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 13-2027 Released: October 18, 2013 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU EXTENDS 800 MHZ APPLICATION FREEZE FOR CERTAIN WAVE 4 BORDER AREA NPSPAC AND NON- NPSPAC LICENSEES ALONG THE U.S.-CANADA BORDER WT Docket No. 02-55 By this Public Notice, the Public Safety and Homeland Security Bureau (Bureau) extends the freeze on the filing of new non-rebanding related 800 MHz applications along the U.S.-Canada border until April 18, 2014, but only in the NPSPAC regions listed in the attached Appendix. This extension of the freeze on non-rebanding applications is needed to preserve vacant channels for licensees re-tuning their systems according to the reconfigured band plan adopted by the Bureau for licensees operating along the U.S.-Canada border.1 The Bureau established a thirty-month transition timetable, beginning October 14, 2008, for Wave 4 800 MHz licensees in the U.S. - Canada border regions to complete band reconfiguration.2 During this transition, licensees operating in the U.S. - Canada border regions are required to engage in planning and to negotiate and enter into Frequency Relocation Agreements (FRAs) with Sprint Nextel Corp. (Sprint) to transition to the new band plan.3 Coincident with adoption of the thirty-month transition timetable, the Bureau froze acceptance of new 800 MHz applications during the planning and negotiation period.4 The purpose of this application freeze was to preserve the spectral landscape in the U.S.-Canada border region while the 800 MHz Transition Administrator (TA) determined replacement channels for relocating licensees.5 That freeze was later reinstated and extended until October 15, 2013.6 1 See Improving Public Safety Communications in the 800 MHz Band, New 800 MHz Band Plan for U.S. - Canada Border Regions, WT Docket 02-55, Second Report and Order, 23 FCC Rcd 7605 (PSHSB 2008). 2 See Public Safety and Homeland Security Bureau Announces that the 30-Month Transition Period for 800 MHz Band Reconfiguration in Regions Along the U.S.-Canada Border will Commence on October 14, 2008, WT Docket No. 02-55, Public Notice, 23 FCC Rcd 14877 (PSHSB 2008) (US-Canada Border Rebanding PN). 3 Id. at 14878. 4 Id. at 14878-79. 5 See Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, WT, Memorandum Opinion and Order, 20 FCC Rcd 16015, 16057 ¶ 97 (2005). 6 See Public Safety and Homeland Security Bureau Reinstates 800 MHz Application Freeze for Wave 4 Border Area NPSPAC and Non-NPSPAC Licensees Along the U.S.-Canada Border, WT Docket 02-55, Public Notice, 25 FCC Rcd 11049, 11049-50 (PSHSB 2010). See also Public Safety and Homeland Security Bureau Extends 800 MHz Application Freeze for Wave 4 Border Area NPSPAC and Non-NPSPAC Licensees Along the U.S.-Canada Border, Public Notice, 28 FCC Rcd 4675 (PSHSB 2013). 2As of this date, many border region licensees have yet to complete their system re-tunes. Accordingly, to preserve currently vacant channels for use by these licensees and avoid potential licensing conflicts that could delay rebanding, we have determined that temporarily extending the freeze in four border-area NPSPAC regions is in the public interest. We therefore are extending the freeze on acceptance of non-rebanding applications for 800 MHz licenses but only in the NPSPAC Regions listed in the Appendix. This freeze also applies to those stations located within seventy miles of the borders of the NPSPAC Regions listed in the Appendix. Note that the freeze on the acceptance of non-rebanding applications is no longer needed in NPSPAC Region 30 (Eastern Upstate NY) and Region 36 (Western PA). The freeze applies only to applications for new facilities or modification applications that involve a change of frequency or expand a station’s existing coverage area.7 Applications that have no effect on frequency or coverage (e.g., administrative updates, assignments/transfers, and renewal-only applications) are exempt from the freeze.8 Licensees on pre-rebanding channels proposing to expand coverage or add a new channel during the freeze may seek Special Temporary Authorization (STA) based upon an appropriate showing of public interest need as described in the Bureau's December 2006 STA Guidance PN.9 Furthermore, licensees on post-rebanding channels proposing to expand coverage or add a new channel during the freeze may apply for permanent authorization provided they include a request for waiver of the freeze with their application. In either case, licensees must include a concurrence letter from the TA with their STA or waiver request and application. Licensees may request a concurrence letter from the TA by emailing an electronic copy of their draft application to the TA at: AppReview@800TA.org. For further information, contact: Brian Marenco, Policy Division, Public Safety and Homeland Security Bureau, at (202) 418-0838 or Brian.Marenco@fcc.gov. Action by the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau. – FCC – 7 US-Canada Border Rebanding PN, 23 FCC Rcd at 14879. 8 Id. 9 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). 3APPENDIX NPSPAC Regions Along U.S. - Canada Border Subject to Freeze NPSPAC Region Description of Region10 21 Michigan 33 Ohio 43 Washington State 55 Western Upstate NY 10 Regions that are only a portion of a state or states are defined by counties. A list of the counties in each of these regions can be accessed at http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt.