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 07-128 January 22, 2007 POST-TRANSITION NOTIFICATIONS FILED IN WT DOCKET NO. 06-136 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) announces the filing of Post-transition Notifications by Nextel Spectrum Acquisition Corp., American Telecasting of Michiana, Inc., American Telecasting Development, Inc., PCTV Gold, Inc., all wholly-owned subsidiaries of Sprint Nextel Corporation (collectively Sprint Nextel) and Fixed Wireless Holdings, LLC, a wholly-owned subsidiary of Clearwire Corporation (collectively Clearwire) regarding the transition of the 2500-2690 MHz band. On July 29, 2004, the Commission released a Report and Order and Further Notice of Proposed Rulemaking (BRS/EBS R&O and FNPRM) that revamped the rules and policies governing the licensing of services in the 2500-2690 MHz MDS/ITFS band.1 In particular, the Commission adopted a new band plan that restructures the 2500-2690 MHz band into upper and lower-band segments for low-power operations (UBS and LBS, respectively), and a mid-band segment (MBS) for high-power operations. The Commission also adopted a transition plan for relocating Educational Broadband Service (EBS) licensees and Broadband Radio Service (BRS) licensees from their current channel locations to their new spectrum blocks in the LBS, MBS, or UBS. Specifically, the transition occurs in the following five phases: (1) initiating the transition process by filing an Initiation Plan with the Commission; (2) planning the transition; (3) reimbursing the costs of the transition; (4) terminating existing operations in transitioned markets; and (5) completing the transition by filing the Post-transition Notification with the Commission and sending a copy to all affected BRS and EBS licensees.2 On April 27, 2006, the Commission released a Third Memorandum Opinion and Order and Second Report and Order (BRS/EBS 3rd MO&O) that, among other things, revised the transition area size from Major Economic Areas (MEAs) to Basic Trading Areas (BTAs). 3 The Commission also 1 See 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, Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 03-66, 19 FCC Rcd 14165 (2004) (BRS/EBS R&O and FNPRM as appropriate). 2 Id. at 14198 ¶ 74. 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, Third Memorandum Opinion and Order and Second Report and Order, WT Docket No. 03-66, 21 FCC Rcd 5606, 5642 ¶ 65 (2006) (BRS/EBS 3rd MO&O). 2 determined that the transition can be undertaken by multiple proponents, and that the first entity to file an Initiation Plan with the Commission is the proponent for a given BTA.4 When the transition has been completed, the proponent must file a copy of the Post-transition Notification with the Secretary’s Office certifying that the Transition Plan has been fully implemented. The proponent must also provide copies of the Post-transition Notification to all parties to the transition. Any BRS or EBS licensee who objects to a Post-transition Notification listed in the Appendix to this Public Notice must file an objection with the Secretary’s Office by February 21, 2007. The Post-transition Notifications listed in the Appendix to this Public Notice were filed as described in the Appendix. Copies of the Post-transition Notifications listed in the Appendix, as well as other documents filed in WT Docket No. 06-136, may be obtained from Best Copy and Printing, Inc. in person at 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at fcc@bcpiweb.com. These documents are also available for public inspection and copying during normal reference room hours at the following Commission office: FCC Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The documents are also available electronically through the Commission’s ECFS, under WT Docket No. 06- 136, which may be accessed on the Commission’s Internet website at http://www.fcc.gov. By the Chief, Broadband Division, Wireless Telecommunications Bureau. – FCC – 4 Id, 21 FCC Rcd at 5652 ¶¶ 91-92; 47 C.F.R. §§ 27.1231(c), 27.1231(f). 3 APPENDIX – POST-TRANSITION NOTIFICATIONS FILED BTA Number BTA Name Proponent Date Filed BTA103 Danville, IL Nextel Spectrum Acquisition Corp. 12/22/06 BTA116 Dover, DE Nextel Spectrum Acquisition Corp. 12/22/06 BTA126 Elkhart, IN American Telecasting of Michiana, Inc. 12/22/06 BTA129 Emporia, KS Nextel Spectrum Acquisition Corp. 12/22/06 BTA223 Kalamazoo, MI Nextel Spectrum Acquisition Corp. 12/22/06 BTA225 Kankakee, IL Nextel Spectrum Acquisition Corp. 12/22/06 BTA247 Lawrence, KS Nextel Spectrum Acquisition Corp. 12/22/06 BTA275 Manhattan-Junction City Nextel Spectrum Acquisition Corp. 12/22/06 BTA280 Marion, IN PCTV Gold, Inc. 12/22/06 BTA294 Michigan City-La Porte, IN American Telecasting Development, Inc. 12/22/06 BTA309 Muncie, IN PCTV Gold, Inc. 12/22/06 BTA414 Sedalia, MD Nextel Spectrum Acquisition Corp. 12/22/06 BTA445 Topeka, KS Nextel Spectrum Acquisition Corp. 12/22/06 BTA009 Alexandria, LA Nextel Spectrum Acquisition Corp. 12/22/06 BTA059 Bryan-College Station, TX Nextel Spectrum Acquisition Corp. 12/27/06 BTA238 Lake Charles, LA Nextel Spectrum Acquisition Corp. 12/28/06 BTA265 Lufkin-Nacogdoches, LA Nextel Spectrum Acquisition Corp. 12/27/06 BTA456 Victoria, TX Nextel Spectrum Acquisition Corp. 12/27/06 BTA034 Beaumont-Port Arthur, TX Nextel Spectrum Acquisition Corp. 01/08/26 BTA475 Williamsport, PA Fixed Wireless Holdings, LLC 11/09/06 BTA100 Cumberland, MD Fixed Wireless Holdings, LLC 11/09/06 BTA207 Ironwood, MI Fixed Wireless Holdings, LLC 11/09/06 BTA282 Marquette, MI Fixed Wireless Holdings, LLC 11/09/06 BTA295 Middlesboro-Harlan, KY Fixed Wireless Holdings, LLC 11/09/06 BTA330 Olean, NY-Bradford, PA Fixed Wireless Holdings, LLC 11/09/06 BTA360 Pottsville, PA Fixed Wireless Holdings, LLC 11/09/06 BTA382 Rocky Mount-Wilson, NC Fixed Wireless Holdings, LLC 11/09/06