**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | WT Docket 02-55              |
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| Improving Public Safety          | ** |                              |
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| New 800 MHz Band Plan for U.S.   | ** |                              |
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**SECOND REPORT AND ORDER**

**Adopted: May 9, 2008 Released: May 9, 2008**

By the Chief, Public Safety and Homeland Security Bureau:

Table of Contents

Heading Paragraph \#

I. introduction 1

II\. Background 2

III\. DISCUSSION 6

A. Band Plan Elements Applicable to All Border Regions 7

1\. Non-NPSPAC Public Safety Systems in the 806-809/851-854 MHz Band. 9

2\. NPSPAC Facilities on Canada Primary Channels 13

3\. Separation of Non-ESMR (High-Site B/ILT and SMR) and ESMR Systems 15

4\. B/ILT, High-Site SMR, and ESMR Operations on Canada Primary Channels
20

a\. B/ILT and High-Site SMR Licensees 20

b\. Sprint Operations Under Special Coordination Procedures 21

5\. Mutual Aid Channels 26

6\. TELUS Operations on U.S. Primary Channels 28

B. Region-Specific Band Plans 29

1\. Regions 1, 4, 5, 6 30

2\. Region 2 32

3\. Region 3 33

4\. Regions 7 and 8 35

C. Implementation Issues 37

1\. Planning, Negotiation, and Mediation 39

2\. Rebanding Implementation 42

IV\. PROCEDURAL MATTERS 48

V. ordering clauseS 50

APPENDIX A: FINAL REGULATORY FLEXIBILITY ANALYSIS

APPENDIX B: US -- CANADA BORDER REGIONS

APPENDIX C: CANADA BORDER REGION BAND PLANS

APPENDIX D: FINAL RULES

APPENDIX E: LIST OF COMMENTING PARTIES

APPENDIX F: INDUSTRY CANADA AND FCC EXCHANGE OF LETTERS

# introduction

1.  By this order, the Federal Communications Commission's Public Safety
    and Homeland Security Bureau (PSHSB), on delegated authority,
    establishes a reconfigured 800 MHz band plan in the U.S. - Canada
    border regions in order to accomplish the Commission's goals for
    band reconfiguration. We also establish a 30-month transition period
    for completion of rebanding in the U.S. - Canada border regions,
    which will commence 60 days after the effective date of this order.

# Background

2.  The U.S. and Canada operate along their common border in the 800 MHz
    band pursuant to a bilateral agreement (Arrangement F) that
    distributes primary spectrum in the U.S. -- Canada border region
    between the two countries.[^1] This agreement creates a border area
    extending 140 kilometers from the border on either side, and divided
    into eight geographic regions.[^2] In four of the regions (Regions
    1, 4, 5, 6), the U.S. and Canada divide the 800 MHz band evenly. In
    two other regions, the spectrum is divided unevenly: in Region 2
    (Buffalo/Toronto), the U.S. is primary on 30 percent of the channels
    and Canada is primary on 70 percent, while in Region 3
    (Detroit/Windsor) the U.S. is primary on 70 to 85 percent of the
    channels and Canada is primary on 15 to 30 percent, depending on the
    band segment. The remaining two regions (Regions 7 and 8) are
    "buffer zones" starting at 100 kilometers from the border and
    extending to 140 kilometers from the border. In these regions in the
    U.S., U.S. licensees have access to 100 percent of the channels on a
    primary basis, subject to power and antenna height limits designed
    to limit signal strength at the border.

3.  In July 2004, the Commission reconfigured the 800 MHz band to
    eliminate interference to public safety and other land mobile
    communication systems operating in the band.[^3] However, the
    Commission deferred consideration of band reconfiguration plans for
    the border areas, noting that "implementing the band plan in areas
    of the United States bordering Mexico and Canada will require
    modifications to international agreements for use of the 800 MHz
    band in the border areas."[^4] The Commission stated that "the
    details of the border plans will be determined in our ongoing
    discussions with the Mexican and Canadian governments."[^5] The
    Commission also noted that international negotiations could cause
    rebanding in the border regions to take longer than the 36-month
    period established for rebanding in non-border regions.[^6] In May
    2007, the Commission delegated authority to the Bureau to propose
    and adopt border area band plans once agreements are reached with
    Canada and Mexico.[^7]

4.  In July 2007, the U.S. and Canada reached an agreement on a process
    that enables the U.S. to proceed with rebanding in the border region
    prior to formal revision of Arrangement F.[^8] Under this agreement:

-   The countries will maintain the current allocation of 800 MHz
    primary spectrum between the U.S. and Canada set forth in
    Arrangement F, but recognize the necessity of making minor revisions
    to Arrangement F.

-   The U.S. will proceed with developing an 800 MHz rebanding band plan
    for U.S. border area licensees based on the current allocation of
    primary spectrum.

-   Upon finalization of the U.S. band plan and after the 800 MHz
    Transition Administrator issues frequency assignments to border area
    licensees, the U.S. and Canada will discuss minor revisions to
    Arrangement F.

-   These revisions will address: (1) whether to grandfather certain
    Canadian facilities authorized on U.S. primary spectrum under
    Specialized Coordination Procedures (SCP), and (2) how to avoid any
    adverse impact on Canadian radio operations that will support the
    2010 Winter Olympics in Vancouver, British Columbia.[^9]

5.  On November 1, 2007, the Bureau issued a *Further Notice of Proposed
    Rulemaking* (*FNPRM*) seeking comment on a reconfigured 800 MHz band
    plan for the U.S. -- Canada border.[^10] In the *FNPRM*, the Bureau
    sought comment on a region-by-region approach to reconfiguring the
    800 MHz band plan along the U.S. -- Canada border.[^11] The Bureau
    based its plan on a number of proposals received during the course
    of the 800 MHz rebanding proceeding.[^12] We received ten comments
    and eight reply comments in response to the *FNPRM.*[^13]

# DISCUSSION

6.  In the *FNPRM*, we sought comment on a number of global issues that
    affect all of the U.S. - Canada border regions[^14] and proposed
    specific reconfigured band plans for each of the eight border
    regions.[^15] We will address the global issues first and then
    discuss the specific band plans we adopt for each of the border
    regions.

## Band Plan Elements Applicable to All Border Regions

7.  As in the 800 MHz rebanding plan previously adopted for non-border
    areas, the band plans we adopt for the U.S. -- Canada border regions
    are designed to separate---to the greatest extent possible---public
    safety and other non-cellular licensees from licensees that employ
    cellular technology in the band. The band plans also ensure that all
    relocating licensees will receive comparable facilities as defined
    in prior Commission orders in this proceeding.[^16] Accordingly,
    each of the regional band plans adopted in this order contains the
    following elements:

-   Non-NPSPAC public safety systems in the 806-809/851-854 MHz portion
    of the band will relocate, to the extent feasible, to immediately
    adjacent U.S. primary spectrum above 809/854 MHz.[^17]

-   Non-NPSPAC public safety systems that cannot be relocated above the
    806-809/851-854 MHz band will remain in this segment but will be
    converted to operate with 12.5 kHz channel spacing.[^18]

-   NPSPAC systems currently on U.S. primary spectrum will move to the
    806-809/851-854 MHz band, so that they are assigned channels that
    are contiguous with new NPSPAC operations in non-border areas.[^19]

-   NPSPAC systems that currently operate on Canadian primary spectrum
    will relocate to the 806-809/851-854 MHz band to the extent feasible
    after all public safety licensees on U.S. primary spectrum have been
    accommodated. NPSPAC systems that cannot be relocated from Canada
    primary spectrum to U.S. primary spectrum will relocate to the
    lowest available Canadian primary spectrum and will continue to
    operate on a secondary basis to licensees in Canada.[^20]

-   Non-public safety (B/ILT and SMR) systems in the lowest block of
    U.S. primary spectrum will relocate to U.S. primary spectrum above
    the lowest block of Canadian primary spectrum. In this upper portion
    of the band, ESMR and non-ESMR systems (high-site B/ILT and SMR)
    will be separated rather than interleaved, but non-ESMR systems will
    have the option of remaining interleaved with ESMR under certain
    conditions. The dividing line between ESMR and non-ESMR spectrum
    will vary by region depending on the number of incumbent non-ESMR
    systems that must be accommodated.[^21]

-   The dividing line between Regions 2 and 3 will be revised to align
    with the Pennsylvania-Ohio border for the entire 800 MHz band.[^22]

-   At the conclusion of rebanding in each border region, if Sprint
    Nextel Corporation (Sprint) retains any spectrum in the non-ESMR
    portion of the band (as determined for that region) that has not
    been used for relocation of incumbent licensees, this spectrum will
    be made exclusively available to public safety entities for three
    years and to both public safety and critical infrastructure entities
    in the fourth and fifth years.[^23]

-   Sprint's licenses will be amended to include the former NPSPAC band
    (821-824/866-869 MHz), which will be designated for ESMR
    operation.[^24] Sprint will be able to operate throughout the border
    regions on U.S. primary channels in this band, and will be allowed
    to operate on Canadian primary channels subject to the Arrangement F
    limitations on signal strength at the border.

8.  In general, commenting parties supported the Bureau's band plan
    proposals.[^25] However, some commenters had concerns about
    particular issues that we address below in more detail.

### Non-NPSPAC Public Safety Systems in the 806-809/851-854 MHz Band.

9.  In the *FNPRM*, we proposed that in the Canadian border areas, the
    806-809/851-854 MHz block would be shared by non-NPSPAC public
    safety licensees that were originally licensed in the block and
    NPSPAC licensees relocating from the former NPSPAC block at
    821-824/866-869 MHz.[^26] Because non-NPSPAC public safety systems
    operate on channels with 25 kHz spacing, while NPSPAC systems
    operate on 12.5 kHz-spaced channels, we sought comment on
    alternatives for accommodating both NPSPAC and non-NPSPAC public
    safety systems in the same spectrum block.[^27] Our proposed channel
    plan for this portion of the band provided for a combination of 25
    kHz and 12.5 kHz spaced channels.[^28] We also asked whether special
    technical rules were needed to reduce the possibility of
    interference between NPSPAC and non-NPSPAC licensees, and whether we
    should permit non-NPSPAC licensees to operate on 12.5 kHz spaced
    channels if they satisfied the relevant emission mask
    requirements.[^29]

10. The overwhelming majority of commenters oppose non-uniform
    channelization of the 806-809/851-854 MHz band, and instead urge us
    to adopt a uniform band plan of 12.5 kHz-spaced channels for this
    block with the tighter emission masks applicable to NPSPAC
    channels.[^30] These commenters argue that a uniform band plan will
    improve spectrum efficiency, avoid the complexities caused by
    intermingling public safety licensees operating on differing channel
    plans with differing emission masks, and be more compatible with the
    NPSPAC channelization plan in adjacent non-border regions.[^31]
    Commenters suggest that non-NPSPAC licensees operating with 25 kHz
    channel spacing should either be relocated above the 806-809/851-854
    MHz block or should be converted to 12.5 kHz spacing.[^32]

11. Based on the comments received in response to our proposal, we have
    decided to create a uniform 12.5 kHz-spaced channel plan for the
    806-809/851-854 MHz block in the border regions. Although this will
    require more non-NPSPAC incumbents to reband or reconfigure their
    systems than would have been required under our original proposal,
    we are persuaded by the commenters that a uniform band plan is more
    spectrum-efficient and will better facilitate future coordination
    and interoperability among public safety systems that operate in
    this block. To facilitate implementation of this channel plan, we
    direct the 800 MHz Transition Administrator (TA) to relocate as many
    non-NPSPAC public safety systems as feasible from the
    806-809/851-854 MHz portion of the band to U.S. primary spectrum
    above 809/854 MHz but below the lowest block of Canada primary
    spectrum.[^33] These systems will retain 25 kHz spaced channels.
    When assigning replacement channels above 809/854 MHz to non-NPSPAC
    licensees, the TA should give priority to licensees that operate
    data systems requiring a wider emission mask.[^34] If insufficient
    spectrum exists to relocate all non-NPSPAC licensees in this manner,
    we direct the TA to provide non-NPSPAC licensees that remain in the
    806-809/851-854 MHz band with 12.5 kHz-spaced channels. Sprint will
    bear the reasonable cost of implementing these measures, including
    the cost of reconfiguring the equipment of non-NPSPAC licensees that
    remain in the 806-809/851-854 MHz band to comply with the band's new
    12.5 kHz spacing and emission mask requirements. In addition,
    licensees operating 25 kHz systems in the 806-809/851-854 MHz band
    may request waivers to continue to operate on a 25 kHz bandwidth
    basis provided they obtain the approval of the applicable NPSPAC
    Regional Planning Committee.

12. New York State expresses concern that adopting uniform 12.5 kHz
    channel spacing and tighter emission masks in the 806-809/851-854
    MHz band could reduce the signal coverage of non-NPSPAC facilities
    that previously operated with 25 kHz channel spacing.[^35] We
    believe that the comparable facilities standard addresses New York
    State's concern, because it entitles a rebanding licensee to
    post-rebanding facilities that provide comparable signal coverage to
    the licensee's pre-rebanding system.[^36] Consequently, we clarify
    that licensees that convert from 25 kHz to 12.5 kHz spacing are
    entitled to recover the reasonable cost of any technical adjustments
    needed to ensure that their systems will maintain the same signal
    coverage that existed prior to the conversion.[^37]

### NPSPAC Facilities on Canada Primary Channels

13. In the *FNPRM*, we sought comment on how to accommodate U.S. NPSPAC
    licensees that currently operate on a secondary basis to licensees
    in Canada in the Canadian primary portion of the NPSPAC band.[^38]
    We suggested placing these licensees on the lowest available Canada
    primary channels in the band.[^39] Many NPSPAC commenters, however,
    advocate relocating these facilities to U.S. primary spectrum,
    *i.e*., relocating them 15 megahertz downward to the 806-809/851-854
    MHz band, which is U.S. primary spectrum.[^40] These commenters note
    that many NPSPAC licensees in the border regions use both U.S.
    primary and Canada primary NPSPAC channels in their systems and
    operate seamlessly across the entire NPSPAC block despite the fact
    that some of their channels are on Canada primary spectrum.[^41]

14. We agree with commenters that uniformly relocating all border-area
    NPSPAC facilities to the 806-809/851-854 MHz band offers significant
    potential public interest benefits, including greater spectrum
    efficiency and improved ability to interoperate with NPSPAC systems
    outside the border area.[^42] However, rebanding of U.S. NPSPAC
    operations on Canadian primary channels must give way in priority to
    rebanding of facilities on U.S. primary spectrum. We therefore
    direct the TA to assign public safety channels in the following
    order of priority: First, as discussed in Section III.A.1 above, the
    TA shall reassign non-NPSPAC public safety systems, to the extent
    feasible, from the 806-809/851-854 MHz portion of the band to U.S.
    primary spectrum above 809/854 MHz, and shall assign 12.5 kHz
    channels to any non-NPSPAC licensee that remains in the
    806-809/851-854 MHz band. Second, the TA shall relocate U.S. primary
    NPSPAC facilities from their current channel assignments to channel
    assignments in the 806-809/851-854 MHz band. Third, to the extent
    additional channels remain available in the 806-809/851-854 MHz
    band, the TA will assign these to NPSPAC facilities currently
    operating on Canada primary channels. If there are insufficient U.S.
    primary channels to accommodate all NPSPAC facilities that operate
    on Canada primary channels, the TA will relocate the remaining
    facilities to the lowest available Canada primary channels, where
    they will continue to operate on a secondary basis to licensees in
    Canada. In this eventuality, we instruct the TA to work with the
    Regional Planning Committees to determine which NPSPAC facilities
    will relocate to U.S. primary channels and which facilities will
    relocate to Canada primary channels.

### Separation of Non-ESMR (High-Site B/ILT and SMR) and ESMR Systems

15. In the *FNPRM*, the Bureau sought to separate business and
    commercial non-ESMR (high-site B/ILT and SMR) from ESMR systems to
    the extent feasible, but noted that some continued interleaving of
    non-ESMR and ESMR systems might be necessary in Regions 1-6 due to
    the limited amount of available U.S. primary spectrum.[^43] The
    Bureau sought comment on the degree to which the new band plan
    should accommodate such interleaving, and whether other technical
    rules would be required to mitigate potential interference.[^44]

16. Most commenters oppose continued interleaving of non-ESMR and ESMR
    systems.[^45] For instance, Boeing states that the continued
    interleaving of incompatible systems would perpetuate the existing
    interference situation.[^46] Consumers Energy argues that allowing
    continued interleaving will subject it to increased risk of
    interference, and that in Region 3, Sprint should be relocated out
    of the 800 MHz band entirely and operate solely in the 900 MHz
    band.[^47] These commenters also contend that they should receive
    the same degree of interference protection from ESMR systems as
    non-border licensees.[^48] Sprint responds that it may not be
    possible to completely segregate non-ESMR and ESMR systems. Instead,
    Sprint calls for a more "flexible" approach in which non-ESMR
    licensees may elect to retune to lower channels if they are
    available after mandatory retuning of public safety has been
    completed.[^49] EWA contends that requiring non-ESMRs to reband to
    eliminate interleaving may cause loss of customers or resource
    burdens that outweigh the interference protection benefits.[^50]
    Sprint and EWA also contend that in order to reflect a continued
    interleaved environment, the Commission should maintain its interim
    interference protection rules in the Canada border regions on a
    permanent basis.[^51] Finally, Sprint rejects Consumers Energy's
    proposal that it relocate out of the 800 MHz band in Region 3.[^52]

17. We are persuaded by the comments that the border area band plan
    should provide for maximum feasible separation of ESMR and non-ESMR
    systems in order to minimize interleaving, but that non-ESMRs should
    have the option to remain on their existing channels subject to
    certain conditions. We also agree with commenters that the size of
    the EMSR and non-ESMR band segments in each region should be based
    on actual channel usage rather than pre-rebanding pool
    allocations.[^53] Consequently, in Regions 1 through 6, we direct
    the TA to separate non-ESMR from ESMR licensees by assigning
    non-ESMR licensees replacement channels in the lower portion of the
    upper block of U.S. primary spectrum below 821/866 MHz.[^54] Once
    all B/ILT and high site SMR licensees have been assigned replacement
    channels, the remaining U.S. primary channels in the higher portion
    of the band will be available for ESMR operations, subject to the
    limitations discussed below. Since the number of channels occupied
    by B/ILT and high site SMR licensees will vary from region to
    region, the dividing line between the ESMR and non-ESMR portions of
    the band will also vary by region.[^55]

18. Because of the limited amount of U.S. primary spectrum available in
    the Canadian border regions, we do not create an Expansion Band or
    Guard Band in Regions 1-6. However, upon completion of rebanding in
    each border region, licensees operating in the non-ESMR portion of
    the band (as determined by the TA) will be entitled to full
    interference protection from Sprint's ESMR operations under the same
    post-rebanding interference standard that applies outside the border
    regions.[^56] We do not adopt Sprint and EWA's proposal to retain
    the interim interference standard on a permanent basis throughout
    the Canadian border region. We agree with commenters that applying
    the full interference standard is key to alleviating the
    interference situation that necessitated rebanding in the first
    instance. The Commission only adopted the interim standard as a
    transitional measure---it did not contemplate that the interim
    standard would be made permanent in any region, even where spectrum
    capacity is limited.[^57] However, we decline to adopt Consumers
    Energy's proposal that Sprint be relocated out of the 800 MHz band
    in Region 3 or any other border region. We believe the steps we have
    taken above to protect non-ESMR systems from harmful interference
    are sufficient to address Consumers Energy's concerns regarding
    spectral separation.

19. We recognize that assigning replacement channels to non-ESMR
    licensees in the manner described above will reduce the potential
    separation between the upper and lower bounds of available
    frequencies in the non-ESMR pool, which may require some non-ESMR
    licensees to make use of more efficient combiners in order to
    compensate for decreased frequency separation. We note that where
    more efficient combiners are required for this reason, Sprint must
    pay the reasonable cost of such combiners under its obligation to
    provide relocating licensees with comparable facilities.[^58] We
    also will permit non-ESMR licensees in Regions 1-6 to voluntarily
    elect to maintain existing facilities on an interleaved basis in the
    ESMR portion of the band in order to avoid reduced channel
    separation, subject to Sprint's consent.[^59] Non-ESMR licensees
    that make this election will not be required to operate as ESMR
    systems, but because they are electing to operate in an interleaved
    environment, such elections will be conditioned on accepting a
    lesser degree of interference protection for their facilities
    operating in the ESMR band. For this limited purpose, we will
    permanently apply the -85 dBm/-88 dBm interference standard, not the
    full post-rebanding interference standard.[^60]

### B/ILT, High-Site SMR, and ESMR Operations on Canada Primary Channels

#### B/ILT and High-Site SMR Licensees

20. As discussed above, the current allocation of 800 MHz primary
    spectrum between the U.S. and Canada will remain unchanged. Thus,
    Canada will remain primary on half of the 800 MHz band channels in
    Regions 1, 4, 5, and 6. Canada will also continue to be primary on
    70 percent of the channels in Region 2 and 15 to 30 percent of the
    channels in Region 3 depending on the band segment. U.S. licensees
    may continue to be licensed on Canada primary channels, provided the
    maximum power flux density (PFD) per 25 kHz from their systems does
    not exceed -107 dB(W/m^2^) at or beyond the border.[^61]
    Accordingly, B/ILT and high-site SMR licensees that currently use
    Canada primary channels in Regions 1 through 6 may remain on these
    channels subject to the above PFD limits.

#### Sprint Operations Under Special Coordination Procedures

21. Under the band plan we adopt above, Sprint will be required to
    vacate all U.S. primary spectrum below the ESMR/non-ESMR dividing
    line in each border region. However, as we noted in the *FNPRM*,
    Sprint also operates on some Canada primary channels pursuant to
    Special Coordination Procedures (SCPs).[^62] This provides Sprint
    with additional spectrum capacity in the border areas and also
    facilitates cross-border roaming with TELUS, Sprint's roaming
    partner in Canada.[^63] In the *FNPRM*, the Bureau sought comment on
    whether Sprint should be permitted to remain on Canada primary
    spectrum below the ESMR/non-ESMR line under these SCP
    arrangements.[^64]

22. Sprint contends that it should be allowed to maintain its SCP
    operations on Canadian primary channels.[^65] Sprint states that it
    relies extensively on these channels to provide wireless services to
    its subscribers and to provide cross-border access to spectrum for
    TELUS.[^66] Region 33 opposes allowing Sprint to continue operating
    on any spectrum below 817/862 MHz, including Canadian primary
    spectrum.[^67] Region 33 contends that Sprint's continued use of
    Canada primary channels below 817/862 MHz in border Regions 3 and 4
    will impede the relocation of public safety users in those regions
    and result in a shortage of frequencies needed to accommodate
    existing U.S. incumbents.[^68] Other commenting regions and
    licensees state that they would not object to Sprint's continued
    operation in the Canadian primary portion of the band as long as
    full interference protection is provided to adjacent public safety
    and other non-ESMR operations.[^69] These commenters contend that if
    Sprint is allowed to remain in the Canadian primary band segment, it
    must reconfigure its channel use to create a guard band or similar
    buffer between its operations and those of non-ESMR systems. [^70]

23. We recognize that these Canada primary channels provide Sprint with
    important spectrum capacity and also facilitate cross-border roaming
    on the Sprint and TELUS networks.[^71] We also seek to ensure that
    Sprint's continued operation on Canada primary channels below the
    ESMR/non-ESMR line will not cause harmful interference to public
    safety, B/ILT, or high-site SMR licensees. Consequently, based on
    the record before us, we will permit Sprint to remain on Canada
    primary channels below the ESMR/non-EMSR line under the following
    conditions.

24. First, Sprint may remain on Canada primary channels pursuant to
    existing SCPs through the end of rebanding in each border region.
    This will enable Sprint to maintain spectrum capacity and existing
    cross-border roaming arrangements with TELUS while the transition is
    ongoing. During the rebanding process, Sprint must protect all
    public safety and other non-EMSR licensees from interference by such
    SCP operations under the interim interference standard.

25. Second, once rebanding is complete in any region, Sprint may operate
    under SCPs on Canada primary channels in the non-ESMR portion of the
    band subject to the following limitations. Sprint must provide full
    interference protection under the post-rebanding interference
    standard to all public safety and other non-ESMR systems operating
    on both U.S. primary and Canada primary spectrum.[^72] We agree with
    those parties who argue that in order to provide such interference
    protection, Sprint may need to amend its existing SCPs and
    reconfigure its use of Canadian primary channels in order to create
    guard bands or similar buffers between its operations and those of
    non-ESMR systems.[^73] In particular, because some NPSPAC public
    safety licensees may be relocated to Canada primary channels,[^74]
    we direct Sprint in each border region to maintain at least one MHz
    separation from the highest Canada primary channel used by public
    safety licensees in the region.[^75] We also require Sprint to
    pre-coordinate any new or modified operations on Canada primary
    spectrum.[^76]

### Mutual Aid Channels

26. In the *FNPRM*, we proposed to establish mutual aid channels in the
    new border area NPSPAC band to match the mutual aid channels in the
    new non-border NPSPAC band.[^77] We also proposed to maintain the
    existing cross-border mutual aid channels in the former NPSPAC band
    that are situated on U.S. primary spectrum so that they could
    continue to be used for mutual aid on the Canadian side of the
    border.[^78] Accordingly, we proposed that these existing channels
    be kept "clear and protected" from ESMR operations in the border
    regions.[^79] Commenting parties supported the establishment of new
    mutual aid channels[^80] and maintaining existing mutual aid
    channels as proposed,[^81] but Sprint sought clarification whether
    maintaining the existing channels would prevent it from using them
    for ESMR operations.[^82]

27. As proposed in the *FNPRM*, we establish new mutual aid channels
    with 25 kHz spacing in the new border area NPSPAC band plan to match
    the mutual aid channels in the non-border NPSPAC band plan. In
    addition, we will maintain the existing cross-border mutual aid
    channels in the former NPSPAC band that are situated on U.S. primary
    spectrum for continued mutual aid use on the Canadian side of the
    border.[^83] These channels will be designated as Canadian primary
    channels, so that Canadian public safety systems can continue using
    them on the Canadian side of the border for interoperability. We
    clarify, however, that Sprint may use these channels for ESMR
    operations in the U.S., so long as it protects Canadian primary use
    by not exceeding the applicable PFD limit (-107 dB(W/m^2^) per 25
    kHz) at or beyond the border.[^84]

### TELUS Operations on U.S. Primary Channels

28. In the *FNPRM*, we noted that the Commission had reached an
    agreement with Industry Canada on a process that enables the U.S. to
    proceed with rebanding in the border region.[^85] As part of this
    agreement, the U.S. and Canada will discuss whether certain TELUS
    facilities previously authorized on U.S. primary spectrum under SCP
    can be grandfathered.[^86] Several commenting parties expressed
    concern about the potential impact to U.S. licensees of
    grandfathering TELUS stations on U.S. primary spectrum.[^87] We
    emphasize that no decision has been made on whether any specific
    facilities should be grandfathered, and that any such discussion
    will take into account the need to avoid grandfathering any
    facilities that would have a negative impact on rebanded U.S.
    licensees. Once the TA has determined the replacement channel
    assignments for U.S. licensees in the border regions, only TELUS
    stations that would create no conflicts with rebanded U.S. licensees
    on those channels will be considered for grandfathering.

## Region-Specific Band Plans

29. We now discuss the final band plans we adopt for the individual
    border regions. As discussed in Section III.A., *supra*, we have
    made certain changes to all of these band plans that vary from the
    band plan proposals in the *FNPRM*.[^88] In all other respects, we
    have adopted each band plan as proposed.

### Regions 1, 4, 5, 6

30. We adopt a common post-reconfiguration band plan for Regions 1, 4,
    5, and 6 as set forth in Appendix C-1. The new NPSPAC band for these
    regions will match the new NPSPAC band outside the border regions,
    *i.e.*, it will consist of 230 channels in the 806-809/851-854 MHz
    portion of the band.[^89] In addition, we establish 30 public safety
    channels above the NPSPAC band in the 809-809.75/854-854.75 MHz
    portion of the band.[^90] Commenting parties supported this
    distribution of public safety spectrum in these regions.[^91]

31. We assign the block of U.S. primary channels at
    817.25-821/862.25-866 MHz to the General Category. As discussed in
    Section III.A.3, *supra*, non-ESMR licensees will occupy the lower
    portion of this block while ESMR licensees will occupy the upper
    portion of this block.[^92]

### Region 2

32. We adopt the post-reconfiguration band plan for Region 2 set forth
    in Appendix C-2. The NPSPAC band for this region will consist of 170
    U.S. primary channels in the 806-808.25/851-853.25 MHz portion of
    the band and 60 Canada primary channels in the 808.25-809
    MHz/853.25-854 MHz portion of the band. Public safety commenters
    from Region 2 generally support placing only public safety licensees
    in this band segment.[^93] U.S. primary channels in the
    818.75-821/863.75-866 MHz band segment will be classified as General
    Category and contain a mixture of B/ILT and SMR licensees. As with
    the regions discussed above, non-ESMR licensees will occupy the
    lower portion of the band segment and ESMR licensees will occupy the
    upper portion.

### Region 3

33. We adopt the post-reconfiguration band plan for Region 3 set forth
    in Appendix C-3. The NPSPAC band for this region matches the NPSPAC
    band outside the border regions and consists of 230 channels with
    12.5 kHz spacing (other than the five mutual aid channels) in the
    806-809/851-854 MHz portion of the band. We establish 90
    conventionally spaced (25 kHz) public safety channels above the
    NPSPAC band in the 809-811.25/854-856.25 MHz band segment. In
    addition, as we proposed in the *FNRPM*, we assign eight 25 kHz
    channels immediately above 815.75/860.75 MHz to the public safety
    pool. Commenting parties from Region 3 generally supported this
    distribution of public safety spectrum for this region.[^94]

34. Except for the eight public safety channels established above
    815.75/860.75 MHz, all U.S. primary channels in the
    815.75-821/860.75-866 MHz band segment will be assigned to the
    General Category. Non-ESMR licensees will occupy the lower portion
    of this band segment while ESMR licensees will occupy the upper
    portion.

### Regions 7 and 8

35. We adopt the post-reconfiguration band plans for Regions 7 and 8 set
    forth in Appendix C-4. In Regions 7 and 8, the U.S. has access to
    the entire 800 MHz band on a primary basis, subject to technical
    limits designed to limit the signal strength at the border.[^95] As
    we proposed in the *FNPRM*, we will divide Region 7 into Region 7A
    and Region 7B. Region 7B will consist of the portion of Region 7
    that is adjacent to Region 2. Region 7A will consist of the
    remainder of Region 7.[^96]

36. For Region 7A and Region 8, we adopt a band plan identical to the
    800 MHz non-border band plan. For Region 7B, as proposed in the
    *FNPRM*, we create a band plan that mirrors the non-border band
    plan, except that we establish additional public safety channels in
    the interleaved portion of the band and eliminate the Expansion
    Band. This slightly modified band plan for Region 7B will provide
    flexibility for relocating licensees in Region 2, where the U.S. is
    primary on only 30 percent of the channels. We agree with commenting
    parties from Region 2 who stressed the importance of establishing an
    alternative band plan for the portion of Region 7 adjacent to Region
    2 in order to allow licensees within Region 2 to complete band
    reconfiguration given the limited amount of primary spectrum in that
    region.[^97]

## Implementation Issues

37. In the *FNPRM*, we sought comment on the sequence and timing of
    rebanding activity in the Canadian border region once a final band
    plan is adopted and the 800 MHz Transition Administrator issues
    rebanding channel assignments to border area licensees.[^98] We
    anticipated that rebanding in the border region would proceed in
    stages similar to Stage 1 and Stage 2 in non-border areas, *i.e.*, a
    first stage consisting of clearing and relocation of lower-band
    incumbents from channels needed for NPSPAC relocation, and a second
    stage in which NPSPAC licensees relocate to their new channel
    assignments. We sought comment on this staged approach, the amount
    of time that should be allotted for each stage, and whether any
    adjustments to this approach would be needed due to the unique
    disposition of 800 MHz licensees in the border areas.[^99] We also
    sought comment on the sequence and timing of licensee planning
    activity, negotiations, and mediation of Frequency Reconfiguration
    Agreements (FRAs) between border area licensees and Sprint. In
    general, we proposed to establish expedited timelines for planning,
    negotiations, and mediation similar to those established in the
    Commission's September 2007 *Public Notice* for non-border
    licensees.[^100]

38. Most commenters support a 12-month period for licensees to complete
    planning, negotiation, and mediation, followed by an 18 to 24-month
    period for rebanding implementation.[^101] Sprint contends that
    Stage 1 implementation should be divided into two phases and will
    require a combined total of 18 to 24 months before Stage 2 can
    occur.[^102] As discussed below, we establish a 30-month transition
    period for completion of rebanding in the border area, inclusive of
    both planning/negotiation/mediation and implementation. The 30-month
    transition period will begin 60 days after the effective date of
    this order.

### Planning, Negotiation, and Mediation

39. Although commenters have suggested a 12-month planning, negotiation,
    and mediation period, we are not persuaded that this length of time
    is required for the planning and negotiation process. The Commission
    has encouraged Wave 4 border area licensees to proceed with
    non-frequency-specific planning activities in advance of a final
    agreement with Canada, and many Wave 4 licensees have already begun
    the planning process.[^103] In addition, as a result of experience
    gained in non-border area rebanding, the Commission and the TA have
    developed more efficient procedures for licensees to obtain planning
    funding, conduct planning and prepare cost estimates, and negotiate
    FRAs. As a result, we believe that border area licensees can
    complete the planning and negotiation process in considerably less
    than 12 months. Accordingly, based on the record before us, we adopt
    the following timelines for planning, negotiations, and mediation,
    consistent with the expedited timelines that the Commission
    established in the *September 2007* *Public Notice* for non-border
    licensees

40. First, we direct the TA to proceed as quickly as possible with the
    assignment of replacement frequencies to border area licensees in
    conformity with the requirements of this order.[^104] In addition,
    within 60 days of the effective date of this order, each border area
    licensee that intends to negotiate a Planning Funding Agreement
    (PFA) with Sprint must submit a Request for Planning Funding (RFPF)
    to Sprint, after which the parties will have 30 days to negotiate a
    PFA. Upon TA approval of the PFA (or an equivalent starting date
    designated by the TA for licensees without a PFA), the licensee must
    complete planning and submit a cost estimate to Sprint within 90 to
    110 days, depending on the number of units in the licensee's
    system.[^105] If the licensee has not received its replacement
    channel assignment by the TA approval date of its PFA, the 90 to 110
    day planning period will run from the date the licensee receives its
    replacement channel assignment. A licensee may request that PSHSB
    allow additional time for planning, but any such request must
    explain why more time is necessary as well as demonstrate that the
    licensee has exercised diligence in the time already allotted.[^106]

41. Following completion of planning and submission of a cost estimate
    to Sprint by the licensee, parties shall have 30 days to negotiate
    the FRA. Negotiations will be subject to monitoring by a TA
    mediator, but the mediator is not required to participate in
    negotiations. If the parties are unable to negotiate an FRA within
    30 days, the parties will participate in mediation for 20 days. The
    TA will refer any remaining disputed issues to PSHSB within 10 days
    of the close of the mediation period. In referring such disputes,
    the TA mediator shall provide a record summary to PSHSB, and shall
    provide a Recommended Resolution unless the Bureau notifies the
    mediator that a mediator recommendation is not required.[^107]

### Rebanding Implementation

42. Under the above timetable, the planning and negotiation process for
    licensees in the Canadian border region should take approximately
    seven to eight months, which leaves approximately 22 to 23 months
    for rebanding implementation under the 30-month transition timetable
    established by this order. We believe this amount of time is
    sufficient and consistent with the view of commenters that proposed
    an 18 to 24-month period for implementation. We further direct the
    TA, within 60 days of the effective date of this order, to develop a
    more detailed region-by-region timetable with sequential milestones
    for completion of each stage of the implementation process. This
    timetable should take into account both variations in border region
    band plans and the specific steps required in each border region to
    implement both Stage 1 relocation of lower-band licensees and Stage
    2 relocation of NPSPAC licensees. These elements are described in
    greater detail below.

43. The following band chart in Figure 1 represents the various band
    segments in Regions 1, 3, 4, 5 and 6. The actual frequencies
    denoting the boundaries between the blocks vary by region and are
    defined in Table 1 below.

Figure 1: Canadian Region Band Plan

Table 1 - Band Segments for Regions 1, 3, 4, 5 and 6

+-----------------------+-----------------------+-----------------------+
| Band Segment          | Regions 1, 4, 5 and 6 | Region 3              |
+-----------------------+-----------------------+-----------------------+
| A~1~                  | 806-807.5 MHz/        | 806-806.45 MHz/       |
|                       |                       |                       |
|                       | 851-852.5 MHz         | 851-851.45 MHz        |
|                       |                       |                       |
|                       | (Ch 1-114)            | (Ch 1-35)             |
+-----------------------+-----------------------+-----------------------+
| A~2~                  | 807.5-809 MHz/        | 806.45-809 MHz/       |
|                       |                       |                       |
|                       | 852.5-854 MHz         | 851.45-854 MHz        |
|                       |                       |                       |
|                       | (Ch 115-230)          | (Ch 36-230)           |
+-----------------------+-----------------------+-----------------------+
| A~3~                  | 809-809.75 MHz/       | 809-811.25 MHz/       |
|                       |                       |                       |
|                       | 854-854.75 MHz        | 854-856.25 MHz        |
|                       |                       |                       |
|                       | (Ch 231-260)          | (Ch 231-320)          |
|                       |                       |                       |
|                       |                       | 815.75-815.95 MHz/    |
|                       |                       |                       |
|                       |                       | 860.75-860.95 MHz     |
|                       |                       |                       |
|                       |                       | (Ch 501-508)          |
+-----------------------+-----------------------+-----------------------+
| B                     | 809.75-817.25 MHz/    | 811.25-815.75 MHz/    |
|                       |                       |                       |
|                       | 854.75-862.25 MHz     | 856.25-860.75 MHz     |
|                       |                       |                       |
|                       | (Ch 261-560)          | (Ch 321-500)          |
+-----------------------+-----------------------+-----------------------+
| C                     | 817.25-821 MHz/       | 815.95-821 MHz/       |
|                       |                       |                       |
|                       | 862.25-866 MHz        | 860.95-866 MHz        |
|                       |                       |                       |
|                       | (Ch 561-710)          | (Ch 509-710)          |
+-----------------------+-----------------------+-----------------------+
| D~1~                  | 821-822.5 MHz/        | 821-821.45 MHz/       |
|                       |                       |                       |
|                       | 866-867.5 MHz         | 866-866.45 MHz        |
|                       |                       |                       |
|                       | (Ch 711-770)          | (Ch 711-728)          |
+-----------------------+-----------------------+-----------------------+
| D~2~                  | 822.5-824 MHz/        | 821.45-824 MHz/       |
|                       |                       |                       |
|                       | 867.5-869 MHz         | 866.45-869 MHz        |
|                       |                       |                       |
|                       | (Ch 771-830)          | (Ch 729-830)          |
+-----------------------+-----------------------+-----------------------+

44. We envision that the sequence of band reconfiguration in Regions 1,
    3, 4, 5 and 6 will occur in the following steps. All of the
    relocations described below will occur through spectrum swaps
    between relocating 800 MHz licensees and Sprint:

    [Stage 1]{.underline}

-   B/ILT and high-site SMR incumbents relocate from the Lower US
    Primary Spectrum (Blocks A~1~, A~2~, and A~3~) to the Upper US
    Primary Spectrum (Block C).

-   Public Safety incumbents in Block A~2~ relocate to Block A~3.~ If
    Block A~3~ cannot accommodate all the Block A~2~ incumbents, then
    the remaining Block A~2~ incumbents will relocate to Block A~1~ and
    have their equipment reconfigured to accommodate a 12.5 kHz band
    plan.

-   Public Safety incumbents in Block A~1~ relocate to Block A~3.~ If
    Block A~3~ cannot accommodate all the Block A~1~ incumbents, then
    the remaining Block A~1~ incumbents will remain in Block A~1~ and
    have their equipment reflashed to accommodate a 12.5 kHz band plan.

-   Non-ESMR licensees in the upper portion of the Upper US Primary
    Spectrum (Block C) will relocate to the lower, non-ESMR, portion of
    Block C.

    [Stage 2]{.underline}

-   NPSPAC licensees in Block D~2~ relocate 15 MHz down to Block A~2.~

-   NPSPAC licensees in Block D~1~ relocate 15 MHz down to Block A~1~ If
    Block A~1~ cannot accommodate all the Block D~1~ incumbents, then
    the remaining Block D~1~ incumbents will relocate to Block B
    (starting from the bottom of Block B and moving upward).

45. The following band chart in Figure 2 represents the various band
    segments in Region 2. The actual frequencies denoting the boundaries
    between the blocks are defined in Table 2 below.

Figure 2: Canadian Region 2 Band Plan

Table 2 - Band Segments for Region 2

+-----------------------------------+-----------------------------------+
| Band Segment                      | Region 2                          |
+-----------------------------------+-----------------------------------+
| A                                 | 806-808.25 MHz/                   |
|                                   |                                   |
|                                   | 851-853.25 MHz                    |
|                                   |                                   |
|                                   | (Ch 1-170)                        |
+-----------------------------------+-----------------------------------+
| B                                 | 808.25-818.75 MHz/                |
|                                   |                                   |
|                                   | 853.25-863.75 MHz                 |
|                                   |                                   |
|                                   | (Ch 171-620)                      |
+-----------------------------------+-----------------------------------+
| C                                 | 818.75-821 MHz/                   |
|                                   |                                   |
|                                   | 863.75-866 MHz                    |
|                                   |                                   |
|                                   | (Ch 621-710)                      |
+-----------------------------------+-----------------------------------+
| D~1~                              | 821-823.1 MHz/                    |
|                                   |                                   |
|                                   | 866-868.1 MHz                     |
|                                   |                                   |
|                                   | (Ch 711-794)                      |
+-----------------------------------+-----------------------------------+
| D~2~                              | 823.1-824 MHz/                    |
|                                   |                                   |
|                                   | 868.1-869 MHz                     |
|                                   |                                   |
|                                   | (Ch 795-830)                      |
+-----------------------------------+-----------------------------------+

46. We envision the sequence of band reconfiguration in Region 2 will
    occur in the following steps. All of the relocations described below
    occur through spectrum swaps between relocating 800 MHz licensees
    and Sprint or assignment of available "white space" spectrum as may
    also be needed by the TA for replacement frequencies:

    [Stage 1]{.underline}

-   B/ILT incumbents will relocate from the Lower US Primary Spectrum
    (Blocks A) to the Upper US Primary Spectrum (Block C).

-   Public Safety incumbents in Block A will remain in Block A and have
    their equipment reflashed to accommodate a 12.5 kHz band plan.

-   Non-ESMR licensees in the upper portion of the Upper US Primary
    Spectrum (Block C) will relocate to the lower, non-ESMR, portion of
    Block C.

    [Stage 2]{.underline}

-   NPSPAC licensees in Block D~2~ are relocated to vacant channels in
    Block A. This will likely require repacking of the NPSPAC licensees.

-   NPSPAC licensees in Block D~1~ are relocated to vacant channels in
    Block A if any vacant channels are available. If Block A can not
    accommodate all the Block D~1~ incumbents, then the remaining Block
    D~1~ incumbents will relocate to Block B (starting from the bottom
    of Block B and moving upward).

47. We envision that band reconfiguration in Regions 7A, 7B and 8 will
    occur in a two-stage process similar to the process for non-border
    regions. We instruct the TA to coordinate the reconfiguration of
    Regions 7A, 7B, and 8 in a manner that will minimize conflict with
    the rebanding of incumbents in Canada Border Regions 1 through 6.

# PROCEDURAL MATTERS

48. **Report to Congress**. The Commission will send a copy of this
    *Second Report and Order* in a report to be sent to Congress and the
    Government Accountability Office pursuant to the Congressional
    Review Act.[^108]

49. **Paperwork Reduction Act Analysis**. 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 burden for small business concerns with fewer than 25
    employees," pursuant to the Small Business Paperwork Relief Act of
    2002, Public Law 107-198.[^109]

# ordering clauseS

50. 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 Second Report and Order IS ADOPTED.

51. IT IS FURTHER ORDERED that the amendments of the Commission's Rules
    set forth in Appendix D ARE ADOPTED, effective sixty days from the
    date of publication in the Federal Register.

52. IT IS FURTHER ORDERED that the Final Regulatory Flexibility required
    by Section 604 of the Regulatory Flexibility Act, 5 U.S.C. § 604,
    and as set forth in Appendix A herein is ADOPTED.

53. IT IS FURTHER ORDERED that the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this *Second Report and Order*, including the Final
    Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy
    of the Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Derek K. Poarch

Chief

Public Safety and Homeland Security Bureau

**APPENDIX A**

**Final Regulatory Flexibility Analysis**

1.  As required by the Regulatory Flexibility Act (RFA),[^110] an
    Initial Regulatory Flexibility Analysis (IRFA) was incorporated in
    the *Further Notice of Proposed Rulemaking* (*FNPRM*) in WT Docket
    02-55.[^111] The Commission sought written public comment on the
    proposals in the *FNPRM*, including comment on the IRFA.[^112] This
    Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

    A.  **Need for, and Objectives of, this Action**

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54. This *Second Report and Order* continues the Commission's efforts to
    reconfigure the 800 MHz band to eliminate an ongoing and growing
    problem of interference to public safety and other land mobile
    communications systems in the 800 MHz band. Specifically, in this
    order, the Commission's Public Safety and Homeland Security Bureau
    (Bureau) adopts post-rebanding band plans for the regions of the
    U.S. immediately adjacent to the U.S. -- Canada border. These
    post-rebanding band plans include region specific variations. The
    reconfiguration of the 800 MHz band in the U.S. -- Canada border
    regions is in the public interest because it will allow the
    Commission to eliminate interference in these regions to public
    safety and other land mobile communication systems. Interference is
    eliminated by separating---to the greatest extent possible---public
    safety and other non-cellular licensees from licensees that employ
    cellular technology in the 800 MHz band.

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B.  **Summary of Significant Issues Raised by Public Comments in
    Response to the IRFA**

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55. No parties have raised significant issues in response to the IRFA.

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C.  **Description and Estimate of the Number of Small Entities to Which
    the Proposed Rules Will Apply**

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56. The RFA directs agencies to provide a description of and, where
    feasible, an estimate of the number of small entities that may be
    affected by the proposed rules.[^113] The RFA generally defines the
    term "small entity" as having the same meaning as the terms "small
    business," "small organization," and "small governmental
    jurisdiction."[^114] In addition, the term "small business" has the
    same meaning as the term "small business concern" under the Small
    Business Act.[^115] A small business concern is one which: (1) is
    independently owned and operated; (2) is not dominant in its field
    of operation; and (3) satisfies any additional criteria established
    by the Small Business Administration (SBA).[^116]

57. Nationwide, there are a total of approximately 22.4 million small
    businesses, according to SBA data.[^117] A "small organization" is
    generally "any not-for-profit enterprise which is independently
    owned and operated and is not dominant in its field."[^118]
    Nationwide, as of 2002, there were approximately 1.6 million small
    organizations.[^119] The term "small governmental jurisdiction" is
    defined generally as "governments of cities, towns, townships,
    villages, school districts, or special districts, with a population
    of less than fifty thousand."[^120] Census Bureau data for 2002
    indicate that there were 87,525 local governmental jurisdictions in
    the United States.[^121] We estimate that, of this total, 84,377
    entities were "small governmental jurisdictions."[^122] Thus, we
    estimate that most governmental jurisdictions are small. Below, we
    further describe and estimate the number of small entities - -
    applicants and licensees - - that may be affected by our action.

58. *Wireless Telecommunications Carriers (except Satellite)*. Since
    2007, the Census Bureau has placed wireless firms within this new,
    broad, economic census category.[^123] Prior to that time, such
    firms were within the now-superseded categories of "Paging" and
    "Cellular and Other Wireless Telecommunications."[^124] Under the
    present and prior categories, the SBA has deemed a wireless business
    to be small if it has 1,500 or fewer employees.[^125] Because Census
    Bureau data are not yet available for the new category, we will
    estimate small business prevalence using the prior categories and
    associated data. For the category of Paging, data for 2002 show that
    there were 807 firms that operated for the entire year.[^126] Of
    this total, 804 firms had employment of 999 or fewer employees, and
    three firms had employment of 1,000 employees or more.[^127] For the
    category of Cellular and Other Wireless Telecommunications, data for
    2002 show that there were 1,397 firms that operated for the entire
    year.[^128] Of this total, 1,378 firms had employment of 999 or
    fewer employees, and 19 firms had employment of 1,000 employees or
    more.[^129] Thus, we estimate that the majority of wireless firms
    are small.

59. *Public Safety Radio Licensees.* Public safety licensees who operate
    800 MHz systems in the U.S. -- Canada border region will be required
    to relocate their station facilities according to the post-rebanding
    plans listed in this *Second Report and Order*.[^130] As indicated
    above, all governmental entities with populations of less than
    50,000 fall within the definition of a small entity.[^131]

60. *Business, I/LT, and SMR licensees.* Business and Industrial Land
    Transportation (B/ILT) and Special Mobile Radio (SMR) licensees who
    operate 800 MHz systems in the U.S. -- Canada border region will be
    required to relocate their station facilities according to the band
    plans proposed in this *Second Report and Order*. Neither the
    Commission nor the SBA has developed a definition of small
    businesses directed specifically toward these licensees. Therefore
    we will use the SBA size standard for wireless firms, *supra*, and
    incorporate that analysis by reference here.

61. Also, Sprint Nextel Corporation (Sprint) will be affected by the
    post-rebanding band plans in this *Second Report and Order* but it
    is not a small carrier.

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D.  **Description of Projected Reporting, Recordkeeping, and Other
    Compliance Requirements**

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62. We adopt no new reporting, recordkeeping or other compliance
    requirements in this *Second Report and Order*. As noted in Section
    B of the *Second Report and Order*, *supra*, public safety, B/ILT,
    SMR licensees and wireless service providers who operate 800 MHz
    systems in the U.S. -- Canada border region will be required to
    relocate their station facilities according to the post-rebanding
    band plans specified in this *Second Report and Order*. Also, Sprint
    Corporation will pay the cost of relocating incumbent licensees.

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E.  **Steps Taken to Minimize Significant Economic Impact on Small
    Entities, and Significant Alternatives Considered**

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63. The RFA requires an agency to describe any significant, specifically
    small business alternatives that it has considered in reaching its
    proposed approach, which may include the following four alternatives
    (among others): "(1) the establishment of differing compliance or
    reporting requirements or timetables that take into account the
    resources available to small entities; (2) the clarification,
    consolidation, or simplification of compliance or reporting
    requirements under the rule for small entities; (3) the use of
    performance, rather than design, standards; and (4) and exemption
    from coverage of the rule, or any part thereof, for small
    entities."[^132]

64. [Non-NPSPAC Public Safety Systems in the 806-809/851-854 MHz
    Band.]{.underline} In the *FNPRM*, we proposed that in the border
    areas, the 806-809/851-854 MHz block would be shared by non-NPSPAC
    public safety licensees that were originally licensed in the block
    and NPSPAC licensees relocating from the former NPSPAC block at
    821-824/866-869 MHz. Because non-NPSPAC public safety systems
    operate on channels with 25 kHz spacing, while NPSPAC systems
    operate on 12.5 kHz-spaced channels, we sought comment on
    alternatives for accommodating both NPSPAC and non-NPSPAC public
    safety systems in the same spectrum block. Our proposed channel plan
    for this portion of the band provided for a combination of 25 kHz
    and 12.5 kHz spaced channels. The overwhelming majority of
    commenters in the record oppose non-uniform channelization of the
    806-809/851-854 MHz band, and instead urge us to adopt a uniform
    band plan of 12.5 kHz-spaced channels for this block with the
    tighter emission masks applicable to NPSPAC channels. These
    commenters argue that a uniform band plan would improve spectrum
    efficiency, avoid the complexities caused by intermingling public
    safety licensees operating on differing channel plans with differing
    emission masks, and would be more compatible with the NPSPAC
    channelization plan in adjacent non-border regions. Commenters
    suggest that non-NPSPAC licensees operating with 25 kHz channel
    spacing should either be relocated above the 806-809/851-854 MHz
    bloc or should be converted to 12.5 kHz spacing.

65. Based on the comments received in response to our proposal, we have
    decided to create a uniform 12.5 kHz-spaced channel plan for the
    806-809/851-854 MHz block in the border regions. Thus, public safety
    licensees will benefit from the increased spectrum efficiency
    created by a uniform channel plan for this portion of the band.
    Furthermore, Sprint will bear the cost of any changes needed to
    accommodate public safety licensees with equipment capable of
    operating according to the channel plan for the 806-809/851-854 MHz
    portion of the band.

66. [NPSPAC Facilities on Canada Primary Channels]{.underline}. In the
    *FNPRM*, we sought comment on how to accommodate U.S. NPSPAC
    licensees that currently operate on a secondary basis to licensees
    in Canada in the Canadian primary portion of the NPSPAC band. We
    suggested placing these licensees on the lowest available Canada
    primary channels in the band. Many NPSPAC commenters, however,
    advocate relocating these facilities to U.S. primary spectrum, i.e.,
    relocating them 15 megahertz downward to the 806-809/851-854 MHz
    band, which is U.S. primary spectrum. These commenters note that
    many NPSPAC licensees in the border regions use both U.S. primary
    and Canada primary NPSPAC channels in their systems and operate
    seamlessly across the entire NPSPAC block despite the fact that some
    of their channels are on Canada primary spectrum. Consequently, we
    have instructed the Transition Administer (TA) to accommodate these
    systems on U.S. primary spectrum in the 806-809/851-854 MHz portion
    of the band whenever possible. Relocating these systems to U.S.
    primary spectrum in the 806-809/851-854 MHz portion of the band will
    provide border area public safety NPSPAC licensees with the
    capability to interoperate with public safety NPSPAC licensees
    outside the border area. In addition, Sprint will bear the cost of
    relocating these systems.

67. [Separation of Non-ESMR (High-Site B/ILT and SMR) and ESMR
    Systems]{.underline}. In the FNPRM, we sought to separate non ESMR
    (high-site B/ILT and SMR) from ESMR systems to the extent feasible,
    but noted that some continued interleaving of non-ESMR and ESMR
    systems might be necessary in the border regions (Regions 1-6) due
    to the limited amount of available U.S. primary spectrum. We sought
    comment on the degree to which the new band plan should accommodate
    such interleaving, and whether other technical rules would be
    required to mitigate potential interference. Commenters
    overwhelmingly oppose continued interleaving of B/ILT and high site
    SMR systems with ESMR systems. Consequently, we have instructed the
    Transition Administrator to assign replacement channels to B/ILT and
    high-site SMR licensees in Canada Border Regions 1 through 6 in a
    manner which separates these licensees from ESMR systems. B/ILT and
    high-site SMR licensees will benefit from our decision because these
    licensees will be subject to less interference then if they remained
    interleaved with ESMR systems. In making this decision, we have
    reminded Sprint of its obligation to provide all relocating
    licensees with comparable facilities including B/ILT and high site
    SMR licensees in the Canada border even if this means replacing some
    combiners in order to compensate for the decreased frequency
    separation between channels for these licensees.

68. [B/ILT, High-Site SMR and ESMR Operations on Canada Primary
    Channels]{.underline}. U.S. licensees may continue to be licensed on
    Canada primary channels, provided the maximum power flux density
    (PFD) per 25 kHz from their systems does not exceed -107 dB(W/m2) at
    or beyond the border. Accordingly, B/ILT and high-site SMR licensees
    that currently use Canada primary channels in Regions 1 through 6
    may remain on these channels subject to the above PFD limits. B/ILT
    and high-site SMR licensees will benefit from our decision here
    because these licensees will continue to have access to Canada
    primary spectrum along the border.

69. In the *FNPRM*, we also sought comment on whether Sprint should be
    permitted to remain on Canada primary spectrum below 817/862 MHz.
    Sprint states that it extensively relies on these channels to
    provide wireless services to its subscribers and to provide access
    to spectrum for its roaming partner in Canada TELUS. Other
    commenting parties state that they would not object to Sprint's
    continued operation in the Canadian primary portion below 817/862
    MHz as long as full interference protection is provided to adjacent
    non-ESMR operations. We will permit Sprint to remain grandfathered
    on these channels in the non-ESMR portion of the band as long as
    they provide full interference protection to all non-ESMR licensees.
    Public safety, B/ILT and high-site SMR licensees will benefit from
    our decision because they will be eligible for interference
    protection from these grandfathered facilities.

70. [Mutual Aid Channels]{.underline}. As proposed in the *FNPRM*, we
    establish new mutual aid channels with 25 kHz spacing in the new
    border area NPSPAC band plan to match the mutual aid channels in the
    non-border NPSPAC band plan. Public safety licensees in the Canada
    border will benefit from this decision because they will be able to
    interoperate with public safety licensees outside the Canada border
    region.

71. [TELUS Operations on U.S. Primary Channels]{.underline}. In the
    *FNPRM*, we noted that Commission had reached an agreement with
    Industry Canada on a process that enables the U.S. to proceed with
    rebanding in the border region. As part of this agreement, we noted
    that the U.S. and Canada will discuss whether certain Canadian
    facilities authorized on U.S. primary spectrum under SCP can be
    grandfathered. Several commenting parties expressed concern about
    the impact to U.S. licensees from grandfathering stations in Canada
    on U.S. primary spectrum. Therefore, in this *Second Report and
    Order*, we clarify that once the TA has assigned replacement
    channels to all U.S. licensees, we will examine whether certain
    TELUS facilities operating today on U.S. primary spectrum under SCP
    can be grandfathered without negatively impacting U.S. licensees.
    Only those TELUS stations which would create no conflicts with
    reconfigured U.S. licensees will be considered for grandfathering.
    Consequently, the grandfathering of TELUS stations on U.S. primary
    spectrum will have no negative impact on public safety, B/ILT or
    high-site SMR licensees.

72. [Region-Specific Band Plans]{.underline}. In the *FNPRM*, we sought
    comment on region specific band plans for reconfiguring the 800 MHz
    band in the Canada Border in order to eliminate an ongoing and
    growing problem of interference to public safety and other land
    mobile communications systems in this band. Commenting parties
    generally supported our band plan proposals. Consequently, in this
    *Second Report and Order*, we adopt reconfigured band plans for
    licensees in the 800 MHz band along the U.S. -- Canada border. Under
    these band plans, public safety systems will relocate to U.S.
    primary spectrum in the lower portion of the band. Commenting
    parties supported relocating public safety systems to the lowest
    portion of the band to maximize the spectral separation between
    public safety and ESMR systems. In addition, B/ILT, high-site SMR
    and ESMR systems will relocate higher in the band on U.S. primary
    spectrum above 815/860 MHz. These band plans contain certain
    region-specific variations. Because the reconfiguration of the 800
    MHz band in the U.S. -- Canada border regions seeks to eliminate
    interference to public safety, B/ILT and high-site SMR licensees,
    these band plans will minimize the cost that these licensees would
    otherwise incur to resolve interference. Further, Sprint will pay
    the cost of relocating incumbent licensees.

73. [Planning, Negotiation, and Mediation]{.underline}. In the *FNPRM*,
    we proposed establishing expedited timelines for planning,
    negotiations, and mediation similar to those established in the
    Commission's September 2007 Public Notice for non-border licensees.
    While some commenters supported a 12 month planning period, we are
    not persuaded that rebanding in the Border areas requires such a
    lengthy period that could unduly delay rebanding implementation. We
    establish planning limits of 90, 100, and 110 days which correspond
    to the number of units in a licensee's system. We also establish a
    process under which licensees may request additional planning time.
    With regard to negotiation and mediation, we establish a 30 day
    period for licensees to negotiate Frequency Reconfiguration
    Agreements with Sprint and if necessary a 20 day period within which
    licensees and Sprint may mediate unresolved issues. If licensees are
    unable to resolve issues with Sprint after the 20 day mediation
    period, then the 800 MHz Transition Administrator shall transmit
    such matters to the Public Safety and Homeland Security Bureau for
    review within 10 days after the end of the mediation period. Sprint,
    however, bears the costs of band reconfiguration.

74. [Rebanding Implementation]{.underline}. In the *FNPRM*, we sought
    comment on the sequence and timing of rebanding activity in the
    Canadian border region once a final band plan is adopted and the 800
    MHz Transition Administrator issues replacement channel assignments
    to border area licensees. In this *Second Report and Order*, we
    envision the sequence of band reconfiguration in all Regions will
    occur in two-stage process that will take into account regional
    variations. All of the relocations will occur through spectrum swaps
    with Sprint and Sprint will bear the costs of reconfiguration.

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F.  **Report to Congress**

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```
75. The Commission will send a copy of the *Second Report and* *Order*,
    including this FRFA, in a report to be sent to Congress and the
    Government Accountability Office pursuant to the SBREFA.[^133] In
    addition, the Commission will send a copy of the *Second Report and*
    *Order*, including the FRFA, to the Chief Counsel for Advocacy of
    the SBA. A copy of the *Second Report and* *Order* and the FRFA (or
    summaries thereof) will also be published in the Federal
    Register.[^134]

**APPENDIX B**

![](media/image1.png){width="6.496527777777778in"
height="4.430555555555555in"}

**APPENDIX C-1**

**Pre-Rebanding Band Plan -- Canadian Border Regions 1, 4, 5 and 6**

Mobile Transmit Frequencies (in MHz)

806 809.75 817.25 821 824

  ------ ----------- ------------------------ -------------- ---- ---- -----
  700                                                                  
  MHz                                                                  
  Band                                                                 

  ------ ----------- ------------------------ -------------- ---- ---- -----

851 854.75 862.25 866 869

Base Station Transmit Frequencies (in MHz)

**Post Rebanding Band Plan -- Canadian Border Regions 1, 4, 5 and 6**

Mobile Transmit Frequencies (in MHz)

806 809.75 817.25 821 824

  ------ ---------- -- ------------------------- -------------- --- ---- -----
  700                                                                    
  MHz                                                                    
  Band                                                                   

  ------ ---------- -- ------------------------- -------------- --- ---- -----

851 854.75 862.25 866 869

Base Station Transmit Frequencies (in MHz)

**APPENDIX C-2**

**Pre-Rebanding Band Plan -- Canadian Border Region 2**

Mobile Transmit Frequencies (in MHz)

806 808.25 818.75 821 824

  ------ ------- ----------------------------------- ------- ------ -- -----
  700                                                                  
  MHz                                                                  
  Band                                                                 

  ------ ------- ----------------------------------- ------- ------ -- -----

851 853.25 863.75 866 869

Base Station Transmit Frequencies (in MHz)

**Post Rebanding Band Plan -- Canadian Border Region 2**

Mobile Transmit Frequencies (in MHz)

806 808.25 818.75 821 824

  ------ ------- -- --------------------------------- ------- ------ -- -----
  700                                                                   
  MHz                                                                   
  Band                                                                  

  ------ ------- -- --------------------------------- ------- ------ -- -----

851 853.25 863.75 866 869

Base Station Transmit Frequencies (in MHz)

**APPENDIX C-3**

**Pre-Rebanding Band Plan -- Canadian Border Region 3**

Mobile Transmit Frequencies (in MHz)

806 811.25 815.75 821 824

  ------ -------------------- -------------- ---------------- -- ------ -----
  700                                                                   
  MHz                                                                   
  Band                                                                  

  ------ -------------------- -------------- ---------------- -- ------ -----

851 856.25 860.75 866 869

Base Station Transmit Frequencies (in MHz)

**Post Rebanding Band Plan -- Canadian Border Region 3**

Mobile Transmit Frequencies (in MHz)

806 811.25 815.75 821 824

  ------ ---------- --------- -------------- ---------------- -- ------ -----
  700                                                                   
  MHz                                                                   
  Band                                                                  

  ------ ---------- --------- -------------- ---------------- -- ------ -----

851 856.25 860.75 866 869

Base Station Transmit Frequencies (in MHz)

**APPENDIX C-4 (cont.)**

**Current Band Plan -- Canadian Border Region 7**

Mobile Transmit Frequencies (in MHz)

806 811 816 821 824

  ------ ----------------- ----------------- ----------------- -------- -----
  700                                                                   
  MHz                                                                   
  Band                                                                  

  ------ ----------------- ----------------- ----------------- -------- -----

851 856 861 866 869

Base Station Transmit Frequencies (in MHz)

**Post Rebanding Band Plan -- Canadian Border Region 7A (Not Adjacent to
Region 2)**

Mobile Transmit Frequencies (in MHz)

806 809 815 816 817 824

  ------ ---------- --------------------- --- --- --------------------- -----
  700                                                                   
  MHz                                                                   
  Band                                                                  

  ------ ---------- --------------------- --- --- --------------------- -----

851 854 860 861 862 869

Base Station Transmit Frequencies (in MHz)

**APPENDIX C-4 (cont.)**

**Post Rebanding Band Plan -- Canadian Border Region 7B (Adjacent to
Region 2)**

Mobile Transmit Frequencies (in MHz)

806 809 816 817 824

  ------ ---------- ------------------------ --- --------------------- -----
  700                                                                  
  MHz                                                                  
  Band                                                                 

  ------ ---------- ------------------------ --- --------------------- -----

851 854 861 862 869

Base Station Transmit Frequencies (in MHz)

**APPENDIX C-4 (cont.)**

**Current Band Plan -- Canadian Border Region 8**

Mobile Transmit Frequencies (in MHz)

806 811 816 821 824

  ------ ----------------- ----------------- ----------------- -------- -----
  700                                                                   
  MHz                                                                   
  Band                                                                  

  ------ ----------------- ----------------- ----------------- -------- -----

851 856 861 866 869

Base Station Transmit Frequencies (in MHz)

**Proposed Band Plan -- Canadian Border Region 8**

Mobile Transmit Frequencies (in MHz)

806 809 815 816 817 824

  ------ ---------- --------------------- --- --- --------------------- -----
  700                                                                   
  MHz                                                                   
  Band                                                                  

  ------ ---------- --------------------- --- --- --------------------- -----

851 854 860 861 862 869

Base Station Transmit Frequencies (in MHz)

**APPENDIX D**

**FINAL RULES**

**PART 90 -- PRIVATE LAND MOBILE RADIO SERVICES**

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).**

Section 90.619(c) is modified to read as follows:

> **§ 90.619 Operations within the U.S./Mexico and U.S./Canada border
> areas.**
>
> \* \* \* \* \*
>
> \(c\) *Use of 800 MHz Band in Canada Border Region*. All operations in
> the 806--824/851--869 MHz band within 140 km (87 miles) of the
> U.S./Canada border ("U.S./Canada border area") shall be in accordance
> with international agreements between the U.S. and Canada.
>
> \(1\) The U.S./Canada border area is divided into the following
> geographical regions ("Canada Border Regions"). U.S. primary channels
> are shown in the table by region. The remaining channels are primary
> to Canada ("Canada Primary channels").
>
> TABLE C1 -- GEOGRAPHICAL REGIONS

  ---------- ------------------------------------ --------------------------
  Region     Location (longitude)                 U.S. Primary Channels

  1......    66° W -- 71° W (0 -- 100 km from     1-260, 561-710, 772-790
             border)                              and 792-830

  2......    71° W -- 80° 30' W (0 -- 100 km from 1-170, 621-710 and 795-830
             border)                              

  3......    80° 30' W -- 85° W (0 -- 100 km from 1-320, 501-710, 729-730,
             border)                              732-750, 752-770, 772-790
                                                  and 792-830

  4......    85° W -- 121° 30' W (0 -- 100 km     1-260, 561-710, 772-790
             from border)                         and 792-830

  5......    121° 30' W -- 127° W (0 -- 140 km    1-260, 561-710, 772-790
             from border)                         and 792-830

  6...\...   127° W -- 143° W (0 -- 100 km from   1-260, 561-710, 772-790
             border)                              and 792-830

  7A......   66° W -- 71° W (100 -- 140 km from   1-830
             border)                              

  7A...      80° 30' W -- 121° 30' W (100 -- 140  1-830
             km from border)                      

  7B...      71° W -- 80° 30' W (100 -- 140 km    1-830
             from border)                         

  8.....     127° W -- 143° W (100 -- 140 km from 1-830
             border)                              
  ---------- ------------------------------------ --------------------------

\(2\) Stations authorized on U.S. primary channels in all Canada Border
Regions, except Region 5, will be subject to the Effective Radiated
Power (ERP) and Effective Antenna Height (EAH) limitations listed in
Tables C2. The Effective Antenna Height is calculated by subtracting the
Assumed Average Terrain Elevation (AATE) listed in Table C3 from the
antenna height above mean sea level.

TABLE C2 -- LIMITS OF EFFECTIVE RADIATED POWER (ERP) CORRESPONDING TO
EFFECTIVE ANTENNA HEIGHTS (EAH) FOR REGIONS 1, 2, 3, 4, 6, 7 AND 8

+---------+---+---------+---------+---+---------+----------------------+
| Ef      |   |         |         |   |         | ERP                  |
| fective |   |         |         |   |         |                      |
| Antenna |   |         |         |   |         | Watts                |
| Height  |   |         |         |   |         |                      |
| (EAH)   |   |         |         |   |         | (Maximum)            |
+---------+---+---------+---------+---+---------+----------------------+
| Metres  |   |         | Feet    |   |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 0       | \ | 152     | 0       | \ | 500     | 500                  |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 153     | \ | 305     | 501     | \ | 1000    | 125                  |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 306     | \ | 457     | 1001    | \ | 1500    | 40                   |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 458     | \ | 609     | 1501    | \ | 2000    | 20                   |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 610     | \ | 914     | 2001    | \ | 3000    | 10                   |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 915     | \ | 1066    | 3001    | \ | 3500    | 6                    |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| Above   |   |         | Above   |   |         | 5                    |
| 1067    |   |         | 3501    |   |         |                      |
+---------+---+---------+---------+---+---------+----------------------+

TABLE C3 -- ASSUMED AVERAGE TERRAIN ELEVATION (AATE) ALONG THE U.S. --
CANADA BORDER

<table>
<colgroup>
<col style="width: 10%" />
<col style="width: 3%" />
<col style="width: 10%" />
<col style="width: 10%" />
<col style="width: 3%" />
<col style="width: 12%" />
<col style="width: 11%" />
<col style="width: 11%" />
<col style="width: 11%" />
<col style="width: 11%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="3" rowspan="3"><p>Longitude (φ)</p>
<p>(West)</p></td>
<td colspan="3" rowspan="3"><p>Latitude (Ω)</p>
<p>(North)</p></td>
<td colspan="4">Assumed Average Terrain Elevation</td>
</tr>
<tr class="even">
<td colspan="2">United States</td>
<td colspan="2">Canada</td>
</tr>
<tr class="odd">
<td>Feet</td>
<td>Metres</td>
<td>Feet</td>
<td>Metres</td>
</tr>
<tr class="even">
<td>65 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 69</td>
<td></td>
<td>Ω</td>
<td>&lt; 45</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
</tr>
<tr class="odd">
<td></td>
<td>"</td>
<td></td>
<td>45 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 46</td>
<td>300</td>
<td>91</td>
<td>300</td>
<td>91</td>
</tr>
<tr class="even">
<td></td>
<td>"</td>
<td></td>
<td></td>
<td>Ω</td>
<td><u>&gt;</u> 46</td>
<td>1000</td>
<td>305</td>
<td>1000</td>
<td>305</td>
</tr>
<tr class="odd">
<td>69 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 73</td>
<td colspan="3">All</td>
<td>2000</td>
<td>609</td>
<td>1000</td>
<td>305</td>
</tr>
<tr class="even">
<td>73 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 74</td>
<td></td>
<td>"</td>
<td></td>
<td>500</td>
<td>152</td>
<td>500</td>
<td>152</td>
</tr>
<tr class="odd">
<td>74 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 78</td>
<td></td>
<td>"</td>
<td></td>
<td>250</td>
<td>76</td>
<td>250</td>
<td>76</td>
</tr>
<tr class="even">
<td>78 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 80</td>
<td></td>
<td>Ω</td>
<td>&lt; 43</td>
<td>250</td>
<td>76</td>
<td>250</td>
<td>76</td>
</tr>
<tr class="odd">
<td></td>
<td>"</td>
<td></td>
<td></td>
<td>Ω</td>
<td><u>&gt;</u> 43</td>
<td>500</td>
<td>152</td>
<td>500</td>
<td>152</td>
</tr>
<tr class="even">
<td>80 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 90</td>
<td colspan="3">All</td>
<td>600</td>
<td>183</td>
<td>600</td>
<td>183</td>
</tr>
<tr class="odd">
<td>90 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 98</td>
<td></td>
<td>"</td>
<td></td>
<td>1000</td>
<td>305</td>
<td>1000</td>
<td>305</td>
</tr>
<tr class="even">
<td>98 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 102</td>
<td></td>
<td>"</td>
<td></td>
<td>1500</td>
<td>457</td>
<td>1500</td>
<td>457</td>
</tr>
<tr class="odd">
<td>102 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 108</td>
<td></td>
<td>"</td>
<td></td>
<td>2500</td>
<td>762</td>
<td>2500</td>
<td>762</td>
</tr>
<tr class="even">
<td>108 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 111</td>
<td></td>
<td>"</td>
<td></td>
<td>3500</td>
<td>1066</td>
<td>3500</td>
<td>1066</td>
</tr>
<tr class="odd">
<td>111 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 113</td>
<td></td>
<td>"</td>
<td></td>
<td>4000</td>
<td>1219</td>
<td>3500</td>
<td>1066</td>
</tr>
<tr class="even">
<td>113 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 114</td>
<td></td>
<td>"</td>
<td></td>
<td>5000</td>
<td>1524</td>
<td>4000</td>
<td>1219</td>
</tr>
<tr class="odd">
<td>114 <u>&lt;</u></td>
<td>Φ</td>
<td>&lt; 121.5</td>
<td></td>
<td>"</td>
<td></td>
<td>3000</td>
<td>914</td>
<td>3000</td>
<td>914</td>
</tr>
<tr class="even">
<td>121.5 <u>&lt;</u></td>
<td>Φ</td>
<td>127</td>
<td></td>
<td>"</td>
<td></td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
</tr>
<tr class="odd">
<td></td>
<td>Φ</td>
<td><u>&gt;</u> 127</td>
<td>54 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 56</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
</tr>
<tr class="even">
<td></td>
<td>"</td>
<td></td>
<td>56 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 58</td>
<td>500</td>
<td>152</td>
<td>1500</td>
<td>457</td>
</tr>
<tr class="odd">
<td></td>
<td>"</td>
<td></td>
<td>58 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 60</td>
<td>0</td>
<td>0</td>
<td>2000</td>
<td>609</td>
</tr>
<tr class="even">
<td></td>
<td>"</td>
<td></td>
<td>60 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 62</td>
<td>4000</td>
<td>1219</td>
<td>2500</td>
<td>762</td>
</tr>
<tr class="odd">
<td></td>
<td>"</td>
<td></td>
<td>62 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 64</td>
<td>1600</td>
<td>488</td>
<td>1600</td>
<td>488</td>
</tr>
<tr class="even">
<td></td>
<td>"</td>
<td></td>
<td>64 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 66</td>
<td>1000</td>
<td>305</td>
<td>2000</td>
<td>609</td>
</tr>
<tr class="odd">
<td></td>
<td>"</td>
<td></td>
<td>66 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 68</td>
<td>750</td>
<td>228</td>
<td>750</td>
<td>228</td>
</tr>
<tr class="even">
<td></td>
<td>"</td>
<td></td>
<td>68 <u>&lt;</u></td>
<td>Ω</td>
<td>&lt; 69.5</td>
<td>1500</td>
<td>457</td>
<td>500</td>
<td>152</td>
</tr>
<tr class="odd">
<td></td>
<td>"</td>
<td></td>
<td></td>
<td>Ω</td>
<td><u>&gt;</u> 69.5</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
</tr>
</tbody>
</table>

\(3\) Stations authorized on U.S. primary channels in Canada Border
Region 5 will be subject to the Effective Radiated Power (ERP) and
Antenna Height Above Mean Sea Level limitations listed in Tables C4

TABLE C4 -- LIMITS OF EFFECTIVE RADIATED POWER (ERP) CORRESPONDING TO
ANTENNA HEIGHT ABOVE MEAN SEA LEVEL FOR REGION 5

+---------+---+---------+---------+---+---------+----------------------+
| Antenna |   |         |         |   |         | ERP                  |
| Height  |   |         |         |   |         |                      |
| Above   |   |         |         |   |         | Watts                |
| Mean    |   |         |         |   |         |                      |
| Sea     |   |         |         |   |         | (Maximum)            |
| Level   |   |         |         |   |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| Metres  |   |         | Feet    |   |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 0       | \ | 503     | 0       | \ | 1650    | 500                  |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 504     | \ | 609     | 1651    | \ | 2000    | 350                  |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 610     | \ | 762     | 2001    | \ | 2500    | 200                  |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 763     | \ | 914     | 2501    | \ | 3000    | 140                  |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 915     | \ | 1066    | 3001    | \ | 3500    | 100                  |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 1067    | \ | 1219    | 3501    | \ | 4000    | 75                   |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 1220    | \ | 1371    | 4001    | \ | 4500    | 70                   |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| 1372    | \ | 1523    | 4501    | \ | 5000    | 65                   |
|         | - |         |         | - |         |                      |
+---------+---+---------+---------+---+---------+----------------------+
| Above   |   |         | Above   |   |         | 5                    |
| 1523    |   |         | 5000    |   |         |                      |
+---------+---+---------+---------+---+---------+----------------------+

\(4\) Stations may be authorized on Canada Primary channels in the
Canada Border Regions provided the maximum power flux density (PFD) per
25 kHz at or beyond the border does not exceed -107 dB(W/m^2^). Stations
authorized on Canada Primary channels will be secondary to stations in
Canada unless otherwise specified in an international agreement between
the U.S. and Canada.

\(5\) Stations authorized to operate within 30 kilometers of the center
city coordinates listed in Table C5 are considered to fall outside of
the U.S./Canada border area and may operate according to the non-border
band plan listed in § 90.617.

TABLE C5 -- CITIES THAT ARE CONSIDERED TO FALL OUTSIDE THE CANADA BORDER
REGION

+--------------------------------+----------------+--------------------+
| Location                       | Coordinates    |                    |
+--------------------------------+----------------+--------------------+
|                                | Latitude       | Longitude          |
+--------------------------------+----------------+--------------------+
| Akron, Ohio                    | 41 05\' 00.2\" | 81 30\' 39.4\" W.  |
|                                | N.             |                    |
| Youngstown, Ohio               |                | 80 39\' 01.3\" W.  |
|                                | 41 05\' 57.2\" |                    |
| Syracuse, New York             | N.             | 76 09\' 12.7\" W.  |
|                                |                |                    |
|                                | 43 03\' 04.2\" |                    |
|                                | N.             |                    |
+--------------------------------+----------------+--------------------+

\(6\) The channels listed in Table C6 and paragraph (c)(6)(i) of this
section are available in the Canada Border Regions for non-cellular
operations to eligible applicants in the Public Safety Category which
consists of licensees eligible in the Public Safety Pool of subpart B of
this part. 800 MHz high density cellular systems as defined in § 90.7
are prohibited on these channels.

Table C6 -- PUBLIC SAFETY pool 806-816/851-861 MHz Band Channels IN THE
cANADA BORER REGIONS

+----------------------------+--------------------------+--------------+
| Canada Border Region       | Channel Nos.             | Total        |
+----------------------------+--------------------------+--------------+
| Regions 1, 4, 5 and 6      | 231-260                  | 30 Channels  |
+----------------------------+--------------------------+--------------+
| Region 2                   | See paragraph (c)(6)(i)  |              |
|                            | below                    |              |
+----------------------------+--------------------------+--------------+
| Region 3                   | 231-320, 501-508         | 90 Channels  |
+----------------------------+--------------------------+--------------+
| Regions 7A and 8           | 269, 289, 311, 399, 439, | 70 Channels  |
|                            |                          |              |
|                            | 270, 290, 312, 400, 440, |              |
|                            |                          |              |
|                            | 279, 299, 319, 339, 359, |              |
|                            |                          |              |
|                            | 280, 300, 320, 340, 360, |              |
|                            |                          |              |
|                            | 309, 329, 349, 369, 389, |              |
|                            |                          |              |
|                            | 310, 330, 350, 370, 390, |              |
|                            |                          |              |
|                            | 313, 353, 393, 441, 461, |              |
|                            |                          |              |
|                            | 314, 354, 394, 448, 468, |              |
|                            |                          |              |
|                            | 321, 341, 361, 381, 419, |              |
|                            |                          |              |
|                            | 328, 348, 368, 388, 420, |              |
|                            |                          |              |
|                            | 351, 379, 409, 429, 449, |              |
|                            |                          |              |
|                            | 352, 380, 410, 430, 450, |              |
|                            |                          |              |
|                            | 391, 392, 401, 408, 421, |              |
|                            |                          |              |
|                            | 428, 459, 460, 469, 470  |              |
+----------------------------+--------------------------+--------------+
| Region 7B                  | 231-260                  | 170 Channels |
|                            |                          |              |
|                            | 269, 289, 311, 399, 439, |              |
|                            |                          |              |
|                            | 270, 290, 312, 400, 440, |              |
|                            |                          |              |
|                            | 279, 299, 319, 339, 359, |              |
|                            |                          |              |
|                            | 280, 300, 320, 340, 360, |              |
|                            |                          |              |
|                            | 309, 329, 349, 369, 389, |              |
|                            |                          |              |
|                            | 310, 330, 350, 370, 390, |              |
|                            |                          |              |
|                            | 313, 353, 393, 441, 461, |              |
|                            |                          |              |
|                            | 314, 354, 394, 448, 468, |              |
|                            |                          |              |
|                            | 315, 355, 395, 435, 475  |              |
|                            |                          |              |
|                            | 316, 356, 396, 436, 476  |              |
|                            |                          |              |
|                            | 317, 357, 397, 437, 477  |              |
|                            |                          |              |
|                            | 318, 358, 398, 438, 478  |              |
|                            |                          |              |
|                            | 321, 341, 361, 381, 419, |              |
|                            |                          |              |
|                            | 328, 348, 368, 388, 420, |              |
|                            |                          |              |
|                            | 331, 371, 411, 451, 491, |              |
|                            |                          |              |
|                            | 332, 372, 412, 452, 492, |              |
|                            |                          |              |
|                            | 333, 373, 413, 453, 493, |              |
|                            |                          |              |
|                            | 334, 374, 414, 454, 494, |              |
|                            |                          |              |
|                            | 335, 375, 415, 455, 495, |              |
|                            |                          |              |
|                            | 336, 376, 416, 456, 496, |              |
|                            |                          |              |
|                            | 337, 377, 417, 457, 497, |              |
|                            |                          |              |
|                            | 338, 378, 418, 458, 498, |              |
|                            |                          |              |
|                            | 351, 379, 409, 429, 449, |              |
|                            |                          |              |
|                            | 352, 380, 410, 430, 450, |              |
|                            |                          |              |
|                            | 391, 392, 401, 408, 421, |              |
|                            |                          |              |
|                            | 428, 459, 460, 469, 470  |              |
|                            |                          |              |
|                            | 431, 432, 433, 434, 471, |              |
|                            |                          |              |
|                            | 472, 473, 474, 479, 480  |              |
+----------------------------+--------------------------+--------------+

\(i\) Channel numbers 1-230 are also available to eligible applicants in
the Public Safety Category in the Canada Border Regions. The assignment
of these channels will be done in accordance with the policies defined
in the Report and Order of Gen. Docket No. 87--112 (See § 90.16). The
following channels are available only for mutual aid purposes as defined
in Gen. Docket No. 87-112: channels 1, 39, 77, 115, 153.

\(7\) The channels listed in Table C7 are available in the Canada Border
Regions for the General Category. All entities will be eligible for
licensing on these channels. 800 MHz high density cellular systems as
defined in § 90.7 are permitted on these channels only as indicated in
Table C7. The channels noted for Regions 1, 2, 3, 4, 5 and 6 where high
density cellular systems are prohibited are all frequencies that are
primary to Canada. Stations may be licensed on these Canada Primary
channels according to paragraph (c)(4) above.

TABLE C7 -- GENERAL CATEGORY 806-821/851-866 MHz Band CHANNELS IN THE
CANADA BORDER REGIONS.

  ----------------------- ----------------------- -----------------------
  Canada Border Region    General Category        General Category
                          channels where 800 MHz  channels where 800 MHz
                          high density cellular   high density cellular
                          systems are prohibited. systems are permitted.

  Regions 1, 4, 5 and 6   261-560                 561-710

  Region 2                172-620                 621-710

  Region 3                321-500                 509-710

  Regions 7A and 8        231-260, 511-550        None

  Region 7B               511-550                 None
  ----------------------- ----------------------- -----------------------

\(8\) The channels listed in Table C8 are available in the Canada Border
Regions to applicants eligible in the Industrial/Business Pool of
subpart C of this part but exclude Special Mobilized Radio Systems as
defined in § 90.603(c). 800 MHz cellular high density systems as defined
in § 90.7 are prohibited on these channels.

Table C8 -- Business/Industrial/Land Transportation Pool 806-816/851-861
MHz Band channels in the canada border regions

+----------------------------+--------------------------+--------------+
| Canada Border Region       | Channel Nos.             | Total        |
+----------------------------+--------------------------+--------------+
| Regions 1, 2, 3, 4, 5 and  | None                     | 0 Channels   |
| 6                          |                          |              |
+----------------------------+--------------------------+--------------+
| Regions 7A, 7B and 8       | 261, 271, 281, 291, 301, | 100 Channels |
|                            |                          |              |
|                            | 262, 272, 282, 292, 302, |              |
|                            |                          |              |
|                            | 263, 273, 283, 293, 303, |              |
|                            |                          |              |
|                            | 264, 274, 284, 294, 304, |              |
|                            |                          |              |
|                            | 265, 275, 285, 295, 305, |              |
|                            |                          |              |
|                            | 266, 276, 286, 296, 306, |              |
|                            |                          |              |
|                            | 267, 277, 287, 297, 307, |              |
|                            |                          |              |
|                            | 268, 278, 288, 298, 308, |              |
|                            |                          |              |
|                            | 322, 362, 402, 442, 482, |              |
|                            |                          |              |
|                            | 323, 363, 403, 443, 483, |              |
|                            |                          |              |
|                            | 324, 364, 404, 444, 484, |              |
|                            |                          |              |
|                            | 325, 365, 405, 445, 485, |              |
|                            |                          |              |
|                            | 326, 366, 406, 446, 486, |              |
|                            |                          |              |
|                            | 327, 367, 407, 447, 487, |              |
|                            |                          |              |
|                            | 342, 382, 422, 462, 502, |              |
|                            |                          |              |
|                            | 343, 383, 423, 463, 503, |              |
|                            |                          |              |
|                            | 344, 384, 424, 464, 504, |              |
|                            |                          |              |
|                            | 345, 385, 425, 465, 505, |              |
|                            |                          |              |
|                            | 346, 386, 426, 466, 506, |              |
|                            |                          |              |
|                            | 347, 387, 427, 467, 507  |              |
+----------------------------+--------------------------+--------------+

\(9\) The channels listed in Table C9 are available in the Canada Border
Regions to applicants eligible in the SMR category---which consists of
Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz
high density cellular systems, as defined in § 90.7, are prohibited on
these channels.

TABLE C9 -- SMR CATEGORY 806-816/851-861 MHZ CHANNELS AVAILABLE FOR
SITE-BASED LICENSING IN THE CANADA BORDER REGIONS

+----------------------------+--------------------------+--------------+
| Canada Border Region       | Channel Nos.             | Total        |
+----------------------------+--------------------------+--------------+
| Regions 1, 2, 3, 4, 5 and  | None                     | 0 Channels   |
| 6                          |                          |              |
+----------------------------+--------------------------+--------------+
| Regions 7A and 8           | 315, 355, 395, 435, 475, | 80 Channels  |
|                            |                          |              |
|                            | 316, 356, 396, 436, 476, |              |
|                            |                          |              |
|                            | 317, 357, 397, 437, 477, |              |
|                            |                          |              |
|                            | 318, 358, 398, 438, 478, |              |
|                            |                          |              |
|                            | 331, 371, 411, 451, 491, |              |
|                            |                          |              |
|                            | 332, 372, 412, 452, 492, |              |
|                            |                          |              |
|                            | 333, 373, 413, 453, 493, |              |
|                            |                          |              |
|                            | 334, 374, 414, 454, 494, |              |
|                            |                          |              |
|                            | 335, 375, 415, 455, 495, |              |
|                            |                          |              |
|                            | 336, 376, 416, 456, 496, |              |
|                            |                          |              |
|                            | 337, 377, 417, 457, 497, |              |
|                            |                          |              |
|                            | 338, 378, 418, 458, 498, |              |
|                            |                          |              |
|                            | 431, 432, 433, 434, 471, |              |
|                            |                          |              |
|                            | 472, 473, 474, 479, 480, |              |
|                            |                          |              |
|                            | 481, 488, 489, 490, 499, |              |
|                            |                          |              |
|                            | 500, 501, 508, 509, 510  |              |
+----------------------------+--------------------------+--------------+
| Region 7B                  | 481, 488, 489, 490, 499, | 10 Channels  |
|                            |                          |              |
|                            | 500, 501, 508, 509, 510  |              |
+----------------------------+--------------------------+--------------+

\(10\) The channels listed in Table C10 are available in the Canada
Border Regions to applicants eligible in the SMR category---which
consists of Specialized Mobile Radio (SMR) stations and eligible end
users. ESMR licensees who employ 800 MHz high density cellular systems,
as defined in § 90.7, are permitted to operate on these channels. Some
of the channels listed in Table C10 are primary to Canada as indicated
in paragraph (c)(1) above. ESMR systems may be authorized on these
Canada Primary channels according to paragraph (c)(4) above.

TABLE C10 -- ESMR CATEGORY 817-824/862-869 MHZ CHANNELS AVAILABLE FOR
800 MHZ HIGH DENSITY SYSTEMS

  ----------------------------- -------------------------- ---------------
  Canada Border Region          Channel Nos.               Total

  Regions 1, 2, 3, 4, 5 and 6   711-830                    120 Channels

  Regions 7A, 7B and 8          551-830                    280 Channels
  ----------------------------- -------------------------- ---------------

\(11\) In Canada Border Regions 1, 2, 3, 4, 5 and 6, the following
General Category channels are available for licensing to all entities
except as described below in paragraphs (c)(11)(i) and (c)(11)(ii): in
Regions 1, 4, 5 and 6, channels 261-560; in Region 2, channels 172-620
and in Region 3, channels 321-500.

\(i\) In a given 800 MHz NPSPAC region, the General Category channels
listed paragraph (c)(11) which are vacated by licensees relocating to
channels 711-830 and which remain vacant after band reconfiguration will
be available for licensing as follows:

\(A\) Only to eligible applicants in the Public Safety Category until
three years after the release of a public notice announcing the
completion of band reconfiguration in that region;

\(B\) Only to eligible applicants in the Public Safety or Critical
Infrastructure Industry Categories from three to five years after the
release of a public notice announcing the completion of band
reconfiguration in that region;

\(C\) To all entities five years after release of a public notice
announcing the completion of band reconfiguration in that region.

\(ii\) The General Category channels listed in paragraph (c)(11) are
primary to Canada. Stations may be authorized on these Canada Primary
channels according to paragraph (c)(4) above.

\(12\) In Canada Border Regions 7A, 7B and 8, the following channels
will be available as described below in paragraphs (c)(12)(i) and
(c)(12)(ii): for Canada Border Regions 7A and 8, channels 231-260 and
channels below 471 in Tables C8 and C9; for Canada Border Region 7B all
channels in Tables C8 and C9.

\(i\) In a given 800 MHz NPSPAC region, the channels listed paragraph
(c)(12) which are vacated by licensees relocating to channels 511--830
and which remain vacant after band reconfiguration will be available as
follows:

\(A\) Only to eligible applicants in the Public Safety Category until
three years after the release of a public notice announcing the
completion of band reconfiguration in that region;

\(B\) Only to eligible applicants in the Public Safety or Critical
Infrastructure Industry Categories from three to five years after the
release of a public notice announcing the completion of band
reconfiguration in that region;

\(ii\) Five years after the release of a public notice announcing the
completion of band reconfiguration in a given 800 MHz NPSPAC region, the
channels listed in paragraph (c)(12) will revert back to their original
pool categories.

**APPENDIX E**

**LIST OF COMMENTING PARTIES**

**Comments**

APCO, IACP, IAFC (Joint Comments)

NPSPAC Region 43 Regional Planning Committee

Enterprise Wireless Alliance

Consumers Energy Company

State of Michigan

Smart-Link Communications, Inc.

Boeing Company

Sprint Nextel Corporation

New York State Wireless Network

Ohio Region 33 800 MHz Planning Committee

**Reply Comments**

NPSPAC Region 43 Regional Planning Committee

Utilities Telecom Council

APCO, IACP, IAFC

Ohio Region 33 800 MHz Planning Committee

State of Michigan

Joseph M. Turner (APCO Region 21 Frequency Advisory Committee)

Boeing Company

Sprint Nextel Corporation

**APPENDIX F**

**INDUSTRY CANADA AND FCC EXCHANGE OF LETTERS**

Industry Canada

Sep. 07, 2007

Mr. Kevin J. Martin

Chairman

Federal Communications Commission (FCC)

445 12th Street S.W.

Washington, DC 20554

UNITED STATES OF AMERICA

Dear Mr. Martin:

I am writing in regard to discussions between Industry Canada and the
FCC concerning ways to address the U.S. 800 MHz rebanding program in the
regions close to the Canada/U.S. border.

As you may know, considerable exchange of data and analysis has taken
place in an effort to assess the magnitude of the impact on both sides
of the border. At a special July 20 meeting of the Radio Technical
Liaison Committee (RTLC) in Ottawa, Ontario, Industry Canada and the FCC
assessed the results of the analyses and established a way forward
acceptable to both parties. At this meeting, the following principles
and actions were developed as a way forward:

1.  The revision to the cross border frequency arrangement for the 800
    MHz band (Arrangement F)[^135] will be based on the current block
    and zone frequency sharing plan recognizing that minor changes may
    be necessary.

2.  The FCC can now move forward with the consultation on the channel
    assignment scheme based on the current block and zone plan in
    Arrangement F.

3.  Upon completion of the FCC consultation process and after a U.S.
    band plan and assignment scheme are established, a revision to
    Arrangement F will be finalized including an annexed list of
    assignments to be grandfathered and protected. The grandfathered
    assignments will be established from assignments authorized under
    the provisions of the 800 MHz Special Coordination Procedure
    (SCP).[^136] SCP assignments that are grandfathered will be
    protected. SCP assignments that cannot be grandfathered will be
    notified to change their parameters within an agreed period of time
    and may continue to operate under the provisions of the revised
    Arrangement F.

4.  Reliable radio services for public safety and other important
    supporting services are critical leading up to and during the
    Vancouver 2010 Winter Olympics. In implementing revisions to
    Arrangement F, the parties will make every effort to avoid any
    changes to the TELUS 800 MHz SCP assignments in southwestern British
    Columbia until after the 2010 Olympic Games unless earlier remedial
    action is possible that protects Canada\'s Olympics-related
    communications needs. Every effort will be made to find solutions
    for the SCP assignments that impact planned use in the U.S.

From my perspective, the above principles and actions are acceptable and
provide a good basis to bring this matter to a conclusion. I trust that
you will also find these principles and actions acceptable and I would
appreciate your support to bring this matter to a satisfactory
conclusion.

Sincerely,

Michael Binder

Assistant Deputy Minister

Spectrum, Information Technologies

and Telecommunications

Federal Communications Commission

Washington, D.C. 20554

Oct. 31, 2007

Mr. Michael Binder

Assistant Deputy Minister

Spectrum Information Technologies and Telecommunications

Jean Edmonds Tower North

300 Slater Street - 20th Floor

Ottawa, ON K1A 0C8

Dear Mr. Binder:

Thank you for your letter discussing the current status of negotiations
between Industry Canada and the Federal Communications Commission (FCC)
regarding the reconfiguration of the 800 MHz band. I agree that the
principles detailed in your letter provide a framework for the FCC and
Industry Canada to bring this matter to a satisfactory conclusion.

As agreed at the special meeting of the Radio Technical Liaison
Committee, the Commission will seek comment from our licensees on a band
plan proposal consistent with the allocation of spectrum in the current
U.S. -- Canada arrangement that will enable us to complete 800 MHz band
reconfiguration in the regions of the U.S. adjacent to our common
border. Once the band plans is adopted and rebanding assignments for
individual U.S. stations are made, my staff will work with your staff to
determine whether certain Canadian facilities that have previously been
authorized on U.S. primary spectrum under Special Coordination
Procedures can be grandfathered in the final U.S. -- Canada arrangement.

I also have directed my staff to work with yours to minimize any impact
from 800 MHz rebanding to Canadian stations in southwest British
Columbia that support communications in connection with the Vancouver
2010 Winter Olympics.

Sincerely,

Kevin J. Martin

Chairman

[^1]: *See* Arrangement Between the Dept. of Communications of Canada
    and the FCC of the United States Concerning the Use Along the
    US-Canada Border of the Band 806-890 MHz (Jan. 1994, addendum, Dec.
    1994) (Arrangement F). *See also* Arrangement Between the Dept. of
    Communications of Canada and the FCC of the United States Concerning
    the Use Along the US-Canada Border of the Bands 821-824 MHz and
    866-869 MHz (Sep. 1990, addendum, Dec. 1994).

[^2]: The eight border regions are displayed in Appendix B.

[^3]: *See* Improving Public Safety Communications in the 800 MHz Band,
    *Report and Order*, WT Docket No. 02-55, 19 FCC Rcd 14969 (2004)
    (*800 MHz R&O*).

[^4]: *Id.* at 14895-96 ¶ 25.

[^5]: *Id.* at 15063 ¶ 176.

[^6]: *Id.* at 15063 ¶ 176 n. 471, 15125 ¶ 332.

[^7]: Improving Public Safety Communications in the 800 MHz Band,
    *Second Memorandum Opinion and Order*, WT Docket No. 02-55, 22 FCC
    Rcd 10467, 10494-95 ¶¶ 67-68 (2007) (*800 MHz 2^nd^ MO&O*).

[^8]: *See* Letter from Michael Binder, Assistant Deputy Minister,
    Spectrum, Information Technologies and Telecommunications, Industry
    Canada, to Kevin J. Martin, Chairman, Federal Communications
    Commission (September 7, 2007); Letter from Kevin J. Martin,
    Chairman, Federal Communications Commission, to Michael Binder,
    Assistant Deputy Minister, Spectrum, Information Technologies and
    Telecommunications, Industry Canada (October 31, 2007) (attached as
    Appendix F).

[^9]: *Id.*

[^10]: Improving Public Safety Communications in the 800 MHz Band,
    *Further Notice of Proposed Rulemaking*, WT Docket No. 02-55, 22 FCC
    Rcd 19266 (2007) (*FNPRM*).

[^11]: *Id.* at 19270-72 ¶¶ 8-16.

[^12]: *Id.* at 19268 ¶ 6.

[^13]: Parties filing comments and reply comments are listed in Appendix
    E.

[^14]: *FNPRM*, 22 FCC Rcd at 19268-69 ¶ 7.

[^15]: *Id.* at 19270-72 ¶¶ 8-16.

[^16]: *See* 47 C.F.R. § 90.677(f).

[^17]: *See* ¶ 11, *infra.*

[^18]: *Id.*

[^19]: *See* ¶ 14, *infra.*

[^20]: *Id.*

[^21]: *See* ¶¶ 17-19, *infra.*

[^22]: This change will result in Ohio being wholly within Region 3 for
    the entire 800 MHz band. Previously , the Ohio-Pennsylvania border
    was the dividing line between Regions 2 and 3 for the
    821-824/866-869 MHz band only, while the Region 2/Region 3 dividing
    line for the remainder of the 800 MHz band was at 81 degrees west
    longitude, which placed a portion of Ohio in Region 2. *See*
    Arrangement Between the Dept. of Communications of Canada and the
    FCC of the United States Concerning the Use Along the US-Canada
    Border of the Bands 821-824 MHz and 866-869 MHz (Sep. 1990,
    addendum, Dec. 1994).

[^23]: *See 800 MHz R&O*, 19 FCC Rcd at 14984 ¶ 23. Due to the limited
    availability and current heavy use of spectrum in the U.S. - Canada
    border regions, we anticipate that there will be relatively little
    vacated spectrum available for new licensing in comparison to
    non-border regions.

[^24]: During the transition, Sprint's rights to operate in the
    821-824/866-869 MHz band in the border regions will be conditioned
    on its providing protection to any NPSPAC licensees that have not
    yet relocated out of the band. *See* Letter from David L. Furth,
    Associate Chief, Public Safety and Homeland Security Bureau, and
    Joel D. Taubenblatt, Acting Deputy Chief, Wireless
    Telecommunications Bureau, to Lawrence R. Krevor and James B.
    Goldstein, Sprint Nextel Corporation, DA 08-1074 (May 6, 2008).

[^25]: *See* Comments of APCO, IACP and IAFC at 2; Comments of the
    Enterprise Wireless Alliance at 1 (EWA Comments); Comments of Sprint
    Nextel Corporation at 4 (Sprint Comments); Comments by the State of
    Michigan at 6 (Michigan Comments).

[^26]: *FNPRM*, 22 FCC Rcd at 19270-71 ¶¶ 9-10, 13.

[^27]: *Id.* at 19269 ¶ 7.

[^28]: *Id.* at 19280-82, Appendix C.

[^29]: *Id.* at 19270-71 ¶¶ 9, 12-13.

[^30]: *See* Comments by NPSPAC Planning Region 43 at 4 (Region 43
    Comments); Michigan Comments at 8-9; Reply Comments of Region 33 at
    4 (Region 33 Reply Comments); Reply Comments of APCO Region 21
    Frequency Advisory Committee at 3 (Region 21 Reply Comments).

[^31]: Michigan Comments at 10; Region 33 Reply Comments at 4-5.

[^32]: Michigan Comments at 8-9; Region 43 Comments at 4; Reply Comments
    of the State of Michigan at 2 (Michigan Reply Comments); Region 33
    Reply Comments at 4-5.

[^33]: *See* final band plans in Appendix C.

[^34]: Licensees that operate in the NPSPAC portion of the band are
    subject to tighter emission mask requirements (Emission Mask G) than
    licensees that operate outside of the NPSPAC band (Emission Mask H).
    *See* 47 C.F.R. § 90.210.

[^35]: Letter from Hanford Thomas, Director, Statewide Wireless Network
    Office, New York State Office for Technology, to Ms. Marlene Dortch,
    Secretary, Federal Communications Commission, at 2 (New York State
    Comments).

[^36]: 47 C.F.R. § 90.677(f).

[^37]: 47 C.F.R. § 90.699(d).

[^38]: *FNPRM*, 22 FCC Rcd at 19272 ¶ 17.

[^39]: *Id.*

[^40]: Michigan Comments at 9; Michigan Reply Comments at 3-4; Region 33
    Reply Comments at 5.

[^41]: Michigan Comments at 11.

[^42]: Michigan Comments at 9; Region 33 Reply Comments at 4; Michigan
    Reply Comments at 3.

[^43]: *FNPRM*, 22 FCC Rcd at 19268-69 ¶ 7.

[^44]: *Id.*

[^45]: Comments of Consumers Energy Company at 7-11 (Consumers Energy
    Comments); Initial Comments of the Boeing Company at 7-8 (Boeing
    Comments); Region 43 Comments at 6; Reply Comments of the Boeing
    Company at 6-9 (Boeing Reply Comments); Reply Comments of the
    Utilities Telecom Council at 4-5 (UTC Reply Comments).

[^46]: Boeing Comments at 7-8.

[^47]: Consumers Energy Comments at 7-8.

[^48]: Boeing Comments at 8; Consumers Energy Comments at 8. *See also*
    Comments of Smart-Link Communications, Inc. at 2-3.

[^49]: Sprint Comments at 6-7.

[^50]: EWA Comments at 6-7.

[^51]: Sprint Comments at 7; EWA Comments at 7-8.

[^52]: Sprint Reply Comments at 3-4.

[^53]: Most commenting parties supported assigning pool channels based
    on actual use in the border regions. EWA Comments at 5-6; Michigan
    Comments at 7; Sprint Reply Comments at 4-5.

[^54]: *See* Appendix C.

[^55]: The TA may wait until replacement frequencies have been assigned
    and negotiations are complete before identifying the dividing line
    between the ESMR and non-ESMR portions of the band for Regions 1
    through 6.

[^56]: *See* 47 C.F.R. § 90.672.

[^57]: For example, in the Atlanta region, where the Commission
    eliminated the Guard Band and reduced the Expansion Band by half,
    licensees in the Expansion Band are entitled to full interference
    protection from immediately adjacent ESMR operations. Improving
    Public Safety Communications in the 800 MHz Band, *Memorandum
    Opinion and Order*, 20 FCC Rcd 16015, 16034-16035 ¶¶46-49 (2005).

[^58]: *FNPRM*, 22 FCC Rcd at 19268-69 ¶ 7.

[^59]: Thus, if a non-ESMR licensee makes this election, Sprint has the
    option of either consenting to the election or not consenting and
    relocating the licensee to the non-ESMR band. If Sprint chooses
    relocation, it must provide interference protection to the non-ESMR
    licensee under the full interference standard.

[^60]: *See* Improving Public Safety Communications in the 800 MHz Band,
    *Supplemental Order and Order on Reconsideration,* WT Docket No.
    02-55, 22 FCC Rcd 25120, 25137 ¶ 39 (2007).

[^61]: *See* 47 C.F.R. § 90.619(c)(4) in Appendix D, *infra*.

[^62]: *FNPRM*, 22 FCC Rcd at 19272 ¶17.

[^63]: Sprint Comments at 4; Sprint Reply Comments at 10-11.

[^64]: *FNPRM*, 22 FCC Rcd at 19272 ¶ 17.

[^65]: Sprint Comments at 4-5; Sprint Reply Comments at 10-11.

[^66]: Sprint Reply Comments at 10-11.

[^67]: Region 33 Reply Comments at 2.

[^68]: *Id.*

[^69]: Region 43 Comments at 6 (Sprint could continue operating below
    817/862 MHz as long as a guard band is created between Sprint's
    operations and lower-adjacent public safety operations); Boeing
    Comments at 10-11 (Sprint operations on SCP channels must be shifted
    into channel groupings that provide non-ESMR systems the same degree
    of protection against harmful interference as that provided in other
    segments of the larger 800 MHz band); Boeing Reply Comments at 11
    (reiterating stance on Sprint's SCP operations); Region 21 Reply
    Comments at 3 (Sprint could continue operating below 817/862 MHz as
    long as that continued use does not impede the relocation of public
    safety users in those areas).

[^70]: *Id.*

[^71]: Sprint Comments at 4; Sprint Reply Comments at 10-11.

[^72]: While B/ILT and high-site SMR licensees that operate on Canada
    primary spectrum are secondary to stations in Canada, these
    licensees are co-primary to domestic stations and thus entitled to
    the full interference protection provided in Section 90.672 of the
    Commission rules. *See* 47 C.F.R. § 90.672.

[^73]: *See* note Error: Reference source not found, *supra*.

[^74]: *See* ¶ 14, *supra*.

[^75]: *See* Region 43 Comments at 6.

[^76]: This condition is similar to the conditions imposed upon ESMR
    licensees that did not wish to relocate to the ESMR band. *See 800
    MHz R&O*, 19 FCC Rcd at 15056-57 ¶ 162.

[^77]: *FNPRM*, 22 FCC Rcd at 19280-85 Appendix C.

[^78]: *Id.* at 19268-69 ¶ 7.

[^79]: *Id.*

[^80]: *See*, *e.g.*, Region 43 Letter, Attachment at 1.

[^81]: *See* Sprint Comments at 8; Michigan Comments at 15-16; Reply
    Comments by NPSPAC Region 43 at 8 (Region 43 Reply Comments); Sprint
    Reply Comments at 9-10; Boeing Reply Comments at 12; Region 33 Reply
    Comments at 6.

[^82]: *See* Sprint Comments at 8; Sprint Reply Comments at 9-10.

[^83]: In regions 1, 4, 5 and 6, the existing cross-border mutual aid
    channels that will be maintained are 822.5125/867.5125 MHz and
    823.0125/868.0125 MHz. In Region 3, the existing mutual aid channels
    that will be maintained are 821.5125/866.5125 MHz, 822.0125/867.0125
    MHz, 822.5125/867.5125 MHz, and 823.0125/868.0125 MHz. There are no
    cross-border mutual aid channels on U.S primary spectrum in Regions
    2, 7, or 8.

[^84]: *See* 47 C.F.R. § 90.619(c)(4) in Appendix D, *infra*.

[^85]: *FNPRM*, 22 FCC Rcd at 19267 ¶ 5.

[^86]: *Id.* at 19268 ¶ 5.

[^87]: EWA Comments at 8; Michigan Comments at 12; UTC Reply Comments at
    5.

[^88]: *See* Section III, A. *supra.*

[^89]: These channels are spaced every 12.5 kHz except for the five
    mutual aid channels, which are spaced every 25 kHz. *See* 47 C.F.R.
    § 90.613.

[^90]: These channels are spaced every 25 kHz. *See* 47 C.F.R. § 90.613.

[^91]: *See* NPSPAC Region 43 Comments, Attachment B; Michigan Comments,
    Appendix A at 2.

[^92]: *See* ¶ 17, *supra*.

[^93]: *See* Dec. 3, 2007 New York Statewide Wireless Network Comments
    at 10,(attaching Presentation entitled "Wave 4 Rebanding Detail,"
    presented at Wave 4 Rebanding Summit, Cleveland, OH, June 7, 2007)..
    No non-public safety entity commented on this specific band plan.

[^94]: Michigan Comments at Appendix A, page 1.

[^95]: *See* 47 C.F.R. § 90.619(c) (2), Table C2 in Appendix D.

[^96]: *See* Appendix B.

[^97]: New York State Comments at 2-3.

[^98]: *FNPRM*, 22 FCC Rcd at 19272-73 ¶ 17.

[^99]: *Id.*

[^100]: *Id. See* FCC Announces Supplemental Procedures and Provides
    Guidance for Completion of 800 MHz Rebanding, WT Docket 02-55,
    *Public Notice*, 22 FCC Rcd 17227, 17231 (2007) (*September 2007
    Public Notice*).

[^101]: Region 43 Comments at 8; Boeing Comments at 12; Boeing Reply
    Comments at 13-14.

[^102]: Sprint Comments at 10-11.

[^103]: *September 2007 Public Notice*, 22 FCC Rcd at 17227. The
    Commission also clarified that Sprint would reimburse licensee costs
    incurred in reasonable anticipation of rebanding. *Id*. at n.13.

[^104]: The TA will also provide replacement frequency assignments to
    those licensees adjacent to Canadian border regions that have not
    previously been assigned frequencies due to their proximity to the
    border regions. For purposes of planning, negotiation, and
    implementation, these licensees are subject to the same rebanding
    deadlines set forth in this order that apply to licensees within the
    border regions.

[^105]: *Id.* For licensees with up to 5,000 units, the period to
    complete planning and submit a cost estimate is 90 days; for
    licensees with 5,001-10,000 units, the period is 100 days, and for
    licensees with more than 10,000 units, the period is 110 days.

[^106]: *See id.*, 22 FCC Rcd at 17228.

[^107]: *Id.*

[^108]: *See* 5 U.S.C. § 801(a)(1)(A).

[^109]: *See* 44 U.S.C. 3506(c)(4).

[^110]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601-612., has
    been amended by the Contract With America Advancement Act of 1996,
    Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
    CWAAA is the Small Business Regulatory Enforcement Fairness Act of
    1996 (SBREFA).

[^111]: Improving Public Safety Communications in the 800 MHz Band,
    *Further Notice of Proposed Rulemaking*, WT Docket No. 02-55, 22 FCC
    Rcd 19266, 19276-78 (2007) (*FNPRM*).

[^112]: *Id*. at 19276 ¶ 1.

[^113]: 5 U.S.C. §§ 603(b)(3), 604(a)(3).

[^114]: 5 U.S.C. § 601(6).

[^115]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in the Small Business Act, 15 U.S.C.
    § 632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such terms which are appropriate to the activities of
    the agency and publishes such definitions(s) in the Federal
    Register."

[^116]: 15 U.S.C. § 632.

[^117]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
    page 40 (July 2002).

[^118]: 5 U.S.C. § 601(4).

[^119]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^120]: 5 U.S.C. § 601(5).

[^121]: U.S. Census Bureau, Statistical Abstract of the United States:
    2006, Section 8, page 272, Table 415.

[^122]: We assume that the villages, school districts, and special
    districts are small, and total 48,558. *See* U.S. Census Bureau,
    Statistical Abstract of the United States: 2006, section 8, page
    273, Table 417. For 2002, Census Bureau data indicate that the total
    number of county, municipal, and township governments nationwide was
    38,967, of which 35,819 were small. *Id.*

[^123]: U.S. Census Bureau, 2007 NAICS Definitions, "517210 Wireless
    Telecommunications Categories (Except Satellite)";
    <http://www.census.gov/naics/2007/def/ND517210.HTM#N517210>.

[^124]: U.S. Census Bureau, 2002 NAICS Definitions, "517211 Paging";
    <http://www.census.gov/epcd/naics02/def/NDEF517.HTM>.; U.S. Census
    Bureau, 2002 NAICS Definitions, "517212 Cellular and Other Wireless
    Telecommunications";
    <http://www.census.gov/epcd/naics02/def/NDEF517.HTM>.

[^125]: 13 C.F.R. § 121.201, NAICS code 517210 (2007 NAICS). The
    now-superseded, pre-2007 C.F.R. citations were 13 C.F.R. § 121.201,
    NAICS codes 517211 and 517212 (referring to the 2002 NAICS).

[^126]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517211 (issued Nov. 2005).

[^127]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^128]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517212 (issued Nov. 2005).

[^129]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^130]: The U.S. -- Canada border region extends 140 kilometers into the
    U.S. from the border.

[^131]: 5 U.S.C. § 601(5).

[^132]: 5 U.S.C. §§ 603(c)(1)-(c)(4).

[^133]: *See* 5 U.S.C*.* § 801(a)(1)(A).

[^134]: *See* 5 U.S.C. § 604(b).

[^135]: Arrangement Between the Department of Communications of Canada
    and the Federal Communications Commission of the United States
    Concerning the use of the Band 806 to 890 MHz along the Canada
    -United States Border.

[^136]: Special Coordination Procedure for the Use of the Frequencies in
    the Bands 806-821 MHz and 851 866 MHz for Land Mobile Services.