*Pages 1--5 from Microsoft Word - 49007.doc* 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- 1546 May 27, 2005 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES THAT 800 MHZ BAND RECONFIGURATION WILL COMMENCE JUNE 27, 2005, IN THE NPSPAC REGIONS ASSIGNED TO WAVE 1 AND SPECIFIES 800 MHZ RECONFIGURATION BENCHMARK COMPLIANCE DATES WT Docket No. 02- 55 In July 2004, the Federal Communications Commission (Commission) adopted a Report and Order in this docket which, inter alia, reconfigured the 800 MHz band to eliminate interference to public safety and other land mobile communication systems operating in the band. 1 As specified in the Report and Order, the band reconfiguration process is being overseen by a Transition Administrator (TA) 2 which has provided the Commission with a plan detailing when band reconfiguration will commence in each of the fifty- five 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) regions. 3 On March 11, 2005, the Bureau approved the TA’s basic 800 MHz band reconfiguration schedule, i. e., the grouping of the NPSPAC regions into four waves (Waves 1- 4) and starting the reconfiguration process in each wave on the dates recommended by the TA. 4 1 See Improving Public Safety Communications in the 800 MHz Band, Report and Order, WT Docket No. 02- 55, 19 FCC Rcd 14969 (2004) (Report and Order). See also Supplemental Order and Order on Reconsideration, WT Docket No. 02- 55, 19 FCC Rcd 25120 (2004) (Supplemental Order). 2 The Transition Administrator was recommended by a search committee made up of representatives of the five major stakeholders in the 800 MHz band, Nextel Communications, Inc. (Nextel), the Association of Public Safety Communications Officials- International (APCO), the Industrial Telecommunications Association (ITA), Southern LINC and the United Telecom Council (UTC). See Report and Order, 19 FCC Rcd at 15070- 75 ¶¶ 190- 200. The Bureau concurred in the search committee’s recommendation that the Transition Administrator be comprised of a three- organization team made up of BearingPoint, Squire- Sanders- Dempsey LLP, and Baseline Telecom, Inc. See Wireless Telecommunications Bureau Concurs with Search Committee Selection of a Transition Administrator, Public Notice, 19 FCC Rcd 21923 (WTB, PSCID 2004). Additional information on the TA can be found on its web page – www. 800ta. org. 3 On January 31, 2005, the TA filed a plan containing a general schedule for implementing 800 MHz band reconfiguration. See Regional Prioritization Plan of the 800 MHz Transition Administrator, WT Docket No. 02- 55, filed January 31, 2005 (TA Plan). The TA later amended the plan to specify a date certain for commencement of Wave 4. See letter dated February 18, 2005, from Robert B. Kelly, Squire, Sanders & Dempsey to Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, FCC. The TA’s band reconfiguration schedule may be viewed at www. 800ta. org. 4 See Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator’s 800 MHz Regional Prioritization Plan, Public Notice, DA 05- 619, released March 11, 2005 (TA Plan PN). 1 As part of the 800 MHz band reconfiguration process, the Commission stated that it would issue a Public Notice thirty days before reconfiguration is scheduled to start in each NPSPAC region. 5 Each such Public Notice will specify a three- month voluntary negotiation period during which time identified licensees in the regions being reconfigured are encouraged to reach agreement with Nextel on the details of relocating. 6 The voluntary negotiation period would be followed by a three- month mandatory negotiation period, if necessary. 7 The Commission also stated that it would freeze the filing of certain 800 MHz applications for the regions being reconfigured when it issued a Public Notice announcing the date when voluntary negotiation of relocation agreements must be concluded. 8 The Commission explained that this freeze is necessary in order to maintain a stable spectral landscape during the reconfiguration process in each region. 9 Finally, the Commission noted that the start date for reconfiguration in the first NPSPAC region will also be the start date for computation of two interim reconfiguration benchmarks (eighteen and thirty months) and the start date for determining when reconfiguration must be completed (thirty- six months). 10 The Commission delegated authority to issue these Public Notices to the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau. 11 By this Public Notice, we announce that the 800 MHz band reconfiguration process for non-NPSPAC channels will start June 27, 2005, in the NPSPAC regions assigned to Wave 1. 12 A list of NPSPAC regions assigned to Wave 1 is attached to this Public Notice. 13 Therefore, the three- month period during which non- NPSPAC 800 MHz licensees have the option of negotiating on a voluntary basis 5 See 47 C. F. R § 90. 677( b) and Report and Order, 19 FCC Rcd 15076 ¶ 201. See also TA Plan PN at 2. 6 See 47 C. F. R. § 90. 677( b). 7 See 47 C. F. R. § 90. 677( c). 8 See Report and Order, 19 FCC Rcd 15078 ¶ 204. 9 See Report and Order, 19 FCC Rcd 15078 ¶ 204. See also Supplemental Order, 19 FCC Rcd 25158- 59 ¶ 87. The Bureau has provided additional information regarding the processing of 800 MHz applications during reconfiguration and indicated that there will be two separate application filing freezes for each region, one filing freeze for non- NPSPAC licensees and a separate freeze for NPSPAC licensees. See Wireless Telecommunications Bureau Outlines Application Freeze Process for Implementation of 800 MHz Band Reconfiguration, Public Notice, DA 05- 1340, released May 11, 2005 (Two Freeze PN). 10 Under the first interim benchmark, Nextel must relocate all but Nextel and SouthernLINC incumbents from Channels 1- 120 in the first twenty NPSPAC regions scheduled for reconfiguration and initiate retuning negotiations with all NPSPAC licensees in these regions within eighteen months. See Supplemental Order, 19 FCC Rcd 25143- 44 ¶ 53. Under the second interim benchmark, all 800 MHz licensees subject to reconfiguration must have commenced reconfiguration within thirty months. See Report and Order, 19 FCC Rcd 15076 ¶ 201. The final benchmark, thirty- six months, is the date by which 800 MHz reconfiguration must be completed. Id. 11 See Report and Order, 19 FCC Rcd 15076 ¶ 201. 12 For the purposes of this Public Notice, non- NPSPAC channels are those channels in the 806- 817/ 851- 862 MHz band. For the purposes of reconfiguration, this group generally will consist of 800 MHz band licensees on Channels 1- 120 (806- 809/ 851- 854 MHz). 13 See also TA Plan PN Appendix for NPSPAC regions in Wave 1. 2 will end September 26, 2005, followed by a the three- month mandatory negotiation period that will end December 26, 2005. 14 We also announce by this Public Notice that, effective immediately, we are freezing the filing of 800 MHz applications for non- NPSPAC channels in Wave 1. 15 The freeze applies to stations located in either (1) one of the NPSPAC regions assigned to Wave 1 or (2) an adjacent region but within 70 miles of the border of one of the Wave 1 regions. 16 This freeze is effective on the release date of this Public Notice and will last until thirty working days 17 after the date for completion of mandatory negotiations as specified above, i. e., until February 8, 2006. The freeze does not apply to modification applications filed to implement 800 MHz band reconfiguration, modification applications filed that do not change a 800 MHz frequency or expand a 800 MHz station’s existing coverage area (e. g., administrative updates), assignments/ transfers, or renewal- only applications. 18 The release date of this Public Notice also establishes the eighteen, thirty and thirty- six month reconfiguration benchmark compliance dates as defined in the Report and Order and Supplemental Order. 19 Therefore, we announce that Nextel must (1) relocate all but Nextel and SouthernLINC incumbents from Channels 1- 120 in the first twenty NPSPAC regions scheduled for reconfiguration and (2) initiate retuning negotiations with all NPSPAC licensees in those same regions 20 by December 26, 2006, (eighteen month benchmark) and that all applicable systems must have commenced reconfiguration by December 26, 2007 (thirty month benchmark). The 800 MHz band reconfiguration must be completed by June 26, 2008 (thirty- six month benchmark). Finally, to facilitate the 800 MHz reconfiguration process, the Commission has established the following new radio service codes for licenses that list 800 MHz band frequencies governed by Part 90 of the Commission’s Rules: 14 In the Supplemental Order, the Commission established two negotiation periods (voluntary and mandatory), one for non- NPSPAC licensees and the second for NPSPAC licensees (stations operating in the 821- 824/ 866- 869 MHz band). See Supplemental Order, 19 FCC Rcd 25143- 44 ¶¶ 52- 53. Also, in the TA Plan PN, the Commission stated that it concurred with the TA’s recommendation for separate negotiation periods for NPSPAC and non- NPSPAC licensees in each wave. See TA Plan PN at 2. We will issue a separate public notice to start the reconfiguration process in regions in Wave 1 for NPSPAC channels. 15 We will freeze the filing of applications for 800 MHz NPSPAC frequencies in the regions in Wave 1 in the Public Notice announcing the start of the voluntary and mandatory negotiation periods for NPSPAC licensees. See Two Freeze PN. See also, n. 14 supra. 16 Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission’s Rules, 47 C. F. R. § 1.925. 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. See Report and Order, 19 FCC Rcd 15078 ¶ 204. 17 The computation of working days in this specific case does not include weekends or federal holidays. 18 See Report and Order, 19 FCC Rcd 15078 ¶ 204. 19 See n. 10, supra. 20 See Supplemental Order, 19 FCC Rcd 25143- 44 ¶ 53. 3 APPENDIX NPSPAC Regions Assigned to Wave 1 NPSPAC Region Description of Region 1 6 California (Northern) 7 Colorado 8 NY City area (NY, NJ, & CT) 11 Hawaii 13 Illinois (except Southern Lake Michigan counties) 14 Indiana (except Southern Lake Michigan counties) 19 New England 20 Maryland, Northern VA & DC 27 Nevada 28 Eastern PA, DE & Southern NJ 35 Oregon 41 Utah 42 Virginia 45 Wisconsin (except Southern Lake Michigan counties) 54 Southern Lake Michigan (MI, WI, IL, & IN) 2 * Large non- public safety systems that cover multiple NPSPAC regions 3 1 Regions that are only a portion of a state or states are defined by counties. A list of the counties in each of these regions can be accessed at http:// www. fcc. gov/ Bureaus/ Wireless/ Orders/ 1998/ fcc98191. txt. 2 The counties in Michigan in Region 54 will be in Wave 4 because of border area issues. See TA Plan. 3 Large non- public safety systems that provide coverage beyond the border of NPSPAC regions in Wave 1 will have their entire system, including base stations located outside the boundaries of Wave 1 NPSPAC regions, reconfigured as part of the Wave 1 reconfiguration process. 5