**DA 06-1939**

**October 2, 2006**

**Public safety and homeland security Bureau ANNOUNCES THAT 800 MHz band
reconfiguration will COMMENCE NOVEMBER 1, 2006, in the npspac regions
ASSIGNED TO WAVE 3 FOR NPSPAC CHANNELS**[^1]

**WT Docket No. 02-55**

In July 2004, the Federal Communications Commission (Commission) adopted
a *Report and Order* in this docket which, *inter alia*, reconfigured
the 800 MHz band to eliminate interference to public safety and other
land mobile communication systems operating in the band.[^2] As
specified in the *Report and Order*, the band reconfiguration process is
being overseen by a Transition Administrator (TA)[^3] which has provided
the Commission with a plan detailing when band reconfiguration will
commence in each of the fifty-five 800 MHz National Public Safety
Planning Advisory Committee (NPSPAC) regions.[^4] On March 11, 2005, the
Wireless Telecommunications Bureau approved the TA's basic 800 MHz band
reconfiguration schedule, *i.e.,* the grouping of the NPSPAC regions
into four waves (Waves 1-4) and starting the reconfiguration process in
each wave on the dates recommended by the TA.[^5]

As part of the 800 MHz band reconfiguration process*,* the Commission
stated that it would issue a Public Notice thirty days before
reconfiguration is scheduled to start in each NPSPAC region.[^6] Each
such Public Notice specifies a three-month voluntary negotiation period
during which time identified licensees in the regions being reconfigured
are encouraged to reach agreement with Nextel on the details of
relocating.[^7] The voluntary negotiation period is followed by a
three-month mandatory negotiation period, if necessary.[^8]

By this *Public Notice*, we announce that the 800 MHz band
reconfiguration process for NPSPAC channels will start November 1, 2006,
in the NPSPAC regions assigned to Wave 3.[^9] A list of NPSPAC regions
assigned to Wave 3 is attached to this *Public Notice*.[^10] The
three-month period during which NPSPAC 800 MHz licensees have the option
of negotiating on a voluntary basis will end January 31, 2007. The
three-month mandatory negotiation period will end April 30, 2007.

In the *Report and Order*, the Commission stated that it would freeze
the filing of certain 800 MHz applications for the regions being
reconfigured when it issued a Public Notice announcing the date when
negotiation of relocation agreements must be concluded.[^11] The
Commission explained that this freeze is necessary in order to maintain
a stable spectral landscape during the reconfiguration process in each
region.[^12] We also announce by this *Public Notice* that, effective
immediately, we are freezing the filing of 800 MHz applications for
NPSPAC channels in Wave 3. The freeze applies to stations located in all
of the NPSPAC regions assigned to Wave 3 and to stations within seventy
miles of the borders of the Wave 3 regions.[^13] This freeze is
effective on the release date of this *Public Notice* and will last
until thirty working days[^14] after the date for completion of
mandatory negotiations as specified above, *i.e*., until June 12, 2007.
The freeze does not apply to modification applications filed to
implement 800 MHz band reconfiguration, applications involving
administrative updates, assignments/transfers or renewal-only
applications.[^15]

We reiterate that, to facilitate the 800 MHz reconfiguration process,
the Commission has established the following new radio service codes for
licenses that list 800 MHz band frequencies governed by Part 90 of the
Commission's Rules:

Site specific licenses:

-   Public safety (conventional) -- GE

-   Public safety (trunked) -- YE

-   Business/Industrial/Land Transportation (conventional) -- GJ

-   Business/Industrial/Land Transportation (trunked) -- YJ

-   SMR (conventional) -- GM and GL (The GL code is used only for
    applications listing both 800 MHz and 900 MHz frequencies)

-   SMR (trunked) -- YM and YL (The YL code is used only for
    applications listing both 800 MHz and 900 MHz frequencies)

Geographic area licenses:

-   SMR, market area -- YH and CY (The CY code is used only for
    applications listing both 800 MHz and 1.9 GHz frequencies)

The Commission's Universal Licensing System (ULS) will automatically
update modification applications filed to implement 800 MHz band
reconfiguration to show the appropriate new radio service code (*i.e.*,
applicants should file using their current radio service codes). Once
the radio service code has been changed on the license by the
Commission, licensees filing subsequent applications concerning that
license must use the new radio service code.

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, including whether
your 800 MHz system must be relocated, 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., Public Safety and Homeland
Security Bureau, at (202) 418-0680, TTY (202) 418-7233, or via e-mail to
<Roberto.Mussenden@fcc.gov>.

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

-   FCC --

> **APPENDIX**
>
> **NPSPAC Regions Assigned to Wave 3**

+-------------------+--------------------------------------------------+
| > NPSPAC Region   | Description of Region^1^                         |
+-------------------+--------------------------------------------------+
| 1                 | Alabama                                          |
+-------------------+--------------------------------------------------+
| 9                 | Florida                                          |
+-------------------+--------------------------------------------------+
| 10                | Georgia                                          |
+-------------------+--------------------------------------------------+
| 18                | Louisiana                                        |
+-------------------+--------------------------------------------------+
| 23                | Mississippi                                      |
+-------------------+--------------------------------------------------+
| 31                | North Carolina                                   |
+-------------------+--------------------------------------------------+
| 37                | South Carolina                                   |
+-------------------+--------------------------------------------------+
| 47                | Puerto Rico                                      |
+-------------------+--------------------------------------------------+
| 48                | Virgin Islands                                   |
+-------------------+--------------------------------------------------+

^1^ Regions that are only a portion of a state or states are defined by
counties. A list of the counties in each of these regions can be
accessed at
[http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt](http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf).

Note: Per the TA's request, the Louisiana NPSPAC region (#18) was moved
from Wave 2 to Wave 3. *See* *Wave 2 PN*. The TA also moved the Puerto
Rico (#47) and US Virgin Islands (#48) regions from Wave 2 to Wave 3.
*See* TA Press Release, February 3, 2006.

.

[^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. *See*
    Establishment of the Public Safety and Homeland Security Bureau,
    *Order*, FCC 06-35, released September 25, 2006.

[^2]: *See* Improving Public Safety Communications in the 800 MHz Band,
    *Report and Order*, WT Docket No. 02-55, 19 FCC Rcd 14969 (2004)
    (*Report and Order*). *See also* *Supplemental Order and Order on
    Reconsideration*, WT Docket No. 02-55, 19 FCC Rcd 25120 (2004)
    (*Supplemental Order*). *See also, Memorandum Opinion and Order*, WT
    Docket No. 02-55, 20 FCC Rcd 16015 (2005).

[^3]: Additional information on the TA can be found on its web page --
    [www.800ta.org]{.underline}.

[^4]: The TA's band reconfiguration schedule may be viewed at
    [www.800ta.org]{.underline}.

[^5]: *See* Wireless Telecommunications Bureau Approves the Basic
    Reconfiguration Schedule Put Forth in the Transition Administrator's
    800 MHz Regional Prioritization Plan, *Public Notice*, DA 05-619,
    released March 11, 2005 (*TA Plan PN*). The schedule for Wave 3
    NPSPAC channels was later revised. *See* Wireless Telecommunications
    Bureau Announces Revision of the Start Date for Negotiations Between
    Sprint Nextel and NPSPAC Licensees Assigned to Waves 2 and 3 of the
    800 MHz Band Reconfiguration, *Public Notice*, DA 06-767, released
    March 31, 2006.

[^6]: *See* 47 C.F.R § 90.677(b) and *Report and Order*, 19 FCC Rcd
    15076 ¶ 201. *See also TA Plan PN* at 2.

[^7]: *See* 47 C.F.R. § 90.677(b).

[^8]: *See* 47 C.F.R. § 90.677(c).

[^9]: For the purposes of this *Public Notice*, NPSPAC channels are
    those channels in the 821-824/866-869 MHz band.

[^10]: *See also* *TA Plan PN* Appendix for NPSPAC regions in Wave 3.

[^11]: *See Report and Order*, 19 FCC Rcd 15078 ¶ 204.

[^12]: *See id*. *See also Supplemental Order*, 19 FCC Rcd 25158-59 ¶
    87. There are two separate application filing freezes for each
    region, one filing freeze for non-NPSPAC licensees and a separate
    freeze for NPSPAC licensees. *See* Wireless Telecommunications
    Bureau Outlines Application Freeze Process for Implementation of 800
    MHz Band Reconfiguration, *Public Notice*, DA 05-1340, released May
    11, 2005.

[^13]: Applicants may request an exception to the freeze pursuant to the
    waiver provisions in Section 1.925 of the Commission's Rules, 47
    C.F.R. § 1.925. Parties filing such a request should carefully
    review the rule's criteria for a waiver and must provide complete
    support, including but not limited to documentation demonstrating
    that they meet each prong of the waiver standard. *See* *Report and
    Order*, 19 FCC Rcd 15078 ¶ 204.

[^14]: The computation of working days in this specific case does not
    include weekends or federal holidays.

[^15]: *See* *Report and Order*, 19 FCC Rcd 15078 ¶ 204.