Federal Communications Commission DA 08-1653 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Improving Public Safety Communications in the 800 MHz Band Requests for Waiver of June 26, 2008 Rebanding Deadline ) ) ) ) ) ) ) WT Docket No. 02-55 ORDER Adopted: July 14, 2008 Released: July 14, 2008 By the Associate Chief, Public Safety and Homeland Security Bureau: I. INTRODUCTION 1. On June 17, 2008, we released a series of orders addressing approximately 500 requests by public safety licensees for waiver of the June 26, 2008 deadline to complete 800 MHz rebanding.1 In this order, we act on certain additional requests for waiver that were filed after June 17 or were otherwise not addressed in the prior orders. Consistent with our June 17 orders, we grant these waivers to the extent discussed below. II. BACKGROUND 2. In our June 17 orders, we granted waivers to public safety licensees seeking extensions to complete rebanding on or before July 1, 2009, and granted partial relief to licensees requesting more lengthy extensions.2 In addition, we granted interim relief to licensees requesting more time to submit proposed timetables because they are still in planning or negotiations. We directed these licensees to submit supplemental waiver requests with proposed timetables on or before July 18, 2008.3 Since we 1 Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Order, DA 08-1427 (PSHSB rel. June 17, 2008) (Wave 1 Interim Waiver Order); DA 08-1428 (PSHSB rel. June 17, 2008) (Wave 1 Waiver Order); DA 08-1429 (PSHSB rel. June 17, 2008) (Wave 2 Interim Waiver Order); DA 08-1430 (PSHSB rel. June 17, 2008) (Wave 2 Waiver Order); DA 08-1431 (PSHSB rel. June 17, 2008) (Wave 3 Interim Waiver Order); Order, DA 08-1432 (PSHSB rel. June 17, 2008) (Wave 3 Waiver Order); Order, DA 08-1433 (PSHSB rel. June 17, 2008) (Wave 4 Interim Waiver Order); Order, DA 08-1434 (PSHSB rel. June 17, 2008) (Wave 4 Waiver Order). 2 See Wave 1 Waiver Order at ¶¶ 4-12; Wave 2 Waiver Order at ¶¶ 4-13; Wave 3 Waiver Order at ¶¶ 4-9; Wave 4 Waiver Order at ¶¶ 4-9. 3 See Wave 1 Interim Waiver Order at ¶¶ 5-8; Wave 2 Interim Waiver Order at ¶¶ 5-9; Wave 3 Interim Waiver Order at ¶¶ 5-8; Wave 4 Interim Waiver Order at ¶¶ 5-9. We clarify that licensees that received interim waivers should use the Transition Administrator’s “standard” waiver form, not the interim waiver form, when they submit their supplemental waiver requests, even if they do not yet have a completed Frequency Reconfiguration Agreement (FRA). See, e.g., Wave 1 Interim Waiver Order at ¶ 5 n.9. The standard form seeks the estimated implementation milestones that we directed licensees to provide. In that connection, licensees without FRAs should provide their best estimate of their proposed implementation schedule. Upon completing the FRA, such licensees may amend their waiver requests to reflect revisions to proposed milestone dates that have been negotiated in the FRA. See id. at ¶ 8 n.16. Federal Communications Commission DA 08-1653 2 released the June 17 orders, some additional licensees have filed waiver requests. We also correct certain ministerial errors and address some waiver requests that were previously filed but were not addressed in our prior orders. III. DISCUSSION 3. Consistent with our June 17 orders, we grant the waiver requests of licensees that propose to complete their rebanding prior to July 1, 2009 and have requested waiver dates accordingly.4 With regard to licensees that have submitted interim waiver requests,5 we grant interim relief to each of these licensees, conditioned on the licensee submitting a supplemental waiver request by no later than July 25, 2008 that includes a proposed rebanding timetable.6 As discussed in the June 17 interim waiver orders, each timetable should include proposed milestone dates for completion of subscriber equipment deployment, system cutover, and post-cutover system modifications.7 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. 4. McHenry County, Illinois (Region 13) has requested a waiver until December 2009, primarily because of its need to reband its system simultaneously with the State of Illinois’ STARCOM21 system.8 In the Wave 1 Order, we granted the State of Illinois a waiver until May 8, 2009 to complete rebanding of the STARCOM21 system.9 We therefore grant McHenry County an equivalent extension until May 8, 2009. 5. Consolidated Edison of New York, Inc. (Region 8) (Con Ed) has requested a waiver to allow development and testing of “band maps” that will be programmed into Con Ed’s mobile and portable units to enable efficient use of the system’s post-rebanding channels.10 This work is to be performed by Sprint Nextel, which provides management and maintenance for the system under contract to Con Ed.11 Con Ed requests a waiver until December 31, 2008 or 6 months after completion of band map testing, whichever is later.12 We grant a waiver until December 31, 2008, at which time Con Ed may seek additional time if necessary based upon a sufficient showing of its progress to date. 4 See Appendix A. 5 In the Wave 4 Interim Order, we granted Santa Fe, New Mexico (Region 29) until July 17, 2008 to submit a final timetable for completing rebanding. See Wave 4 Interim Order at Appendix A. However, we did not address a separate waiver request filed by Santa Fe that proposed to complete rebanding by July 18, 2008. Petition of Santa Fe, New Mexico, filed April 15, 2008. We grant Santa Fe a waiver until July 18, 2008, but if Santa Fe is unable to complete rebanding by that date, it should submit a supplemental request and proposed timetable on July 17 as previously required. 6 See Appendix B. Two licensees – Dakota County, Minnesota (Region 22), and Denton County, Texas (Region 40) -- have requested interim waiver dates that are now past, but have not subsequently filed a proposed timetable or any other supplemental filings. In addition, Apopka, Florida (Region 9) requested an interim waiver date of July 15, 2008, the day after the release of this order. We require those licensees to file supplemental waiver requests with proposed rebanding timetables within 15 days of the release of this order. 7 See, e.g., Wave 1 Interim Waiver Order at ¶ 5; see also note 3, supra. 8 See Petition of McHenry County, Illinois, filed June 16, 2008. 9 Wave 1 Waiver Order at Appendix A. 10 See Request for Partial Waiver, Consolidated Edison of New York, Inc., filed June 25, 2008, at 1-2. 11 Id. at 3. 12 Id. at 5. Federal Communications Commission DA 08-1653 3 6. Some licensees have requested waivers but have not specified an extension date or proposed milestone dates for completion of interim rebanding steps.13 We hold these waiver requests in abeyance and direct these licensees to supplement their requests within 30 days of the release of this order by submitting proposed extension dates, including milestone dates for subscriber unit deployment, system cutover, and post-cutover modifications. Upon receipt of the supplemental information, we will act on these waiver requests. 7. We also take this opportunity to correct certain ministerial errors in the June 17 orders. In those orders, we identified certain licensees by incorrect call signs, which we correct in Appendix C. We also inadvertently addressed waiver requests by Glenville, New York and Cumberland County, Pennsylvania in both the Wave 1 Waiver Order and the Wave 4 Waiver Order. We clarify that the Wave 4 Waiver Order applies to these licensees, both of which are grouped in Wave 4. IV. ORDERING CLAUSE 8. 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 waiver of the June 26, 2008 deadline submitted by the licensees listed in Appendix A and Appendix B 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 13 These licensees are: Hanover County, Virginia; Michael C. Trahos, Virginia (Region 42); Liberty Communications, Inc., Florida (Region 9); Michael Lees, South Dakota (Region 38); and Western Communications, Inc., South Dakota (Region 38). Federal Communications Commission DA 08-1653 4 APPENDIX A Standard Waivers Region 1 (Alabama) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Center Point Fire District, AL 1627 WPSK431 June 26, 2008 June 26, 2009 June 26, 2009 Huntsville, AL14 1587 WHPI451 May 22, 2008 July 1, 2009 July 1, 2009 Opelika, AL 1565 WPHR813 May 15, 2008 September 1, 2008 September 1, 2008 Talladega County, AL 1614 WQCL804 June 26, 2008 September 26, 2008 September 26, 2008 Region 6 (Northern California) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted San Jose, CA 1609 WPMD615 June 11, 2008 October 31, 2008 October 31, 2008 Region 7 (Colorado) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Aurora, CO 1612 WPGT605 June 23, 2008 July 26, 2008 July 26, 2008 Region 8 (Metro New York) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted East Hampton, NY 1604 WPKG788 June 17, 2008 October 3, 2008 October 3, 2008 Industrial Communication PA 1137 WNVW597 March 17, 2008 January 31, 2009 January 31, 2009 Consolidated 1616 KB1083 June 25, 2008 December 31, December 31, 14 In the Wave 3 Waiver Order, we granted Huntsville, Alabama a waiver until June 26, 2009. The actual waiver date requested by Huntsville was July 1, 2009, which we hereby grant. Federal Communications Commission DA 08-1653 5 Edison of New York, Inc. 2008, or 6 months after testing 2008 Region 9 (Florida) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Liberty Communication Inc., FL 1104 KNIQ708 March 17, 2008 Unspecified Held in abeyance – Provide milestone dates within 30 days of this Order Miami Beach, FL 1642 WNFW911 June 25, 2008 June 26, 2009 June 26, 2009 Miramar, FL (Stage 1) 1477 WNAF764 April 15, 2008 September 30, 2008 September 30, 2008 Region 10 (Georgia) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Atlanta Public Schools, GA 1632 WPLW591 June 26, 2008 March 2009 March 1, 2009 Forest Park, GA 1586 WQCK323 May 22, 2008 September 28, 2008 September 28, 2008 Region 15 (Iowa) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted University of Northern Iowa, IA 1559 WPMB883 May 9, 2008 August 29, 2008 August 29, 2008 Waterloo, IA 1560 WPJS208 May 9, 2008 August 29, 2008 August 29, 2008 Federal Communications Commission DA 08-1653 6 Region 16 (Kansas) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Wabaunsee County, KS15 1239 WPVY317 March 17, 2008 December 31, 2008 December 31, 2008 Region 18 (Louisiana) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Beauregard Parish Sheriff’s Office, LA 1623 WPZS800 June 26, 2008 December 31, 2008 December 31, 2008 Bossier, LA 1625 WNBU589 June 26, 2008 January 7, 2009 January 7, 2009 Bossier Parish, LA 1626 WPGU283 June 26, 2008 November 25, 2008 November 25, 2008 Region 20 (District of Columbia, Maryland and Northern Virginia) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Somerset County, MD 1566 WPWR884 May 15, 2008 April 30, 2009 April 30, 2009 Region 22 (Minnesota) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Ramsey County, MN 1615 WQBT680 June 25, 2008 July 31, 2008 July 31, 2008 Region 23 (Mississippi) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Hancock, MS16 1336 WQGN490 June 18, 2008 January 25, 2009 January 25, 2009 15 In the Wave 2 Waiver Order, we granted Wabaunsee County, Kansas, a waiver until December 1, 2008. The actual waiver date requested by Wabaunsee County was December 31, 2008, which we hereby grant. 16 In the Wave 3 Waiver Order, we granted Hancock’s request for an extension until July 25, 2008. On June 19, 2008, Hancock filed a second request seeking a new waiver date of January 25, 2009 to allow additional time for (continued....) Federal Communications Commission DA 08-1653 7 Hinds County, MS 1606 WPUC336 June 18, 2008 December 31, 2008 December 31, 2008 Madison, MS 1622 WNQL558 June 26, 2008 December 1, 2008 December 1, 2008 Ridgeland, MS 1621 WQCB555 June 26, 2008 September 30, 2008 September 30, 2008 Region 22 (Minnesota) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Joplin, MO 1613 WPCJ396 June 23, 2008 December 31, 2008 December 31, 2008 Region 28 (Eastern Pennsylvania/New Jersey/Delaware) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Cumberland County, NJ 1631 WQDY322 June 19, 2008 October 6, 2008 October 6, 2008 Region 38 (South Dakota) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Michael A. Lees, SD 1460 WNWN345 April 15, 2008 Unspecified Held in abeyance – Provide milestone dates within 30 days of this Order Western Communications, SD 1398 WPSA457 April 15, 2008 Unspecified Held in abeyance – Provide milestone dates within 30 days of this Order (...continued from previous page) release of one of its assigned channels by Jefferson Parish, Louisiana. Second Request for Waiver, Hancock, Mississippi, filed June 18, 2008, at 1-2. We grant this request. Federal Communications Commission DA 08-1653 8 Region 39 (Tennessee) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Sullivan County, TN 1605 WPPH365 June 17, 2008 March 31, 2009 March 31, 2009 Region 40 (Dallas/Central & Northeast TX) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Rockwall, TX 1588 WQGI401 May 27, 2008 April 1, 2009 April 1, 2009 Region 42 (Virginia) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Hanover, VA 1592 WPEX846 June 3, 2008 Unspecified Held in abeyance – Provide milestone dates within 30 days of this Order Michael C. Trahos, VA 1620 WNYK450 June 25, 2008 Unspecified Held in abeyance – Provide milestone dates within 30 days of this Order Petersburg, VA 1094 WQGW850 March 15, 2008 August 15, 2008 August 15, 2008 Spotsylvania County, VA 1106 WPHD339 March 17, 2008 December 31, 2008 December 31, 2008 Region 49 (Austin/Central TX) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Fayette County, TX 1625 WQID535 June 26, 2008 February 24, 2009 February 24, 2009 Hays County, TX 1617 WQGA634 June 24, 2008 January 26, 2009 January 26, 2009 Federal Communications Commission DA 08-1653 9 Region 51 (Houston/East TX) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted University of Texas Medical Branch Police Department, TX 1619 WPRS259 June 23, 2008 September 7, 2008 September 7, 2008 Region 53 (Southern Texas) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Bexar Metropolitan Water District, TX 1630 WPNU889 June 23, 2008 December 31, 2008 December 31, 2008 William A. Morgan, TX 1157 WPBV510 March 17, 2008 September 30, 2008 September 30, 2008 Region 54 (Chicago/Southern Lake Michigan) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Extension Date Requested Extension Date Granted Hammond East Chicago Interlocal, IL 1607 WPEA356 June 18, 2008 September 15, 2008 September 15, 2008 McHenry County, IL 1618 WQGZ352 June 16, 2008 December 2009 July 1, 2009 Waukesha County, WI17 1537 WNNH558 April 28, 2008 March 19, 2009 March 19, 2009 17 In the Wave 1 Waiver Order, we inadvertently listed March 19, 2008 as the extension date granted to Waukesha County, Wisconsin. The correct waiver date is March 19, 2009. Federal Communications Commission DA 08-1653 10 APPENDIX B Interim Waivers Region 9 (Florida) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Apopka, FL 1462 WNPE229 April 15, 2008 July 15, 2008 15 days from release of this Order Boca Raton, FL 1401 WNAJ768 April 15, 2008 July 31, 2008 July 25, 2008 Region 18 (Louisiana) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Calcasieu Parish Communications District, LA18 1367 WPIW973 April 14, 2008 July 31, 2008 July 25, 2008 Region 22 (Minnesota) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Dakota County, MN 1363 WQGY389 April 11, 2008 April 15, 2008 15 days from release of this Order Region 40 (Central & Northeast TX) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Denton County, TX 1335 WNJJ690 April 9, 2008 May 13, 2008 15 days from release of this Order 18 In the Wave 3 Interim Waiver Order, we inadvertently dismissed as moot the interim waiver request filed by the Calcasieu Parish Communications District, Louisiana (CPCD). By this order, we reinstate CPCD’s request and grant interim relief as indicated above. Federal Communications Commission DA 08-1653 11 Region 62 (Marianas Islands) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted L.P. Ganacias Enterprises And RadioCom Saipan, MP, Marianas Islands 1429 WNRS593 April 15, 2008 July 31, 2008 July 25, 2008 Region 63 (Guam) Licensee TA Waiver Reference Number Call Sign/Lead Call Sign Date Waiver Request Filed Interim Extension Date Requested Interim Extension Date Granted Choice Phone, LLC, Guam 1509 WPRQ765 April 15, 2008 August 15, 2008 July 25, 2008 Federal Communications Commission DA 08-1653 12 APPENDIX C Corrected Call Signs Licensee TA Waiver Reference Number Call Sign/ Lead Call Sign Public Safety Region University of California – Santa Cruz 1005 WPBH650 6 Eagle County, CO 1218 WPJL925 7 City of Denver and County of Denver, CO 1219 KNNR200 7 New Jersey Transit 1147 WNSM959 8 Old Bridge Township, NJ 1311 WNVR831 8 Essex, NJ 1595 WNQS440 8 Allen County and Fort Wayne, IN 1510 WNLX275 14 Jefferson Parish, LA 1438 KNHH513 18 Terrebone Parish Sheriff’s Office, LA 1558 WPQE500 18 Massachusetts Bay Transportation Authority 1123 WPMI460 19 Howard County, MD 1150 WPQX923 20 City of Hobbs and Lea County, NM 1397 WPKI557 29 Metro Nashville Airport Authority, TN 1528 WQGM732 39