Subject: [NEXTEL-1] “Rush Network” in no Rush to Build out 220 Network, Rush seeks to assign Lic to the Association of American Railroads.

From: Marcel <[email-masked]>
Date: Wed, 19 Mar 2003 02:54:59 -0500

“Rush Network” in no Rush to Build out 220 Network, Rush seeks to assign Lic to the
Association of American Railroads.
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PUBLIC NOTICE
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
DA 03-798

March 17, 2003

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON AN
ASSIGNMENT OF AND A REQUEST FOR EXTENSION OF TIME TO CONSTRUCT
A 220 MHz NATIONWIDE COMMERCIAL LICENSE

Petitions/Comments Due: April 17, 2003
Oppositions Due: April 28, 2003
Replies Due: May 5, 2003

Pursuant to sections 1.3 and 1.925 of the Commission’s rules,1 the Wireless
Telecommunications
Bureau (“Bureau”) seeks comment on an application filed by Rush Network Corp. (“Rush
Network”) and
the Association of American Railroads (“AAR”) to assign the 220-222 MHz (“220 MHz”)
nationwide,
commercial Phase I license, call sign WPWY753 (“License”) from Rush Network to AAR.2 The
Bureau
also seeks comment on a related request for extension of time to meet the final
construction requirements
for the License.3

On March 3, 2003, Rush Network and AAR submitted an application to assign the License from

Rush Network to AAR. Contingent upon the Commission’s consent to the assignment, AAR
requests
that the Commission waive four of its rules to allow AAR to use the frequencies to develop
a private,
non-commercial system for the freight railroad industry to operate switching locomotives
in railroad
yards using radio control links.4 Specifically, AAR seeks a waiver of sections 90.713(a)
and 90.717(b) of
the Commission’s rules, both of which restrict the spectrum covered by the License to
commercial use
only.5 AAR also seeks waiver of section 90.715(a), which designates one frequency in each
220 MHz
channel pair as the “base station” frequency and the other as the “mobile station”
frequency.6 Finally,

1 47 C.F.R. §§ 1.3, 1.925.
2 ULS File No. 0001217770 (“Assignment Application”).
3 ULS File No. 0001217811 (“Extension Request”).
4 Exhibit A to the Assignment Application (“Waiver Request”) at 1, 4-7. According to AAR,
this
technology, known as “Portable Locomotive Control Technology,” was approved for use in the
U.S. by the Federal
Railroad Administration in 2001. Id. at 4-6.
5 Waiver Request at 2. 47 C.F.R. §§ 90.713(a), 90.717(b).
6 Waiver Request at 2-3. 47 C.F.R. § 90.715(a).

AAR asks the Commission to waive of section 90.709(c), which subjects an assignee of a
Phase I
nationwide 220 MHz license to the four construction benchmarks set forth in section 90.725
of the
Commission’s rules.

7
At the same time as the assignment application, including AAR’s waiver request, was filed,

Rush Network also requested a waiver of the construction requirements of section 90.725.
Rush Network
asks the Commission for at least two additional years to meet the final benchmark for the
License because
of equipment unavailability to expand its current system and the potential assignment with
AAR.8
Final action on the proposed assignment from Rush Network to AAR, AAR’s waiver request,
and
Rush Network’s extension request will not be taken earlier than thirty-one days following
the date of this
Public Notice.9 Interested parties may file comments or petitions to deny no later than
April 17, 2003.

Persons and entities that file petitions to deny become parties to the proceeding. They
may participate
fully in the proceeding, including seeking access to any confidential information that may
be filed under a
protective order, seeking reconsideration of decisions, and filing appeals of a final
decision to the courts.
Persons and entities that file comments will have those comments considered but do not
become parties to
the proceeding and may not be able to participate as fully as petitioners. Oppositions to
such pleadings
may be filed no later than April 28, 2003. Replies to such pleadings may be filed no later
than May 5,
2003. All filings concerning matters referenced in this Public Notice should refer to DA
03-798 and File

Nos. 0001217770 and 0001217811.

All comments should be filed with the Office of the Secretary, Federal Communications
Commission, 445 12th Street, S.W., TW-A325, Washington, DC 20554. A copy of each response
also
should be sent to (1) Qualex International, 445 12th Street, S.W., Room CY- B402,
Washington, DC,
20554, 202-863-2893, (2) Scott A. Mackoul, Esq., FCC, Wireless Telecommunications Bureau,
Commercial Wireless Division, Policy and Rules Branch, 445 12th Street, S.W., Room 4-A361,

Washington, DC 20554, and (3) Maria Ringold, FCC, Consumer and Governmental Affairs
Bureau,
Reference Information Center, 445 12th Street, S.W., Room CY-B529, Washington, DC 20554.

The address for FCC locations should be used only for documents filed by United States
Postal
Service first-class mail, Express Mail, and Priority Mail. Hand-delivered or
messenger-delivered
documents for the Commission's Secretary are accepted only by the Commission’s contractor,
Vistronix,
Inc., at 236 Massachusetts Avenue, N.E., Suite 110, Washington, DC 20002. The filing hours
at this
location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber
bands or
fasteners. Any envelopes must be disposed of before entering 236 Massachusetts Avenue,
N.E. Other
messenger-delivered documents, including documents sent by overnight mail (other than
United States
Postal Service Express Mail and Priority Mail) should be addressed for delivery to 9300
East Hampton
Drive, Capitol Heights, MD 20743. All filings must be addressed to the Commission’s
Secretary, Office
of the Secretary, Federal Communications Commission. See FCC Announces a New Filing
Location for
7 Waiver Request at 3-4, 7-8. 47 C.F.R. §§ 90.709(c), 90.725(b). The final benchmark
requires the holder of
a nationwide Phase I 220 MHz license to construct base stations and place those base
stations in operation in all 70
geographic areas designated in the original application for the license, including at
least 28 urban areas listed in
section 90.741 in the rules, within ten years of the original license grant – which, in
the case of the License, is July
29, 2003. 47 C.F.R. §§ 90.725(b)(4), 90.741. AAR requests that, in lieu of the current
final construction
benchmark, it be subject to a “substantial service” requirement.

8 Extension Request at 5.
9 See 47 U.S.C. § 309(b).
Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd

22165 (2001).

The full text of the assignment application, AAR’s waiver request and Rush Network’s
waiver/extension request, along with comments, oppositions, and replies, will be available
for inspection
and duplication during regular business hours in the Reference Information Center of the
Consumer and
Governmental Affairs Bureau, FCC, 445 12th Street, S.W., Room CY-A257, Washington, DC
20554.
Copies may also be obtained from Qualex. For further information regarding the public
reference file,
please contact Maria Ringold, Chief, Wireless Branch, Reference Information Center,
202-418-1350.
Because of the policy implications and potential impact of this proceeding on persons not
parties
to this request, we believe it would be in the public interest to treat this matter as a
permit-but-disclose
proceeding under the ex parte rules, see sections 1.1200(a) and 1.1206 of the Commission’s
rules, 47
C.F.R. §§ 1.1200(a), 1.1206, rather than a restricted proceeding under section 1.1208 of
the
Commission’s rules, 47 C.F.R. § 1.1208. Therefore, any ex parte presentations that are
made with respect
to the issues involved in the subject request, subsequent to the release of this Public
Notice, will be
permissible but must be disclosed in accordance with the requirements of section 1.1206(b)
of the
Commission’s rules, 47 C.F.R. § 1.1206(b).

For further information concerning this proceeding, contact Scott A. Mackoul, Commercial
Wireless Division, Wireless Telecommunications Bureau, at 202-418-7498 or
[email-masked].
By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-798A1.pdf
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