**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | WT Docket No. 02-55          |
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| Improving Public Safety          | ** |                              |
| Communications in the 800 MHz    |    |                              |
| Band                             | *  |                              |
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| Requests for Interim Waiver of   | ** |                              |
| the June 26, 2008 Rebanding      |    |                              |
| Deadline -- Wave 3 Public Safety | *  |                              |
| Regions                          | *) |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: June 17, 2008 Released: June 17, 2008**

By the Associate Chief, Public Safety and Homeland Security Bureau:

# Introduction

1.  In this order, by delegated authority, we act on multiple requests
    by 800 MHz public safety licensees in Wave 3[^1] for interim waiver
    of the June 26, 2008 deadline to allow the completion of rebanding
    planning, negotiation of Frequency Reconfiguration Agreements
    (FRAs), and the submission of final proposed rebanding schedules to
    the Commission.[^2] We grant these interim requests to the extent
    set forth below, conditioned on each licensee, if necessary, filing
    a supplemental waiver request by the date specified for the licensee
    in Appendix A of this order that includes a proposed implementation
    timetable.[^3]

# background

2.  In the *800 MHz Report and Order* and subsequent orders in this
    proceeding, the Commission ordered the rebanding of the 800 MHz band
    to resolve interference between commercial and public safety systems
    in the band.[^4] These orders mandate that 800 MHz licensees in
    non-border areas must complete their rebanding by June 26, 2008.[^5]
    However, the Commission has also established a waiver process for
    licensees that are unable to complete rebanding by the deadline, and
    has delegated authority to the Public Safety and Homeland Security
    Bureau (PSHSB) to act on such waiver requests.[^6]

3.  On January 17, 2008, the Commission released a *Public Notice* that
    established procedures and provided guidance for submission of
    requests to waive the deadline.[^7] The Commission recommended that
    licensees seeking waivers provide the Commission with a proposed
    timetable for completion of rebanding. However, the Commission also
    recognized that some licensees might be unable to propose a
    timetable because they had not yet negotiated their FRAs with
    Sprint. The Commission stated that such licensees should file
    interim waiver requests stating "when the licensee anticipates
    having an FRA and filing a final waiver request that will include a
    proposed timetable."[^8] The Commission set April 15, 2008 as the
    deadline for licensees in Wave 3 to submit either an interim or a
    final request.[^9]

## DISCUSSION

4.  The Commission has stated that requests for waiver of the June 26,
    2008 deadline "will be subject to a high level of scrutiny.
    Licensees will be expected to demonstrate that they have worked
    diligently and in good faith to complete rebanding expeditiously,
    and that the amount of additional time requested is no more than is
    reasonably necessary to complete the rebanding process."[^10] We
    have reviewed each of the Wave 3 interim waiver requests in
    accordance with this standard.

5.  We first address the licensees in Wave 3 that seek interim waivers
    to complete planning, negotiate their FRAs, and provide the
    Commission with their proposed timetables on or before July 18,
    2008.[^11] After review of these requests, we find that each of
    these licensees has demonstrated a sufficient level of diligence and
    good faith warranting grant of the requested interim waiver.
    Moreover, we find that the limited amount of time that each licensee
    seeks is no more than is reasonably necessary to complete the
    planning and negotiation process and submit a comprehensive waiver
    request with a proposed timetable. We therefore grant these interim
    requests, conditioned on each licensee filing a supplemental waiver
    request by the interim date specified in Appendix A that includes a
    proposed implementation timetable as set out in the *Waiver Guidance
    Notice*.[^12] The timetable should include proposed milestone dates
    for completion of (1) retuning, reflashing, and/or replacement of
    subscriber equipment (subscriber equipment deployment); (2) retuning
    of base stations to the licensee's new channel assignments and
    commencement of system operations on the new channels (system
    "cutover"); and (3) additional post-cutover system modifications
    (*e.g.*, disposal or return of temporary or legacy equipment,
    removal of pre-rebanding channels from subscriber units).[^13] Upon
    filing of a timely supplemental waiver request that meets these
    criteria, the interim relief granted by this order will extend until
    the Bureau acts on the request.

6.  Some licensees have requested interim waiver dates that are now
    past, but have not subsequently filed a proposed timetable or any
    other supplemental filings.[^14] We require those licensees to file
    a supplemental waiver request to the Bureau with a proposed
    timetable meeting the *Waiver Guidance Notice* criteria within 30
    days of the release of this order.

7.  We apply a higher level of scrutiny to those licensees in Wave 3
    that failed to specify interim dates or requested dates beyond July
    18, 2008 to complete their planning, FRA negotiations, and submit a
    waiver request to the Commission with a proposed timetable.[^15] We
    recognize that there are a variety of factors that may justify
    longer planning and negotiation periods for these licensees,
    including system size and complexity, coordination of planning
    issues with other licensees, and prior delays in the rebanding
    process outside the licensee's control. However, while we understand
    that the planning and FRA negotiation process can be complex and
    time-consuming, it is also important to the continued progress of
    rebanding in Wave 3 that these licensees expedite their efforts to
    develop proposed timetables for rebanding their systems. We also
    believe that by July 18, 2008, all of these licensees should be
    sufficiently far along with their planning to be able to provide
    projected milestone dates for completion of the major steps in the
    rebanding process.

8.  We therefore grant interim relief to each of these licensees,
    conditioned on the licensee submitting a supplemental waiver request
    by July 18, 2008 that includes a proposed rebanding timetable as set
    out in the *Waiver Guidance Notice*.[^16] As discussed above, the
    timetable should include proposed milestone dates for completion of
    subscriber equipment deployment, system cutover, and post-cutover
    system modifications.[^17] The timetable should also include the
    amount of additional time that the licensee estimates is reasonably
    required to complete planning and negotiate its FRA. Upon filing of
    a timely waiver request that meets these criteria, the interim
    relief granted by this order will extend until the Bureau acts on
    the request.

## ORDERING CLAUSE

9.  Accordingly, pursuant to the authority of Sections 0.191 and 0.392
    of the Commission's rules, 47 C.F.R. §§ 0.191, 0.392; Section 4(i)
    of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i),
    and Section 1.925 of the Commission's rules, 47 C.F.R. § 1.925, IT
    IS ORDERED that the requests for interim waiver of the June 26, 2008
    deadline submitted by the licensees listed in Appendix A of this
    order are GRANTED to the extent described herein.

> FEDERAL COMMUNICATIONS COMMISSION
>
> David L. Furth
>
> Associate Bureau Chief
>
> Public Safety and Homeland Security Bureau

**APPENDIX A**

**Region 1 (Alabama)**

  ---------------- -------------- -------------- -------------- --------------
  **Licensee**     **Call         **Date Interim **Interim      **Interim
                   Sign/Lead Call Waiver Request Extension Date Extension Date
                   Sign**         Filed**        Requested**    Granted**

  State of         WPBE569        April 15, 2008 September 1,   July 18, 2008
  Alabama, --                     (amended       2008           
  Dept. of Public                 requests dated                
  Safety                          May 1, 2008                   
                                  and May 16,                   
                                  2008)                         

  Birmingham, AL   WQEA798        April 15, 2008 June 26, 2008  June 26, 2008

  Calhoun County,  WPME714        April 9, 2008  May 15, 2008   30 days from
  AL (conventional                                              release of
  system)[^18]                                                  this Order

  Gadsden, AL[^19] WPGX740        April 15, 2008 July 15, 2008  July 15, 2008
                                  (amended                      
                                  request dated                 
                                  May 2, 2008)                  

  Hartselle,       WPYD883        April 15, 2008 June 16, 2008  30 days from
  AL[^20]                                                       release of
                                                                this Order

  Jefferson        WQEA798        April 15, 2008 June 26, 2008  June 26, 2008
  County, AL                                                    

  Mobile, AL[^21]  WNRE868        April 15, 2008 August 31,     July 18, 2008
                                  (amended       2008           
                                  request dated                 
                                  May 2, 2008)                  

  Mobile County,   WNUX634        April 15, 2008 September 1,   July 18, 2008
  AL                              (amended       2008           
                                  requests dated                
                                  April 16, 2008                
                                  and May 16,                   
                                  2008)                         

  Montgomery,      KNNM675        April 15, 2008 July 30, 2008  July 18, 2008
  Metro                           (amended                      
  Communications                  request dated                 
  Cooperative                     July 13, 2008)                
  District, AL                                                  

  Morgan County,   WPUW998        April 15, 2008 June 16, 2008  30 days from
  AL                                                            release of
                                                                this Order

  Washington       WQFA454        April 15, 2008 July 15, 2008  July 15, 2008
  County, AL[^22]                 (amended                      
                                  request dated                 
                                  May 1, 2008)                  
  ---------------- -------------- -------------- -------------- --------------

**Region 9 (Florida)**

  --------------- -------------- -------------- -------------- --------------
  **Licensee**    **Call         **Date Interim **Interim      **Interim
                  Sign/Lead Call Waiver Request Extension Date Extension Date
                  Sign**         Filed**        Requested**    Granted**

  Boynton Beach,  WNCE606        April 15, 2008 October 15,    July 18, 2008
  FL                                            2008           

  Charlotte       WPMJ856        June 9, 2008   September 30,  July 18, 2008
  County, FL                                    2008           

  Coral Gables,   WPCJ404        April 14, 2008 July 31, 2008  July 18, 2008
  FL                                                           

  Coral Springs,  WPGN656        April 15, 2008 June 1, 2008   30 days from
  FL                                                           release of
                                                               this order

  State of        WPXM822        April 10, 2008 July 16, 2008  July 16, 2008
  Florida                                                      

  Fort            WPDU560        April 17, 2008 April 1, 2009  July 18, 2008
  Lauderdale, FL                                               

  Greater Orlando WPGT579        April 15, 2008 September 16,  July 18, 2008
  Public Safety                                 2008           
  Cooperative                                                  

  Hialeah, FL     WPCT375        May 15, 2008   June 10, 2008  30 days from
                                                               release of
                                                               this Order

  Jacksonville,   WNFP698        April 15, 2008 July 31, 2008  July 18, 2008
  FL                                                           

  Lee County, FL, WNMD426        April 15, 2008 June 30, 2008  June 30, 2008

  Maitland, FL    WPPF736        April 15, 2008 September 30,  July 18, 2008
                                 (amended       2008           
                                 request dated                 
                                 May 27, 2008)                 

  Manatee County, WNKA279        April 15, 2008 June 30, 2009  July 18, 2008
  FL                                                           

  Martin County,  WPXP545        April 15, 2008 May 31, 2008   30 days from
  FL                                                           release of
                                                               this order

  Miami Shores,   WPGD548        April 15, 2008 August 1, 2008 July 18, 2008
  FL                                                           

  Miami Dade      WPGD547        April 15, 2008 August 1, 2008 July 18, 2008
  County, FL                     (amended                      
                                 request dated                 
                                 April 25,                     
                                 2008)                         

  Miramar, FL     KNJH368        April 15, 2008 February 28,   July 18, 2008
                                                2009           

  Monroe County,  WQBK905        April 15, 2008 July 31, 2008  July 18, 2008
  FL                                                           

  Ocala, FL       WPFX943        March 14, 2008 May 19, 2008   30 days from
                                 (amended                      release of
                                 request dated                 this Order
                                 May 16, 2008)                 

  Orange County,  WQEC250        April 15, 2008 September 30,  July 18, 2008
  FL                                            2008           

  Osceola County, WNXZ689        April 15, 2008 June 7, 2008   30 days from
  FL                                                           release of
                                                               this order

  Palm Beach,     WPKN352        April 9, 2008  June 3, 2008   30 days from
  County, - Board                                              release of
  of County                                                    this order
  Commissioners                                                

  Pensacola, FL   WPUB901        April 11, 2008 June 13, 2008  30 days from
                                                               release of
                                                               this Order

  Pinellas        WPWU779        April 15, 2008 June 30, 2008  June 30, 2008
  County, FL                                                   

  Plantation, FL  KNGK462        April 15, 2008 May 15, 2008   30 days from
                                                               release of
                                                               this Order

  Polk County, FL WPKY256        April 15, 2008 October 15,    July 18, 2008
                                                2008           

  Reedy Creek     WPTU288        April 15, 2008 August 20,     July 18, 2008
  Improvement                    (amended       2008           
  District, FL                   request dated                 
                                 June 6, 2008)                 

  Seminole        WNFW605        April 15, 2008 August 30,     July 18, 2008
  County, FL                     (amended       2008           
                                 requests dated                
                                 May 13, 2008,                 
                                 May 20, 2008,                 
                                 May 30, 2008,                 
                                 and June 16,                  
                                 2008)                         

  Tallahassee, FL WPBH782        April 15, 2008 August 26,     July 18, 2008
                                 (amended       2008           
                                 requests dated                
                                 May 24, 2008                  
                                 and June 4,                   
                                 2008)                         

  Volusia County, WPQC890        April 15, 2008 June 27, 2008  June 27, 2008
  FL                                                           

  Winter Park, FL WPDU261        April 15, 2008 September 30,  July 18, 2008
                                 (amended       2008           
                                 request dated                 
                                 May 27, 2008)                 
  --------------- -------------- -------------- -------------- --------------

**Region 10 (Georgia)**

  ------------------ -------------- -------------- -------------- --------------
  **Licensee**       **Call         **Date Interim **Interim      **Interim
                     Sign/Lead Call Waiver Request Extension Date Extension Date
                     Sign**         Filed**        Requested**    Granted**

  Atlanta, Police    KNNH557        April 14, 2008 30 days after  July 18, 2008
  Department, GA                                   TA approves    
                                                   FRA            

  Augusta-Richmond   WPIR959        April 15, 2008 60 days        July 18, 2008
  County, GA                                       following GA's 
                                                   completion of  
                                                   planning       

  Bulloch County, GA WPKV316        April 15, 2008 May 5, 2008    30 days from
                                    (amended                      release of
                                    request dated                 this Order
                                    May 7, 2008)                  

  Athens-Clarke      WPEZ656        April 15, 2008 July 31, 2008  July 18, 2008
  County, GA                        (amended                      
                                    requests dated                
                                    May 19, 2008                  
                                    and June 2,                   
                                    2008)                         

  Fulton County, GA  WNBN447        April 9, 2008  May 15, 2008   30 days from
                                                                  release of
                                                                  this Order

  Henry County, GA   WPQC993        April 15, 2008 August 15,     July 18, 2008
                                    (amended       2008           
                                    requests dated                
                                    May 19, 2008                  
                                    and June 9,                   
                                    2008)                         

  LaGrange County,   WPDB840        April 10, 2008 May 18, 2008   30 days from
  GA                                                              release of
                                                                  this Order

  Lowndes County, GA WPYU757        April 14, 2008 August 1, 2008 July 18, 2008
                                    (amended                      
                                    request dated                 
                                    May 30, 2008)                 

  Metropolitan       WQBZ553        April 8, 2008  May 30, 2008   30 days from
  Atlanta Rapid                                                   release of
  Transit Authority,                                              this Order
  GA                                                              

  Savannah, GA[^23]  WNYR748        April 14, 2008 July 7, 2008   July 7, 2008
  ------------------ -------------- -------------- -------------- --------------

**Region 18 (Louisiana)**

  ---------------- -------------- -------------- -------------- --------------
  **Licensee**     **Call         **Date Interim **Interim      **Interim
                   Sign/Lead Call Waiver Request Extension Date Extension Date
                   Sign**         Filed**        Requested**    Granted**

  Baton Rouge, LA  WPHH989        April 15, 2008 May 15, 2008   30 days from
                                                                release of
                                                                this Order

  Caddo Parish     WPSL571        April 10, 2008 May 31, 2008   30 days from
  Communications                                                release of
  District No. 1,                                               this Order
  LA                                                            

  Jefferson        KNNH513        April 15, 2008 June 16, 2008  30 days from
  Parish, LA                      (amended                      release of
                                  request dated                 this Order
                                  June 13, 2008)                

  Jefferson Parish WPGP268        April 11, 2008 July 1, 2008   July 1, 2008
  Sheriffs Office,                (amended                      
  LA[^24]                         request dated                 
                                  June 5, 2008)                 

  Lafayette Parish WNCD918        April 15, 2008 July 7, 2008   July 7, 2008
  Communications                                                
  District,                                                     
  LA[^25]                                                       

  Lake Charles, LA WNLR822        April 14, 2008 June 13, 2008  30 days from
                                  (amended                      release of
                                  request dated                 this Order
                                  June 13, 2008)                

  New Orleans,     WPDT285        April 9, 2008  November 1,    July 18, 2008
  Police Dept., LA                               2008           

  New Orleans Port WPHY866        April 15, 2008 June 30, 2008  June 30, 2008
  LA                                                            

  Opelousas,       WPLQ937        April 15, 2008 June 23, 2008  30 days from
  LA[^26]                         (amended                      release of
                                  request dated                 this Order
                                  June 13, 2008)                

  Pointe Coupee,   WPYM798        April 15, 2008 July 11, 2008  July 11, 2008
  Parish Sheriff,                                               
  LA                                                            

  Rapides Parish,  WNKE392        April 11, 2008 September 1,   July 18, 2008
  LA                                             2008           

  Saint Bernard    WQDG494        April 11, 2008 June 1, 2009   July 18, 2008
  Parish Sheriff's                                              
  Office, LA                                                    

  St. Charles      WPQB911        April 11, 2008 August 31,     July 18, 2008
  Parish, LA                      (amended       2008           
                                  request dated                 
                                  June 13, 2008)                

  St. James        WNBU763        April 11, 2008 August 31,     July 18, 2008
  Parish, LA                      (amended       2008           
                                  request dated                 
                                  June 13, 2008)                

  St. John the     WPLS666        April 11, 2008 August 31,     July 18, 2008
  Baptist Parish,                 (amended       2008           
  LA                              request dated                 
                                  June 13, 2008)                

  West Baton Rouge WQEH947        April 15, 2008 June 20, 2008  June 20, 2008
  Parish, LA                                                    
  ---------------- -------------- -------------- -------------- --------------

**Region 23 (Mississippi)**

  --------------- -------------- -------------- -------------- --------------
  **Licensee**    **Call         **Date Interim **Interim      **Interim
                  Sign/Lead Call Waiver Request Extension Date Extension Date
                  Sign**         Filed**        Requested**    Granted**

  Harrison        WPUF811        April 15, 2008 August 31,     July 18, 2008
  County, MS                     (amended       2008           
                                 request dated                 
                                 June 10, 2008)                

  Jackson,        WPGC422        April 14, 2008 June 13, 2008  30 days from
  MS[^27]                                                      release of
                                                               this Order

  Lee County, MS  WPQZ453        April 15, 2008 May 9, 2008    30 days from
                                                               release of
                                                               this Order

  State of        WPDU295        April 15, 2008 September 15,  July 18, 2008
  Mississippi -                  (amended       2008           
  Mississippi                    request dated                 
  State                          June 10, 2008)                
  University                                                   

  Rankin, MS      WPHY524        May 22, 2008   June 13, 2008  30 days from
                                                               release of
                                                               this Order

  Vicksburg, and  KNNH519        March 28, 2008 June 30, 2008  June 30, 2008
  Warren County,                                               
  MS                                                           
  --------------- -------------- -------------- -------------- --------------

**Region 31 (North Carolina)**

  ---------------- -------------- -------------- -------------- --------------
  **Licensee**     **Call         **Date Interim **Interim      **Interim
                   Sign/Lead Call Waiver Request Extension Date Extension Date
                   Sign**         Filed**        Requested**    Granted**

  Cary, NC         WNWY367        April 15, 2008 May 30, 2008   30 days from
                                                                release of
                                                                this Order

  Durham, NC       WPEM246        April 15, 2008 August 20,     July 18, 2008
                                  (amended       2008           
                                  request dated                 
                                  June 6, 2008)                 

  Fayetteville, NC WPFQ241        April 15, 2008 June 1, 2008   30 days from
                                                                the release of
                                                                this order

  Forsyth County,  WPUG757        April 14, 2008 August 1, 2008 July 18, 2008
  NC                                                            

  Greensboro, NC   WPKE469        April 14, 2008 November 1,    July 18, 2008
                                                 2008           

  Guilford County, WPKE469        April 14, 2008 November 1,    July 18, 2008
  NC                                             2008           

  Hickory, NC      WPBP600        April 9, 2008  August 22,     July 18, 2008
                                  (amended       2008           
                                  request dated                 
                                  May 29, 2008)                 

  Johnston County, WPUN604        April 15, 2008 May 30, 2008   30 days from
  NC                                                            release of
                                                                this Order

  Kernersville     WPQF382        April 7, 2008  June 15, 2008  30 days from
  County, NC                                                    release of
                                                                this Order

  Lenoir County,   WPBE627        April 9, 2008  June 6, 2008   30 days from
  NC                                                            release of
                                                                this order

  Mecklenburg      WNGU623        April 14, 2008 April 23, 2008 30 days from
  County, NC                      (amended                      release of
                                  request dated                 this Order
                                  May 7, 2008)                  

  Mint Hill, NC    WQCX284        April 7, 2008  May 15, 2008   30 days from
                                                                release of
                                                                this Order

  Mooresville, NC  WPYJ821        April 10, 2008 June 1, 2008   30 days from
                                                                release of
                                                                this Order

  New Bern, NC     WNNB505        April 9, 2008  September 30,  July 18, 2008
                                                 2008           

  New Hanover      WPHZ633        April 15, 2008 June 15, 2008  30 days from
  County, NC                                                    release of
                                                                this Order

  State of North   WPMU592        April 15, 2008 July 15, 2009  July 18, 2008
  Carolina Highway                                              
  Patrol[^28]                                                   

  Pineville, NC    WPYP433        April 7, 2008  May 15, 2008   30 days from
                                                                release of
                                                                this Order

  Pitt County, NC  WPGH941        April 9, 2008  June 30, 2008  June 30, 2008
                                  (amended                      
                                  request dated                 
                                  May 9, 2008)                  

  Raleigh-Durham   WPCP222        April 15, 2008 July 5, 2008   July 5, 2008
  Airport                                                       
  Authority, NC                                                 

  Rocky Mount, NC  KNIH425        April 9, 2008  August 15,     July 18, 2008
                                  (amended       2008           
                                  request dated                 
                                  May 27, 2008)                 

  Salisbury, NC    WNRI511        April 15, 2008 May 23, 2008   30 days from
                                                                release of
                                                                this Order

  Tarboro, NC      WNWT212        April 10, 2008 June 1, 2008   30 days from
                                                                release of
                                                                this order

  Thomasville, NC  WPJS587        April 7, 2008  June 1, 2008   30 days from
                                                                release of
                                                                this order

  Wake County,     WPYR985        April 15, 2008 July 15, 2009  July 18, 2008
  NC[^29]                                                       

  Winston-Salem,   WPUG757        April 14, 2008 August 1, 2008 July 18, 2008
  NC                                                            
  ---------------- -------------- -------------- -------------- --------------

**Region 37 (South Carolina)**

  -------------- -------------- -------------- -------------- --------------
  **Licensee**   **Call         **Date Interim **Interim      **Interim
                 Sign/Lead Call Waiver Request Extension Date Extension Date
                 Sign**         Filed**        Requested**    Granted**

  Beaufort       WNRA431        April 10, 2008 July 1, 2008   30 days from
  County, SC                    (amended                      release of
                                request dated                 this Order
                                June 13, 2008)                

  Florence       WNZI910        April 12, 2008 May 15, 2008   30 days from
  County, SC                                                  release of
                                                              this Order

  Horry County,  WNQK719        April 14, 2008 June 20, 2008  June 20, 2008
  SC                                                          

  Marion County, WPMK722        April 14, 2008 August 15,     July 18, 2008
  SC                                           2008           

  Myrtle Beach,  WPUE658        April 14, 2008 May 15, 2008   30 days from
  SC                                                          release of
                                                              this Order

  State of South KNNG864        April 10, 2008 January 31,    July 18, 2008
  Carolina                                     2009           

  Spartanburg    WPLZ536        April 15, 2008 August 15,     July 18, 2008
  County, SC                                   2008           

  Sumter, SC     WPPU514        April 13, 2008 June 20, 2008  June 20, 2008

  York County,   WQEF441        April 15, 2008 June 13, 2008  30 days from
  SC[^30]                                                     release of
                                                              this Order
  -------------- -------------- -------------- -------------- --------------

[^1]: Wave 3 includes the following NPSPAC Regions: Region 1 (Alabama),
    Region 9 (Florida), Region 10 (Georgia), Region 18 (Louisiana),
    Region 23 (Mississippi), Region 31 (North Carolina), Region 37
    (South Carolina), Region 47 (Puerto Rico) and Region 48 (US Virgin
    Islands). A list of all NPSPAC regions and their corresponding
    geographic areas can be found at
    [http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt](http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf).
    We will address waiver requests from Region 47 separately. We note
    that no NPSPAC licensee in Region 48 filed an interim waiver
    request.

[^2]: Waiver requests by Wave 3 licensees who have completed FRA
    negotiations and submitted proposed rebanding schedules will be
    addressed in a separate order. We also hold in abeyance the interim
    request of High Point, North Carolina, pending resolution of a
    related cost dispute involving High Point that is currently pending
    before the Bureau. We also hold in abeyance the waiver request of
    Calhoun County, Alabama with respect to its tone alert system, which
    we will address separately.

[^3]: On May 1, 2008, Sprint Nextel Corporation (Sprint) filed a request
    for waiver to remain temporarily on Channel 1-120 channels that are
    designated for assignment to NPSPAC licensees that receive waivers
    of the June 26, 2008 deadline. Request for Waiver by Sprint Nextel
    Corporation, filed May 1, 2008. We will address Sprint's waiver
    request separately.

[^4]: *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*); *Supplemental Order and Order on
    Reconsideration*, 19 FCC Rcd 25120 (2004) (*800 MHz Supplemental
    Order*); *Memorandum Opinion and Order*, 20 FCC Rcd 16015 (2005);
    *Second Memorandum Opinion and Order*, 22 FCC Rcd 10467 (2007);
    *Third Memorandum Opinion and Order*, 22 FCC Rcd 17209 (2007) (*800
    MHz 3rd MO&O*). The *800 MHz 3rd MO&O* was recently affirmed by the
    U.S. Court of Appeals. *Sprint Nextel Corporation v. FCC*, 524 F.3d
    253 (D.C. Cir. 2008).

[^5]: *800 MHz Report and Order*, 19 FCC Rcd at 15130, ¶ 347.
    "Non-border" licensees are Wave 1-3 licensees and those Wave 4
    licensees that have received rebanding frequency assignments from
    the 800 MHz Transition Administrator (TA). Licensees that have not
    received frequency assignments from the TA due to their proximity to
    the U.S. - Canada or U.S. - Mexico border are not subject to the
    June 26, 2008 deadline. The Bureau has established a separate
    rebanding timeline for the Canadian border region, Improving Public
    Safety Communications in the 800 MHz Band, *Second Report and
    Order*, WT Docket 02-55, 23 FCC Rcd 7605 (PSHSB 2008), and will
    establish a rebanding timeline for the Mexican border region at a
    later date.

[^6]: *800 MHz 3rd MO&O*, 22 FCC Rcd at 17223 ¶ 48.

[^7]: Federal Communications Commission Provides Guidance for Submission
    of Requests for Waiver of June 26, 2008 Deadline for Completion of
    800 MHz Rebanding, *Public Notice*, 23 FCC Rcd 664 (2008) (*Waiver
    Guidance Notice*).

[^8]: *Id.* at 666.

[^9]: *Id.* at 665.

[^10]: FCC Announces Supplemental Procedures and Provides Guidance for
    Completion of 800 MHz Rebanding, *Public Notice*, 22 FCC Rcd 17227,
    17232 (2007).

[^11]: *See* Appendix A.

[^12]: *See* *Waiver Guidance* Notice, 23 FCC Rcd at 665-666. We
    recommend that licensees use the template form developed by the TA
    to submit their supplemental waiver requests and supporting
    timetable information. The template is available at
    www.800ta.org/content/documents/rebanding_deadline_extension_process.asp.

[^13]: In some cases, licensees will continue to operate and support
    operations on the five nationwide mutual aid channels in the old
    NPSPAC band after they have completed their own system cutovers to
    the new NPSPAC band, and will maintain the old mutual aid channels
    until rebanding by all NPSPAC licensees in the region is complete.
    In such cases, we clarify that a licensee submitting a proposed
    timetable should specify dates relating to the rebanding of the
    licensee's own system (e.g., the licensee's own system cutover
    date), but is not required to specify a date for the rebanding of
    the five mutual aid channels.

[^14]: *See* Appendix A. These licensees are: Calhoun County, Alabama
    (conventional system); Hartselle, Alabama; Morgan County, Alabama
    (Region 1); Coral Springs, Florida; Hialeah, Florida; Martin,
    Florida; Ocala, Florida; Osceola, Florida; Palm Beach County,
    Florida; Pensacola, Florida; Plantation, Florida (Region 9); Bulloch
    County, Georgia; Fulton, Georgia; LaGrange County, Georgia;
    Metropolitan Atlanta Rapid Transit Authority, Georgia (Region 10);
    Baton Rouge, Louisiana; Caddo Parish, Louisiana; Jefferson Parish,
    Louisiana; Lake Charles, Louisiana; Opelousas, Louisiana (Region
    18); Jackson, Mississippi; Lee County, Mississippi; Rankin,
    Mississippi (Region 23); Cary, North Carolina; Fayetteville, North
    Carolina; Johnston County, North Carolina; Kernersville County,
    North Carolina; Lenoir County; North Carolina; Mecklenburg County,
    North Carolina; Mint Hill, North Carolina; Mooresville, North
    Carolina; New Hanover County, North Carolina; Pineville, North
    Carolina; Salisbury, North Carolina; Tarboro, North Carolina;
    Thomasville, North Carolina (Region 31); Beaufort, South Carolina;
    Florence, South Carolina; and Myrtle Beach, South Carolina, and York
    County, South Carolina (Region 37).

[^15]: *See* Appendix A. These licensees are: State of Alabama; Mobile,
    Alabama; Mobile County, Alabama; Washington County, Alabama (Region
    1); Boynton Beach, Florida; Charlotte County, Florida; Coral Gables,
    Florida; Fort Lauderdale, Florida; Greater Orlando Public Safety
    Cooperative, Florida; Jacksonville, Florida; Maitland, Florida;
    Manatee, Florida; Miami Shores, Florida; Miami-Dade County, Florida;
    Miramar, Florida; Monroe County, Florida; Orange County, Florida;
    Polk County, Florida; Reedy Creek Improvement District, Florida;
    Seminole County, Florida; Tallahassee, Florida; Winter Park, Florida
    (Region 9); Atlanta Police Dept., Georgia; Augusta-Richmond County,
    Georgia; Athens-Clarke, Georgia; Henry County, Georgia (Region 10);
    New Orleans Police Dept., Louisiana; Rapides Parish, Louisiana;
    Saint Bernard Parish Sheriff's Office, Louisiana; St. Charles
    Parish, Louisiana; St. James Parish, Louisiana; St. John the Baptist
    Parish, Louisiana (Region 18); Harrison County, Mississippi;
    Mississippi State University (Region 23); Durham, North Carolina;
    Forsyth County, North Carolina; Greensboro, North Carolina;
    Guildford County, North Carolina; Hickory, North Carolina; New Bern,
    North Carolina; North Carolina Highway Patrol; Rocky Mount, North
    Carolina; Wake County, North Carolina; Winston Salem, North Carolina
    (Region 31); Marion County, South Carolina; State of South Carolina;
    and Spartanburg County, South Carolina (Region 37).

[^16]: *See Waiver Guidance Notice*, 23 FCC Rcd at 665-666. Licensees
    may amend their waiver requests after July 18, 2008 to revise their
    proposed milestone dates should such revision be warranted based on
    subsequent developments (*e.g.*, scheduling information resulting
    from a subsequently negotiated FRA or a subsequent TA-sponsored
    Implementation Planning Session).

[^17]: *See* ¶ 5, *supra.*

[^18]: Calhoun County has also filed a waiver request with respect to
    its tone alert system, which we will address separately.

[^19]: Gadsden separately requested an extension of time to complete
    planning by May 15, 2008. We dismiss this request as moot.

[^20]: Hartselle separately requested an extension of time to complete
    planning by April 15, 2008. We dismiss this request as moot.

[^21]: Mobile separately requested an extension of time to complete
    planning by July 2, 2008. We dismiss this request without prejudice.

[^22]: Washington County separately requested an extension of time to
    complete planning by May 15, 2008. We dismiss this request as moot.

[^23]: Savannah separately requested an extension to complete planning
    by June 6, 2008, which it later amended to August 4, 2008. We
    dismiss this request as moot.

[^24]: Jefferson Parish Sheriffs Office (JSPO) filed a separate final
    waiver request to complete rebanding by September 30, 2009. Because
    that request does not supersede the instant interim waiver request,
    we will hold JPSO's final request in abeyance pending its submission
    of a proposed timetable.

[^25]: Lafayette Parish separately requested an extension to complete
    planning by July 12, 2008. We dismiss this request without
    prejudice.

[^26]: Opelousas separately requested an extension to complete planning
    by June 30, 2008. We dismiss this request without prejudice.

[^27]: Jackson separately requested an extension to complete planning by
    April 14, 2008. We dismiss this request as moot.

[^28]: North Carolina State Highway Patrol separately requested an
    extension of time to complete planning by December 30, 2008. We
    dismiss this request without prejudice.

[^29]: Wake County separately requested an extension to complete
    planning by December 30, 2008. We dismiss this request without
    prejudice.

[^30]: York County separately requested an extension to complete
    planning by June 6, 2008. We dismiss this request as moot.