Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67853

only to its 36 dBμV/m signal strength 

contour. Pursuant to the minor 

modification notification procedure set 

forth in § 1.947(b) of this chapter, the 

incumbent licensee must notify the 

Commission within 30 days of any 

changes in technical parameters or 

additional stations constructed that fall 

within the short-spacing criteria. See 47 

CFR 90.621(b). 

(d) * * *

(2) Special Provisions for Spectrum 

Blocks G through V. Incumbent 

licensees that have received the consent 

of all affected parties or a certified 

frequency coordinator to utilize an 18 

dBμV/m signal strength interference 

contour operating at multiple sites may, 

after grant of EA licenses has been 

completed, exchange multiple site 

licenses for a single license. This single 

site license will authorize operations 

throughout the contiguous and 

overlapping 36 dBμV/m field strength 

contours of the multiple sites. 

Incumbents exercising this license 

exchange option must submit specific 

information on Form 601 for each of 

their external base sites after the close 

of the 800 SMR auction. The 

incumbent’s geographic license area is 

defined by the contiguous and 

overlapping 18 dBμV/m contours of its 

constructed and operational external 

base stations and interior sites that are 

constructed within the construction 

period applicable to the incumbent. 

Once the geographic license is issued, 

facilities that are added within an 

incumbent’s existing footprint and that 

are not subject to prior approval by the 

Commission will not be subject to 

construction requirements.

[FR Doc. 04–24840 Filed 11–19–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 22, 24, 74, 78 and 90 

[WT Docket No. 02–55; ET Docket No. 00–

258; ET Docket No. 95–18, RM–9498; RM–

10024; FCC 04–253] 

The 800 MHz Public Safety Interference 

Proceeding; Extension of Deadlines

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; extension of 

compliance deadlines. 

SUMMARY: The Federal Communications 

Commission extends certain deadlines 

set out in the Commission’s initial 800 

MHz Report and Order (Order) released 

on August 6, 2004. The summary of the 

order and the rules issued pursuant to 

the order are published in the Rules and 

Regulations section in this issue. The 

Commission extended the deadlines in 

order to afford interested parties to the 

proceeding additional time to comply 

with certain deadlines that are set forth 

in the full text version of the Order, 

released August 6, 2004.

DATES: The deadlines, as described in 

SUPPLEMENTARY INFORMATION, are 

extended an additional forty-five (45) 

days. For example, actions that 

previously were required within thirty 

(30) or sixty (60) days of Federal 

Register publication of the Order are 

now required by February 7, 2005, or 

March 7, 2005, respectively. The 

Commission is not deferring the 

effective date of the rules in this 

proceeding published elsewhere in this 

issue.

ADDRESSES: All filings must be 

addressed to the Commission’s 

Secretary, Marlene H. Dortch, Office of 

the Secretary, Federal Communications 

Commission, 445 12th Street, SW., Suite 

TW–A325, Washington, DC 20554. One 

(1) courtesy copy must be delivered to 

Roberto Mussenden, Esq. at the Federal 

Communications Commission, Wireless 

Telecommunications Bureau, Public 

Safety and Critical Infrastructure 

Division, 445 12th Street, SW., Suite 5–

C140, Washington, DC 20554, or via email, roberto.mussenden@fcc.gov, and 

one (1) copy must be sent to Best Copy 

and Printing, Inc., Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160, or via e-mail, http://

www.bcpiweb.com.

FOR FURTHER INFORMATION CONTACT: John 

Evanoff, Esq. or Roberto Mussenden, 

Esq., Public Safety and Critical 

Infrastructure Division, Wireless 

Telecommunications Bureau at (202) 

418–0680.

SUPPLEMENTARY INFORMATION: This is a 

summary of a Public Notice released by 

the Federal Communications 

Commission on October 22, 2004, 

extending certain deadlines set forth in 

the Order. 

1. The extension of deadlines was 

prompted in order to avoid uncertainty 

for Nextel Communications, Inc. 

(Nextel) and certain other 800 MHz 

licensees, while the Commission seeks 

expedited comment on issues raised in 

certain ex parte presentations. The 

request for comments is designed to 

develop a full and complete record and 

to further the effective implementation 

of the 800 MHz band reconfiguration 

process. These issues are published in 

the Proposed Rules section of this issue. 

Therefore, the Commission believes it is 

appropriate to provide affected parties 

additional time in which to comply 

with certain deadlines set forth in the 

Order, released on August 6, 2004, a 

summary of which is published in the 

Rules and Regulations section of this 

issue. For this reason, with the 

exception of the statutory deadlines for 

filing petitions for reconsideration and 

for seeking judicial review of the Order, 

the Commission extends these deadlines 

by 45 days. For example, actions that 

previously were required within thirty 

(30) or sixty (60) days of Federal 

Register publication of the 800 MHz 

Report and Order are now required by 

February 7, 2005, or March 7, 2005, 

respectively. The Commission is not 

deferring the effective date of the rules 

in this proceeding published elsewhere 

in this issue. Specifically, the 

Commission extends the following 

deadlines an additional 45 days:

2. The Commission extends the 

deadlines contained in paragraph 342 of 

the Order. Paragraph 342 of the Order

provides that:

‘‘pursuant to Section 309 and 316 of the 

Communications Act of 1934, as amended, 

47 U.S.C. §§ 309, and 316, the licenses of all 

800 MHz band licensees (including, but not 

limited to, Nextel Communications, Inc.), are 

hereby modified as specified in this Report 

and Order; provided, however, that in the 

event Nextel rejects any of the conditions for 

modification required in this Report and 

Order, all the modifications of all the 800 

MHz licenses specified in this Report and 

Order are suspended unless and until the 

Commission orders otherwise. Nextel will be 

deemed to have rejected such conditions (a) 

unless it files with the Commission a written 

acceptance of all such conditions within 

thirty days of the publication of this Report 

and Order in the Federal Register, or (b) if 

it files a judicial appeal of this Report and 

Order within thirty days of the publication of 

this Report and Order in the Federal 

Register. Pursuant to Section 316(a)(1) of the 

Communications Act of 1934, as amended, 

47 U.S.C. § 316(a)(1), publication of this 

Report and Order in the Federal Register

shall constitute notification in writing of our 

Order modifying Nextel’s 800 MHz licenses 

and those of all other 800 MHz licenses, and 

of the grounds and reasons therefore, and 

Nextel and these other 800 MHz licensees 

shall have thirty days from the date of such 

publication to protest such Order.’’

3. The Commission extends the 

deadlines contained and referenced in 

paragraph 344 of the Order (as amended 

by the Second Erratum in this docket 

released October 6, 2004). Paragraph 

344, as amended, provides that:

‘‘within sixty days of the publication of this 

Report and Order in the Federal Register, 

Nextel shall comply with the following 

conditions precedent to its operations on the 

1.9 GHz band:

• Nextel shall certify that it has obtained 

an irrevocable letter of credit, in all material 

67854 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

respects identical to that contained in 

Appendix E hereto, which provides 

assurances that $2.5 billion will be available 

for band reconfiguration, notwithstanding the 

financial condition of Nextel, or its 

successor(s). 

• Nextel shall specify on the initial letter 

of credit and any subsequent letters of credit, 

a Trustee, acceptable to the Commission, 

which shall draw upon and disburse funds 

in accordance with the terms thereof and the 

Transition Administrator’s instructions. 

Further, on the occasion of a material breach 

by Nextel of its obligations hereunder, as 

declared by the Commission, said trustee 

shall receive the remaining balance of the 

letter(s) of credit to hold in trust and disburse 

in accordance with the terms of this Report 

and Order. Said funds shall be devoted 

exclusively to reconfiguration of the 800 

MHz band except as otherwise provided in 

this Report and Order. 

• Nextel shall deliver an opinion letter 

from counsel clearly stating, subject only to 

customary assumptions, limitations and 

qualifications, that in a proceeding under 

Title 11 of the United States Code, 11 U.S.C. 

Section 101 et seq. (the ‘‘Bankruptcy Code’’), 

in which Nextel is the debtor, the bankruptcy 

court would not treat the Letter of Credit or 

proceeds of the Letter of Credit as property 

of Nextel’s bankruptcy estate under Section 

541 of the Bankruptcy Code. The scope of the 

opinion letter must also cover such other 

opinions as the Commission shall request. 

The opinion letter must contain detailed 

legal analysis of the basis of counsel’s 

opinion. A draft opinion letter must be 

submitted for review and approval by the 

Commission’s Office of General Counsel 

prior to issuance of the letter. Bankruptcy 

counsel, and, if applicable, counsel’s firm, 

must have a Martindale-Hubbell rating of

‘‘A/V’’ and must satisfy the Commission in 

all other respects. 

• Nextel shall provide a letter or letters, in 

content satisfactory to the Commission, from 

any and all parties having a financial or 

equitable interest in any existing or proposed 

800 MHz system, whether in the United 

States, Mexico or Canada, and connected in 

any way to Nextel by way of being a 

subsidiary, partner, or otherwise; to the effect 

that such parties are bound to perform the 

obligations imposed on Nextel herein to the 

extent such obligations are necessary or 

desirable in the completion of 

reconfiguration of the 800 MHz band. 

• Nextel shall obtain the Commission’s 

approval of all documents it submits 

pursuant to this paragraph. 

• Nextel shall file with the Commission an 

acknowledgement that meets the 

requirements of paragraph 87 supra.’’

4. The Commission extends the 

deadline contained in paragraph 345 of 

the Order (as numbered in the Second 

Erratum released October 6, 2004). 

Paragraph 345, as numbered, provides 

that that ‘‘within thirty days of the 

publication of this Report and Order in 

the Federal Register, Nextel and 

Southern LINC shall deliver to the 

Commission an agreement for the 

channel distribution for all 800 MHz 

licensees in the areas shown in 

Appendix G.’’

5. The Commission extends the 

Broadcast Auxiliary Service (BAS) 

relocation deadlines set out in 

paragraph 346 of the Order (as 

numbered in the Second Erratum

released October 6, 2004). Paragraph 

346 provides that, Nextel’s modified 

licenses authorizing operations within 

the 1.9 GHz band are conditioned on 

several requirements, including:

‘‘Nextel shall certify to the Commission that 

all BAS facilities have been relocated within 

thirty months after the effective date of this 

Report and Order. If Nextel fails to meet this 

benchmark, for reasons that Nextel could 

reasonably have avoided, the Commission 

will determine whether forfeitures should be 

imposed and/or whether Nextel licenses, 

including, but not limited to, its 1.9 GHz 

licenses, should be revoked.’’

6. The Commission extends the BAS 

relocation deadlines set forth in 

Paragraph 352 of the Order (as 

numbered in the Second Erratum

released on October 6, 2004). Paragraph 

352 provides that, ‘‘as a condition on 

Nextel’s 1.9 GHz licenses, Nextel shall, 

as described herein, relocate all BAS 

licensees in the 1990–2025 MHz band 

within thirty months after the effective 

date of this Report and Order.’’ In this 

connection, Section 352 provides that 

Nextel shall comply with certain 

requirements, which include, but are 

not limited to:

• ‘‘Nextel shall file with the Commission 

and copy the MSS licensees within thirty 

days after the effective date of this Report 

and Order its plan for the relocation of BAS 

operations in the markets that will be 

relocated during stage one (i.e., relocations 

made within eighteen months after the 

effective date of this Report and Order).’’

• ‘‘Nextel shall follow a negotiation period 

for stage one relocations that ends May 31, 

2005 and that ends March 31, 2006 for stage 

two relocations (i.e., relocations made within 

thirty months after the effective date of this 

Report and Order).’’

• ‘‘Nextel shall file progress reports within 

twelve months and twenty-four months after 

the effective date of this Report and Order on 

the status of the transition, including 

identifying the markets that will be relocated 

during stage one, and all remaining markets 

that will be relocated during stage two.’’

• ‘‘Nextel shall certify to the Commission 

that all BAS facilities have been relocated 

within thirty months after the effective date 

of this Report and Order. If Nextel fails to 

meet this benchmark, for reasons that Nextel 

could reasonably have avoided, the 

Commission will determine whether 

forfeitures should be imposed and/or 

whether Nextel licenses, including, but not 

limited to, its 1.9 GHz licenses, should be 

revoked.’’

• ‘‘Nextel shall be entitled to seek 

reimbursement from MSS licensees that have 

entered the band for the MSS licensee’s pro 

rata share of Nextel’s costs to clear the top 

thirty markets and relocate all fixed BAS 

facilities, regardless of market size, incurred 

during the thirty-six month reconfiguration 

process. Nextel shall be required to inform 

the Commission and MSS licensees on 

whether it will or will not seek 

reimbursement from MSS licensees within 

twelve months after the effective date of this 

Report and Order.’’

7. This extension does not apply to 

the statutory deadlines for filing 

petitions for reconsideration and for 

seeking judicial review of the Order.

Also, the Commission is not deferring 

the effective date of the rules set forth 

in Appendix C of the initial Order and 

published elsewhere in the Rules and 

Regulations section of this issue, 

including the effective dates of technical 

standards and procedural mechanisms 

adopted in the Order to abate 

unacceptable interference.

Federal Communications Commission. 

Michael J. Wilhelm, 

Chief, Public Safety and Critical 

Infrastructure Division, Wireless 

Telecommunications Bureau, Federal 

Communications Commission.

[FR Doc. 04–25806 Filed 11–19–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Part 211 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement to 

update the Internet address for DoD 

specifications and standards.

EFFECTIVE DATE: November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0311; 

facsimile (703) 602–0350.

List of Subjects in 48 CFR Part 211 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Part 211 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 211 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1.