Federal Communications Commission
Washington, D.C. 20554
April 29, 2013
Mr. Mike Jeffres
Public Safety Systems Manager
State of Nebraska
P.O. Box 30370
2200 N 33
Lincoln, NE 68503
State of Nebraska Request for Renewal and Reinstatement of Call Signs KA87195 and
Dear Mr. Jeffres:
On November 15, 2012, on behalf of the State of Nebraska (Nebraska), you filed two waiver
requests to permit the renewal of the licenses for VHF Conventional Public Safety Stations, call signs
KA87195 and KCQ251, both of which expired on November 12, 2012.1 Because Nebraska failed to file
its renewal application for the stations prior to the date of their expiration, it now requests a waiver of
Section 1.949(a) of the Commission’s rules2 to permit the renewal of its expired licenses.3 For the
reasons stated below, we deny Nebraska’s Waiver Requests.
The Commission sent a license renewal reminder notice to Nebraska on August 20, 2012.4
Nebraska did not file a timely renewal application and the licenses expired on November 12, 2012. In its
waiver requests, Nebraska seeks waiver of Section 1.949(a) of the Commission’s rules – the rule
requiring licensees to renew their licenses prior to expiration. Nebraska filed an identical waiver request
with a construction notification application for call sign KA87195. It also filed a license cancellation
application for call sign KCQ251. The Commission dismissed both applications because they were filed
after the expiration of Nebraska’s licenses.5
Nebraska states that that “it mistakenly failed to renew [these] licenses and missed the renewal
deadline.”6 Nebraska states that it is in the process of “documenting its FCC licenses and updating for
1 Waiver Request, (filed Nov. 15, 2012) attached to Call Sign KA87195 and Waiver Request, attached to Call Sign
KCQ251 (filed Nov. 15, 2012) (collectively Waiver Requests).
2 47 C.F.R. § 1.949(a).
3 Waiver Requests.
4 Renewal Reminder Notice, Ref. Nos. 5430423 and 5430424 (Aug. 20, 2012).
0005529270 (filed Dec. 3, 2012) (construction notification regarding KA87195) and 0005582483 (filed Dec.
31, 2012) (license cancellation application regarding KCQ251).
6 Waiver Requests.
Mr. Mike Jeffres
narrow banding prior to the end of the year.”7 Nebraska states that it relies on the frequencies “for
essential law enforcement duties.”8
Pursuant to the Commission’s rules, licensees must file renewal applications no later than the
expiration date of the license for which renewal is sought.9 Licenses automatically terminate upon the
expiration date, unless a timely application for renewal is filed.10
The Commission’s policy regarding reinstatement procedures in the Wireless Radio Services is as
follows: Renewal applications that are filed up to thirty days after the expiration date of the license will
be granted nunc pro tunc
if the application is otherwise sufficient under the Commission’s Rules, but the
licensee may be subject to an enforcement action for untimely filing and unauthorized operation during
the time between the expiration of the license and the untimely renewal filing.11 Applicants who file
renewal applications more than thirty days after the license expiration date may also request renewal of
the license nunc pro tunc
, but such requests will not be routinely granted, will be subject to stricter
review, and also may be accompanied by enforcement action, including more significant fines or
forfeitures.12 In determining whether to reinstate a license, we consider all of the facts and circumstances,
including the length of the delay in filing, the reasons for the failure to timely file, the potential
consequences to the public if the license should terminate, and the performance record of the licensee.13
Taking into consideration the Commission’s above policy regarding license reinstatement
procedures, we now consider the merits of Nebraska’s Waiver Requests. A waiver of the Commission’s
rules may be granted where the applicant demonstrates that (1) the underlying purpose of the rule would
not be served or would be in the public interest; or (2) in view of unique or unusual factual circumstances
of the instant case, application of the rule would be inequitable, unduly burdensome or contrary to the
public interest, or the applicant has no reasonable alternative.14
Based on the facts before us, we find that Nebraska has satisfied neither prong of the
Commission’s general waiver standard. Specifically, Nebraska makes no showing that the underlying
purpose of Section 1.949(a) – to preserve the integrity and administration of the Commission’s licensing
processes – would not be served or would be frustrated by application to Nebraska in the instant case.
Nor does Nebraska demonstrate that its inadvertent failure to renew a license in a timely manner is a
unique and unusual circumstance such that application of the rule would be unduly burdensome or
contrary to the public interest to warrant a waiver in this instance. In reaching this decision, we note that
9 47 C.F.R. § 1.949(a).
10 47 C.F.R. § 1.955(a)(1).
11 Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the
Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless
Telecommunications Services, Memorandum Opinion and Order on Reconsideration
, WT Docket No. 98-20, 14
FCC Rcd 11476, 11485 ¶ 22 (1999) (ULS MO&O
. at 11486 ¶ 22.
. at 11485 ¶ 22.
14 47 C.F.R. § 1.925(b)(3).
Mr. Mike Jeffres
each licensee is solely responsible for knowing the terms of its license and submitting a renewal
application to the Commission in a timely manner.15
We also find that waiver relief in this instance would not be consistent with the public interest.
The Commission has stated that it will not afford special consideration to licensees for failing to file a
timely renewal application merely because the licensee engages in activities relating to public health or
safety.16 Taking into account all the facts and circumstances of the instant matter, we therefore conclude
that grant of Nebraska’s Waiver Requests is not warranted.17 Should Nebraska desire to use the
frequencies for which it previously was licensed, it may obtain an authorization for the frequencies by
filing a new, properly coordinated application. If Nebraska needs to operate on the frequencies while the
application is coordinated and processed, it may file a request for special temporary authority pursuant to
Section 1.931 of the Commission’s rules.18 Finally, in connection with use of the frequencies under Call
Signs KA87195 and KCQ251, we remind Nebraska of the Commission’s VHF/UHF narrowbanding
policy, which requires private land mobile radio (PLMR) licensees in the 150-174 MHz and 421-470
MHz (VHF/UHF) bands to operate using channel bandwidth of no more than 12.5 kHz, or equivalent
efficiency, by January 1, 2013.19
Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of
1934, as amended, 47 U.S.C. §§ 154(i), 309, and Section 1.925 of the Commission’s rules, 47 C.F.R. §
1.925, that the request for waiver of Section 1.949(a) of the Commission’s rules filed November 15, 2012
by the State of Nebraska IS DENIED.
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.
Michael J. Wilhelm
Deputy Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau
15 ULS MO&O
, 14 FCC Rcd at 11485 ¶ 21; Amendment of Parts 1 and 90 of the Commission’s Rules Concerning
the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Report and Order
, PR Docket
No. 90-481, 6 FCC Rcd 7297, 7301 n.41 (1991).
. at 7301 ¶ 20.
, WSYX Licensee, Inc., Order
, 15 FCC Rcd 19084 (WTB PSPWD 2000) (denying a request for waiver of
Section 1.949 of the Commission’s Rules to allow submission of late-filed renewal applications after the licenses
expired, and dismissing the subject applications).
47 C.F.R. §1.931.
19 See, e.g.
, Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of
Engineering and Technology Provide Guidance on Compliance With Narrowband Requirement Now in Effect for
Private Land Mobile Radio Operations in the 150-174 MHz and 421-470 MHz Bands, Public Notice
, 28 FCC Rcd
2296 (WTB/PSHSB/OET 2013).