FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,918
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under call sign WQOB527.7 On August 23, 2011, Emigrant filed an application for a new PLMRS station
license, which was granted on October 3, 2011.s
3. Because it appeared that Emigrant operated station WPKM212 after the expiration of its
license, the Wireless Bureau referred this matter to the Enforcement Bureau for investigation and possible
enforcement action. On April 26, 2012, the Spectrum Enforcement Division of the Enforcement Bureau
issued a letter of inquiry (LOI) to Emigrant, directing the company to submit a sworn written response to
a series of questions relating to Emigrant's failure to file an application for renewal of the WPKM212
license and to Emigrant's continued operation of the station after the expiration of the station license.9
4. Emigrant responded to the LOI on May 3, 2012 (LOI Response).o In its LOI Response,
Emigrant states that on or about July 19, 2011, Emigrant received a telephone call from another wireless
operator stating that Emigrant's radio communications "were coming through" on the operator's
frequencies and that Emigrant's license for station WPKM212 had expired." According to Emigrant, its
failure to renew the license for station WPKM212 was an "oversight."'2 Emigrant also admitted that it
continued to operate the station after the April 15, 2002 license expiration date, explaining that it was not
aware that the station license had expired.'3 Emigrant asserts that it filed its STA request "promptly" after
the telephone call from the other wireless operator and that its STA was granted approximately two weeks
5. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the use or operation of
any apparatus for the transmission of energy or communications or signals by radio except under, and in
accordance with, a Commission-granted authorization." Additionally, Section 1.949(a) of the Rules
requires that licensees file renewal applications for wireless radio stations "no later than the expiration
date of the authorization for which renewal is sought, and no sooner than 90 days prior to expiration."'6
Absent a timely filed renewal application, a wireless radio station license automatically terminates."7
6. As a Commission licensee, Emigrant was required to maintain its authorization in order
to continue to operate station WPKM212. Emigrant has admitted that it failed to renew its license and
that it continued to operate station WPKM212 without Commission authority for more than nine years,
7 The Wireless Bureau granted the STA without prejudice to any enforcement action related to the unauthorized
operation of station WPKM212. See id.
2 See File No. 0004850131.
9 See Letter from John D. Poutasse, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Bill
Manke, Owner, Emigrant Storage Corporation (Apr. 26, 2012).
'o See Letter from Carol Reno, Supervisor, Emigrant Storage, to Susan German, Spectrum Enforcement Division,
FCC Enforcement Bureau (May 3, 2012).
12 Id at 1-2 (claiming that it did not receive the courtesy renewal reminder and that the company "had a change of
personnel over the years").
'4 Id. at 2.
5s 47 U.S.C. 301; 47 C.F.R. 1.903(a).
16 47 C.F.R. 1.949(a).
Federal Communications Commission
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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.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/85/: accessed September 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.