*Pages 1--5 from Microsoft Word - 57479.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 06- 1183 June 2, 2006 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES THAT 800 MHZ BAND RECONFIGURATION FOR NON- NPSPAC CHANNELS WILL COMMENCE JULY 3, 2006, IN THE NPSPAC REGIONS ASSIGNED TO WAVE 4 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 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 specifies 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 is followed by a three- month mandatory negotiation period, 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). See also, Memorandum Opinion and Order, WT Docket No. 02- 55, FCC 05- 174, released October 5, 2005. 2 Additional information on the TA can be found on its web page – www. 800ta. org. 3 See Regional Prioritization Plan of the 800 MHz Transition Administrator, WT Docket No. 02- 55, filed January 31, 2005. 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, 20 FCC Rcd 5159, (WTB 2005) (TA Plan PN). 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). 1 2 if necessary. 7 The Commission delegated authority to issue these Public Notices to the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau (WTB). 8 By this Public Notice, we announce that the 800 MHz band reconfiguration process for non-NPSPAC channels 9 will start July 3, 2006, in the NPSPAC regions assigned to Wave 4. 10 A list of NPSPAC regions assigned to Wave 4 is attached to this Public Notice. 11 The three- month period during which non- NPSPAC 800 MHz licensees have the option of negotiating on a voluntary basis will end October 2, 2006. The three- month mandatory negotiation period will end January 2, 2007. 12 We note that relocation channel assignments for some Wave 4 licensees may be dependent on the resolution of ongoing discussions between the U. S. Government and Mexico and Canada regarding allocation of channels in border areas. We expect Wave 4 licensees within the border areas to commence negotiations and planning to the extent that such activities are not dependent on receipt of relocation frequency assignments. To the extent that such licensees do not receive channel assignments from the TA within the negotiation or mediation period for this wave, they may submit a request for extension to the TA as needed, and the TA shall either act on the request or refer it to WTB as provided in the Commission’s orders in this proceeding. 13 The TA may also propose adjustments to the Wave 4 schedule consistent with its authority under these orders, and we reserve the ability to make additional adjustments to the schedule to allow for resolution of international border issues if such adjustments will further the 800 MHz band reconfiguration process. In the Report and Order, the Commission 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. 14 The Commission explained that this freeze is necessary in order to maintain a stable spectral landscape during the reconfiguration 7 See 47 C. F. R. § 90. 677( c). 8 See Report and Order, 19 FCC Rcd 15076 ¶ 201. 9 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). 10 In March, the Bureau moved the start date for Wave 4, Phase 1 band reconfiguration from April 3, 2006 to July 3, 2006. See Wireless Telecommunications Bureau Revises 800 MHz Band Reconfiguration Negotiation Timetable for Wave 4, Phase 1 Licensees, Public Notice, DA 06- 526, released March 3, 2006. 11 See also TA Plan PN Appendix for NPSPAC regions in Wave 4. 12 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 4 for NPSPAC channels. 13 See Improving Public Safety Communications in the 800 MHz Band, Order, FCC 06- 63 (released May 8, 2006) (delegated authority to grant mediation extensions requested by the TA for a period not to exceed six months after the end of the mediation period); Improving Public Safety Communications in the 800 MHz Band, Order, FCC 06-76 (released May 26, 2006) (delegated authority to grant requests by the TA for extension of negotiation periods in future waves). 14 See Report and Order, 19 FCC Rcd 15078 ¶ 204. 2 4 The Reconfiguration Plan filed by the TA is available on the Commission’s 800 MHz band reconfiguration web page at http:// www. 800MHz. gov. Questions concerning the plan, and other Transition Administrator matters, including whether your 800 MHz system must be relocated, should be directed to Brett Haan, BearingPoint, 1676 International Drive, McLean, VA 22102, Brett. Haan@ 800ta. org. For additional information on 800 MHz band reconfiguration issues, generally, please contact Roberto Mussenden, Esq., Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, at (202) 418- 0680, TTY (202) 418- 7233, or via e- mail to Roberto. Mussenden@ fcc. gov. Action by the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau. – FCC – 4 5 APPENDIX NPSPAC Regions Assigned to Wave 4 NPSPAC Region Description of Region 1 2 Alaska 3 Arizona 5 California (Southern) 21 Michigan 29 New Mexico 30 Eastern Upstate NY 33 Ohio 36 Western PA 43 Washington 50 Texas (West & Central-Midland area) 53 Texas (Southern- San Antonio area) 55 Western Upstate NY 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. 5