*Pages 1--4 from Microsoft Word - 58604.doc* PUBLIC NOTICE Federal Communications Commission 445 12th 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- 1507 Released: July 24, 2006 THE WIRELESS TELECOMMUNICATIONS BUREAU PROVIDES GUIDANCE ON HOW TO FILE APPLICATIONS TO EXCHANGE CHANNELS BETWEEN THE BROADBAND RADIO SERVICE AND EDUCATIONAL BROADBAND SERVICE By this Public Notice, the Wireless Telecommunications Bureau (Bureau) provides guidance on how licensees should file applications to exchange channels between the Broadband Radio Service (BRS) and Educational Broadband Service (EBS). The Commission’s Rules designate which channels in the 2495- 2690 MHz band are to be licensed for use in the BRS and which channels are to be licensed for use in the EBS. 1 The Commission has recognized, however, that in certain circumstances, it may be appropriate to allow BRS and EBS licensees to engage in exchanges of channels between the services (i. e., “channel swaps”). 2 The Commission recently amended its rules to clarify “that the EBS eligibility restrictions do not prevent channel swapping to further the transition.” 3 The amended rule took effect on July 19, 2006. 4 We hereby clarify the procedures that should be used when BRS and EBS licensees wish to swap channels between services. General Procedures In order to swap channels, the BRS licensee and EBS licensee must each electronically file the FCC Form 603, FCC Wireless Telecommunications Bureau Application for Assignments of Authorization and Transfers of Control, on the same day. 5 To file electronically, licensees must log into Universal Licensing System (ULS) License Manager using an FCC Registration Number and CORES password. The ULS License Manager can be accessed through the ULS homepage at http:// wireless. fcc. gov/ uls. The system will indicate at the end of the application filing process if a fee is due (BRS applications require payment of a fee). Fees for electronically filed BRS applications may be paid online or may be sent to the Federal 1 47 C. F. R. § 27.5( i). 2 See 47 C. F. R. 27.1214( b)( 2) (“ In addition, an EBS entity receiving interference protection will continue to receive such protection if it elects to swap channels with another EBS or BRS station.”) 3 Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150- 2162 and 2500- 2690 MHz Bands, WT Docket No. 03- 66, et al., Order on Reconsideration and Fifth Memorandum Opinion and Order and Third Memorandum Opinion and Order and Second Report and Order, FCC 06- 46 (rel. Apr. 27, 2006) at ¶ 122. See also revised 47 C. F. R. § 27. 5( i)( 3)(“ During the transition . . . EBS and BRS licensees may exchange channels to effectuate the transition of the 2.5 GHz band in a given BTA.”). 4 71 Fed. Reg. 35178 (Jun. 19, 2006). 5 See 47 C. F. R. § 1. 913( b). 1 4 can be done by filing a minor modification to the existing P35 call sign to add the disaggregated spectrum. The licensee must include an attachment to the modification application indicating that it is a consolidation of call signs and certifying that the undefined service area overlays the licensee’s GSA. The partitioned license will be terminated by the Commission upon grant of the minor modification. Further Information For additional information or assistance, go to http:// esupport. fcc. gov. You may also call the FCC Support Center at (877) 480- 3201 (TTY 202- 414- 1255) and select Option #2, Forms or Licensing Assistance. Hours are from 8: 00 a. m. to 7: 00 p. m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. For further information concerning licensing procedures for these services, please contact Elizabeth Fishel at (717) 338- 2649, Elizabeth. Fishel@ fcc. gov or Mary Shultz at (717) 338- 2656, Mary. Shultz@ fcc. gov, Broadband Division, Wireless Telecommunications Bureau. 4