Subject: [NEXTEL-1] Railroad Asso seeks 220 MHz assignment & extension of construction time

From: Marcel <[email-masked]>
Date: Mon, 17 Mar 2003 17:19:35 -0500

FCC Public Notice
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,  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.   

The Bureau also seeks comment on a related request for extension of time to meet the final
construction requirements for the License. 

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.   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.   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.  
Finally, 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. 

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.

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

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