**DA 05 --2778**

**Released: October 25, 2005**

# WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES EXTENSION OF FILING AND REGULATORY DEADLINES FOR WIRELESS LICENSEES IN AREAS IMPACTED BY HURRICANE WILMA

Due to the devastation caused by Hurricane Wilma, President Bush issued
a major disaster declaration for certain parts of Florida on October 24,
2005.[^1] Pursuant to our authority to waive rules for good cause[^2]
and to alleviate any additional burden that may be caused by our filing
requirements and regulatory deadlines, the Wireless Telecommunications
Bureau (WTB) hereby extends until December 22, 2005, certain deadlines
occurring between October 23, 2005 and December 21, 2005, for affected
licensees and applicants in Florida and the Gulf of Mexico ("affected
areas"). In this context, "affected" licensees and applicants include
those licensees and applicants that operate facilities or, in a
significant manner essential to the business operation, rely on
personnel, records, or financial institutions located in these areas to
provide services or to conduct substantial business activities with the
Commission. We also provide guidance on how to submit hurricane-related
filings through the Universal Licensing System (ULS).

\(1\) **Extending certain application, notification, and report
deadlines**

We extend until December 22, 2005, deadlines associated with Wireless
Radio Service[^3] applications, notifications, and reports pursuant to
Parts 1 (Subpart F only), 13, 20, 22, 24, 27, 74 (excluding Subparts A,
G, and L), 80, 87, 90, 95, 97, or 101 of the Commission's rules
occurring between October 23, 2005 and December 21, 2005, including, but
not limited to, filings regarding license modifications, license
renewals, and notifications of construction. Licensees filing in
accordance with this extension must include with their filing a
certification upon the penalty of perjury that the deadlines could not
be met within the time otherwise provided in the Commission's rules
because of the hurricane.

\(2\) **Extending construction and other regulatory deadlines**

We also extend until December 22, 2005, all construction deadlines and
other regulatory deadlines applicable to wireless radio services
pursuant to Parts 1 (Subpart F only), 13, 20, 22, 24, 27, 74 (excluding
Subparts A, G, and L), 80, 87, 90, 95, 97, or 101 of the Commission's
rules occurring from October 23, 2005 to December 21, 2005.

\(3\) **Expediting processing of special temporary authority (STA)
requests**

In addition to the relief granted above, Section 1.931(a) of the
Commission's rules is hereby waived on our own motion through December
21, 2005, to allow the filing of special temporary authority (STA)
requests for Wireless Radio Services in manners other than
electronically on FCC Form 601.[^4] Furthermore, because the President
issued a major disaster declaration for Florida, all STA filings related
to Hurricane Wilma will be considered "emergency filings" pursuant to
Section 1.915(b) of the Commission's rules[^5] and will be processed as
expeditiously as possible. Affected licensees must include a
certification that the STA request is in response to the hurricane. To
file STA requests via email or fax, or to receive an oral STA, licensees
may contact the following personnel:

-   Parts 22, 24, and 27 (excluding the Broadband Radio Service and
    Educational Broadband Service): James Gumbert (202) 418-1337;
    fax (202) 418-1412; <James.Gumbert@fcc.gov>.

-   Parts 27 (Broadband Radio Service and Educational Broadband Service
    only), 74, and 101: Mary Shultz (717) 338-2656; fax (717) 338-2696;
    <Mary.Shultz@fcc.gov>.

-   Parts 87, 90, 95, and 97: Tracy Simmons (717) 338-2657; fax (717)
    338-2696; <Tracy.Simmons@fcc.gov>.

Licensees are reminded that Sections 22.307, 90.407, and 101.205 of the
Commission's rules address operation during periods of emergency for
licensees authorized under these rule parts.[^6] These rules allow
licensees to provide emergency communications during a period of
emergency in a manner or configuration not specified in the station
authorization or in the rules governing such stations.

\(4\) **Processing filings through the Universal Licensing System
(ULS)**

In order to allow WTB to process filings submitted through the Universal
Licensing System (ULS) as expeditiously as possible, a new "Attachment
Type" has been created in ULS called "Hurricane Relief." This Attachment
Type must be used to upload and attach to a filing a certification that
states "upon penalty of perjury that the deadlines could not be met
within the time otherwise provided in the Commission's rules because of
the hurricane." To provide the required certification, licensees and
applicants should upload a file with the certification, select
Attachment Type "Hurricane Relief," and enter "Hurricane Relief
Certification" in the File Description field on the Attachment Screen.
Filings submitted manually should include an attachment with the
hurricane-related certification and the following statement at the top
of the attachment: "Hurricane Relief Certification."

\(5\) **Avoiding payment of unnecessary fees**

Although this Public Notice extends certain filing and construction
deadlines for affected licensees and applicants, WTB cannot accurately
determine in advance which licensees are affected and are entitled to
relief. For example, some licensees in non-affected states may be
entitled to relief because they rely on personnel, records, or financial
institutions in the affected areas.  As a result, WTB cannot revise the
ULS in advance to reflect the new deadlines for affected entities. 
Instead, WTB will rely on certifications by licensees and applicants at
the time they submit their filings as proof that relief is due and the
filings are timely.  

 

Toward this end, WTB has developed a temporary procedure whereby
affected licensees and applicants will not be charged waiver fees if
filings are submitted pursuant to the relief provided in this Public
Notice and the steps outlined below are followed. 

First, applicants should answer "yes" to the Waiver question on the form
(question 11a on Form 601, 6a on Form 603, and 7 on Form 605) so that
ULS will accept the filing even though the filing date appears
untimely.  Second, applicants must choose the Attachment Type called
"Hurricane Relief" and provide the appropriate hurricane-related
certification.  By following these steps, applicants will avoid paying
unnecessary waiver fees. **Note:** A separate waiver justification is
not required as long as the filing is submitted pursuant to the relief
provided in this Public Notice. Failure to follow these instructions may
result in the rejection of the application or a charge for the fees.

\(6\) **Requesting a refund in the event that unnecessary fees are paid\
**

We realize that some parties may not be aware of these temporary filing
procedures when submitting filings and therefore may be charged
unnecessary waiver fees. In this light, WTB reminds parties that they
may request a refund of certain fees paid for a waiver pursuant to
section 1.1113 of the Commission's rules[^7] if the fee for a waiver was
unnecessarily paid because it was not required. In the event that
parties submitted an application and unnecessarily paid the fee because
the filing is in connection with the relief provided in this Public
Notice, a request for refund of the fee for the waiver may be submitted
to: Federal Communications Commission, 1270 Fairfield Road, Gettysburg,
PA 17325, Attention: Fee Refund. The request should include at the top
of the first page a statement that reads: "Application Waiver Fee Refund
Request -- Impacted by Hurricane Wilma," and a justification for the
requested fee refund. The justification must include the above-described
correct certification that the licensee or applicant was at the time an
affected licensee or applicant, and that the application was submitted
within the period permitted by this Public Notice. These requests will
be processed on an expedited basis. Failure to comply with this guidance
and to provide the required information will delay the processing of any
request for refund.

For additional information regarding submitting filing via ULS please
contact the ULS Customer Support Hotline via eSupport at
eSupport.fcc.gov or by telephone at (877) 480-3201 (TTY) (717) 338-2824,
or (717) 338-2888 and select option 2. Hours are from 8 a.m. to 7:00
p.m. Eastern Time, Monday through Friday (except Federal holidays). To
provide quality service and ensure security, all telephone calls are
recorded.

By the Acting Chief, Wireless Telecommunications Bureau

**\--FCC\--**

[^1]: *See* <http://www.fema.gov/news/newsrelease.fema?id=20006>
    (October 24, 2005)*.* The major disaster declaration provides for
    federal aid beginning on October 23, 2005.

[^2]: 47 C.F.R. § 1.3.

[^3]: *Wireless Radio Services.* All radio services authorized in Parts
    13, 20, 22, 24, 27, 74, 80, 87, 90, 95, 97 and 101 of this chapter,
    whether commercial or private in nature.

[^4]: 47 C.F.R. § 1.931(a).

[^5]: 47 C.F.R. § 1.915(b).

[^6]: ^?^ 47 C.F.R. §§ 22.307, 90.407, 101.205.

[^7]: 47 C.F.R. § 1.1113.