**DA 06-2605**

**Released: December 27, 2006**

**PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ANNOUNCES extension of
NEGOTIATION period BETWEEN SPRINT NEXTEL AND Border AREA NON-NPSPAC
LICENSEES in WAVE 4, Stage 1 OF 800 MHz band reconfiguration**[^1]

**WT Docket No. 02-55**

By this Public Notice, the Public Safety and Homeland Security Bureau
(PSHSB) extends the mandatory negotiation period for border-area[^2]
non-NPSPAC (Stage 1) licensees in Wave 4 of the 800 MHz Transition
Administrator's (TA) band reconfiguration schedule[^3] by 90 days from
January 2, 2007 to April 2, 2007, and postpones the beginning of the
mediation period for such licensees until April 3, 2007.[^4] This
extension does not apply to Wave 4, Stage 1 licensees outside the border
areas. Such licensees remain subject to the previously announced
negotiation and mediation schedule for this wave.

The voluntary negotiation period for Stage 1 licensees in Wave 4 began
on July 3, 2006, and the mandatory negotiation period began on October
3, 2006.[^5] The mandatory negotiation period is currently scheduled to
end on January 2, 2007, at which point licensees who have failed to
negotiate frequency relocation agreements (FRAs) with Sprint Nextel
(Sprint) are scheduled to be referred to TA-sponsored mediation.
However, at the time that we announced the Wave 4, Stage 1 negotiation
periods, we noted 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.[^6] We also reserved the ability to make
additional adjustments to the schedule to allow for resolution of
international border issues if such adjustments would further the 800
MHz band reconfiguration process.[^7]

We believe that the Wave 4, Stage 1 negotiation period should be
extended and the start of mediation postponed for 800 MHz licensees in
border areas that have not yet received their rebanding frequency
designations from the TA due to ongoing international discussions on
US-Canada and US-Mexico border issues. In the absence of new frequency
designations, these licensees cannot fully plan for rebanding or
complete their negotiation of FRAs with Sprint. Therefore, there is no
practical purpose in requiring such licensees to enter mediation under
the current schedule. 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.[^8] This extension does not affect other interim benchmarks or
the Commission's 36-month deadline for completion of rebanding.

We clarify that during the extended negotiation period, Wave 4, Stage 1
border area licensees are not required to engage in planning or
negotiation prior to the receipt of frequency designations from the TA,
though they may 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 shall pay licensees' reasonable costs in accordance
with the requirements of the Commission's orders in this proceeding.

This extension does not apply to Wave 4, Stage 1 licensees outside the
border areas that have received rebanding frequency designations from
the TA. Such licensees remain subject to the previously announced
negotiation and mediation schedule for this wave.

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 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., Policy Division, Public Safety and Homeland Security Bureau, at
(202) 418-1428 or via e-mail to <Roberto.Mussenden@fcc.gov>.

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

-   FCC --

[^1]: Delegated authority for handling 800 MHz band reconfiguration
    issues has been transferred from the Wireless Telecommunications
    Bureau to the new Public Safety and Homeland Security Bureau
    (PSHSB). *See* Establishment of the Public Safety and Homeland
    Security Bureau And Other Organizational Changes, *Order*, 21 FCC
    Rcd 10867 (2006).

[^2]: Border areas in the 800 MHz band are areas within 140 km (87
    miles) of the US-Canada border or within 110 km (68.4 miles) of the
    US/Mexico border. *See* Improving Public Safety Communications in
    the 800 MHz Band, *Report and Order*, WT Docket No. 02-55, 19 FCC
    Rcd 14969, 15063 ¶ 176 (2004).

[^3]: The TA's band reconfiguration schedule may be viewed at
    [www.800ta.org](http://www.800ta.org/).

[^4]: PSHSB has delegated authority to extend the negotiation and
    mediation periods provided the extension will facilitate the process
    and does not affect the interim milestones or the 36-month deadline
    for completion of rebanding established by the Commission. *See*
    Improving Public Safety Communications in the 800 MHz Band, *Order*,
    WT Docket No. 02-55, 21 FCC Rcd 6689 (2006). We will continue to
    monitor the schedule and reserve the ability to make additional
    adjustments as needed based on international developments.

[^5]: 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, *Public Notice*, DA
    06-1183, released June 2, 2006.

[^6]: *Id.* at 2.

[^7]: *Id.*

[^8]: Our extension of the negotiation period correspondingly extends
    the filing freeze on new applications in Wave 4, Stage 1 border
    areas. *See* Wireless Telecommunications Bureau Outlines Application
    Freeze Process for Implementation of 800 MHz Band Reconfiguration,
    *Public Notice*, 20 FCC Rcd 8905 (WTB 2005). Accordingly, the freeze
    will remain in effect in border areas until thirty working days
    after the new April 2, 2007 date for completion of negotiations,
    *i.e*., until May 14, 2007. 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.