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DIANNE FEINSTEIN

SELECT COMMITTEE ON INTELLIGENCE · CHAIRMAN

CALIFORNIA

COMMITTEE ON APPROPRIATIONS

COMMITTEE ON THE JUDICIARY

COMMITTEE ON RULES AND ADMINISTRATION

~ntteb~tate~ ~enate

14~

WASHINGTON, DC 20510-0504

http://felnsteln.senate.gov

July 14, 2014

Received & Inspected

JUL ·c: 1 LU14

The Honorable Tom Wheeler

Chairman

FCC Mail Room

Federal Communications Commission

445 lih Street SW

Washington, DC 20554

Dear Chairman Wheeler:

As you may know, in the wake of the tragic railroad accident on September 12,

2008, in Chatsworth, California that resulted in the death of 25 people, Congress

enacted the Rail Safety Improvement Act of 2008. This law mandates the

installation of Positive Train Control (PTC) for commuter and freight rail systems.

This is an essential, life-saving technology necessary to enhance the safety of our

nation's railroads, and I remain a strong supporter of rapid implementation of this

technology.

The Southern California Regional Rail Authority (Metro link) is on track to

be the first commuter railroad in the nation to implement PTC on its entire 512-

mile system. They initially sought FCC approval for the acquisition of spectrum to

implement PTC in March, 2010. I recognize that there have been several

complications in this matter, including the bankruptcy of the company from which

they contracted to purchase the spectrum. However, all filings have been

completed, and the matter has been ripe for a decision by the FCC for more than a

year, since June of2013.

I respectfully request that the Commission move as expeditiously as possible

to conclude its consideration of this application, so that Metrolink can have a

permanent solution to its PTC spectrum needs, one way or the other. I understand

that two distinct approvals for license transfers are needed from the FCC, from the

bankrupt company to its creditors, and then from the creditors to Metro link. If at

all possible, I would urge you to make these decisions at the same time, to resolve

this long-delayed matter as quickly as possible.

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Please note that I am not addressing the merits of the issues raised relative to

Metrolink's applications. I fully expect the Commission to dispose of those issues

consistent with its statutory authority and applicable administrative and judicial

precedent. But I encourage the Commission to take prompt steps to act on the

Metro link applications and related waiver requests, as this is an important matter of

public safety.

Thank you very much for your attention to this matter. Should you have any

questions or wish to discuss this matter, please do not hesitate to call me, or have a

member of your staff call my Chief Counsel, Neil Quinter, at 202-224-4933.

Dianne Feinstein

United States Senator

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