*Pages 1--8 from Microsoft Word - 56917.doc* Federal Communications Commission FCC 06- 63 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Improving Public Safety Communications in the 800 MHz Band Consolidating the 800 and 900 MHz Industrial/ Land Transportation and Business Pool Channels Amendment of Part 2 of the Commission’s Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, including Third Generation Wireless Systems Petition for Rule Making of the Wireless Information Networks Forum Concerning the Unlicensed Personal Communications Service Petition for Rule Making of UT Starcom, Inc., Concerning the Unlicensed Personal Communications Service Amendment of Section 2.106 of the Commission’s Rules to Allocate Spectrum at 2 GHz for Use by the Mobile Satellite Service ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) WT Docket 02- 55 ET Docket No. 00- 258 RM- 9498 RM- 10024 ET Docket No. 95- 18 ORDER Adopted: May 3, 2006 Released: May 8, 2006 By the Commission: Commissioner Tate not participating. 1. In this Order, we address requests for waiver and extension of time submitted by the 800 MHz Transition Administrator (TA) to allow Sprint Nextel Corporation (Sprint Nextel) and certain 800 MHz Channel 1- 120 licensees in Wave 1 of the band reconfiguration process additional time to negotiate Frequency Relocation Agreements (FRAs). 1 Federal Communications Commission FCC 06- 63 5 the TA has requested particularly lengthy extensions of as much as six months for licensees to conduct planning and further negotiations. While we believe that allowing reasonable time for these efforts is in the public interest, we also believe that it is in the public interest to ensure that rebanding continues to move forward in an expedited fashion. Therefore, in those cases in which we have granted extensions of more than thirty days, we will require the TA to report to PSCID every two weeks on the status of planning activities and negotiations. In addition, we will limit the extensions granted by this order to the extension date requested by the TA or July 1, 2006, whichever is earlier. In those cases where the TA has requested an extension past July 1, 2006, we note that the TA may submit a request for further extension, which explains why additional time is required and specifies how much additional time is requested. We delegate authority to PSCID to address any such request. 7. We also believe that it is in the public interest to provide a similar process for grant of reasonable extensions in future 800 MHz mediations. Accordingly, we hereby grant a blanket waiver authorizing the TA to extend any mediation for a period not to exceed thirty days after the end of the mediation period, provided that the mediator confirms that the parties have negotiated in good faith and recommends that mediation be extended, and that the TA believes that the extension will not cause unreasonable delay to the band reconfiguration process. We believe conferring this discretion on the TA should provide sufficient flexibility to cover the vast majority of cases and is consistent with the broad authority the Commission has bestowed on the TA. 21 The TA shall notify PSCID of any extension that it grants pursuant to this waiver. In addition, we delegate to the Chief of PSCID the authority, consistent with this order, to grant mediation extensions requested by the TA for a period not to exceed six months after the end of the mediation period, subject to the same bi- weekly reporting requirement described above. 22 8. Finally, we issue the following errata to clarify the procedures that apply to mediation, arbitration, and referral of unresolved cases to PSCID, and/ or to address certain discrepancies between our 800 MHz orders and the text of Rule 90.677( d)( 1) and 90.677( d)( 2) as amended by the 800 MHz MO& O. 23 (Continued from previous page) Resolution and Request for Waiver, filed February 21, 2006; and State of Connecticut, Recommended Resolution and Request for Waiver, filed February 23, 2006. We dismiss these requests as moot. 21 For example, the Commission stated that the overriding obligation of the TA is to facilitate timely band reconfiguration in a manner that is equitable to all concerned. In this regard, the Commission noted that the TA had the discretion to change the band reconfiguration schedule to meet unanticipated needs. Also, the TA’s portfolio includes taking “the most effective actions, in the short- term and long- term, to promote robust and reliable public safety communications in the 800 MHz band to ensure the safety of life and property.” See Supplemental Order, 19 FCC Rcd 25152. 22 In the 800 MHz Report and Order, the Commission stated that it would impose a freeze on 800 MHz applications in a region commencing from the date of the Public Notice announcing the date when voluntary negotiation of relocation agreements must be concluded until thirty days after the completion of mandatory negotiations for that region. See 800 MHz Report and Order ¶ 204. This Order does not affect the duration of that filing freeze for Wave 1 or any other wave. 23 See Improving Public Safety Communications in the 800 MHz Band, Memorandum Opinion and Order, WT Docket No. 02- 55, 20 FCC Rcd 16015 (2005) (800 MHz MO& O) ¶ 120. 5 Federal Communications Commission FCC 06- 63 7 APPENDIX FINAL RULES PART 90 – PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for Part 90 continues to read as follows: AUTHORITY: 4( i), 11, 303( g), 303( r), and 302( c)( 7) of the Communications Act of 1934, as amended, 47 U. S. C. 154( i), 161, 303( g), 303( r), 332( c)( 7). 2. Paragraph (d) in Section 90.677 is amended to read as follows: § 90.677 Reconfiguration of the 806- 824/ 851- 869 MHz band in order to separate high- density cellular systems from non- cellular systems. * * * * * (d) Transition Administrator. (1) The Transition Administrator, or other mediator, shall attempt to resolve disputes referred to it before the conclusion of the mandatory negotiation period as described in § 90.677( c) within thirty working days after the Transition Administrator has received a submission by one party and a response from the other party. Any party thereafter may seek expedited non- binding arbitration which must be completed within thirty days of the Transition Administrator's, or other mediator's recommended decision or advice. Should issues still remain unresolved after mediation or arbitration they shall be referred to the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau within ten days of the Transition Administrator's, or other mediator's advice, or if arbitration has occurred, within ten days of the completion of arbitration. When referring an unresolved matter to the Chief of the Public Safety and Critical Infrastructure Division, the Transition Administrator shall forward the entire record on any disputed issues, including such dispositions thereof that the Transition Administrator has considered. Upon receipt of such record and advice, the Commission will decide the disputed issues based on the record submitted. The authority to make such decisions is delegated to the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau who may decide the disputed issue or designate it for an evidentiary hearing before an Administrative Law Judge. If the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau decides an issue, any party to the dispute wishing to appeal the decision may do so by filing with the Commission, within ten days of the effective date of the initial decision, a Petition for de novo review; whereupon the matter will be set for an evidentiary hearing before an Administrative Law Judge. Any disputes submitted to the Transition Administrator after the conclusion of the mandatory negotiation period as described in § 90.677( c) shall be resolved as described in § 90.677( d)( 2). (2) If no agreement is reached during either the voluntary or mandatory negotiating periods, all disputed issues shall be referred to the Transition Administrator, or other 7 Federal Communications Commission FCC 06- 63 8 mediator, who shall attempt to resolve them. If disputed issues remain thirty working days after the end of the mandatory negotiation period; the Transition Administrator shall forward the record to the Chief of the Public Safety and Critical Infrastructure Division, together with advice on how the matter( s) may be resolved. The Chief of the Public Safety and Critical Infrastructure Division is hereby delegated the authority to rule on disputed issues, de novo. If the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau decides an issue, any party to the dispute wishing to appeal the decision may do so by filing with the Commission, within ten days of the effective date of the initial decision, a Petition for de novo review; whereupon the matter will be set for an evidentiary hearing before an Administrative Law Judge. * * * * * 8