FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,129
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filed by Micronet, and again, on December 9, 2010, two days after Micronet filed the applications.24 We
also find it significant that prior to the filing of the PCN and up until the Commission granted the Health
Department's applications, the ULS indicated that the Port Authority's licenses remained on active status
and did not expire until February 1 1, 2019.25 In light of these circumstances, Micronet's decision to file
the applications without informing the Commission of Comsearch's objections was improper and
inconsistent with its obligations pursuant to the Commission's general rules regarding the accuracy and
truthfulness of applications26 as well as the Part 101 coordination rules. 7
12. Moreover, we reject Micronet's assertion that it was reasonable for it to conclude that Port
Authority would be unable to meet the September 10, 2010 construction deadline based on the
information contained in the administrative tab for license WNEE495. Given the objections raised by
Comsearch, and the fact that the license remained in active status in ULS,28 Micronet should have raised
these issues or made an inquiry to the Commission. Part 101 coordination procedures require all
applicants and licensees to "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." We therefore
disagree with Micronet's contention that it was not required to note unresolved interference issues
because "the technical details were not disputed." The integrity of the frequency coordination process
depends on the good faith efforts of frequency coordinators to work together to identify suitable
frequencies for the Commission's consideration. When a Part 101 frequency coordinator submits an
application to the Commission, the coordinator certifies that due diligence and reasonable efforts have
been exercised in the selection of the frequencies. By ignoring Comsearch's objections and by failing to
inform the Commission of the same, Micronet undermined this process, which resulted in a faulty
24 At the time Micronet submitted the Health Departments applications, Comsearch had already put Micronet on
notice that the Port Authority considered its license to be active. See Petition, Exhibit 2 (Letter, David L. Wiggens
to Brad Youngblood (Nov. 29, 2010)).
25 We also note that the Bureau's December 20, 2010. nunc pro tunc grant of the Port Authority's waiver request
as well as the seven previous grants of similar requests (the latter three of which were also granted nunc pro tunc),
are all publicly available on the Commission's Electronic Document Management System. EDOCS is available at
hItt:R hromnfoss. cc. go'edocs public.
26 Section 1.1 7(a)(2) of the Commission's rules states that no person may provide, in any written statement of fact,
"material factual information that is incorrect or omit material information that is necessary to prevent any material
factual statement that is made from being incorrect or misleading without a reasonable basis for believing that any
such material factual statement is correct and not misleading. 47 C.F.R. 1.17(a)(2). See Cricket
Communications, Inc., File No.: EB- 0-SE-05 I, Order and Notice of Apparent Liability for Forfeiture, DA I-
184, 5 (EB rel. Feb. 1,. 2011). Moreover, all applicants for common carrier fixed point-to-point microwave
station licenses must certify that "all statements made in th[e] applications and in the exhibits, attachments, or
documents incorporated by reference...are true, complete, correct, and made in good faith." See Form 601
(Application fior Wireless Telecommunications Bureau Radio Service Authorization); General Certification
Statements. See also 47 C.F.R. 1.65 (Substantial and significant changes in information furnished by applicants
to the Commission).
'7 See 47 C.F.R. 101.103(d).
28 Under the Commission's licensing procedures, a license is not automatically canceled until the Commission
takes an allfirmative action to do so as reflected by the ULS. I lere the license cancellation was tolled by the Port
Authority's timely filed waiver extension request, and the ULS correctly indicated that the subject license remained
in active status.
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/m1/301/: accessed February 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.