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 09-2061 September 16, 2009 POST-TRANSITION NOTIFICATIONS FILED IN WT DOCKET NO. 06-136 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) announces the filing of Post- Transition Notifications by Nextel Spectrum Acquisition Corp., a wholly owned subsidiary of Sprint Nextel Corporation (collectively “Sprint Nextel”), Clearwire Corporation, and its wholly-owned subsidiaries, Clearwire Spectrum Holdings LLC, Clearwire Spectrum Holdings II LLC, Fixed Wireless Holdings LLC, PCTV Gold, LLC, and PCTV Gold II, LLC (together “Clearwire”), SpeedNet, LLC, and Polar Communications 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 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 When the transition has been completed, the proponent must file a copy of the Post-transition Notification with the Secretary’s Office certifying that the Transition Plan has been fully 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, 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). 2 implemented. The proponent must also provide copies of the Post-transition Notification to all parties to the transition. Any BRS or EBS licensee who objects to a Post-Transition Notification listed in the Appendix to this Public Notice must file an objection with the Secretary’s Office by October 16, 2009. The Post-transition Notifications listed in the Appendix to this Public Notice were filed as described in the Appendix. Copies of the Post-transition Notifications listed in the Appendix, 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 APPENDIX – POST-TRANSITION NOTIFICATIONS FILED BTA Number BTA Name Proponent Date Filed BTA83 Clarksville, TN-Hopkinsville, KY Clearwire Spectrum Holdings LLC 8/11/2009 BTA85 Cleveland, TN Clearwire Spectrum Holdings II LLC 9/10/2009 BTA92 Columbus, GA Clearwire Spectrum Holdings LLC 9/10/2009 BTA102 Dalton, GA Clearwire Spectrum Holdings II LLC 9/10/2009 BTA156 Fredericksburg, VA Fixed Wireless Holdings, LLC 8/11/2009 BTA166 Grand Forks, ND Polar Communications 8/3/2009 BTA194 Houghton, MI Fixed Wireless Holdings, LLC 9/10/2009 BTA206 Iron Mountain, MI Fixed Wireless Holdings, LLC 9/10/2009 BTA229 Kingsport, TN-Johnson City, TN- Bristol, VA-TN, TN Fixed Wireless Holdings, LLC 8/11/2009 BTA249 Lebanon-Claremont, NH Fixed Wireless Holdings, LLC 9/10/2009 BTA307 Mount Pleasant, MI PCTV Gold II, LLC 9/10/2009 BTA342 Parkersburg, WV-Marietta, OH Clearwire Spectrum Holdings LLC 9/10/2009 BTA390 Saginaw-Bay City, MI PCTV Gold, LLC and SpeedNet, LLC 7/17/2009 BTA402 San Diego, CA Nextel Spectrum Acquisition Corp. 12/4/2007 BTA430 Staunton-Waynesboro, VA Clearwire Corporation 8/11/2009 BTA446 Traverse City, MI PCTV Gold II, LLC 9/10/2009