The FCC’s Mobility Division has issued an order denying a Petition for Reconsideration of Crossroads Wireless Liquidating Trustee and NTCH, Inc. (Petitioners) and affirming the termination of their C-block PCS license for the Jefferson City, Mo. BTA for failure to meet the construction deadline. Petitioners filed for reconsideration of a Division order denying their Waiver and Extension of Time Request to meet the construction deadline for the PCS license. There, the Division found that the request was not warranted as the Petitioners made a voluntary business decision not to timely construct due to uncertainty surrounding the ownership of the license stemming from a bankruptcy action. Petitioners argued that the previous owner of the license unknowingly met the ten-year substantial service benchmark for the License and that the FCC should accept the five-year build-out showing as satisfying the construction deadline. Petitioners also alleged that the Division erred in denying their extension request because there was doubt as to the ownership of the License caused by the bankruptcy proceeding which was a circumstance beyond their control. As to the extent of construction, the Division found that the argument should have been presented as part of the underlying Waiver and Extension Request and cannot now be considered as new information. The Division also found that Petitioners failed to provide new information regarding the ownership status of the PCS license or show that the Division made a material legal error. Thus, the Division denied the Petition and affirmed the termination of Petitioners’ license.
