Federal Communications Commission DA 08-1427 1 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Improving Public Safety Communications in the 800 MHz Band Requests for Interim Waiver of the June 26, 2008 Rebanding Deadline – Wave 1 Public Safety Regions ) ) ) ) ) ) ) ) WT Docket No. 02-55 ORDER Adopted: June 17, 2008 Released: June 17, 2008 By the Associate Chief, Public Safety and Homeland Security Bureau: I. INTRODUCTION 1. In this order, by delegated authority, we act on multiple requests by 800 MHz public safety licensees in Wave 11 for interim waiver of the June 26, 2008 deadline to allow the completion of rebanding planning, negotiation of Frequency Reconfiguration Agreements (FRAs), and the submission of final proposed rebanding schedules to the Commission.2 We grant these interim requests to the extent set forth below, conditioned on each licensee, if necessary, filing a supplemental waiver request by the date specified for the licensee in Appendix A of this order that includes a proposed rebanding implementation timetable.3 II. BACKGROUND 2. In the 800 MHz Report and Order and subsequent orders in this proceeding, the 1 Wave 1 includes the following NPSPAC Regions: Region 6 (Northern California), Region 7 (Colorado), Region 8 (Metropolitan New York Region), Region 13 (Illinois), Region 14 (Indiana), Region 19 (New England), Region 20 (Maryland/District of Columbia/Northern Virginia), Region 28 (Eastern Pennsylvania, New Jersey, Delaware), Region 35 (Oregon), Region 42 (Virginia), Region 45 (Wisconsin), Region 54 (Chicago/Southern Lake Michigan Region). A list of all NPSPAC regions and their corresponding geographic areas can be found at http://www.fcc.gov/Bureaus/Wireless/Orders/199August fcc98191.txt. 2 Waiver requests by Wave 1 licensees who have completed FRA negotiations and submitted proposed rebanding schedules will be addressed in a separate order. This order also does not address the request for waiver filed by Fairfax County, Virginia on behalf of 14 licensees in the Nation Capital Region (NCR), which we will address separately. Finally, we hold in abeyance the waiver requests of Washoe County, Nevada/Sparks, Nevada; Chester County, Pennsylvania; Chesapeake, Virginia; Sacramento, California; the Commonwealth of Virginia; and Honolulu, Hawaii, pending resolution of other matters concerning these licensees that are currently pending before the Commission. 3 On May 1, 2008, Sprint Nextel Corporation (Sprint) filed a request for waiver to remain temporarily on Channel 1- 120 channels that are designated for assignment to NPSPAC licensees that receive waivers of the June 26, 2008 deadline. Request for Waiver by Sprint Nextel Corporation, filed May 1, 2008. We will address Sprint’s waiver request separately. Federal Communications Commission DA 08-1427 2 Commission ordered the rebanding of the 800 MHz band to resolve interference between commercial and public safety systems in the band.4 These orders mandate that 800 MHz licensees in non-border areas must complete their rebanding by June 26, 2008.5 However, the Commission has also established a waiver process for licensees that are unable to complete rebanding by the deadline, and has delegated authority to the Public Safety and Homeland Security Bureau (PSHSB) to act on such waiver requests.6 3. On January 17, 2008, the Commission released a Public Notice that established procedures and provided guidance for submission of requests to waive the deadline.7 The Commission recommended that licensees seeking waivers provide the Commission with a proposed timetable for completion of rebanding. However, the Commission also recognized that some licensees might be unable to propose a timetable because they had not yet negotiated their FRAs with Sprint. The Commission stated that such licensees should file interim waiver requests stating “when the licensee anticipates having an FRA and filing a final waiver request that will include a proposed timetable.”8 The Commission set March 17, 2008 as the deadline for licensees in Wave 1 to submit either an interim or a final request.9 III. DISCUSSION 4. The Commission has stated that requests for waiver of the June 26, 2008 deadline “will be subject to a high level of scrutiny. Licensees will be expected to demonstrate that they have worked diligently and in good faith to complete rebanding expeditiously, and that the amount of additional time requested is no more than is reasonably necessary to complete the rebanding process.”10 We have reviewed each of the Wave 1 interim waiver requests in accordance with this standard. 5. We first address those licensees in Wave 1 that seek interim waivers to complete planning, negotiate their FRAs, and provide the Commission with their proposed timetables on or before July 18, 2008.11 After review of these requests, we find that each of these licensees has demonstrated a sufficient level of diligence and good faith warranting grant of the requested interim waiver. Moreover, we find that the limited amount of time that each licensee seeks is no more than is reasonably necessary to complete the planning and negotiation process and submit a comprehensive waiver request with a 4 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 (2004) (800 MHz Report and Order); Supplemental Order and Order on Reconsideration, 19 FCC Rcd 25120 (2004) (800 MHz Supplemental Order); Memorandum Opinion and Order, 20 FCC Rcd 16015 (2005); Second Memorandum Opinion and Order, 22 FCC Rcd 10467 (2007); Third Memorandum Opinion and Order, 22 FCC Rcd 17209 (2007) (800 MHz 3rd MO&O). The 800 MHz 3rd MO&O was recently affirmed by the U.S. Court of Appeals. Sprint Nextel Corp. v. FCC, 524 F.3d 253 (D.C. Cir. 2008). 5 800 MHz Report and Order, 19 FCC Rcd at 15130, ¶ 347. “Non-border” licensees are Wave 1-3 licensees and those Wave 4 licensees that have received rebanding frequency assignments from the 800 MHz Transition Administrator (TA). Licensees that have not received frequency assignments from the TA due to their proximity to the U.S.- Canada or U.S.- Mexico border are not subject to the June 26, 2008 deadline. The Bureau has established a separate rebanding timeline for the Canadian border region, Improving Public Safety Communications in the 800 MHz Band, Second Report and Order, WT Docket 02-55, 23 FCC Rcd 7605 (PSHSB 2008), and will establish a rebanding timeline for the Mexican border region at a later date. 6 800 MHz 3rd MO&O, 22 FCC Rcd at 17223 ¶ 48. 7 Federal Communications Commission Provides Guidance for Submission of Requests for Waiver of June 26, 2008 Deadline for Completion of 800 MHz Rebanding, Public Notice, 23 FCC Rcd 664 (2008) (Waiver Guidance Notice). 8 Id. at 666. 9 Id. at 665. 10 FCC Announces Supplemental Procedures and Provides Guidance for Completion of 800 MHz Rebanding, Public Notice, 22 FCC Rcd 17227, 17232 (2007). 11 See Appendix A. Federal Communications Commission DA 08-1427 3 proposed timetable. We therefore grant these interim requests, conditioned on each licensee filing a supplemental waiver request by the interim date specified in Appendix A that includes a proposed implementation timetable as set out in the Waiver Guidance Notice.12 The timetable should include proposed milestone dates for completion of (1) retuning, reflashing, and/or replacement of subscriber equipment (subscriber equipment deployment); (2) retuning of base stations to the licensee’s new channel assignments and commencement of system operations on the new channels (system “cutover”); and (3) additional post-cutover system modifications (e.g., disposal or return of temporary or legacy equipment, removal of pre-rebanding channels from subscriber units).13 Upon filing of a timely waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. 6. A number of Wave 1 licensees have requested interim waiver dates that are now past, but have not subsequently filed a proposed timetable or any other supplemental filings.14 As specified in Appendix A, we require each of these licensees to file a supplemental waiver request to the Bureau with a proposed timetable meeting the Waiver Guidance Notice criteria within 30 days of the release of this order. 7. We apply a higher level of scrutiny to those licensees in Wave 1 that failed to specify interim dates or requested dates beyond July 18, 2008 to complete their planning, FRA negotiations, and submit a waiver request to the Commission with a proposed timetable.15 We recognize that there are a variety of factors that may justify longer planning and negotiation periods for these licensees, including system size and complexity, coordination of planning issues with other licensees, and prior delays in the rebanding process outside the licensee’s control. However, while we understand that the planning and FRA negotiation process can be complex and time-consuming, it is also important to the continued progress of rebanding in Wave 1 that these licensees expedite their efforts to develop proposed timetables for rebanding their systems. We also believe that by July 18, 2008, all of these licensees should be sufficiently far along with their planning to be able to provide projected milestone dates for completion of the major steps in the rebanding process. 8. We therefore grant interim relief to each of these licensees, conditioned on the licensee 12 See Waiver Guidance Notice, 23 FCC Rcd at 665-666. We recommend that licensees use the template form developed by the TA to submit their waiver requests and supporting timetable information. The template is available at www.800ta.org/content/documents/rebanding_deadline_extension_process.asp. 13 In some cases, NPSPAC licensees will continue to operate and support operations on the five nationwide mutual aid channels in the old NPSPAC band after they have completed their own system cutovers to the new NPSPAC band, and will maintain the old mutual aid channels until rebanding by all NPSPAC licensees in a region is complete. In such cases, we clarify that a licensee submitting a proposed timetable should specify dates relating to the rebanding of the licensee’s own system (e.g., the licensee’s own system cutover date), but is not required to specify a date for the rebanding of the five mutual aid channels. 14 See Appendix A. These licensees are: Richmond, California; Roseville, California (Region 6); Denver, Colorado (Region 7); Suffolk County, New Jersey; Waterbury, Connecticut; Trenton, New Jersey; and New Jersey Transit (Region 8); Portland Maine; Norwalk, Connecticut; Connecticut Department of Corrections; North Providence, Rhode Island (Region 19); and Wicomico County, Maryland (Region 20). 15 See Appendix A. These licensees are: Davis, California; San Francisco, California (Region 6); Adams 12 Star Schools, Colorado (Region 7); Old Bridge Township, New Jersey; New York City (DOITT) (Region 8); State of Illinois (IPSAN) (Region 13); State of Indiana (Region 14); West Hartford, Connecticut; Cambridge, Massachusetts; Massachusetts Department of Corrections; Massachusetts State Police (region 19); Anne Arundel County, Maryland, Baltimore, Maryland; Baltimore County, Maryland (Phases I and II); Carroll County, Maryland; Harford County, Maryland; State of Maryland (MDOT-MAA); State of Delaware (Region 20); Marion County, Oregon (Region 35); Chesterfield County, Virginia; Culpeper County, Virginia; Henrico County, Virginia; Hopewell, Virginia; Newport News, Virginia (Region 42); Milwaukee County, Wisconsin; Chicago Dept. of Aviation, Illinois; Chicago (OEMC), Illinois; Elgin, Illinois; Gundy County, Illinois; Joliet, Illinois; Aurora, Illinois; Montgomery, Illinois; Naperville, Illinois (Region 54). Federal Communications Commission DA 08-1427 4 submitting a supplemental waiver request by July 18, 2008 that includes a proposed rebanding timetable as set out in the Waiver Guidance Notice.16 As discussed above, the timetable should include proposed milestone dates for completion of subscriber equipment deployment, system cutover, and post-cutover system modifications.17 The timetable should also include the amount of additional time that the licensee estimates is reasonably required to complete planning and negotiate its FRA. Upon filing of a timely supplemental waiver request that meets these criteria, the interim relief granted by this order will extend until the Bureau acts on the request. IV. ORDERING CLAUSE 9. Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission’s rules, 47 C.F.R. §§ 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.925 of the Commission’s rules, 47 C.F.R. § 1.925, IT IS ORDERED that the requests for interim waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A of this order are GRANTED to the extent described herein. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau 16 See Waiver Guidance Notice, 23 FCC Rcd at 665-666. Licensees may amend their waiver requests after July 18, 2008 to revise their proposed milestone dates should such revision be warranted based on subsequent developments (e.g., scheduling information resulting from a subsequently negotiated FRA or a subsequent TA-sponsored Implementation Planning Session). 17 See ¶ 5, supra. Federal Communications Commission DA 08-1427 5 APPENDIX A Region 6 (Northern California) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Alameda County, CA KNNQ366 February 21, 2008 May 31, 2008 30 days from release of this Order Davis, CA WQAJ611 March 11, 2008 September 1, 2008 July 18, 2008 City and County of San Francisco, CA WNXV207 March 17, 2008 September 1, 2008 July 18, 2008 Richmond, CA WPGR333 March 17, 2008 April 15, 2008 30 days from release of this Order Roseville, CA WPMQ537 March 17, 2008 April 23, 2008 30 days from release of this Order Region 7 (Colorado) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted City and County of Denver, CO KNN4200 March 17, 2008 April 15, 2008 30 days from release of this Order Adams 12 Star Schools, CO WPQC884 March 17, 2008 August 31, 2008 July 18, 2008 Region 8 (Metropolitan New York Region) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Suffolk County, NY WNNM880 March 17, 2008 March 28, 2008 30 days from release of this Order New Jersey Transit WNWI428 April 24, 200818 June 9, 2008 30 days from release of this Order Union City, NJ WPWN762 March 17, 2008 May 1, 2008 30 days from release of this Order Waterbury, CT WNNM913 March 17, 2008 May 1, 2008 30 days from release of this Order 18 Waiver Request filed by Transition Administrator. Federal Communications Commission DA 08-1427 6 Trenton, NJ WPGP231 March 17, 2008 May 5, 2008 30 days from release of this Order State of New York (Division of State Police) WNNM915 April 21, 200819 May 21, 2008 30 days from release of this Order Old Bridge Township, NJ WNAJ329 March 17, 2008 June 30, 2009 July 18, 2008 Region 13 (Illinois) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted IPSAN WPKG583 March 17, 2008 February 28, 2009 July 18, 2008 Peoria County, IL WQAB235 March 17, 2008 May 31, 2008 30 days from release of this Order Region 14 (Indiana) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted State of Indiana KNNP956 March 17, 2008 August 1, 2008 July 18, 2008 Region 19 (New England) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Portland, ME WPMW699 March 17, 2008 April 4, 2008 30 days from release of this Order Norwalk, CT WNQS468 March 17, 2008 April 15, 2008 30 days from release of this Order Connecticut Department of Corrections WPAR691 March 17, 2008 May 1, 2008 30 days from release of this Order Wethersfield, CT WPLY874 June 10, 2008 August 31, 2008 July 18, 2008 Hampden, MA WQID749 April 22, 2008 June 26, 2008 June 26, 2008 Boston Public Health Commission WPHZ634 March 17, 2008 July 1, 2008 July 1, 2008 West Hartford, CT WPMN274 March 17, 2008 July 15, 2008 July 15, 2008 Cambridge, MA WPSE405 May 20, 200820 June 13, 2008 30 days from 19 This request supersedes the request filed by the State of New York on March 21, 2008 requesting an interim waiver until April 11, 2008. Federal Communications Commission DA 08-1427 7 release of this Order Massachusetts Department of Corrections KNNF711 March 17, 2008 September 30, 2008 July 18, 2008 Hartford Hospital, CT WQHZ494 April 22, 2008 September 1, 2008 July 18, 2008 Hartford, CT WPSJ542 March 17, 2008 February 28, 2009 July 18, 2008 Massachusetts Water Resources Authority WPRX288 March 17, 2008 July 15, 2008 July 25, 200821 Massachusetts State Police WQCM953 March 13, 2008 No date July 18, 2008 North Providence, RI WQEE893 March 17, 2008 May 16, 2008 30 days from release of this Order Region 20 (Maryland/District of Columbia/Northern Virginia) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Anne Arundel County, MD KNJU751 March 17, 2008 October 1, 2008 July 18, 2008 Baltimore, MD WQCB503 March 17, 2008 August 18, 2008 July 18, 2008 Baltimore County, MD (Phase I) WNAS444 March 17, 2008 No date July 18, 2008 Baltimore County, MD (Phase II) WNLM765 March 17, 2008 August 18, 2008 July 18, 2008 Calvert County, MD WPFN680 March 12, 2008 May 30, 2008 30 days from release of this Order Carroll, County, MD WPIQ515 March 17, 2008 August 18, 2008 July 18, 2008 Harford County, MD WQAK305 March 17, 2008 August 18, 2008 July 18, 2008 Howard County, MD WPQZ923 March 17, 2008 August 18, 2008 July 18, 2008 State of Maryland (MDOT – MAA) WQFL987 March 17, 2008 August 18, 2008 July 18, 2008 Upper Maryland Eastern Shore Consortium WPSG976 March 17, 2008 May 30, 2008 30 days from release of this Order Wicomico County, WMPU653 April 17, 2008 April 18, 2008 30 days from 20 This request supersedes the request filed by Cambridge on March 17, 2008 requesting an interim waiver until May 20, 2008. 21 Because Massachusetts Water Resources Authority system is dependent on the Massachusetts State Police system, we grant MWRA until July 25, 2008 to submit its proposed schedule so that it has an opportunity to review the proposed schedule submitted by the Massachusetts State Police. Federal Communications Commission DA 08-1427 8 MD release of this Order Region 28 (Eastern Pennsylvania/New Jersey/Delaware) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted State of Delaware22 WPIQ290 March 17, 2008 September 1, 2008 July 18, 2008 Lancaster County, PA WPZC615 March 17, 2008 May 25, 2008 30 days from release of this Order Region 35 (Oregon) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Marion County, OR WQDY702 March 17, 2008 September 30, 2008 July 18, 2008 Region 42 (Virginia) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Albemarle County, VA23 WPUA888 March 14, 2008 June 30, 2008 June 30, 2008 Chesterfield County, VA24 KNJU750 March 14, 2008 August 15, 2008 July 18, 2008 Henrico County, VA25 WPMP987 March 14, 2008 August 15, 2008 July 18, 2008 Richmond, VA26 WPPB793 March 14, 2008 August 15, 2008 July 18, 2008 Roanoke, VA WNJU627 March 12, 2008 July 30, 2008 July 18, 2008 Roanoke County, WNJU627 March 12, 2008 July 30, 2008 July 18, 2008 22 Delaware separately filed two previous requests for additional time to complete planning and submit a cost estimate to Sprint by June 12, 2008 and August 12, 2008. We dismiss these requests as moot. 23 Albemarle separately requested an extension to complete planning by April 30, 2008. We dismiss this request as moot. 24 Chesterfield separately requested an extension to complete planning by June 10, 2008. We dismiss this request as moot. 25 Henrico separately requested an extension to complete planning by June 10, 2008. We dismiss this request as moot. 26 Richmond separately requested an extension to complete planning by June 10, 2008. We dismiss that request as moot. Federal Communications Commission DA 08-1427 9 VA York County, VA WQAW910 March 14, 200827 May 30, 2008 30 days from release of this Order Region 45 (Wisconsin) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Brown County, WI Public Safety Communications WQAP246 March 7, 2008 May 30, 2008 30 days from release of this Order State of Wisconsin WNUX451 March 16, 2008 May 30, 2008 30 days from release of this Order Region 54 (Chicago/Southern Lake Michigan Region) Licensee Call Sign/Lead Call Sign Date Interim Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Milwaukee County, WI WNWI428 March 17, 2008 July 31, 2008 July 18, 2008 Chicago Dept. of Aviation WNAJ329 March 17, 2008 July 1, 2008 July 1, 2008 Chicago, IL (OEMC) WPFY216 March 17, 2008 August 30, 2008 July 18, 2008 Elgin, IL WPKG583 March 17, 2008 July 15, 2008 July 15, 2008 Grundy County, IL WPUE331 March 17, 2008 July 20, 2008 July 18, 2008 Joliet, IL WPJT201 March 17, 2008 July 1, 2008 July 1, 2008 Aurora, IL WPCW888 March 17, 2008 September 30, 2008 July 18, 2008 Naperville, IL WNUX421 March 17, 2008 September 30, 2008 July 18, 2008 Montgomery, IL WNSS277 May 29, 2008 None July 18, 2008 27 York County supplemented its request on May 15, 2008.