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 07-840 February , 26, 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 Lansing, Inc., American Telecasting of Redding, Inc., American Telecasting of Monterey, Inc., American Telecasting of Yuba City, Inc., Nextel Spectrum Acquisition Corp., and WBSE 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 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. 2 from Major Economic Areas (MEAs) to Basic Trading Areas (BTAs). 3 The Commission also 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 Lansing, Inc., American Telecasting of Redding, Inc., American Telecasting of Monterey, Inc., American Telecasting of Yuba City, Inc., Nextel Spectrum Acquisition Corp., WBSE Licensing Corporation, Clearwire Spectrum Holdings, LLC, and Fixed Wireless Holdings, LLC, 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 – 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). 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 BTA03 Abilene, Texas Clearwire Spectrum Holdings, LLC 2/14/2007 BTA07 Albany-Schenectady, New York Fixed Wireless Holdings, LLC 2/16/2007 BTA10 Allentown-Bethlehem-Easton, Pennsylvania Fixed Wireless Holdings, LLC 2/16/2007 BTA13 Amarillo, Texas Nextel Spectrum Acquisition Corp. 2/9/2007 BTA28 Bakersfield, California Nextel Spectrum Acquisition Corp. 2/19/2007 BTA57 Brownwood, Texas Nextel Spectrum Acquisition Corp. 2/12/2007 BTA79 Chico-Oroville, California American Telecasting Development, Inc. 2/9/2007 BTA124 El Centro-Calexico, California Nextel Spectrum Acquisition Corp. 2/8/2007 BTA134 Eureka, California WBSE Licensing Corporation 2/16/2007 BTA157 Fresno, California Fixed Wireless Holdings, LLC 2/14/2007 BTA181 Harrisburg, Pennsylvania Fixed Wireless Holdings, LLC 2/16/2007 BTA184 Hartford, Connecticut Nextel Spectrum Acquisition Corp. 2/7/2007 BTA198 Huntsville, Alabama Fixed Wireless Holdings, LLC 2/14/2007 BTA228 Kennewick-Pasco-Richland, Washington Fixed Wireless Holdings, LLC 2/16/2007 BTA240 Lancaster, Pennsylvania Nextel Spectrum Acquisition Corp. 2/7/2007 BTA241 Lansing, Michigan American Telecasting of Lansing, Inc. 2/16/2007 BTA242 Laredo, Texas Nextel Spectrum Acquisition Corp. 2/19/2007 BTA268 McAllen, Texas Nextel Spectrum Acquisition Corp. 2/19/2007 BTA290 Memphis, Tennessee Fixed Wireless Holdings, LLC 2/14/2007 BTA291 Merced, California Fixed Wireless Holdings, LLC 2/14/2007 BTA314 Nashville, Tennessee Fixed Wireless Holdings, LLC 2/14/2007 BTA341 Paris, Texas Fixed Wireless Holdings, LLC 2/16/2007 BTA350 Pittsburg, PA Fixed Wireless Holdings, LLC 2/14/2007 BTA364 Providence-Pawtucket, Rhode Island-New Bedford-Fall River, Massachusetts Nextel Spectrum Acquisition Corp. 2/9/2007 4 BTA370 Reading, Pennsylvania Clearwire Spectrum Holdings, LLC 2/16/2007 BTA371 Redding, California American Telecasting of Redding, Inc. 2/9/2007 BTA389 Sacramento, California American Telecasting Development, Inc. 2/9/2007 BTA397 Salinas-Monterey, California American Telecasting of Monterey, Inc. 2/19/2007 BTA418 Sherman-Denison, Texas Clearwire Spectrum Holdings, LLC 2/16/2007 BTA434 Stockton, California Fixed Wireless Holdings, LLC 2/16/2007 BTA441 Temple-Killeen, Texas Nextel Spectrum Acquisition Corp. 2/12/2007 BTA452 Tyler, Texas Nextel Spectrum Acquisition Corp. 2/13/2007 BTA459 Waco, Texas Nextel Spectrum Acquisition Corp. 2/12/2007 BTA460 Walla Walla, WA-Pendleton, Oregon Fixed Wireless Holdings, LLC 2/16/2007 BTA473 Wichita Falls, Texas Nextel Spectrum Acquisition Corp. 2/13/2007 BTA483 York-Hanover, Pennsylvania Nextel Spectrum Acquisition Corp. 2/7/2007 BTA485 Yuba City-Marysville, California American Telecasting of Yuba City, Inc. 2/20/2007