> DA 04-1553
>
> June 8, 2004

**Wireless Telecommunications Bureau Lists Private Land Mobile Licenses
Cancelled as a Result of the Spectrum Audit**

By this Public Notice, the Wireless Telecommunications Bureau (Bureau)
informs the public of the call signs of licenses that have cancelled
automatically as a result of their construction and operational status.
Such cancellation was discovered as a result of the Private Land Mobile
Radio (PLMR) Spectrum Audit conducted by the Bureau.

Since August 2001, the Bureau has been conducting an audit of the
construction and operational status of certain PLMR stations, involving
approximately 420,000 call signs. As part of the audit, the Bureau sent
letters to licensees inquiring about the construction and operational
status of the subject call signs. The audit includes most PLMR Stations
(radio services IG, YG, PW, YW)[^1] licensed on frequencies below 512
MHz that are subject to frequency coordination and rule-based
construction and operational requirements.[^2] Part 90 of the
Commission's Rules governing PLMR facilities requires construction
within a specified time and requires that stations remain operational in
order for the FCC license to remain valid. Specifically, when a licensee
fails to construct its authorized PLMR facilities within the requisite
construction period or discontinues operation for a consecutive period
of one year, the license cancels automatically and the licensee is
required to notify the FCC.[^3]

As part of the final phase of the PLMR Spectrum Audit, the Bureau
announced in two *Public Notices* earlier this year how it intended to
handle both audit letters that were returned to the Commission as
undeliverable and audit letters that were delivered but for which no
response has been received by the Commission.[^4] Specifically, the FCC
stated in these *Public Notices* that a failure to respond within the
specified time frame would result in the licenses in question being
deemed to have cancelled automatically. In regard to those licensees who
have not responded to the audit, the Bureau stated that on February 27,
2004, it would send out a third and final letter. Licensees were given
until March 31, 2004, to provide a response. In the case of
undeliverable letters, the Bureau stated licensees had 30 days from
publication of the *Public Notice* in the Federal Register to respond to
avoid a presumption that the licenses have cancelled automatically.[^5]

The Bureau has not received a valid response within the specified time
frame to any of the audit letters for the station licenses (call signs)
that are set forth in Appendix A.[^6] Consequently, these station
licenses have been deemed to have cancelled automatically pursuant to 47
C.F.R. § 90.155(a) or § 90.157 of the Commission's Rules as of the
deadlines established in the February 9^th^ *Public Notices*. Action
will be taken in the Universal Licensing System (ULS) to reflect the
termination of these licenses. Once a license has been placed in
terminated status in ULS, applicants may apply for frequency
coordination and file an application with the Commission.

For additional information on the PLMR spectrum Audit, please visit the
PLMR audit web site at
[http://wireless.fcc.gov/licensing/audits/plmrs]{.underline} or call
1-888-225-5322 and select option 2.

Action by Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau.

\- FCC -

[^1]: IG -- Industrial/Business Pool, Private, Conventional; YG -
    Industrial/Business Pool, Private, Trunked; PW -- Public Safety
    Pool, Conventional; YW -- Public Safety Pool, Trunked.

[^2]: *See* 47 C.F.R. §§ 90.155, 90.157.

[^3]: *Id.*

[^4]: *See* Wireless Telecommunications Bureau Announces Final Phase of
    the Private Land Mobile Radio Station Construction and Operational
    Status Audit, *Public Notice,* DA 04-289, concerning no response
    cases and Wireless Telecommunications Bureau Announces Disposition
    of Call Signs which were Undeliverable in the Private Land Mobile
    Radio Station Construction and Operational Status Audit, *Public
    Notice,* DA 04-290 concerning undeliverable letters, both released
    February 9, 2004.

[^5]: *See* 69 Fed. Reg. 8415 (2004).

[^6]: The list of call signs attached also includes some where, in
    response to the third audit letter, the licensee asked that the
    station license be cancelled.