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Why is there an audit and who does it affect?

The Wireless Telecommunications Bureau (WTB) is conducting a license audit of certain site-specific licenses authorized under Part 22 and Part 90 of the Commission's rules to determine if they have permanently discontinued operations during the license term. This is the third audit conducted by the WTB. The audit consists of all licenses authorized under Part 22, Subpart E, Paging and Radiotelephone Service, with a “CD” radio service code and licenses authorized on the exclusive channels under Part 90, Subpart P, Paging Operations, with a “GS” radio service code. The spectrum audits are being performed to increase the accuracy of the Commission’s licensing database in order to efficiently and effectively manage the radio spectrum.

The licenses included in this audit are:

  • Part 22, Paging and Radiotelephone Service, and includes all licenses with a radio service code
  • Part 90, Paging Operations, and includes all private carrier paging licenses with a radio service code authorized on exclusive channels

This audit does not affect geographic-area licenses that were awarded as a result of an FCC auction or licenses in the radio service that are authorized on the five shared frequencies; 929.0375 MHz , 929.0625 MHz, 929.0875 MHz, 929.1625 MHz, and 929.2625 MHz.

When did the audit start?

During the week of September 27, 2004, WTB mailed audit letters to all licensees in the and (exclusive channels) radio services. Licensees were required to respond by November 12, 2004. On December 7, 2004, a second audit letter and notice of cancellation was mailed to licensees that did not respond to the first inquiry. Licensees are required to respond to the second inquiry within forty-five (45) days of the date on the letter. Information from the audit will automatically update the Commission licensing database.

What does the audit ask?

The audit requires licensees in the and (exclusive channels) radio services to certify that its authorized station(s) has not permanently discontinued operations during the license term as defined in Section 22.317. Section 22.317 states that “any station that has not provided service to subscribers for 90 continuous days is considered to have been permanently discontinued, unless the applicant notified the FCC otherwise prior to the end of the 90 day period and provided a date on which operation will resume, which date must not be in excess of 30 additional days.” Section 1.955 of the Commission’s rules requires a licensee to notify the Commission of the discontinuance by filing a FCC Form 601.

Do I need to respond?

If you are a licensee in the and/or (exclusive channels) radio service, you must timely respond to the audit request via the internet. To verify whether your license(s) is included in the audit and find out when the audit letter was mailed, you can search the Audit Database for the license call sign(s).

NOTE: If it is indicated that a letter was mailed but you have not received it, you are still required to notify the FCC of the current status of your license(s). If you did not receive your audit letter, you should verify the mailing address in ULS. If it is listed incorrectly, in addition to responding to the audit, you should file an application via ULS to correct this information. However, you still must respond to the audit using the Audit Filing.

When do I have to respond by?

You must respond within forty-five (45) days of the date on the audit letter. Failure to timely respond can lead to possible administrative sanctions, including loss of the license or monetary forfeitures.

How do I respond to the audit?

Licensees must respond, within forty-five (45) days of the date on the audit letter, via the internet, using the Audit Filing. Only electronic responses made at this internet site will be accepted. To submit a response, you will need your FCC Registration Number (FRN) and audit reference number. The audit reference number is located at the top of the audit letter and can also be located in the Audit Database If you do not have an FRN because you have not registered in the Commission Registration System (CORES), you will be able to register when you access the Audit Response Module by clicking on "Register in CORES."

NOTE: The audit letter also provides specific instructions on how to file a proper response.

When I access Audit Filing what will I see and what responses can I make?

Once you have entered your FRN, audit reference number, and certifier information, you will get a list of your call signs that are included in the license audit under the reference number entered. A response must be made for all stations under a call sign. Your response options are limited to “operational” or “cancel.” You must confirm that all stations licensed under a call sign have (1) not permanently discontinued operations pursuant to Section 22.317 and are, therefore, operational or (2) permanently discontinued operations as described under Section 22.317 and, therefore, the license has cancelled automatically. Where certain transmitter site location(s) and/or frequency(s) are operational, and other locations/frequencies under the same call sign have permanently discontinued operations, the options for responding are the same as the options for a call sign. Specifically, you must confirm that each site location and/or frequency is either (1) operational as defined above or (2) has permanently discontinued operations as defined above and has cancelled automatically. Once your responses have been entered, you will receive a confirmation message.

NOTE: By completing the certifier information, you are certifying that all statements/responses are true, correct, and made in good faith, and that you are duly authorized to sign for the licensee in these matters.

What if I receive multiple audit letters?

If you receive multiple audit letters, you must respond to the audit for each letter using the unique reference numbers located on each letter.

If I wish to make changes to my license, can I do so in Audit Filing?

No. You can not correct your mailing address, modify your station, or renew your license in the Audit Filing. You must file the appropriate application via ULS. Likewise, you can not respond to the spectrum audit by filing an application in ULS. You must respond by accessing the Audit Filing.

Wednesday, December 8, 2004