DIANNE FEINSTEIN CALIFORNIA ~ntteb~tate~ ~enate WASHINGTON, DC 20510-0504 The Honorable Tom Wheeler Chairman http://felnsteln.senate.gov July 14, 2014 Federal Communications Commission 445 lih Street SW Washington, DC 20554 Dear Chairman Wheeler: SELECT COMMITTEE ON INTELLIGENCE · CHAIRMAN COMMITTEE ON APPROPRIATIONS COMMITTEE ON THE JUDICIARY COMMITTEE ON RULES AND ADMINISTRATION 14~ Received & Inspected JUL ·c: 1 LU14 FCC Mail Room As you may know, in the wake of the tragic railroad accident on September 12, 2008, in Chatsworth, California that resulted in the death of 25 people, Congress enacted the Rail Safety Improvement Act of 2008. This law mandates the installation of Positive Train Control (PTC) for commuter and freight rail systems. This is an essential, life-saving technology necessary to enhance the safety of our nation's railroads, and I remain a strong supporter of rapid implementation of this technology. The Southern California Regional Rail Authority (Metro link) is on track to be the first commuter railroad in the nation to implement PTC on its entire 512- mile system. They initially sought FCC approval for the acquisition of spectrum to implement PTC in March, 2010. I recognize that there have been several complications in this matter, including the bankruptcy of the company from which they contracted to purchase the spectrum. However, all filings have been completed, and the matter has been ripe for a decision by the FCC for more than a year, since June of2013. I respectfully request that the Commission move as expeditiously as possible to conclude its consideration of this application, so that Metrolink can have a permanent solution to its PTC spectrum needs, one way or the other. I understand that two distinct approvals for license transfers are needed from the FCC, from the bankrupt company to its creditors, and then from the creditors to Metro link. If at all possible, I would urge you to make these decisions at the same time, to resolve this long-delayed matter as quickly as possible. Please note that I am not addressing the merits of the issues raised relative to Metrolink's applications. I fully expect the Commission to dispose of those issues consistent with its statutory authority and applicable administrative and judicial precedent. But I encourage the Commission to take prompt steps to act on the Metro link applications and related waiver requests, as this is an important matter of public safety. Thank you very much for your attention to this matter. Should you have any questions or wish to discuss this matter, please do not hesitate to call me, or have a member of your staff call my Chief Counsel, Neil Quinter, at 202-224-4933. Dianne Feinstein United States Senator