2G LLC, EB Docket No. 11-71, Memorandum Opinion and Order, 37 FCC Rcd 4731 (WTB 2022) (Bureau Order). The Bureau Order also granted Leong’s declaratory ruling to remove any uncertainty about the Receiver’s ability to effectuate assignment of the licenses to third parties in order to distribute the proceeds in accordance with the court’s judgment. See id. Pursuant to the Court’s judgment, these proceeds are to be distributed between Leong and Havens. We have previously ordered that any proceeds intended for Havens be placed into escrow pending the resolution of the Commission’s assessment of Havens’s character qualifications to be a licensee. See id. at para. 34. 4. Following an arbitration proceeding between Mr. Havens and Dr. Leong, the arbitration award in favor of Dr. Leong, and a subsequent settlement between Dr. Leong, Mr. Havens’ Estate, and Janet Gayle Havens, on July 3, 2025, the Alameda Court issued an order approving the settlement and directing the Receiver to assign the Licenses to Assignee (“Settlement Order”). See Stipulation and Order to Implement Settlement, Case No. 2002-070640, July 3, 2025. Mr. Havens died intestate on June 28, 2024. Janet Gayle Havens is Mr. Havens’ sister and sole surviving heir. Specifically, the Settlement Order compels the Receiver to “apply to the FCC for approval of transfer of all FCC licenses held by the LLC Entities in Receivership to Leong’s designee Locke Wireless LLC….” Id. The Assignment Applications will implement the Receivership Order and will facilitate the conclusion of the receivership after over 10 years of Alameda Court supervision but cannot occur until after the licenses have been renewed. 5. 220 MHz License WQIM619. On March 19, 2018, the Receiver timely filed a renewal application on behalf of Environmentel, claiming that Environmentel demonstrated substantial service at renewal under section 90.743(a) for WQIM619 (BEA017 – Roanoke, VA-NC-WV). See ULS File No. 0008139081. Section 90.473(a) has since been repealed. This license was also subject to a final buildout requirement, the deadline for which was also March 19, 2018. Accordingly, on March 30, 2018, the Receiver filed a timely notice of construction claiming that Environmentel fulfilled the two-thirds buildout requirement through a lease to Southside Electrical Cooperative. See ULS File No. 0008154916. However, Environmentel had already allowed the lease with SEC to expire on September 15, 2014, prior to filing the renewal application. SEC has utilized (and continues to utilize) the 220 MHz License to construct and operate a private, internal network for fixed telemetry and Supervisory Control and Data Acquisition (“SCADA”) since 2013, though not authorized to do so after expiration of the lease in 2014. At the time of the second buildout requirement in 2018, the Receiver failed to demonstrate operations over two-thirds of the geographic area of the license, due in large part to the fact that the lease upon which it relied was no longer active. The Receiver explained that during this period, she was unable to determine the status of the contractual agreement between Environmentel and SEC. See Notice of Lease Extension and Request for Waiver of § 1.9020(h), by Susan L. Uecker, ULS File no. 0008888568 at 1 (filed Nov. 20, 2019). 6. After consulting with the Alameda Court and SEC, the Receiver elected to seek retroactive lease extensions of the lease. On November 20, 2019, the Receiver filed a Lease extension with a waiver of § 1.9020(h) 47 CFR § 1.9020(h) (expiration, extension, or termination of a spectrum leasing arrangement). seeking a retroactive extension of the lease from September 16, 2014 through the end of the license term on March 19, 2018. See Section 1.9020(h) Waiver Request. This application and waiver request is pending and must be resolved before we can renew WQIM619. The Receiver maintains that at the time of the second buildout filing, SEC was providing coverage to 64.8% of the population, just shy of the two-thirds coverage requirement. See Substantial Service Showing by Environmentel LLC, ULS File No. 0008139081 at 3 (filed Mar. 19, 2018). She argues that it would not be in the public interest to cancel the 220 MHz License in light of this level of service which is being provided in support of critical infrastructure that directly impacts public safety. See id. at 4-5. Currently, our records indicate that SEC is providing service to 61.27% of the population in the geographic area of the license. 7. On November 20, 2019, the Receiver filed a second lease extension with a request for a waiver of section 1.9020(m) 47 CFR § 1.9020(m) (“The Commission must be notified of the renewal of the spectrum manager leasing arrangement at the same time that the licensee submits its application for license renewal…”). seeking a retroactive renewal of the lease from March 20, 2018, through March 19, 2023, See Section 1.9020(m) Waiver Request. and amended the application on May 28, 2026, to extend the lease period until the end of the license term upon renewal (i.e., March 20, 2018 through March 19, 2028). See id. (Form 608, amended May 28, 2026). This application and waiver request remains pending and is contingent upon the renewal of WQIM619. 8. AMTS (Automated Maritime Telecommunications System) Public Coast Licenses. On April 21, 2025, a few days ahead of the April 25, 2025 expiration of the licenses, the Receiver filed timely applications to renew eleven AMTS Licenses, including the nine licenses that are the subject of this Order. Two of the renewal applications (for AMTS stations WQNZ336 and WQJV762) satisfied the requirements for renewal under 47 CFR § 1.949(e)(2) and were granted on July 10, 2025 and July 11, 2025 respectively. See ULS File Nos. 0011534897 and 0011534922. The Receiver initially sought to renew the licenses pursuant to the streamlined “safe harbor” application process afforded partitioned or disaggregated licenses without a performance requirement, for the first renewal application filed after October 1, 2020. See FCC, Application for Radio Service Authorization, Main Form 601, at 5-6, (Apr. 2025), https://www.fcc.gov/sites/default/files/fcc-form-601.pdf. However, Commission staff advised counsel for the Receiver that nine of the eleven AMTS licenses in question were not eligible for the safe harbor, but rather would be required to make a detailed renewal showing under section 1.949(f). 47 CFR § 1.949(f). Accordingly, on August 27, 2025, the Receiver submitted amended renewal applications for all nine licenses, withdrew her safe harbor claim for the nine licenses, and presented her executed leases, as well as her ongoing efforts to lease the licenses under her supervision, as sufficient evidence of performance over the license term to warrant renewal. See, e.g.,  Letter from Brian D. Weimer, Counsel for Susan L. Ueker, Court-Appointed Receiver for Verde Systems LLC, to Marlene Dortch, Secretary, Federal Communications Commission (ULS File No. 001153486) (Filed Aug. 27, 2025) (“Amended Application Exhibit”). 9. As evidence of substantial service, the Receiver provided service showings based on spectrum manager lease arrangements with Choctaw Holding, LLC and the National Railroad Passenger Corporation (Amtrak). The Choctaw leases are new lease agreements which commenced about a month before the expiration of the licenses. Each of the eight Choctaw leases (L000060844, associated with AMTS license WQCP808; L000060845 (WQCP815); L000060846 (WQCP816); L000060847 (WQCP817); L000060851 (WQCP810); L000060852 (WQCP811); L000060853 (WQCP812); and L000060854 (WQCP814)) commenced on either March 19 or March 20, 2025, just a little over a month before the expiration of the licenses on April 26, 2025. Pursuant to the lease arrangement, Choctaw uses the leased spectrum to support “critical operations across oil [and] gas, utilities, and transportation.” Choctaw Telecommunications, https://choctawtelecom.com/. See also Assignment Application at 3 (referencing, e.g., L000014987; L00006085[1]). The original Amtrak leases associated with AMTS license WQCP810 (L000014987-988 and L000015275) and AMTS license WQCP811 (L000014989-990) had been in place for some time, commencing in March 2015, and were extended on May 6, 2015 following the renewal of these licenses that same year. Pursuant to the lease arrangement, Amtrak uses the leased spectrum for Positive Train Control. No leases have been entered into under AMTS license WQCP813. The Receiver has submitted timely lease extension requests for all of her active AMTS lease agreements. As stated in footnote 2, supra, these applications are pending in ULS and will be resolved following the adoption of this Order. 10. MAS Licenses. The MAS licenses at issue here originally were assigned to ITMW, which won 352 MAS licenses in Auction 59 in May 2005. Under section 101.1325(b) of the Commission’s rules, 47 CFR § 101.1325(b). ITMW had until March 29, 2011, or five years after its licenses were granted, to provide service to at least one-fifth of the population within each service area or to demonstrate “substantial service.” On March 29, 2011, ITMW filed applications seeking an extension of time to construct the licenses and applications seeking to disaggregate the 352 licenses into 704 licenses and assign 352 of them to Skybridge Spectrum Foundation (“Skybridge”), another entity controlled by Havens. Under the assignment applications, Skybridge agreed to assume the performance obligations for the entire Economic Area in which the individual licenses are located, as permitted by then-existing section 101.1323(c) of the Commission’s rules. 47 CFR § 101.1323(c) (2011). The Bureau granted the applications for extensions of time to construct the licenses and the applications to disaggregate the 352 licenses. See Wireless Telecommunications Bureau Assignment of License Authorizations, Transfer of Control of Licensee Applications, De Facto Transfer Lease Applications and Spectrum Manager Lease Notifications, Designated Entity Eligibility Event Applications, and Designated Entity Annual Reports Action, Public Notice, Report No. 10431 (Apr. 15, 2015) at 2; File Nos. 0004668905-0004669256 (granted Sep. 8, 2014). Thus, ITMW had no performance requirements attached to its 352 disaggregated licenses whereas Skybridge had to meet the performance requirements applicable to the entire Economic Area in which its licenses are located. 11. On March 29, 2016, Skybridge filed two sets of applications with respect to its MAS licenses – applications for a 12-month extension of time to demonstrate substantial service, and separate applications to renew the licenses. On March 14, 2018, the Bureau’s Broadband Division denied Skybridge’s extension requests, dismissed the renewal applications, and declared the 352 Skybridge licenses terminated. Skybridge Spectrum Foundation, Memorandum Opinion and Order, 33 FCC Rcd 8157 (WTB BD 2018), recon. denied Letter from John J. Schauble, Deputy Chief, Broadband Division, Wireless Telecommunications Bureau to Brian D. Weimer, Esq. (Oct. 19, 2023). Because the ITMW licenses did not have any construction requirements associated with them, those licenses were renewed. 12. ITMW filed timely renewal applications on March 25, 2026. See Appendix It answered “No” to the question as to whether it was currently providing service. Renewal Applications, Response to Question 57. III. DISCUSSION A. Legal Standard 13. We may grant applications to renew licenses notwithstanding licensee failure to meet applicable performance requirements if we find that doing so serves the public interest. See 47 U.S.C. § 309(a). For wireless radio services, including the AMTS and MAS licenses at issue here, applications must satisfy the renewal requirements set forth in section 1.949. For the March 2018 renewal application for 220 MHz License WQIM619, the Receiver must satisfy the renewal requirements set forth in former section 90.743. We note that the applicable renewal provisions in § 1.949 did not come into effect until September 28, 2020, and while each of the Receiver’s renewal applications for her AMTS licenses were submitted on April 25, 2025 under the current renewal framework, the application to renew the 220 MHz License, WQIM619, was submitted on March 19, 2018, before the new rules came into effect. The renewal requirement applicable to 220 MHz geographic area licenses at that time was former section 90.743(a). Accordingly, we address waiver of the performance requirements at renewal under this previously applicable rule. See footnote 11, supra. The Commission may treat non-performance as grounds for denial or automatic termination under section 1.955 47 CFR § 1.955. unless appropriate waiver relief is warranted. These requirements may be waived if (1) the underlying purpose of the rule would not be served or would be frustrated by application in the particular case, and a grant would be in the public interest, or (2) unique or unusual factual circumstance render strict compliance inequitable, unduly burdensome, or contrary to the public interest, and the applicant has no reasonable alternative. 47 CFR § 1.925(b)(3). These rules may also be waived by the Commission on its own motion if good cause is shown. See 47 CFR § 1.3. 14. Renewal. An applicant for renewal of an authorization of a covered site-based license or a covered geographic license must demonstrate that over the course of the license term, the licensee(s) provided and continue to provide service to the public, or operated and continue to operate the license to meet the licensee(s)’ private, internal communications needs. 47 CFR § 1.949(d). With respect to the application to renew 220 MHz License WQIM619, submitted on March 19, 2018, the applicable renewal performance requirement was set forth in former section 90.743(a). See footnote 11, supra. Accordingly, the Receiver did not have a renewal “safe harbor” option under the prior rule. If an applicant for renewal cannot meet the renewal standard in 47 CFR § 1.949(d) by satisfying the requirements of one of the safe harbors in section 1.949(e), it must make a renewal showing, independent of its performance requirements, as a condition of renewal. The renewal showing must specifically address the renewal standard by including a detailed description of the applicant's provision of service (or, when allowed under the relevant service rules or pursuant to waiver, use of the spectrum for private, internal communication) during the entire license period. 47 CFR § 1.949(f). 15. Wireless Radio Service Report and Order. In 2017, the Commission implemented a unified framework for the Wireless Radio Services which harmonized its regulatory approach to rules regarding, among other things, renewal, continuity of service, partitioning and disaggregation performance. Wireless Radio Services Reform, Second Report and Order, WT Docket No. 10-112, FCC 17-105, 32 FCC Rcd 8874, 8875 para. 1 (2017) (WRS R&O). Recognizing that some licensees had not previously been subject to a renewal standard, the Commission provided a grace period for these entities to come into compliance, stating, “[w]e seek to provide sufficient time to geographic-area licensees that have yet to be subject to the renewal standard so that they can comply with the new standard (indeed, some licensees are not yet required to even demonstrate service over the license term).” Id, 32 FCC Rcd at 8875, para. 1. The Commission “determine[d] that the renewal standard and the renewal framework [would] take effect for such licensees on January 1, 2023, replacing the existing service-specific renewal rules, giving licensees at least five years to comply with our new renewal rules (giving all licensees sufficient time to show service over the license term, starting from the effective date of our new renewal rules).” Id. at 8890, para. 37. The specific rule sections of 49 CFR § 1.949 involving information collection requirements became effective on September 28, 2020. See Uniform License Renewal, Discontinuance of Operation, and Geographic Partitioning and Spectrum Disaggregation Rules and Policies for certain Wireless Radio Services; Rules to Facilitate the Use of Vehicular Repeater Unites, 85 Fed. Reg. 60,719 (Sep. 28, 2020) (codified at 47 CFR § 1.949). Accordingly, at a minimum, absent the grant of waivers, the Receiver would be required to show performance over the license term for each of the AMTS licenses at issue, dating back to September 28, 2020 (the effective date of the new renewal rules), in order to warrant renewal. For the MAS licenses, which do not have a performance requirement associated with them, the rules contemplate certifications that (1) the licensee continues to use its facilities to provide service or to further the applicant's private business or public interest/public safety needs and (2) that there has been no permanent discontinuance of operation. 47 CFR § 1.949(e)(4). For the 220 MHz License WQIM619, the Receiver would have been required to show “substantial service” over the license term ending in March 2018, pursuant to former section 90.763(b). 47 CFR § 90.763(b) (repealed Jan. 1, 2023); see also WRS R&O, 32 FCC Rcd at 8890, para. 37. 16. Substantial Service. “Substantial service” is defined as “service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.” 47 CFR § 80.49(a)(3). The Commission’s rules state that a “licensee may attribute to itself the build-out or performance activities of its spectrum lessee(s) for purposes of complying with any applicable build-out or performance requirement.” 47 CFR § 1.9030(d)(5)(i). Section 90.259 of the Commission’s rules permits low-power telemetry operations on AMTS spectrum on a secondary basis. B. Relief is Warranted on this Record. 17. Waiver Relief. We grant waivers to allow the processing of the renewal applications for the AMTS and MAS licenses and the 220 MHz license at issue here, subject to the conditions described below, based on our grant of limited waivers on our own motion and our finding that a grant in this case serves the public interest, convenience and necessity under Section 309(a) of the Communications Act of 1934, as amended. 47 U.S.C. § 309(a). The record demonstrates the existence of unique circumstances justifying the grant of these waivers, including the Receiver’s diligent, good faith efforts to comply with the Commission’s rules and her ongoing efforts to restore these licenses to active use after years of disruptive litigation followed by a protracted bankruptcy proceeding. Moreover, grant of these waivers will permit rather than thwart the continuation of critical lease operations as well as enable the Receiver to assign the AMTS and MAS licenses to Locke Wireless LLC, which will in turn endeavor to deploy the spectrum expeditiously. See Description of Transaction and Public Interest Statement, ULS File No. 0011686383, at 3 (filed Aug. 18, 2025) (Assignment Application). We emphasize that our decision to grant relief is based on the totality of the unique circumstances present here, including the extensive history and litigation involving these licenses, as well as the nature of the licenses in question. 18. Specifically, with respect to the AMTS and MAS licenses, and subject to the conditions set forth herein, we waive on our own motion the renewal performance requirements specified under section 1.949 of the Commission’s rules so that the subject licenses can be renewed and used to provide service. 47 CFR § 1.949. Similarly, with respect to the 220 MHz license (WQIM619), we waive, on our own motion, the applicable part 90 construction requirements, See 47 CFR § 90.767. including the substantial performance requirements at renewal to authorize the license for a new ten-year term in former section 90.743(a). 47 CFR § 90.743(a) (repealed Jan. 1, 2023) (Former section 90.743(a) read in pertinent part, that licenses requesting a renewal expectancy, must demonstrate in their application that “they have provided substantial service during their past license term. ‘Substantial’ service is defined in this rule as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal,[…]”). We note here that at the time the Receiver submitted her renewal application for 220 MHz License WQIM619 on March 19, 2018, the new renewal rules codified at 1.949 were not yet in effect. The Commission regularly applies superseded or eliminated rules where the licensee’s obligations attached before the subsequent rule changes. See Pay Tel. Reclassification & Comp. Provisions of Telecommunications Act of 1996, 16 FCC Rcd. 8098, 8106 n. 46 (2001) (“In addressing violations of these regulations, we will continue to apply the regulations in effect at the time that the violation accrues.”); Bell-Delaware, Inc. v. MCI Telecommunications Corp., 17 FCC Rcd 15918, 15919 (2002) (Commission declined to apply revised payphone per-call compensation rules, but rather applied prior rules that were in effect at the time that the events at issue transpired). For the 220 MHz license (WQIM619), we also grant the Receiver’s request to waive sections 1.9020(h) 47 CFR § 1.9020(h); see Section 1.9020(h) Waiver Request at 1. and (m) 47 CFR §§ 1.9020(m); see Section 1.9020(m) Waiver Request at 1. in order to retroactively extend the term of Environmentel’s lease with Southside Electric Cooperative. Environmentel’s substantial service showing for renewal relies on SEC’s lease activities. However, the initial lease expired on September 15, 2014, and therefore, we grant the Receiver’s retroactive lease extensions to enable her to rely on SEC’s continued operations to satisfy the renewal performance requirement. Additionally, to the extent necessary, we waive applicable sections of 1.903 (to address the time periods in which SEC was operating without lease authority) and 1.955(a) (to address automatic termination due to expiration of the lease in 2014). 47 CFR § 1.903; 47 CFR § 1.955 (a). 19. Furthermore, to enable the Receiver, or any party assigned the AMTS or MAS licenses, sufficient time to commence operations fully or to lease the spectrum consistent with the conditions set forth herein, we waive on our own motion section 1.953(b) of the Commission’s rules prohibiting the permanent discontinuance of geographic area licenses See 47 CFR § 1.953(b). for three years after the date of this Order. 20. Lease extensions. We find good cause to grant the Receiver’s lease extension request and waive section 1.9020(h) and (m) of our rules. With respect to 220 MHz License WQIM619, we must first address the status of the lease upon which the Receiver relies for her substantial service showing before we can resolve the application to renew this license. As stated above, the Receiver sought to cure this issue on November 20, 2019, by seeking a waiver of section 1.9020(h) in order to retroactively extend the lease from September 16, 2014, through the end of the license term on March 19, 2018. See ULS File no. 0008888568. We find that granting this lease extension is in the public interest. The extension request is part of the Receiver’s efforts to cure defects in the administration of the licenses within her purview. Additionally, as stated in the waiver application, the lessee uses the license to enable fixed telemetry and Supervisory Control and Data Acquisition (SCADA) services, which support its “distribution of critical electric utility services to rural and sparsely populated areas in central and south Virginia.” Id. at 2. We agree with the Receiver that strict application of section 1.9020(h) in this instance would not serve the underlying purpose of the Commission’s spectrum leasing rules – to enhance economic opportunities and enable innovative communication services in rural areas, and to “facilitate[ ] the movement of spectrum toward new, higher valued uses.” Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, WT Docket No. 00-230, 19 FCC Rcd 17503, paras. 3, 111 (2004). Accordingly, we waive section 1.9020(h) and grant the Receivers request to extend the term of the spectrum manager lease for 220 MHz License WQIM619 between Environmentel and Southside Electric Cooperative from September 16, 2014, through the end of the previous license term on March 19, 2018. On this record and for these same reasons, we also grant Receiver’s supplemental request to waive section 1.9020(m) See Section 1.9020(m) Waiver Request. in order to retroactively extend the same lease for the full license term, as renewed by this Order – commencing on March 20, 2018, and expiring on March 19, 2028. 21. Renewal requirements. We also find good cause to waive our performance requirements at renewal for the Receiver’s AMTS, 220 MHz, and MAS licenses. Although the Receiver may attribute to herself the activities of her spectrum lessees in order to satisfy her performance requirements at renewal, See 47 CFR § 1.9020(d)(5). the extent of the lease activities in this case do not demonstrate service over the license term for any of the AMTS or MAS licenses in her possession. Furthermore, the Receiver did not seek a waiver of the performance or use requirements in section 1.949 47 CFR § 1.949(d), (e)(4). or the Commission’s strictures against permanent discontinuance contained in section 1.953. 47 CFR § 1.953(b). Nor did the Receiver adequately demonstrate substantial service during the previous license term pursuant to former section 90.743(a) for her 220 MHz License WQIM619, due in large part to her reliance on an expired lease agreement (an issue now resolved by this Order). See para. 17, supra. Nevertheless, the record in this case supports a waiver of the performance requirements at renewal for each of these licenses. In particular, we agree with the Receiver that population coverage of its 220 MHz license (WQIM619), which at 61.27% is just shy of the two-thirds coverage requirement for the spectrum band, is sufficient to satisfy her performance requirement at renewal now that we have extended the term of the initial lease to SEC until the end of the license term ending on March 19, 2018. Accordingly, pursuant to the reinstatement of the lease to SEC, we will accept the Receiver’s final construction notification (ULS File No. 008154916). 22. We find that special circumstances exist in this case, particularly in light of efforts to resolve longstanding litigation. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), aff’d, 459 F.2d 1203 (1973), cert. denied, 409 U.S. 1027 (1972)). First, the Receiver has acted diligently to bring these licenses into compliance with FCC rules after years of litigation between Warren Havens and Arnold Leong, both now deceased.  Renewing these licenses will serve the public interest by enabling the settlement of the Havens’ Estate, placing the licenses under the control of Dr. Leong’s family as directed by the Alameda Court, and bringing the receivership to a close. See Assignment Application at 3. In LaRose v. FCC, for example, the D.C. Court of Appeals noted the public interest in harmonizing the Commission’s findings with the interest in accommodating the constraints and duties imposed on a receiver in a bankruptcy proceeding. See LaRose v. FCC, 494 F.2d 1145, 1149, 161 U.S.App.D.C. 226, 230 (D.C. Cir. 1974). Spectrum that has long been underutilized can now be deployed.  Once assigned, the Leong family intends to deploy the licenses for internal or commercial services to companies that will use them for “critical information communications, industrial applications and other purposes.” See id.  Further, granting the renewals and accompanying assignment applications will enable the continued provision of service by current and active lessees, including Amtrak (for positive train control operations) and Choctaw Holdings (as part of Choctaw’s network providing data from remote sensors to tower owners). See id.  The assignee will continue to build upon the Receiver’s efforts to deploy the spectrum under her control for “critical connectivity applications and use cases.” Id. Therefore, we conclude that strict application of the renewal performance requirements in this case would not advance the underlying purpose of the renewal rules – to ensure service to the public and to prevent the warehousing of spectrum. C. Renewal and Public Interest Finding. 23. Considering the totality of the circumstances, including the opportunity to resolve longstanding litigation, we are persuaded that grant of the renewal applications, subject to the conditions below, serves the public interest. We find that the Receiver’s efforts to date to comply with FCC rules and to find productive lease arrangements to deploy the spectrum, her diligent efforts to resolve the Havens’ Estate and bring the receivership to a close, and the Leong family’s commitment to continue the deployment of the spectrum once assigned, will ensure timely performance. See id. D. Temporary Waiver of Permanent Discontinuance Rules. 24. To allow the Receiver or her assigns adequate time to commence operations or to obtain adequate spectrum lease agreements for each of the AMTS and MAS licenses listed herein, we temporarily waive the permanent discontinuance requirements contained in section 1.953 for a period of three years from the date of the adoption of this Order (until September 1, 2029), consistent with the conditions set forth below. Note that this temporary waiver of the permanent discontinuance rules, as well as imposition of the associated buildout conditions listed in Section IV of this Order, do not apply to 220 MHz License WQIM619 since, pursuant to this Order, the Receiver has already fulfilled her buildout requirements. See para. 21, n.71, supra. Under section 1.3 of our rules, we find that there is good cause to temporarily waive our discontinuance rules to allow the parties time to develop and deploy spectrum licenses in accordance with the deployment time frame we establish herein, recognizing that these AMTS and MAS licenses, up to now, have been underutilized. See 47 CFR § 1.3. IV. WAIVER CONDITIONS 25. To align renewal and assignment with the Commission’s performance objectives, to mitigate against potential warehousing, and to protect the public interest, the grant of waivers in this Order is conditioned on the following requirements which must be met on a license by license basis for all AMTS and MAS licenses: · Interim Deployment Obligation. For each of the AMTS and MAS licenses listed herein, within 3 years of the adoption of this Order (by September 1, 2029), demonstrate coverage and service to at least one-third of the population or one-third of the geographic area of each license. Failure to meet this Initial Deployment deadline will result in the automatic termination, without further Commission action, of each non-compliant license. · Final Deployment Obligation. For each of the AMTS and MAS licenses listed herein, within 5 years of the adoption of this Order (by September 1, 2031), demonstrate coverage and service to at least two-thirds of the population or two-thirds of the geographic area of each license. Failure to meet this Final Deployment deadline will result in the automatic termination, without further Commission action, of each underutilized license. · Reporting requirements. Licensees operating under this Waiver Order must report as follows on progress towards performance benchmarks to ensure that the Commission is aware of challenges well in advance of deadlines: (1) Within 1 year of the adoption of this Order (by September 1, 2027), the License holder must submit a construction/operations or a leasing progress report detailing how it will meet the 3 year leasing requirement or the interim deployment obligation as applicable. (2) Within 3 years of the adoption of this Order (by September 1, 2029), the License holder must, if applicable, submit a construction/operations progress report detailing how it will meet the 5 year Final Deployment Obligation. These reports must be submitted via the Commission’s Universal Licensing System as pleadings attached to each license. Failure to meet these reporting deadlines will result in the automatic termination, without further Commission action, of each license for which the Licensee fails to submit a timely progress report. · Permanent Discontinuance. As part of the waiver relief granted by this Order, we suspend, on our own motion, application of the discontinuance rules (47 CFR § 1.953(b)) to each of the AMTS and MAS licenses listed herein for 3 years following the adoption of this Order. See para. 21, supra. Licensees providing service to the public, or operating the license to meet their own private, internal communications needs, or that elect to lease their spectrum in order to satisfy their performance requirements, must maintain continuity of service to at least one-third of the population or one-third of the geographic area of each license after September 1, 2029. After September 1, 2031, Licenses providing service to the public, or operating the license to meet their own private, internal communications needs, or that elect to lease their spectrum in order to satisfy their performance requirements, must maintain continuity of service to at least two-thirds of the population or two-thirds of the geographic area of each license. Failure to maintain continuity of service or coverage after September 1, 2029, will result in automatic termination, without further Commission action, of each license found to have permanently discontinued (i.e., determined to have been non-operational for 180 consecutive days). 26. All requirements and conditions listed above will also apply to any assignee or transferee of any of the Licenses. V. CONCLUSION AND ORDERING CLAUSES 27. Accordingly, having reviewed the record in this matter, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 303(r), and sections 1.3, 1.946, and 1.949 of the Commission’s rules, 47 CFR §§ 1.3, 1.946, and 1.949, that the Wireless Telecommunications Bureau GRANTS ON ITS OWN MOTION a waiver of sections 1.949(d) and (f) for Automated Maritime Telecommunications System stations WQCP808, WQCP810, WQCP811, WQCP812, WQCP813, WQCP814, WQCP815, WQCP816, WQCP817, 220 MHz License WQIM619, and the Multiple Address System licenses listed in Appendix A to this Order, to the extent described herein and subject to the conditions specified above. 28. IT IS FURTHER ORDERED, pursuant to Sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 303(r), and sections 1.3, 1.903, and 1.955 of the Commission’s rules, 47 CFR §§ 1.3, 1.903, and 1.955, that the Wireless Telecommunications Bureau GRANTS ON ITS OWN MOTION a waiver of sections 1.903 and 1.955(a) for any unauthorized lease operations under 220 MHz License WQIM619 that occurred after September 16, 2014, to the extent described herein and subject to the conditions specified above. 29. IT IS FURTHER ORDERED, pursuant to Sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 303(r), and sections 1.3, 1.946, 90.767, and former section 90.743(a) of the Commission’s rules, 47 CFR §§ 1.3, 1.946, 90.767, and former section 90.743(a), that the Wireless Telecommunications Bureau GRANTS ON ITS OWN MOTION a waiver of section 90.767 and former section 90.743(a) for 220 MHz License WQIM619 to the extent described herein and subject to the conditions specified above. 30. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 303 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303, and Sections 1.925 and 1.9020(h) of the Commission’s rules, 47 CFR §§ 1.925 and 1.9020(h), that section 1.9020(h) IS HEREBY WAIVED for 220 MHz License WQIM619. 31. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 303 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303, and Sections 1.925 and 1.9020(m) of the Commission’s rules, 47 CFR §§ 1.925 and 1.9020(m), that section 1.9020(m) IS HEREBY WAIVED for 220 MHz License WQIM619 32. IT IS FURTHER ORDERED, pursuant to sections 1.3 and 1.955 of the Commission’s rules, 47 CFR §§ 1.3 and 1.953, that the Wireless Telecommunications Bureau GRANTS ON ITS OWN MOTION a waiver of section 1.953(b) until September 1, 2029, for Automated Maritime Telecommunications System stations WQCP808, WQCP810, WQCP811, WQCP812, WQCP813, WQCP814, WQCP815, WQCP816, and WQCP817, and for the Multiple Address System licenses listed in Appendix A to this Order, to the extent described herein and subject to the conditions specified above. 33. IT IS FUTHER ORDERED, that the licensing staff of the Wireless Telecommunications Bureau’s Broadband Division SHALL PROCESS all pending renewal applications, construction notifications, lease applications, and extension requests filed by Susan L. Uecker for Automated Maritime Telecommunications System stations WQCP808, WQCP810, WQCP811, WQCP812, WQCP813, WQCP814, WQCP815, WQCP816, WQCP817, 220 MHz Service license WQIM619, and the Multiple Address System licenses listed in Appendix A, in a manner consistent with this Order. 34. This action is taken under delegated authority pursuant to sections 0.131, 0.331, and 1.3 of the Commission’s rules, 47 CFR §§ 0.131, 0.331, and 1.3. FEDERAL COMMUNICATIONS COMMISSION Joshua Smith Chief, Broadband Division Wireless Telecommunications Bureau Appendix A Intelligent Transportation & Monitoring Wireless LLC Pending Renewal Applications File Number | Call Sign 0011961257 | WQER215 0011961263 | WQER216 0011961269 | WQER361 0011961274 | WQER360 0011961286 | WQER359 0011961293 | WQER358 0011961299 | WQER357 0011961319 | WQER356 0011961334 | WQER355 0011961340 | WQER354 0011961348 | WQER353 0011961591 | WQER352 0011961601 | WQER351 0011961611 | WQER350 0011961615 | WQER349 0011961620 | WQER348 0011961641 | WQER347 0011961656 | WQER346 0011961676 | WQER345 0011961732 | WQER342 0011961769 | WQER344 0011961782 | WQER343 0011961791 | WQER362 0011961792 | WQER341 0011961800 | WQER363 0011961809 | WQER364 0011961813 | WQER340 0011961814 | WQER365 0011961822 | WQER339 0011961824 | WQER338 0011961836 | WQER366 0011961840 | WQER337 0011961870 | WQER336 0011961873 | WQER367 0011961897 | WQER335 0011961898 | WQER368 0011961902 | WQER369 0011961903 | WQER334 0011961911 | WQER370 0011961912 | WQER333 0011961916 | WQER332 0011961917 | WQER331 0011961921 | WQER371 0011961924 | WQER330 0011961927 | WQER329 0011961935 | WQER373 0011962124 | WQER374 File Number | Call Sign 0011962141 | WQER375 0011962148 | WQER376 0011962150 | WQER377 0011962151 | WQER378 0011962153 | WQER328 0011962155 | WQER379 0011962315 | WQER372 0011962317 | WQER327 0011962320 | WQER326 0011962325 | WQER325 0011962420 | WQER380 0011962437 | WQER381 0011962467 | WQER383 0011962477 | WQER384 0011962499 | WQER386 0011962678 | WQER387 0011962680 | WQER324 0011962682 | WQER323 0011962683 | WQER388 0011962691 | WQER322 0011962698 | WQER389 0011962709 | WQER385 0011962712 | WQER321 0011962718 | WQER320 0011962719 | WQER390 0011962727 | WQER319 0011962730 | WQER391 0011962733 | WQER318 0011962736 | WQER392 0011962740 | WQER317 0011962744 | WQER316 0011962752 | WQER315 0011962767 | WQER314 0011962772 | WQER313 0011962776 | WQER312 0011962781 | WQER311 0011962789 | WQER310 0011962797 | WQER309 0011962808 | WQER382 0011962814 | WQER308 0011962822 | WQER394 0011962825 | WQER307 0011962831 | WQER395 0011962832 | WQER306 0011962838 | WQER396 0011962846 | WQER305 0011962856 | WQER397 0011962857 | WQER304 0011962880 | WQER398 0011962891 | WQER303 File Number | Call Sign 0011962902 | WQER302 0011962903 | WQER399 0011962912 | WQER301 0011962920 | WQER400 0011962925 | WQER300 0011962940 | WQER299 0011962941 | WQER401 0011962961 | WQER402 0011962967 | WQER298 0011962976 | WQER403 0011962980 | WQER297 0011963060 | WQER405 0011963075 | WQER406 0011963155 | WQER407 0011963175 | WQER408 0011963185 | WQER409 0011963226 | WQER411 0011963237 | WQER410 0011963242 | WQER404 0011963249 | WQER393 0011963266 | WQER412 0011963282 | WQER296 0011963290 | WQER295 0011963295 | WQER294 0011963304 | WQER293 0011963309 | WQER292 0011963314 | WQER291 0011963319 | WQER290 0011963327 | WQER289 0011963330 | WQER288 0011963331 | WQER414 0011963334 | WQER287 0011963340 | WQER286 0011963344 | WQER285 0011963348 | WQER284 0011963351 | WQER283 0011963354 | WQER282 0011963358 | WQER281 0011963361 | WQER280 0011963363 | WQER413 0011963365 | WQER279 0011963366 | WQER278 0011963368 | WQER277 0011963374 | WQER276 0011963532 | WQER275 0011963537 | WQER274 0011963542 | WQER273 0011963546 | WQER272 0011963551 | WQER271 0011963555 | WQER270 File Number | Call Sign 0011963581 | WQER269 0011963585 | WQER268 0011963593 | WQER267 0011963595 | WQER266 0011963598 | WQER265 0011963601 | WQER264 0011963606 | WQER263 0011963620 | WQER262 0011963632 | WQER261 0011963635 | WQER260 0011963638 | WQER259 0011963644 | WQER258 0011963646 | WQER257 0011963647 | WQER415 0011963648 | WQER256 0011963652 | WQER255 0011963655 | WQER254 0011963656 | WQER416 0011963658 | WQER253 0011963659 | WQER252 0011963660 | WQER417 0011963662 | WQER251 0011963664 | WQER418 0011963665 | WQER250 0011963820 | WQER248 0011963823 | WQER249 0011963829 | WQER247 0011963833 | WQER246 0011963854 | WQER245 0011964031 | WQER244 0011964034 | WQER419 0011964037 | WQER243 0011964043 | WQER420 0011964071 | WQER421 0011964150 | WQER422 0011964285 | WQER242 0011964289 | WQER241 0011964296 | WQER240 0011964308 | WQER239 0011964324 | WQER238 0011964333 | WQER237 0011964339 | WQER236 0011964347 | WQER235 0011964353 | WQER234 0011964356 | WQER233 0011964374 | WQER232 0011964390 | WQER231 0011964402 | WQER230 0011964408 | WQER229 0011964415 | WQER228 File Number | Call Sign 0011964425 | WQER227 0011964431 | WQER226 0011964453 | WQER225 0011964460 | WQER224 0011964470 | WQER223 0011964474 | WQER222 0011964487 | WQER221 0011964493 | WQER220 0011964509 | WQER219 0011964520 | WQER218 0011964525 | WQER217 0011964529 | WQER568 0011964536 | WQER567 0011964546 | WQER566 0011964553 | WQER565 0011964559 | WQER564 0011964571 | WQER563 0011964574 | WQER562 0011964653 | WQER425 0011964701 | WQER423 0011964732 | WQER424 0011964738 | WQER426 0011964746 | WQER427 0011964780 | WQER428 0011964791 | WQER429 0011964793 | WQER430 0011964795 | WQER431 0011964799 | WQER432 0011964803 | WQER433 0011964805 | WQER434 0011964807 | WQER435 0011964809 | WQER436 0011964813 | WQER437 0011964815 | WQER438 0011964819 | WQER439 0011964822 | WQER440 0011964825 | WQER441 0011964834 | WQER561 0011964837 | WQER560 0011964841 | WQER559 0011964846 | WQER558 0011964849 | WQER557 0011964853 | WQER556 0011964857 | WQER555 0011964868 | WQER554 0011964871 | WQER553 0011964877 | WQER552 0011964879 | WQER550 0011964882 | WQER551 0011964887 | WQER442 File Number | Call Sign 0011964888 | WQER443 0011964889 | WQER444 0011964890 | WQER445 0011964892 | WQER446 0011964895 | WQER447 0011964896 | WQER448 0011964903 | WQER449 0011964909 | WQER450 0011964914 | WQER451 0011964915 | WQER452 0011964921 | WQER453 0011964928 | WQER454 0011964935 | WQER455 0011964938 | WQER456 0011964942 | WQER457 0011964944 | WQER458 0011964945 | WQER459 0011964946 | WQER460 0011964949 | WQER461 0011964951 | WQER462 0011964955 | WQER463 0011964958 | WQER464 0011964960 | WQER465 0011964965 | WQER466 0011964968 | WQER467 0011965041 | WQER468 0011965046 | WQER549 0011965047 | WQER548 0011965051 | WQER469 0011965059 | WQER470 0011965062 | WQER547 0011965067 | WQER471 0011965133 | WQER472 0011965140 | WQER473 0011965144 | WQER474 0011965146 | WQER475 0011965150 | WQER476 0011965156 | WQER477 0011965160 | WQER478 0011965187 | WQER479 0011965190 | WQER480 0011965193 | WQER481 0011965196 | WQER482 0011965200 | WQER483 0011965203 | WQER484 0011965208 | WQER485 0011965209 | WQER486 0011965212 | WQER487 0011965216 | WQER488 0011965219 | WQER489 File Number | Call Sign 0011965225 | WQER490 0011965232 | WQER491 0011965361 | WQER546 0011965363 | WQER545 0011965364 | WQER542 0011965373 | WQER541 0011965380 | WQER540 0011965382 | WQER539 0011965385 | WQER538 0011965390 | WQER537 0011965392 | WQER536 0011965395 | WQER535 0011965399 | WQER534 0011965405 | WQER533 0011965407 | WQER492 0011965408 | WQER532 0011965413 | WQER531 0011965416 | WQER530 0011965423 | WQER529 0011965427 | WQER528 0011965429 | WQER527 0011965431 | WQER526 0011965435 | WQER493 0011965436 | WQER525 0011965443 | WQER524 0011965445 | WQER494 0011965451 | WQER523 0011965454 | WQER522 0011965457 | WQER521 0011965458 | WQER520 0011965461 | WQER519 0011965468 | WQER518 0011965475 | WQER515 0011965477 | WQER495 0011965482 | WQER517 0011965483 | WQER516 0011965486 | WQER496 0011965491 | WQER513 0011965494 | WQER514 0011965497 | WQER512 0011965498 | WQER497 0011965500 | WQER511 0011965514 | WQER498 0011965515 | WQER510 0011965519 | WQER499 0011965521 | WQER509 0011965523 | WQER508 0011965525 | WQER507 0011965527 | WQER500 0011965529 | WQER506 File Number | Call Sign 0011965530 | WQER505 0011965532 | WQER504 0011965533 | WQER501 0011965536 | WQER503 0011965538 | WQER502 12