Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * |                              |
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| FCI 900, Inc. Expedited Request  | ) |                              |
| For 3-Year Extension Of 900 MHz  | * |                              |
| Band Construction Requirements   | * |                              |
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| Neoworld License Holdings, Inc.  | ) |                              |
| Request For Waiver Of 900 MHz    | * |                              |
| Band Construction Requirements   | * |                              |
| And Petition For Declaratory     |   |                              |
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+----------------------------------+---+------------------------------+

**MEMORANDUM OPINION AND ORDER**

Adopted: May 25, 2001 Released: May 25, 2001

By the Chief, Wireless Telecommunications Bureau:

I.  **INTRODUCTION**

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1.  The Wireless Telecommunications Bureau (Bureau) has before it a
    Request for Expedited Waiver filed on January 9, 2001 by FCI 900,
    Inc., a wholly-owned subsidiary of Nextel Communications, Inc.
    (collectively, Nextel),[^1] and a Request for Waiver and Petition
    for Declaratory Ruling filed on January 10, 2001 by Neoworld License
    Holdings, Inc. (Neoworld), an indirect wholly-owned subsidiary of
    Neoworld License Holdings, LLC.[^2] Neoworld and Nextel seek
    extension of the construction requirements in Section 90.665(c) of
    the Commission's rules, which requires 900 MHz Specialized Mobile
    Radio (SMR) service Major Trading Area (MTA)[^3] licensees to
    provide coverage to at least two-thirds of the MTA population within
    five years of original license grant or to demonstrate at the
    five-year mark that they are providing substantial service.[^4] In
    addition, Neoworld requests a declaratory ruling regarding the
    elements of a substantial service demonstration under Section
    90.665(c). For the reasons stated below, we find that the public
    interest would be served by an extension of the five-year
    construction requirement from August 12, 2001[^5] until December 31,
    2002 for all MTA licensees in the 900 MHz band.[^6] We decline at
    this time, however, to issue the declaratory ruling requested by
    Neoworld regarding demonstration of substantial service under
    Section 90.665(c). [^7]

    **II. BACKGROUND**

**A. 900 MHz Specialized Mobile Radio** **Construction** **Rules**

A.  

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2.  Section 90.665(c) of the Commission's rules requires a 900 MHz MTA
    licensee to construct and place into operation a sufficient number
    of base stations to provide coverage to at least one-third of the
    population of its MTA within three years of original license grant,
    and at least two-thirds of the MTA population within five years of
    original license grant.[^8] Alternatively, Section 90.665(c)
    provides that an MTA licensee may demonstrate to the Commission at
    the five-year mark that it is providing substantial service.[^9]
    Section 90.665(d) provides that if an MTA licensee fails to timely
    meet these construction requirements, it forfeits the license except
    for any grandfathered sites it held prior to MTA licensing.[^10]

3.  In FCC Auction No. 7, the Commission auctioned 1,019 900 MHz SMR
    licenses in 51 MTAs. The FCC granted most of the licenses on August
    12, 1996.[^11] The Section 90.665(c) 5-year construction deadline
    for most 900 MHz MTA licensees therefore is August 12, 2001. The top
    three bidders by number of licenses won in Auction No. 7 were Geotek
    Communications, Inc. (Geotek, 181 licenses), Nextel (bidding as FCI
    900, Inc., 177 licenses), and Paging Network, Inc. (PageNet, 126
    licenses). Geotek and PageNet subsequently filed for bankruptcy
    protection. In January 2000, the Bureau approved Nextel's
    acquisition of 109 MTA licenses from Geotek.[^12] In August 2000,
    the Bureau approved Neoworld's acquisition of 79 MTA licenses from
    Geotek.[^13] In November 2000, PageNet merged with Arch Wireless,
    Inc. (Arch).[^14] Arch subsequently filed an application to assign
    the former PageNet licenses and an additional 8 MTA licenses to
    Nextel,[^15] which the Bureau grants today.[^16]

**B. Neoworld Waiver Request**

B.  

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4.  On August 4, 2000, the Bureau approved the assignment of 79 of
    Geotek's 900 MHz licenses in fourteen MTAs to Neoworld.[^17] In its
    Waiver Request, Neoworld states that it intends to use these
    licenses to deploy a nationwide 900 MHz digital dispatch system, but
    that it is not possible to secure digital voice equipment in time to
    meet the August 12, 2001 construction deadline.[^18] Shortly after
    acquiring its 900 MHz licenses, Neoworld entered into an agreement
    with Motorola to deliver initial system infrastructure by February
    2001, with subscriber equipment delivery by August 2001.[^19]
    Neoworld states that if system testing is successful, it will
    commence service in the Chicago MTA in August 2001 and that, by
    December 2001, it will serve at least seven additional MTAs.[^20]
    Neoworld states that, by December 2002, it will serve more than ten
    additional MTAs.[^21] Neoworld requests an extension for itself,
    until December 31, 2002, to demonstrate coverage to at least
    two-thirds of the population of each MTA.[^22] In its Reply
    Comments, however, Neoworld urges the Commission to apply any
    extension of the construction requirements to *all* 900 MHz MTA
    licensees.[^23] Neoworld also requests a declaratory ruling that, if
    it has not achieved two-thirds population coverage within each MTA
    by December 31, 2002, it will be deemed to have satisfied its
    substantial service obligations if it is making at least twenty
    channels available to its customers in each MTA and has made a
    satisfactory demonstration of service to the public.[^24]

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C.  **Nextel Waiver Request**

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5.  Nextel presently holds 379 licenses in the 900 MHz band, at least
    one in 47 of the 51 MTAs.[^25] Nextel contends that it could build
    analog facilities in time to meet the 5-year construction deadline,
    but that such construction would be contrary to the public
    interest.[^26] Nextel also contends that the relatively short
    construction period for 900 MHz MTA licenses (five years compared to
    ten years in other services)[^27] and the lack of 900 MHz digital
    voice network equipment, "warrant\[\] an extended construction
    period not only for Nextel, but for all 900 MHz MTA licensees."[^28]
    Nextel argues that a waiver is necessary because digital voice
    equipment is not yet available to integrate its 900 MHz spectrum
    into its existing nationwide 800 MHz integrated Digital Enhanced
    Network (iDEN).[^29] According to Nextel, an extension of the
    construction requirement would also enable the company to deploy a
    digital 900 MHz "pico cell" technology developed by Littlefeet, Inc.
    to resolve coverage holes, and to alleviate near-far interference
    between its 800 MHz commercial operations and adjacent 800 MHz
    public safety communications systems.[^30] Nextel initially
    requested a three-year extension of the 5-year construction deadline
    for all 900 MHz MTA licensees,[^31] indicating that a three-year
    extension would enable the company to deploy advanced 800/900 MHz
    iDEN service throughout its nationwide network.[^32] On March 19,
    2001, however, Nextel advised the Commission that the projected
    delivery and implementation schedule for 900 MHz digital equipment
    had substantially improved and would allow Nextel, barring
    unforeseen circumstances, to meet the 900 MHz MTA five-year
    construction requirements by December 31, 2002.[^33]

    **III. DISCUSSION**

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A.  **Extension of the Construction Requirement**

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6.  As explained below, we find that the record supports an extension of
    the five-year 900 MHz MTA construction requirements for all 900 MHz
    MTA licensees.[^34] We find that an extension will serve the public
    interest because it will allow the introduction of innovative
    digital 900 MHz voice services, thus benefiting consumers and
    promoting competition.[^35] By this Order, we extend the deadline
    for meeting the five-year 900 MHz MTA construction requirements
    until December 31, 2002.[^36]

7.  The record reflects that Nextel, Neoworld, and other 900 MHz MTA
    licensees intend to deploy advanced digital 900 MHz systems, but
    that digital voice equipment will not be commercially available in
    sufficient quantities in time to meet the five-year construction
    deadline.[^37] Records of the Commission's Office of Engineering and
    Technology confirm that, as of February 7, 2001, there was no 900
    MHz SMR digital voice equipment (using any of the four major digital
    technologies)[^38] type accepted for marketing, sale, and use in the
    United States. Commenco states that "there is no 900 MHz digital SMR
    equipment to buy."[^39] DW states that it "has not been able to
    obtain a commitment for the provision of digital equipment."[^40]
    Majestic explains that "the lack of 900 MHz SMR digital equipment .
    . . has delayed the ability of 900 MHz licensees to construct
    systems with long term commercial viability within the limited time
    period prescribed by the Commission's rules."[^41] The record also
    reveals, however, that digital equipment will soon become available
    to licensees in the 900 MHz band. Neoworld, for example, expects
    Motorola to deliver subscriber equipment by August 2001.[^42] Nextel
    anticipates that Motorola will deliver dual-band 800/900 MHz
    equipment in the first quarter of 2002.[^43]

8.  We find that extension of the 900 MHz MTA construction deadline will
    promote the public interest by facilitating the deployment of
    advanced 900 MHz digital voice technologies. The record demonstrates
    substantial public interest benefits associated with deploying
    digital voice technology to provide SMR services. The *Fifth
    Competition Report*, for example, explains that "digital
    technologies have enabled SMR providers to become more significant
    competitors in mobile telephone markets,"[^44] because digital
    technology enables service providers to expand their "capacity
    without degradation of service for existing customers."[^45] Added
    capacity, in turn, allows carriers to provide advanced services such
    as short messaging service.[^46] AMTA states that digital technology
    is vital "to remain competitive and to satisfy increasingly
    sophisticated customer demands."[^47] Nextel notes that digital
    technologies will provide "cost savings, increased customer
    capacity, enhanced system robustness, improved coverage, accelerated
    introduction of 3G services, and additional flexibility to mitigate
    and/or prevent interference with certain adjacent channel 800 MHz
    public safety communications systems."[^48] MobileCall states that
    digital technology will "provide the spectrum and cost efficiencies
    the dispatch market so critically needs."[^49]

9.  By contrast, the public interest would be ill served by compelling
    900 MHz MTA licensees to devote scarce resources to the construction
    of stopgap legacy analog systems in order to meet the five-year
    construction deadline. The record demonstrates that demand for
    analog technology is decreasing in the mobile telephone sector, in
    which numerous SMR providers compete. In 1999, the number of analog
    subscribers declined "from 48.5 million to 41.9 million."[^50] At
    the same time, the number of digital subscribers "doubled from
    approximately 20.7 million to 44.1 million."[^51] Commenco states
    that "\[t\]here is no question that digital is well on its way to
    replacing analog as the technology of choice . . . ."[^52] AMTA
    notes "that a number of its members with MTA authorizations,
    \[including\] . . . small operators holding as little as a single
    ten-channel block in a single MTA, have deferred system
    implementation in the hope that they would have an opportunity to
    choose between analog and digital technology."[^53] We find that
    subscribers would incur inconvenience and expense if they must
    acquire and subsequently change out obsolete analog handsets. The
    handsets will have little or no market value and subscribers would
    experience downtime. One 900 MHz MTA operator contends that
    "construction of analog facilities, then promptly discarding all of
    that equipment to replace it with digital equipment . . . would have
    to be reflected in higher prices to the public."[^54]

10. We also find that extension of the 900 MHz MTA construction deadline
    will facilitate Nextel's deployment of innovative digital 900 MHz
    "pico cell" technology developed by Littlefeet, Inc.[^55]
    Significantly, this new technology will mitigate near-far
    interference between Nextel's nationwide 800 MHz SMR system and
    adjacent 800 MHz public safety communications systems and can be
    used to resolve coverage holes as well.[^56] Nextel's scheduled
    implementation (July 2001) of this low-power, low-height technology
    would be adversely affected by a requirement to deploy the
    high-power, high site analog facilities necessary to meet the
    present five-year construction deadline.[^57]

11. Although only Nextel and Neoworld filed extension requests, we
    conclude based on the record in this proceeding that extension of
    the construction deadline for all 900 MHz SMR licensees is
    appropriate. The record demonstrates that a number of licensees
    intend to deploy digital 900 MHz equipment to provide advanced
    services.[^58] Affording all 900 MHz licensees additional time to
    deploy digital equipment will serve the public interest by enhancing
    competition among 900 MHz licensees and between 900 MHz licensees
    and other digital CMRS providers. An extension for all 900 MHz MTA
    licensees also will speed the delivery of innovative services to the
    public, and obviate the need for licensees to construct obsolete
    analog systems solely to satisfy the present five-year construction
    deadline. Accordingly, we find that relief for all 900 MHz MTA
    licensees is warranted.

12. We note as well that the 16-month extension of the construction
    deadline that we adopt today will not undermine the Commission's
    policy against spectrum warehousing, as Southern LINC contends.[^59]
    The record confirms that extension of the construction deadline is
    necessitated by the near-term lack of digital 900 MHz voice
    equipment.[^60] The record, moreover, demonstrates that Nextel and
    Neoworld are committed to rapidly deploying 900 MHz digital
    equipment, rather than warehousing spectrum.[^61] Just 90 days after
    its authorizations were issued, Neoworld entered into an agreement
    to purchase digital equipment from Motorola, with delivery of
    initial system infrastructure and subscriber equipment by February
    and August 2001, respectively.[^62] Nextel will take delivery of
    Motorola 800/900 MHz dual band iDEN handsets and begin seeding the
    market in the first quarter of 2002,[^63] and intends to deploy 900
    MHz digital network infrastructure in the second quarter of
    2002.[^64]

13. Saia Communications, Inc. (SAIA), SBT, and Southern LINC argue that,
    instead of granting a three-year extension, the Commission should
    re-auction any spectrum that is not utilized by the present
    five-year 900 MHz MTA construction deadline.[^65] Each of these
    parties contends that Nextel's original request for a three-year
    extension of the construction deadline (until August 2004) would
    unduly and unnecessarily delay the introduction of service in the
    900 MHz band. Southern LINC does not oppose Neoworld's request for a
    more limited extension of the construction deadline until December
    31, 2002.[^66] As discussed above, Nextel has recently indicated
    that the projected delivery and implementation schedule for 900 MHz
    digital equipment has substantially improved and would allow Nextel
    to meet the five-year construction requirements by December 31,
    2002.[^67] Nextel, moreover, has stated that it would construct
    analog facilities rather than lose valuable 900 MHz spectrum.[^68]
    We expect that many other 900 MHz MTA licensees would also construct
    analog facilities to avoid forfeiting their licenses. We also note
    that no objecting party has suggested that it would deploy a
    technologically innovative service if we declined to grant an
    extension.[^69]

14. Contrary to arguments by SAIA and Southern LINC, we find that an
    extension of the deadline under these circumstances is not
    inconsistent with the *PageNet Order.*[^70] The Commission there
    denied PageNet's request for a five-year extension of, or
    forbearance from, the 900 MHz five-year construction deadline.[^71]
    SAIA argues that the *PageNet Order* requires rejection of Nextel's
    and Neoworld's requests for an extension of the 900 MHz construction
    deadline in this proceeding.[^72] Southern LINC claims that the
    Nextel waiver request is "highly comparable."[^73] We disagree. The
    record indicates that the factors that led the Commission to deny
    PageNet's request for an extension of, or forbearance from, the
    construction deadline do not exist here. First, unlike PageNet,
    Nextel and Neoworld do not seek relief limited to themselves; they
    request relief for all 900 MHz MTA licensees.[^74] Second, PageNet
    sought a five-year extension, while the extension that we grant here
    is significantly shorter and tied to the availability of needed
    equipment.[^75] Third, in the *PageNet Order* the Commission found a
    lack of record "evidence demonstrating that PageNet has taken
    measures since the grant of its licenses to utilize the 900 MHz SMR
    spectrum."[^76] By contrast, the evidence in this proceeding
    demonstrates that Nextel and Neoworld are taking concrete steps to
    deploy digital 900 MHz voice equipment.[^77]

15. Finally, we reject arguments by SAIA that both waiver requests are
    procedurally defective and should be dismissed without
    prejudice.[^78] SAIA states that Nextel filed its waiver request in
    paper form, rather than electronically through the Commission's
    Universal Licensing System (ULS). SAIA also asserts that Neoworld
    did not file its request on ULS. SAIA contends that "failure to
    employ ULS . . . renders it difficult to assess precisely which
    licenses are covered by the requests."[^79]

16. First, Neoworld's Waiver Request was properly filed and assigned ULS
    File No.0000320045.[^80] Neoworld also provided a list of MTAs where
    it holds 900 MHz licenses.[^81] Second, although Nextel's paper
    filing of its waiver request does not comply with the electronic
    filing requirements of Section 1.913(b),[^82] it is clear which
    licenses are covered by the request because Nextel unequivocally
    seeks relief on behalf of all 900 MHz MTA licensees.[^83] Section
    1.925(a) of the Commission's rules provides that the Commission may,
    on its own motion, waive specific requirements of its rules.[^84] We
    find that Nextel's request for relief for all licensees in the 900
    MHz band warrants waiver of the electronic filing requirement
    contained in Section 1.913(b) with respect to Nextel's Waiver
    Request.[^85]

> **B. Neoworld Declaratory Ruling Request**

17. Neoworld requests a declaratory ruling that, if it has not achieved
    two-thirds population coverage within each MTA by December 31, 2002,
    it will be deemed to have satisfied its substantial service
    obligations if it is making at least twenty channels available to
    its customers in each MTA and has made a "satisfactory
    demonstration" of service to the public.[^86] Neoworld asserts that
    "the substantial service test contemplates a showing of ongoing
    commitment to system implementation, although not necessarily on an
    MTA-by-MTA basis."[^87]

18. We are unable to rule meaningfully on Neoworld's request because it
    has not sufficiently described how it would make "a satisfactory
    demonstration of service to the public."[^88] We take this
    opportunity to clarify that 900 MHz MTA licensees seeking to satisfy
    the construction requirement by a showing of substantial service
    must make that showing on an MTA-by-MTA basis. Our decision not to
    rule on Neoworld's request at this time does not preclude Neoworld
    from seeking a ruling at a later date based on a more substantial
    factual showing.

**IV. ORDERING CLAUSES**

19. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
    Communications Act, as amended, 47 U.S.C. § 154(i), and Section
    1.925(a) of the Commission's rules, 47 C.F.R. § 1.925(a), the
    electronic filing requirement contained in Section 1.913(b) of the
    Commission's rules, 47 C.F.R. § 1.913(b), is waived with respect to
    the Request for Expedited Waiver filed by FCI 900, Inc. on January
    9, 2001.[^89]

20. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the
    Communications Act, as amended, 47 U.S.C. § 154(i), Section 5(e) of
    the Administrative Procedure Act, 5 U.S.C. § 5(e), and Sections 1.4,
    1.925(c), and 90.665(c) of the Commission's rules, 47 C.F.R. §§ 1.4,
    1.925(c), and 90.665(c), the Request for Expedited Waiver filed by
    FCI 900, Inc. on January 9, 2001[^90] and the Request for Waiver of
    900 MHz Band Construction Requirements and Petition for Declaratory
    Ruling filed by Neoworld License Holdings, Inc. on January 10, 2001
    are granted to the extent indicated above.

    FEDERAL COMMUNICATIONS COMMISSION

    Thomas J. Sugrue

> Chief, Wireless Telecommunications Bureau

Appendix A, Parties Filing Comments on Waiver Requests

American Mobile Telecommunications Association, Inc.

Arch Wireless, Inc. (Nextel Request Only)

Chadmoore Wireless Group, Inc.

Commenco Wireless, L.L.C.

DW Communications, Inc.

Houston 936 SMR, Inc.

Mobilecall, Inc.

Neoworld License Holdings, Inc. (Nextel Request only)

Nextel Communications, Inc. (Neoworld Request only)

Pat Thess

Saia Communications, Inc.

Small Business in Telecommunications

Southern LINC (Nextel Request only)

Western NY SMR Net L.L.C. (Nextel Request only)

Appendix B, Parties Filing Reply Comments on Waiver Requests

Arch Wireless, Inc. (Nextel Request only)

Independence Communications, Inc.

Majestic Communications, Inc.

Neoworld License Holdings, Inc.

Nextel Communications, Inc.

[^1]: *See* Letter dated January 9, 2001 from Robert S. Foosaner, Senior
    Vice President, Government Affairs, Nextel to Thomas J. Sugrue,
    Chief, Wireless Telecommunications Bureau, Federal Communications
    Commission (Nextel Request) and *Public Notice,* \"Wireless
    Telecommunications Bureau Seeks Comment on FCI 900, Inc.\'s
    Expedited Request for 3-Year Extension of 900 MHz Band Construction
    Requirements,\" DA 01-121 (2001 WESTLAW 40756 FEDCOM FCC library)
    (WTB rel. Jan. 18, 2001).

[^2]: *See* Request for Waiver of 900 MHz Band Construction Requirements
    and Petition for Declaratory Ruling (Neoworld Request) and *Public
    Notice,* "Wireless Telecommunications Bureau Seeks Comment on
    Neoworld License Holdings, Inc.\'s Request for Waiver of 900 MHz
    Band Construction Requirements and Petition for Declaratory Ruling,"
    DA 01-122 (2001 WESTLAW 40758, FEDCOM FCC library) (WTB rel. Jan.
    18, 2001). Appendices A and B hereto provide a list of parties
    filing comments and replies in this proceeding, respectively.

[^3]: MTAs are based on material copyrighted by Rand McNally & Company,
    1992.

[^4]: 47 C.F.R. § 90.665(c).

[^5]: The FCC granted most 900 MHz MTA licenses on August 12, 1996.
    *See* *Public Notice,* "FCC Announces Grant of 900 MHz Specialized
    Mobile Radio MTA Licenses," 12 FCC Rcd. 13055 (1996). The Section
    90.665(c) 5-year construction deadline for most licensees therefore
    is August 12, 2001.

[^6]: If a 900 MHz MTA licensee's five-year construction date is after
    December 31, 2002, its five-year construction deadline is not
    affected by this order.

[^7]: 47 C.F.R. § 90.665(c).

[^8]: *Id.*

[^9]: At the three-year construction deadline, each licensee was
    required to notify the Commission either that it had met the
    one-third-coverage requirement or that it intended to submit a
    showing of substantial service at the five-year mark. The Bureau
    waived the requirement that licensees that elect substantial service
    indicate, at the three-year mark, how they intend to demonstrate
    substantial service at the five-year mark. *See* Construction
    Requirements for Metropolitan Area-Based Licenses in the
    896-901/935-940 MHz Band, *Order,* DA 99-1564 (WTB rel. Aug. 6,
    1999).

[^10]: 47 C.F.R. § 90.665(d).

[^11]: *See* *Public Notice,* "FCC Announces Grant of 900 MHz
    Specialized Mobile Radio MTA Licenses," 12 FCC Rcd. 13055 (1996).

[^12]: Geotek Communications, Inc., *Memorandum Opinion and Order* 15
    FCC Rcd. 790 (WTB 2000), *recon. denied*, (2001 WESTLAW 15660,
    FEDCOM FCC library) (WTB rel. Jan. 9, 2001).

[^13]: In re Applications of Neoworld License Holdings, Inc.,
    *Memorandum Opinion and Order*, 15 FCC Rcd. 13410 (WTB rel. Aug. 4,
    2000). The 14 MTAs are Atlanta, Boston, Chicago, Dallas, Denver,
    Detroit, Houston, Miami, New York, Philadelphia, San Francisco,
    Seattle, Tampa, and Washington, D.C./Baltimore. In June 1998, Geotek
    filed a voluntary petition for reorganization under Chapter 11,
    Title 11 of the U.S. Code. Thereafter, Geotek's creditors filed
    applications to assign a number of Geotek's 900 MHz MTA licenses to
    Neoworld. For a detailed history of the Geotek reorganization and
    subsequent events, see Hughes Network Systems Wilmington Trust
    Company, *Order*, 15 FCC Rcd. 15837 (WTB rel. Aug. 23, 2000). On
    September 30, 2000, Neoworld advised the Commission that it intended
    to demonstrate substantial service to the 14 MTAs five years from
    the original grant of licenses to Geotek (*i.e.*, by August 12,
    2001). Application of Neoworld License Holdings, Inc., Required
    Notification, File No. 000222256, filed Sept. 20, 2000.

[^14]: *See* Arch Communications Group, Inc. and Paging Network, Inc.,
    WT Docket No. 99-365, *Memorandum Opinion and Order* (WTB rel. Apr.
    25, 2000). On December 8, 2000, Arch advised the FCC that it had
    consummated the PageNet merger effective November 10, 2000. *See*
    FCC File No. 0000053846.

[^15]: *See* *Public Notice*, "Arch Wireless, Inc. and Nextel
    Communications, Inc. Seek Consent to Assign 900 MHz SMR Licenses,"
    DA 01-499 (2001 WESTLAW 40758, FEDCOM FCC library) (WTB rel. Feb.
    26, 2001).

[^16]: In re Application of AWI Spectrum Co., LLC, Assignor; and ACI
    900, Inc. Assignee, *Order*, DA 01-1268, File No. 00003700897 (WTB
    rel. May 25, 2001)

[^17]: In re Applications of Neoworld License Holdings, Inc.,
    *Memorandum Opinion and Order*, 15 FCC Rcd. 13410 (WTB rel. Aug. 4,
    2000).

[^18]: Neoworld Request at 23.

[^19]: *Id.* at 13.

[^20]: *Id.* at 13-14. In addition to the former Geotek MTAs, Neoworld
    has an assignment application (file no. 0000284824) pending for the
    New Orleans MTA, and has entered into binding agreements to acquire
    the licenses for Buffalo, Jacksonville, Los Angeles, Phoenix,
    Portland, and San Antonio MTAs.

[^21]: *Id.* at 14-15.

[^22]: *Id.* at 15.

[^23]: Neoworld Reply Comments at 5 (filed Feb. 8, 2001).

[^24]: Neoworld Request at 15.

[^25]: In a separate order today, the Bureau grants the assignment of
    134 MTA licenses in the 900 MHz band from Arch to Nextel. *See*
    n.16, *supra*. The Bureau also recently consented to an assignment
    of 59 MTA licenses in the 900 MHz band from Motorola to Nextel.
    *See* In Re Applications of Motorola, Inc.; Motorola SMR, Inc.; and
    Motorola Communications and Electronics, Inc. Assignors; and FCI
    900, Inc. Assignee, *Order*, DA 01-947 (2001 WESTLAW 388253, FEDCOM
    FCC library) (WTB rel. Apr. 17, 2001). According to FCC records,
    Motorola and Nextel have not yet consummated that assignment.

[^26]: Nextel Request at 3.

[^27]: *See, e.g.,* 47 C.F.R. § 24.203(a) (30 MHz broadband PCS
    licensees).

[^28]: Nextel Request at 1.

[^29]: *Id.* at 2.

[^30]: *Id.* at 5.

[^31]: *Id.* at 8.

[^32]: *Id.*

[^33]: *See* Letter dated March 19, 2001 from Lawrence R. Krevor, Vice
    President, Government Affairs, Nextel to Michael Ferrante, Wireless
    Telecommunications Bureau, Federal Communications Commission (Nextel
    March 19, 2001 *Ex Parte*).

[^34]: Thirteen of the sixteen parties in this proceeding support an
    extension of the construction deadline for all 900 MHz MTA
    licensees. Nextel Request at 1; Neoworld Reply at 2. *See* Comments
    filed February 1, 2001 of American Mobile Telecommunications
    Association, Inc. at 1 (AMTA), Arch Wireless, Inc. at 3 (Arch),
    Chadmoore Wireless Group, Inc. at 2 (Chadmoore), Commenco Wireless,
    L.L.C. at 1 (Commenco), DW Communications, Inc. at 5 (DW), Houston
    936 SMR Inc. at 1 (Houston 936), MobileCall, Inc. at 1 (MobileCall),
    Pat Thess at 1 (Thess), Western NY SMR Net L.L.C. (Western NY), and
    Reply Comments filed February 8, 2001 of Independence
    Communications, Inc. at 1 and Majestic Communications, Inc. at 2
    (Majestic). One of the three parties opposing industry-wide relief,
    Southern LINC, does not oppose relief limited to Neoworld. Southern
    LINC *Ex Parte* Submission at 2 (filed March 2, 2001). Saia
    Communications, Inc. (SAIA) and Small Business in Telecommunications
    (SBT) both oppose extension of the five-year construction
    requirement. *See* SAIA Opposition to Requests for Waiver (filed
    Feb. 1, 2001) (SAIA Opposition) and SBT Comments on Neoworld Request
    (filed Feb. 1, 2001) and SBT Comments on Nextel Request (filed Feb.
    1, 2001).

[^35]: A party seeking waiver of a Commission rule must show that
    "\[t\]he underlying purpose of the rule(s) would not be served, or
    would be frustrated by application to the instant case, and that a
    grant of the request would be in the public interest . . . ." 47
    C.F.R. § 1.925(b)(3)(i). Alternatively, a party may show that
    "\[i\]n 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." 47 C.F.R. §
    1.925(b)(3)(ii).

[^36]: The five-year construction deadline for most 900 MHz MTA
    licensees is August 12, 2001 because most licenses were granted on
    August 12, 1996. *See* Public Notice, "FCC Announces Grant of 900
    MHz Specialized Mobile Radio MTA Licenses," 12 FCC Rcd. 13055
    (1996). If a 900 MHz MTA licensee's five-year construction date is
    after December 31, 2002, its five-year construction deadline is not
    affected by this order.

[^37]: *See* Nextel Request at 1 and Neoworld Request at 13.

[^38]: The four technologies are Code Division Multiple Access (CDMA),
    iDEN, Global System Mobile Communications (GSM), and Time Division
    Multiple Access (TDMA).

[^39]: Commenco Comments at 1.

[^40]: DW Comments at 1. *See also* Chadmoore Comments at n.1
    ("Chadmoore has consistently planned on constructing the 900 MHz
    licenses utilizing digital technology."); Houston 936 SMR Comments
    at 1 ("Neoworld and Nextel have aptly explained the reason why many
    MTA licensees have been delayed in building systems as hoped -
    chiefly, the lack of available 900 MHz SMR digital equipment.").

[^41]: Majestic Reply Comments at 1-2.

[^42]: Neoworld Request at 13.

[^43]: Nextel March 19, 2001 *Ex Parte* at 1.

[^44]: Implementation of Section 6002(b) of the Omnibus Budget
    Reconciliation Act of 1993, Annual Report and Analysis of
    Competitive Market Conditions with Respect to Commercial Mobile
    Services, *Fifth Report*, 15 FCC Rcd. 17660, 17689 (2000) (*Fifth
    Competition Report*).

[^45]: *Id.* at 17686.

[^46]: *Id.*

[^47]: AMTA Comments at ¶ 10.

[^48]: Nextel Request at 2-3.

[^49]: MobileCall Comments at 1; Thess Comments at 1 (digital SMR
    technology will provide "features and efficiencies more and more
    customers demand").

[^50]: *Fifth Competition Report*, 15 FCC Rcd. at 17672.

[^51]: *Id.*

[^52]: Commenco Comments at 1.

[^53]: AMTA Comments at ¶ 14.

[^54]: DW Comments at p. 2.

[^55]: Nextel Request at 5-7.

[^56]: *Id.* at 6.

[^57]: *Id.* at 7.

[^58]: *See* discussion at ¶ 7, *supra**.***

[^59]: Southern LINC Comments at 10 (filed Feb. 1, 2001).

[^60]: *See* discussion at ¶ 7, *supra**.***

[^61]: In fact, Nextel asserts that it could build analog facilities in
    time to meet the 5-year construction deadline, but that such
    construction would be contrary to the public interest. Nextel
    Request at 3.

[^62]: Neoworld Reply Comments at 9. "Neoworld contacted a number of
    potential suppliers and had serious discussions with two prior to
    making its equipment choice." *Id.,* n.18.

[^63]: Nextel March 19, 2001 *Ex Parte* at 1.

[^64]: *Id.*

[^65]: SAIA Opposition at 5; SBT Comments on Nextel Request at 3; SBT
    Comments on Neoworld Request at 3; Southern Linc Comments at 8.

[^66]: *See* Southern LINC *Ex Parte* Submission at 2, dated March 6,
    2001.

[^67]: Nextel March 19, 2001 *Ex Parte*.

[^68]: Nextel Request at 3, 8-9.

[^69]: The only alternative use suggested by an objecting party is the
    provision of analog SMR service in one particular market. SAIA
    Opposition at n.1.

[^70]: Paging Network, Inc., Request for Waiver of Section 90.665 of the
    Commission\'s Rules Relating to the

    Construction of 900 MHz SMR MTA Facilities, *Order*, 15 FCC Rcd.
    12141 (2000) (*PageNet Order*).

[^71]: *Id.*

[^72]: SAIA Opposition to Requests for Waiver at 3-4 (filed Feb. 1,
    2001) (SAIA Opposition); Southern LINC Comments at 11.

[^73]: Southern LINC *Ex Parte* Submission at 4 (filed March 2, 2001).

[^74]: In PageNet, the Commission observed that "there is nothing in the
    record to suggest that forbearance is warranted for PageNet but not
    other 900 MHz SMR licensees." *PageNet Order*, 15 FCC Rcd. at 12146,
    ¶ 16.

[^75]: *Id.*

[^76]: *Id.*, 15 FCC Rcd. at 12144 ¶ 10.

[^77]: *See* Nextel March 19, 2001 *Ex Parte* at 1; Neoworld Reply
    Comments at n.18.

[^78]: SAIA Opposition at 2-3.

[^79]: *Id.* at n.3.

[^80]: ULS File Number 00000241755, cited by SAIA in its Opposition, was
    assigned to an earlier-filed Waiver Request which was withdrawn
    voluntarily by Neoworld, effective January 6, 2001.

[^81]: Neoworld Waiver Request, Schedule A.

[^82]: 47 C.F.R. § 1.913(b).

[^83]: Nextel Waiver Request at 1.

[^84]: 47 C.F.R. § 1.925(a).

[^85]: We note that Nextel could not have filed individual waiver
    requests on ULS for the 900 MHz MTA licenses that it does not hold.
    SAIA also argues that Neoworld's request should be dismissed for
    non-remittance of a filing fee. SAIA Opposition at 3. Nextel
    remitted a single waiver fee of \$145 with its request. Pursuant to
    Section 1.1116(b) of the Commission rules, 47 C.F.R. § 1.1116(b),
    the FCC billed Neoworld and Nextel the appropriate fees and assessed
    a late charge of 25%. Both parties have since remitted the
    appropriate fees and late charges.

[^86]: Neoworld Request at 15.

[^87]: *Id.* at 16.

[^88]: *Id.*

[^89]: *See* Letter dated January 9, 2001 from Robert S. Foosaner,
    Senior Vice President, Government Affairs, Nextel to Thomas J.
    Sugrue, Chief, Wireless Telecommunications Bureau, Federal
    Communications Commission.

[^90]: *Id.*