**DA 06-1456**

**July 17, 2006**

**WIRELESS TELECOMMUNICATIONS BUREAU ESTABLISHES DOCKET FOR THE FILING
OF INITIATION PLANS, POST-TRANSITION NOTIFICATIONS, AND SELF-TRANSITION
NOTICES IN THE TRANSITION OF THE 2500-2690 MHz BAND**

**WT Docket No. 06-136**

By this Public Notice, the Wireless Telecommunications Bureau
establishes a docket (WT Docket No. 06-136) to permit the electronic
filing of Initiation Plans and Post-transition Notifications. It also
permits electronic filing for those licensees that seek to
self-transition (Self-transition Notices).

On July 29, 2004, the Commission released a *Report and Order and
Further Notice of Proposed Rulemaking* (*BRS/EBS R&O and FNPRM*) that
revamped the rules and policies governing the licensing of services in
the 2500-2690 MHz MDS/ITFS band.[^1] In particular, the Commission
adopted new band plan that restructures the 2500-2690 MHz band into
upper and lower-band segments for low-power operations (UBS and LBS,
respectively), and a mid-band segment (MBS) for high-power operations.
The Commission also adopted a transition plan for relocating Educational
Broadband Service (EBS) licensees and Broadband Radio Service (BRS)
licensees from their current channel locations to their new spectrum
blocks in the LBS, MBS, or UBS. Specifically, the transition occurs in
the following five phases: (1) initiating the transition process by
filing an Initiation Plan with the Commission; (2) planning the
transition; (3) reimbursing the costs of the transition; (4) terminating
existing operations in transitioned markets; and (5) completing the
transition by filing the Post-transition Notification with the
Commission and sending a copy to all affected BRS and EBS licensees.[^2]

On April 27, 2006, the Commission released a *Third Memorandum Opinion
and Order and Second Report and Order* that, among other things, revised
the transition area size from Major Economic Areas (MEAs) to Basic
Trading Areas (BTAs). [^3] The Commission also determined that the
transition can be undertaken by multiple proponents, and that the first
entity to file an Initiation Plan with the Commission is the proponent
for a given BTA.[^4] Entities that wish to file Initiation Plans under
the rules set forth in the *3rd MO&O* must file on or after July 19,
2006, the date these rules become effective.[^5] Once a proponent
completes the transition, the proponent must file a Post-transition
Notification with the Commission.[^6]

The *3rd MO&O* also permits licensees to self-transition if a proponent
has not filed an Initiation Plan with the Commission on or before
January 20, 2009.[^7] Licensees wishing to self-transition must notify
the Commission by April 21, 2009 and must file modification applications
with the Commission by April 19, 2011.[^8]

***Filing instructions*.** Under the Commission's current procedures for
the submission of filings and other documents,[^9] submissions in this
matter may be filed electronically (*i.e.,* through ECFS) or by paper
copy. Submissions in this matter should reference **\[WT Docket No.
06-136\] and the BTA being transitioned or the name, address, and call
sign of the licensee self-transitioning.**

**If filed by ECFS**,[^10] Initiation Plans, Post-transition
Notifications, and Self-transition Notices shall be sent as an
electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
In completing the transmittal screen, proponents and self-transitioning
licensees should include their full name, U.S. Postal Service mailing
address, and the applicable docket number. **Proponents should also
enter the number of the BTA being transitioned in the "file number"
field.** Proponents and self-transitioning licensees may also submit an
electronic document by Internet e-mail. To get filing instructions for
e-mail documents, proponents and self-transitioning licensees should
send an e-mail to ecfs@fcc.gov, and should include the following words
in the body of the message, "get form \<your e-mail address\>." A sample
form and directions will be sent in reply.

**If filed by paper**, the original and four copies of each filing must
be filed by hand or messenger delivery, by commercial overnight courier,
or by first-class or overnight U.S. Postal Service mail (although we
continue to experience delays in receiving U.S. Postal Service mail).
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD
20743. U.S. Postal Service first-class mail, Express Mail, and Priority
Mail should be addressed to 445 12th Street, S.W., Washington, D.C.
20554. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.

One copy of each document must be delivered electronically, by e-mail or
facsimile, or if delivered as paper copy, by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (according to the procedures set forth above for
paper filings), to the Commission's duplicating contractor, Best Copy
and Printing, Inc., at fcc@bcpiweb.com, or (202) 488-5563 (facsimile).

Copies of the documents filed in this matter may be obtained from Best
Copy and Printing, Inc. in person at 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554, via telephone at (202) 488-5300, via
facsimile at (202) 488-5563, or via e-mail at fcc@bcpiweb.com. These
documents are also available for public inspection and copying during
normal reference room hours at the following Commission office: FCC
Reference Information Center, 445 12th Street, S.W., Room CY-A257,
Washington, D.C. 20554. The documents are also available electronically
through the Commission's ECFS, which may be accessed on the Commission's
Internet website at http://www.fcc.gov.

For further information, contact Nancy Zaczek, Broadband Division,
Wireless Telecommunications Bureau at (202) 418-7590, or by e-mail at
<Nancy.Zaczek@fcc.gov>.

By the Chief, Broadband Division, Wireless Telecommunications Bureau.

-   FCC --

[^1]: *See* Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's
    Rules to Facilitate the Provision of Fixed and Mobile Broadband
    Access, Educational and Other Advanced Services in the 2150-2162 and
    2500-2690 MHz Bands, *Report and Order and Further Notice of
    Proposed Rulemaking,* WT Docket No. 03-66, 19 FCC Rcd 14165 (2004)
    (*BRS/EBS R&O* and *FNPRM* as appropriate).

[^2]: *Id.* at ¶ 74.

[^3]: Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules
    to Facilitate the Provision of Fixed and Mobile Broadband Access,
    Educational and Other Advanced Services in the 2150-2162 and
    2500-2690 MHz Bands, *Third Memorandum Opinion and Order and Second
    Report and Order,* WT Docket No. 03-66, 21 FCC Rcd. 5606, 5642 ¶ 65
    (2006) (*3rd MO&O)*.

[^4]: *Id*. at ¶ ¶ 91-92.

[^5]: 71 Fed. Reg. 35178 (June 19, 2006).

[^6]: *3rd MO&O,* 21 FCC Rcd. 5606, *5677* ¶ 152.

[^7]: *Id*. at 5671 ¶ 135.

[^8]: *Id.* at 5673,-5674 ¶ ¶ 141 and 143.

[^9]: *See* Implementation of Interim Electronic Filing Procedures for
    Certain Commission Filings, *Order*, 16 FCC Rcd 21483 (2001); *see
    also* FCC Announces a New Filing Location for Paper Documents and a
    New Fax Number for General Correspondence, *Public Notice*, 16 FCC
    Rcd 22165 (2001); Reminder: Filing Locations for Paper Documents and
    Instructions for Mailing Electronic Media, *Public Notice*, 18 FCC
    Rcd 16705 (2003).

[^10]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    GC Docket No. 97-113, *Report and Order*, 13 FCC Rcd 11322 (1998).