FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 9,179
x, 8850-9847 p. ; 28 cm.View a full description of this book.
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III. DISCUSSION
3. On February 22, 2012, the President signed the Middle Class Tax Relief and Job Creation
Act of 2012 (Spectrum Act) into law.6 Section 6103 of the Spectrum Act provides that, not later than
nine years after the date of enactment, the Commission shall reallocate T-Band spectrum "currently used
by public safety eligibles."7 On April 26, 2012, the Wireless Telecommunications Bureau and the Public
Safety and Homeland Security Bureau (Bureaus) issued a public notice announcing a limited suspension
of the acceptance and processing of certain T-Band applications.' The Suspension Notice suspended the
acceptance and processing of T-Band applications "in order to stabilize the existing spectral landscape
while the Commission considers issues surrounding future use of the T-Band, solicits input from
interested parties, and works to implement the directives of the Act.'9 In the Suspension Notice, the
Bureaus stated that they would not accept or process applications "that would, if granted, tend to increase
the degree to which the 470-512 MHz band is currently licensed," including applications for new
licenses.'o
4. In light of the Spectrum Act and in accordance with the Suspension Notice, we find that
Bedford's applications would, if granted, increase the degree to which the T-Band is currently licensed
because the applications are for new licenses. We deny Bedford's waiver of Sections 2.106, 90.303,
90.305(a), and 90.311 because, as explained in the Suspension Notice, it is not in the public interest for us
to expand further T-Band encumbrance, especially into areas where Part 90 of the Commission's rules
does not permit T-Band operation. Section 1.934(d)(2) of the Commission's rules provides that an
application containing a waiver request is defective if the Commission denies the waiver request and the
application does not contain an alternative proposal that fully complies with the rules."1 Because Bedford
submitted no such proposal, we dismiss Bedford's applications as defective.'2
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED pursuant to Sections 4(i) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), and Section 1.925 of the Commission's rules, 47 C.F.R. 1.925,
that the Waiver Request associated with application File Nos. 0003857496 and 0004274304, filed by the
County of Bedford, Pennsylvania on June 2, 2008, as amended, IS DENIED.
6. IT IS FURTHER ORDERED that application File Nos. 0003857496 and 0004274304
ARE DISMISSED consistent with this Order and the Commission's rules.
6 See Pub. L. No. 112-96, 126 Stat. 156 (2012) (Spectrum Act).
7 Spectrum Act, 6103(a). The Act further instructs the Commission to "begin a system of competitive bidding
under Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new initial licenses for the use
of the spectrum." Id. It also provides that "relocation of public safety entities from the T-Band Spectrum" shall be
completed not later than two years after completion of the system of competitive bidding. Id., 6103(b), (c).
2 Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau Suspend the Acceptance
and Processing of Certain Part 22 and 90 Applications for 470-512 MHz (T-Band) Spectrum, Public Notice, 27 FCC
Rcd 4218 (WTB/PSHSB 2012) (Suspension Notice).
9 Id. at 1.
t'o Id. at 2.
" 47 C.F.R. 1.934(d)(2).
12 Suspension Notice at 2.9179
Federal Communications Commission
DA 12-1284
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc133015/m1/346/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.