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 07-1648
Released: April 6, 2007
PUBLIC SAFETY AND HOMELAND SECURITY BUREAU CLARIFIES 
THE RIGHTS OF 800 MHZ PUBLIC SAFETY LICENSEES 
ELECTING TO REMAIN IN THE 800 MHZ EXPANSION BAND
WT Docket No. 02-55
By this Public Notice, the Public Safety and Homeland Security Bureau (PSHSB) clarifies the 
rights of public safety entities holding authorizations in the 800 MHz Expansion Band and who have 
elected to remain on their current channel(s).
In the 800 MHz Report and Order, the Commission designated the 815-816/860-861 MHz 
segment of the 800 MHz band as the Expansion Band and stated that it intended this segment to be used
by interference-resistant non-cellular systems that would not be adversely affected by ESMR and other 
cellular-architecture systems operating on frequencies above 816/861 MHz.1 Entities holding public 
safety authorizations in the Expansion Band were given the option of remaining on their current 
Expansion Band channels or relocating to less interference-prone channels below the Expansion Band at 
Sprint Nextel’s expense.2  To accommodate public safety licensees exercising their option to relocate, the 
Commission reclassified twelve SMR channels located below the Expansion Band as public safety 
channels.  The Commission also reclassified the twelve public safety channels in the Expansion Band as 
SMR channels, but allowed public safety licensees to remain on those channels notwithstanding their 
reclassification.3  Some public safety entities have exercised that option.
Certain public safety entities that have elected to remain in the Expansion Band have expressed 
concern about their ability to modify their facilities, e.g. to expand coverage contours or add channels, 
given that the former public safety channels in the Expansion Band have been reclassified as SMR 
channels.  Some have filed requests for waiver seeking intercategory sharing or other relief that would 
allow them to implement their proposed modifications.  To address these concerns, we clarify that: 
§ Public safety entities that have elected to maintain their authorizations on a channel or channels 
in the Expansion Band may apply for modification of those authorizations on those channel(s) 
including expansion of coverage contours, without the need to request a rule waiver.
  
1 See Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Report and Order, Fifth 
Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15053 ¶¶ 154-155 
(2004).
2 Id.
3 Id.
2
§ The Commission will also consider requests from public safety applicants wishing to add 
Expansion Band channels to their current Expansion Band facilities if the application is 
accompanied by a request for intercategory sharing4 or other relief that would permit use of 
channels designated for other services.
§ Requests for expansion of contours or addition of channels in the Expansion Band must 
comply with the applicable rules governing minimum spacing between co-channel stations.5
For additional information on 800 MHz band reconfiguration issues, generally, please contact 
Roberto Mussenden, Policy Division, Public Safety and Homeland Security Bureau, at (202) 418-1428 or 
via e-mail at Roberto.Mussenden@fcc.gov.
Action by the Associate Chief, Public Safety and Homeland Security Bureau.   
– FCC –
  
4 In general, intercategory sharing requests require a demonstration that no other suitable public safety channels are 
available to the applicant.  See 47 C.F.R. § 90.617(d).
5 See 47 CFR § 90.621(b).