WTB Releases Order Granting CTIA's AWS Petition for Waiver
On July 26, 2019, the Wireless Telecommunications Bureau (the “Bureau”) released an Order granting CTIA’s April 5, 2019 Petition for Waiver of sections 27.1170 and 27.1186 of the Commission’s rules, regarding the clearinghouse notification obligations of Advanced Wireless Service (AWS) licensees (ET Docket No. 00-258; WT Docket No. 02-353). Specifically, CTIA sought a waiver of such obligations due to the fact that there are no operating clearinghouses and therefore no way for AWS licensees to comply with the clearinghouse notification requirement.
The Bureau agrees that compliance with the rules is impossible since there are no operating clearinghouses. Since the purpose of the cost-sharing/clearinghouse provisions was to create quick deployment, strict application of the rules would frustrate the purpose of the rules. Additionally, the Commission finds the clearinghouse rules have already served their purpose and therefore third-party coordination of cost-sharing arrangements through a clearinghouse is not necessary. Therefore the Bureau waives the clearinghouse notification obligations, and confirms that such a waiver does not eliminate the FCC’s relocation and cost-sharing requirements.
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