FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Paul Cook U.S. House of Representatives 1222 Longworth House Office Building Washington, D.C. 20515 Dear Congressman Cook: July 14, 2014 Thank you for your letter encouraging the Commission to take prompt steps to act on the Metrolink applications and related waiver requests related to spectrum that could be used for Positive Train Control (PTC). Your views are very important and, as you indicated, will be included in the record of the proceeding and considered as part ofthe Commission's review. PTC is a transformative technology that has the power to save lives, prevent injuries, and avoid extensive property damage. It is a top priority of the Commission to facilitate this important safety measure. FCC staff has been working, and will continue to work, with the Department of Transportation, the National Transportation Safety Board, railroads, and spectrum licensees to identify and facilitate secondary market transactions to make spectrum available for PTC operations. With respect to Metrolink's specific requests, in April2011, the Commission adopted an Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing (OSCIHD0) 1 designating Maritime Communications/Land Mobile, LLC's (MCILM) basic qualifications to be a Commission licensee for hearing. The Commission also released a Public Notice, WT Docket 13-85, on March 28, 2013, which sought comment on whether the Commission should: ( 1) consent to the assignment of some or all of MC/LM' s AMTS licenses to Choctaw under Second Thursday; 2 (2) consent to the assignment of some of MC/LM' s AMTS licenses pursuant to footnote seven of the OSC/HDO; (3) waive the construction and discontinuance-of-service rules for MC/LM's AMTS site-based stations; and (4) terminate its formal hearing, partially or otherwise, regarding MC/LM's basic qualifications.3 1 See Maritime Communications/Land Mobile, LLC, Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing, EB Docket No. 11-71, 26 FCC Red 6520 (2011) (OSCIHDO). 2 See Second Thursday Corp., Memorandum Opinion and Order, 22 FCC 2d 515, recon. granted, Memorandum Opinion and Order, 25 FCC 2d 112 (1970) (permitting a bankrupt licensee, whose basic qualifications are at issue, to assign its licenses for the benefit of innocent creditors). 3 Comment Sought on Choctaw-MC/LM Assignment and Second Thursday Request, Public Notice, 28 FCC Red 3358 (WTB 2013). Page 2-The Honorable Paul Cook The Commission may exercise its discretion to apply the Second Thursday doctrine where the individuals charged with misconduct "will have no part in the proposed operations and will either derive no benefit from favorable action on the applications or only a minor benefit which is outweighed by equitable considerations in favor of innocent creditors." Additionally, footnote seven of the OSC/HDO states that the public interest in facilitating implementation of PTC might warrant removing from the ambit of the hearing a pending application to assign spectrum from MC/LM to the Southern California Regional Rail Authority. Comments, petitions to deny, reply comments, oppositions to petitions to deny, and replies to oppositions were filed in the docket on May 9, May 30, and June 20 of2013, respectively. Staffis currently reviewing that record. I am required to state that this proceeding is restricted under the Commission's ex parte rules ( 47 C.P.R. §§ 1.1200(a), 1.1208). Therefore, I am restricted from discussing the merits of this case but am hopeful that the Commission will take action within the next few months to advance this issue closer to a resolution. I recognize that the complexities of this issue are frustrating, but I am confident that the Commission can make a determination that is in the public interest, convenience and necessity in an efficient and timely manner. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely,;:/ / _ ~"Y/Vd/ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Xavier Becerra U.S. House of Representatives 1226 Longworth House Office Building Washington, D.C. 20515 Dear Congressman Becerra: July 14, 2014 Thank you for your letter encouraging the Commission to take prompt steps to act on the Metrolink applications and related waiver requests related to spectrum that could be used for Positive Train Control (PTC). Your views are very important and, as you indicated, will be included in the record of the proceeding and considered as part of the Commission's review. PTC is a transformative technology that has the power to save lives, prevent injuries, and avoid extensive property damage. It is a top priority of the Commission to facilitate this important safety measure. FCC staff has been working, and will continue to work, with the Department of Transportation, the National Transportation Safety Board, railroads, and spectrum licensees to identify and facilitate secondary market transactions to make spectrum available for PTC operations. With respect to Metrolink's specific requests, in April2011 , the Commission adopted an Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing (OSCIHD0) 1 designating Maritime Communications/Land Mobile, LLC's (MCILM) basic qualifications to be a Commission licensee for hearing. The Commission also released a Public Notice, WT Docket 13-85, on March 28, 2013, which sought comment on whether the Commission should: (1) consent to the assignment of some or all of MC/LM' s AMTS licenses to Choctaw under Second Thursday;2 (2) consent to the assignment of some ofMC/LM's AMTS licenses pursuant to footnote seven ofthe OSC/HDO; (3) waive the construction and discontinuance-of-service rules for MC/LM's AMTS site-based stations; and (4) terminate its formal hearing, partially or otherwise, regarding MC/LM's basic qualifications.3 1 See Maritime Communications/Land Mobile, LLC, Order to Show Cause, Hearing Designation Order, and Notice ofOpportunityfor Hearing, EB Docket No. 11-71,26 FCC Red 6520 (2011) (OSCIHDO). ? -See Second Thursday Corp. , Memorandum Opinion and Order, 22 FCC 2d 515 , recon. granted, Memorandum Opinion and Order, 25 FCC 2d 112 (1970) (permitting a bankrupt licensee, whose basic qualifications are at issue, to assign its licenses for the benefit of innocent creditors). 3 Comment Sought on Choctaw-MC/LM Assignment and Second Thursday Request, Public Notice, 28 FCC Red 3358 (WTB 2013). Page 2-The Honorable Xavier Becerra The Commission may exercise its discretion to apply the Second Thursday doctrine where the individuals charged with misconduct "will have no part in the proposed operations and will either derive no benefit from favorable action on the applications or only a minor benefit which is outweighed by equitable considerations in favor of innocent creditors." Additionally, footnote seven of the OSC/HDO states that the public interest in facilitating implementation of PTC might warrant removing from the ambit of the hearing a pending application to assign spectrum from MC/LM to the Southern California Regional Rail Authority. Comments, petitions to deny, reply comments, oppositions to petitions to deny, and replies to oppositions were filed in the docket on May 9, May 30, and June 20 of2013, respectively. Staff is currently reviewing that record. I am required to state that this proceeding is restricted under the Commission's ex parte rules (47 C.F.R. §§ 1.1200(a), 1.1208). Therefore, I am restricted from discussing the merits of this case but am hopeful that the Commission will take action within the next few months to advance this issue closer to a resolution. I recognize that the complexities of this issue are frustrating, but I am confident that the Commission can make a determination that is in the public interest, convenience and necessity in an efficient and timely manner. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. ~;tt~ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Alan Lowenthal U.S. House ofRepresentatives 515 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Lowenthal: July 14, 2014 Thank you for your letter encouraging the Commission to take prompt steps to act on the Metrolink applications and related waiver requests related to spectrum that could be used for Positive Train Control (PTC). Your views are very important and, as you indicated, will be included in the record of the proceeding and considered as part ofthe Commission' s review. PTC is a transformative technology that has the power to save lives, prevent injuries, and avoid extensive property damage. It is a top priority of the Commission to facilitate this important safety measure. FCC staff has been working, and will continue to work, with the Department of Transportation, the National Transportation Safety Board, railroads, and spectrum licensees to identify and facilitate secondary market transactions to make spectrum available for PTC operations. With respect to Metrolink's specific requests, in April2011 , the Commission adopted an Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing (OSC/HDOY designating Maritime Communications/Land Mobile, LLC's (MCILM) basic qualifications to be a Commission licensee for hearing. The Commission also released a Public Notice, WT Docket 13-85, on March 28, 2013, which sought comment on whether the Commission should: (1) consent to the assignment of some or all ofMC/LM's AMTS licenses to Choctaw under Second Thursday; 2 (2) consent to the assignment of some ofMC/LM's AMTS licenses pursuant to footnote seven of the OSC/HDO; (3) waive the construction and discontinuance-of-service rules for MC/LM's AMTS site-based stations; and (4) terminate its formal hearing, partially or otherwise, regarding MC/LM's basic qualifications.3 1 See Maritime Communications/Land Mobile, LLC, Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing, EB Docket No. 11-71,26 FCC Red 6520 (2011) (OSCIHDO). 2 See Second Thursday Corp. , Memorandum Opinion and Order, 22 FCC 2d 515, recon. granted, Memorandum Opinion and Order, 25 FCC 2d 112 (1970) (permitting a bankrupt licensee, whose basic qualifications are at issue, to assign its licenses for the benefit of innocent creditors). 3 Comment Sought on Choctaw-MC/LM Assignment and Second Thursday Request, Public Notice, 28 FCC Red 3358 (WTB 2013). Page 2-The Honorable Alan Lowenthal The Commission may exercise its discretion to apply the Second Thursday doctrine where the individuals charged with misconduct "will have no part in the proposed operations and will either derive no benefit from favorable action on the applications or only a minor benefit which is outweighed by equitable considerations in favor of innocent creditors." Additionally, footnote seven of the OSC/HDO states that the public interest in facilitating implementation of PTC might warrant removing from the ambit of the hearing a pending application to assign spectrum from MC/LM to the Southern California Regional Rail Authority. Comments, petitions to deny, reply comments, oppositions to petitions to deny, and replies to oppositions were filed in the docket on May 9, May 30, and June 20 of2013 , respectively. Staff is currently reviewing that record. I am required to state that this proceeding is restricted under the Commission' s ex parte rules (47 C.P.R.§§ 1.1200(a), 1.1208). Therefore, I am restricted from discussing the merits of this case but am hopeful that the Commission will take action within the next few months to advance this issue closer to a resolution. I recognize that the complexities of this issue are frustrating, but I am confident that the Commission can make a determination that is in the public interest, convenience and necessity in an efficient and timely manner. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Gary Miller U.S. House ofRepresentatives 2467 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Miller: July 14, 2014 Thank you for your letter encouraging the Commission to take prompt steps to act on the Metrolink applications and related waiver requests related to spectrum that could be used for Positive Train Control (PTC). Your views are very important and, as you indicated, will be included in the record of the proceeding and considered as part ofthe Commission's review. PTC is a transformative technology that has the power to save lives, prevent injuries, and avoid extensive property damage. It is a top priority of the Commission to facilitate this important safety measure. FCC staff has been working, and will continue to work, with the Department of Transportation, the National Transportation Safety Board, railroads, and spectrum licensees to identify and facilitate secondary market transactions to make spectrum available for PTC operations. With respect to Metrolink's specific requests, in April2011, the Commission adopted an Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing (OSCIHD0) 1 designating Maritime Communications/Land Mobile, LLC's (MC/LM) basic qualifications to be a Commission licensee for hearing. The Commission also released a Public Notice, WT Docket 13-85, on March 28,2013, which sought comment on whether the Commission should: (1) consent to the assignment of some or all of MC/LM' s AMTS licenses to Choctaw under Second Thursday; 2 (2) consent to the assignment of some of MC/LM's AMTS licenses pursuant to footnote seven of the OSC/HDO; (3) waive the construction and discontinuance-of-service rules for MC/LM's AMTS site-based stations; and (4) terminate its formal hearing, partially or otherwise, regarding MC/LM's basic qualifications.3 1 See Maritime Communications/Land Mobile, LLC, Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing, EB Docket No. 11-71 , 26 FCC Red 6520 (2011) (OSCIHDO). 2 See Second Thursday Corp., Memorandum Opinion and Order, 22 FCC 2d 515, recon. granted, Memorandum Opinion and Order, 25 FCC 2d 112 (1970) (permitting a bankrupt licensee, whose basic qualifications are at issue, to assign its licenses for the benefit of innocent creditors). 3 Comment Sought on Choctaw-MC/LM Assignment and Second Thursday Request, Public Notice, 28 FCC Red 3358 (WTB 2013). Page 2-The Honorable Gary Miller The Commission may exercise its discretion to apply the Second Thursday doctrine where the individuals charged with misconduct "will have no part in the proposed operations and will either derive no benefit from favorable action on the applications or only a minor benefit which is outweighed by equitable considerations in favor of innocent creditors." Additionally, footnote seven of the OSC/HDO states that the public interest in facilitating implementation of PTC might warrant removing from the ambit of the hearing a pending application to assign spectrum from MC/LM to the Southern California Regional Rail Authority. Comments, petitions to deny, reply comments, oppositions to petitions to deny, and replies to oppositions were filed in the docket on May 9, May 30, and June 20 of2013 , respectively. Staff is currently reviewing that record. I am required to state that this proceeding is restricted under the Commission's ex parte rules (47 C.F.R. §§ 1.1200(a), 1.1208). Therefore, I am restricted from discussing the merits of this case but am hopeful that the Commission will take action within the next few months to advance this issue closer to a resolution. I recognize that the complexities of this issue are frustrating, but I am confident that the Commission can make a determination that is in the public interest, convenience and necessity in an efficient and timely manner. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. / Sincerely, _ /;/._. .t-- -:lj; j/(!hc Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Ed Royce U.S. House of Representatives 2185 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Royce: July 14, 2014 Thank you for your letter encouraging the Commission to take prompt steps to act on the Metrolink applications and related waiver requests related to spectrum that could be used for Positive Train Control (PTC). Your views are very important and, as you indicated, will be included in the record of the proceeding and considered as part ofthe Commission's review. PTC is a transformative technology that has the power to save lives, prevent injuries, and avoid extensive property damage. It is a top priority of the Commission to facilitate this important safety measure. FCC staff has been working, and will continue to work, with the Department of Transportation, the National Transportation Safety Board, railroads, and spectrum licensees to identify and facilitate secondary market transactions to make spectrum available for PTC operations. With respect to Metrolink's specific requests, in April2011, the Commission adopted an Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing (OSCIHDOY designating Maritime Communications/Land Mobile, LLC's (MC/LM) basic qualifications to be a Commission licensee for hearing. The Commission also released a Public Notice, WT Docket 13-85, on March 28, 2013, which sought comment on whether the Commission should: (1) consent to the assignment of some or all ofMC/LM's AMTS licenses to Choctaw under Second Thursday; 2 (2) consent to the assignment of some ofMC/LM's AMTS licenses pursuant to footnote seven of the OSC/HDO; (3) waive the construction and discontinuance-of-service rules for MC/LM's AMTS site-based stations; and (4) terminate its formal hearing, partially or otherwise, regarding MC/LM's basic qualifications.3 1 See Maritime Communications/Land Mobile, LLC, Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing, EB Docket No. 11-71, 26 FCC Red 6520 (2011) (OSCIHDO). 2 See Second Thursday Corp., Memorandum Opinion and Order, 22 FCC 2d 515, recon. granted, Memorandum Opinion and Order, 25 FCC 2d 112 (1970) (permitting a bankrupt licensee, whose basic qualifications are at issue, to assign its licenses for the benefit of innocent creditors). 3 Comment Sought on Choctaw-MC/LM Assignment and Second Thursday Request, Public Notice, 28 FCC Red 3358 (WTB 2013). Page 2-The Honorable Ed Royce The Commission may exercise its discretion to apply the Second Thursday doctrine where the individuals charged with misconduct "will have no part in the proposed operations and will either derive no benefit from favorable action on the applications or only a minor benefit which is outweighed by equitable considerations in favor of innocent creditors." Additionally, footnote seven of the OSC/HDO states that the public interest in facilitating implementation of PTC might warrant removing from the ambit of the hearing a pending application to assign spectrum from MC/LM to the Southern California Regional Rail Authority. Comments, petitions to deny, reply comments, oppositions to petitions to deny, and replies to oppositions were filed in the docket on May 9, May 30, and June 20 of2013, respectively. Staff is currently reviewing that record. I am required to state that this proceeding is restricted under the Commission's ex parte rules (47 C.F.R. §§ 1.1200(a), 1.1208). Therefore, I am restricted from discussing the merits of this case but am hopeful that the Commission will take action within the next few months to advance this issue closer to a resolution. I recognize that the complexities of this issue are frustrating, but I am confident that the Commission can make a determination that is in the public interest, convenience and necessity in an efficient and timely manner. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF T H E CHA I RMAN The Honorable Adam Schiff U.S. House ofRepresentatives 2411 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Schiff: July 14, 2014 Thank you for your letter encouraging the Commission to take prompt steps to act on the Metrolink applications and related waiver requests related to spectrum that could be used for Positive Train Control (PTC). Your views are very important and, as you indicated, will be included in the record of the proceeding and considered as part ofthe Commission's review. PTC is a transformative technology that has the power to save lives, prevent injuries, and avoid extensive property damage. It is a top priority of the Commission to facilitate this important safety measure. FCC staff has been working, and will continue to work, with the Department of Transportation, the National Transportation Safety Board, railroads, and spectrum licensees to identify and facilitate secondary market transactions to make spectrum available for PTC operations. With respect to Metrolink's specific requests, in April2011, the Commission adopted an Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing (OSCIHDOY designating Maritime Communications/Land Mobile, LLC's (MCILM) basic qualifications to be a Commission licensee for hearing. The Commission also released a Public Notice, WT Docket 13-85, on March 28,2013, which sought comment on whether the Commission should: (1) consent to the assignment of some or all ofMC/LM's AMTS licenses to Choctaw under Second Thursday; 2 (2) consent to the assignment of some of MC/LM' s AMTS licenses pursuant to footnote seven of the OSC/HDO; (3) waive the construction and discontinuance-of-service rules for MC/LM' s AMTS site-based stations; and ( 4) terminate its formal hearing, partially or otherwise, regarding MC/LM's basic qualifications.3 1 See Maritime Communications/Land Mobile, LLC, Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing, EB Docket No. 11-71, 26 FCC Red 6520 (20 II) (OSCIHDO) . 2 See Second Thursday Corp., Memorandum Opinion and Order, 22 FCC 2d 515, recon. granted, Memorandum Opinion and Order, 25 FCC 2d 112 (1970) (permitting a bankrupt licensee, whose basic qualifications are at issue, to assign its licenses for the benefit of innocent creditors). 3 Comment Sought on Choctaw-MC/LM Assignment and Second Thursday Request, Public Notice, 28 FCC Red 3358 (WTB 2013). Page 2-The Honorable Adam Schiff The Commission may exercise its discretion to apply the Second Thursday doctrine where the individuals charged with misconduct "will have no part in the proposed operations and will either derive no benefit from favorable action on the applications or only a minor benefit which is outweighed by equitable considerations in favor of innocent creditors." Additionally, footnote seven of the OSC/HDO states that the public interest in facilitating implementation of PTC might warrant removing from the ambit of the hearing a pending application to assign spectrum from MC/LM to the Southern California Regional Rail Authority. Comments, petitions to deny, reply comments, oppositions to petitions to deny, and replies to oppositions were filed in the docket on May 9, May 30, and June 20 of2013 , respectively. Staff is currently reviewing that record. I am required to state that this proceeding is restricted under the Commission's ex parte rules (47 C.F.R. §§ 1.1200(a), 1.1208). Therefore, I am restricted from discussing the merits of this case but am hopeful that the Commission will take action within the next few months to advance this issue closer to a resolution. I recognize that the complexities of this issue are frustrating, but I am confident that the Commission can make a determination that is in the public interest, convenience and necessity in an efficient and timely manner. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely,