********************* ********************* ************** NOTICE ********************* ********************* ************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ********************* ********************* ********************* ** PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 98-2683 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: December 29, 1998 Wireless Telecommunications Bureau Releases List of Current Grandfathered Multilateration LMS Licensees On February 6, 1995, the Commission released the LMS Report and Order which, inter alia, re- allocated bands for multilateration and non-multilateration Location and Monitoring Service (LMS) operations. To ensure that this reallocation scheme would not impose undue hardships for existing multilateration licensees, the Commission adopted certain grandfathering provisions that permitted existing licensees who had constructed to continue operating their systems. The Commission also adopted grandfathering provisions for multilateration licensees who had not constructed their systems so that these licensees could construct and operate their licensed stations under the new rules. In order to attain grandfathered status, existing multilateration licensees were required to file, by May 22, 1995, applications to modify their station licenses to comply with the new band plan and to identify the sub-band or sub-bands in which they intended to operate. Licensees were permitted to select the particular sub-band or sub-bands that best met their future LMS requirements. Pursuant to the LMS Report and Order, multilateration licensees that constructed and commenced operations prior to February 3, 1995, were required to convert to the spectrum identified in their modified LMS system licenses by April 1, 1998. Multilateration LMS licensees who had not constructed their facilities prior to February 3, 1995, were required to construct and put their systems into operation on the frequencies identified in their modified LMS licenses by January 1, 1997. In light of the multilateration LMS auction that will begin on February 23, 1999, it became necessary for the Commission to determine whether multilateration LMS licensees, who filed timely modification applications, constructed their facilities and put them in operation as required by the Commission's rules. This information was deemed necessary in order to provide prospective participants in the auction sufficient information to evaluate the likely value of the spectrum upon which they may bid. On December 8, 1998, the Commercial Wireless Division of the Wireless Telecommunications Bureau, issued letters to all multilateration LMS licensees who had filed timely modifications of their licenses. The grandfathered multilateration LMS licensees were directed to notify the Commercial Wireless Division in writing, no later than December 18, 1998, whether their grandfathered multilateration LMS stations (1) were constructed or converted and put into operation by the deadline, and (2) are currently operating on the frequencies identified in their modified licenses. The Commercial Wireless Division stated that any licensee failing to respond to the inquiry with respect to all of their grandfathered stations by December 18, 1998 would be deemed to have failed to construct or convert their facilities by the prescribed deadline. The Commercial Wireless Division further stated that the results of the inquiry would be released prior to the deadline for filing applications to participate in the multilateration LMS auction. Attachment A of this public notice lists the grandfathered multilateration LMS licensees who failed to respond to the Division's inquiry by December 18, 1998. Due to their failure to respond to the Commercial Wireless Division's December 8, 1998, inquiry, we find that the grandfathered licensees listed in Attachment A failed to construct or convert their stations by the required deadline. For further information: Commercial Wireless Division, Wireless Telecommunications Bureau: Linda Chang or Michael Rosenthal at (202) 418-0620.