Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of Application of  | * | FCC File No. A034030         |
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| JSM SYSTEMS, INC.                | ) |                              |
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| For New Business Radio           | * |                              |
| Service-Conventional Station at  |   |                              |
| Sheboygan, Wisconsin             | * |                              |
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**ORDER ON RECONSIDERATION**

**Adopted: November 27, 2000 Released: November 28, 2000**

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:

1.  *Introduction.* On December 2, 1999, JSM Systems, Inc. (JSM) filed a
    petition for reconsideration (Petition) of the action by the
    Licensing and Technical Analysis Branch (Branch), Public Safety and
    Private Wireless Division, Wireless Telecommunications Bureau
    dismissing the above-captioned application for a new authorization
    in the Business Radio Service. For the reasons discussed below, we
    deny the Petition.

2.  *Background*. On February 22, 1999, JSM, through the Personal
    Communications Industry Association (PCIA), a FCC-certified
    frequency coordinator, filed the above-captioned application.[^1] On
    June 7, 1999, the Branch returned the application to PCIA seeking an
    antenna structure registration number for one of the proposed sites
    and a statement justifying the number of mobile units requested.[^2]
    The June 7^th^ Return Notice stated that the Application,
    supplemented with the requested information, had to be resubmitted
    within sixty days.[^3] On or about August 4, 1999, JSM provided the
    needed information to PCIA.[^4] On August 12, 1999, PCIA asked the
    Branch for additional time to provide the necessary information.[^5]
    On August 25, 1999, the Branch granted PCIA an additional sixty days
    to provide the missing information, and warned that a failure to
    comply with the request could result in the Application being
    dismissed.[^6] On October 22, 1999, PCIA resubmitted the Application
    to the Branch with the antenna structure registration number, but
    without the requested loading information. Consequently, on November
    3, 1999, the Branch dismissed the Application as defective, in
    accordance with former Section 1.958 of the Commission's Rules,[^7]
    because of the lack of a loading justification.[^8]

3.  *Discussion*. In the Petition, JSM seeks reinstatement of the
    Application. JSM maintains that it complied in good faith with the
    Commission's request and provided PCIA the requested information in
    a timely fashion, but that PCIA subsequently failed to provide the
    loading information to the Branch.[^9] JSM argues that because the
    Commission requires applicants in the Business Radio Service seeking
    a new frequency assignment or modification of an existing
    authorization to submit their applications through a frequency
    coordinator,[^10] applicants must relinquish control of their
    applications to third parties over which they have no control.[^11]
    JSM contends that this policy caused them to be unjustly harmed by
    the dismissal of their application because the frequency coordinator
    it used failed to submit its information in a timely fashion.[^12]

4.  We have reviewed the record in this matter and find that there is
    not a sufficient basis for reversing the Branch's decision. In this
    regard, we believe that the Branch acted properly in dismissing the
    application before it, which was devoid of a loading justification.
    While JSM contends that it provided the loading information to PCIA,
    it has not shown that the Branch received any loading information
    regarding the subject application. Because of the large number of
    applications reviewed by the Commission, an applicant must be
    responsible for the accuracy and adequacy of any submission made on
    its behalf.[^13] Thus, we believe that JSM should have taken steps
    to ensure that PCIA forwarded all relevant documents to the
    Commission in a timely and complete fashion. Under the circumstances
    presented, we are not persuaded that the apparent lack of
    communication and/or coordination between PCIA and JSM warrants
    reconsideration of the subject action.[^14] We nonetheless note that
    JSM has the option of submitting another application for a Business
    Radio Service authorization.

5.  Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 405 of
    the Communications Act, as amended, 47 U.S.C. §§ 154, 405, and by
    Section 1.106 of the Commission\'s

    Rules, 47 C.F.R. § 1.106, the Petition for Reconsideration filed on
    December 2, 1999, by JSM Systems, Inc., IS DENIED.

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

FEDERAL COMMUNICATIONS COMMISSION

D'wana R. Terry

Chief, Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: The Branch assigned this application FCC File No. A034030
    (Application).

[^2]: *See* Application Return Notice, from Branch to PCIA, dated June
    7, 1999 (June 7^th^ Return Notice).

[^3]: *Id*.

[^4]: *See* Petition, Exhibit B.

[^5]: *See* Petition, Exhibit C.

[^6]: *See* Application Return Notice, from Branch to PCIA, dated August
    25, 1999.

[^7]: 47 C.F.R. § 1.958 (1999) (currently 47 C.F.R. § 1.934(c)).

[^8]: *See* Notice of Application Dismissal from Branch, to JSM, dated
    November 3, 1999.

[^9]: *See* Petition at 2-3. JSM provided a copy of its correspondence
    with PCIA on this issue as an attachment to its Petition. *See*
    Petition, Exhibit F.

[^10]: *See* 47 C.F.R. § 90.135 and 47 C.F.R. § 90.175.

[^11]: Petition at 2.

[^12]: *Id.*

[^13]: *See* Request for Review of the Universal Service Administrator
    by United Talmudical Academy, New York, *Order*, 15 FCC Rcd. 423,
    431 ¶15 (2000).

[^14]: *See* Mobile Relay Associates, Inc., *Order on Reconsideration*,
    15 FCC Rcd. 18855, 18856 ¶ 3 (WTB PSPWD 2000).