**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | WT Docket 02-55              |
|                                  | *) |                              |
| Improving Public Safety          | ** |                              |
| Communications in the 800 MHz    |    |                              |
| Band                             | *  |                              |
|                                  | *) |                              |
| Relinquishment By Sprint Nextel  | ** |                              |
| of Channels in the Interleaved,  |    |                              |
| Expansion, and Guard Bands       | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: October 29, 2008 Released: October 30, 2008**

By the Commission:

# introduction

1.  In this order, we address the June 17, 2008 Petition for Relief
    filed by Sprint Nextel Corporation (Sprint), in which Sprint asks
    that we modify or waive the requirement that it vacate its
    non-border spectrum holdings in the 800 MHz Interleaved Band
    (809-815/854-860 MHz), Expansion Band (815-816/860-861 MHz) and
    Guard Band (816-817/861-862 MHz) (collectively, Mid-Band) by June
    26, 2008.[^1] We grant a waiver to Sprint allowing it to relinquish
    this spectrum in stages, tied to the progress towards completion of
    rebanding achieved by 800 MHz NPSPAC licensees in each NPSPAC Public
    Safety Region. We further require that regardless of the pace of
    rebanding progress, Sprint must relinquish all of its non-border
    spectrum in the Interleaved Band, *i.e*., all channels below 815/860
    MHz, by March 31, 2010.[^2] We also adapt our previously established
    procedures for licensing the vacated spectrum to public safety and
    critical infrastructure industry (CII) entities to conform to this
    staged approach.

# background

2.  In the *800 MHz Report and Order*, the Commission ordered the
    rebanding of the 800 MHz band to resolve interference between
    commercial and public safety systems in the band.[^3] As one element
    of rebanding, Sprint agreed to vacate all of its 800 MHz spectrum
    holdings below 817/862 MHz, including its holdings in the Mid-Band,
    that have not otherwise been used to accommodate rebanding of 800
    MHz incumbents.[^4] The Commission further provided that the vacated
    channels in the Interleaved Band would be made exclusively available
    for new licensing to public safety for three years after the
    completion of rebanding in each region, and would be exclusively
    available to public safety and CII for the following two years.[^5]
    The vacated channels in the Expansion Band and Guard Band would be
    available for licensing under their pre-rebanding pool
    categories.[^6]

3.  In the *800 MHz 3rd MO&O*, we affirmed that Sprint is required to
    vacate the Mid-Band in non-border areas by the end of the 36-month
    rebanding transition period, *i.e*., by June 26, 2008, regardless of
    whether other elements of the rebanding transition are complete.[^7]
    Sprint appealed the *800 MHz 3rd MO&O* to the Court of Appeals for
    the D.C. Circuit, contending that it is not required to vacate the
    Mid-Band in any NPSPAC region until all licensees in the region have
    completed rebanding, even if the completion of rebanding takes
    longer than 36 months. On May 2, 2008, the Court upheld our decision
    in full.[^8]

4.  On June 17, 2008, Sprint filed its Petition for Relief, requesting
    that the Commission authorize it to relinquish its non-border
    spectrum holdings in the Mid-Band in six stages based on the
    region-by-region progress made by public safety licensees in
    retuning their systems from the old NPSPAC band (821-824/866-869
    MHz) to the new NPSPAC band (806-809/851-854 MHz).[^9] To the extent
    necessary, Sprint requests a waiver to carry out this staged
    transition,[^10] which would occur as follows under Sprint's
    proposal:

-   [Stage 1]{.underline}: Sprint proposes to relinquish all of its
    remaining channels in the 809-809.5/854-854.5 MHz block of the
    Interleaved Band, making them immediately available for licensing
    and use by eligible public safety licensees in all non-border public
    safety regions. Since the Petition was filed, Sprint has begun the
    process of relinquishing its channel holdings in this block.

```{=html}
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-   [Stages 2 through 6]{.underline}: Sprint proposes to relinquish
    additional Mid-Band channels in each non-border public safety region
    based on the percentage of channels in the old NPSPAC block that
    have been cleared in the region by relocation of NPSPAC incumbents
    to the new NPSPAC block:

    -   Stage 2 \-- 809.5-810.5/854.5-855.5 MHz block: relinquished when
        25% of channels in the old NPSPAC block (*i.e.*, 30 channels)
        are clear in the region.[^11]

    -   [Stage 3]{.underline} \-- 810.5-812/855.5-857 MHz block:
        relinquished when 50% of channels in the old NPSPAC block
        (*i.e.*, 60 channels) are clear in the region.

    -   [Stage 4 \--]{.underline} 812-814/857-859 MHz block:
        relinquished when 75% of channels in the old NPSPAC block
        (*i.e.*, 90 channels) are clear in the region.

    -   [Stage 5 \--]{.underline} 814-816/859-861 MHz block:
        relinquished when 90% of channels in the old NPSPAC block
        (*i.e.*, 108 channels) are clear in the region.

    -   [Stage 6]{.underline} \-- 816-817/861-862 MHz block:
        relinquished when 100% of channels in the old NPSPAC block
        (*i.e.*, 120 channels) are clear in the region.

        Sprint further proposes that in each stage, Sprint would
        relinquish its rights to the channels to allow eligible entities
        to apply for them, but would not be required to physically
        vacate any channel until the new licensee with rights to the
        channel provided 60 days notice of readiness to use the
        channel.[^12]

5.  On June 20, 2008, the Public Safety and Homeland Security Bureau
    (PSHSB), on its own motion, waived the deadline by which Sprint must
    vacate the Mid-Band for a period of 30 days to allow us time to
    consider the issues raised by the Sprint Petition.[^13] The Bureau
    has since extended the deadline by four additional 30-day
    periods.[^14] Consequently, Sprint is currently obligated to vacate
    the entire Mid-Band by November 24, 2008 unless the Commission finds
    good cause to modify or waive the requirement.

6.  On June 24, 2008, the Association of Public Safety Communications
    Officials International (APCO), the International Association of
    Fire Chiefs (IAFC) and the International Association of Chiefs of
    Police (IACP) jointly filed a letter in response to the Sprint
    Petition.[^15] These organizations state that they are not opposed
    to Sprint's proposal, but propose that Sprint be required to vacate
    all of its Interleaved Band channels, *i.e*., all Mid-Band channels
    below 815/860 MHz, by July 1, 2009 to accommodate the anticipated
    demand for additional public safety spectrum capacity in the 800 MHz
    band.[^16]

7.  On July 7, 2008, Sprint filed a reply to the APCO/IACP/IAFC Joint
    Response.[^17] Sprint objects to the APCO/IACP/IAFC proposal that it
    be required to vacate all of its Interleaved Band channels by July
    1, 2009.[^18] As an alternative, Sprint proposes a "safety valve"
    for accelerated release of additional channels on a case-by-case
    basis. Under this proposal, when the 75% clearing benchmark
    (Stage 4) is achieved in a region, freeing up channels for public
    safety below 814/859 MHz, Sprint will also vacate any of its
    channels in the 814-815/859-860 MHz block on 60 days notice if a
    public safety licensee in the region demonstrates that it needs the
    additional capacity.[^19] Sprint also proposes that in unique
    circumstances involving extensive rebanding delays where the 75%
    threshold has not been met, the Commission could consider public
    safety requests for additional channels on a case-by-case
    basis.[^20]

8.  On July 25, 2008, Spectrum Acquisitions, Inc. (SAI) filed an
    opposition to the Sprint Petition.[^21] SAI contends that Sprint's
    proposal will increase interference to public safety entities in the
    800 MHz band and does not make sufficient spectrum available to
    public safety users in a timely fashion.[^22] SAI proposes that the
    Commission grant a 6-month extension of the deadline for Sprint to
    vacate the Mid-Band and that we revise Sprint's 1.9 GHz spectrum
    rights so that it may only access the 1.9 GHz band on a
    region-by-region basis as rebanding is completed in each
    region.[^23] SAI also references comments it recently filed in the
    Commission's 700 MHz D Block proceeding, in which SAI proposed that
    Sprint return all of its 800 MHz spectrum to the Commission as part
    of a larger reconfiguration of the 700 MHz and 800 MHz bands.[^24]

9.  Since the Petition was filed, Sprint has begun the process of
    relinquishing its channel holdings in the 809-809.5/854-854.5 MHz
    block (Stage 1 of its proposal) in all non-border regions while the
    Petition is pending. Accordingly, we will shortly launch a public
    website that interested parties may use to identify relinquished
    channels in this block, and will issue a public notice detailing
    application and licensing procedures and specifying the initial date
    that applications for such channels may be filed.

# DISCUSSION

10. As we observed in the *800 MHz 3rd MO&O*, requiring Sprint to clear
    the Mid-Band in a timely manner "accomplishes important public
    interest objectives by reducing the potential for interference and
    increasing the amount of 800 MHz spectrum available for public
    safety use."[^25] We also pointed out that the Commission had
    enabled Sprint to prepare for and mitigate the potential spectrum
    shortfalls "by providing Sprint access to 900 MHz spectrum and
    crediting Sprint for the cost of constructing additional cell sites
    to increase its network capacity."[^26]

11. Sprint contends, however, that the Commission should modify or waive
    the requirement that Sprint vacate the Mid-Band in light of changed
    circumstances since the *800 MHz 3rd MO&O.* Sprint notes that over
    60 percent of non-border NPSPAC licensees have sought and received
    waivers of the June 26, 2008 rebanding deadline.[^27] As a result of
    these waivers, Sprint asserts, it will continue to bear the
    administrative, network, and implementation burdens of rebanding
    well beyond June 26, 2008, while its access to spectrum being
    vacated by NPSPAC licensees will be delayed.[^28] Sprint contends
    that if it is required to fully vacate the Mid-Band while
    substantial NPSPAC relocation is still ongoing, it will suffer a
    significant reduction in spectrum capacity during the transition
    that could substantially impair its network performance and ability
    to serve customers, including public safety customers.[^29] Sprint
    states that it will meet its rebanding obligations, but requests
    that we readjust the *800* *MHz 3rd MO&O* requirements "to ensure a
    fair and equitable balance in expediting band reconfiguration,
    providing public safety additional channels, and avoiding disruption
    to Sprint Nextel's customers during the transition to the final band
    plan."[^30]

12. We will waive our rules if "\[i\]n view of unique or unusual
    circumstances of the instant case, application of the rule(s) would
    be inequitable, unduly burdensome or contrary to the public
    interest."[^31] We agree with Sprint that since the *800 MHz 3rd
    MO&O*, the circumstances surrounding the rebanding process have
    evolved in several material respects. Although most NPSPAC licensees
    are now engaged in the rebanding process, rebanding has proven to be
    substantially more complicated and protracted than originally
    contemplated.[^32] On June 17, 2008, PSHSB released a series of
    orders addressing approximately 500 requests by public safety
    licensees for waiver of the June 26, 2008 deadline.[^33] In these
    orders, the Bureau granted waivers to public safety licensees
    seeking extensions to complete rebanding on or before July 1, 2009,
    and granted partial relief to licensees requesting more lengthy
    extensions. On June 19, 2008, the Bureau granted Sprint a parallel
    waiver to remain on Channel 1-120 channels until NPSPAC licensees
    that receive waivers are ready to reband.[^34] As a result, it is
    now clear that completion of NPSPAC rebanding will extend well past
    June 26, 2008.

13. Given these circumstances, we do not believe the public interest
    would be served by requiring Sprint to immediately vacate the entire
    Mid-Band, which would cause serious disruption to Sprint's network
    and customers. At the same time, we believe that to make spectrum
    available to public safety and reduce the potential for harmful
    interference, Sprint should promptly begin the process of vacating
    the Mid-Band, and should vacate additional Mid-Band portions as
    rebanding progresses. We find that Sprint's proposal is consistent
    with this objective and will not undermine the original purpose of
    the requirement.

14. We disagree with SAI's assertion that Sprint's proposal will
    increase harmful interference to public safety.[^35] Of particular
    note, under the proposal, Sprint will relinquish channels at the low
    end of the Mid-Band in the earlier stages while relinquishing
    channels at the high end of the band in the later stages. By
    relinquishing lower-end channels first, Sprint will achieve greater
    spectral separation from the new NPSPAC band early in the
    transition, thereby decreasing the potential for harmful
    interference to public safety systems. This sequence will also
    enable public safety entities to access those channels earliest that
    are likely to be the most valuable to public safety due to their
    proximity to the new NPSPAC band and their separation from the
    reconfigured ESMR band. Finally, so long as Sprint continues to
    occupy any Mid-Band channels, we will continue to require it to
    protect public safety from harmful interference under the rules
    established for the rebanding transition.[^36]

15. While we find merit in Sprint's proposal to relinquish its Mid-Band
    spectrum in stages tied to NPSPAC rebanding, we also agree with
    public safety representatives that it is appropriate to set an
    eventual deadline for Sprint to vacate the Interleaved Band
    regardless of NPSPAC rebanding progress. This will provide public
    safety with certainty regarding when such spectrum will become
    available to meet public safety demand, and will increase the
    spectral separation between Sprint and public safety. We therefore
    require that by March 31, 2010, Sprint must make available all of
    its remaining non-border spectrum in the Interleaved Band, *i.e*.,
    all channels below 815/860 MHz.[^37] Sprint may remain on such
    channels past this date provided that Sprint vacates any channel on
    60-days notice that a public safety agency is prepared to operate on
    the channel. Although the March 31, 2010 deadline we adopt is later
    than the date proposed by APCO, IACP, and IAFC, we believe this date
    fairly balances Sprint's network concerns against public safety's
    need for additional spectrum. Based on the progress achieved in
    rebanding to date, we believe that by March 31, 2010, the staged
    approach proposed by Sprint will have already yielded substantial
    spectrum to public safety in most regions. We will also entertain
    public safety requests for accelerated access to Interleaved Band
    channels on a case-by-case basis where public safety can demonstrate
    a compelling need for the channels before the relevant NPSPAC
    clearing threshold is met.

16. We emphasize that in acting on the Sprint Petition, we make no
    finding regarding the degree to which Sprint's inability to vacate
    the Mid-Band by the 36-month deadline was due to factors within or
    beyond Sprint's control. We therefore defer for the time being any
    consideration of possible enforcement action against Sprint (*e.g*.,
    monetary forfeitures or license revocation) for failure to meet the
    deadline.[^38] We specifically decline at this time to consider
    SAI's proposal to limit Sprint's rights to use the 1.9 GHz
    spectrum.[^39] We also note that our waiver of Sprint's deadline for
    vacating the Mid-Band has no impact on Sprint's other rebanding
    obligations or any other aspect of the rebanding timetable set forth
    in the Commission's orders in this proceeding, including the
    timetable for relocating Broadcast Auxiliary Service (BAS) licensees
    to frequencies above 2025 MHz.

17. Based on the above, we grant Sprint's request for waiver in part and
    impose the following requirements on Sprint for relinquishing its
    channel holdings in the Mid-Band by stages. We also adapt our
    procedures for licensing of these channels to conform to this staged
    approach as follows:

-   [Stage 1]{.underline}: As noted above, Sprint has begun the process
    of making all of its channels in the 809-809.5/854-854.5 MHz block
    of the Interleaved Band available for licensing and use by eligible
    public safety agencies in all non-border regions. These channels
    will be identified in a publicly available website and PSHSB will
    announce a filing window and application procedures for the channels
    as soon as possible. Consistent with the *800 MHz Report and Order*,
    these channels will be exclusively available to public safety
    eligibles for three years after opening of the filing window, and
    will be exclusively available to public safety and CII eligibles for
    the following two years.[^40] After new licenses are granted, Sprint
    will vacate any channel on 60 days notice that the new licensee is
    ready to use the channel.

-   Sprint will make additional blocks of Mid-Band channels available
    for licensing and use in each non-border region in stages tied to
    achievement of the following thresholds in the region for relocation
    of NPSPAC licensees and resulting clearing of channels in the old
    NPSPAC band:

    -   [Stage 2]{.underline}: Sprint will make its channels in the
        809.5-810.5/854.5-855.5 MHz block available in each region when
        25% of channels in the old NPSPAC block (*i.e.*, 30 channels)
        are clear in the region.[^41]

    -   [Stage 3]{.underline}: Sprint will make its channels in the
        810.5-812/855.5-857 MHz block in available each region when 50%
        of channels in the old NPSPAC block (*i.e.*, 60 channels) are
        clear in the region.

    -   [Stage 4]{.underline}: Sprint will make its channels in the
        812-814/857-859 MHz block in each region when 75% of channels in
        the old NPSPAC block (*i.e.*, 90 channels) are clear in the
        region.[^42] As described in Sprint's "safety valve" proposal,
        Sprint will also make its channels in the 814-815/859-860 MHz
        block available if there is public safety demand for additional
        channels in the region.[^43]

    -   [Stage 5]{.underline}: To the extent that channels in the
        814-815/859-860 MHz block have not been made available in Stage
        4, Sprint will make its channels in this block available in each
        region when 90% of channels in the old NPSPAC block (*i.e.*, 108
        channels) are clear in the region. Sprint will also make its
        channels in the 815-816/860-861 MHz Expansion Band block
        available in each region

    -   [Stage 6]{.underline}: Sprint will make its channels in the
        816-817/861-862 MHz Guard Band block available in each region
        when 100% of channels in the old NPSPAC block (*i.e.*, 120
        channels) are clear in the region.

-   On March 31, 2010, Sprint will make available all non-border
    channels in the Interleaved Band, *i.e*., all channels below 815/860
    MHz that it has not relinquished previously. Sprint will continue to
    make spectrum in the Expansion Band and Guard Band available based
    on the region-by-region thresholds for NPSPAC relocation and
    clearing described above.

-   As each additional block of Mid-Band spectrum is made available
    based on the formulas described above, the available channels in the
    block will be identified in a publicly available website, and the
    relevant licensing bureau will announce a filing window and
    application procedures for the channels.[^44]

-   Consistent with the *800 MHZ Report and Order*, channels
    relinquished by Sprint in each block of the Interleaved Band
    (809-815/854-860 MHz) will be made exclusively available for
    licensing to public safety eligibles for three years after the
    opening of the filing window for that block, and will be exclusively
    available for licensing to public safety and CII eligibles for the
    following two years.[^45] After new licenses are granted, Sprint
    will vacate any channel on 60 days notice that the new licensee is
    ready to use the channel.

-   Expansion Band channels (815-816/860-861 MHz) covered in Stage 5
    will be made available for licensing under their pre-rebanding pool
    categories. To the extent that new Expansion Band licenses are
    granted, Sprint will vacate any channel on 60 days notice that the
    new licensee is ready to use the channel.

-   Guard Band channels (816-817/861-862 MHz) covered in Stage 6 will
    also be made available for licensing under pre-rebanding pool
    categories. Because Stage 6 represents the completion of NPSPAC
    rebanding in each region, Sprint will vacate these channels
    immediately and unconditionally when Stage 6 clearing is achieved.
    In addition, Sprint will immediately vacate any remaining
    Interleaved or Expansion Band channels in the region from Stages 1
    through 5 that it has not previously vacated under the 60-day notice
    procedure**.**

18. We clarify several elements of the clearing and licensing process
    described above. Channels in the old NPSPAC band will be deemed
    "clear" when the NPSPAC licensee formerly occupying the channels has
    relocated to channels in the new NPSPAC band and has ceased
    operations on the old channels, even if the licensee has not
    completed all post-relocation rebanding tasks (*e.g.*, "second
    touches" of subscriber radios to remove old channels). The TA will
    be responsible for monitoring the NPSPAC clearing process and
    determining when each of the percentage clearing thresholds
    described above has been met, at which point it will notify Sprint
    and PSHSB.

19. We also clarify the 60-day notice procedure for Sprint to vacate and
    new licensees to commence operations on channels in the Mid-Band.
    Sprint proposes that the 60-day clock would commence once a new
    licensee demonstrates that it (1) has received authorization from
    the Commission to operate on the channels at its proposed site; (2)
    has constructed the base station(s) and related infrastructure
    necessary to operate on the new channel(s); (3) has deployed mobile
    units or handsets capable of operating on the new channels for the
    majority of its regular users; and (4) intends to commence regular
    operations on the new channels in 60 days.[^46] We do not find such
    a complex showing by the licensee to be required. Instead, we apply
    the same 60-day notice procedure that we are already using elsewhere
    in the rebanding process to enable rebanding NPSPAC licensees to
    occupy channels in the Channel 1-120 band formerly occupied by
    Sprint.[^47] Under this procedure, a new licensee with prospective
    rights to a Mid-Band channel need only provide notice to Sprint that
    it requires the channel in 60 days for testing purposes or to
    commence operations. Once Sprint has received such notice, Sprint
    must terminate its operations and clear the spectrum within 60 days
    to the extent necessary to allow the licensee to operate on the
    channel without harmful interference.

# ordering clause

20. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 332 of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 332,
    this Order IS ADOPTED.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

[^1]: Petition for Relief -- Expedited Action Requested, filed by Sprint
    Nextel Corporation, June 17, 2008 (Sprint Petition).

[^2]: For this purpose, we define "non-border spectrum" to include
    spectrum in NPSPAC public safety regions in Waves 1 through 3 and in
    non-border portions of Wave 4 regions where licensees subject to
    rebanding received replacement frequency assignments from the
    Transition Administrator prior to June 26, 2008.

[^3]: Improving Public Safety Communications in the 800 MHz Band, WT
    Docket No. 02-55, et al., *Report and Order, Fifth Report and Order,
    Fourth Memorandum Opinion and Order, and Order,* 19 FCC Rcd 14969
    (2004) (*800 MHz Report and Order*). *See also* *Supplemental Order
    and Order on Reconsideration*, 19 FCC Rcd 25120 (2004) (*800 MHz
    Supplemental Order*); *Memorandum Opinion and Order*, 20 FCC Rcd
    16015 (2005); *Second Memorandum Opinion and Order*, 22 FCC Rcd
    10467 (2007).

[^4]: *800 MHz Report and Order*, 19 FCC Rcd at 15046-47, ¶ 146.

[^5]: *Id.,* 19 FCC Rcd at 15052 ¶ 152.

[^6]: *Id.,* 19 FCC Rcd at 15051-52 ¶ 151. In order to consolidate
    public safety spectrum in the lower portion of the 800 MHz band, the
    Commission reclassified 12 Public Safety channels in the Expansion
    Band as SMR channels, and reclassified 12 SMR channels in the
    Interleaved Band as Public Safety channels. *Id.* at 15053 ¶ 155.

[^7]: Improving Public Safety Communications in the 800 MHz Band, WT
    Docket No. 02-55, *Third Memorandum Opinion and Order*, 22 FCC Rcd
    17209, 17217 ¶ 28 (2007) (*800 MHz 3rd MO&O*). The *800 MHz 3rd
    MO&O* deferred consideration of Sprint's spectrum-clearing
    obligations in border areas to a later date. *Id.* at 17216-17 ¶ 25
    n.56.

[^8]: *Sprint Nextel Corp. v. FCC*, 524 F.3d 253 (D.C. Cir. 2008).

[^9]: Sprint Petition at 3-5.

[^10]: *Id.* at 2.

[^11]: Because Sprint operates on 25 kHz channels, Sprint calculates a
    total of 120 channels in the old NPSPAC block, and proposes to
    define a "clear" channel for this purpose as a 25 kHz channel that
    is available for use by Sprint throughout the entire NPSPAC region.
    Sprint Petition at 4 n.9.

[^12]: *Id.*

[^13]: Improving Public Safety Communications in the 800 MHz Band, WT
    Docket No. 02-55, *Order*, 23 FCC Rcd 9581 (PSHSB 2008).

[^14]: Improving Public Safety Communications in the 800 MHz Band, WT
    Docket No. 02-55, *Order*, 23 FCC Rcd 11271 (PSHSB 2008); Improving
    Public Safety Communications in the 800 MHz Band, WT Docket No.
    02-55, *Order*, 23 FCC Rcd 12819 (PSHSB 2008); Improving Public
    Safety Communications in the 800 MHz Band, WT Docket No. 02-55,
    *Order*, 23 FCC Rcd 13851 (PSHSB 2008); Improving Public Safety
    Communications in the 800 MHz Band, WT Docket No. 02-55, *Order*, DA
    08-2351 (PSHSB, rel. Oct. 24, 2008)

[^15]: Letter from Robert M. Gurss, Director, Legal & Government
    Affairs, APCO International; Harlin R. McEwen, Chairman, IACP
    Communications & Technology Committee; and Alan Caldwell, Senior
    Advisor, Government Relations, International Association of Fire
    Chiefs, to Marlene H. Dortch, Secretary, Federal Communications
    Commission, June 24, 2008 (APCO/IACP/IAFC Joint Response).

[^16]: *Id.* APCO, IACP, and IAFC would allow Sprint to remain on
    Interleaved Band channels past July 1, 2009 provided that Sprint
    vacates any channel on 60-days notice that a public safety agency is
    prepared to operate on the channel.

[^17]: Letter from Lawrence R. Krevor, Vice President -- Spectrum; James
    B. Goldstein, Director, Spectrum Reconfiguration, Sprint Nextel
    Corporation, to Marlene H. Dortch, Secretary, Federal Communications
    Commission, July 7, 2008 (Sprint Reply). On July 10, 2008, the
    Enterprise Wireless Alliance, filed a letter in support of Sprint's
    revised position. Letter from Mark E. Crosby, President/CEO,
    Enterprise Wireless Alliance, to Marlene H. Dortch, Secretary,
    Federal Communications Commission, July 10, 2008.

[^18]: *Id.* at 2-3.

[^19]: *Id.* at 3.

[^20]: *Id.* at 4.

[^21]: Opposition of Spectrum Acquisitions, Inc., filed July 25, 2008
    (SAI Opposition).

[^22]: *Id.* at 14-16.

[^23]: *Id.* at 18-19.

[^24]: *Id.* at 4-5 (*citing* SAI comments filed June 23, 2008 in WT
    Docket No. 06-150).

[^25]: *800 MHz 3rd MO&O*, 22 FCC Rcd at 17217 ¶ 28.

[^26]: *Id.*

[^27]: Sprint Petition at 1-2.

[^28]: *Id.* at 3.

[^29]: *Id.* at 5.

[^30]: *Id.* at 3.

[^31]: 47 C.F.R. § 1.925(b)(3)(ii). *See WAIT Radio v. FCC*, 418 F.2d
    1153 (D.C. Cir. 1969).

[^32]: Sprint Petition at 2. *See* *also* Federal Communications
    Commission Provides Guidance for Submission of Requests for Waiver
    of June 26, 2008 Deadline for Completion of 800 MHz Rebanding,
    *Public Notice*, 23 FCC Rcd 664 (2008).

[^33]: Improving Public Safety Communications in the 800 MHz Band, WT
    Docket 02-55, *Order*, 23 FCC Rcd 9421 (PSHSB 2008); *Order*, 23 FCC
    Rcd 9430 (PSHSB 2008); *Order*, 23 FCC Rcd 9443 (PSHSB 2008);
    *Order*, 23 FCC Rcd 9454 (PSHSB 2008); *Order*, 23 FCC Rcd 9464
    (PSHSB 2008); *Order*, 23 FCC Rcd 9476 (PSHSB 2008); *Order*, 23 FCC
    Rcd 9485 (PSHSB 2008); *Order*, 23 FCC Rcd 9491 (PSHSB 2008).

[^34]: Improving Public Safety Communications in the 800 MHz Band, WT
    Docket 02-55, *Order*, 23 FCC Rcd 9558 (PSHSB 2008) (*Sprint Channel
    1-120 Waiver Order*).

[^35]: *See* SAI Opposition at 15-16.

[^36]: During the transition, Sprint must protect public safety
    licensees in accordance with the "interim" interference standard
    specified by the Commission in the *800 MHz Supplemental Order. See
    800 MHz Supplemental Order*, 19 FCC Rcd at 25137-38 ¶ 39. In
    addition, Sprint must employ the additional protection methods
    identified in the *800 MHz Supplemental Order* to protect licensees
    that do not meet the signal strength threshold under Commission's
    interim rule but that do meet the threshold under the Commission's
    final interference rules. *Id.* at 25139-40 ¶ 42.

[^37]: We will allow Sprint to remain on Expansion Band and Guard Band
    channels in each region until the relevant NPSPAC clearing threshold
    is reached. As noted above, these channels are not to be made
    available to public safety.

[^38]: We have similarly deferred consideration of enforcement action
    against Sprint for failure to meet the 18-month rebanding benchmark.
    *See* *800 MHz 3rd MO&O*, 22 FCC Rcd at 17214 ¶ 18.

[^39]: We also decline to address SAI's proposal for Sprint to return
    all of its 800 MHz spectrum to the Commission. This proposal was
    submitted in comments to the 700 MHz proceeding and is beyond the
    scope of the proceeding currently before us.

[^40]: *800 MHz Report and Order*, 19 FCC Rcd at 15052, ¶ 152.

[^41]: Because Sprint operates on 25 kHz channels, we define a "clear"
    channel for this purpose as a 25 kHz channel that has been cleared
    of NPSPAC incumbents throughout the NPSPAC region.

[^42]: In the Southeast ESMR Band Plan Area, Sprint is only required to
    vacate channels below 813.5/858.5 MHz, which is the dividing line in
    that region between the ESMR and non-ESMR portions of the band.

[^43]: Public safety entities will be allowed to apply for channels in
    the 814-815/859-860 MHz block in Stage 4 if the frequency
    coordinator certifies that there are no suitable Interleaved Band
    channels available to the applicant below 814/859 MHz.

[^44]: PSHSB will be responsible for initial licensing of vacated
    Interleaved Band channels to public safety, while the Wireless
    Telecommunications Bureau will be responsible for subsequent
    licensing of Interleaved Band channels to CII as well as all
    licensing of vacated channels in the Expansion Band and Guard Band.

[^45]: After five years, any remaining vacated Interleaved Band channels
    will revert to their pre-rebanding licensing categories. However, to
    the extent that Sprint vacates any of the 12 former SMR channels
    that were reclassified in the *800 MHz Report and Order* as Public
    Safety channels (856.0125, 856.0375, 856.0625, 856.0875, 857.0125,
    857.0375, 857.0625, 857.0875, 858.0125, 858.0375, 858.0625, and
    858.0875 MHz), *see* note 6, *supra*, these channels will be
    permanently available solely to public safety entities.

[^46]: Sprint Petition at 5.

[^47]: *See* *800 MHz 3rd MO&O*, 22 FCC Rcd at 17216 ¶ 23; *Sprint
    Channel 1-120 Waiver Order*, 23 FCC Rcd at 9562 ¶ 14.