Federal Communications Commission Washington, D.C. 20554 January 16, 2009 DA 09-75 Nadja S. Sodos-Wallace Regulatory Counsel, Assistant Secretary Clearwire Corporation 815 Connecticut Avenue, N.W., Suite 610 Washington, D.C. 20006 RE: WT Docket No. 06-136 Request for Extension of Time Fixed Wireless Holdings, LLC Transition of the 2500-2690 MHz Band Transition Area: BTA Number 36: Bellingham, WA Dear Ms. Sodos-Wallace: On July 31, 2008, Fixed Wireless Holdings LLC, a wholly-owned subsidiary of Clearwire Corporation (together “Clearwire”), filed a Request for Extension of Time to complete the transition for Basic Trading Area (BTA) Number 36, Bellingham, Washington, which borders on Canada.1 On August 7, 2008, Clearwire filed a second letter confirming that it had served a copy of the Request for Extension of Time on Nextel Spectrum Acquisition Corporation, the only other licensee to be transitioned in BTA 36.2 For the reasons discussed below, we grant Clearwire’s request for a six-month extension of time to complete the transition of BTA 36. On November 2, 2006, Clearwire submitted an Initiation Plan for Bellingham, Washington BTA, which, as noted above, borders on Canada.3 According to the Commission’s Rules, Clearwire was required to complete the transition by August 1, 2008.4 Clearwire contacted Commission staff on how to proceed with the transition in a border area.5 As a result of this consultation, Clearwire contacted Canadian operators to obtain their consent to the transition.6 Clearwire reports that its discussions with Canadian operators are on-going.7 Clearwire asks for a six-month extension of time to complete the transition.8 1 Letter from Nadja S. Sodos-Wallace, Clearwire Corporation, to Office of the Secretary, Federal Communications Commission (filed Jul. 31, 2008) (Clearwire Letter). 2 Letter from Nadja S. Sodos-Wallace, Clearwire Corporation, to Office of the Secretary, Federal Communications Commission (filed Aug. 7, 2008). 3 Letter from Terri B. Natoli, Clearwire, to Marlene H. Dortch, Federal Communications Commission, WT Docket No. 06-136 (dated Nov. 2, 2006). 4 See 47 C.F.R. §§ 27.1232(a) and (b)(1)(vi). 5 Clearwire Letter at 1. 6 Id. 7 Id. at 2. 8 Id. at 1. Nadja S. Sodos-Wallace 2 We find that Clearwire has made a good faith effort to transition the Bellingham BTA by transitioning licenses held by itself and the Nextel Spectrum Acquisition Corporation, contacting the Commission on how to proceed with a transition on the U.S./Canadian border, and working with the relevant Canadian operators. It appears that no party would be prejudiced by a grant of this extension, particularly since licensees can continue operating pursuant to the old band plan until the transition is completed. Thus, we grant Clearwire an Extension of Time to transition BTA 36: Bellingham, Washington until February 2, 2009. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.46 and 27.1232(b)(1)(vi) of the Commission’s Rules, 47 C.F.R. §§ 1.46, 27.1232(b)(1)(vi) that the Request for Extension of Time filed by Fixed Wireless Holdings, LLC on July 31, 2008 IS GRANTED, and the time for completing the transition in the Bellingham, Washington Basic Trading Area (BTA 36) IS EXTENDED TO February 2, 2009. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331. Sincerely yours, John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau