[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Pages 67853-67854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25806]


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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.

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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 e-mail, 
[email protected], 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. Sec. Sec.  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. Sec.  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

[[Page 67854]]

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