700 MHz Construction Waiver Sought in Light of Pending Assignment

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The FCC’s Wireless Telecommunications Bureau is asking for comment on a waiver request filed by Bresnan Communications LLC (Bresnan) on behalf of itself and T-Mobile to extend the accelerated final construction deadline for certain 700 MHz licenses.  Bresnan specifically asks for a waiver of the FCC’s “acceleration rule” that accelerates by two years the final construction benchmark of 70% geographic coverage for 700 MHz licensees that do not timely meet the interim construction benchmark of 35% geographic coverage. In the case of Bresnan, which holds three 700 MHz licenses and is currently assigning them to T-Mobile, the interim construction benchmark deadline is December 13, 2016 and the final construction deadline is June 13, 2019.  Bresnan’s assignment application to T-Mobile was filed in late September 2016 and currently is pending. Because the FCC is unlikely to consent to the assignment application in time to allow T-Mobile to meet the December 13, 2016 interim construction deadline, Bresnan asks the FCC to waive the acceleration rule that would bump up the licenses’ final construction deadline to June 13, 2017 if the interim construction deadline is not met.  Bresnan also argues that, if the waiver is granted, T-Mobile would meet the final construction benchmarks by the end of 2018, well in advance of the June 13, 2019 final construction deadline.  Comments are due by October 26, 2016 and reply comments by November 7, 2016.

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