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 07-607 February 8, 2007 INITIATION PLANS FILED IN WT DOCKET NO. 06-136 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) announces the filing of Initiation Plans by American Telecasting Development, Inc., American Telecasting Inc., American Telecasting of Jackson, Inc., Nextel Spectrum Acquisition Corp., PCTV Gold, Inc., and WBSM Licensing Corporation, wholly owned subsidiaries of Sprint Nextel Corporation (collectively “Sprint Nextel”), as well as Clearwire Spectrum Holdings LLC and Fixed Wireless Holdings, LLC, wholly- owned subsidiaries of Clearwire Corporation (together “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, 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 Therefore, the first entity to file an Initiation Plan with the Commission shall automatically be designated as the proponent for a given BTA at the time it files, without any action required by the Commission or the Bureau, and the 90-day Transition Planning Period for that BTA shall begin on the day after the proponent files the Initiation Plan.5 In order to facilitate the availability of information for BRS and EBS licensees and lessees, however, the Commission directed the Bureau to release a Public Notice indicating when Initiation Plans have been filed with the Commission.6 Entities that wish to file Initiation Plans under the rules set forth in the BRS/EBS 3rd MO&O must file on or after July 19, 2006, the date these rules became effective, and before January 19, 2009.7 The Initiation Plans listed in the Appendix to this Public Notice were filed as described in the Appendix. Our records indicate that American Telecasting Development, Inc., American Telecasting, Inc., American Telecasting of Jackson, Inc., Clearwire Spectrum Holdings LLC, Fixed Wireless Holdings, LLC, Nextel Spectrum Acquisition Corp., PCTV Gold, Inc. and WBSM Licensing Corporation are the proponents for these BTAs, as of the dates the Initiation Plans were filed. Copies of the Initiation Plans listed above, 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 – 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). 4 Id, 21 FCC Rcd at 5652 ¶¶ 91-92; 47 C.F.R. §§ 27.1231(c), 27.1231(f). 5 BRS/EBS 3rd MO&O, 21 FCC Rcd at 5652-5653, 5659 ¶¶ 93, 107. See also 47 C.F.R. § 27.1232. 6 BRS/EBS 3rd MO&O, 21 FCC Rcd at 5653 ¶ 93. 7 See 71 Fed. Reg. 35178 (June 19, 2006); BRS/EBS 3rd MO&O, 21 FCC Rcd at 5658 ¶ 106; 47 C.F.R. §§ 27.1231(f). 3 APPENDIX – INITIATION PLANS FILED Number BTA Name Proponent Date Filed BTA20 Asheville-Hendersonville, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA25 Atlantic City, New Jersey American Telecasting Development, Inc. 1/9/2007 BTA27 Austin, Texas Nextel Spectrum Acquisition Corp. 2/1/2007 BTA33 Battle Creek, Michigan Nextel Spectrum Acquisition Corp. 2/1/2007 BTA38 Bend, Oregon Fixed Wireless Holdings, LLC 1/29/2007 BTA46 Bloomington, Illinois Nextel Spectrum Acquisition Corp. 1/10/2007 BTA51 Boston, Massachusetts Nextel Spectrum Acquisition Corp. 1/18/2007 BTA62 Burlington, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA74 Charlotte-Gastonia, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA101 Dallas-Fort Worth, Texas Nextel Spectrum Acquisition Corp. 1/23/2007 BTA112 Detroit, Michigan PCTV Gold, Inc. 1/23/2007 BTA141 Fayetteville-Lumberton, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA169 Grand Rapids, Michigan Nextel Spectrum Acquisition Corp. 2/1/2007 BTA174 Greensboro-Winston/Salem-High Point, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA176 Greenville-Washington, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA189 Hickory-Lenoir-Morganton, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA209 Jackson, Michigan American Telecasting of Jackson, Inc. 2/1/2007 BTA214 Jacksonville, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA216 Janesville-Beloit, Wisconsin PCTV Gold, Inc. 1/26/2007 BTA239 Lakeland-Winter Haven, Florida Nextel Spectrum Acquisition Corp. 1/30/2007 BTA245 Las Vegas, Nevada Clearwire Spectrum Holdings, LLC 1/12/2007 BTA262 Los Angeles, California Nextel Spectrum Acquisition Corp. 1/24/2007 BTA274 Manchester-Nashua-Concord, New Hampshire Nextel Spectrum Acquisition Corp. 1/18/2007 BTA289 Melbourne-Titusville, Florida WBSM Licensing Corporation 1/30/2007 4 BTA310 Muskegon, Michigan Nextel Spectrum Acquisition Corp 2/1/2007 BTA316 New Bern, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA326 Ocala, Florida Nextel Spectrum Acquisition Corp. 1/29/2007 BTA336 Orlando, Florida Nextel Spectrum Acquisition Corp. 1/18/2007 BTA357 Portland-Brunswick, Maine Nextel Spectrum Acquisition Corp. 1/30/2007 BTA358 Portland, Oregon Fixed Wireless Holdings, LLC 1/29/2007 BTA368 Raleigh-Durham, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA377 Roanoke Rapids, North Carolina Fixed Wireless Holdings, LLC 1/16/2007 BTA380 Rockford, Illinois Nextel Spectrum Acquisition Corp. 2/2/2007 BTA402 San Diego, California Nextel Spectrum Acquisition Corp. 2/2/2007 BTA404 San Francisco-Oakland-San Jose, California Nextel Spectrum Acquisition Corp. 1/23/2007 BTA405 San Luis Obispo, California Nextel Spectrum Acquisition Corp. 2/2/2007 BTA406 Santa Barbara-Santa Maria, California Nextel Spectrum Acquisition Corp. 2/2/2007 BTA408 Sarasota-Bradenton, Florida American Telecasting, Inc. 2/2/2007 BTA440 Tampa-St. Petersburg-Clearwater, Florida Nextel Spectrum Acquisition Corp. 1/25/2007 BTA444 Toledo, Ohio American Telecasting, Inc. 2/2/2007 BTA478 Wilmington, North Carolina Fixed Wireless Holdings, LLC 1/16/2007