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Waiver of Cost Estimate Deadline

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Released: November 26, 2013

Federal Communications Commission

DA 13-2269

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Improving Public Safety Communications
)
in the 800 MHz Band
)
Docket No. 02-55
)
Gilcomm, LLC.
)

ORDER

Adopted:

November 26, 2013

Released:

November 26, 2013
By the Deputy Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau

I. INTRODUCTION

1. Under consideration is the “Request for Waiver Related to Commission November 20, 2013
Deadline for Submission of Estimates” (Request) filed by Gilcomm, LLC (Gilcomm) seeking an
extension of time within which to file a rebanding cost proposal with Sprint Corporation (Sprint) as part
of the Commission’s 800 MHz band reconfiguration initiative.1

II. DISCUSSION

2. Gilcomm operates an EDACS 800 MHz trunked network and an EF Johnson 800 MHz LTR
network in the Bakersfield, California area.2 Gilcom submits that 21 of its authorized channels must be
rebanded.3 It states that a substantial amount of cost data has been collected and a partial Transition Plan
has been drafted.4 However, given the mix of EDACS and LTR operations, Gilcomm submits that
additional time to complete estimates will be required as some issues have arisen that must be resolved to
assure that the estimates are accurate.5 Gilcomm requests a short extension of time until December 2,
2013 to submit its cost estimate to Sprint.6

III. DECISION

3. Section 1.46 of the Commission’s rules provides “It is the policy of the Commission that
extensions of time shall not be routinely granted.”7 The import of that rule is especially relevant to 800

1 Request for Waiver Related to Commission November 20, 2013 Deadline for Submission of Estimates submitted
by Gilcomm, LLC, (Nov. 20, 2013) re WNNJ606.
2 Id.
3 Id.
4 Id.
5 Id.
6 Id.
7 47 C.F.R. § 1.46.
1

Federal Communications Commission

DA 13-2269

MHz rebanding where delay in rebanding by one licensee can cause a “domino effect” delay in the
rebanding efforts of other licensees that have met the Commission’s 800 MHz band reconfiguration
deadlines, with a consequent delay of the overall program. We therefore afford a high degree of scrutiny
to the reasons licensees advance for extensions of time.8
4. In the instant matter, the extension of time requested is relatively modest and it is apparent
that the licensee has exercised diligence in drafting a partial Transition Plan and seeking to ensure the
accuracy of its costs estimates. We therefore are granting the requested extension, with the caveat to the
licensee that, upon submission of the cost proposal, it must diligently pursue the negotiation process with
Sprint and timely conclude an FRA.

IV. ORDERING CLAUSES

5. Accordingly, IT IS ORDERED that the Request for Waiver Related to Commission
November 20, 2013 Deadline for Submission of Estimates filed by Gilcomm, LLC, IS
GRANTED.
6. IT IS FURTHER ORDERED that Gilcomm, LLC, SHALL SUBMIT to Sprint Corporation, a
cost proposal for reconfiguration of 800 MHz facilities, call sign WNNJ606, by December 2, 2013.
7. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission’s rules, 47 C.F.R. §§ 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
Michael J. Wilhelm
Deputy Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau

8 See Regents of the University of California, WT Docket 02-55, Order, DA 13-2234, (PSHSB rel. Nov. 21, 2013).
2

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