***IMMEDIATE ATTENTION REQUIRED***

FOR AUCTION 48—UNSOLD PAGING BAND LICENSES THAT CAN BE USED FOR PRIVATE DISPATCH

APPLICATION FILING DEADLINE IS MARCH 21

Source: BLOOSTON. MORDKOFSKY, DICKENS, DUFFY & PRENDERGAST

The FCC has announced that March 21 is the deadline for filing applications to bid on the unsold licenses in the Upper and Lower Paging bands in Auction No. 48, which is scheduled to begin May 13. This auction includes spectrum in the 35-43 MHz, 150 MHz, 450 MHz, 929 MHz, and 931 MHz bands.

These frequencies may be of interest to those who may wish to acquire additional spectrum for private internal communications, such as private radio dispatch, or for commercial paging and dispatch.

The pertinent pre-auction dates and deadlines for Auction No. 48 are as follows:

• Short-Form Application: March 21, 2003; 6:00 PM ET
• Upfront Payments (wire transfer): April 14, 2003; 6:00 PM ET
• Mock Auction: May 8, 2003
• Auction Begins: May 13, 2003

As noted in Blooston's November Private User Update, there is some confusion between the FCC’s rules and its orders concerning whether this spectrum is available for strictly private, internal use operations. However, the FCC’s staff has informally indicated that the paging spectrum can be used for private radio operations, and that it will clarify this fact in the future.

In the last paging band auction, various entities won licenses for the purpose of obtaining additional dispatch spectrum, and the FCC granted their applications to be classified as "Private Land Mobile Radio" (PMRS) licensees. Therefore, private users should determine whether any of the channels available in Auction 48 would bolster their radio needs.

The channels to be sold will allow exclusive use operation by the winner (versus shared use typical for Part 90 dispatch channels), subject to protection of existing co-channel operations. And while the spectrum is currently allocated for "paging", many of the channels consist of paired frequencies, which were used for the less sophisticated mobile telephone service that was replaced by cellular in the 1980s. Therefore, the paired spectrum is useful for two-way dispatch and even trunked/duplex operations.

Because much of the available spectrum is already encumbered both by incumbent licensees and prior auction winners, it is necessary to engage in some due diligence to determine what frequencies are available and where. Information in this regard is available on the Internet at www.wireless.fcc.gov/auctions/48/ and in the FCC's Universal Licensing System database.

Blooston is also available to assist in this regard. Because the FCC has not provided a great deal of notice prior to the application deadline, they recommend that interested clients conduct most due diligence after deciding whether to apply, since it will be necessary to gather certain ownership and financial information in time for the application deadline in two weeks.