**DA 09-212**

**Released: February 10, 2009**

> **PUBLIC SAFETY AND HOMELAND SECURITY BUREAU PROVIDES GUIDANCE ON
> AMENDment of 800 MHz REGIONAL PLANS to reflect 800 MHz band
> reconfiguration and on licensing of new npspac facilities in the
> 806-809/851-854 MHz band**

**Regional Planning Committees for Non-Border NPSPAC Regions Must File
Amended Plans or Notifications by April 13, 2009**

> **WT Docket No. 02-55**

By this *Public Notice*, the Public Safety and Homeland Security Bureau
(Bureau) provides the following guidance to non-border 800 MHz Regional
Planning Committees (RPCs) on amending their regional plans to reflect
the reconfigured 800 MHz band plan established in the Commission's 800
MHz rebanding proceeding. We also provide guidance on licensing of new
facilities on available channels in the new National Public Safety
Planning Advisory Committee (NPSPAC) band at 806-809/851-854 MHz.

We direct RPCs for non-border National Public Safety Planning Advisory
Committee (NPSPAC) regions[^1] to file amendments to their 800 MHz
regional plans by April 13, 2009 to bring them into conformity with the
new 800 MHz band plan. These plan amendments will be subject to
streamlined filing and approval procedures provided that they are
limited to changes in frequency listings based on the new band plan.
Alternatively, RPCs may elect to file amended regional plans by June 10,
2009 that combine rebanding-related changes with other modifications
that are not rebanding-related, provided that they notify the Bureau by
April 13, 2009 of their intent to do so. Amended plans that include
substantive modifications not related to rebanding will be subject to
standard public notice and approval procedures.

**[Background]{.underline}**

The *800 MHz Report and Order* and subsequent orders in this proceeding
provide for reconfiguration of the 800 MHz band in order to eliminate
harmful interference to public safety operations within the band.[^2] As
part of band reconfiguration, in all non-border areas, the former NPSPAC
band at 821-824/866-869 MHz has shifted 15 megahertz lower in the band
to 806-809/851-854 MHz, and NPSPAC incumbents are in the process of
relocating from the old to the new band.

The Commission's policies require the RPCs to prepare and submit
regional plans for use of the NPSPAC band in their respective Public
Safety Regions.[^3] The RPCs must also update their regional plans as
needed to conform them to changes in the nationwide NPSPAC band plan,
and to reflect other changes in the disposition of NPSPAC channels
within the region, technical requirements, or procedures for assigning
channels.[^4]

**[Amending 800 MHz Regional Plans to Reflect 800 MHz Band
Reconfiguration]{.underline}**

As a consequence of 800 MHz band reconfiguration, all non-border 800 MHz
non-border RPCs must amend their regional plans currently on file with
the Commission to reflect the 15 megahertz shift in the NPSPAC band from
821-824/866-869 MHz to 806-809/851-854 MHz. Some RPCs may also need to
amend their regional plans to include other updates or modifications
that are not rebanding-related. We establish the following alternative
procedures for submission and approval of amended 800 MHz regional plans
depending on whether the amendments are rebanding-related only or
include other substantive changes.

[Regional Plan Amendments Limited to Rebanding-Related
Changes.]{.underline} We establish a streamlined process for RPCs that
submit amended plans to reflect the 15 megahertz shift in the NPSPAC
band from 821-824/866-869 MHz to 806-809/851-854 MHz, but that propose
no other substantive amendments to their regional plans. Because the
amendments are limited to shifting channel assignments in the existing
plan downward by 15 megahertz, we will allow RPCs to submit such
amendments without first seeking concurrence from adjacent Public Safety
Regions. Furthermore, the Bureau will waive normal public notice and
comment procedures for processing these rebanding-related amendments and
will approve such amendments without seeking public comment. RPCs will
not be eligible for this streamlined process if they submit amended
plans with substantive changes that are not rebanding-related, such as
changes to channel allocations within the region, technical parameters,
or procedures for assigning channels. However, RPCs may include
administrative updates (*e.g*., changes to RPC by-laws or membership) in
their amendments under the streamlined process.

[Regional Plan Amendments That Include Rebanding-Related Changes and
Other Substantive Changes.]{.underline} RPCs submitting
rebanding-related amendments may also include other substantive
modifications to their regional plans, such as changes to channel
allocations within the region, technical parameters, or procedures for
assigning channels.[^5] Proposed regional plan amendments that include
such substantive modifications will be processed using standard
procedures. Thus, RPCs will be required to obtain concurrence to their
amendments from adjacent regions prior to filing, and the Bureau will
place such amendments on public notice and seek comment prior to
approval.

**[Procedures and Filing Dates for Regional Plan
Amendments]{.underline}**

[Rebanding-Related Amendments]{.underline}: RPCs in Waves 1 through 3
that intend to submit amended plans reflecting the 15 megahertz shift in
the NPSPAC band without other substantive amendments must submit their
modifications to the Public Safety and Homeland Security Bureau by April
13, 2009.

[Combined Rebanding-Related and Other Substantive
Amendments]{.underline}: RPCs in Waves 1 through 3 that intend to submit
amended plans reflecting the 15 megahertz shift in the NPSPAC band
combined with other substantive amendments must notify the Bureau of
their intention by April 13, 2009, and must file amendments by June 10,
2009.

[Content of Amendments:]{.underline} All NPSPAC plan amendments (both
rebanding-related amendments and rebanding-related combined with other
substantive amendments) must be submitted with a cover letter, signed by
the regional chairperson, and must reference the original docket number
specifically assigned to that region.[^6] RPCs are encouraged to file
their amendments electronically using the Commission's Electronic
Comment Filing System (ECFS). To expedite the amendment process, a
region may electronically poll its RPC membership for review and
approval of a proposed amendment. RPCs may also hold online meetings if
they so choose.

**[Licensing of New NPSPAC Facilities Under Amended Regional
Plans]{.underline}**

Permanent licensing of new facilities on available channels in the new
NPSPAC band at 806-809/851-854 MHz is now permitted in non-border
regions.[^7] Such applications must be in accordance with the RPCs'
amended regional plans.[^8] Applicants for new facilities in the new
NPSPAC band should obtain frequency coordination from a public safety
frequency coordinator and a letter of concurrence from the RPC.

In addition, until rebanding is complete in a NPSPAC region,
applications for new NPSPAC facilities must be submitted to the 800 MHz
Transition Administrator to verify that the requested channels are not
required for rebanding purposes.

**[Conditional Operation By Sprint on New NPSPAC Channels]{.underline}**

Prior to completion of rebanding in a NPSPAC region, Sprint Nextel
Corporation (Sprint) may continue existing operations on 806-809/851-854
MHz channels after new NPSPAC licenses are granted, but must cease
operations on any such channel to the extent necessary to comply with
the co-channel spacing requirements of Section 90.621(b)[^9] on 60 days
notice that the new NPSPAC licensee is ready to use the channel for
testing purposes or to commence operations.[^10] Once Sprint has
received the 60-day notice, Sprint will terminate its operations to the
extent necessary to allow the new licensee to operate on the channel
without harmful interference.

**[Contact Information]{.underline}**

For further information, contact: Brian Marenco, Policy Division, Public
Safety and Homeland Security Bureau, at (202) 418-0838 or
Brian.Marenco@fcc.gov; Jeannie Benfaida, Policy Division, Public Safety
and Homeland Security Bureau, at (202) 418-2313 or
Jeannie.Benfaida@fcc.gov.

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

> -- FCC --

[^1]: RPCs for all NPSPAC regions in Waves 1, 2, and 3, other than
    Region 19 (New England), must file amendments pursuant to this
    Public Notice. NPSPAC Region 19 and all NPSPAC regions in Wave 4 are
    excluded from the requirements of this Public Notice and RPCs for
    these regions are not required to submit amended plans at this time.
    We will provide information on the plan amendment process for these
    regions at a later date, after the 800 MHz Transition Administrator
    determines replacement channel assignments for NPSPAC licensees in
    the U.S. -- Canada and U.S. - Mexico border areas.

[^2]: *See* Improving Public Safety Communications in the 800 MHz Band,
    *Report and Order, Fifth Report and Order, Fourth Memorandum Opinion
    and Order, and Order,* 19 FCC Rcd 14969 (2004) (*800 MHz Report and
    Order*).

[^3]: 47 C.F.R. § 90.16 (no assignments will be made in spectrum
    designated for the Public Safety National Plan until a regional plan
    for the area has been accepted by the Commission). *See also*
    Development and Implementation of a Public Safety National Plan and
    Amendment of Part 90 to Establish Service Rules and Technical
    Standards for Use of the 821-824/866-869 MHz Bands by the Public
    Safety Services, *Report and Order,* Gen. Docket 87-112, 3 FCC Rcd
    905 (1987) (*National Plan Report and Order*).

[^4]: *See National Plan Report and Order*, 3 FCC Rcd at 911 ¶57.

[^5]: RPCs may also elect to file rebanding-related amendments and other
    substantive amendments separately. In such cases, the
    rebanding-related amendments will be processed under the streamlined
    procedures described in this Public Notice, while the other
    amendments will be processed under standard procedures.

[^6]: A list of NPSPAC region contacts and docket numbers are available
    on the PSHSB web page at
    http://www.fcc.gov/pshs/public-safety-spectrum/800-MHz/rpc-directory.html

[^7]: Licensing of "new" facilities refers to licensing of facilities
    that did not previously operate in the old NPSPAC band as well or to
    non-rebanding-related modification of facilities after they have
    been rebanded. The procedures in this Public Notice do not apply to
    rebanding-related license modifications to add post-rebanding
    channels and remove pre-rebanding channels from the licenses for
    rebanded facilities. Such rebanding-related modifications do not
    require coordination or RPC concurrence.

[^8]: *See* Improving Public Safety Communications in the 800 MHz Band,
    *Supplemental Order and Order on Reconsideration*, WT Docket No.
    02-55, 19 FCC Rcd 25120, 25159-60 ¶ 89 n. 226 (2004).

[^9]: 47 CFR § 90.621(b).

[^10]: Improving Public Safety Communications in the 800 MHz Band, WT
    Docket 02-55, *Order*, 23 FCC Rcd 9558, 9662 ¶ 14 (PSHSB 2008)
    (60-day notice procedure applies to channels "licensed for new
    post-rebanding NPSPAC facilities"). Prior to commencing operations,
    the new NPSPAC licensee must provide at least 60 days written or
    electronic notice to Sprint that it intends to activate the
    channel(s) for testing or commencement of operations. Sprint has
    established an email box to receive these notifications at
    800mhzinterleavedspectrum@sprint.com.