Federal Communications Commission	DA 20-16



DA 20-16
Released:  January 6, 2020

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU REMINDS REBANDING 800 MHZ LICENSEES THAT HAVE COMPLETED PHYSICAL RECONFIGURATION TO PROVIDE NOTICE OF DISPUTES OR COMPLETION CERTIFICATIONS BY JANUARY 15, 2020
WT Docket No. 02-55

	This Public Notice reminds 800 MHz licensees engaged in rebanding of the following important compliance date to expedite the conclusion of the rebanding program:

In the 800 MHz Rebanding Streamlining Order, Improving Public Safety Communications in the 800 MHz Band, Order and Sixth Further Notice of Proposed Rulemaking, ___ FCC Rcd ____ (2019) (FCC 19-108) (800 MHz Rebanding Streamlining Order).
 released October 28, 2019, the Commission required rebanding 800 MHz licensees that have completed physical reconfiguration Physical reconfiguration is complete when all system infrastructure and radios have been retuned, the licensee has commenced operations on its assigned post-rebanding frequencies, and, when required by the rebanding agreement between Sprint and the licensee, pre-rebanding channels have been removed from the licensee’s radios. See Improving Public Safety Communications in the 800 MHz Band, Declaratory Ruling, 32 FCC Rcd 7528 (PSHSB 2017) at 2 n 6. 
 and have unresolved disputes with Sprint Corporation (Sprint) to so notify Sprint and the 800 MHz Transition Administrator (TA) within 20 business days of the effective date of the order. 800 MHz Rebanding Streamlining Order at para. 12.
  The Commission also required licensees that have completed physical reconfiguration and have no unresolved disputes with Sprint, but have not provided a completion certification to Sprint, to submit an executed completion certification to Sprint within 20 business days of the effective date of the order. Id. at para 13. 
  

The effective date of the 800 MHz Rebanding Streamlining Order was December 16, 2019. The 800 MHz Rebanding Streamlining Order was published in the Federal Register on November 14, 2019, 84 FR 61831-01.  The order specified that it was to be effective 30 days after publication in the Federal Register. 800 MHz Rebanding Streamlining Order at para. 34.  The 30-day period ended on December 14, 2019, a Saturday. Accordingly, the Federal Register stated the effective date as the next business day, Monday December 16, 2019. 84 FR 61831-01.  
  Pursuant to section 1.42(c) of the Commission’s rules, 47 CFR 1.42(c) (“General Rule - Computation of Beginning Date When Action is Initiated by Act, Event or Default. Commission procedures frequently require the computation of a period of time where the period begins with the occurrence of an act, event or default. Unless otherwise provided, the first day to be counted when a period of time begins with the occurrence of an act, event or default is the day after the day on which the act, event or default occurs”).
 the day after the effective date of the order  establishes the start of the 20-business day period.  Accordingly licensees must submit notifications of unresolved disputes or executed completion certifications by January 15, 2020.  Notifications may be made by email to the TA at TAMediation@squirepb.com with a copy to Sprint at RebandingReconfig@sprint.com. The notification must include: (a) the licensee’s name as it appears on its Frequency Reconfiguration Agreement; and (b) the name, telephone number and email address of the licensee’s representative and counsel (if any) who will represent the licensee in mediation.  Licensees are encouraged, but not required, to attach to their email the nature of the licensee’s dispute with Sprint (e.g., the comparability of facilities and/or the costs of reconfiguration); a description of the issues in dispute; and any relevant documents. For further information, see http://800ta.org/content/resources/ADR_Plan.pdf. 
  Executed completion certifications may be sent to Sprint as an email attachment at RebandingReconfig@sprint.com.    

As provided in the 800 MHz Rebanding Streamlining Order, failure to file a timely notification or completion certification will result in the Public Safety and Homeland Security Bureau, upon appropriate verification, deeming the licensee to have completed rebanding, and all of the licensee’s rights under the Commission’s 800 MHz rebanding orders, including, without limitation, the right to the TA’s dispute resolution process and reimbursement of costs, will be terminated. 800 MHz Rebanding Streamlining Order at para. 13. 
 

- FCC -
  


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