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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA-  04-  3013 
 September  17,  2004 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  FREEZES  APPLICATIONS  IN  THE  900  MHZ  BAND 


 For  the  reasons  set  out  below,  the  Commission  will  no  longer  accept  applications  for  new  900  MHz  licenses  as  of  the  release  date  of  this  Public  Notice  and  until  further  notice. 
 On  August  6,  2004,  the  Commission  released  a  Report  and  Order  which,  inter  alia,  consolidated  the  Business  and  Industrial  Land  Transportation  Pools  in  both  the  800  MHz  and  900  MHz  Band  and 
 adopted  rules  that  allow  900  MHz  band  Private  Land  Mobile  Radio  (PLMR)  licensees  to  file  applications  to  convert  their  PLMR  authorizations  to  Commercial  Mobile  Radio  Service  (CMRS)  use,  or  to  assign 
 their  authorizations  to  others  for  CMRS  use.  1  In  the  Report  and  Order  we  noted  that  Nextel  would  use  the  900  MHz  band  to  provide  interim  service  to  its  displaced  800  MHz  subscribers  while  the  800  MHz 
 band  was  reconfigured.  We  foresee  that  Nextel  may  also  require  additional  900  MHz  authorizations,  pursuant  to  Special  Temporary  Authority  2  or  otherwise,  in  order  to  preserve  adequate  service  to  its 
 subscribers. 
 An  exceptionally  large  number  of  applications  have  been  filed  for  900  MHz  authorizations  subsequent  to  release  of  the  Report  and  Order.  Specifically,  since  August  6  th  ,  2004,  the  Commission  has 
 received  over  500  applications  for  new  900  MHz  licenses  in  the  GI,  GU,  YI  and  YU  categories.  3  This  number  of  applications  is  significantly  higher  than  the  norm.  4  We  are  concerned  that  that  additional  such 
 filings  may  compromise  Nextel’s  ability  to  obtain  the  necessary  “green  space”  5  to  house  some  of  its 


 1  See  Improving  Public  Safety  Communications  in  the  800  MHz  Band,  Report  and  Order,  FCC  04-  168 
 (rel.  August  6,  2004)  at  ¶¶  335-  337  (800  MHz  R&  O). 
 2  See  47  C.  F.  R.  §  1.931. 


 3  The  abbreviations  represent:  GB  -  Business,  806-  821/  851-  866  MHz,  Conventional;  GU  - 
 Business,  896-  901/  935-  940  MHz,  Conventional;  YB  -  Business,  806-  821/  851-  866  MHz,  Trunked;  YU  -  Business,  896-  901/  935-  940  MHz,  Trunked. 


 4  The  Commission  received  only  172  applications  for  new  licenses  in  these  services  between  January  1, 
 2004  and  June  30,  2004;  144  such  applications  were  received  between  July  1,  2003  and  December  31,  2003;  and  145  such  applications  were  received  between  January  1,  2003  and  June  30,  2003. 


 5  The  term  refers  to  vacant  spectrum,  usually  in  the  context  of  channels  that  can  be  used  temporarily  to 
 ensure  continuity  of  service  while  systems  in  other  spectrum  are  changed  in  frequency.  See,  e.  g.  ,Report 
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 systems  while  the  800  MHz  band  is  reconfigured  to  abate  unacceptable  interference  to  Public  Safety,  Critical  Infrastructure,  and  other  “high  site”  800  MHz  systems.  6  Accordingly,  we  impose  this  “freeze” 
 on  applications  for  new  900  MHz  licenses,  which  will  remain  in  effect  until  further  notice.  7 
 Action  by  the  Chief,  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau. 


 –  FCC  – 


 and  Order  supra  at  ¶¶  6,  147,  198.  C.  f.  Report  To  Ronald  H.  Brown  Secretary,  U.  S.  Department  Of  Commerce  Regarding  the  Preliminary  Spectrum  Reallocation  Report,  Report,  9  FCC  Rcd  6793  (1994) 
 6  High  site  systems  are  those  that  use  one,  or  just  a  few,  base  stations  with  antennas  located  on  high 
 structures  or  high  terrain;  e.  g.  towers,  mountains  and  tall  buildings.  See  Report  and  Order,  supra,  at  n.  9.  Low  site  systems,  by  comparison,  consist  of  multiple  multi-  channel  cells  in  a  cellular  configuration  and 


 typically  use  low  antenna  elevations  of  less  than  100  feet,  in  most  instances.  Id. 
 7  Applications  for  modification  of  existing  facilities,  assignment  of  license,  or  transfer  of  control  of  a 


 licensee  will  continue  to  be  accepted.  These  applications  will  be  subject  to  existing  requirements  for  showings  of  eligibility,  loading,  and  other  requirements  of  the  Commission’s  Rules.  Applicants  may  have 


 recourse  to  the  waiver  provisions  in  Section  1.925  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.  925,  to  request  an  exception  to  the  freeze.  Parties  filing  such  a  request  should  carefully  review  the  rule’s  criteria 
 for  a  waiver  and  must  provide  complete  support,  including  but  not  limited  to  documentation,  demonstrating  that  they  meet  each  prong  of  the  waiver  standard. 
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