The FCC Wireless Bureau denied a request by T-Mobile for...
The FCC Wireless Bureau denied a request by T-Mobile for extra time to demonstrate compliance with the substantial service requirements for 16 Local Multipoint Distribution Service licenses. T-Mobile had already gotten a four-year extension and the revised deadline was June…
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1. “Given our denial of these requests, these licenses automatically terminated, by operation of Commission rule, as of June 1,” the order said (http://xrl.us/bnteim). The order noted that would have been the second extension T-Mobile received. “To be eligible for an extension of time to construct, T-Mobile must show that its ‘failure to meet the construction deadline is due to involuntary loss of site or other causes beyond its control. We conclude that T-Mobile has not met this threshold,” the bureau said. The order notes that T-Mobile contended it “did not pursue developing its LMDS spectrum while it was pursuing its proposed merger with AT&T,” in seeking the extension. “The Commission has consistently found that a licensee’s own business decisions are not circumstances beyond the licensee’s control and are therefore not an appropriate basis for regulatory relief,” the order said.