*Pages 1--6 from Microsoft Word - 50687.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- 2223 Released: July 29, 2005 WIRELESS TELECOMMUNICATIONS BUREAU (WTB) AND MEDIA BUREAU ANNOUNCE LICENSING PROCEDURES TO FACILITATE THE TRANSITION OF BAS, CARS, AND LTTS LICENSES TO THE 2025 – 2110 MHZ BAND AND WTB ADDRESSES SBE PETITION FOR DECLARATORY RULING By this Public Notice, the Wireless Telecommunications Bureau (WTB) announces Universal Licensing System (ULS) licensing procedures to facilitate the efficient transition of Television Broadcast Auxiliary Service (BAS) licensees 1 and Local Television Transmission Service (LTTS) licensees 2 in the 2 GHz band. Also in this Public Notice, the Media Bureau (MB) announces related procedures for licensees in the Cable Television Relay Service (CARS). These licensing procedures are in effect only during the transition of these licenses from the existing 1990 – 2110 MHz band to the compressed 2025 – 2110 MHz band pursuant to the Commission’s Report and Order in WT Docket 02- 55 (800 MHz R& O), 3 and as further set forth in the BAS Relocation Schedule and Implementation Plan (Implementation Plan) submitted by Nextel Communications, Inc., on April 6, 2005, 4 as required by the 800 MHz R& O. WTB also clarifies, in response to a petition for declaratory ruling filed by the Society of Broadcast Engineers (SBE), 5 that a BAS TV Pickup license authorizes the use of multiple transmitters. 6 I. BACKGROUND In July 2004, the Commission adopted a Report and Order in WT Docket No. 02- 55 which, inter alia, reconfigured the 800 MHz band to eliminate interference to public safety and other land mobile 1 47 C. F. R. Part 74, Subpart F. 2 47 C. F. R. Part 101, Subpart J. 3 Improving Public Safety Communications in the 800 MHz Band, WT Docket No. 02- 55, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order and Order, 19 FCC Rcd 14969 (2004) as amended by Erratum, 19 FCC Rcd 19651 (WTB 2004) and Erratum, 19 FCC Rcd 21818 (WTB 2004) (800 MHz R& O or Report and Order). Federal Register publication of the 800 MHz R& O occurred on November 22, 2004, 69 Fed. Reg. 67823 (2004). See also Supplemental Order and Order on Reconsideration, WT Docket No. 02- 55, 19 FCC Rcd 25120 (2004). 4 See BAS Relocation Schedule and Implementation Plan, Nextel Communications, Inc., April 6, 2005. 5 See Request for Declaratory Ruling in the Matter of Number of Transmitters Authorized by a Part 74 TV Pickup License, filed March 11, 2005. 6 Multiple transmitters are also authorized for CARS mobile licenses. 1 2 communication systems operating in the band. 7 Pursuant to the 800 MHz R& O, all BAS licensees must be relocated out of the 1990 – 2025 MHz band. The Report and Order requires that Nextel relocate those licensees within 31.5 months of the effective date of the R& O. 8 On April 6, 2005, Nextel filed a BAS Relocation Schedule and Implementation Plan which provides details about its plans for the relocation. 9 The Implementation Plan states that relocation will be accomplished in two stages, the first ending 19.5 months from the effective date of the 800 MHz R& O, the second ending no later than 31.5 months after the effective date. The Implementation Plan also states that markets will be relocated in clusters so that interrelated markets will not be adversely affected. Under the Implementation Plan, equipment will be replaced with digital equipment that operates on the center frequencies of the existing channels, but with a compressed 12 MHz emission bandwidth. Once all of the licensees in a particular market have installed the new equipment, the licensees will simultaneously convert to the new compressed channel plan by shifting the center frequencies to the new channel plan. In order to accomplish this transition, licensees must have operating authority at various times during the transition as follows: 10 Step 1 - operate on the old channel plan with existing analog emissions, Step 2 - operate on the old channel plan with new narrower digital emissions, Step 3 - operate on the new channel plan with narrow digital emissions. Existing ULS procedures would require multiple license modifications, which would need to be carefully timed in order to accomplish this multi- step transition. By this Public Notice, WTB announces special licensing procedures to facilitate the timely and efficient transition of BAS licensees from the old channel plan to the new compressed channel plan. In addition, the Media Bureau also outlines herein procedures for CARS licensees. II. ULS PROCEDURES FOR BAS AND LTTS A. Licensing Procedures Licensees will be required to modify their authorization to obtain authority to operate with the technical parameters they will use during and after the transition by filing an FCC Form 601. 11 Licensees involved in the transition will be permitted to file an application to simultaneously authorize operation using Steps 1- 3, as needed, during the transition. Licensees should specify in their application all channels and emissions with which they intend to operate during and after the transition period, for which they are not currently authorized. 7 See note 3, supra. The instant public notice refers to or summarizes certain Commission decisions in WT Docket No. 02- 55 to provide context for the very limited purpose of discussing streamlined ULS procedures for the BAS relocation. See WT Docket No. 02- 55 for complete details. 8 The effective date of the 800 MHz R& O was January 21, 2005, sixty days after publication in the Federal Register. The original deadlines of 18 months for stage 1 and 30 months for stage 2 were extended by the Commission. See Public Notice 800 MHz Public Safety Interference Proceeding; Request for Comments on Ex Parte Presentations and Extension of Deadlines, 69 Fed Reg. 67880 (Nov. 22, 2004). 9 See BAS Relocation Schedule and Implementation Plan, Nextel Communications, Inc., April 6, 2005. The Implementation Plan also refers to additional information about the relocation schedule, key dates and answers to frequently asked questions at www. 2ghzrelocation. com 10 See Implementation Plan at FN 8 and Appendix B, Slide 10. 11 Modification requires the filing of FCC Form 601 Main Form and Schedule I. 2 6 that may be operated). Moreover, Section 74.632( a) states that “a mobile station license may be issued for any number of mobile transmitters to operate in a specific area or frequency band…….”. 33 In accordance with Section 1.2 of the Commission’s Rules, 34 we clarify that when licenses issued from ULS for TV Pickup operations do not contain a limit on the number of transmitters that may be operated then, consistent with Section 74.632( a), licensees may operate any number of mobile transmitters as long as the technical parameters of those transmitters are consistent with the technical parameters that are authorized by the license and the transmitters are operated in accordance with all applicable FCC Rules. WTB will include a statement on future licenses issued from ULS which clarifies that an authorization for a TV Pickup station authorizes the use of multiple transmitters. Thus, to the extent discussed above, we grant SBE’s request for declaratory ruling. V. FURTHER INFORMATION For further information concerning this Public Notice contact: For BAS and LTTS issues— Stephen Buenzow at (717) 338- 2687, Broadband Division, Wireless Telecommunications Bureau; or for CARS issues— Wayne T. McKee at (202) 418- 2355, Engineering Division, Media Bureau. Action by the Acting Chief, Wireless Telecommunications Bureau and the Chief, Media Bureau. - FCC - 33 See 47 C. F. R. § 74. 632( a). 34 47 C. F. R. § 1.2 ([ t] he Commission may, in accordance with section 5( d) of the Administrative Procedure Act, on motion or on its own motion issue a declaratory ruling terminating a controversy or removing uncertainty). 6