FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,845
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TETRA technology for use with their Licenses.33
6. On March 23, 2009, Warren Havens filed renewal applications for his Licenses.34 In these
Renewal Applications, Warren Havens argues that he and his companies engaged in substantial due
diligence to research and develop ITS technology and services for use in the 220 MHz band.35 He also
claims that, "[h]ad the FCC ruled on the 2007 Extension Request, and it was granted, then [he] could have
proceeded with the needed further development of technology and equipment to construct the
licenses...and constructed today or, at minimum would have been much further along in completing due
diligence to obtain the advanced 220 MHz technology and equipment for the nationwide ITS wireless plan
for which the Licenses are dedicated...,36 He asserts that these showings, along with those set forth in the
2007 Extension Request and the March 2009 Amended Extension Request, are sufficient to satisfy the
renewal and renewal expectancy requirements in Section 90.74337 of the Commission's Rules.38
7. On the same day, Warren Havens also filed an amendment to his 2007 Extension Request.39
In this Amended Extension Request, Warren Havens requests an extension of both the five and ten-year
construction deadlines for his Licenses until March 23, 2015.40 Warren Havens again claims that he has
conducted substantial due diligence to obtain advanced wireless technology to put the 220 MHz spectrum
to its highest and best use.41 He also restates, reiterates, and incorporates the arguments and assertions
from his prior filings.42
8. On March 23, 2009, Skybridge also filed renewal applications for several of its Licenses.43
Skybridge claims that, pursuant to the earlier disaggregation and assignment action, its licenses do not
include construction requirements." As a result, according to Skybridge, it "had and has no substantial
service obligation, and thus has no substantial service showing to make."'4 Skybridge asserts that it "is
using all of the subject Licenses in active research and development, and thereafter deployment, of
advanced wireless for the nation's Intelligent Transportation Systems ('ITS') and associated smart critical
infrastructure and environment-resource monitoring and protection...."46 However, Skybridge does not
claim to have built any facilities or provided any actual service in its license areas. Skybridge also
references the Havens March 2009 Renewal Applications in support of its claims.47 Skybridge filed a
similar renewal application for its remaining licenses on October 6, 2009, which referenced and
incorporated the Skybridge March 2009 Renewal Applications and provided additional information
33 See June 2008 Supplement.
34 See Havens March 2009 Renewal Applications.
35 Id at 2-4 and Attachments 1-3.
6 Id. at 1.
37 47 C.F.R. 90.743; see infra, Section III(C).
38 See Havens March 2009 Renewal Applications at 4.
39 See March 2009 Amended Extension Request.
Id. at 2.
41 Id. at 4.
42 Id at 2-3.
43 See Skybridge March 2009 Renewal Applications.
"4 d at 1.
4 Id. at 1.
Sd at 1.
47 Id. at 2.5845
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc111171/m1/188/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.