**DA 05-1546**

**May 27, 2005**

**Wireless Telecommunications Bureau ANNOUNCES THAT 800 MHz band
reconfiguration will COMMENCE JUNE 27, 2005, in the npspac regions
ASSIGNED TO WAVE 1 AND SPECIFIES 800 MHZ RECONFIGURATION BENCHMARK
COMPLIANCE DATES**

**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.[^1] As
specified in the *Report and Order*, the band reconfiguration process is
being overseen by a Transition Administrator (TA)[^2] 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.[^3] On March 11, 2005, the
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.[^4]

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.[^5] Each
such Public Notice will specify 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.[^6] The voluntary negotiation period would be
followed by a three-month mandatory negotiation period, if
necessary.[^7] The Commission also 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
voluntary negotiation of relocation agreements must be concluded.[^8]
The Commission explained that this freeze is necessary in order to
maintain a stable spectral landscape during the reconfiguration process
in each region.[^9] Finally, the Commission noted that the start date
for reconfiguration in the first NPSPAC region will also be the start
date for computation of two interim reconfiguration benchmarks (eighteen
and thirty months) and the start date for determining when
reconfiguration must be completed (thirty-six months).[^10] The
Commission delegated authority to issue these Public Notices to the
Public Safety and Critical Infrastructure Division of the Wireless
Telecommunications Bureau.[^11]

By this *Public Notice*, we announce that the 800 MHz band
reconfiguration process for non-NPSPAC channels will start June 27,
2005, in the NPSPAC regions assigned to Wave 1.[^12] A list of NPSPAC
regions assigned to Wave 1 is attached to this *Public Notice*.[^13]
Therefore, the three-month period during which non-NPSPAC 800 MHz
licensees have the option of negotiating on a voluntary basis

will end September 26, 2005, followed by a the three-month mandatory
negotiation period that will end December 26, 2005.[^14]

We also announce by this *Public Notice* that, effective immediately, we
are freezing the filing of 800 MHz applications for non-NPSPAC channels
in Wave 1.[^15] The freeze applies to stations located in either (1) one
of the NPSPAC regions assigned to Wave 1 or (2) an adjacent region but
within 70 miles of the border of one of the Wave 1 regions.[^16] This
freeze is effective on the release date of this *Public Notice* and will
last until thirty working days[^17] after the date for completion of
mandatory negotiations as specified above, *i.e*., until February 8,
2006. The freeze does not apply to modification applications filed to
implement 800 MHz band reconfiguration, modification applications filed
that do not change a 800 MHz frequency or expand a 800 MHz station's
existing coverage area (*e.g.,* administrative updates),
assignments/transfers, or renewal-only applications.[^18]

The release date of this *Public Notice* also establishes the eighteen,
thirty and thirty-six month reconfiguration benchmark compliance dates
as defined in the *Report and Order* and *Supplemental Order.*[^19]
Therefore, we announce that Nextel must (1) relocate all but Nextel and
SouthernLINC incumbents from Channels 1-120 in the first twenty NPSPAC
regions scheduled for reconfiguration and (2) initiate retuning
negotiations with all NPSPAC licensees in those same regions[^20] by
December 26, 2006, (eighteen month benchmark) and that all applicable
systems must have commenced reconfiguration by December 26, 2007 (thirty
month benchmark). The 800 MHz band reconfiguration must be completed by
June 26, 2008 (thirty-six month benchmark).

Finally, 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 Critical Infrastructure Division, Wireless
Telecommunications Bureau, at (202) 418-0680, TTY (202) 418-7233, or via
e-mail to <Roberto.Mussenden@fcc.gov>.

Action by the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau.

-   FCC --

> **APPENDIX**
>
> **NPSPAC Regions Assigned to Wave 1**

+-------------------+--------------------------------------------------+
| > NPSPAC Region   | Description of Region^1^                         |
+-------------------+--------------------------------------------------+
| 6                 | California (Northern)                            |
+-------------------+--------------------------------------------------+
| 7                 | Colorado                                         |
+-------------------+--------------------------------------------------+
| 8                 | NY City area (NY, NJ, & CT)                      |
+-------------------+--------------------------------------------------+
| 11                | Hawaii                                           |
+-------------------+--------------------------------------------------+
| 13                | Illinois (except Southern Lake Michigan          |
|                   | counties)                                        |
+-------------------+--------------------------------------------------+
| 14                | Indiana (except Southern Lake Michigan counties) |
+-------------------+--------------------------------------------------+
| 19                | New England                                      |
+-------------------+--------------------------------------------------+
| 20                | Maryland, Northern VA & DC                       |
+-------------------+--------------------------------------------------+
| 27                | Nevada                                           |
+-------------------+--------------------------------------------------+
| 28                | Eastern PA, DE & Southern NJ                     |
+-------------------+--------------------------------------------------+
| 35                | Oregon                                           |
+-------------------+--------------------------------------------------+
| 41                | Utah                                             |
+-------------------+--------------------------------------------------+
| 42                | Virginia                                         |
+-------------------+--------------------------------------------------+
| 45                | Wisconsin (except Southern Lake Michigan         |
|                   | counties)                                        |
+-------------------+--------------------------------------------------+
| 54                | Southern Lake Michigan (MI, WI, IL, & IN)^2^     |
+-------------------+--------------------------------------------------+
|                   |                                                  |
+-------------------+--------------------------------------------------+
| \*                | Large non-public safety systems that cover       |
|                   | multiple NPSPAC regions^3^                       |
+-------------------+--------------------------------------------------+

^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).

^2^ The counties in Michigan in Region 54 will be in Wave 4 because of
border area issues. *See* TA Plan.

^3^ Large non-public safety systems that provide coverage beyond the
border of NPSPAC regions in Wave 1 will have their entire system,
including base stations located outside the boundaries of Wave 1 NPSPAC
regions, reconfigured as part of the Wave 1 reconfiguration process.

[^1]: *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*).

[^2]: The Transition Administrator was recommended by a search committee
    made up of representatives of the five major stakeholders in the 800
    MHz band, Nextel Communications, Inc. (Nextel), the Association of
    Public Safety Communications Officials-International (APCO), the
    Industrial Telecommunications Association (ITA), Southern LINC and
    the United Telecom Council (UTC). *See Report and Order*, 19 FCC Rcd
    at 15070-75 ¶¶ 190-200. The Bureau concurred in the search
    committee's recommendation that the Transition Administrator be
    comprised of a three-organization team made up of BearingPoint,
    Squire-Sanders-Dempsey LLP, and Baseline Telecom, Inc. *See*
    Wireless Telecommunications Bureau Concurs with Search Committee
    Selection of a Transition Administrator, *Public Notice*, 19 FCC Rcd
    21923 (WTB, PSCID 2004). Additional information on the TA can be
    found on its web page -- [www.800ta.org]{.underline}.

[^3]: On January 31, 2005, the TA filed a plan containing a general
    schedule for implementing 800 MHz band reconfiguration. *See*
    Regional Prioritization Plan of the 800 MHz Transition
    Administrator, WT Docket No. 02-55, filed January 31, 2005 (*TA
    Plan*). The TA later amended the plan to specify a date certain for
    commencement of Wave 4. *See* letter dated February 18, 2005, from
    Robert B. Kelly, Squire, Sanders & Dempsey to Michael J. Wilhelm
    Chief, Public Safety and Critical Infrastructure Division, Wireless
    Telecommunications Bureau, FCC. The TA's band reconfiguration
    schedule may be viewed at [www.800ta.org]{.underline}.

[^4]: *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*).

[^5]: *See* 47 C.F.R § 90.677(b) and *Report and Order*, 19 FCC Rcd
    15076 ¶ 201. *See also TA Plan PN* at 2.

[^6]: See 47 C.F.R. § 90.677(b).

[^7]: See 47 C.F.R. § 90.677(c).

[^8]: *See Report and Order*, 19 FCC Rcd 15078 ¶ 204.

[^9]: *See Report and Order,* 19 FCC Rcd 15078 ¶ 204. *See also
    Supplemental Order*, 19 FCC Rcd 25158-59 ¶ 87. The Bureau has
    provided additional information regarding the processing of 800 MHz
    applications during reconfiguration and indicated that there will be
    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
    (*Two Freeze PN*).

[^10]: Under the first interim benchmark, Nextel must relocate all but
    Nextel and SouthernLINC incumbents from Channels 1-120 in the first
    twenty NPSPAC regions scheduled for reconfiguration and initiate
    retuning negotiations with all NPSPAC licensees in these regions
    within eighteen months. *See Supplemental Order,* 19 FCC Rcd
    25143-44 ¶ 53. Under the second interim benchmark, all 800 MHz
    licensees subject to reconfiguration must have commenced
    reconfiguration within thirty months. *See Report and Order*, 19 FCC
    Rcd 15076 ¶ 201. The final benchmark, thirty-six months, is the date
    by which 800 MHz reconfiguration must be completed. *Id.*

[^11]: *See Report and Order*, 19 FCC Rcd 15076 ¶ 201.

[^12]: For the purposes of this *Public Notice*, non-NPSPAC channels are
    those channels in the 806-817/851-862 MHz band. For the purposes of
    reconfiguration, this group generally will consist of 800 MHz band
    licensees on Channels 1-120 (806-809/851-854 MHz).

[^13]: *See also* *TA Plan PN* Appendix for NPSPAC regions in Wave 1.

[^14]: In the *Supplemental Order,* the Commission established two
    negotiation periods (voluntary and mandatory), one for non-NPSPAC
    licensees and the second for NPSPAC licensees (stations operating in
    the 821-824/866-869 MHz band). *See Supplemental Order*, 19 FCC Rcd
    25143-44 ¶¶ 52-53. Also, in the *TA Plan PN*, the Commission stated
    that it concurred with the TA's recommendation for separate
    negotiation periods for NPSPAC and non-NPSPAC licensees in each
    wave. *See TA Plan PN* at 2. We will issue a separate public notice
    to start the reconfiguration process in regions in Wave 1 for NPSPAC
    channels.

[^15]: We will freeze the filing of applications for 800 MHz NPSPAC
    frequencies in the regions in Wave 1 in the Public Notice announcing
    the start of the voluntary and mandatory negotiation periods for
    NPSPAC licensees. *See* *Two Freeze PN*. *See also*, n.Error:
    Reference source not found *supra*.

[^16]: 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.

[^17]: The computation of working days in this specific case does not
    include weekends or federal holidays.

[^18]: *See* *Report and Order*, 19 FCC Rcd 15078 ¶ 204.

[^19]: *See* n. 10, *supra.*

[^20]: *See Supplemental Order*, 19 FCC Rcd 25143-44 ¶ 53.