$// Order, Use of 220-222 MHz, PR 89-552, DA 95-251//$ $/ Deadline for construction/$ RECORD ONLY Before the FEDERAL COMMUNICATIONS COMMISSION DA 95-251 Washington, D.C. In the Matter of ) ) Amendment of Part 90 of the ) PR Docket No. 89-552 Commission's Rules to Provide ) for the Use of the 220-222 MHz ) Band by the Private Land Mobile ) Radio Services ) ORDER Adopted: February 16, 1995 Released: February 17, 1995 By the Chief, Wireless Telecommunications Bureau: 1. On August 19, 1994, the Private Radio Bureau released a Public Notice (DA 94- 902) extending the deadline for construction of non-nationwide 220 MHz stations from December 2, 1994 to April 4, 1995. The Commission, in the Third Report and Order, GN Docket No. 93-252, Implementation of Sections 3(n) and 332 of the Communications Act, released September 23, 1994, 9 FCC Rcd 7988 (1994), again identified April 4, 1995 as the construction deadline for non-nationwide 220 MHz stations. In that decision, the Commission noted that the extension "gives these licensees approximately 12 months from the date of . . . [the March 30, 1994 Order] . . . to complete construction and commence operations . . . ." 2. Recently, the Wireless Telecommunications Bureau received requests from three 220 MHz radio equipment manufacturers to extend the current construction deadline beyond April 4, 1995. The first of these was submitted by SEA, Inc. (SEA) in a letter sent to Regina M. Keeney, Chief, Wireless Telecommunications Bureau, on January 17, 1995. SEA asks that the deadline be extended to December 31, 1995 for those licensees who have, by placing equipment orders with manufacturers, demonstrated their intent to construct their 220 MHz stations. SEA argues that this extension is needed because the manufacturing capacity of the companies producing 220 MHz equipment "is not sufficient to fill existing orders by the April 4 deadline" and that those licensees who have placed orders "should not be required to forfeit their licenses" due to manufacturers' inability to deliver equipment by that date. As further support for its request, SEA contends that the Evans v. FCC court appeal caused licensees to delay placing orders, and that, upon dismissal of the appeal, manufacturers were required suddenly to deliver equipment by a "single, across-the-board" deadline applicable to all licensees. SEA observes that, had the court case not occurred, manufacturers would have had to satisfy the less difficult requirement of filling orders to meet the progressive 8-month construction deadlines of the approximately 3,600 individual stations that were authorized over an extended period. 3. E.F. Johnson Company (EFJ), another 220 MHz equipment manufacturer, in a letter sent to Regina M. Keeney on January 25, 1995, supports SEA's request for an extension until December 31, 1995 for those 220 MHz licensees who have timely placed an equipment order with a manufacturer offering type-accepted equipment. EFJ argues that the current "compressed manufacturing and delivery schedule can simply not be met, even with the considerable resources [the company] will commit to the process" and contends that if an extension is not granted, the Commission will "irreparably harm the nascent 220 MHz industry and seriously set back efforts to employ spectrum efficient narrowband technology on a widespread basis." 4. Finally, the third manufacturer, Linear Modulation Technology Limited (LMT), a wholly-owned subsidiary of the Securicor Group plc, in a letter sent to Regina M. Keeney on February 1, 1995, also expresses support for the granting of an extension to December 31, 1995. LMT claims that, while it will be able to construct a significant number of 220 MHz systems by the April 4, 1995 deadline, it will not be able to deliver and construct by that date many of the orders for the "approximately one thousand full systems that licensees or managers of 220 MHz systems have attempted to place with LMT." LMT contends that, if those licensees who have tried to construct their systems by the deadline lose their licenses due to the unavailability of equipment, the prospects for the successful deployment of the 220 MHz service "will significantly diminish" and the U.S. 220 MHz industry will be placed "in serious jeopardy." 5. The manufacturers of 220 MHz equipment have indicated that, despite their best efforts, equipment ordered by many non-nationwide 220 MHz licensees will not be delivered in time to enable such licensees to construct their stations by April 4, 1995. The Bureau believes that these licensees should be afforded some measure of relief from the current construction deadline. The Bureau is also concerned that a number of licensees, aware of manufacturers' production difficulties, have delayed the placement of orders or have chosen not to place orders at all under the assumption that the orders could not be filled by April 4, 1995. Therefore, to provide relief to all licensees -- those that have placed orders as well as those that must still do so -- the Bureau extends to December 31, 1995 the deadline for non- nationwide 220 MHz licensees to construct their stations and place them in operation. 6. Accordingly, for good cause shown, IT IS ORDERED THAT the requests by SEA Inc., E.F. Johnson Company, Linear Modulation Technology Limited and other parties for extension of the deadline for construction of non-nationwide 220 MHz stations are GRANTED to the extent indicated herein and otherwise denied. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney Chief, Wireless Telecommunications Bureau