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Ten Licensees Seek Extension for 700 MHz Band Construction

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Released: November 13, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500
Fax-On-Demand 202 / 418-2830
445 12th St., S.W.
TTY 202 / 418-2555

Washington, D.C.20554

Internet: http://www.fcc.gov
ftp.fcc.gov

DA 12-1827

Released: November 13, 2012

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUESTS FOR

WAIVER AND EXTENSION OF TIME TO CONSTRUCT 700 MHZ A AND B BLOCK

LICENSES

WT Docket 12-332

Comment Date: December 13, 2012
Reply Comment Date: December 28, 2012

By this Public Notice, the Wireless Telecommunications Bureau seeks comment on multiple
requests for an extension of time and for waiver of Section 27.14(g) of the Commission’s Rules1 filed by
ten licensees (Licensees) for their lower 700 MHz band economic area (EA) and cellular market area
(CMA) licenses.2
Section 27.14(g) of the Commission’s Rules require EA licensees holding authorizations for
Block A in the 698-704 MHz and 728-734 MHz bands and CMA licensees for Block B in the 704-710
MHz and 734-740 MHz bands to provide signal coverage and offer service over at least 35 percent of the
geographic area of their license no later than June 13, 2013, or within four years of initial license grant if
the initial authorization is granted after June 13, 2009 (Interim Construction Benchmark).3 If a licensee
for these particular blocks fails to meet the Interim Construction Benchmark, the term of that license will


1 47 C.F.R. § 27.14(g).
2 See Cox TMI Wireless, L.L.C. (Cox) Request for Extension of the Lower 700 MHz A Block Build-Out Deadline
(filed Oct. 12, 2012) (Cox Extension Request); Continuum 700 LLC (Continuum) Request for Limited Extension of
Initial Construction Benchmarks (filed Oct. 15, 2012) (Continuum Extension Request); Cincinnati Bell Wireless,
LLC (CBW) Exhibit 1 – Extension and Waiver Request (filed Oct. 15, 2012) (CBW Extension Request); Cavalier
Wireless, LLC (Cavalier) Request for Extension of the Initial Construction Benchmark (filed Oct. 15, 2012)
(Cavalier Extension Request); Cellular South Licenses, LLC (Cellular South) Request for Extension of Build Out
Requirements for A and B Block Licenses in the Lower 700 MHz Band (filed Oct. 16, 2012) (Cellular South
Extension Request); MetroPCS 700 MHz, LLC (MetroPCS) Exhibit 1 – Extension and Waiver Request (filed Oct.
18, 2012) (MetroPCS Extension Request); Toba Inlet PCS, LLC (Toba Inlet) Request for Limited Extension of
Initial Construction Benchmarks (filed Oct. 19, 2102) (Toba Inlet Extension Request); McBride Spectrum Partners,
LLC (McBride) Request for Limited Extension of Initial Construction Benchmarks, ULS File No. 0005455474,
(filed Oct. 26, 2012) (McBride A Block Extension Request); McBride Spectrum Partners, LLC (McBride) Request
for Limited Extension of Initial Construction Benchmarks, ULS File No. 0005455475 (filed Oct. 26, 2012)
(McBride B Block Extension Request); Nex-Tech Wireless, LCC (Nex-Tech) Request for Extension of Time and
Limited Waiver of Construction Requirements (Nex-Tech Extension Request) (filed Oct. 25, 2102); Triad 700, LLC
(Triad) Exhibit 1 – Extension and Waiver Request (filed Oct. 31, 2012) (Triad Request) (“Extension Requests”).
The Attachment to this Public Notice list the related Universal Licensing System (ULS) file numbers. The call
signs, EA’s, and CMA’s for which Cox, Continuum, CBW, Cavalier, Cellular South, MetroPCS, McBride, Nex-
Tech, Toba Inlet, and Triad request an extension are also listed in the Attachment to the Public Notice.
3 See 47 C.F.R. § 27.14(g).

be reduced by two years, and the licensee may be subject to enforcement action, including forfeitures,4
and may lose authority to operate in part of the remaining unserved areas of the license.5
In their individual requests, Licensees seek an extension or waiver of the Interim Construction
Benchmark for a period of at least two years from the applicable deadlines.6 All the Licensees generally
claim that an extension or a waiver is warranted for two primary reasons: (1) lack of interoperability in
the 700 MHz band, and (2) their “meaningful efforts” undertaken to meet the Interim Construction
Benchmark.7 Further, eight of the licensees claim an extension or waiver is warranted because of issues
regarding protection of TV Channel 51 stations, and three of the Licensees claim that high power 700
MHz band E Block operations have affected the ability to meet the deadline.8
Licensees state in their requests that there is a lack of interoperability in the 700 MHz band due to
the development of two Long Term Evolution (LTE) band classes that cover the lower 700 MHz paired
spectrum.9 Licensees assert that vendor resources are directed at only one of the band classes, which does
not cover the lower 700 MHz A Block.10 According to the Licensees, this has made it virtually
impossible for small rural and regional carriers, including the Licensees, “to obtain timely and cost
effective mobile devices.”11 Due to the lack of available devices, Licensees claim that they cannot offer
compelling or competitive services to potential customers and that it does not make economic sense to
build out a network.12
All of the Licensees also claim that they have each undertaken “meaningful efforts” to utilize
their spectrum and meet the Interim Construction Benchmark.13 For example, Cavalier, Continuum, Toba
Inlet, and Triad state they have engaged in engineering analyses and system planning, and initiated site


4 See 47 C.F.R. §27.14(g)(1).
5 See 47 C.F.R. § 27.14(g)(1). In December 2011 the Commission released a Public Notice reminding 700 MHz
licensees of their performance requirements and associated penalties. The Public Notice states that the Commission
intends to use its discretion to impose a reduction in license size only where the Wireless Telecommunications
Bureau staff determines that licensees have failed to undertake meaningful efforts to put spectrum to use. 700 MHz
Construction and Reporting Requirements
, Public Notice, DA 11-1981, 26 FCC Rcd 16442 (WTB rel. Dec. 6,
2011).
6 See generally Extension Requests. While each of the Licensees seeks an extension of at least two years from the
Interim Construction Benchmark, individual licensee requests may vary, e.g., seven of the Licensees seek an
extension of the applicable construction requirements for a period of two years but, in no event, less than two years
after the Commission renders a final ruling on interoperability in WT Docket No. 12-69. See e.g., Continuum
Waiver Request at 1; see Promoting Interoperability in the 700 MHz Commercial Spectrum, WT Docket No. 12-69,
Notice of Proposed Rulemaking, 27 FCC Rcd 3521 (Mar. 21, 2012) (700 MHz Interoperability NPRM).
7 See generally Extension Requests.
8 See Cavalier Waiver Request at 13-15; Continuum Extension Request at 7; McBride Extension Request at 6-8.
9 See generally Extension Requests. In the lower 700 MHz band, there are two different 3rd Generation Partnership
Project (3GPP) operating bands, Band Class 12 and Band Class 17. Band Class 12 covers operations in the lower A,
B, and C Blocks, and Band Class 17 covers operations in the lower B and C Blocks. See 700 MHz Interoperability
NPRM
at ¶ 10. Therefore, Band Class 17 devices do not operate on the lower A block.
10 See generally Extension Requests.
11 See Cellular South Extension Request at 7.
12 See generally Extension Requests.
13 Id.
2

exploration and lease planning.14 Further, Cellular South, Cox, Nex-Tech, and Triad claim that they have
unsuccessfully attempted to procure equipment that operates on their bands.15 MetroPCS states that it has
been proactive in addressing Channel 51 issues by conducting field tests, seeking technical solutions, and
pursuing voluntary negotiations.16
Eight of the Licensees claim that the problematic and changing role of Channel 51 presents an
additional basis for their requests for extension or waiver of the Interim Construction Benchmark.17 They
point out that an A Block licensee must ensure that its associated transmitters operate to reduce the
potential for interference of broadcast stations, such as Channel 51, creating a “protected zone” around
such stations.18 Licensees state that although A Block licensees were aware of certain difficulties
associated with Channel 51 when they obtained the licenses, they did not know, or could not reasonably
have been expected to know, all of the complications associated with Channel 51.19
Additionally, Cavalier, Continuum, and McBride claim that A Block licensees face an
interference threat from high power operations in the adjacent E Block.20 According to these licensees,
when the Commission created the 700 MHz band plan, it believed that the A Block would be adequately
protected from interference despite the different power limits for the A Block and E Block.21 However,
the three licensees assert that high power operations in the E Block “provide a real, substantial and
unanticipated negative impact on A Block operations.”22

Procedural Matters

Comments on the request are due no later than December 13, 2012. Reply comments are due
no later than December 28, 2012. All filings should reference the docket number of this proceeding,

WT 12-332.



14 See Cavalier Extension Request at 20; Continuum Extension Request at 18; Toba Inlet Extension Request at 10-
11; Triad Extension Request at 7-8.
15 See Cellular South Extension Request at 7-8; Cox Extension Request at 4-5; Nex-Tech Extension Request at 7-10;
Triad Extension Request at 5-7..
16 See MetroPCS Extension Request at 6-8. Cavalier, CBW and Continuum also argue that they haver55x attempted
to address Channel 51 issues. See Cavalier Extension Request at 12-13; CBW Extension Request at 4-6; Continuum
Extension Request at 13.
17 See Cavalier Extension Request at 7-12; CBW Extension Request at 4-12; Continuum Extension Request at 9-13;
Cox Extension Request at 7; McBride A Block Extension Request at 8-12; McBride B Block Extension Request at
7-8; MetroPCS Extension Request at 4-8; Toba Inlet Extension Request at 7-8; Triad Extension Request at 3-4. The
Lower A Block is adjacent to Channel 51 (692-698 MHz), which has been allocated for TV broadcast operations at
power levels of up to 1000 kW. See 700 MHz Interoperability NPRM at ¶ 7.
18 See generally Extension Requests; See 47 C.F.R. § 27.60.
19 See generally Extension Requests.
20 See Cavalier Extension Request at 13-15; Continuum Extension Request at 7-9; McBride A Block Extension
Request at 6-8. The Lower A Block is adjacent to the unpaired Lower 700 MHz E Block, where licensees may
operate at power levels up to 50kW. See 700 MHz Interoperability NPRM at ¶ 7.
21 See Cavalier Extension Request at 13-14; Continuum Extension Request at 7; McBride A Block Extension
Request at 6-7.
22 See Continuum Extension Request at 8; See Cavalier Extension Request at 15; McBride A Block Extension
Request at 7.
3

This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with
the Commission's ex parte rules.23 Persons making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral
ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which the ex parte presentation was made,
and (2) summarize all data presented and arguments made during the presentation. If the presentation
consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s
written comments, memoranda or other filings in the proceeding, the presenter may provide citations to
such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant
page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them
in the memorandum. Documents shown or given to Commission staff during ex parte meetings are
deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In
proceedings governed by rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in
this proceeding should familiarize themselves with the Commission’s ex parte rules.
Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or
by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg.
24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to
http:// www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic submission must be filed. If
multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or rulemaking number referenced in
the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal
Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters
should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the
message, “get form.” A sample form and directions will be sent in reply.
Parties who choose to file by paper must file an original and one copy of each filing. If more than
one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
-Effective December 28, 2009, all hand-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., S.W., Room TW-A325, Washington, D.C. 20554.
All hand deliveries must be held together with rubber bands or fasteners. Envelopes must be disposed of
before entering the building. The filing hours at this location are 8:00 a.m. to 7:00 p.m.

PLEASE
NOTE:

The Commission’s former filing location at 236 Massachusetts Ave., N.E. is permanently
closed.
-Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must
be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
-U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445
12th Street, S.W., Washington, D.C. 20554.


23See 47 C.F.R. §§ 1.1200(a), 1.1206.
4

Parties are requested to send one copy of their comments and reply comments to Best Copy and
Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (800) 378-
3160, e-mail FCC@BCPIWEB.com.
The request, and comments and reply comments filed in response to this Public Notice are
available for viewing via the Commission's Electronic Comment Filing System (ECFS) by entering the
docket number,

WT 12-332

. The documents also will be available for public inspection and copying
during business hours in the FCC Reference Information Center, Portals II, 445 12th Street S.W., Room
CY-A257, Washington, D.C. 20554. They may also be purchased from Best Copy and Printing, Inc.,
telephone (800) 378-3160, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail
FCC@BCPIWEB.com.
Alternate formats of this Public Notice (computer diskette, large print, audio recording, and
Braille) are available to persons with disabilities by contacting the Consumer & Governmental Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an e-mail to fcc504@fcc.gov.
For further information, contact Ms. Becky Schwartz of the Mobility Division, Wireless
Telecommunications Bureau at (202) 418-7178, or via e-mail at Becky.Schwartz@fcc.gov.
Action by the Chief, Mobility Division, Wireless Telecommunications Bureau.
- FCC -
5

ATTACHMENT

File numbers, Call Signs, Markets, and Channel Blocks for which extension and waiver

of Section 27.14(g) is requested by licensees

File

Market

Licensee Name

Number

Call Sign

Code

Market Description

Channel Block

Cavalier Wireless, LLC
0005448538
WQIZ388
BEA005
Albany-Schenectady-Troy, NY
A
Cavalier Wireless, LLC
0005448539
WQIZ389
BEA006
Syracuse, NY-PA
A
Cavalier Wireless, LLC
0005448540
WQIZ390
BEA008
Buffalo-Niagara Falls, NY-PA
A
Cavalier Wireless, LLC
0005448541
WQIZ391
BEA009
State College, PA
A
Cavalier Wireless, LLC
0005448542
WQIZ392
BEA011
Harrisburg-Lebanon-Carlisle, PA
A
Cavalier Wireless, LLC
0005448543
WQIZ393
BEA016
Staunton, VA-WV
A
Cavalier Wireless, LLC
0005448544
WQIZ394
BEA018
Greensboro-Winston-Salem-High Point, NC-VA
A
Cavalier Wireless, LLC
0005448545
WQIZ395
BEA021
Greenville, NC
A
Cavalier Wireless, LLC
0005448537
WQIZ360
BEA022
Fayetteville, NC
A
Cavalier Wireless, LLC
0005448546
WQIZ396
BEA023
Charlotte-Gastonia-Rock Hill, NC-SC
A
Cavalier Wireless, LLC
0005448547
WQIZ397
BEA024
Columbia, SC
A
Cavalier Wireless, LLC
0005448548
WQIZ398
BEA027
Augusta-Aiken, GA-SC
A
Cavalier Wireless, LLC
0005448549
WQIZ399
BEA035
Tallahassee, FL-GA
A
Cavalier Wireless, LLC
0005448550
WQIZ400
BEA037
Albany, GA
A
Cavalier Wireless, LLC
0005448551
WQIZ401
BEA041
Greenville-Spartanburg-Anderson, SC-NC
A
Cavalier Wireless, LLC
0005448552
WQIZ403
BEA047
Lexington, KY-TN-VA-WV
A
Cavalier Wireless, LLC
0005448553
WQIZ404
BEA056
Toledo, OH
A
Cavalier Wireless, LLC
0005448554
WQIZ405
BEA070
Louisville, KY-IN
A
Cavalier Wireless, LLC
0005448555
WQIZ406
BEA087
Beaumont-Port Arthur, TX
A
Cavalier Wireless, LLC
0005448556
WQIZ407
BEA132
Corpus Christi, TX
A
Cavalier Wireless, LLC
0005448557
WQIZ408
BEA133
McAllen-Edinburg-Mission, TX
A
Cavalier Wireless, LLC
0005448558
WQIZ409
BEA147
Spokane, WA-ID
A
Cavalier Wireless, LLC
0005448559
WQIZ410
BEA172
Honolulu, HI
A
Cellular South Licenses, LLC
0005449634
WQIZ423
BEA039
Columbus, GA-AL
A
Cellular South Licenses, LLC
0005449762
WQIZ424
BEA043
Chattanooga, TN-GA
A
Cellular South Licenses, LLC
0005449768
WQIZ425
BEA044
Knoxville, TN
A
Cellular South Licenses, LLC
0005449778
WQIZ426
BEA045
Johnson City-Kingsport-Bristol, TN-VA
A
Cellular South Licenses, LLC
0005449785
WQIZ427
BEA071
Nashville, TN-KY
A
Cellular South Licenses, LLC
0005449792
WQIZ428
BEA073
Memphis, TN-AR-MS-KY
A
Cellular South Licenses, LLC
0005449794
WQIZ429
BEA074
Huntsville, AL-TN
A
Cellular South Licenses, LLC
0005449801
WQIZ430
BEA075
Tupelo, MS-AL-TN
A
Cellular South Licenses, LLC
0005449804
WQIZ431
BEA076
Greenville, MS
A
Cellular South Licenses, LLC
0005449810
WQIZ432
BEA077
Jackson, MS-AL-LA
A
Cellular South Licenses, LLC
0005449818
WQIZ433
BEA078
Birmingham, AL
A
Cellular South Licenses, LLC
0005449823
WQIZ434
BEA079
Montgomery, AL
A
Cellular South Licenses, LLC
0005449828
WQIZ435
BEA080
Mobile, AL
A
Cellular South Licenses, LLC
0005449835
WQIZ436
BEA082
Biloxi-Gulfport-Pascagoula, MS
A
Cellular South Licenses, LLC
0005449837
WQIZ437
CMA226
Florence, AL
B
Cellular South Licenses, LLC
0005449843
WQIZ438
CMA249
Anniston, AL
B
Cellular South Licenses, LLC
0005449848
WQIZ439
CMA252
Pascagoula, MS
B
Cellular South Licenses, LLC
0005449852
WQIZ440
CMA265
Fort Walton Beach, FL
B
Cellular South Licenses, LLC
0005449858
WQIZ441
CMA272
Gadsden, AL
B
Cellular South Licenses, LLC
0005449861
WQIZ442
CMA283
Panama City, FL
B
Cellular South Licenses, LLC
0005449868
WQIZ443
CMA308
Alabama 2 - Jackson
B
Cellular South Licenses, LLC
0005449872
WQIZ444
CMA369
Florida 10 - Walton
B
Cellular South Licenses, LLC
0005449876
WQIZ445
CMA503
Mississippi 11 - Lamar
B
Cellular South Licenses, LLC
0005449879
WQIZ446
CMA648
Tennessee 6 - Giles
B
Cincinnati Bell Wireless LLC
0005448482
WQIZ531
BEA050
Dayton-Springfield, OH
A
Continuum 700 LLC
0005448437
WQLA794
BEA015
Richmond-Petersburg, VA
A
Continuum 700 LLC
0005448438
WQLA795
BEA026
Charleston-North Charleston, SC
A
Continuum 700 LLC
0005448439
WQLA796
BEA028
Savannah, GA-SC
A
Continuum 700 LLC
0005448440
WQLA797
BEA029
Jacksonville, FL-GA
A
Continuum 700 LLC
0005448433
WQLA790
BEA032
Fort Myers-Cape Coral, FL
A
Continuum 700 LLC
0005448442
WQLA799
BEA051
Columbus, OH
A
Continuum 700 LLC
0005448434
WQLA791
BEA150
Boise City, ID-OR
A
Continuum 700 LLC
0005448435
WQLA792
BEA152
Salt Lake City-Ogden, UT-ID
A
Continuum 700 LLC
0005448436
WQLA793
BEA156
Albuquerque, NM-AZ
A
Cox TMI Wireless, L.L.C.
0005445847
WQIZ534
BEA020
Norfolk-Virginia Beach-Newport News, VA-NC
A
Cox TMI Wireless, L.L.C.
0005445848
WQIZ535
BEA038
Macon, GA
A
Cox TMI Wireless, L.L.C.
0005445849
WQIZ536
BEA081
Pensacola, FL
A
Cox TMI Wireless, L.L.C.
0005445850
WQIZ537
BEA083
New Orleans, LA-MS
A
Cox TMI Wireless, L.L.C.
0005445851
WQIZ538
BEA084
Baton Rouge, LA-MS
A
Cox TMI Wireless, L.L.C.
0005445852
WQIZ539
BEA092
Fayetteville-Springdale-Rogers, AR-MO-OK
A
6

Cox TMI Wireless, L.L.C.
0005445853
WQIZ544
BEA153
Las Vegas, NV-AZ-UT
A
Cox TMI Wireless, L.L.C.
0005445854
WQIZ545
BEA158
Phoenix-Mesa, AZ-NM
A
Cox TMI Wireless, L.L.C.
0005445855
WQIZ546
BEA159
Tucson, AZ
A
Cox TMI Wireless, L.L.C.
0005445856
WQIZ547
BEA161
San Diego, CA
A
McBride Spectrum Partners,
LLC
0005455474
WQIZ576
BEA053
Pittsburgh, PA-WV
A
McBride Spectrum Partners,
LLC
0005455475
WQIZ577
CMA618
Pennsylvania 7 - Jefferson
B
Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH-
MetroPCS 700 MHz, LLC
0005452812
WQIZ578
BEA003
RI-VT
A
Nex-Tech Wireless, LLC
0005464851
WQJQ755
CMA349
Colorado 2 - Logan
B
Nex-Tech Wireless, LLC
0005464856
WQJQ757
CMA352
Colorado 5 - Elbert
B
Nex-Tech Wireless, LLC
0005464846
WQJQ762
CMA434
Kansas 7 - Trego
B
Nex-Tech Wireless, LLC
0005464859
WQJQ766
CMA440
Kansas 13 - Edwards
B
Toba Inlet PCS, LLC
0005455540
WQIZ635
CMA391
Idaho 4 - Elmore
B
Toba Inlet PCS, LLC
0005455541
WQIZ636
CMA617
Pennsylvania 6 - Lawrence
B
Triad 700, LLC
0005470825
WQJU653
BEA014
Salisbury, MD-DE-VA
A
Triad 700, LLC
0005470826
WQJU654
BEA054
Erie, PA
A
Triad 700, LLC
0005470827
WQJU655
BEA151
Reno, NV-CA
A
Triad 700, LLC
0005470828
WQJU656
BEA171
Anchorage, AK
A
7

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