FCC FACT SHEET1 Improving Public Safety Communications in the 800 MHz Band Order Terminating Proceeding - WT Docket 02-55 Background: The Commission s 800 MHz Band Reconfiguration program (rebanding), initiated in 2004, was designed to eliminate harmful interference to public safety radio systems and other 800 MHz licensees caused by commercial cellular networks operated by Sprint (now T-Mobile) and other providers. The Commission adopted a revised 800 MHz band plan to reduce the interference by relocating Sprint s system to the upper range of frequencies in the band and relocating public safety licensees to the lower end of the band. The Commission required Sprint to pay the accumulated relocation costs incurred by public safety and other licensees, in addition to its own relocation costs, and to secure its financial obligation with a letter of credit. The Commission also appointed a Transition Administrator to administer the program under the Commission s direction. The rebanding process is now essentially complete. Over 2,100 licensees have been successfully relocated to new channels in the band, with no interruption to public safety communications during the transition. The Order would take a series of specific actions to close out the program and terminate the proceeding. What the Order Would Do: " Direct the Transition Administrator to take all actions necessary to terminate the program and to cease its own operations upon program completion. " Grant T-Mobile s request to terminate the letter of credit. " Conclude that remaining issues with respect to two 800 MHz licensees can be addressed outside the rebanding program and therefore pose no impediment to terminating the program. " Delete rebanding-related rules and authorize disposal of records that are no longer necessary once the rebanding program is terminated. " Terminate the docket proceeding. 1 This document is being released as part of a  permit-but-disclose proceeding. Any presentations or views on the subject expressed to the Commission or its staff, including by email, must be filed in WT Docket 02-55 which may be accessed via the Electronic Comment Filing System (https://www.fcc.gov/ecfs/). Before filing, participants should familiarize themselves with the Commission s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission s meeting. See 47 CFR § 1.1200 et seq. Federal Communications Commission FCC-CIRC2104-05 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Improving Public Safety Communications in the ) WT Docket 02-55 800 MHz Band ) Proceeding Terminated ORDER* (Terminating Proceeding) Adopted: [] Released: [] By the Commission: I. INTRODUCTION 1. By this Order, we bring the Commission s 800 MHz rebanding program to a conclusion and terminate this proceeding. The rebanding process is now essentially complete: over 2,100 800 MHz licensees have successfully relocated to new channels in the band and the few licensing and administrative matters remaining can be completed outside the rebanding program. After many years of hard work by Sprint Corporation,1 numerous 800 MHz licensees, the 800 MHz Transition Administrator, and Commission staff, the rebanding program has fulfilled its promise to further the Commission s mandate to  promote safety of life and property through the use of wire and radio communication. 2 II. BACKGROUND 2. The FCC initiated the 800 MHz rebanding program in 2004 to alleviate harmful interference to 800 MHz public safety radio systems caused by their proximity in the band to the 800 MHz commercial cellular architecture systems, principally those operated by Sprint.3 To alleviate the * This document has been circulated for tentative consideration by the Commission at its April open meeting. The issues referenced in this document and the Commission s ultimate resolutions of those issues remain under consideration and subject to change. This document does not constitute any official action by the Commission. However, the Acting Chairwoman has determined that, in the interest of promoting the public s ability to understand the nature and scope of issues under consideration, the public interest would be served by making this document publicly available. The Commission s ex parte rules apply and presentations are subject to  permit-but disclose ex parte rules. See, e.g., 47 CFR §§ 1.1206, 1.1200(a). Participants in this proceeding should familiarize themselves with the Commission s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission s meeting. See 47 CFR §§ 1.1200(a), 1.1203. 1 On April 1, 2020, Sprint Corporation 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). As used herein, and as context requires, the term Sprint will also apply to its predecessor, Nextel Communications, Inc. The current actions and obligations taken by and placed upon T-Mobile by virtue of its status as Sprint s successor are attributed herein directly to T- Mobile. 2 47 U.S.C. § 151 and Federal Communications Commission Strategic Plan FY 2003-FY2008, p.5 (2002). 3 See Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004), amended by Erratum, WT Docket 02-55 (Sep. 10, 2004); Second Erratum, 19 FCC Rcd 19651 (2004); Third Erratum, 19 FCC (continued& .) Federal Communications Commission FCC-CIRC2104-05 interference, the Commission reconfigured the 800 MHz band to increase the spectral separation between cellular architecture systems and so-called, high site systems4 occupying the band. The Commission adopted a band plan that required the relocation of the bulk of Sprint s system (and the other similarly situated cellular-based licensees) to spectrum at the upper end of the band, and the relocation of public safety licensees (and the other similarly situated high site system operators) to spectrum at the lower end of the band. The Commission further required Sprint to pay the accumulated relocation costs incurred by public safety and other high-site licensees in addition to its own relocation costs, in exchange for which the Commission awarded Sprint 10 megahertz of spectrum rights in the 1.9 GHz band.5 The 800 MHz Report and Order required that  at the conclusion of band reconfiguration, the Transition Administrator shall provide an accounting of the funds spent to reconfigure the systems of incumbent operators in the 800 MHz band. This accounting shall include certifications from each relocated licensee that all necessary reconfiguration work has been completed and that Nextel and said licensee agree on the sum paid for such work. 6 As discussed infra, those requirements have been either complied with or waived. 3. Nearly seventeen years after the 800 MHz Report and Order, the 800 MHz band reconfiguration program has achieved its objective substantially alleviating the interference risk to public safety in the 800 MHz band. The 800 MHz Transition Administrator, LLC (Transition Administrator) reports that 2,169 licensees have successfully completed physical reconfiguration of their systems, and that only two licensees remain with unresolved administrative matters.7 As detailed below, one of these licensees, the City of El Paso, Texas (El Paso), has completed its physical reconfiguration, and T-Mobile is contractually obligated to pay the funds necessary to enable El Paso to complete its rebanding. The second licensee, License Acquisitions, LLC (License Acquisitions), has no operating system requiring reconfiguration, and the remaining issues concerning the status of its licenses can be addressed outside the rebanding program. 4. On February 26, 2021, T-Mobile submitted a request for waiver asking the Commission to declare the 800 MHz rebanding program complete, conclude T-Mobile s and the Transition Administrator s respective obligations relating to the program, and eliminate the requirement that it continue to maintain a Letter of Credit.8 As part of its waiver request, T-Mobile notes that El Paso and License Acquisitions can complete their reconfigurations through existing contractual arrangements outside the scope of the 800 MHz rebanding program.9 5. The Transition Administrator has now filed documentation with the Commission, which asserts that the rebanding program should be deemed completed.10 Specifically, on March 5, 2021, the Transition Administrator submitted a Notice of Program Completion and Request for Authorization to Terminate Program Agreements.11 The Program Completion Notice states that all activities associated Rcd 21818 (2004) (800 MHz Report and Order); Mobile Relay Associates and Skitronics, LLC v. FCC, 457 F. 3d 1 (D.C. Cir. 2006); Kay v. FCC, 621 Fed. Appx. 5 (D.C. Cir. 2016); Sprint Nextel Communications v. FCC, 524 F.3d 253 (D.C. Cir. 2006); Schwaninger & Assoc. v. FCC, 2000 WL 817892 (per curiam) (D.C. Cir. 2000). 4 High site systems are those that use one or a few base stations located on tall towers, buildings or hill and mountain tops to provide wide-area coverage. Low site systems use multiple sites (cells) with antennas on relatively short towers or buildings and employ frequency re-use to enhance system subscriber capacity. 5 800 MHz Report and Order, 19 FCC Rcd at 14987-89, paras. 29, 34. 6 Id. at 15132 paras. 354, 355. 7 Notice of Program Completion and Request for Authorization to Terminate Program Agreements, WT Docket 02- 55, filed Mar. 5, 2021 by the 800 MHz Transition Administrator (Program Completion Notice) at 3. 8 T-Mobile Petition for Waiver, WT Docket 02-55, filed Feb. 26, 2021 (Waiver Petition) at 4. 9 Id. at 10-12. 10 See generally Program Completion Notice. 11 Id. 2 Federal Communications Commission FCC-CIRC2104-05 with the 800 MHz relocation have been completed, except for the administrative matters noted above relating to El Paso and License Acquisitions. III. DISCUSSION A. Termination Procedures 6. Background. To effectuate the rebanding program s completion, the Transition Administrator submitted the Program Completion Notice,12 which contained the following program completion documents: " The Transition Administrator s draft Certification of Program Completion.13 " A list of licensees that have submitted Completion Certifications.14 " The Transition Administrator s verification of completion of financial reconciliation, or true-up.15 " T-Mobile s draft Certification of Program Completion,16 wherein T-Mobile will certify that all approved costs for 800 MHz reconfiguration work, excepting final payments for El Paso, have been paid and reported to the Transition Administrator.17 " Request for the Commission s authorization to terminate certain program agreements.18 12 Id. 13 This certification is required by the 800 MHz Report and Order, 19 FCC Rcd at 14987, 15216, para. 28, Appendix E-Annex E. The Transition Administrator will submit an updated and executed Certification of Program Completion in conjunction with termination of the program agreements. Program Completion Notice at 3. 14 The licensee Completion Certifications have been provided to the Public Safety and Homeland Security Bureau (PSHSB) under separate cover. Required by 800 MHz Report and Order, 19 FCC Rcd at 14989, para. 35. On March 23, 2020, the PSHSB deemed certain licensees, which had not submitted a timely, accurate Completion Certification or a notice of dispute, to have completed rebanding effective as of June 12, 2020. See Improving Public Safety Communications in the 800 MHz Band, Order, 35 FCC Rcd 2850 (PSHSB 2020). The Completion Certifications for this class of licensees are therefore not required. 15 Required by the 800 MHz Report and Order, 19 FCC Rcd at 14989, 15124, paras. 35, 330 (previously submitted as the audited Statement of Program Expenditures through December 31, 2016, which was intended to serve as the required true-up). PSHSB found that it was  satisfied that the Transition Administrator has correctly determined, based on documentation provided by Sprint and independently audited financial statements commissioned by the Transition Administrator, that Sprint has exceeded $2.8 billion in creditable expenses associated with rebanding 800 MHz licensees and clearing the 1.9 GHz band of incumbents. See Improving Public Safety Communications in the 800 MHz Band, Declaratory Ruling, 32 FCC Rcd 7528, 7531, para. 8 (PSHSB 2017). 16 T-Mobile will submit an updated and executed Certification of Program Completion upon termination of the program agreements. Program Completion Notice at 4. 17 Required by Tri-Party Agreement dated June 9, 2005 among Nextel Operations, Inc., 800 MHz Transition Administrator, LLC, and U.S. Bank National Association, at Section 3.10(b)(ii), (x) (Tri-Party Agreement). See also Waiver Petition at 10-12 (requesting that the Commission eliminate the condition that Sprint maintain a Letter of Credit as unnecessary since it has no payment obligation to License Acquisitions and El Paso has agreed in its Frequency Reconfiguration Amendment to waive its right to require Sprint to maintain a Letter of Credit to secure any relocation funding obligation guaranteed in that amendment); 800 MHz Report and Order, 19 FCC Rcd at 15067, paras. 330-331. 18 These program agreements include the Tri-Party Agreement; the June 9, 2005 Transition Administrator Agreement among Nextel Operations, Inc. and 800 MHz Transition Administrator, LLC; and the June 9, 2005 800 MHz Relocation Trust Agreement among Nextel Operations, Inc. and U.S. Bank National Association, as well as other ancillary agreements (collectively, Program Agreements). 3 Federal Communications Commission FCC-CIRC2104-05 " Request for the Commission to dismiss as moot (a) the Recommended Resolutions and (b) the Recommended Resolutions and Requests for Waiver currently pending before the Public Safety and Homeland Security Bureau (PSHSB), as well as any filings submitted to the PSHSB by parties to the mediations resolved by the Transition Administrator.19 7. Discussion. We have reviewed the Transition Administrator s requests20 and conclude that the Transition Administrator has completed all requirements necessary to terminate the program, consistent with our rules. We thus address the Transition Administrator s program completion documents by taking the following actions: 8. We accept the form of the Transition Administrator s draft Certification of Program Completion and direct the Transition Administrator to submit a final updated and executed Certification in conjunction with termination of the Program Agreements. 9. We accept the licensees completion certifications provided by the Transition Administrator; and conclude that, except for License Acquisitions and El Paso (discussed below), all licensees subject to reconfiguration have completed their physical reconfiguration activities, relocated to their post-rebanding frequencies and modified their licenses to delete their pre-rebanding frequencies or cancelled their license. 10. We accept the Transition Administrator s verification of completion of financial reconciliation (true-up).21 11. We accept the form of T-Mobile s draft Certification of Program Completion, including the certification that all approved costs for 800 MHz reconfiguration work, excepting final payments for El Paso, have been paid and reported to the Transition Administrator and terminate the Letter of Credit.22 As part of the termination of the Letter of Credit, we will remove the condition on T-Mobile s licenses that require it to maintain a Letter of Credit.23 12. We grant the Transition Administrator s request for authorization to terminate Program Agreements. We grant our consent for the parties to the Program Agreements, including the Transition Administrator, to terminate those agreements in accordance with the terms thereof and to execute such other documentation as may be necessary to effectuate program completion. We provide 15 days after this Order becomes effective, to effectuate termination of the Program Agreements and direct the Transition Administrator to provide notice to the Commission of such termination no later than two (2) days after such termination has been effectuated. 13. We grant the Transition Administrator s request to dismiss as moot (a) any Recommended Resolutions and (b) any Recommended Resolutions and Requests for Waiver that may be pending before the PSHSB, as well as any filings submitted to the PSHSB by parties to mediated disputes 19 See Program Completion Notice at 7. The referenced recommended resolutions are the documents submitted by the Transition Administrator when it submits the mediation record to PSHSB. They consist of the mediator s recommended disposition of the issues raised by the parties. 20 See also Waiver Petition at 2 (noting  that the time has come for the Commission to take formal note of the progress made and to conclude its oversight of the Rebanding Program, as well as related TA [Transition Administrator] responsibilities, as they are no longer productive or necessary ). 21 See 800 MHz Report and Order, 19 FCC Rcd at 15129, para 344. 22 We similarly direct T Mobile to submit its final updated and executed Certification of Program Completion upon termination of the Program Agreements. 23 See Waiver Petition at 4, 10-12. 4 Federal Communications Commission FCC-CIRC2104-05 that have been resolved with the assistance of the Transition Administrator.24 As indicated, all the disputes underlying these recommended resolutions, waiver requests and mediations have been resolved. 14. We also direct the Transition Administrator to take such other actions as necessary and appropriate to terminate the reconfiguration program, including, inter alia, dissolving the 800 MHz Transition Administrator, LLC entity in due course and shutting down any remaining Transition Administrator operations and facilities.25 B. Outstanding Licensee Issues 15. As noted above, two 800 MHz licensees, El Paso and License Acquisitions, have not fully completed the rebanding process. In each of these instances, we conclude that all remaining issues can be addressed outside the rebanding program, and that the pendency of these matters therefore poses no impediment to terminating the program. 1. El Paso 16. El Paso and Sprint entered into a Frequency Reconfiguration Agreement in 2015 for the rebanding of El Paso s system, and El Paso originally planned to complete rebanding on the schedule specified in its Frequency Reconfiguration Agreement. However, as the Transition Administrator reported to PSHSB, as El Paso began rebanding its system, it encountered interference on its replacement frequencies from unauthorized stations in Mexico. The Commission sought the assistance of Mexican regulators to shut down the interfering unauthorized stations, but when this proved unavailing, Sprint and El Paso agreed to have the Transition Administrator assign new replacement frequencies for El Paso. This substitution of new frequencies required El Paso to restart the retuning of over 4,500 radios. On February 25, 2021, El Paso completed physical retuning to the new replacement frequencies. However, in order to formally conclude El Paso s rebanding, T-Mobile and El Paso need to complete financial reconciliation and execute final closing documents, which they expect will take three additional months. In addition, El Paso must file an application in the Commission s Universal Licensing System (ULS) to delete pre-rebanding frequencies from its licenses, which application must then be granted, in order for the Transition Administrator to declare that band reconfiguration is complete in El Paso s National Public Safety Planning Advisory Committee (NPSPAC) region.26 17. We conclude that these remaining steps can be taken outside the rebanding program. In July 2020, T-Mobile and El Paso amended their Frequency Reconfiguration Agreement to provide that T- Mobile is contractually obligated to pay the funds necessary to enable El Paso to complete its rebanding.27 As noted above, T-Mobile, in its Waiver Petition, contends it can complete El Paso s reconfiguration through existing contractual arrangements outside the scope of the 800 MHz rebanding program. Given 24 The reference to waiver requests, supra, does not include waiver requests submitted by License Acquisitions to the Wireless Telecommunications Bureau. 25 T Mobile must pay the Transition Administrator s expenses for these activities.  Nextel will pay for the services of the Transition Administrator and staff as one of the transactional costs borne by Nextel in connection with band reconfiguration. 800 MHz Report and Order, 19 FCC Rcd at 15070 para. 191. We clarify that after this Order is effective the Transition Administrator no longer need provide concurrence letters to licensees for licensing applications and neither the Transition Administrator nor T-Mobile need furnish the reports required by the 800 MHz Report and Order. See 800 MHz Report and Order at 15073, para. 196 . 26 We refer to this band as the NPSPAC band because it was established by the Commission pursuant to recommendations from the National Public Safety Planning Advisory Committee. See Development and Implementation of a Public Safety National Plan and Amendment of Part 90 to Establish Service Rules and Technical Standards for Use of the 821-824/866-869 MHz Bands by the Public Safety Services, Gen. Docket 87-112, Report and Order, 3 FCC Rcd 905 (1987). 27 Amendment #5 to Frequency Reconfiguration Agreement between the City of El Paso and Nextel West Corporation, dated July 7, 2020 ( Sprint hereby warrants that it will cover the costs to retune Incumbent s Reconfiguration as outlined in the Agreement, and this Amendment. ). See also Waiver Petition at 3. 5 Federal Communications Commission FCC-CIRC2104-05 that El Paso and T-Mobile have contractually agreed that T-Mobile will cover the expenses necessary to enable El Paso to complete rebanding, we see no reason to delay termination pending El Paso s completion of rebanding. 18. The Transition Administrator states that certification that band reconfiguration is complete in NPSPAC Region 50 is dependent on El Paso filing applications to delete its pre- reconfiguration frequencies and the FCC granting those applications. The licensee anticipates filing such applications by the end of May 2021. The Transition Administrator anticipates filing its  Certification of Completion of Band Reconfiguration in NPSPAC Region 50: Texas  El Paso 10 business days after the FCC grants the City of El Paso s applications.28 Since this has not occurred yet, we waive, on our own motion, the requirement that the Transition Administrator certify that band reconfiguration is complete in NPSPAC Region 50: Texas  El Paso, as a prerequisite for the Commission s determination that the reconfiguration program is complete.29 We direct the PSHSB to take any steps necessary to declare rebanding complete in NPSPAC Region 50. 2. License Acquisitions 19. License Acquisitions holds multiple 800 MHz geographic-area licenses in Texas, Oklahoma, Arkansas, and New Mexico, but has no physical facilities (infrastructure, radios, etc.) that require retuning. Thus, rebanding of License Acquisitions licenses is a  paper process, i.e., License Acquisitions would need to add replacement frequencies to its licenses, but there are no expenses required under the Frequency Reconfiguration Agreement between License Acquisitions and T-Mobile that either party would need to pay in order to effectuate the transaction. 20. The Commission has previously considered and rejected a petition by License Acquisitions challenging the specific replacement frequencies assigned to it in the rebanding program. In the early stages of the rebanding program, certain 800 MHz incumbents that held geographic area licenses were allowed to choose between two relocation options: (1) remain in the interleaved portion of the band and operate high-site systems, or (2) relocate to the Enhanced Specialized Mobile Radio (ESMR) band (817-824/862-869 MHz) and operate low-site cellular-architecture systems. In 2005, Silver Palm Communications, Inc. (Silver Palm), the predecessor licensee to License Acquisitions, elected to relocate to the ESMR band.30 In 2010, License Acquisitions acquired the Silver Palm licenses, and in 2011 it affirmed this election.31 21. In 2017, however, License Acquisitions sought to rescind its ESMR election and requested to be licensed on non-ESMR channels.32 PSHSB denied this request as untimely and concluded that License Acquisitions was bound by its prior election to relocate to the ESMR band.33 In May 2019, the Commission affirmed the PSHSB s decision in response to License Acquisitions application for review.34 28 Program Completion Notice at 4, n.14. 29 See 800 MHz Report and Order, 19 FCC Rcd at 15067, para. 183 (setting forth the process by which the Transition Administrator certifies that band reconfiguration in a particular NPSPAC region is complete). 30 Letter from William J. Sill, Esq. and David Judelsohn, Esq. counsel to Silver Palm, to Robert B. Kelly, Esq., 800 MHz Transition Administrator, May 13, 2005. 31 Letter from William D. Silva, Esq., counsel to License Acquisitions, to Marlene H. Dortch, FCC, WT Docket No. 02-55 (filed Mar. 22, 2011). 32 The request to rescind the licensee s ESMR election was made in a Nov. 28, 2017 letter from Rob Somers, Esq., General Counsel, License Acquisitions, LLC, addressed to Marlene H. Dortch, Secretary, Federal Communications Commission. 33 License Acquisitions, LLC, Request to Rescind ESMR Election, Order, 33 FCC Rcd 2211 (PSHSB 2018). 34 License Acquisitions, LLC, Request to Rescind ESMR Election, Order, 34 FCC Rcd 3597 (2019). 6 Federal Communications Commission FCC-CIRC2104-05 22. While the Commission s 2019 order resolved the issue of which replacement frequencies would be assigned to License Acquisitions, the status of License Acquisitions licenses nonetheless remains unresolved because it has renewal applications and waiver requests pending before the Wireless Telecommunications Bureau that, if denied, would result in cancellation of its licenses. PSHSB therefore directed the Transition Administrator to hold License Acquisitions Frequency Reconfiguration Agreement in escrow until there is a ruling on the pending renewal applications and waiver requests.35 23. We conclude that the disposition of License Acquisitions pending renewal applications and waiver requests can be addressed outside the rebanding program. Because License Acquisitions has no physical facilities that require retuning and there are no expenses that must be paid under the Frequency Reconfiguration Agreement, T-Mobile has no financial obligation to License Acquisitions under the rebanding rules.36 The disposition of License Acquisitions licenses will also have no impact on any other 800 MHz licensee that has already rebanded. If License Acquisitions renewal applications and waiver requests are granted, it will receive the ESMR band frequencies that have already been designated for it by the Transition Administrator. If the applications and requests are denied, the spectrum reverts to T-Mobile, as successor to Sprint by operation of the rebanding rules.37 In either case, there is no need for further involvement by the Transition Administrator or continuation of the rebanding program to address these issues. Therefore, we direct PSHSB and the Wireless Telecommunications Bureau to take any additional steps necessary to determine the final disposition of License Acquisitions licenses and frequency assignments. We also direct the Transition Administrator to release License Acquisitions Frequency Reconfiguration Agreement from escrow and transfer it to PSHSB. C. Other Matters 1. Deletion of Unnecessary Rules 24. In the 800 MHz Report and Order, the Commission adopted certain rules specifically relating to implementation of the rebanding program.38 With termination of the rebanding program, there is no continued need for these rules and we therefore delete them. We conclude that this deletion does not require notice and comment. An agency may forego notice and comment rulemaking  when the agency for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. 39 Here, notice and comment is unnecessary and contrary to the public interest because the termination of the rebanding program has rendered the rules moot in accordance with the Commission s rules and the foregoing waivers.40 As the rules no longer have any practical or legal 35 Sprint Corporation and License Acquisitions, LLC, Order, 29 FCC Rcd 3566 (PSHSB 2014). 36 See Waiver Petition at 3, 5 (noting that License Acquisition s reconfiguration is a  no cost,  paper retune since the licensee  has agreed to not receive any payment from T-Mobile if it ultimately must reband its unconstructed licenses. ) 37 See 800 MHz Report and Order, 19 FCC Rcd at 14984, para. 23 (providing that Sprint will relocate to the 817- 824 MHz/862-869 MHz band) and 19 FCC Rcd 15056, para. 162 (providing that licensees relocating their systems into the ESMR portion of the band will share the spectrum with Sprint). If License Acquisitions does not prevail, T- Mobile does not need to share the spectrum with them. 38 47 CFR §§ 90.676-677. 39 5 U.S.C. § 553(b)(B); see Util. Solid Waste Activities Grp. v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001) (stating that notice and comment is  unnecessary when it involves a  routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public (internal quotation marks omitted)); S. Doc. No. 79- 248, at 200, 258 (indicating that notice and comment is  contrary to the public interest when the public lacks interest in a rulemaking). 40 The Commission has previously found that notice and comment was unnecessary when revisions in an order  merely& delete redundant or obsolete rules. Amendment of Part 95, Order, 3 FCC Rcd 5032, 5032, 1988 WL 488084 (1988); see also Comprehensive Review of Licensing and Operating Rules for Satellite Services, Report and Order, 28 FCC Rcd 12403, 12453 (2013); Connect America Fund, R&O, 29 FCC Rcd 7051, 7069 (2014). 7 Federal Communications Commission FCC-CIRC2104-05 effect, deleting them from the Code of Federal Regulations will avoid any potential confusion about their continuing applicability. 2. Disposition of Transition Administrator Records 25. The Tri-Party Agreement among the Transition Administrator, Sprint, and the U.S. Bank National Association includes a provision requiring the Transition Administrator to retain the records of the program for a period of at least 18 months (at Sprint s expense) after the completion of the term of the Tri-Party Agreement and to transfer the records to the Commission if the Commission so requests.41 After examining a summary of records retained by the Transition Administrator, we conclude that it is unnecessary to request that these records be transferred to the Commission. The Commission is not required to request the Transition Administrator s records pursuant to the Federal Records Act or other statute. Further, the actions of the Transition Administrator during the course of the program have been well-documented in its quarterly program status reports and other documents already filed in the docket of this proceeding. Once the rebanding program is concluded, we determine that there is no need for the Commission to request additional material from the Transition Administrator s files. Therefore, we relieve the Transition Administrator of the obligation to retain records for 18 months and authorize it to dispose of such records upon this Order becoming final and non-reviewable. Thus, the Transition Administrator may dispose of such records once the timeframe for seeking judicial review of this Order has expired or, if the Order is the subject of any judicial challenge, a final disposition of the case has been rendered, whichever is later. IV. PROCEDURAL MATTERS 26. Regulatory Flexibility Act. Under Section 604(a) of the Regulatory Flexibility Act, the Commission is not required to prepare a final regulatory flexibility analysis because the Order does not require notice-and-comment rulemaking.42 27. Paperwork Reduction Act of 1995. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). 28. Congressional Review Act. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that this rule is  non-major under the Congressional Review Act. 5 U.S.C. 804(2). The Commission will include a copy of this Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). 29. Accessible Formats. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to FCC504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). V. ORDERING CLAUSES 30. Accordingly, IT IS ORDERED that this Order in WT Docket No. 02-55 IS ADOPTED, pursuant to the authority contained in Sections 4(i), 4(j), 301, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 301, 303, and Section 1.3 of the Commission s rules, 47 CFR § 1.3. The Order and the amended rules will become effective thirty days after publication in the Federal Register. 41 Tri-Party Agreement at Section 3.15. 42 See 5 U.S.C. § 604(a). 8 Federal Communications Commission FCC-CIRC2104-05 31. IT IS FURTHER ORDERED that Part 90 of the Commission s rules IS AMENDED as set forth in Appendix A. 32. IT IS FURTHER ORDERED that the Petition for Waiver, filed by T-Mobile USA, Inc. on February 26, 2021 IS GRANTED, to the extent required, and otherwise IS DISMISSED AS MOOT. 33. IT IS FURTHER ORDERED that the Program Completion Notice, filed by the Transition Administrator on March 5, 2021 IS GRANTED to the extent described herein. 34. IT IS FURTHER ORDERED on our own motion, that the requirement that the Transition Administrator certify that band reconfiguration is complete in NPSPAC Region 50: Texas  El Paso, as a prerequisite for the Commission s determination that the reconfiguration program is complete, IS WAIVED. 35. IT IS FURTHER ORDERED that the Public Safety and Homeland Security Bureau and the Wireless Telecommunications Bureau undertake such actions as are necessary to effectuate this Order Terminating Proceeding. 36. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 9 Federal Communications Commission FCC-CIRC2104-05 APPENDIX A Final Rules The Federal Communications Commission amends 47 CFR part 90 as follows: PART 90  PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for part 90 continues to read as follows: Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156. 2. Amend Section 90.674 by revising the section heading as follows: § 90.674 Interference Resolution Procedures. 3. Remove and reserve Section 90.676 and Section 90.677. 10