Received an FCC Termination Pending Notice? Don’t Panic.

Every year, public safety agencies, utilities, schools, transportation companies, manufacturers, and businesses receive an alarming notice from the FCC stating that their Part 90 radio license has been placed in Termination Pending status.

For many, it comes as a complete surprise. Their radios are working, employees are using the system every day, and nothing appears to be wrong.

So what happened?

In many cases, the problem isn’t that the system wasn’t built. It’s that the required Construction Notification was never filed.

The One-Year Deadline

Most new Part 90 licenses require construction within one year of the grant date. Once the system has been placed into operation, the licensee must notify the FCC by filing FCC Form 601, Schedule K (Construction Notification).

The FCC requires this notification to be filed no later than 15 days after the construction deadline. Failure to do so can place the license at risk of termination.

A Common Misconception

Many licensees believe the construction notification only applies to repeater sites, base stations, or other fixed facilities.

That is not correct.

If your authorization consists only of mobile or portable radios, those facilities must also be constructed, and the FCC must still be notified by filing the required Construction Notification.

Simply putting the radios into service is not enough; the filing must also be made.

The 15-Day Filing Window

After your construction deadline expires, the FCC provides a 15-day window to file the Construction Notification.

Many licensees mistakenly believe they have already satisfied all FCC requirements once the license has been granted. Unfortunately, missing this filing can have serious consequences.

Missed the Deadline?

If the filing deadline has passed but your system was actually constructed on time, there may still be options.

For a limited period after the deadline, a late-filed Construction Notification may be accepted if accompanied by a request for waiver. FCC filing fees apply to waiver requests (currently $425, in addition to any applicable filing fees).

Timing is critical.

What Is “Termination Pending”?

If no Construction Notification or extension request is filed, the FCC’s Universal Licensing System places the authorization into Termination Pending status and publishes the license on a weekly FCC Public Notice.

Receiving this notice does not necessarily mean all hope is lost.

Licensees that timely constructed their systems generally have an opportunity to file a Petition for Reconsideration demonstrating that construction was completed on time. If granted, the FCC can restore the license to Active status.

Don’t Ignore the Notice

If you receive a Termination Pending notice:

Do not panic.
Do not assume your license is permanently lost.
Act immediately.
You only have 30 days from the date of the notice.

The sooner corrective action is taken, the more options may be available.

Depending on the circumstances, it may be possible to restore the existing license through the FCC’s reconsideration process. In other cases, a new license application may be required.

If your organization is already operating after a license has terminated, it may also be appropriate to seek Special Temporary Authority (STA) while licensing issues are resolved.