**DA 06-1183**

**June 2, 2006**

**Wireless Telecommunications Bureau ANNOUNCES THAT 800 MHz band
reconfiguration For non-NPSPAC Channels will COMMENCE JULY 3, 2006, in
the npspac regions ASSIGNED TO WAVE 4**

**WT Docket No. 02-55**

In July 2004, the Federal Communications Commission (Commission) adopted
a *Report and Order* in this docket which, *inter alia*, reconfigured
the 800 MHz band to eliminate interference to public safety and other
land mobile communication systems operating in the band.[^1] As
specified in the *Report and Order*, the band reconfiguration process is
being overseen by a Transition Administrator (TA)[^2] which has provided
the Commission with a plan detailing when band reconfiguration will
commence in each of the fifty-five 800 MHz National Public Safety
Planning Advisory Committee (NPSPAC) regions.[^3] On March 11, 2005, the
Bureau approved the TA's basic 800 MHz band reconfiguration schedule,
*i.e.,* the grouping of the NPSPAC regions into four waves (Waves 1-4)
and starting the reconfiguration process in each wave on the dates
recommended by the TA.[^4]

As part of the 800 MHz band reconfiguration process*,* the Commission
stated that it would issue a Public Notice thirty days before
reconfiguration is scheduled to start in each NPSPAC region.[^5] Each
such Public Notice specifies a three-month voluntary negotiation period
during which time identified licensees in the regions being reconfigured
are encouraged to reach agreement with Nextel on the details of
relocating.[^6] The voluntary negotiation period is followed by a
three-month mandatory negotiation period, if necessary.[^7] The
Commission delegated authority to issue these Public Notices to the
Public Safety and Critical Infrastructure Division of the Wireless
Telecommunications Bureau (WTB).[^8]

By this *Public Notice*, we announce that the 800 MHz band
reconfiguration process for non-NPSPAC channels[^9] will start July 3,
2006, in the NPSPAC regions assigned to Wave 4.[^10] A list of NPSPAC
regions assigned to Wave 4 is attached to this *Public Notice*.[^11] The
three-month period during which non-NPSPAC 800 MHz licensees have the
option of negotiating on a voluntary basis will end October 2, 2006. The
three-month mandatory negotiation period will end January 2, 2007.[^12]

We note that relocation channel assignments for some Wave 4 licensees
may be dependent on the resolution of ongoing discussions between the
U.S. Government and Mexico and Canada regarding allocation of channels
in border areas. We expect Wave 4 licensees within the border areas to
commence negotiations and planning to the extent that such activities
are not dependent on receipt of relocation frequency assignments. To the
extent that such licensees do not receive channel assignments from the
TA within the negotiation or mediation period for this wave, they may
submit a request for extension to the TA as needed, and the TA shall
either act on the request or refer it to WTB as provided in the
Commission's orders in this proceeding.[^13] The TA may also propose
adjustments to the Wave 4 schedule consistent with its authority under
these orders, and we reserve the ability to make additional adjustments
to the schedule to allow for resolution of international border issues
if such adjustments will further the 800 MHz band reconfiguration
process.

In the *Report and Order*, the Commission stated that it would freeze
the filing of certain 800 MHz applications for the regions being
reconfigured when it issued a Public Notice announcing the date when
voluntary negotiation of relocation agreements must be concluded.[^14]
The Commission explained that this freeze is necessary in order to
maintain a stable spectral landscape during the reconfiguration process
in each region.[^15] We announce by this *Public Notice* that, effective
immediately, we are freezing the filing of 800 MHz applications for
non-NPSPAC channels in Wave 4.[^16] The freeze applies to stations
located in all of the NPSPAC regions assigned to Wave 4 and to stations
within seventy miles of the borders of the Wave 4 regions.[^17] This
freeze is effective on the release date of this *Public Notice* and will
last until thirty working days after the date for completion of
mandatory negotiations as specified above, *i.e*., until February 15,
2007. [^18] The freeze does not apply to modification applications filed
to implement 800 MHz band reconfiguration, modification applications
filed that do not change an 800 MHz frequency or expand a 800 MHz
station's existing coverage area (*e.g.,* administrative updates),
assignments/transfers, or renewal-only applications.[^19]

We reiterate that, to facilitate the 800 MHz reconfiguration process,
the Commission has established the following new radio service codes for
licenses that list 800 MHz band frequencies governed by Part 90 of the
Commission's Rules:

Site specific licenses:

-   Public safety (conventional) -- GE

-   Public safety (trunked) -- YE

-   Business/Industrial/Land Transportation (conventional) -- GJ

-   Business/Industrial/Land Transportation (trunked) -- YJ

-   SMR (conventional) -- GM and GL (The GL code is used only for
    applications listing both 800 MHz and 900 MHz frequencies)

-   SMR (trunked) -- YM and YL (The YL code is used only for
    applications listing both 800 MHz and 900 MHz frequencies)

Geographic area licenses:

-   SMR, market area -- YH and CY (The CY code is used only for
    applications listing both 800 MHz and 1.9 GHz frequencies)

The Commission's Universal Licensing System (ULS) will automatically
update modification applications filed to implement 800 MHz band
reconfiguration to show the appropriate new radio service code (*i.e.*,
applicants should file using their current radio service codes). Once
the radio service code has been changed on the license by the
Commission, licensees filing subsequent applications concerning that
license must use the new radio service code.

The Reconfiguration Plan filed by the TA is available on the
Commission's 800 MHz band reconfiguration web page at
[http://www.800MHz.gov](http://www.800MHz.gov/). Questions concerning
the plan, and other Transition Administrator matters, including whether
your 800 MHz system must be relocated, should be directed to Brett Haan,
BearingPoint, 1676 International Drive, McLean, VA 22102,
<Brett.Haan@800ta.org>. For additional information on 800 MHz band
reconfiguration issues, generally,

please contact Roberto Mussenden, Esq., Public Safety and Critical
Infrastructure Division, Wireless Telecommunications Bureau, at (202)
418-0680, TTY (202) 418-7233, or via e-mail to
<Roberto.Mussenden@fcc.gov>.

Action by the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau.

-   FCC --

> **APPENDIX**
>
> **NPSPAC Regions Assigned to Wave 4**

+-------------------+--------------------------------------------------+
| > NPSPAC Region   | Description of Region^1^                         |
+-------------------+--------------------------------------------------+
| 2                 | Alaska                                           |
+-------------------+--------------------------------------------------+
| 3                 | Arizona                                          |
+-------------------+--------------------------------------------------+
| 5                 | California (Southern)                            |
+-------------------+--------------------------------------------------+
| 21                | Michigan                                         |
+-------------------+--------------------------------------------------+
| 29                | New Mexico                                       |
+-------------------+--------------------------------------------------+
| 30                | Eastern Upstate NY                               |
+-------------------+--------------------------------------------------+
| 33                | Ohio                                             |
+-------------------+--------------------------------------------------+
| 36                | Western PA                                       |
+-------------------+--------------------------------------------------+
| 43                | Washington                                       |
+-------------------+--------------------------------------------------+
| 50                | Texas (West & Central-Midland area)              |
+-------------------+--------------------------------------------------+
| 53                | Texas (Southern-San Antonio area)                |
+-------------------+--------------------------------------------------+
| 55                | Western Upstate NY                               |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+

^1^ Regions that are only a portion of a state or states are defined by
counties. A list of the counties in each of these regions can be
accessed at
[http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt](http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf).

[^1]: *See* Improving Public Safety Communications in the 800 MHz Band,
    *Report and Order*, WT Docket No. 02-55, 19 FCC Rcd 14969 (2004)
    (*Report and Order*). *See also* *Supplemental Order and Order on
    Reconsideration*, WT Docket No. 02-55, 19 FCC Rcd 25120 (2004)
    (*Supplemental Order*). *See also, Memorandum Opinion and Order*, WT
    Docket No. 02-55, FCC 05-174, released October 5, 2005.

[^2]: Additional information on the TA can be found on its web page --
    [www.800ta.org]{.underline}.

[^3]: *See* Regional Prioritization Plan of the 800 MHz Transition
    Administrator, WT Docket No. 02-55, filed January 31, 2005. The TA
    later amended the plan to specify a date certain for commencement of
    Wave 4. *See* letter dated February 18, 2005, from Robert B. Kelly,
    Squire, Sanders & Dempsey to Michael J. Wilhelm Chief, Public Safety
    and Critical Infrastructure Division, Wireless Telecommunications
    Bureau, FCC. The TA's band reconfiguration schedule may be viewed at
    [www.800ta.org]{.underline}.

[^4]: *See* Wireless Telecommunications Bureau Approves the Basic
    Reconfiguration Schedule Put Forth in the Transition Administrator's
    800 MHz Regional Prioritization Plan, *Public Notice*, 20 FCC Rcd
    5159, (WTB 2005) (*TA Plan PN*).

[^5]: *See* 47 C.F.R § 90.677(b) and *Report and Order*, 19 FCC Rcd
    15076 ¶ 201. *See also TA Plan PN* at 2.

[^6]: See 47 C.F.R. § 90.677(b).

[^7]: See 47 C.F.R. § 90.677(c).

[^8]: *See Report and Order*, 19 FCC Rcd 15076 ¶ 201.

[^9]: For the purposes of this *Public Notice*, non-NPSPAC channels are
    those channels in the 806-817/851-862 MHz band. For the purposes of
    reconfiguration, this group generally will consist of 800 MHz band
    licensees on Channels 1-120 (806-809/851-854 MHz).

[^10]: In March, the Bureau moved the start date for Wave 4, Phase 1
    band reconfiguration from April 3, 2006 to July 3, 2006. *See*
    Wireless Telecommunications Bureau Revises 800 MHz Band
    Reconfiguration Negotiation Timetable for Wave 4, Phase 1 Licensees,
    *Public Notice*, DA 06-526, released March 3, 2006.

[^11]: *See also* *TA Plan PN* Appendix for NPSPAC regions in Wave 4.

[^12]: In the *Supplemental Order,* the Commission established two
    negotiation periods (voluntary and mandatory), one for non-NPSPAC
    licensees and the second for NPSPAC licensees (stations operating in
    the 821-824/866-869 MHz band). *See Supplemental Order*, 19 FCC Rcd
    25143-44 ¶¶ 52-53. Also, in the *TA Plan PN*, the Commission stated
    that it concurred with the TA's recommendation for separate
    negotiation periods for NPSPAC and non-NPSPAC licensees in each
    wave. *See TA Plan PN* at 2. We will issue a separate public notice
    to start the reconfiguration process in regions in Wave 4 for NPSPAC
    channels.

[^13]: *See* Improving Public Safety Communications in the 800 MHz Band,
    *Order*, FCC 06-63 (released May 8, 2006) (delegated authority to
    grant mediation extensions requested by the TA for a period not to
    exceed six months after the end of the mediation period); Improving
    Public Safety Communications in the 800 MHz Band, *Order*, FCC 06-76
    (released May 26, 2006) (delegated authority to grant requests by
    the TA for extension of negotiation periods in future waves).

[^14]: *See Report and Order*, 19 FCC Rcd 15078 ¶ 204.

[^15]: *See id*. *See also Supplemental Order*, 19 FCC Rcd 25158-59 ¶
    87. The Bureau has provided additional information regarding the
    processing of 800 MHz applications during reconfiguration and
    indicated that there will be two separate application filing freezes
    for each region, one filing freeze for non-NPSPAC licensees and a
    separate freeze for NPSPAC licensees. *See* Wireless
    Telecommunications Bureau Outlines Application Freeze Process for
    Implementation of 800 MHz Band Reconfiguration, *Public Notice*, 20
    FCC Rcd 8905 (WTB 2005) (*800 MHz Freeze PN*).

[^16]: We will freeze the filing of applications for 800 MHz NPSPAC
    frequencies in the regions in Wave 4 in the Public Notice announcing
    the start of the voluntary and mandatory negotiation periods for
    NPSPAC licensees. *See* *800 MHz Freeze PN; see also* note Error:
    Reference source not found, *supra*.

[^17]: Applicants may request an exception to the freeze pursuant to the
    waiver provisions in Section 1.925 of the Commission's Rules, 47
    C.F.R. § 1.925. Parties filing such a request should carefully
    review the rule's criteria for a waiver and must provide complete
    support, including but not limited to documentation demonstrating
    that they meet each prong of the waiver standard. *See* *Report and
    Order*, 19 FCC Rcd 15078 ¶ 204.

[^18]: The computation of working days in this specific case does not
    include weekends or federal holidays.

[^19]: *See* *Report and Order*, 19 FCC Rcd 15078 ¶ 204.