**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | FCC File No. 0002706334      |
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| Cam Jo, Inc., DBA Clearwater     | ** |                              |
| Yellow Cab Pascot & Tarpon       |    |                              |
| Springs                          | *  |                              |
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| Application for Authority To     | ** |                              |
| Operate an Industrial Land       |    |                              |
| Transportation Station in St.    | *  |                              |
| Petersburg, Largo, Port Richey,  | *) |                              |
| Tampa, and Oldsmar, Florida      | ** |                              |
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| and                              | *  |                              |
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| Request for Waiver of 900 MHz    | ** |                              |
| Application Filing Freeze        |    |                              |
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**ORDER**

**Adopted: February 26, 2007 Released: February 26, 2007**

By the Deputy Chief, Mobility Division, Wireless Telecommunications
Bureau:

1.  *Introduction*. We address a request for waiver filed by Cam Jo,
    Inc., DBA Clearwater Yellow Cab Pascot & Tarpon Springs (Cam
    Jo).[^1] Cam Jo seeks a waiver of the 900 MHz application freeze[^2]
    prohibiting the filing of new license applications. Cam Jo requests
    a waiver to permit the processing of its application for frequencies
    formerly authorized to Cam Jo under 900 MHz Trunked, Industrial Land
    Transportation Station WPIF405 in the St. Petersburg/Tampa, Florida,
    area. For the reasons stated below, we grant the request for waiver
    and permit the processing of Cam Jo's application.

2.  *Background*. On March 3, 2000, the Commission authorized Cam Jo to
    operate the facilities authorized under Call Sign WPIF405. Cam Jo
    operates the station to provide taxi cab and other car/livery
    services in the greater St. Petersburg/Tampa, Florida, metropolitan
    area.[^3]

3.  On September 17, 2004, the Wireless Telecommunications Bureau
    (Bureau) instituted a freeze on new 900 MHz applications because it
    feared that the exceptionally large number of applications it had
    received could compromise its ability to accommodate displaced
    systems during the 800 MHz band reconfiguration process designed to
    resolve interference to public safety communications.[^4] The Bureau
    stated that it would continue to accept applications for license
    modification and would entertain requests for waiver of the 900 MHz
    application freeze.[^5] The Commission subsequently released a
    *Notice of Proposed Rulemaking* seeking comment on geographic
    licensing in the 900 MHz band, which reaffirmed the freeze and
    reiterated that it would consider requests for waiver of the
    freeze.[^6]

4.  On December 6, 2004, the Commission sent Cam Jo a license renewal
    reminder letter.[^7] Cam Jo, however, failed to file a license
    renewal application.[^8] On March 3, 2005, the authorization for
    Call Sign WPIF405 expired by its own terms. On August 8, 2006, Cam
    Jo filed the subject application, which seeks a new permanent
    authorization to cover its operation of the existing facilities.[^9]
    Cam Jo requests a waiver of the freeze on new 900 MHz license
    applications to permit the processing of its application.[^10]

5.  *Discussion*. To obtain a waiver of the Commission\'s Rules, a
    petitioner must demonstrate either that (i) the underlying purpose
    of the rule(s) would not be served or would be frustrated by
    application to the present case, and that a grant of the waiver
    would be in the public interest;[^11] or (ii) in view of unique or
    unusual factual circumstances of the instant case, application of
    the rule(s) would be inequitable, unduly burdensome, or contrary to
    the public interest, or the applicant has no reasonable
    alternative.[^12] We conclude that Cam Jo has demonstrated that its
    waiver request would not frustrate the underlying purpose of the
    freeze.

6.  The purpose of the 900 MHz Freeze is to preserve adequate spectrum
    resources during band reconfiguration as well as to preserve the
    spectrum landscape until the Commission resolves the geographic
    licensing issues raised in the *900 MHz NPRM*.[^13] With regard to
    the Freeze, Cam Jo seeks a waiver pursuant to the rules just cited
    and the *900 MHz NPRM*.[^14] Cam Jo contends that the purpose of the
    freeze would not be frustrated by grant of its request, that such a
    grant would serve the public interest, and that it would also avoid
    the imposition on Cam Jo of inequitable and otherwise undue
    burdens.[^15]

7.  Specifically, Cam Jo contends that the freeze was intended to ensure
    that Nextel Communications, Inc. (now Sprint Nextel), has the
    ability to obtain necessary spectrum in order to "house some of its
    systems while the 800 MHz band is reconfigured to abate unacceptable
    interference to public safety, critical infrastructure, and other
    'high site' 800 MHz systems."[^16] Cam Jo explains that its
    application only asks the Commission to reauthorize facilities that
    were already authorized and operational at the time the Commission
    imposed the Freeze.[^17] Because this spectrum was already
    encumbered and, thus, would not be available for use in connection
    with Nextel's re-banding efforts, but for Cam Jo's inadvertent
    failure to renew the subject license, Cam Jo claims it is "exactly
    the type of applicant contemplated by" the *900 MHz NPRM*.[^18] In
    addition Cam Jo contends that, in other cases where incumbent
    licenses have expired, the Commission has permitted the
    reauthorization of such licenses, even in the face of an ongoing
    application freeze.[^19]

8.  In support of its request, Cam Jo claims a waiver of the freeze in
    this instance would be in the public interest because Cam Jo
    operates this station in St. Petersburg, Largo, Port Richey, Tampa,
    and Oldsmar, Florida, as the provider of important taxi-cab and
    other car/livery services in those areas.[^20] Cam Jo explains that
    it provides transportation services to the disabled, senior
    citizens, veterans, and Medicaid recipients throughout that
    metropolitan area.[^21] In addition, because it offers what it
    contends are "unique livery and para-transit services," Cam Jo notes
    that the Florida counties of Hillsborough, Pasco, and Pinellas have
    in the past and would in the future likely rely upon Cam Jo to
    provide such specialized services as part of those counties'
    emergency evacuation plans.[^22] Finally, Cam Jo explains that its
    radios are necessary for Cam Jo's drivers to maintain voice and data
    communications with Cam Jo's dispatch center so that the status of
    the taxi-cabs and other car services is known at all times.[^23]

9.  Cam Jo also asserts a denial of its waiver request would be
    inequitable and otherwise unduly burdensome. First, because spectrum
    in the St. Petersburg/Tampa metropolitan area is congested, Cam Jo
    contends it is rather unlikely that it would be able to find
    alternate spectrum that would be suitable for such "exclusive use
    type" operations. Second, even if it were able to locate alternate
    spectrum, Cam Jo submits that its transition to that spectrum would
    require the costly replacement of Cam Jo's mobile repeater
    system.[^24]

10. As noted above, Cam Jo was licensed for Station WPIF405 until that
    license expired in March 2005. Thus, Cam Jo was authorized to
    operate Station WPIF405 prior to the Commission's decision to
    institute the 900 MHz Freeze. Cam Jo does not appear to seek to
    modify any of its formerly licensed channels. Because grant of the
    underlying application will restore the channels and the exact
    operating parameters of the previous authorization, we believe that
    grant of this waiver and our processing of the related application
    will not interfere with the spectrum needs associated with the 800
    MHz proceeding. Given that Cam Jo was an established 900 MHz
    licensee before the 800 MHz reconfiguration decision, it would not
    have been affected by the application freeze had it filed a timely
    renewal application. Thus, grant of the waiver will not interfere
    with the purpose of the 900 MHz Freeze.[^25]

11. Grant of the waiver request serves the public interest. The waiver
    permits the processing of an application that seeks to preserve a
    vital radio communications system that is used continually by Cam Jo
    and the drivers of its taxi cabs and other vehicles. Furthermore,
    grant of this waiver of the 900 MHz Freeze is important for the
    continued safe operation of Cam Jo's vehicle fleet in the St.
    Petersburg/Tampa metropolitan area, the transportation services its
    provides to the disabled, senior citizens, and others in need of its
    specialized services, and the availability of Cam Jo to help several
    Florida counties in emergencies.

12. For the aforementioned reasons, we grant Cam Jo's request for waiver
    of the 900 MHz Freeze and we permit the processing of its
    application. To the extent Cam Jo has operated on the subject
    frequencies without Commission authorization during periods after
    the expiration of the license for Station WPIF405 when Cam Jo did
    not have an STA, our decision is without prejudice to any
    Enforcement Bureau action.[^26]

13. Accordingly, IT IS ORDERED, pursuant to Sections 1 and 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i),
    and Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925, that
    the waiver request filed by Cam Jo, Inc., DBA Clearwater Yellow Cab
    Pascot & Tarpon Springs, on August 8, 2006, and amended September 5,
    2006, with FCC File No. 0002706334 IS GRANTED.

14. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), that
    application FCC File No. 0002706334, filed by Cam Jo, Inc., DBA
    Clearwater Yellow Cab Pascot & Tarpon Springs on August 8, 2006, and
    amended September 5, 2006, SHALL BE PROCESSED in accordance with
    this *Order*.

15. This action is taken under delegated authority pursuant to Sections
    0.131(a) and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131(a),
    0.331.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Katherine M. Harris

Deputy Chief, Mobility Division

Wireless Telecommunications Bureau

[^1]: *See* FCC File No. 0002706334, Application for Wireless
    Telecommunications Bureau Radio Service Authorization (filed Aug. 8,
    2006, amended Sept. 5, 2006) (Waiver Request).

[^2]: *See* Wireless Telecommunications Bureau Freezes Applications in
    the 900 MHz Band, *Public Notice*, 19 FCC 18277 (WTB 2004) (*900 MHz
    Freeze PN*); *see also* Amendment of Part 90 of the Commission's
    Rules to Provide for Flexible Use of the 896-901 MHz and 935-940 MHz
    Bands Allotted to the Business and Industrial Land Transportation
    Pool, WT Docket No. 05-62, *Notice of Proposed Rulemaking and
    Memorandum Opinion and Order*, 20 FCC Rcd 3814 (2005) (*900 MHz
    NPRM*).

[^3]: Waiver Request at 1.

[^4]: *See 900 MHz Freeze Notice*, 19 FCC Rcd at 18277-78.

[^5]: *Id.* at 18278 n.7.

[^6]: *See 900 MHz NPRM,* 20 FCC Rcd at 3836 ¶ 67.

[^7]: *See* FCC Renewal Reminder Letter (Dec. 6, 2004).

[^8]: *See* Waiver Request at 1.

[^9]: File No. 0002706334 (filed Aug. 8, 2006, amended Sept. 5, 2006).
    In a separate application dated Feb. 10, 2006, Cam Jo requested
    Special Temporary Authority (STA) to operate the subject 900 MHz
    Service facilities; this application was granted Feb. 16, 2006, with
    the assignment of call sign WQEK250. File No. 0002478956. In an
    application filed Aug. 11, 2006, Cam Jo filed to renew the STA which
    was granted Aug. 18, 2006. File No. 0002710304. Recently, in an
    application filed Feb. 12, 2007, Cam Jo sought to renew the STA
    again, which application was granted Feb. 13, 2007. File No.
    0002910685.

[^10]: Waiver Request at 0-1, 3.

[^11]: 47 C.F.R. § 1.925(b)(3)(i).

[^12]: 47 C.F.R. § 1.925(b)(3)(ii).

[^13]: *See 900 MHz Freeze PN*, 19 FCC Rcd 18277; *900 MHz NPRM*, 20 FCC
    Rcd at 3836 ¶ 67

[^14]: Waiver Request at 0-1 (*citing* 47 C.F.R. § 1.925 *and* 9*00 MHz
    NPRM*, 20 FCC Rcd at 3836 ¶ 67.)

[^15]: *Id*. at 0.

[^16]: *Id*. at 0 (*citing 900 MHz Application Freeze PN*).

[^17]: Waiver Request at 1.

[^18]: *Id*. at 1.

[^19]: *Id*. at 3 (*citing* In the Matter of Industrial Communications &
    Electronics, Inc., Station WNMD402 Reinstatement Application, File
    Nos. 659450, 694673, 695532, 694674, *Order on Reconsideration*, 13
    FCC Rcd 8417 (WTB CWD 1998)).

[^20]: Waiver Request at 1.

[^21]: *Id*.

[^22]: *Id*. at 2.

[^23]: *Id*.

[^24]: *Id*. at 2-3.

[^25]: *See, e.g.,* Disneyland Resort, File Nos. 0002018531 and
    0002018534, *Order*, 21 FCC Rcd 536 (WTB PSCID 2006).

[^26]: *See* 47 C.F.R. § 1.903 (authorization required). Notwithstanding
    our decision in this particular case, we caution that a licensee
    must abide by the Commission\'s filing deadlines. All licensees are
    responsible for filing renewal applications and related petitions in
    a timely manner. Thus, we admonish Cam Jo to conform to this
    requirement in the future and to take any necessary steps to avoid
    future occurrences, because the Commission does not routinely grant
    such waiver requests.