Federal Communications Commission Washington, D.C. 20554 January 16, 2009 DA 09-77 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 Requests for Extension of Time Fixed Wireless Holdings, LLC Transition of the 2500-2690 MHz Band Transition Areas: BTA Number 57: Brownwood, TX BTA Number 441: Temple-Killeen, TX BTA Number 459: Waco, TX Dear Ms. Sodos-Wallace: On December 16, 2008, NSAC, LLC, a wholly-owned subsidiary of Clearwire Corporation (together “Clearwire”), filed Requests for Extension of Time to complete the transition for the Basic Trading Areas (BTA) noted above.1 For the reasons discussed below, we grant Clearwire’s requests and extend the deadline for completing the transition in those BTAs to February 28, 2009. Nextel Spectrum Acquisition Corp. submitted Initiation Plans for the BTAs in question on February 12, 2007.2 Subsequently, Clearwire acquired control of NSAC, LLC, the successor-in-interest to Nextel Spectrum Acquisition Corp, from Sprint Nextel Corporation.3 According to the Commission’s Rules, Clearwire was required to complete the transition by mid-November, 2008.4 Clearwire contends that because Central Texas Communications, Inc. has requested a waiver to opt out of the transition, “Clearwire cannot be sure what is required with respect to certain effected licenses. . .”5 Clearwire also states that it is focusing on integrating its business and existing services with Sprint Nextel’s operations into a new company.6 1 Letters from Nadja S. Sodos-Wallace, Clearwire Corporation, to Office of the Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed Dec. 16, 2008) (Clearwire Letters). 2 Letters from Robert H. McNamara, Director, Spectrum Management, Government Affairs, Sprint Nextel Corporation, to Marlene H. Dortch, Federal Communications Commission, WT Docket No. 06-136 (dated Feb. 12, 2007). 3 Letters at 1. See Sprint Nextel Corporation and Clearwire Corporation, WT Docket No. 08-94, Memorandum Opinion and Order, FCC 08-259 (rel. Nov. 7, 2008). 4 See 47 C.F.R. §§ 27.1232(a) and (b)(1)(vi). 5 Letters at 2. 6 Id. Nadja S. Sodos-Wallace 2 We find that Clearwire has shown good cause for a brief extension. 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. We note that copies of the requests were served on the affected licensees, and no oppositions were filed. Thus, we grant Clearwire an extension of time to transition the BTAs noted above until February 28, 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 Requests for Extension of Time filed by NSAC, LLC on December 16, 2008 ARE GRANTED, and the time for completing the transition in the Basic Trading Areas listed above IS EXTENDED TO February 28, 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