The FCC’s Mobility Division (Division) has granted a two month waiver of the 700 MHz interim construction to Polar Communications Mutual Aid Corporation (Polar). Polar holds two partitioned 700 MHz B block licenses in counties within CMA582 in North Dakota. Polar timely filed its interim construction notification and requested that the FCC treat the two licenses as having a single Interim Construction Requirement. Polar then amended its construction notification indicating that it was providing signal coverage to 38.4 and 62.4 percent, respectively, under both licenses. While granting Polar’s request to combine the licensed coverage areas as long as Polar demonstrated significant construction for each license, the Division determined that Polar mistakenly located two base stations outside of the licensed CMA which could not be considered part of the construction coverage. Without those sites, Polar’s coverage failed to meet the interim benchmark. Polar then entered into a spectrum manager lease with AT&T, and later an agreement to assign both licenses to AT&T. Polar requested the subject waiver for an extension of time until the effective date of the spectrum manager lease to meet its Interim Construction Requirement. Polar asserted that grant of a waiver was warranted because it believed in good faith that it had timely constructed and was providing coverage to its licensed area in CMA582. The Division granted the two month waiver, finding that Polar constructed with the intent to comply with the Interim Construction Requirement, and believed in good faith that it actually was providing coverage sufficient to meet the interim benchmark. The FCC also found that the rural nature of Polar’s licensed areas and the limited scope of its request provided additional support for a waiver.
