[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61823-61825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21297]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 02-55; DA 05-2390]


Private Land Mobile Services; 800 MHz Public Safety Interference 
Proceeding; NPSPAC Regions Assigned to Wave 2

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: As part of the 800 MHz band reconfiguration process, the 
Commission stated that it would issue a public notice thirty days 
before reconfiguration is scheduled to start in each National Public 
Safety Planning Advisory Committee (NPSPAC) region. Each such public 
notice will specify a three-month voluntary negotiation period during 
which time identified licensees in the regions being reconfigured are 
encouraged to reach agreement with Nextel on the details of relocating. 
The voluntary negotiation period would be followed by a three-month 
mandatory negotiation period, if necessary. The Commission also stated 
that it would freeze the filing of certain 800 MHz applications for the 
regions being reconfigured when it issued a public notice announcing 
the date when voluntary negotiation of relocation agreements must be 
concluded. The Commission explained that this freeze is

[[Page 61824]]

necessary in order to maintain a stable spectral landscape during the 
reconfiguration process in each region.

DATES: This Notice announces that 800 MHz band reconfiguration for 
NPSPAC Regions in Wave 2 commenced on October 3, 2005.

FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, 
<a href="/cdn-cgi/l/email-protection#bfedd0dddacdcbd091f2caccccdad1dbdad1fff9fcfc91d8d0c9"><span class="__cf_email__" data-cfemail="aefcc1cccbdcdac180e3dbddddcbc0cacbc0eee8eded80c9c1d8">[email protected]</span></a>, Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau, (202) 418-0680, TTY (202) 
418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of a public notice 
released on September 2, 2005.
    1. In July 2004, the Federal Communications Commission (Commission) 
adopted a Report and Order in this docket which, inter alia, 
reconfigured the 800 MHz band to eliminate interference to public 
safety and other land mobile communication systems operating in the 
band. See 69 FR 67823, November 22, 2004, modified by 70 FR 6758, 
February 8, 2005. As specified in the Report and Order, the band 
reconfiguration process is being overseen by a Transition Administrator 
(TA) which has provided the Commission with a plan detailing when band 
reconfiguration will commence in each of the fifty-five 800 MHz 
National Public Safety Planning Advisory Committee (NPSPAC) regions. On 
March 11, 2005, the Bureau approved the TA's basic 800 MHz band 
reconfiguration schedule, i.e., the grouping of the NPSPAC regions into 
four waves (Waves 1-4) and starting the reconfiguration process in each 
wave on the dates recommended by the TA. See 70 FR 21786, April 27, 
2005.
    2. As part of the 800 MHz band reconfiguration process, the 
Commission stated that it would issue a Public Notice thirty days 
before reconfiguration is scheduled to start in each NPSPAC region. 
Each such Public Notice specifies a three-month voluntary negotiation 
period during which time identified licensees in the regions being 
reconfigured are encouraged to reach agreement with Nextel on the 
details of relocating. The voluntary negotiation period is followed by 
a three-month mandatory negotiation period, if necessary. The 
Commission also stated that it would freeze the filing of certain 800 
MHz applications for the regions being reconfigured when it issued a 
Public Notice announcing the date when voluntary negotiation of 
relocation agreements must be concluded. The Commission explained that 
this freeze is necessary in order to maintain a stable spectral 
landscape during the reconfiguration process in each region. The 
Commission delegated authority to issue these Public Notices to the 
Public Safety and Critical Infrastructure Division of the Wireless 
Telecommunications Bureau (WTB).
    3. On May 27, 2005, WTB released a Public Notice announcing the 
reconfiguration start date for the NPSPAC regions assigned to Wave 1 
(i.e., for the non-NPSPAC channels therein). See 70 FR 34764-02, June 
15, 2005. This Wave 1 PN also specified the 800 MHz reconfiguration 
benchmark compliance dates. By this Public Notice, we announce that the 
800 MHz band reconfiguration process for non-NPSPAC channels will start 
October 3, 2005, in the NPSPAC regions assigned to Wave 2. A list of 
NPSPAC regions assigned to Wave 2 is attached below. The three-month 
period during which non-NPSPAC 800 MHz licensees have the option of 
negotiating on a voluntary basis will end January 2, 2006. The three-
month mandatory negotiation period will end April 2, 2006.
    4. We also announce by this Public Notice that, effective 
immediately, we are freezing the filing of 800 MHz applications for 
non-NPSPAC channels in Wave 2. The freeze applies to stations located 
in all of the NPSPAC regions assigned to Wave 2 and to stations within 
seventy miles of the borders of the Wave 2 regions. This freeze is 
effective on the release date of this Public Notice and will last until 
thirty working days after the date for completion of mandatory 
negotiations as specified above, i.e., until May 12, 2006. The freeze 
does not apply to modification applications filed to implement 800 MHz 
band reconfiguration, modification applications filed that do not 
change an 800 MHz frequency or expand a 800 MHz station's existing 
coverage area (e.g., administrative updates), assignments/transfers, or 
renewal-only applications.
    5. To facilitate the 800 MHz reconfiguration process, the 
Commission has established the following new radio service codes for 
licenses that list 800 MHz band frequencies governed by part 90 of the 
Commission's Rules:
    Site specific licenses:
    <bullet> Public safety (conventional)--GE
    <bullet> Public safety (trunked)--YE
    <bullet> Business/Industrial/Land Transportation (conventional)--GJ
    <bullet> Business/Industrial/Land Transportation (trunked)--YJ
    <bullet> SMR (conventional)--GM and GL (The GL code is used only 
for applications listing both 800 MHz and 900 MHz frequencies)
    <bullet> SMR (trunked)--YM and YL (The YL code is used only for 
applications listing both 800 MHz and 900 MHz frequencies)
    Geographic area licenses:
    <bullet> SMR, market area--YH and CY (The CY code is used only for 
applications listing both 800 MHz and 1.9 GHz frequencies)

              Appendix.--NPSPAC Regions Assigned to Wave 2
------------------------------------------------------------------------
        NPSPAC region \1\                Description of region \2\
------------------------------------------------------------------------
 4...............................  Arkansas.
12...............................  Idaho.
15...............................  Iowa.
16...............................  Kansas.
17...............................  Kentucky.
22...............................  Minnesota.
24...............................  Missouri.
25...............................  Montana.
26...............................  Nebraska.
32...............................  North Dakota.
34...............................  Oklahoma.
38...............................  South Dakota.
39...............................  Tennessee.
40...............................  Texas (Central & Northeast).
44...............................  West Virginia.
46...............................  Wyoming.
47...............................  Puerto Rico.
48...............................  U.S. Virgin Islands.
49...............................  Texas (Central--Austin area).
51...............................  Texas (East--Houston area).
52...............................  Texas (Panhandle, High Plains &
                                    Northwest-Lubbock area).
*................................  Large non-public safety systems that
                                    cover multiple NPSPAC regions. \3\
------------------------------------------------------------------------
\1\ Per the TA's request, we are moving the Louisiana NPSPAC region
  (<greek-i>18) from Wave 2 to Wave 3. See letter from Bob Kelly to
  Michael Wilhelm, Chief Public Safety and Critical Infrastructure
  Division, dated September 2, 2005.
\2\ Regions that are only a portion of a state or states are defined by
  counties. A list of the counties in each of these regions can be
  accessed at http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt.
\3\ Large non-public safety systems that had no systems in Wave 1 and
  that provide coverage beyond the border of NPSPAC regions in Wave 2
  will commence reconfiguration of their entire system, including base
  stations located outside the boundaries of Wave 2 NPSPAC regions, as
  part of the Wave 2 reconfiguration process.

    6. The Commission's Universal Licensing System (ULS) will 
automatically update modification applications filed to implement 800 
MHz band reconfiguration to show the appropriate new radio service code 
(i.e., applicants should file using their current radio service codes). 
Once the radio service code has been changed on the license by the 
Commission, licensees filing subsequent applications concerning that 
license must use the new radio service code.

[[Page 61825]]

    7. The Reconfiguration Plan filed by the TA is available on the 
Commission's 800 MHz band reconfiguration Web page at http://www.800MHz.gov. Questions concerning the plan, and other Transition 
Administrator matters, including whether your 800 MHz system must be 
relocated, should be directed to Brett Haan, BearingPoint, 1676 
International Drive, McLean, VA 22102, <a href="/cdn-cgi/l/email-protection#e9ab9b8c9d9dc7a1888887a9d1d9d99d88c7869b8e"><span class="__cf_email__" data-cfemail="fcbe8e998888d2b49d9d92bcc4cccc889dd2938e9b">[email protected]</span></a>. For 
additional information on 800 MHz band reconfiguration issues, 
generally, please contact Roberto Mussenden, Esq., Public Safety and 
Critical Infrastructure Division, Wireless Telecommunications Bureau, 
at (202) 418-0680, TTY (202) 418-7233, or via e-mail to 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="0d5f626f687f79622340787e7e68636968634d6b6e6e236a627b">[email protected]</a>.

Federal Communications Commission.
Scot Stone,
Deputy Chief, Public Safety and Critical Infrastructure Division, 
Wireless Telecommunications Bureau.
[FR Doc. 05-21297 Filed 10-25-05; 8:45 am]
BILLING CODE 6712-01-P


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