Spectrum Spotlight

On February 1, 2006, the FCC began to implement Universal Licensing System (ULS) Automatic Termination Feature, “Auto-Term,” to increase the accuracy of licensing records and expedite the reassignment of unused spectrum.

Key points are as follows:

If a licensee fails to commence service or operations by the expiration of its construction period, or to meet its coverage or substantial service obligations by the expiration of its coverage period, its authorization terminates automatically without specific Commission action on the date the construction notification or coverage period ends.

When construction requirements have been met, the Required Notification of Construction must be filed no later than 15 days after the build out deadline.

A Request for Extension of Time may be filed before the expiration of the construction coverage period.

This request does not automatically extend the construction or coverage period.

Any late filed construction notifications must include a request for waiver, certifying that while the Notification of Construction was not timely filed, the construction or coverage requirement was met, and must provide the date by which the licensee met that requirement.

A license identified by the ULS for not filing a Notice of Construction or extension will be placed in “Termination Pending” status.

The FCC will generate a weekly “Termination Pending” public notice of all licenses that fall into the “Termination Pending Status. In addition, a letter will be sent to the licensee at the address listed in the ULS announcing the pending termination of the license.

Only a Petition for Reconsideration will be allowed for submission at this point.

The Petition for Reconsideration must be filed within 30 days of the weekly “Termination Pending” public notice. (The Reconsideration Period)

The licensee will be unable to file new or modified applications in ULS associated with that license for any reason except to cancel the license.

Pending applications will be removed from processing and no action will be taken until the license is returned to Active or Terminated status, unless the applicant withdraws the application.

If the licensee cannot confirm that the deadline has been met and a Petition for Reconsideration has not been timely filed, the license termination becomes final at the end of the confirmation process.

If a Petition has been filed before the end of the 30 day reconsideration period, showing the requirements were met, the “Termination Pending” status will be removed in ULS, and returned to “Active” Status.

If no petition has been filed by the end of the 30 day reconsideration period, or a petition is denied, the ULS will change the status to “Terminated.”

Frequently asked questions and the FCC answers about Auto-Term are available at:

http://wireless.fcc.gov/licensing/const-req/autoterm-faq.html#q2.

For information on these FCC Public Notices, 800 MHz relocation issues, other spectrum, licensing or related technical services issues, contact Tina Jackson at (858) 484-8502 - tina.jackson@thespectrumfirm.com