**DA 08-2123**

**September 19, 2008**

**INITIATION PLAN FILED IN WT DOCKET NO. 06-136**

By this Public Notice, the Wireless Telecommunications Bureau (Bureau)
announces the filing of an Initiation Plan by American Telecasting
Development, Inc. a wholly-owned subsidiary of Sprint Nextel Corporation
(collectively "Sprint Nextel"), regarding the transition of the
2500-2690 MHz band.

On July 29, 2004, the Commission released a *Report and Order and
Further Notice of Proposed Rulemaking* (*BRS/EBS R&O and FNPRM*) that
revamped the rules and policies governing the licensing of services in
the 2500-2690 MHz MDS/ITFS band.[^1] In particular, the Commission
adopted a new band plan that restructures the 2500-2690 MHz band into
upper and lower-band segments for low-power operations (UBS and LBS,
respectively), and a mid-band segment (MBS) for high-power operations.
The Commission also adopted a transition plan for relocating Educational
Broadband Service (EBS) licensees and Broadband Radio Service (BRS)
licensees from their current channel locations to their new spectrum
blocks in the LBS, MBS, or UBS. Specifically, the transition occurs in
the following five phases: (1) initiating the transition process by
filing an Initiation Plan with the Commission; (2) planning the
transition; (3) reimbursing the costs of the transition; (4) terminating
existing operations in transitioned markets; and (5) completing the
transition by filing the Post-transition Notification with the
Commission and sending a copy to all affected BRS and EBS licensees.[^2]

On April 27, 2006, the Commission released a *Third Memorandum Opinion
and Order and Second Report and Order* (*BRS/EBS 3^rd^ MO&O*) that,
among other things, revised the transition area size from Major Economic
Areas (MEAs) to Basic Trading Areas (BTAs). [^3] The Commission also
determined that the transition can be undertaken by multiple proponents,
and that the first entity to file an Initiation Plan with the Commission
is the proponent for a given BTA.[^4] Therefore, the first entity to
file an Initiation Plan with the Commission shall automatically be
designated as the proponent for a given BTA at the time it files,
without any action required by the Commission or the Bureau, and the
90-day Transition Planning Period for that BTA shall begin on the day
after the proponent files the Initiation Plan.[^5] In order to
facilitate the availability of information for BRS and EBS licensees and
lessees, however, the Commission directed the Bureau to release a Public
Notice indicating when Initiation Plans have been filed with the
Commission.[^6] Entities that wish to file Initiation Plans under the
rules set forth in the *BRS/EBS* *3rd MO&O* must file on or after July
19, 2006, the date these rules became effective, and before January 19,
2009.[^7]

The Initiation Plan listed in the Appendix to this Public Notice was
filed as described in the Appendix. Our records indicate that American
Telecasting Development, Inc is the proponent for the BTA as of the date
the Initiation Plan was filed.

Copies of the Initiation Plan listed above, as well as other documents
filed in WT Docket No. 06-136, may be obtained from Best Copy and
Printing, Inc. in person at 445 12th Street, S.W., Room CY-B402,
Washington, D.C. 20554, via telephone at (202) 488-5300, via facsimile
at (202) 488-5563, or via e-mail at fcc@bcpiweb.com. These documents are
also available for public inspection and copying during normal reference
room hours at the following Commission office: FCC Reference Information
Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The
documents are also available electronically through the Commission's
ECFS, under WT Docket No. 06-136, which may be accessed on the
Commission's Internet website at http://www.fcc.gov.

> By the Chief, Broadband Division, Wireless Telecommunications Bureau.
>
> -- FCC --
>
> **APPENDIX -- INITIATION PLANS FILED**

  -------- -------------------------- ------------------------- -----------
  Number   BTA Name                   Proponent                 Date Filed

  BTA255   Lima, OH                   American Telecasting      8/1/2008
                                      Development, Inc.         
  -------- -------------------------- ------------------------- -----------

[^1]: *See* 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, *Report and Order and Further Notice of
    Proposed Rulemaking,* WT Docket No. 03-66, 19 FCC Rcd 14165 (2004)
    (*BRS/EBS R&O* and *FNPRM* as appropriate).

[^2]: *Id.* at 14198 ¶ 74.

[^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, *Third Memorandum Opinion and Order and Second
    Report and Order,* WT Docket No. 03-66, 21 FCC Rcd 5606, 5642 ¶ 65
    (2006) (*BRS/EBS* *3rd MO&O)*.

[^4]: *Id*, 21 FCC Rcd at 5652 ¶¶ 91-92; 47 C.F.R. §§ 27.1231(c),
    27.1231(f).

[^5]: *BRS/EBS* *3rd MO&O*, 21 FCC Rcd at 5652-5653, 5659 ¶¶ 93, 107.
    *See also* 47 C.F.R. § 27.1232.

[^6]: *BRS/EBS* *3rd MO&O*, 21 FCC Rcd at 5653 ¶ 93.

[^7]: *See* 71 Fed. Reg. 35178 (June 19, 2006); *BRS/EBS* *3rd MO&O*, 21
    FCC Rcd at 5658 ¶ 106; 47 C.F.R. §§ 27.1231(f).