**DA 08-1529**

**Released: June 30, 2008**

**PUBLIC SAFETY AND HOMELAND SECURITY BUREAU extends**

**800 MHz rebanding NEGOTIATION periodS for**

**Wave 4 Border AREA NPSPAC and NON-NPSPAC LICENSEES along the
u.s.-mexico border**

**WT Docket No. 02-55**

By this Public Notice, the Public Safety and Homeland Security Bureau
(PSHSB) extends the mandatory negotiation periods for Wave 4 NPSPAC
(Stage 2) and non-NPSPAC (Stage 1) licensees in the U.S.-Mexico border
region until October 1, 2008, and postpones the beginning of the
mediation period for such licensees until October 2, 2008.[^1] As we
have noted in prior public notices, rebanding of Wave 4 licensees in the
U.S.-Mexico border region is affected by ongoing international
discussions with Mexico.[^2] Extending the negotiation period for these
licensees will alleviate administrative burdens on licensees, avoid
unnecessary rebanding expenditures, and provide additional time for
resolution of border issues and issuance of frequency designations by
the TA.

During the extended negotiation period, Wave 4 licensees in the
U.S.-Mexico border region are not required to engage in planning or
negotiation prior to the receipt of frequency designations from the TA,
although we encourage them to engage in such activities to the extent
that they are not frequency-dependent and would not result in
unnecessary duplication of costs. If licensees choose to engage in such
planning and negotiation activities, Sprint Nextel Corporation (Sprint)
shall pay licensees' reasonable costs in accordance with the
requirements of the Commission's orders in this proceeding.[^3]

This extension also extends the filing freeze on new applications in the
U.S.-Mexico border region until thirty working days after the October 1,
2008 date for completion of negotiations, *i.e*., until November 12,
2008.[^4] However, the freeze does not apply to modification
applications that do not change an 800 MHz frequency or expand an 800
MHz station's existing coverage area (*e.g*., administrative updates),
assignments/transfers, or renewal-only applications. In addition, Wave 4
licensees in the U.S. -- Mexico border region may expand their
facilities or add channels during the freeze, based on an appropriate
showing of public interest need, using the Special Temporary
Authorization (STA) procedures described in the Bureau's December 2006
*STA Guidance PN*.[^5] Facilities that are authorized under the STA
procedures will be subject to rebanding, and Sprint will pay the cost of
relocating such facilities to their new channel assignments.[^6]

The extension of negotiations and the application freeze does not apply
to Wave 4 licensees along the U.S.-Mexico border that have received
replacement channels from the Transition Administrator. Such licensees
remain subject to the previously announced negotiation and mediation
schedules for this wave.

For further information, contact: Roberto Mussenden, Policy Division,
Public Safety and Homeland Security Bureau, at (202) 418-1428 or
Roberto.Mussenden@fcc.gov; John Evanoff, Policy Division, Public Safety
and Homeland Security Bureau, at (202) 418-0848 or John.Evanoff@fcc.gov.

Action by the Associate Chief, Public Safety and Homeland Security
Bureau.

> -- FCC --

[^1]: For details regarding rebanding waves and negotiation periods, see
    the 800 MHz Transition Administrator's band reconfiguration schedule
    at [www.800ta.org]{.underline}.

[^2]: Our prior public notices have also extended the negotiation
    periods for 800 MHz border area licensees along the U.S.-Canada
    border. However, the Bureau has recently adopted a revised band plan
    and rebanding timetable for the U.S. -- Canada border region, which
    will henceforth govern the negotiation and mediation periods for 800
    MHz licensees in the U.S. -- Canada border region. *See* Improving
    Public Safety Communications in the 800 MHz Band, *Second Report and
    Order*, 23 FCC Rcd 7605 (PSHSB 2008).

[^3]: *See* FCC Announces Supplemental Procedures and Provides Guidance
    for Completion of 800 MHz Rebanding, *Public Notice*, 22 FCC Rcd
    17227, 17232 (2007).

[^4]: *See* Wireless Telecommunications Bureau Outlines Application
    Freeze Process for Implementation of 800 MHz Band Reconfiguration,
    *Public Notice*, 20 FCC Rcd 8905 (WTB 2005).

[^5]: *See* Public Safety And Homeland Security Bureau Provides Guidance
    For Public Safety Licensees With Regard To License Application And
    Special Temporary Authorization Procedures And Payment Of Frequency
    Relocation Costs For Public Safety Facilities Added During 800 MHz
    Band Reconfiguration, *Public Notice*, 21 FCC Rcd 14658 (PSHSB
    2006).

[^6]: *Id.* at 14661.