FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,128
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January 13, 2011, the Bureau granted the Health Department's applications under Call Signs WQNE923
8. On February 11, 2011, the Port Authority filed a timely petition for reconsideration
requesting that the Commission "deny" the Health Department's authorizations.'6 On February 18, 2011,
Micronet filed a timely Response to the petition for reconsideration."7 The Port Authority filed a timely
reply on February 28, 2011.is
9. Discussion. In its Petition, the Port Authority alleges that the Health Department's
applications for Stations WQNE923 and WQNE927 were "defective as a matter of law because [the
Health Department] failed to advise the Commission that there were unresolved issues between the Port
Authority and [Health Department] regarding ... interference, in contravention of the prior notice
coordination requirements.""9 Specifically, the Port Authority alleges a violation of section 101.103(d)
of the Commission's rules,20 which provides in relevant part:
(I) Proposed frequency usage must be prior coordinated with existing licensees ... All applicants
and licensees must cooperate fully and make reasonable efforts to resolve technical problems and
conflicts that may inhibit the most effective and efficient use of the radio spectrum ...
(2)(i) ... To be acceptable for filing, all applications ... must certify that coordination, including
response, has been completed.
10. In response, Micronet states that it "saw no need to note unresolved interference issues,
because the technical details were not disputed here only license status."21 Micronet further states that at
the time it issued the PCN to the Port Authority, the ULS administrative tab for license WNEE495
contained the Commission's 2009 extension order [2009 FCC Order] for the Port Authority's waiver of
the construction deadline, and this order stated that the Port Authority had until "September 10, 2010 to
construct and return the World Trade Center Stations to operational status without forfeiting the
license."22 Micronet argues that basedsd on the available evidence from the FCC, these paths should
have been forfeited on 09/10/2010 since there were no pending applications, no pending waiver requests
or anything else to indicate that the conditions [of the waiver order] had been or even could be met."2-
I I. We find Micronet's argument unpersuasive. Micronet had ample notice that the Health
Department's applications were problematic, or at least that the applications required further
coordination, based on the concerns raised by Comsearch on November 29, 2010, in response to the PCN
'5 See Public Notice Report No. 6553 (rel. Jan. 19, 2011).
16 Petition at 9.
'~ Micronet Response to Petition for Reconsideration (filed Feb. 18, 2011) (Response).
Is Reply of the Port Authority of New York and New Jersey to the Opposition Filed on Behalf of the New York
Department of Health and Mental Hygiene (filed Feb. 28, 2011) (Reply).
19 Petition at iii.
20 47 C.F.R. 101.103(d). See Petition at 6-7.
21 Response at 1.
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/m1/300/: accessed December 16, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.