Lawrence R. Krevor

Vice President -- Spectrum

James B. Goldstein

Director, Spectrum Reconfiguration

Sprint Nextel Corporation

2001 Edmund Halley Drive

Reston, VA 20191

> Re: Sprint Nextel Request for Amendment of 800 MHz EA Licenses to
> Include 821-824/866-869 MHz, WT Docket 02-55

Dear Mr. Krevor and Mr. Goldstein:

This letter responds to the March 25, 2008 request of Sprint Nextel
Corporation (Sprint) that we update the Commission licensing database
and reissue three of Sprint's 800 MHz Economic Area (EA) licenses
(WPOH337, WPOH340, and WPOH370) to specify Sprint's right to operate in
the 821-824/866-869 MHz band in National Public Safety Advisory
Committee (NPSPAC) Region 7 (Colorado).[^1] As discussed below, we will
update our database with respect to the three referenced Sprint Colorado
EA licenses to implement the Commission's action taken pursuant to the
2004 *800 MHz Report and Order*,[^2] subject to conditions specified
below that will ensure the continued protection of NPSPAC systems in the
region that have not yet relocated out of the 821-824/866-869 MHz band.
We also establish a process to govern future requests by Sprint that the
Commission further implement the *800 MHz Report and Order* by
authorizing Sprint's operations in the 821-824/866-869 MHz band in other
NPSPAC regions.

[Background]{.underline}

In its License Modification Request, Sprint contends that 800 MHz band
reconfiguration has reached the point "where an increasing number of
incumbent . . . NPSPAC licensees have either completed or are conducting
the physical retunes of their 800 MHz systems" from the 821-824/866-869
MHz band segment (old NPSPAC band) to new channel assignments in the
806-809/851-854 MHz band segment (new NPSPAC band).[^3] Sprint states
that to further the rebanding process, its EA licenses should be updated
to expressly authorize Sprint to commence operations in the old NPSPAC
band as it is vacated by public safety. Sprint asserts that the
Commission actually modified Sprint's licenses in the *800 MHz Report
and Order* to authorize such operation, but that "the purely
administrative act of updating Sprint Nextel's licenses has not yet
occurred."[^4] Sprint specifically asks that the Commission update
Sprint's EA licenses covering Region 7 to authorize operation in the old
NPSPAC band because numerous NPSPAC licensees in Region 7 have either
completed or soon will complete their relocation to the new NPSPAC
band.[^5] According to Sprint, updating of its EA licenses in this
manner will simplify the administrative process by enabling it to begin
operation in "white space" in the old NPSPAC band as it is vacated by
public safety.[^6]

Sprint also states that it "recognizes its responsibility" to avoid
causing new interference to public safety as it commences use of the old
NPSPAC channels.[^7] Sprint therefore proposes to undertake a series of
measures to protect NPSPAC incumbents in the region that have not yet
relocated out of the old NPSPAC band. These measures include
notification of incumbent licensees and the NPSPAC Regional Planning
Coordinator prior to commencing operations, maintaining co-channel and
adjacent-channel separation from NPSPAC incumbents still in the band,
compliance with interference protection rules applicable during the
transition, and prompt response to interference complaints under the
timelines and requirements mandated by the Commission.[^8]

On April 1, 2008, Colorado CallComm, Inc. (CallComm), an SMR licensee in
EA 141 in Colorado, filed a partial opposition to Sprint's request.[^9]
Specifically, CallComm requests that the Commission not authorize Sprint
to use the old NPSPAC band in EA 141 under station WPOH340, on the
grounds that so authorizing Sprint would prejudice CallComm's interest
in relocating to the same spectrum. CallComm states that it has not yet
reached an agreement with either the 800 MHz Transition Administrator
(TA) or Sprint regarding the replacement channels that will be assigned
to CallComm in the 800 MHz transition. CallComm states that it has asked
to be assigned replacement channels in the old NPSPAC band, and that
until this matter is resolved, the Commission should not permit Sprint
to operate in the old NPSPAC band in EA 141.[^10]

On April 11, 2008, Sprint replied to CallComm's opposition and urged the
Commission to reject CallComm's claim.[^11] Sprint argues that grant of
its request will not prejudice CallComm or any other licensee. Sprint
also contends that CallComm's filing is an "irrelevant attempt to gain
leverage" in its rebanding negotiations with Sprint.[^12] Sprint asserts
that the TA assigned CallComm replacement channels outside the old
NPSPAC band in 2007, that CallComm's objection to this assignment is
untimely, and that CallComm has never indicated an interest in being
retuned to channels in the old NPSPAC band.[^13]

[Discussion]{.underline}

We agree with Sprint that the *800 MHz Report and Order* contemplated
that Sprint would be allowed to relocate to vacated spectrum in the old
NPSPAC band as NPSPAC licensees relocate to the new NPSPAC band.[^14]
While the *800 MHz Report and Order* modified Sprint's licenses in
various respects pursuant to Section 316(a)(1) of the Communications
Act, as amended,[^15] the Commission did not update ULS to reflect
conditional authorization to operate in the old NPSPAC band
(821-824/866-869 MHz). Accordingly, we will implement the Commission's
modification and update the referenced Sprint licenses to authorize such
operation, subject to the conditions set forth below, including
protection of NPSPAC licensees that have not yet relocated as required
under its rebanding obligations. The Commission specifically
contemplated the need for such protection in the *800 MHz Second
Memorandum Opinion and Order*, when it granted the petition filed by
NPSPAC Region 8 (New York Metropolitan Area) requiring Sprint to
maintain adjacent channel as well as co-channel separation from NPSPAC
licensees during the transition.[^16] Sprint has offered to abide by
such conditions in its request, which we will impose with certain minor
modifications as specified below.

We deny CallComm's request that we not authorize Sprint to operate in
the old NPSPAC band in EA 141 under station WPOH340. The issues raised
by CallComm are not germane to the question of whether this license
should be updated to incorporate the 821-824/866-869 MHz band. Our
decision to implement the Commission's modification of Sprint's licenses
is without prejudice to any claim that CallComm may have that it should
receive replacement channels in this band from Sprint, nor does it
preclude Sprint from assigning such channels to CallComm in the future.
However, we make no determination here regarding CallComm's right to
assert such a claim or the merits of such a claim.

[Conditions]{.underline}

Sprint's authorization to operate in the 821-824/866-869 MHz band under
three EA licenses in Region 7 is hereby conditioned on its compliance
with the following:

1.  Sprint will provide appropriate co-channel protection to incumbent
    licensees pursuant to Section 90.621(b) of the Commission's
    co-channel protection rules.[^17]

2.  Sprint will provide adjacent-channel protection in accordance with
    the standard adopted by the Commission in the *800 MHz Second
    Memorandum Opinion and Order* based on the petition filed by NPSPAC
    Region 8 (New York Metropolitan Area).[^18]

3.  Sprint will not use and will protect the five nationwide mutual aid
    channels in the 821-824/866-869 MHz band in each NPSPAC region in
    which it operates until rebanding is complete in that region.

4.  At least 60 days prior to initiating service in the 821-824/866-869
    MHz band pursuant to its modified EA licenses, Sprint must provide
    written notification to every NPSPAC licensee in the affected NPSPAC
    region(s),[^19] at the contact address listed in ULS, that it
    intends to use its modified licenses to operate in the
    821-824/866-869 MHz band. In addition, Sprint must provide the same
    written notification to the Regional Planning Coordinator(s) for the
    affected NPSPAC region(s).

5.  Sprint will notify the administrator of the CTIA interference
    website of any new geographic areas in which Sprint deploys
    facilities in the 821-824/866-869 MHz band.[^20]

6.  In the event of an interference complaint, Sprint Nextel will
    strictly adhere to the Commission's mandated interference response
    timelines and requirements specified in Section 90.674 of the
    Commission's rules.[^21]

7.  Until the conclusion of band reconfiguration in the affected NPSPAC
    region(s), Sprint will protect public safety systems in the
    821-824/866-869 MHz band in accordance with the "interim"
    interference standard specified by the Commission in the *800 MHz
    Supplemental Order*.[^22] In addition, Sprint Nextel will employ the
    additional protection methods identified in the *800 MHz
    Supplemental Order* to protect public safety systems in the
    821-824/866-869 MHz band that do not meet the signal strength
    threshold under Commission's interim rule but that do meet the
    threshold under the Commission's final interference rules.[^23]

[Update of EA Licenses in Additional Regions]{.underline}

At such time as it seeks to commence operation in the old NPSPAC band in
other NPSPAC regions, Sprint may request equivalent update of additional
EA licenses covering such regions, provided that it agrees to accept the
conditions set forth in this letter on such licenses. Sprint may submit
such requests by letter filing in this docket, addressed to the Public
Safety and Homeland Security Bureau and the Wireless Telecommunications
Bureau. The Wireless Telecommunications Bureau will announce by Public
Notice those Sprint licenses that have been updated in the Commission's
licensing database to reflect conditional authorization to operate in
the 821-824/866-869 MHz band.

[Implementation]{.underline}

The Policy Division of the Public Safety and Homeland Security Bureau
Policy Division and the Mobility Division of the Wireless
Telecommunications Bureau will coordinate as necessary to implement the
actions specified in this letter.

> FEDERAL COMMUNICATIONS COMMISSION
>
> David L. Furth
>
> Associate Bureau Chief
>
> Public Safety and Homeland Security Bureau
>
> Joel D. Taubenblatt
>
> Acting Deputy Chief
>
> Wireless Telecommunications Bureau

cc: Russell H. Fox, Esq. (via e-mail)

Brett Haan (via e-mail)

Joseph P. Markoski (via e-mail)

[^1]: Letter from Lawrence R. Krevor, Vice President -- Spectrum, and
    James B. Goldstein, Director, Spectrum Reconfiguration, Sprint
    Nextel, to David Furth, Associate Bureau Chief, Public Safety and
    Homeland Security Bureau, Federal Communications Commission, March
    25, 2008 (License Modification Request).

[^2]: *See* Improving Public Safety Communications in the 800 MHz Band,
    WT Docket 02-55, *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]: License Modification Request at 1.

[^4]: *Id.* at 2.

[^5]: *Id*. The three EA licenses referenced in Sprint's request
    encompass all of Region 7 except for Sedgwick County, Colorado,
    which is part of EA 121. Therefore, we do not consider Sedgwick
    County to be encompassed by this request.

[^6]: *Id.*

[^7]: *Id.*

[^8]: *Id.* at 2-4.

[^9]: Letter from Russell Fox, Esq. to David Furth, Associate Bureau
    Chief, Public Safety and Homeland Security Bureau, Federal
    Communications Commission, April 1, 2008 (CallComm Opposition). No
    other party has opposed the Sprint request.

[^10]: *Id.*

[^11]: Letter from Lawrence R. Krevor, Vice President -- Spectrum and
    James B. Goldstein, Director, Spectrum Reconfiguration, Sprint
    Nextel, to David Furth, Associate Bureau Chief, Public Safety and
    Homeland Security Bureau, Federal Communications Commission, April
    11, 2008 (Sprint Reply).

[^12]: *Id.* at 2.

[^13]: *Id.*

[^14]: *See 800 MHz Report and Order*, 19 FCC Rcd at 15073-74 ¶ 198.

[^15]: 47 U.S.C. § 316(a)(1).

[^16]: Improving Public Safety Communications in the 800 MHz Band, WT
    Docket 02-55, *Second Memorandum Opinion and Order*, 22 FCC Rcd
    10467, 10486 (2007) ¶¶ 51-52 (*800 MHz Second Memorandum Opinion and
    Order*).

[^17]: *See* 47 C.F.R. §90.621(b).

[^18]: *See 800 MHz Second Memorandum Opinion and Order*, 22 FCC Rcd at
    10486 ¶¶ 51-52.

[^19]: Sprint must also notify NPSPAC licensees in adjacent regions
    whose facilities are within 70 miles of Sprint's proposed EA
    operations.

[^20]: The CTIA interference website is located at
    http://www.publicsafety800mhzinterference.com/CTIAWEB/index.aspx

[^21]: 47 C.F.R. §90.674.

[^22]: *See* Improving Public Safety Communications in the 800 MHz Band,
    WT Docket 02-55, *Supplemental Order*, 19 FCC Rcd 25120, 25137-38
    (2004) ¶ 39 (*800 MHz Supplemental Order*).

[^23]: *Id.*, 19 FCC Rcd at 25139-40 ¶ 42.