FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,010
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request pursuant to Section 1.41 of the Rules is discretionary.49 In support of its request, Smartcomm
states only that treating its opposition as an informal request would provide the Commission with "an
important opportunity to develop a full record."" We find that this is insufficient to merit our accepting
the Smartcomm pleading as an informal request for Commission action. We therefore deny
Smartcomm's request and dismiss its opposition.
18. In response to the Public Safety Parties' concerns, we affirm that we will consider waiver
requests from public safety entities that can demonstrate a compelling need for Interleaved Band channels
in advance of when they otherwise will be available. In the event a public safety entity submits a waiver
request, we will issue a public notice to afford interested parties, including Sprint, the opportunity to
comment on the request.
IV. ORDERING CLAUSES
19. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended,
47 U.S.C. 154(i), and Sections 0.191, 0.392, 1.45, and 90.677 of the Commission's rules, 47 C.F.R.
0.191, 0.392, 1.45, 90.677, IT IS ORDERED that the Opposition to Sprint Nextel Corporation's Request
for Waiver of its Obligation to Relinquish Channels in the Interleaved, Expansion and Guard Bands, filed
by Smartcomm, LLC, IS DISMISSED.
20. IT IS FURTHER ORDERED that the Opposition to the Request for Waiver, filed by
Preferred Spectrum Investments, LLC, IS DISMISSED.
21. IT IS FURTHER ORDERED that the Reply to Sprint Nextel Corporation filed by
Smartcomm, LLC IS DISMISSED.
22. IT IS FURTHER ORDERED that the Reply filed by Preferred Spectrum Investments,
LLC IS DISMISSED.
23. IT IS FURTHER ORDERED that the Request for Waiver, filed February 11, 2011 by
Sprint Nextel Corporation IS GRANTED as conditioned herein.
24. IT IS FURTHER ORDERED that this Order IS ADOPTED.
25. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission's rules, 47 C.F.R. 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
James Arden Barnett, Jr., Rear Admiral (Ret.)
Chief, Public Safety and Homeland Security Bureau
49 See National Ready Mixed Concrete Co.. Memorandum Opinion and Order. 23 FCC Red 5250, 5251 n.12 (2008).
See also Charles T. Crawford, et al. Memorandum Opinion and Order, 17 FCC Rcd 19328, 19329 (2002) (stating
that the Commission is not obligated to consider informal requests).
.0 Smartcomm Opposition at 6.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/182/: accessed April 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.