**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | WT Docket No. 02-55          |
|                                  | *) |                              |
| Improving Public Safety          | ** |                              |
| Communications in the 800 MHz    |    |                              |
| Band                             | *  |                              |
|                                  | *) |                              |
| Requests for Waiver of the June  | ** |                              |
| 26, 2008 Rebanding Deadline --   |    |                              |
| Wave 1 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 1[^1] for waiver of the
    June 26, 2008 deadline for the completion of 800 MHz rebanding. Our
    specific action with respect to each request is listed in Appendix A
    of this order.[^2]

# 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.[^3] These orders mandate that 800 MHz licensees in
    non-border areas must complete their rebanding by June 26, 2008.[^4]
    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.[^5] On January 17,
    2008, the Commission released a *Public Notice* that established
    procedures and provided guidance for submission of requests to waive
    the deadline.[^6] The Commission recommended that licensees provide
    certain information in their requests, and encouraged the use of a
    template form developed by the 800 MHz Transition Administrator (TA)
    for this purpose.[^7] The Commission also set March 17, 2008 as the
    deadline for licensees in Wave 1 to submit their requests.[^8]

## DISCUSSION

3.  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."[^9] We have
    reviewed each of the Wave 1 waiver requests in accordance with this
    standard. More specifically, we have considered the following
    factors identified by the Commission as pertinent to such requests:

-   System size and complexity.

-   Interoperability with other systems in the region, and how such
    interoperability will affect the ultimate rebanding schedule.

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-   Steps already taken to complete physical reconfiguration, including
    participation in the Subscriber Equipment Deployment (SED) program

-   Participation (or commitment to participate) in the TA's regional
    Implementation Planning Session for the licensee's Public Safety
    Region.[^10]

4.  We first address the waiver requests of licensees in Wave 1 that
    propose to complete their rebanding between June 26, 2008 and July
    1, 2009 and have requested waiver dates accordingly.[^11] We grant
    the waiver dates requested by these licensees. After review of the
    requests, we find that each of these licensees has taken substantial
    steps towards completion of the rebanding process and has
    demonstrated a level of diligence and good faith warranting the
    requested extension. Moreover, we find that the amount of time that
    each licensee seeks is no more than is reasonably necessary to
    complete the rebanding process.

5.  We apply a higher level of scrutiny to those licensees in Wave 1
    that request waivers past July 1, 2009. We recognize that there are
    a variety of factors that may justify longer waiver periods for some
    licensees, including system size and complexity, interoperability
    coordination issues with other licensees, and prior delays in the
    rebanding process outside the licensee's control. However, because
    these licensees request significant additional time to complete
    their rebanding, we believe it is appropriate to focus more
    specifically on the proposed timing of the major milestones in each
    licensee's rebanding process, *i.e.*, (1) retuning, reflashing,
    and/or replacement of subscriber equipment (subscriber unit
    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, such as disposal of temporary or legacy equipment,
    removal of pre-rebanding channels from subscriber units
    (post-cutover modifications). We expect these licensees to exercise
    particular diligence in completing these milestones, and to use best
    efforts to accelerate their schedules wherever possible. The timely
    completion of the first two of these milestones is particularly
    important, because once reconfigured subscriber units are deployed
    and the system cutover has occurred, the main objective of the
    rebanding process---spectral separation of public safety from
    commercial cellular operations---will have been substantially
    accomplished.

6.  Specifically, we grant the relief set forth below and in Appendix A
    to the following licensees:

7.  *Massachusetts Port Authority; Massachusetts Bay Transportation
    Authority; Middlesex County, Massachusetts; Norfolk County,
    Massachusetts (Region 19).* These licensees state that they are
    prepared to reband within 30 to 60 days of the clearing by Sprint of
    certain Channel 1-120 channels currently licensed to the City of
    Boston.[^12] We grant waivers to these licensees until 60 days after
    the City of Boston clears its Channel 1-120 channels, but in no
    event later than July 1, 2009, which should provide sufficient time
    for clearing of the required channels and rebanding of these
    systems.

8.  *Hampton Roads Coalition (Region 42).* The cities of Chesapeake,
    Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach,
    Virginia comprise the Hampton Roads Coalition. With the exception of
    Hampton, these licensees all seek extensions until December 31, 2010
    to complete rebanding.[^13] We grant these licensees a waiver until
    July 1, 2009, at which time they may seek additional time if
    necessary based upon a sufficient showing of their progress to date
    and further development of a regional implementation timeline by the
    TA.

9.  *State of California (Region 6).* California seeks an extension
    until March 2012, primarily because of its need to touch its
    subscriber units a second time once the ultimate resolution of the
    band plan in the Mexican border is determined.[^14] We grant
    California an extension until July 1, 2009, and will entertain a
    request for further extension based upon its progress at that time
    as well as progress on the Mexican border issue at that time.

10. *Licensees Proposing Milestone Dates After July 1, 2009*. Some Wave
    1 licensees propose milestone dates in the latter half of 2009
    and/or 2010 to complete subscriber unit deployment, system cutover,
    and post-cutover modifications.[^15] Other licensees propose
    milestone dates in the 2009-2010 timeframe, but contend that these
    dates are inherently speculative since their systems are
    inextricably linked with the systems of larger licensees, whose
    schedule dates remain unknown.[^16] We grant these licensees waivers
    until July 1, 2009, at which time they may seek additional time if
    necessary based upon a sufficient showing of their progress to date
    and further development of regional implementation timelines by the
    TA.

11. *Waiver Requests Based on Proximity to Channel 69 Analog Broadcast
    Stations (Region 19; Region 28)*. Two licensees in eastern
    Pennsylvania (Montgomery County, Pennsylvania; Philadelphia,
    Pennsylvania) and two in Rhode Island (Narrangansett, Rhode Island;
    Rhode Island Public Transportation Authority) filed requests for
    extension of the June 26, 2008 rebanding deadline based on their
    proximity to incumbent full power analog TV broadcasters operating
    on Channel 69 (800-806 MHz).[^17] These licensees express concern
    that if they retune to the new NPSPAC band (806-809 MHz) before the
    February 17, 2009 DTV transition date, they will receive out-of-band
    emission (OOBE) interference on their new NPSPAC channels from the
    Channel 69 incumbent. We grant these requests in part and will allow
    each licensee to delay the commencement of its infrastructure retune
    until March 1, 2009, after the Channel 69 incumbents have vacated
    the spectrum. However, we direct each licensee to proceed with all
    rebanding activity that can occur prior to the DTV transition date
    (*e.g*., planning and FRA negotiation, subscriber unit deployment).
    This relief is consistent with the approach that the Commission
    adopted in the *800 3rd MO&O*.[^18]

12. *Waiver Requests With No Milestone Dates Identified.* Some Wave 1
    licensees have requested extension dates beyond July 1, 2009 for
    final completion of rebanding, but have not specified milestone
    dates for completion of interim steps in accordance with the *Waiver
    Guidance Notice*.[^19] We hold these waiver requests in abeyance and
    direct these licensees to supplement their requests within 30 days
    of the release of this order by submitting proposed milestone dates
    for subscriber unit deployment, system cutover, and post-cutover
    modifications. Upon receipt of these proposed milestone dates, we
    will act on these licensees' requests.

13. *Further Extension Requests/Progress Reports*. We hold open the
    option of extending the above waivers upon further request and
    showing of good cause.[^20] Any licensee submitting a further
    request must submit the request prior to the expiration of the
    waiver granted to such licensee by this order, and will be expected
    to demonstrate that it has 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. Upon filing of a timely further waiver
    request, the relief granted by this order will extend until the
    Bureau acts on the request. We also direct licensees that are
    subject to this order to provide progress reports to the TA on a
    quarterly basis unless the TA determines that more frequent reports
    are required.

14. *NPSPAC Mutual Aid Channels*. Finally, we clarify that licensees do
    not need to seek waivers for continued operation and support of
    operations on the five nationwide mutual aid channels in the old
    NPSPAC band after they have completed their own rebanding.[^21]
    Licensees may continue to operate and maintain infrastructure that
    supports the five mutual aid channels until all NPSPAC licensees in
    the region have completed rebanding of their own systems, provided
    that they notify the TA of such continued mutual aid operations.

## ORDERING CLAUSE

15. 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 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 6 (Northern California)**

+---------------+------------+------------+-------------+-------------+
| **Licensee**  | **Call     | **Date     | **Extension | **Extension |
|               | Sign/Lead  | Waiver     | Date        | Date        |
|               | Call       | Request    | Requested** | Granted**   |
|               | Sign**     | Filed**    |             |             |
+---------------+------------+------------+-------------+-------------+
| Santa Clara   | WPKW496    | March 12,  | September   | September   |
| Valley Water  |            | 2008       | 30, 2008    | 30, 2008    |
| District      |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| University Of | WPBH651    | February   | August 20,  | August 20,  |
| California -  |            | 27, 2008   | 2008        | 2008        |
| Berkeley      |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| Gustine, CA   | WQED933    | March 17,  | August 31,  | August 31,  |
|               |            | 2008       | 2008        | 2008        |
+---------------+------------+------------+-------------+-------------+
| Turlock, CA   | WPMA507    | March 17,  | August 31,  | August 31,  |
|               |            | 2008       | 2008        | 2008        |
+---------------+------------+------------+-------------+-------------+
| University Of | WPHB650    | February   | September   | September   |
| California -  |            | 27, 2008   | 24, 2008    | 24, 2008    |
| Santa Cruz    |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| University Of | WQCF499    | March 7,   | September   | September   |
| California -  |            | 2008       | 20, 2008    | 20, 2008    |
| Davis         |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| Santa Clara   | WQBH542    | March 17,  | September   | September   |
| County, CA    |            | 2008       | 29, 2008    | 29, 2008    |
+---------------+------------+------------+-------------+-------------+
| Oakland, CA   | WPUQ545    | March 17,  | November    | November    |
|               |            | 2008       | 30, 2008    | 30, 2008    |
+---------------+------------+------------+-------------+-------------+
| Livermore, CA | WNNR489    | March 10,  | March 31,   | March 31,   |
|               |            | 2008       | 2009        | 2009        |
+---------------+------------+------------+-------------+-------------+
| San Francisco | WPPU273    | March 13,  | February 4, | July 1,     |
| Bay Area      |            | 2008       | 2010        | 2009        |
| Rapid Transit |            |            |             |             |
| District      |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| Livermore/    | WPWY237    | April 25,  | June 1,     | July 1,     |
|               |            | 2008       | 2010        | 2009        |
| Amador Valley |            |            |             |             |
| Transit       |            |            |             |             |
| Authority     |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| State of      | KNBG972    | April 17,  | March 16,   | July 1,     |
| California    |            | 2008       | 2012        | 2009        |
+---------------+------------+------------+-------------+-------------+
| Santa Clara,  | WPCP221    | March 6,   | December    | December    |
| CA            |            | 2008       | 31, 2008    | 31, 2008    |
+---------------+------------+------------+-------------+-------------+
| American Red  | WPFS905    | June 4,    | December    | December    |
| Cross Bay     |            | 2008       | 31, 2008    | 31, 2008    |
| Area          |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| San Jose, CA  | WPMD615    | May 30,    | October 31, | October 31, |
|               |            | 2008       | 2008        | 2008        |
+---------------+------------+------------+-------------+-------------+

**Region 7 (Colorado)**

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

  Eagle County, CO WPJF925      March 17,     August 29,     August 29,
                                2008          2008           2008
  ---------------- ------------ ------------- -------------- --------------

**Region 8 (Metropolitan New York Region)**

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

  Newark Housing   WNVR739      May 8, 2008  August 7, 2008 August 7,
  Authority                                                 2008

  Passaic County,  WPAB807      May 13, 2008 August 1, 2008 August 1,
  NJ                                                        2008

  Fairfield        WNVR741      May 19, 2008 August 1, 2008 August 1,
  Township, NJ                                              2008

  Union County, NJ WPKU668      April 10,    August 29,     August 29,
                                2008         2008           2008

  Stamford, CT     WNNM899      March 17,    September 30,  September 30,
                                2008         2008           2008

  Greenwich, CT    WNNM890      March 14,    December 1,    December 1,
                                2008         2008           2008

  New Haven, CT    WNZG274      April 28,    December 31,   December 31,
                                2008         2008           2008

  Orange County    WPGP264      March 17,    June 1, 2009   June 1, 2009
  Sheriff, NY                   2008                        

  New York City    KNBX913      March 17,    December 31,   December 31,
  (DOITT)                       2008         2008           2008

  Nassau County,   WNNM884      May 15, 2008 September 1,   September 1,
  NY                                         2008           2008

  Port Authority   WNNM888      May 16, 2008 September 26,  September 26,
  of New York and                            2008           2008
  New Jersey                                                

  Babylon, NY      WQCC333      May 12, 2008 August 14,     August 14,
                                             2008           2008

  Glenville, NY    WPTC845      May 29, 2008 September 26,  September 26,
                                             2008           2008

  Essex, NJ        WQNS440      June 6, 2008 September 1,   September 1,
                                             2008           2008
  ---------------- ------------ ------------ -------------- -------------

**Region 11 (Hawaii)**

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

  Kauai County, HI WPIE455      March 12,    September 1,    September 1,
                                2008         2008            2008

  Maui County, HI  WPJR556      March 17,    November 11,    November 11,
                                2008         2008            2008
  ---------------- ------------ ------------ --------------- -------------

**Region 13 (Illinois)** [^22]

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

  McLean County,   KNNK867      March 17,     August 28,     August 28,
  IL                            2008          2008           2008

  Saint Clair      WQAH919      April 24,     October 27,    October 27,
  County, IL                    2008          2008           2008

  Tazewell County, WQCX272      March 17,     December 31,   December 31,
  IL                            2008          2008           2008

  State of         WPPA939      March 15,     June 15, 2008  June 15, 2008
  Illinois (Dept.               2008                         
  of Corrections)                                            

  State of         WNSS257      March 16,     May 8, 2009    May 8, 2009
  Illinois                      2008                         
  (STARCOM)                                                  
  ---------------- ------------ ------------- -------------- --------------

**Region 14 (Indiana)**

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

  Howard County, IN                   WQDA709      March 17,                  July 31, 2008  July 31, 2008
                                                   2008                                      

  Allen County, IN, (Fort             WLNX275      April 18,                  August 31,     August 31,
  Wayne)                                           2008                       2008           2008

  Hamilton County,                    WNSD453      March 17,                  October 25,    October 25,
  IN/Carmel, IN                                    2008                       2008           2008

  Vanderburgh County, IN              WNQP592      March 17,                  November 21,   November 21,
                                                   2008                       2008           2008

  Purdue                              WNQH693      Standard                   December 12,   December 12,
  University/Tippecanoe                                                       2008           2008
  County, IN                                                                                 

  Delaware County, IN                 WNSS511      May 5, 2008                No date        Held in
                                                                                             abeyance --
                                                                                             Provide
                                                                                             milestone
                                                                                             dates within
                                                                                             30 days of
                                                                                             this Order
  ----------------------- ----------- ------------ ------------ ------------- -------------- --------------

**Region 19 (New England)**

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

  Boston Police    WNSD453      March 17,     September 20,  September 20,
  Department                    2008          2008           2008

  Boston, MA       KKR520       March 17,     September 30,  September 30,
                                2008          2008           2008

  Providence, RI   WQEE893      March 14,     September 30,  September 30,
                                2008          2008           2008

  Nashua, NH       WPPF224      April 29,     December 31,   December 31,
                                2008          2008           2008

  Worcester, MA    WPAR399      March 12,     January 29,    January 29,
                                2008          2009           2009

  New Britain, CT  WNCE562      March 17,     March 11, 2009 March 11, 2009
                                2008                         

  Massachusetts    WPMI640      March 17,     30 Days after  60 Days after
  Bay                           2008          Sprint Nextel  Sprint Nextel
  Transportation                              clears certain clears certain
  Authority                                   1-120 channels 1-120 channels
                                                             but no later
                                                             than July 1,
                                                             2009

  Rhode Island     WPXB725      March 17,     December 1,    March 1, 2009
  Public Transit                2008          2008           
  Authority                                                  

  Massachusetts    WPAQ455      March 14,     60 Days after  60 Days after
  Port Authority                2008          Sprint Nextel  Sprint Nextel
                                              clears certain clears certain
                                              1-120 channels 1-120 channels
                                                             but no later
                                                             than July 1,
                                                             2009

  Narragansett, RI WQVV555      March 14,     June 1, 2009   March 1, 2009
                                2008                         

  Farmington, CT   WPFC723      April 21,     July 1, 2009   July 1, 2009
                                2008                         

  State of         WNSM668      March 17,     December 31,   December 31,
  Connecticut                   2008          2008           2008

  Middlesex        WPSH803      March 14,     60 Days after  60 Days after
  County, MA                    2008          Sprint Nextel  Sprint Nextel
                                              clears certain clears certain
                                              1-120 channels 1-120 channels
                                                             but no later
                                                             than July 1,
                                                             2009

  Norfolk County,  WPXP591      March 17,     45 Days after  60 Days after
  MA                            2008          Sprint Nextel  Sprint Nextel
                                              clears certain clears certain
                                              1-120 channels 1-120 channels
                                                             but no later
                                                             than July 1,
                                                             2009

  Suffolk County,  WPXT228      March 17,     None           Held in
  MA                            2008                         abeyance --
                                                             Provide
                                                             milestone
                                                             dates within
                                                             30 days of
                                                             this Order

  University Of    WPQK585      March 17,     None           Held in
  Connecticut                   2008                         abeyance --
                                                             Provide
                                                             milestone
                                                             dates within
                                                             30 days of
                                                             this Order

  Barnstable       WPQE401      May 6, 2008   None           Held in
  County, MA                                                 abeyance --
                                                             Provide
                                                             milestone
                                                             dates within
                                                             30 days of
                                                             this Order

  Sudbury, MA      WPPU806      May 20, 2008  April 16, 2009 April 16, 2009

  Dayville, CT     WPXW941      June 9, 2008  July 31, 2008  July 31, 2008

  Clinton, CT      WPYM205      June 9, 2008  June 9, 2009   June 9, 2009
  ---------------- ------------ ------------- -------------- --------------

**Region 20 (Maryland/District of Columbia/Northern Virginia)**

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

  Ocean City, MD   WQCN429      March 13,     April 30, 2009 April 30, 2009
                                2008                         

  St. Mary's       WPUQ464      April 16,     June 1, 2012   July 1, 2009
  County, MD                    2008                         
  ---------------- ------------ ------------- -------------- --------------

**Region 27 (Nevada)**

+---------------+------------+------------+-------------+-------------+
| **Licensee**  | **Call     | **Date     | **Extension | **Extension |
|               | Sign/Lead  | Waiver     | Date        | Date        |
|               | Call       | Request    | Requested** | Granted**   |
|               | Sign**     | Filed**    |             |             |
+---------------+------------+------------+-------------+-------------+
| State of      | WPLW702    | March 13,  | January 28, | July 1,     |
| Nevada; State |            | 2008       | 2010        | 2009        |
| of Nevada     |            |            |             |             |
| Department of |            |            |             |             |
| Tr            |            |            |             |             |
| ansportation; |            |            |             |             |
| and           |            |            |             |             |
| University    |            |            |             |             |
| and Community |            |            |             |             |
| College       |            |            |             |             |
| Systems of    |            |            |             |             |
| Nevada        |            |            |             |             |
|               |            |            |             |             |
| (joint        |            |            |             |             |
| applicants)   |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| Southern      | WNQU894    | April 10,  | June 24,    | June 24,    |
| Nevada Area   |            | 2008       | 2009        | 2009        |
| C             |            |            |             |             |
| ommunications |            |            |             |             |
| Council       |            |            |             |             |
| (SNACC)       |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| Regional      | WPLT393    | May 16,    | December 1, | December 1, |
| T             |            | 2008       | 2008        | 2008        |
| ransportation |            |            |             |             |
| Commission of |            |            |             |             |
| Southern      |            |            |             |             |
| Nevada        |            |            |             |             |
+---------------+------------+------------+-------------+-------------+
| N. Las Vegas, | WPYC243    | May 13,    | March 15,   | March 15,   |
| NV            |            | 2008       | 2009        | 2009        |
+---------------+------------+------------+-------------+-------------+

**Region 28 (Eastern Pennsylvania/New Jersey/Delaware)**

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

  Atlantic County, WNET386      March 17,    August 28,     August 28,
  NJ                            2008         2008           2008

  Atlantic City,   WQDM690      March 14,    December 31,   December 31,
  NJ                            2008         2008           2008

  Bethlehem, PA    WNWQ636      March 14,    March 1, 2009  March 1, 2009
                                2008                        

  Brigantine, NJ   WPTT597      March 17,    August 29,     August 29,
                                2008         2008           2008

  Cherry Hill, NJ  WPRI907      March 17,    August 29,     August 29,
                                2008         2008           2008

  Cumberland       WPIS654      March 7,     No date        Held in
  County, PA                    2008                        abeyance --
                                                            Provide
                                                            milestone
                                                            dates within
                                                            30 days of
                                                            this Order

  Egg Harbor,      WPPX220      March 17,    August 28,     August 28,
  Township NJ                   2008         2008           2008

  Galloway         WPQD446      March 17,    August 28,     August 28,
  Township, NJ                  2008         2008           2008

  Ocean City, NJ   WPZV984      March 17,    August 28,     August 28,
                                2008         2008           2008

  Commonwealth of  WPGX755      March 7,     No date        Held in
  Pennsylvania                  2008                        abeyance --
                                                            Provide
                                                            milestone
                                                            dates within
                                                            30 days of
                                                            this Order

  Reading, PA      WNXC912      March 14,    October 1,     October 1,
                                2008         2008           2008

  Montgomery       WNNY750      June 12,     No date        March 1, 2009
  County, PA                    2008[^23]                   

  Philadelphia,    WPRW578      March 10,    March 1, 2009  March 1, 2009
  PA[^24]                       2008                        

  Delaware County, WQAG554      April 30,    No date        No waiver
  PA                            2008                        necessary
                                                            (Mutual-aid
                                                            only)
  ---------------- ------------ ------------ -------------- --------------

**Region 35 (Oregon)**

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

  Benton County    KNNT477      March 14,    May 31, 2009   May 31, 2009
  Emergency                     2008                        
  Services                                                  

  Clark Regional   WQEA895      March 14,    February 10,   July 1, 2009
  Emergency                     2008         2010           
  Services Agency                                           
  (CRESA)                                                   

  Portland, OR     No call sign March 17,    January 26,    Held in
                   specified    2008         2010           abeyance --
                                                            Provide
                                                            milestone
                                                            dates within
                                                            30 days of
                                                            this Order

  Salem, OR        WPKB609      April 2,     September 30,  September 30,
                                2008         2008           2008

  Washington       WNSK475      March 6,     March 31, 2009 December 31,
  County                        2008                        2008
  Consolidated                                              
  Communications                                            
  Agency (WCCCA)                                            
  (includes                                                 
  Clackamas                                                 
  County, OR and                                            
  Newberg, OR)                                              
  ---------------- ------------ ------------ -------------- --------------

**Region 41 (Utah)**

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

  Utah             WPRR826      March 10,    May 31, 2009   May 31, 2009
  Communications                2008                        
  Agency Network                                            
  (UCAN)                                                    
  ---------------- ------------ ------------ -------------- --------------

**Region 42 (Virginia)**

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

  Capital Region WPLX453       March 17,    June 30, 2009    June 30, 2009
  Airport                      2008                          
  Commission                                                 

  Central        WPKD768       March 17,    Unspecified      July 1, 2009
  Virginia                     2008                          
  Planning                                                   
  District                                                   
  Commission, VA                                             
  (includes                                                  
  Lynchburg, VA)                                             

  Culpeper       WQAY935       March 12,    June 30, 2012    July 1, 2009
  County, VA                   2008                          

  Hampton, VA    WNQQ811       June 2, 2008 December 23,     July 1, 2009
                                            2010             

  Hopewell, VA   WQEC799       March 13,    90 days after    July 1, 2009
                               2008         receipt of       
                                            templates from   
                                            Chesterfield, VA 

  Newport News,  KNJH350       March 17,    December 31,     July 1, 2009
  VA                           2008         2010             

  Norfolk, VA    WNLT925       March 17,    December 31,     July 1, 2009
                               2008         2010             

  Suffolk, VA    WNMJ688       March 17,    September 6,     September 6,
                               2008[^25]    2008             2008
  -------------- ------------- ------------ ---------------- ---------------

**Region 45 (Wisconsin)**

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

  La Crosse, WI  WPCJ394       March 25,    November 15,     November 15,
                               2008         2008             2008

  Sheboygan      WPTS436       February 21, November 14,     November 14,
  County, WI                   2008         2008             2008
  -------------- ------------- ------------ ---------------- ---------------

**Region 54 (Chicago/Southern Lake Michigan)**

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

  Village of     WNDY876       March 17,    July 18, 2008    July 18, 2008
  Schaumburg, IL               2008                          

  Lake County,   WPMB711       March 12,    October 15, 2008 October 15,
  IL                           2008                          2008

  Pace Suburban  KNHH481       March 17,    August 25, 2008  August 25, 2008
  Bus Service                  2008                          

  Ozaukee        WPPH577       March 17,    December 31,     December 31,
  County, IL                   2008         2008             2008

  Northwest      WPKY604       March 17,    July 18, 2008    July 18, 2008
  Central                      2008                          
  Dispatch                                                   

  Will County,   WPJZ269       March 17,    September 30,    July 1, 2009
  IL                           2008         2009             

  Cook County    WQFZ349       March 17,    March 13, 2009   March 13, 2009
  Sheriff, IL                  2008                          

  Wheeling, IL   KNNR251       April 22,    October 31, 2008 October 31,
                               2008                          2008

  Waukesha       WNNH558       April 28,    March 13, 2009   March 13, 2008
  County, WI                   2008                          

  Kankakee, IL   WNVQ233       May 15, 2008 July 16, 2008    July 16, 2008
  -------------- ------------- ------------ ---------------- ---------------

[^1]: Wave 1 includes the following NPSPAC Regions: Region 6 (Northern
    California), Region 7 (Colorado), Region 8 (Metropolitan New York
    Region), Region 13 (Illinois), Region 14 (Indiana), Region 19 (New
    England), Region 20 (Maryland/District of Columbia/Northern
    Virginia), Region 28 (Eastern Pennsylvania, New Jersey, Delaware),
    Region 35 (Oregon), Region 42 (Virginia), Region 45 (Wisconsin),
    Region 54 (Chicago/Southern Lake Michigan Region). A list of all
    NPSPAC regions and their corresponding geographic areas can be found
    at [http://www.fcc.gov/Bureaus/Wireless/Orders/199August
    fcc98191.txt](http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf).

[^2]: 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.

[^3]: *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. *S**print Nextel Corp. v. FCC*, 524 F.3d 253
    (D.C. Cir. 2008).

[^4]: *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.

[^5]: *800 MHz 3rd MO&O*, 22 FCC Rcd at 17223 ¶ 48.

[^6]: 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*).

[^7]: *Id.* at 666.

[^8]: *Id.* at 665.

[^9]: FCC Announces Supplemental Procedures and Provides Guidance for
    Completion of 800 MHz Rebanding, *Public Notice*, 22 FCC Rcd 17227,
    17232 (2007).

[^10]: The TA has held IPS's in the following Wave 1 regions: Region 6
    (Northern California), Region 7 (Colorado), Region 8 (Metropolitan
    New York Region), Region 13 (Illinois), Region 14 (Indiana), Region
    19 (New England), Region 20 (Maryland/District of Columbia/Northern
    Virginia), Region 35 (Oregon), Region 42 (Virginia), Region 45
    (Wisconsin) and Region 54 (Chicago/Southern Lake Michigan).

[^11]: *See* Appendix A.

[^12]: *See* Petition of Massachusetts Port Authority; Petition of
    Massachusetts Bay Transportation Authority; Petition of Middlesex
    County, Massachusetts; and Petition of Norfolk County,
    Massachusetts.

[^13]: *See* Petition of Petition of Hampton, Virginia; Petition of
    Newport News, Virginia; Petition of Norfolk, Virginia; Petition of
    Portsmouth, Virginia; and Petition of Virginia Beach, Virginia. On
    June 2, 2009, Hampton amended its request to propose a completion
    date of December 23, 2009.

[^14]: *See* Petition of State of California.

[^15]: These licensees are: Livermore, California; San Francisco Bay
    Area Rapid Transit District (BART) (Region 6); St. Mary's County,
    Maryland (Region 20); State of Nevada; University and Community
    College Systems of Nevada (Region 27); Clark Regional Emergency
    Services Agency, Oregon (Region 35); Will County, Illinois (Region
    54).

[^16]: *See* Petition of Livermore/Amador Valley Transit Authority
    (Region 6); Petition of Hopewell, VA and Petition of Culpeper County
    (Region 42).

[^17]: The incumbent broadcast stations are WPXQ, Block Island, Rhode
    Island, and WFMZ, Allentown, Pennsylvania.

[^18]: *800 MHz 3rd MO&O*, 22 FCC Rcd at 17221-23 ¶¶ 40-48.

[^19]: These licensees are: Delaware County, Indiana (Region 14);
    Suffolk County, Massachusetts; Barnstable County, Massachusetts;
    University of Connecticut (Region 19); Cumberland County,
    Pennsylvania; Commonwealth of Pennsylvania (Region 28) and Portland,
    Oregon (Region 35).

[^20]: For example, licensees may seek further extensions if their
    proposed implementation dates are derived from a subsequent
    TA-sponsored Implementation Planning Session for the region.

[^21]: Accordingly, we dismiss Delaware County, Pennsylvania's petition
    without prejudice, as Delaware County seeks an extension solely for
    the purpose of operating the mutual aid channels and therefore does
    not require an individual waiver.

[^22]: Rock Island County, Illinois is part of the RACOM system that is
    primarily based in Iowa, which is a Wave 2 region. We address the
    Rock Island County system in our companion order concerning Wave 2
    licensee requests for waiver.

[^23]: This request supersedes Montgomery County's previous request for
    extension until June 15, 2008.

[^24]: Philadelphia also filed an interim waiver request on March 17,
    2008. However, this waiver request supersedes the interim waiver
    request.

[^25]: Suffolk supplemented its request on May 6, 2008.