**DA 07-1648**

**Released: April 6, 2007**

**PUBLIC SAFETY AND HOMELAND SECURITY BUREAU CLARIFIes**

**THE rights of 800 MHz public safety licensees**

**ELECTING to remain in the 800 MHz Expansion band**

**WT Docket No. 02-55**

By this Public Notice, the Public Safety and Homeland Security Bureau
(PSHSB) clarifies the rights of public safety entities holding
authorizations in the 800 MHz Expansion Band and who have elected to
remain on their current channel(s).

In the *800 MHz Report and Order*, the Commission designated the
815-816/860-861 MHz segment of the 800 MHz band as the Expansion Band
and stated that it intended this segment to be used by
interference-resistant non-cellular systems that would not be adversely
affected by ESMR and other cellular-architecture systems operating on
frequencies above 816/861 MHz.[^1] Entities holding public safety
authorizations in the Expansion Band were given the option of remaining
on their current Expansion Band channels or relocating to less
interference-prone channels below the Expansion Band at Sprint Nextel's
expense.[^2] To accommodate public safety licensees exercising their
option to relocate, the Commission reclassified twelve SMR channels
located below the Expansion Band as public safety channels. The
Commission also reclassified the twelve public safety channels in the
Expansion Band as SMR channels, but allowed public safety licensees to
remain on those channels notwithstanding their reclassification.[^3]
Some public safety entities have exercised that option.

Certain public safety entities that have elected to remain in the
Expansion Band have expressed concern about their ability to modify
their facilities, *e.g.* to expand coverage contours or add channels,
given that the former public safety channels in the Expansion Band have
been reclassified as SMR channels. Some have filed requests for waiver
seeking intercategory sharing or other relief that would allow them to
implement their proposed modifications. To address these concerns, we
clarify that:

-   Public safety entities that have elected to maintain their
    authorizations on a channel or channels in the Expansion Band may
    apply for modification of those authorizations on those channel(s)
    including expansion of coverage contours, without the need to
    request a rule waiver.

-   The Commission will also consider requests from public safety
    applicants wishing to add Expansion Band channels to their current
    Expansion Band facilities if the application is accompanied by a
    request for intercategory sharing[^4] or other relief that would
    permit use of channels designated for other services.

-   Requests for expansion of contours or addition of channels in the
    Expansion Band must comply with the applicable rules governing
    minimum spacing between co-channel stations.[^5]

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]: *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, 15053 ¶¶
    154-155 (2004).

[^2]: *Id*.

[^3]: *Id*.

[^4]: In general, intercategory sharing requests require a demonstration
    that no other suitable public safety channels are available to the
    applicant. *See* 47 C.F.R. § 90.617(d).

[^5]: *See* 47 CFR § 90.621(b).