UNIVERSAL LICENSING SYSTEM AUTOMATED TERMINATION AND ELECTRONIC FILING OF PLEADINGS January 24, 2006 10:30 AM Room 8-B516 of the Portals II Building 445 Twelfth Street, SW Washington, DC 20554 1
Agenda • Introduction • Purpose of the Public Forum • Presentation Order – Automated Termination: Overview and Demonstration • Presenters: – Denise Walter, FCC Program Manager – Sonya White, Computech Analyst – Pleadings: Overview and Demonstration • Presenters: – Denise Walter, FCC Program Manager – Katie Frank, Computech Analyst • Questions and Answers 2
Purpose of the Public Forum To Showcase Two New ULS Enhancements – An Automated Termination process in ULS that complements the construction / coverage requirements of most wireless radio services – An Electronic Filing process for pleadings associated with ULS applications and licenses 3
Automated Termination (Auto Term) Overview • Auto Term is a process within ULS that identifies licenses, locations and frequencies that have passed their buildout deadline date without a timely-filed notice of construction (NT) or a request for an extension of time (EX) • Absent a timely-filed NT or EX, ULS presumes the buildout requirements were not met and, as a result, the license, location or frequency automatically terminated under the Commission rules as of the expiration of the buildout requirement deadline 4
Auto Term Background – Rule Section 1.946 – addresses the filing of notifications and extension requests, provides that an authorization terminates automatically, without specific action from the Commission, for failure to meet the buildout requirements effective on the expiration of the buildout deadline date – ULS R&O (1998) and MO&O (1999) - outlined a process to verify whether a licensee has met its buildout deadline and to update the licensing database (ULS) – http://wireless.fcc.gov/licensing/const-req/ - provides information on Auto Term such as Public Notices, the Decl aratory Ruling, and Frequently Asked Questions as well as information on construction/coverage requirements by radio service 5
Auto Term - Construction/Coverage Requirements • Approximately 90 days before the buildout deadline, a construction/coverage reminder letter is sent to the licensee at the address listed on the license in ULS • Be proactive – License Buildout Deadline Search • A notice of construction must be filed NO LATER than 15 days after the buildout deadline, or • A request to extend the deadline must be filed by the buildout deadline date 6
Auto Term – Termination Pending • Approximately 30 days after the buildout deadline, absent a notice of construction or an extension of time request: – Status of a license (auction), a location (cellular) or frequency (other services) changes to “Termination Pending” – License or license component is listed in one of two new “Termination Pending” Public Notices – Termination Pending Letter is sent to the licensee and its contact at the addresses listed on the license in ULS • If the licensee met its buildout obligations but failed to notify the Bureau, the licensee has 30 days from the Termination Pending Public Notice to file a Petition for Reconsideration (PFR) 7
Auto Term - Petition for Reconsideration (PFR) Buildout Obligations Were Timely Met: – File a hard copy with the Secretary’s office or file electronically via ULS – Must be filed within 30 days of the Termination Pending Public Notice – Must include the actual construction date, all call signs and the associated radio services, and, if filing by hard copy the name of the licensing division – If the PFR is granted, ULS returns all affected statuses to active; otherwise the automatic termination is final – No additional public notice is issued 8
Auto Term – Termination Final • Absent a timely-filed PFR, the license or license component are terminated as of the buildout deadline date • For market-based licenses, ULS changes the status of the license to ‘Terminated’ • When the status of a location or frequency is changed to terminated, the component is removed from the license and ULS • When the status of license components is changed to terminated, ULS uses a “roll-up” process. For example, if all frequencies at a location are terminated, the location is terminated • Terminated licenses and license components are documented in the comment section under the Admin Tab in License Search • No additional public notice is issued 9
Clarification - Common Misunderstanding License Modifications In ULS – When a license is modified (except additions), the old parameters are no longer reflected on the license nor are they retained in the license record – If an authorized modification (except additions) is not constructed, the license must be modified to change back to the original parameters. The license does NOT automatically revert back to the previously authorized parameters under any circumstances – Similarly, frequencies that have been deleted from a license by modification will NOT be added back to a license if the modification is not constructed 10
Clarification - Common Misunderstanding Notifications Of Construction (For services where build out deadlines are assigned at the frequency level; e.g. microwave, broadcast auxiliary and land mobile) – Are required after grant of new licenses and license modifications that ADD frequencies – Are NOT required for license modifications (including frequency changes) where the new parameters overwrote the old parameters of a previously authorized and constructed facility – Are NOT required for modifications that only delete frequencies from a license 11
Clarification - Common Misunderstanding • A licensee may choose to ADD new frequencies to a license or apply for a new authorization with the new frequencies rather than modifying the existing license. Once the license has been authorized, constructed, and the notification provided, the old frequencies should be deleted or the old authorization canceled • If a licensee fails to construct and place into operation a new facility or a modification to ADD new frequencies, the unconstructed frequencies enter the auto term process 12
Auto Term - ULS Features ULS DEMO Of New Features Supporting Auto Term: – On-line Filing – Application Search – License Search – Auto Termination Pending Letter 13
Auto Term Demonstration License Manager – Market Based Licenses – Frequency Based Licenses 14
Auto Term Demonstration License Search – Market Based Licenses – Frequency Based Licenses 29
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Auto Term Demonstration • Advanced License Search • Buildout License Search 53
Electronic Filing of Pleadings Overview • Automates the submission process for pleadings associated with ULS Licenses and Applications (WTB) • Provides the filer with a confirmation page acknowledging receipt of pleading • Provides immediate availability of the pleading document in ULS Application or License Search • Decreases the amount of time for a pleading to be delivered to the licensing division 58
Electronic Filing of Pleadings ULS Features Electronic Filing Demo – Submit a pleading electronically – Print out a confirmation page for record keeping – View pleading attachments in Application and/or License Search 59
Key Dates • January 31, 2006 – Electronic filing of pleadings • February 1, 2006 – The buildout deadline date for which the automated process begins • March 8, 2006 – First “potential” Termination Pending Public Notices published 60
Questions and Answers • Remote attendees may send an email to http://esupport.fcc.gov/fccevents/reports/submitmsg.jsp requesting to receive the Questions and Answers document when it is released. This Inbox will be available until January 27 at 5:00 pm. • Please include your Name, Company, Address, and Telephone Number in your email 61
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