**DA 07-1542**

**Released: March 30, 2007**

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

**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
non-NPSPAC (Stage 1) licensees in Wave 4 of the 800 MHz Transition
Administrator's (TA) band reconfiguration schedule by 90 days from April
2, 2007 to July 1, 2007, and postpones the beginning of the mediation
period for such licensees until July 2, 2007.[^1] As we have noted in
prior public notices, rebanding of border area licensees in this wave is
affected by ongoing international discussions on US-Canada and US-Mexico
border issues.[^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, 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 extends the filing freeze on new applications in Wave 4,
Stage 1 border areas until thirty working days after the new July 1,
2007 date for completion of negotiations, *i.e*., until August 13,
2007.[^3] 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, Stage 1 border area licensees 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 26, 2006 *STA Guidance
PN*.[^4] Facilities that are authorized under the STA procedures will be
subject to rebanding, and Sprint Nextel will pay the cost of relocating
such facilities to their new channel assignments.[^5]

The extension of negotiations and the application freeze do 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. This extension also does not affect other
interim benchmarks or the Commission's 36-month deadline for completion
of rebanding.

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

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

-   FCC --

[^1]: The TA's band reconfiguration schedule may be viewed at
    [www.800ta.org](http://www.800ta.org/).

[^2]: *See* 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*, 21
    FCC Rcd 6267 (PSHSB 2006). PSHSB previously extended the negotiation
    period for this wave from January 2, 2007 to April 2, 2007. 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 the 800 MHz Band Reconfiguration,
    *Public Notice*, 21 FCC Rcd 14990 (PSHSB 2006).

[^3]: *See* Wireless Telecommunications Bureau Outlines Application
    Freeze Process for Implementation of 800 MHz Band Reconfiguration,
    *Public Notice*, 20 FCC Rcd 8905 (WTB 2005).

[^4]: *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)
    (*STA Guidance PN*).

[^5]: *Id.* at 3.