Federal Communications Commission DA 21-706 DA 21-706 Released: June 16, 2021 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU AND WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCE THE POST-REBANDING AVAILABILITY FOR LICENSING OF ADDITIONAL SPRINT-VACATED, EXPANSION BAND, AND GUARD BAND CHANNELS IN THE 800 MHZ BAND WT Docket No. 02-55 On April 22, 2021, the Commission adopted an order terminating the 800 MHz rebanding program. Improving Public Safety Communications in the 800 MHz Band, Order Terminating Proceeding, FCC 21-41 (Apr. 22, 2021) (Termination Order). Accordingly, by this public notice, the Public Safety and Homeland Security Bureau and the Wireless Telecommunications Bureau (Bureaus) announce the post-rebanding availability of 800 MHz channels in all National Public Safety Planning Advisory Committee (NPSPAC) regions as follows: (a) NPSPAC regions in which 800 MHz rebanding is newly complete: Attachment A lists 14 NPSPAC regions in which rebanding has been declared complete by the Termination Order. In these regions, channels in the interleaved segment of the band that have been vacated by Sprint Corporation (Sprint) On April 1, 2020, Sprint and T-Mobile US, Inc. merged to create a new company operating under the name T-Mobile with T-Mobile US, Inc. as the parent company. See Applications of T-Mobile US Inc. and Sprint Corp. for Consent to Transfer Control of Licenses, Memorandum Opinion and Order, Declaratory Ruling, and Order of Proposed Modification, 34 FCC Rcd 10578, 10732, para. 348 (2019); T-Mobile Completes Merger with Sprint to Create the New T-Mobile, (April 1, 2020), https://www.t-mobile.com/news/t-mobile-sprint-one-company. For purposes of uniformity, we refer to Sprint Corporation, T-Mobile US, Inc., Nextel Operations, Inc. and any subsidiary or successor to any of them herein as “Sprint.” are now available for licensing to public safety entities and, later, to critical infrastructure entities, in accordance with the procedures set forth in this Public Notice. In addition, unoccupied channels in the Expansion Band and Guard Band are available for licensing. (b) NPSPAC regions in which 800 MHz rebanding was previously declared complete: Attachment B lists NPSPAC regions in which rebanding was declared complete by prior public notice. Although some 800 MHz channels in these regions have previously been made available, this Public Notice announces the availability of the remaining channels vacated by Sprint in these regions for licensing to public safety entities and, later, to critical infrastructure entities. (c) Counties previously subject to application freeze: Attachment C lists counties in four NPSPAC regions that were subject to a freeze on 800 MHz applications in order to preserve vacant channels for rebanding licensees in the US-Mexico border region. This application freeze is now lifted. As a result, Sprint-vacated channels and Expansion and Guard Band Channels are available in these counties. Background In the 800 MHz Report and Order, the Commission ordered 800 MHz rebanding to resolve interference caused by commercial systems to public safety and other non-cellular architecture systems in the band. See Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 14971-73, paras. 1-3 (2004) (800 MHz Report and Order). The Commission provided for the rebanding process to be completed on a region by region basis. Id. at 15072, para. 195. See also Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan, Public Notice, 20 FCC Rcd 5159 (WTB 2005). The Commission also established rules in the 800 MHz Report and Order requiring enhanced specialized mobile radio (ESMR) and cellular telephone system operators to address and resolve interference their systems caused to public safety and non-cellular licensees in the band. 800 MHz Report and Order at 15037-45, paras. 124-141. On March 5, 2021, the 800 MHz Transition Administrator (TA) submitted a notice of program completion noting that, subject to two exceptions, “all activities associated with the 800 MHz relocation have been completed.” 800 MHz Transition Administrator, LLC, Notice of Program Completion and Request for Authorization to Terminate Program Agreements, WT Docket No. 02-55, at 2 (filed Mar. 5, 2021). On April 22, 2021, the Commission adopted the Termination Order which accepted the TA’s notice of program completion and terminated the rebanding program. Termination Order at para. 3. Vacated Interleaved Channels Available for Licensing The Bureaus have released Sprint-vacated channels in the interleaved portion of the band (809-815/854-860 MHz) for licensing in stages, with the most recent prior release occurring in April 2019. See Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau Announce the Availability of Additional Sprint Vacated Channels and the Availability of Expansion Band and Guard Band Channels in Certain NPSPAC Regions, Public Notice, 34 FCC Rcd 2476, 2478-81 (PSHSB/WTB 2019) (Fourth Completion of Rebanding Public Notice). Vacated channels in the interleaved portion of the band are exclusively reserved for public safety applicants for three years from the opening of a filing window, and for public safety and critical infrastructure industry A definition of critical infrastructure industry is provided in Section 90.7 of the Commission’s Rules. See 47 CFR § 90.7. applicants for two years thereafter. 800 MHz Report and Order, 19 FCC Rcd at 15052, para. 152. The exclusive filing windows for public safety and critical infrastructure applicants also apply to channels vacated by other licensees relocating to the ESMR band and licensees electing to relocate to the Guard Band. Id. See also Supplemental Order, 19 FCC Rcd at 25145 para. 58. After this five year period, any remaining vacated channels revert to their original frequency pools and become available for licensing to any eligible applicant. See Supplemental Order, 19 FCC Rcd at 25145 para. 58. See also 47 CFR §§ 90.615, 90.617(g). By this Public Notice, we announce the availability for licensing of additional Sprint-vacated channels. In the NPSPAC regions listed in Attachment A, all channels vacated by Sprint in the interleaved portion of the band are now available for licensing to public safety applicants, and later to critical infrastructure applicants. In the NPSPAC regions listed in Attachment B, additional channels vacated by Sprint prior to those regions completing rebanding are now available for licensing to public safety applicants, and later to critical infrastructure applicants. This includes the counties listed in Attachment C where the application freeze is now being lifted. To identify specific vacated channels that are available for licensing in any NPSPAC region, the Bureaus have created a Vacated Channel Search Engine (VCSE) at http://wireless2.fcc.gov/reband800/search_basic.htm. See Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau Establish New 800 MHz Vacated Channel Search Engine for Identifying Vacated Channels in the 800 MHz Interleaved Band That Will be Available for Licensing to Public Safety and Critical Infrastructure Industry Entities, Public Notice, 23 FCC Rcd 16481 (PSHSB/WTB 2008) (VCSE Public Notice). The Vacated Channel Search Engine contains detailed geographic and frequency data regarding these vacated channels. The vacated channel public access file is at http://wireless.fcc.gov/uls/index.htm?job=transaction&page=weekly. This access file may be downloaded by users with data-processing capability, e.g., frequency coordinators. For channels being made available for licensing by this Public Notice, the Vacated Channel Search Engine will specify August 14, 2021 as the availability date in the “Channel Availability” field. Beginning on August 14, 2021, Commission-certified frequency coordinators may file applications, in the Universal Licensing System (ULS), on behalf of eligible applicants for the channels released by this Public Notice. Any application filed for these channels before August 14, 2021 will be dismissed. Applications for vacated channels must include a certification of frequency coordination by an appropriate Commission-certified frequency coordinator in accordance with Section 90.175 of the Commission’s rules. 47 CFR § 90.175. Furthermore, frequency coordinators must follow the procedures previously detailed for coordinating applications and attach the appropriate certifications to each application. See Public Safety and Homeland Security Bureau Announces Application and Licensing Procedures for Channels Relinquished by Sprint Nextel Corporation in the 809-809.5/854-854.5 MHz Band, Public Notice, 23 FCC Rcd 18343, 18344-45 (PSHSB 2008) (Licensing Procedures Public Notice). Coordinators are advised to check ULS to ascertain whether there are active market-based licenses that conflict with a channel chosen from the Vacated Channel Search Engine. Also, coordinators are reminded to specifically list the locations/frequencies which were the subject of their Vacated Channel Search Engine search. Id. at 18344. Staff may return applications if there is ambiguity as to which channels or locations on the application are covered by the coordinator’s certification. When coordinating applications for vacated site-based channels, the frequency coordinator should confirm that the 22 dBµ V/m F(50,10) contour of the proposed facilities does not extend beyond the 22 dBµ V/m F(50,10) contour of the originally licensed station. 47 CFR § 90.693(b). The originally licensed contour should be calculated using the maximum Effective Radiated Power permitted by the Commission’s rules and the actual antenna height above average terrain (HAAT). The maximum Effective Radiated Power varies with the antenna height above average terrain. For instance, a maximum ERP of 1000 watts is permitted for all antenna height above terrain values below 305 meters. See 47 CFR § 90.635(b). When coordinating applications for vacated Economic Area-based channels, the frequency coordinator must confirm that the 40 dBµ V/m F(50,50) contour of the proposed facilities does not extend into an adjacent region where the channel is unavailable for licensing. 47 CFR § 90.689(b). Furthermore, as with previously released vacated channels, frequency coordinators must follow pre-coordination procedures to eliminate conflicts between applications prior to their being filed with the Commission, and they must attach the appropriate certifications to each application. Licensing Procedures Public Notice, 23 FCC Rcd at 18344-45. Frequency coordinators may accept applications for vacated channels specified in this Public Notice that are submitted to them for coordination. Coordinators may also accept applications submitted to them for coordination prior to the date of this Public Notice, provided that they comply with the pre-coordination notification procedures set forth in this Public Notice with respect to such applications. In order to reduce the possibility that the Commission might receive mutually exclusive applications, each frequency coordinator must provide notification of each application submitted to it for coordination to all other participating coordinators prior to filing the application with the Commission. The purpose of this notification process is to enable frequency coordinators to address and resolve conflicting applications prior to filing with the Commission. Pre-coordination may commence no sooner than July 14, 2021, at 8:00 AM Eastern Time. On that date, and after that time, each frequency coordinator may submit electronic notification to the other participating coordinators of applications it has prepared for coordination. Each notification for vacated channels must be sent individually; batch filing is prohibited. Applications that are submitted for notification must include the following exhibits: · A showing that the appropriate contour of the proposed facility is within the contour or region previously licensed to Sprint as described above; · A statement verifying channel availability; · A study detailing the directional height of the antenna above average terrain (DHAAT) for any proposed facility employing the short-spacing separation table in our rules. 47 CFR § 90.621(b)(4). All participating frequency coordinators will check each notified application for mutual exclusivity with other notified applications. If conflicts are found, the application with the earliest notification date and time stamp will take precedence. We encourage frequency coordinators first to explore engineering solutions and other rational bases on which to resolve mutual exclusivity. If mutual exclusivity cannot otherwise be resolved before the filing window opens, it may be resolved on the basis of the pre-coordination notification date and time stamp in order to avoid the filing of mutually exclusive applications. See City of Aventura, Florida; City of Doral, Florida, Memorandum Opinion and Order, 28 FCC Rcd 4439, 4442-43, para. 10 (PSHSB 2013) (Aventura). Mutually exclusive channels must be deleted from later-notified applications, but such applications may maintain their priority for channels that have no conflicts. Frequency coordinators may also apply engineering solutions to resolve potentially mutually exclusive situations. From August 14, 2021, to August 13, 2024, the interleaved channels made available by this Public Notice will be available exclusively for licensing to public safety eligible entities. From August 14, 2024, to August 13, 2026, the channels made available by the records released by this Public Notice will be available exclusively for licensing to public safety eligible entities and critical infrastructure industry eligible entities. Expansion Band and Guard Band Channels The Commission created the Expansion Band and Guard Band to provide spectral separation between commercial licensees operating in the segment of the band above 817/862 MHz and public safety licensees operating below 815/860 MHz. 800 MHz Report and Order, 19 FCC Rcd at 15053-55, paras. 154-158. No Guard Band exists in the southeastern portion of the United States in counties served by both Sprint and SouthernLINC and in areas adjacent to the U.S./Canada border. Furthermore, the Expansion Band consists of the 812.5-813.5 MHz/857.5-858.5 MHz segment of the band in those counties served by both Sprint and SouthernLINC except for a seventy-mile radius around Atlanta where the Expansion Band is reduced to one-half megahertz. Id. at 15058, para. 166. See also Improving Public Safety Communications in the 800 MHz Band, Memorandum Opinion and Order, 20 FCC Rcd 16015, 16036, para. 48 (2005). There is no Guard Band or Expansion Band in NPSPAC Region 5: California – South. Improving Public Safety Communications in the 800 MHz Band, Fifth Report and Order, 28 FCC Rcd 4085, 4098, para. 37 (2013). Expansion Band spectrum is designated mostly for Specialized Mobile Radio (SMR) stations, with the remainder for Business/Industrial/Land Transportation (B/ILT) Pool eligibles. See 47 CFR § 90.617(b), (d). Expansion Band users also include Public Safety licensees that chose not to relocate out of the band. See 800 MHz Report and Order, 19 FCC Rcd at 15053, n.417. They are permitted to expand geographically on the Expansion Band channels they retained and may obtain new Expansion Band channels through inter-category sharing. See Public Safety and Homeland Security Bureau Clarifies the Rights of 800 MHz Public Safety Licensees Electing to Remain in the 800 MHz Expansion Band, Public Notice, 22 FCC Rcd 6803, 6803-04 (PSHSB 2007); Public Safety and Homeland Security Bureau Clarifies the Process for Accepting Applications from Public Safety Licensees that Elected to Remain in the 800 MHz Expansion Band, Public Notice, 30 FCC Rcd 3021 (PSHSB 2015). Guard Band spectrum is in the General Pool, and thus is available for Public Safety, B/ILT, and SMR operations. See 47 CFR § 90.615. The Bureaus have released Expansion and Guard Band channels for licensing in stages, with the most recent release occurring in April 2019. See Fourth Completion of Rebanding Public Notice, 34 FCC Rcd at 2481-84. With the completion of the rebanding program, 100% of channels in the former NPSPAC Block in these regions are clear. See Termination Order. Accordingly, Expansion Band and Guard Band channels in the NPSPAC regions listed in Attachment A will be available for licensing on August 14, 2021. Certain Economic Area-based Sprint facilities in the Expansion Band and Guard Band are listed in the Vacated Channel Search Engine. We will specify August 14, 2021 as the availability date in the “Channel Availability” field for any such facilities included in the NPSPAC regions listed in Attachment A. In addition, Expansion Band and Guard Band channels will be available for licensing in the counties listed in Attachment C on August 14, 2021. Furthermore, these Expansion Band and Guard Band channels are subject to pre-coordination. Licensing Procedures Public Notice, 23 FCC Rcd at 18344-45. Frequency coordinators must follow pre-coordination procedures to eliminate conflicts between applications prior to their being filed with the Commission, and they must attach the appropriate certifications to each application. Frequency coordinators may accept applications for vacated channels specified in this Public Notice that are submitted to them for coordination. Coordinators may also accept applications submitted to them for coordination prior to the date of this Public Notice, provided that they comply with the pre-coordination notification procedures set forth in this Public Notice with respect to such applications. In order to reduce the possibility that the Commission might receive mutually exclusive applications, each frequency coordinator must provide notification of each application submitted to it for coordination to all other participating coordinators prior to filing the application with the Commission. The purpose of this notification process is to enable frequency coordinators to address and resolve conflicting applications prior to filing with the Commission. Pre-coordination for the Expansion Band and Guard Band channels may commence on July 14, 2021, at 8:00 AM Eastern Time. On that date, and after that time, each frequency coordinator may submit electronic notification to the other participating coordinators of applications it has prepared for coordination. Each notification for vacated channels must be sent individually; batch filing is prohibited. Applications that are submitted for notification must include the following exhibits: · A statement verifying channel availability; · A study detailing the directional heigh of the antennae above average terrain for any proposed facility employing the short-spacing separation table in our rules. 47 CFR § 90.621(b)(4). All participating frequency coordinators will check each notified application for mutual exclusivity with other notified applications. If conflicts are found, the application with the earliest notification date and time stamp will take precedence. We encourage frequency coordinators first to explore engineering solutions and other rational bases on which to resolve mutual exclusivity. If mutual exclusivity cannot otherwise be resolved before the filing window opens, it may be resolved on the basis of the pre-coordination notification date and time stamp in order to avoid the filing of mutually exclusive applications. See Aventura, 28 FCC Rcd at 4442-43, para. 10. Mutually exclusive channels must be deleted from later-notified applications, but such applications may maintain their priority for channels that have no conflicts. Frequency coordinators may also apply engineering solutions to resolve potentially mutually exclusive situations. We remind applicants for Expansion Band and Guard Band channels that they must comply with the Commission’s construction and operation rules. Licensees must construct and place a station into bona fide operation within twelve months of the date of grant of an authorization. 47 CFR § 90.155(a). Failure to meet the construction and operation requirements by the applicable deadline, or failure to maintain the station in operation for a one-year period, will result in automatic license cancellation. Id. See also 47 CFR §§ 1.953(c), 90.157(a). We advise applicants that we apply strict scrutiny to requests for waiver of the construction deadlines and operational requirements. We note that lack of financing, lack of site access, transfer of control, or assignment of authorization may not be used to justify a waiver. 47 CFR § 1.946(e). Finally, because of our experience with 900 MHz band applications, In the 800 MHz Report and Order, the Commission provided flexibility to 900 MHz B/ILT licensees to allow them to convert their Private Land Mobile Radio authorizations to Commercial Mobile Radio Service authorizations, see 800 MHz Report and Order, 19 FCC Rcd at 15127, para. 337, but it also envisioned that Sprint would temporarily shift some of its operations to the 900 MHz band to create “green space” to facilitate 800 MHz rebanding, see id. at 15127, para. 335-336. Following the release of the 800 MHz Report and Order, the Wireless Telecommunications Bureau received an exceptionally high number of applications for 900 MHz B/ILT licenses, so it imposed a freeze on new 900 MHz B/ILT licenses to ensure Sprint had adequate “green space.” See Wireless Telecommunications Bureau Freezes Applications in the 900 MHz Band, Public Notice, 19 FCC Rcd 18277, 18277-78 (WTB 2004). we may impose a temporary freeze on the acceptance of Expansion and/or Guard Band applications in the event there is an inordinately large number of applications that would compromise the availability of adequate spectrum resources for applicants with bona fide intentions to offer service. We will also investigate any unusual concentration of applications and any undisclosed true party in interest behind any application. Misrepresentation or lack of candor in any application may be referred for enforcement action. Lifting of Mexico Border Application Freeze During the rebanding program, the Public Safety and Homeland Security Bureau froze 800 MHz applications along the U.S.-Mexico border in order to order to preserve vacant replacement channels for licensees who had yet to complete rebanding in regions bordering Mexico. Public Safety and Homeland Security Bureau Extends 800 MHz Application Freeze Along Border with Mexico, Public Notice, 32 FCC Rcd 1817 (PSHSB 2017). This freeze extended to the counties in non-border NPSPAC regions listed in Attachment C. As of this date, all licensees in the U.S.-Mexico border region have completed their system retunes to their post-rebanding replacement channels. Consequently, we lift the freeze on acceptance of new 800 MHz applications in all NPSPAC regions along the U.S.-Mexico border and in the counties listed in Attachment C. Sprint-vacated as well as Expansion Band and Guard Band channels are being made available for licensing in these counties as indicated above. Pending Waiver Requests The Bureaus dismiss without prejudice any pending applications that include a waiver request for early access to the Sprint-vacated spectrum or Expansion Band and Guard Band channels that are the subject of this Public Notice. 47 CFR § 1.925(c)(ii) (Denial of a rule waiver request associated with an application renders that application defective and may be dismissed without prejudice). We dismiss these requests in order to provide equal opportunity to all applicants and establish a stable spectral environment for the release of both Sprint-vacated spectrum and Expansion Band and Guard Band channels pursuant to this Public Notice. Any dismissed application must be refiled to be considered in accordance with the application procedures outlined above. Expiration of Interim Interference Criteria In the 800 MHz Report and Order, the Commission required public safety and other non-cellular licensees to receive a minimum measured input signal power of -101 dBm for portable units and -104 dBm for vehicular units in order to be eligible for full interference protection from cellular systems. 800 MHz Report and Order at 15029, para. 105. The Commission codified these minimum threshold signal levels in Sections 22.970(a) and 90.672(a) of the Commission’s rules. 47 CFR §§ 22.970(a), 90.672(a). However, while rebanding was underway, the Commission waived the codified threshold levels and implemented interim levels of -85 dBm for portable units and -88 dBm for vehicular units. These interim levels remained in effect in each NPSPAC region until band reconfiguration was complete in that region. Improving Public Safety Communications in the 800 MHz Band, Supplemental Order, 19 FCC Rcd 25120, 25137-39, paras. 38-39 (2004). Now that the rebanding program is complete, the interim waiver has expired and the codified threshold levels specified in Sections 22.970(a) and 90.672(a) are in effect in all NPSPAC regions including those listed in Attachment A. Consequently, cellular licensees bear “strict responsibility” for resolving unacceptable interference to 800 MHz public safety and other non-cellular licensees receiving at least a minimum measured input signal power of -101 dBm for portable units and -104 for dBm for vehicular units. 47 CFR §§ 27.970(a), 90.672(a). For further information, contact Brian Marenco, Policy and Licensing Division, Public Safety and Homeland Security Bureau at (202) 418-0838 or Brian.Marenco@fcc.gov; Joshua Smith, Mobility Division, Wireless Telecommunications Bureau, at (717) 338-2502 or Joshua.Smith@fcc.gov. Action by the Chief, Public Safety and Homeland Security Bureau and Acting Chief, Wireless Telecommunications Bureau. – FCC – Attachment A NPSPAC Regions Complete with 800 MHz Band Reconfiguration as of Adoption of the Termination Order or as of Release of this Public Notice The TA certified each of these NPSPAC regions complete with rebanding prior to adoption of the Termination Order except Region 50 – El Paso, Texas. The Commission delegated authority to the Public Safety and Homeland Security Bureau to declare Region 50 – El Paso, Texas complete with rebanding after adoption of the Termination Order. See Termination Order at para. 18. See also Letters from Brett Haan, 800 MHz Transition Administrator, to David L. Furth, Deputy Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission (Nov. 21, 2018, Feb. 14, 2019, Apr. 16, 2019, Sep. 16, 2019, Dec. 16, 2019, May 1, 2020, Jun. 22, 2020 and Aug. 5, 2020). NPSPAC Region Description of Region Regions that are only a portion of a state or states are defined by counties. For a list of the counties in each of these regions See The Development of Operational, Technical and Spectrum Requirements For Meeting Federal, State and Local Public Safety Agency Communication Requirements Through the Year 2010, First Report and Order and Third Further Notice of Proposed Rule Making, 14 FCC Rcd 152 (1998), available at http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt. Region 3 Arizona Region 4 Arkansas Region 5 California – South Region 6 California – North Region 27 Nevada Region 29 New Mexico Region 34 Oklahoma Region 40 Texas – Dallas Region 49 Texas – Austin Region 50 Texas – El Paso Region 52 Texas – Lubbock Region 53 Texas – San Antonio Region 62 Northern Mariana Islands* Region 63 Guam* * This is not an official NPSPAC Region, but it is subject to band reconfiguration and has been assigned a region number for purposes of searching the Vacated Channel Search Engine. Attachment B NPSPAC Regions Previously Announced as Complete with 800 MHz Band Reconfiguration NPSPAC Region Description of Region Date Announced as Complete See Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau Announce the Completion of 800 MHz Band Reconfiguration in Certain NPSPAC Regions, Public Notice, 27 FCC Rcd 14775 (PSHSB/WTB 2012); Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau Announce the Completion of 800 MHz Band Reconfiguration in Certain NPSPAC Regions, Public Notice, 29 FCC Rcd 16290 (PSHSB/WTB 2014); Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau Announce the Completion of 800 MHz Band Reconfiguration in Certain NPSPAC Regions and the Availability of Additional Sprint Vacated Channels, Public Notice, 31 FCC Rcd 12891, 12895-97 (PSHSB/WTB 2016); Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz Band Between 809-817/854-862 MHz; Amendment of Part 90 of the Commission’s Rules to Improve Access to Private Land Mobile Radio Spectrum; Land Mobile Communications Council Petition for Rulemaking Regarding Interim Eligibility for 800 MHz Expansion Band and Guard Band Frequencies, WP Docket No. 15-32, RM-11572, WP Docket No. 16-26, RM-11719, Report and Order and Order, 33 FCC Rcd 10222, 10245-46, para. 59 (Oct. 22, 2018). 1 Alabama December 9, 2016 2 Alaska November 27, 2012 7 Colorado November 27, 2012 8 Metropolitan NYC Area December 9, 2016 9 Florida October 22, 2018 10 Georgia December 9, 2016 11 Hawaii November 27, 2012 12 Idaho December 30, 2014 13 Illinois December 9, 2016 14 Indiana December 9, 2016 15 Iowa November 27, 2012 16 Kansas December 30, 2014 17 Kentucky December 30, 2014 18 Louisiana December 9, 2016 19 New England December 9, 2016 20 Maryland – DC – Northern Virginia December 9, 2016 21 Michigan December 9, 2016 22 Minnesota November 27, 2012 23 Mississippi December 9, 2016 24 Missouri December 30, 2014 25 Montana December 30, 2014 26 Nebraska November 27, 2012 28 Eastern Pennsylvania – Delaware – Southern New Jersey December 9, 2016 30 Eastern Upstate New York December 30, 2014 31 North Carolina December 9, 2016 32 North Dakota November 27, 2012 33 Ohio October 22, 2018 35 Oregon December 9, 2016 36 Western Pennsylvania December 9, 2016 37 South Carolina December 9, 2016 38 South Dakota November 27, 2012 39 Tennessee December 9, 2016 41 Utah November 27, 2012 42 Virginia December 9, 2016 43 Washington State October 22, 2018 44 West Virginia December 30, 2014 45 Wisconsin November 27, 2012 46 Wyoming November 27, 2012 47 Puerto Rico December 9, 2016 48 US Virgin Islands December 9, 2016 51 East Texas – Houston December 9, 2016 54 Chicago December 9, 2016 55 Western Upstate New York December 30, 2014 64 American Samoa* December 30, 2014 * This is not an official NPSPAC Region, but it is subject to band reconfiguration and has been assigned a region number for purposes of searching the Vacated Channel Search Engine. Attachment C Counties in Previously Completed NPSPAC Regions No Longer Subject to Mexico Border Application Freeze NPSPAC Region Date Region Announced as Complete Counties Where Application Freeze is Being Lifted as of This Public Notice Region 7 – Colorado November 27, 2012 Alamosa, Archuleta, Baca, Bent, Conejos, Costilla, Custer, Dolores, Hinsdale, Huerfano, La Plata, Las Animas, Mineral Montezuma, Otero, Ouray, Prowers, Pueblo, Rio Grande, Saguache, San Juan, San Miguel Region 16 – Kansas December 30, 2014 Morton, Stanton Region 41 – Utah November 27, 2012 Garfield, Iron, Kane, San Juan, Washington Region 51 – East Texas (Houston) December 9, 2016 Austin, Brazoria, Colorado, Fort Bend, Grimes, Harris, Matagorda, Montgomery, Waller, Wharton 2