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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  05-  1340 
 May  11,  2005 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  OUTLINES  APPLICATION  FREEZE  PROCESS  FOR  IMPLEMENTATION  OF 
 800  MHZ  BAND  RECONFIGURATION 
 By  this  Public  Notice,  the  Wireless  Telecommunications  Bureau  (Bureau)  outlines  the  process  for  acceptance  of  applications  for  800  MHz  band  licenses  in  connection  with  implementation  of  the 
 reconfiguration  of  the  band.  1  Specifically,  in  each  National  Public  Safety  Planning  Advisory  Committee  (NPSPAC)  2  region,  there  will  be  two  separate  application  filing  freezes  during  band  reconfiguration.  As 
 discussed  below,  the  use  of  two  separate  freezes  is  intended  to  preserve  licensee  flexibility  and,  to  the  extent  practicable,  to  avoid  adverse  effects  on  800  MHz  band  radio  operations. 


 By  way  of  background,  pursuant  to  the  Report  and  Order,  band  reconfiguration  in  a  given  NPSPAC  region  would  begin  with  the  release  of  a  Public  Notice  (Starter  PN),  specifying  the  date  on 
 which  reconfiguration  negotiations  become  mandatory  instead  of  voluntary.  3  During  the  negotiation  period  all  incumbent  licensees  in  the  NPSPAC  region  whose  facilities  must  be  reconfigured  would 
 negotiate  with  Nextel  about  payment  of  the  associated  costs.  4  If  Nextel  and  an  incumbent  licensee  fail  to  reach  a  voluntary  agreement,  they  would  then  be  required  to  enter  a  three-  month  mandatory  negotiation 
 period,  starting  on  the  date  specified  in  the  Starter  PN.  5 
 On  January  31,  2005,  the  Transition  Administrator  (TA)  for  the  band  reconfiguration  process  6  filed  a  band  reconfiguration  schedule  proceeding  over  four  separate  time  periods  (“  waves”),  with  each 


 1  See  Improving  Public  Safety  Communications  in  the  800  MHz  Band,  Report  and  Order,  WT  Docket  No.  02-  55,  19 
 FCC  Rcd  14969,  15078  ¶  204  (2004)  (Report  and  Order).  2 
 NPSPAC  refers  to  six  megahertz  of  spectrum  the  Commission  set  aside  for  public  safety  use  on  a  regional  basis.  This  band  became  known  as  the  “NPSPAC  band”  because  many  of  the  rules  governing  this  band  had  been 


 recommended  by  the  National  Public  Safety  Planning  Advisory  Committee  (NPSPAC).  See  Development  and  Implementation  of  a  Public  Safety  National  Plan  and  Amendment  of  Part  90  to  Establish  Service  Rules  and 
 Technical  Standards  for  Use  of  the  821-  824/  866-  869  MHz  Bands  by  the  Public  Safety  Services,  GEN  Docket  No.  87-  112,  Report  and  Order,  3  FCC  Rcd  905  (1987). 
 3  See  Report  and  Order,  19  FCC  Rcd  at  15076  ¶  201. 
 4  See  Report  and  Order,  19  FCC  Rcd  at  15064  ¶  178.  Note  that  parties  are  free  to  enter  into  negotiations  at  any 
 time,  but  must  conclude  any  voluntary  negotiations  before  the  start  of  the  mandatory  negotiation  period.  Id.  at  15076,  ¶  201;  see  also  Supplemental  Order,  19  FCC  Rcd  at  25158-  59,  ¶  87. 


 5  Report  and  Order,  19  FCC  Rcd  15075-  76,  ¶  201. 
 6  The  Commission  established  the  position  of  a  Transition  Administrator  to  oversee  band  reconfiguration.  See 
 Report  and  Order,  19  FCC  Rcd  at  15070-  75  ¶¶  190-  200.  The  entity  selected  to  serve  as  the  TA  is  a  three-organization  made  up  of  BearingPoint,  Squire,  Sanders  &  Dempsey  L.  L.  P.,  and  Baseline  Telecom,  Inc.  See 


 Wireless  Telecommunications  Bureau  Concurs  with  Search  Committee  Selection  of  a  Transition  Administrator,  Public  Notice,  DA  04-  3492,  19  FCC  Rcd  21923  (WTB  2004). 
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