By this application, Cellco Partnership d/b/a Verizon Wireless ("Verizon") seeks a nationwide authorization under the broadband Personal Communications Service ("PCS") rules for the radio spectrum at 1910-1915 MHz paired with 1990-1995 MHz (the "G1 Block"). This spectrum was reallocated by the FCC at different times for fixed and mobile wireless services, but has not been designated as being available under Part 24 of the Commission's rules. Accordingly, Verizon is seeking a number of waivers to permit the filing of this application. 2 Because the spectrum is not incorporated within Part 24, Verizon seeks waivers of Sections 24.202 and 24.229 to permit the assignment of the G1 Block on a national basis. Verizon has utilized the nationwide market indicator NWA255 on its application to designate the appropriate market area,1 As noted in Verizon's recently filed Petition for Auction of 1.9 GHz Spectrum, the G1 Block is immediately adjacent to the existing PCS band, the PCS technical and operational regulations could be applied to the G1 Block. To the extent that there are any minor technical distinctions in the rules rendering them facially inapplicable to the G1 Block, Verizon clarifies that it seeks to utilize the spectrum consistent with the PCS requirements and seeks any waivers deemed necessary by the FCC to operate as a PCS licensee. Verizon also recognizes that the FCC has not designated the G1 Block as being available for licensing either by issuing a public notice opening a filing window or by issuing a public notice scheduling an auction and setting forth procedures for competitive bidding. Yet, the FCC's order adopting competitive bidding procedures states that "[w]e may decide in some services to accept applications before scheduling an auction."3 The order leaves unclear, however, whether applications should be filed on FCC Form 601 or FCC Form 175. Under these circumstances, Verizon has filed both applications, an FCC Form 601 on the Universal Licensing System and manual FCC Form 175. Given the FCC statements that acceptance of such applications is permissive, a waiver may not be necessary, but Verizon nonetheless requests a waiver of Section 1.934 and any other rule sections deemed necessary to accept this application for filing. The grant of waivers to permit the filing of this application is in the public interest, because the mere acceptance of this application does not prejudice any other applicants vying for the same spectrum on an equal basis. Accordingly, there is no preclusory effect from grant of the requested waivers. 'The NWA255 market designator has been used in prior nationwide auctions to signify the U.S. and possessions. Petition for Auction of 1.9 GHz Spectrum filed by Verizon Wireless (Mar. 31, 2003). 3 Implementation of Section 309(j) of the Communications Act - Competitive Bidding, 9 FCC Red 2348 (1994) at 1164 n.121. "Because the auction has not yet been scheduled, a Form 175 cannot be filed electronically. Under the circumstances, Verizon has filed a manual Form 175 and seeks a waiver of the electronic filing rule, 47 C.F.R. §1.2105(a). 3) If this request is for a Developmental License, Demonstration License, or a Special Temporary Authorization (STA), 4) If this request is for an Amendment or Withdrawal, enter the file number of the pending application currently on file with 5) If this request is for a Modification, Renewal Only, Renewal/Modification, Cancellation of License, Consolidale Call Signs, Duplicate License, or Administrative Update, enter the call sign of the existing FCC license. 6) If this request is for a New, Amendment, Renewal Only, or Renewal/Modification, enter the requested authorization expiration dale (this Item is optional). 1a) Existing Radio Service Code: (NRMS NA Yes No File Number. Call Sign: 7) Is this request "major" as defined in Section 1.929 of the Commission's Rules when read in conjunction with the applicable radio service rules found in Parts 22 and 90 of the Commission's Rules? (NOTE: This question only applies to Yes No certain site-specific applications. See the instructions for applicability and full text of Section 1.929) 8a) Does this filing request a Waiver of the Commission's Rules? If 'Yes', attach an exhibit providing the rule numbers and expanding circumstances. YYes No 8b) If a fecable waiver request is attached, multiply the number of stations (call signs) times the number of rule sections and enter the result. Bc) Are the frequencies or parameters requested in this filing covered by grandfathered privileges, previously approved by waiver, or functionally integrated with an existing station? 9) Are attachments being filled with this application? Applicant Information NIYes No (YYes No Contact Information (If different than applicant) 35) This filing is for authorization to provide or use the following type(s) of radio service offering (enter all Privale, internal that apply): Yes) Common Carrier () Non-Common Carrier communications Type of Radio Service 36) This filing is for authorization lo provide the following type(s) of radio service (enler all that apply): 37) Interconnected Service? (YYes No Fee Status 38) is the Applicant exempt from FCC application fees? 39) Is the Applicant exempt from FCC regulatory fees? Eixed (Yes) Mobile (Radiolocation () Satellite (sound) Broadcast Services (N)Yes No KN)Yes No Alien Ownership Questions (If any answer is Yes, attach exhibit explaining circumstances.) 43) is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? KN) 44) is the applicant directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voled by allens, their representatives, or by a foreign govemment or representative thereof, or by any corporation organized under the laws of a foreign country? (Y) No Basic Qualification Questions (If any answer is Yes, attach exhibit explaining circumstances.) 45) Has the applicant or any party lo this application or amendment had any FCC station authorization, llcense, or construction permit revoked or had any application for an initial, modification or renewal of FCC station authorization, license, construction permit denied by the Commission? 46) Has the applicant or any party to this application or amendment, or any party directly or indirectly controlling the applicant, ever been convicted of a felony by any stale or federal court? 47) Has any court finally adjudged the applicant or any party directly or indirectly controlling the applicant guilty of unlawfully monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement, or any other means or unfair methods of competition? 48) Is the applicant or any party directly or indirectly controlling the applicant, currently a party in any pending matter referred to in the preceding two Items? Aeronautical Advisory Station (Unicom) Certification 49) ()I certify that the station will be located on property of the airport to be served, and, in cases where the airport does not have a control tower, RCO, or FAA flight service station, that I have notified the owner of the airport and all aviation service organizations located at the airport within ten days prior to application. 1) The applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. 2) The applicant certifies that grant of this application would not cause the applicant to be in violation of any pertinent crossownership, attribution, or spectrum cap rule." If the applicant has sought a waiver of any such rule in connection with this application, it may make this certification subject to the outcome of the waiver request. 3) The applicant certifies that all statements made In this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application. and are true, complete, correct, and made in good faith. 4) The applicant certifles that neither the applicant nor any other party to the application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under Section 1.2002(c) of the rules, 47 CFR § 1.2002(c). See Section 1.2002(b) of the rules, 47 CFR § 1.2002(b) for the definition of 'party to the application' as used in this certification. 5) The applicant certifies that it either (1) has current Form 602 on file with the Commission, (2) is filing an update Form 602 simultaneously with this application, or (3) Is not required to file Form 002 under the Commission's Rules. 6) The applicant certifies that the facilities, operations, and transmitters for which this authorization is hereby requested are either: (1) categorically excluded from routine environmental evaluation for RF exposure as set forth in 47 C.F.R. § 1.1307(b); or, (2) have been found not to cause human exposure to levels of radiofrequency radiation In excess of the limits specified in 47 C.F.R. §5 1.1310 and 2.1093; or, (3) are the subject of one or more Environmental Assessments filed with the Commission. Fallure To Sign This Application May Result In Dismissal Of The Application And Forfeiture Of Any Fees Paid Upon grant of this license application, the licensee may be subject to certain construction or coverage requirements. Fallure to meet the construction or coverage requirements will result in terminalion of the license. Consult appropriate FCC regulations to determine the construction or coverage requirements that apply to the type of license requested in this application. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Tille 47, § 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Tille 47, § 503). Yes No 23) Do you propose to operate in an area that requires frequency coordination with Canada ? 24) Description: (only for Area of Operation Code 'O') (N)Yes No 26) Would a Commission granl of Authorization for this locallon be an action which may have a significant environmental effect? See Section 1,1307 of 47 CFR. If 'Yes', submit an environmental assessment as required by 47 CFR, 27) If the proposed site is located in one of the quiet zones listed in llem 17 of the Instructions, provide the date (mm/dd/yy) the proper authority was hotified: FCC 601 Instructions Cellular and Air-ground (Commercial Aviation) See 601 Main Form for public burden eslimate Cellular Unserved Area Information 1) laentily whether this is a New or Modification application for a Phase I unserved area or a Phase II unserved area as defined 10 Phase I by 47 CFR Section 22.949(a). If so, complete Items 2 through 5, as applicable. (X) Phase 5) Channel Block |