DA 06-1507

Released: July 24, 2006

**THE WIRELESS TELECOMMUNICATIONS BUREAU PROVIDES GUIDANCE ON HOW TO
FILE APPLICATIONS TO EXCHANGE CHANNELS BETWEEN THE BROADBAND RADIO
SERVICE AND EDUCATIONAL BROADBAND SERVICE**

By this Public Notice, the Wireless Telecommunications Bureau (Bureau)
provides guidance on how licensees should file applications to exchange
channels between the Broadband Radio Service (BRS) and Educational
Broadband Service (EBS). The Commission's Rules designate which channels
in the 2495-2690 MHz band are to be licensed for use in the BRS and
which channels are to be licensed for use in the EBS.[^1] The Commission
has recognized, however, that in certain circumstances, it may be
appropriate to allow BRS and EBS licensees to engage in exchanges of
channels between the services (*i.e*., "channel swaps").[^2] The
Commission recently amended its rules to clarify "that the EBS
eligibility restrictions do not prevent channel swapping to further the
transition."[^3] The amended rule took effect on July 19, 2006. [^4] We
hereby clarify the procedures that should be used when BRS and EBS
licensees wish to swap channels between services.

**General Procedures**

In order to swap channels, the BRS licensee and EBS licensee must each
electronically file the FCC Form 603, FCC Wireless Telecommunications
Bureau Application for Assignments of Authorization and Transfers of
Control, on the same day.[^5] To file electronically, licensees must log
into Universal Licensing System (ULS) License Manager using an FCC
Registration Number and CORES password. The ULS License Manager can be
accessed through the ULS homepage at <http://wireless.fcc.gov/uls>. The
system will indicate at the end of the application filing process if a
fee is due (BRS applications require payment of a fee). Fees for
electronically filed BRS applications may be paid online or may be sent
to the Federal Communications Commission, Wireless Bureau ELT, P. O. Box
358994, Pittsburgh, PA 15251-5994. An FCC Form 159 is required if
payment is sent by mail. Additionally, licensees must have a current and
accurate FCC Form 602, FCC Ownership Disclosure Information for the
Wireless Telecommunications Services, on file with the Commission.[^6]

BRS and EBS licensees filing Form 603s to swap channels between BRS and
EBS services must seek a waiver of Section 27.5 of the Commission's
Rules designating specific channels for the BRS and EBS services and
indicate on the Form 603 that a waiver request is included with their
filings. Applicants should note that even after the revisions to Section
27.5(i)(3) -- which explicitly provide for channel swaps -- take effect,
applicants filing Form 603s to effectuate channel swaps must continue to
seek a waiver of Section 27.5 of the Commission's Rules to ensure that
the channel swap they are seeking is properly recorded in ULS and is
properly reflected on their licenses, and to ensure that the EBS
licensee programming requirements contained in Section 27.1203 of the
Commission's Rules are associated with the correct license following the
channel swap. []{.mark}

In a waiver attachment to the application, licensees seeking to
effectuate a channel swap shall describe the proposed transaction in
detail, set forth the benefits of the proposed channel swap, and
specifically affirm that the EBS licensee will comply with the
programming requirements contained in Section 27.1203 of the
Commission's Rules on its new channels.[^7] These applications will be
offlined from automatic ULS processing and processed pursuant to the
assignment and transfer General Approval Procedures as outlined in
Section 1.948(j)(1) of the Commission's rules.[^8]

Specific details regarding how to file an application for assignment
(Form 603s) to implement a channel swap, how to file a notification of
consummation of the assignment, and how ULS will process the licensing
changes, are set forth below.

**Assignment Application**

An application to swap channels must be filed as an Assignment of
Authorization. Licensees may initiate the assignment by selecting
**Assign Authorization** from the "My Licenses" screen of the ULS
License Manager. BRS and EBS licensees can elect to: (1) fully assign
the license; (2) partition all or part of the geographic service area;
(3) disaggregate all or part of the spectrum or (4) partition and
disaggregate. The system will ask the licensee if the application
involves partitioning and/or disaggregation of geographic licenses and
prompt the licensee to select the licenses involved in the assignment.

-   If all of the channels and the entire geographic service area are
    being swapped or assigned, an application for full assignment of the
    license should be filed.

-   If some, but not all, of the channels on the license are being
    swapped or assigned, an application to disaggregate spectrum should
    be filed.

-   If the licensee is swapping or assigning only a portion of its
    service area, an application to partition the service area should be
    filed.

Licensees that hold a license with a BTA geographic service area can
partition by county or by undefined geographic area. Licensees that hold
a license with a P35 geographic service area can partition by undefined
geographic area only. When partitioning an undefined geographic area,
the licensee must enter the coordinates of locations that describe the
periphery of the geographic area to be partitioned.[^9] A maximum of 300
geographic points can be entered to define the area. The geographic
points must be specified in degrees, minutes, and seconds to the nearest
second of latitude and longitude and must be based upon the 1983 North
American Datum (NAD83).[^10] A separate file containing the geographic
points may be uploaded into ULS. The file may be uploaded from the
"Partitioning and Disaggregation Information - Review Coordinates" page.

**Notification of Consummation**

After the FCC has consented to an assignment application, the assignee
has 180 days to consummate the transaction and electronically file a
Notification of Consummation using FCC Form 603 and Schedule D. If a
Notification of Consummation is not filed in a timely manner, the
assignment application will be dismissed.

The assignee may initiate the notification by selecting **Consented To**
from the "My Applications" screen. To file the notification, the
assignee should select **Notify the FCC** from the "Application at a
Glance" screen. The assignee should then select **C - Notification of
Consummation Assignment of Authorization or Transfer of Control** as the
purpose of the application.

In addition to filing the Notification through ULS, the assignee also
should email the contacts listed below when the Notification is being
filed, so that the Bureau can make the appropriate manual intervention
to ensure that the resulting authorizations are licensed in the correct
radio service.

**License Holdings after the Completion of Channel Swaps**

The information below describes how licenses or parts of licenses are
transferred as a result of a channel swap between the BRS and EBS
services.

-   For a full assignment, the license and original call sign(s) will be
    held by the assignee once the application is consummated.

-   For a partition or disaggregation, a new call sign will be issued to
    the assignee for the partitioned area and/or disaggregated spectrum.
    The partitioned service area and/or disaggregated spectrum will be
    removed from the assignor's license, which will retain its original
    call sign(s).

-   If the licensee disaggregates all of its spectrum over the entire
    geographic service area, the assignor's license will terminate when
    the application is consummated, and the assignee will be issued a
    new call sign (or signs).

-   If a license is partitioned by an undefined service area, **as
    described on the instructions to FCC Form 603**, the resulting
    license will have an undefined service area. If a licensee creates
    an undefined service area to coincide with the assignee's licensed
    GSA, we will allow the assignee to consolidate its call signs after
    the transaction is consummated and the new call sign is created.
    This can be done by filing a minor modification to the existing P35
    call sign to add the disaggregated spectrum. The licensee must
    include an attachment to the modification application indicating
    that it is a consolidation of call signs and certifying that the
    undefined service area overlays the licensee's GSA. The partitioned
    license will be terminated by the Commission upon grant of the minor
    modification.

    **Further Information**

For additional information or assistance, go to
[http://esupport.fcc.gov]{.underline}. You may also call the FCC

Support Center at (877) 480-3201 (TTY 202-414-1255) and select Option
#2, Forms or Licensing

Assistance. Hours are from 8:00 a.m. to 7:00 p.m. Eastern Time, Monday
through Friday (except Federal holidays). To provide quality service and
ensure security, all telephone calls are recorded. For further
information concerning licensing procedures for these services, please
contact Elizabeth Fishel at (717)338-2649,
[Elizabeth.Fishel@fcc.gov]{.underline} or Mary Shultz at (717)338-2656,
[Mary.Shultz@fcc.gov]{.underline}, Broadband Division, Wireless
Telecommunications Bureau.

[^1]: 47 C.F.R. § 27.5(i).

[^2]: *See* 47 C.F.R. 27.1214(b)(2) ("In addition, an EBS entity
    receiving interference protection will continue to receive such
    protection if it elects to swap channels with another EBS or BRS
    station.")

[^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, WT Docket No. 03-66, *et al.*, *Order on
    Reconsideration and Fifth Memorandum Opinion and Order and Third
    Memorandum Opinion and Order and Second Report and Order*, FCC 06-46
    (rel. Apr. 27, 2006) at ¶ 122. *See also* revised 47 C.F.R. §
    27.5(i)(3)("During the transition . . . EBS and BRS licensees may
    exchange channels to effectuate the transition of the 2.5 GHz band
    in a given BTA.").

[^4]: 71 Fed. Reg. 35178 (Jun. 19, 2006).

[^5]: *See* 47 C.F.R. § 1.913(b).

[^6]: *See* 47 C.F.R. § 1.948(c).

[^7]: *See* 47 C.F.R. § 27.1203.

[^8]: *See* 47 C.F.R. § 1.948(j)(1).

[^9]: *See* FCC Form 603, Schedule C, Instructions.

[^10]: *See* Amendment of Parts 0, 1, 12, 22, 24, 26, 27, 80, 87, 90,
    95, 97, and 101 of the Commission\'s Rules to Facilitate the
    Development and Use of the Universal Licensing System in the
    Wireless Telecommunications Services, *Report and Order*, WT Docket
    No. 98-20, 13 FCC Rcd 21027, 21084-86 ¶¶ 125-132 (1998).