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 08-766 Released: March 31, 2008 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU EXTENDS 800 MHZ REBANDING NEGOTIATION PERIODS FOR WAVE 4 BORDER AREA NPSPAC AND NON-NPSPAC LICENSEES WT Docket No. 02-55 By this Public Notice, the Public Safety and Homeland Security Bureau (PSHSB) extends the mandatory negotiation periods for border area NPSPAC (Stage 2) and non-NPSPAC (Stage 1) licensees in Wave 4 to July 1, 2008, and postpones the beginning of the mediation period for such licensees until July 2, 2008.1 As we have noted in prior public notices, rebanding of border area licensees in Wave 4 is affected by ongoing international discussions on US-Canada and US-Mexico border issues.2 Extending the negotiation period for these licensees will alleviate administrative burdens on licensees, avoid unnecessary rebanding expenditures, and provide additional time for resolution of border issues and issuance of frequency designations by the TA.3 During the extended negotiation period, Wave 4 border area licensees are not required to engage in planning or negotiation prior to the receipt of frequency designations from the TA, though we encourage them to engage in such activities to the extent that they are not frequency-dependent and would not result in unnecessary duplication of costs. If licensees choose to engage in such planning and negotiation activities, Sprint Nextel (Sprint) shall pay licensees’ reasonable costs in accordance with the requirements of the Commission’s orders in this proceeding.4 This extension extends the filing freeze on new applications in Wave 4 border areas until thirty working days after the July 1, 2008 date for completion of negotiations, i.e., until August 13, 2008.5 However, the freeze does not apply to modification applications that do not change an 800 MHz frequency or expand an 800 MHz station’s existing coverage area (e.g., administrative updates), 1 For details regarding rebanding waves and negotiation periods, see the 800 MHz Transition Administrator’s band reconfiguration schedule at www.800ta.org. 2 We have previously extended the negotiation periods for NPSPAC and non-NPSPAC border area licensees by separate public notices. Most recently, we jointly extended the NPSPAC and non-NPSPAC negotiation periods to April 1, 2008. See Public Safety and Homeland Security Bureau Extends 800 MHz Rebanding Negotiation Periods for Wave 4 Border Area NPSPAC and Non-NPSPAC Licensees, Public Notice, 22 FCC Rcd 21910 (PSHSB 2007). 3 The Bureau has issued a Notice of Proposed Rulemaking proposing a rebanding plan for the Canadian border region. Improving Public Safety Communications in the 800 MHz Band, Further Notice of Proposed Rulemaking¸ 22 FCC Rcd 19266 (PSHSB 2007). Negotiations with Mexico regarding 800 MHz border issues remain ongoing. 4 See FCC Announces Supplemental Procedures and Provides Guidance for Completion of 800 MHz Rebanding, Public Notice, 22 FCC Rcd 17227, 17232 (2007). 5 See Wireless Telecommunications Bureau Outlines Application Freeze Process for Implementation of 800 MHz Band Reconfiguration, Public Notice, 20 FCC Rcd 8905 (WTB 2005). 2 assignments/transfers, or renewal-only applications. In addition, Wave 4 border area licensees may expand their facilities or add channels during the freeze, based on an appropriate showing of public interest need, using the Special Temporary Authorization (STA) procedures described in the Bureau’s December 2006 STA Guidance PN.6 Facilities that are authorized under the STA procedures will be subject to rebanding, and Sprint will pay the cost of relocating such facilities to their new channel assignments.7 The extension of negotiations and the application freeze does not apply to Wave 4 licensees outside the border areas. Such licensees remain subject to the previously announced negotiation and mediation schedules for this wave. For further information, contact: Roberto Mussenden, Policy Division, Public Safety and Homeland Security Bureau, at (202) 418-1428 or Roberto.Mussenden@fcc.gov; John Evanoff, Policy Division, Public Safety and Homeland Security Bureau, at (202) 418-0848 or John.Evanoff@fcc.gov. Action by the Associate Chief, Public Safety and Homeland Security Bureau. – FCC – 6 See Public Safety And Homeland Security Bureau Provides Guidance For Public Safety Licensees With Regard To License Application And Special Temporary Authorization Procedures And Payment Of Frequency Relocation Costs For Public Safety Facilities Added During 800 MHz Band Reconfiguration, Public Notice, 21 FCC Rcd 14658 (PSHSB 2006). 7 Id. at 14661.