[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55208-55211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19210]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 02-55--FCC 07-168]


Improving Public Safety Communications in the 800 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: By this Public Notice, the Federal Communications Commission 
(Commission) announces supplemental procedures and provides guidance 
for completion of 800 MHz rebanding by National Public Safety Planning 
Advisory Committee (NPSPAC) licensees. As part of the rebanding 
process, NPSPAC licensees are being relocated to new frequencies in the 
800 MHz band, with all rebanding costs to be paid by Sprint Corporation 
(Sprint). The Commission's orders provide for the rebanding process to 
be completed by June 26, 2008.

DATES: Effective September 12, 2007.

FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Policy Division, 
Public Safety and Homeland Security Bureau, at (202) 418-1428 or 
[email protected]; John Evanoff, Policy Division, Public Safety 
and Homeland Security Bureau, at (202) 418-0848 or John 
[email protected].

SUPPLEMENTARY INFORMATION: This document summarizes the Public Notice 
in WT Docket No. 02-55, released on September 12, 2007. The full text 
of this document is available for public inspection on the Commission's 
Internet site at http://www.fcc.gov. It is also available for 
inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC 
20554. The full text of this document also may be purchased from the 
Commission's duplication contractor, Best Copy and Printing Inc., 
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554; 
telephone (202) 488-5300; fax (202) 488-5563; e-mail [email protected].

Background

    1. In the 800 MHz Report and Order, 69 FR 67823 (November 22, 
2004), the

[[Page 55209]]

Commission ordered the rebanding of the 800 MHz band to resolve 
interference between commercial and public safety systems in the band. 
In that order, the Commission required Sprint Nextel Corporation 
(Sprint) to pay for relocation of all affected 800 MHz licensee systems 
to their new channel assignments, including the expense of retuning or 
replacing the licensee's equipment as required. Sprint must provide 
each relocating licensee with ``comparable facilities'' on the new 
channel(s), and must provide for a seamless transition to enable 
licensee operations to continue without interruption during the 
relocation process. In a Public Notice released on September 12, 2007, 
the Federal Communications Commission (Commission) announced 
supplemental procedures and provided guidance for completion of 800 MHz 
rebanding by National Public Safety Planning Advisory Committee 
(NPSPAC) licensees.
    3. The following procedures and guidelines are intended to 
expedite: (1) Rebanding planning activities undertaken by NPSPAC 
licensees; (2) negotiation of Frequency Reconfiguration Agreements 
(FRAs) with Sprint; and (3) physical implementation of rebanding. This 
Public Notice also provides guidance to Sprint and the 800 MHz 
Transition Administrator (TA) to help expedite cost review and 
approval, and ultimately to ensure that rebanding is accomplished in a 
reasonable, prudent, and timely manner.

Completion of Planning

    4. The following time limits shall apply to planning activities for 
NPSPAC licensees that have negotiated a Planning Funding Agreement 
(PFA) with Sprint or are engaged in planning without a PFA: \1\
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    \1\ These planning timelines also apply to licensees who are 
reconfiguring Expansion Band frequencies in Stage 2.
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    [cir] All NPSPAC licensees must complete planning (either with or 
without a PFA) and submit a cost estimate to Sprint in accordance with 
the following timelines:
    [ssbox] NPSPAC licensees with systems of up to 5,000 subscriber 
units must complete planning and submit a cost estimate within 90 days 
of TA approval of the PFA.\2\
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    \2\ For licensees who conduct planning without a PFA, the TA 
shall designate an equivalent starting date for the planning period.
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    [ssbox] PSPAC licensees with more than 5,000 units must complete 
planning and submit a cost estimate as follows:
     5,001-10,000 units: 100 days.
     Over 10,000 units: 110 days.\3\
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    \3\ Wave 4 licensees that are subject to deferred mediation due 
to pending international border issues will receive updated 
timelines once the revised band plans are available. Wave 4, Stage 2 
licensees in mediation are subject to the timelines in this Public 
Notice.
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    [cir] NPSPAC licensees in Waves 1-3 that are already engaged in 
planning on the release date of this Public Notice must complete 
planning and submit a cost estimate to Sprint as follows: \4\
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    \4\ In instances where these deadlines would result in a 
licensee having less than 90, 100, or 110 total days to complete 
planning (based on the size of its system) in accordance with this 
Public Notice, the 90, 100, and 110-day planning timelines 
established above will control. For example, a Wave 1 licensee with 
1000 units that began planning on August 1, 2007 would have 90 days 
from that date, i.e., until October 30, 2007, to complete planning.
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    [ssbox] Wave 1--by October 15, 2007.
    [ssbox] Wave 2--by November 15, 2007.
    [ssbox] Wave 3--by December 15, 2007.
    [cir] Sprint shall cooperate with and fully support NPSPAC licensee 
planning efforts in accordance with these time limits. The Commission 
discourages licensees from requesting extensions of time for planning 
that assert arguments on behalf of Sprint. Requests for extension based 
on delay caused by Sprint will not be routinely granted.
    [cir] To facilitate completion of planning within these time 
limits, the Commission advises NPSPAC licensees to provide in their 
contracts with equipment vendors and consultants that such vendors and 
consultants will make sufficient resources available to support 
licensee planning efforts. Licensee requests for extension of planning 
time based on claimed unavailability of vendor or consultant resources 
will not be routinely granted.
    [cir] Subject to the above limitations, a NPSPAC licensee may 
request that the Public Safety and Homeland Security Bureau (PSHSB) 
allow additional time for planning, but any such request must explain 
why more time is necessary as well as demonstrate that the licensee has 
exercised diligence in the time already allotted. Factors that will be 
considered in evaluating a request include system size and complexity, 
degree of interoperability with other systems, and level of effort 
required to prepare a reasonable cost estimate.
    [cir] During planning, NPSPAC licensees shall provide the TA with 
biweekly updates regarding the status of their planning activities in 
such form as the TA may request. The licensee's cost of preparing such 
updates shall be a recoverable cost from Sprint.

Frequency Reconfiguration Agreement Negotiations

    5. The following time limits shall apply to FRA negotiations 
between NPSPAC licensees and Sprint:
    [cir] Following completion of planning and submission of a cost 
estimate to Sprint by the licensee, parties have 30 days to negotiate a 
FRA. Licensees shall complete their cost estimate in accordance with 
the Cost Estimate guidance provided by the TA.\5\ Negotiations shall be 
subject to monitoring by the TA mediator, who shall confirm the date on 
which a cost estimate was submitted to Sprint, but the mediator is not 
required to participate in negotiations.
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    \5\ See http://www.800ta.org/content/documents/cost_estimate.asp.
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    [cir] If the parties are unable to negotiate an FRA within 30 days, 
the parties shall participate in mediation for 20 days. The TA shall 
refer any remaining disputed issues to PSHSB within 10 days of the 
close of the mediation period, during which time the parties will 
complete the briefing of such issues. In referring such disputes, the 
TA mediator shall provide a record summary to PSHSB, and shall provide 
a Recommended Resolution unless the Bureau notifies the mediator that a 
mediator recommendation is not required.

Change Notice Process

    6. The Change Notice process is designed to address unanticipated 
changes in cost, scope, or schedule that occur during implementation or 
in the case of an emergency.\6\ Some NPSPAC licensees have expressed 
concern that uncertainty regarding the Change Notice process has 
prolonged initial planning and FRA negotiations. The Commission 
therefore offers the following guidance with respect to the Change 
Notice process:
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    \6\ See http://www.800ta.org/content/documents/change_notice.asp for TA procedures and recommended Change Notice forms.
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    [cir] The Change Notice process is subject to the Commission's 
Rebanding Cost Clarification Order.\7\ Accordingly, the negotiation and 
approval of Change Notice requests should take into account the overall 
goals of this proceeding, not just the issue of minimum cost.\8\
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    \7\ See Improving Public Safety Communications in the 800 MHz 
Band, WT Docket 02-55, Memorandum Opinion and Order, 22 FCC Rcd 9818 
(2007) (Rebanding Cost Clarification Order).
    \8\ Id. at 9821 ] 8.
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    [cir] Licensees may not use the Change Notice process to recover 
costs that were reasonably foreseeable during planning or FRA 
negotiations but were not raised in negotiations, or that were 
considered

[[Page 55210]]

and rejected. However, licensees that comply with the planning and FRA 
time limits discussed above may seek to recover costs incurred that 
could not reasonably be anticipated within such time limits.
    [cir] Licensees should submit Change Notice requests concurrently 
to Sprint and the TA.\9\ To facilitate Change Notice review and 
approval, both Sprint and the TA should have requests reviewed by 
personnel that are already familiar with the licensee's FRA and 
rebanding requirements wherever possible.
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    \9\ Requests should be submitted using the TA's Change Notice 
Process Fact Sheet, available at: http://www.800ta.org/content/PDF/forms/Change_Notice_Process_Fact_Sheet.pdf.
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    [cir] Sprint shall respond to all Change Notices requests within 10 
working days of receipt. If negotiations are unsuccessful, either party 
may request mediation from the TA and parties shall participate in 
mediation for 15 working days, with any remaining disputes referred to 
PSHSB at that time. If parties agree to an amendment to their FRA, the 
TA shall review all such amendments within 10 working days from the 
date submitted by the parties for approval.

Rebanding Implementation

    7. Rebanding implementation consists of: (1) Replacement and 
retuning of subscriber equipment; (2) retuning of base stations to the 
licensee's new channel assignments and commencement of system 
operations on the new channels (sometimes referred to as the system 
``cutover''); and (3) additional post-cutover system modifications 
(e.g., disposal of temporary or legacy equipment, removal of pre-
rebanding channels from subscriber units). NPSPAC licensees should 
initiate specific tasks and activities associated with these 
implementation steps as early in the rebanding process as possible. 
Some of these tasks can be initiated prior to the conclusion of FRA 
negotiations, and licensees should be prepared to proceed rapidly with 
implementation once the FRA is finalized. The Commission encourages 
NPSPAC licensees to take the following steps:
    [cir] Use the resources offered by the TA to prepare for and 
expedite system reconfiguration. Guidance on key processes and 
procedures is available on the TA's Web site at http://www.800TA.org/org/reconfig_phase/reconfig1.asp.
    [cir] Provide for early replacement/retuning of equipment.\10\ 
Engage vendors and consultants in reconfiguration implementation and 
begin to replace or retune equipment as early as possible.
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    \10\ Under the TA's Subscriber Early Deployment (SED) program, 
licensees may begin retuning/replacement of equipment prior to 
finalization of the FRA. Alternatively, licensees should initiate 
retuning/replacement as early as possible after the FRA is 
finalized.
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    [cir] Finalize contracts with vendors and consultants to ensure 
that equipment will be delivered and implementation work completed in 
accordance with the FRA rebanding schedule and FCC requirements.
    [cir] Create and distribute lists of key licensee personnel and 
contacts, as well as contacts for vendors, consultants, Sprint, and the 
TA. Designate an internal or vendor contact who will respond to 
requests from the TA for status updates regarding the implementation 
schedule and progress.
    [cir] Maintain an inventory of all subscriber and infrastructure 
equipment affected by rebanding, and verify the receipt of all loaner 
and replacement equipment.
    [cir] Notify Sprint when channels in the new NPSPAC band need to be 
made available to allow system testing or operation on the licensee's 
new channel assignments. Coordinate with Sprint regarding filing 
license modifications needed to add the new frequencies to the 
licensee's authorizations.
    [cir] For systems that use mutual aid channels, have a plan in 
place to maintain mutual aid operations during reconfiguration. 
Coordinate efforts to ensure continuity of mutual aid interoperability 
arrangements with neighboring licensees.
    [cir] Notify the TA if an issue affecting implementation is 
identified that vendors, consultants, or Sprint cannot quickly resolve, 
or that materially affects the implementation schedule.

Regional Implementation Planning

    8. NPSPAC licensees and Sprint are encouraged to define 
implementation schedules, including the clearing of necessary 
frequencies for licensee reconfiguration and filing of license 
modifications, in the FRA wherever feasible. For licensees in areas 
with few, if any, other NPSPAC licensees; or licensees without 
significant interoperability dependencies, this should be a specific 
goal of the FRA negotiation. This will help reduce the amount of 
additional planning and planning resources required from all parties 
for subsequent efforts.\11\
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    \11\ Licensees in Stage 2 reconfiguring only Expansion Band 
channels are expected to have implementation timelines included in 
their FRAs and will only be affected by Regional Implementation 
Planning if they participate extensively in an interoperability 
network.
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    9. As part of implementation preparation in certain (but not all) 
areas, the TA is conducting a series of NPSPAC rebanding implementation 
planning sessions for NPSPAC licensees on a regional or state-wide 
basis. NPSPAC licensees in such areas are expected to participate in 
these sessions, regardless of whether they have executed an FRA with 
Sprint. The purpose of the sessions is to develop a comprehensive 
implementation schedule, including proper identification of issues, 
risks, dependencies and next steps. The Commission provides the 
following guidance to NPSPAC licensees attending planning sessions:
    [cir] Licensees should be prepared to discuss their overall 
timelines and implementation plans for reconfiguration, as well as 
interoperability, vendor commitments, and other dependencies, key 
assumptions, and open issues.
    [cir] Licensees are encouraged to proceed with all possible 
reconfiguration implementation activities for their own systems while 
the regional planning process is under way.
    [cir] Licensees that have executed an FRA without an implementation 
schedule that can reconfigure their infrastructure in advance of the 
regional planning process and independently of other systems (such as a 
statewide mutual aid network) should notify both Sprint and the TA 
concurrently of the date by which channels in the new NPSPAC band need 
to be made available. Sprint shall respond to all such requests with a 
schedule for making new NPSPAC channels available to the licensee 
within 15 working days.
    [cir] Multiple licensees that propose to reconfigure as a 
coordinated group may present a single timeline and plan (even if they 
have separate FRAs).
    [cir] For licensees in mediation with Sprint, discussions at 
regional planning sessions will not be treated as part of the official 
mediation record.

Wave 4 Border Area Planning

    10. As addressed in prior public notices, the negotiation periods 
for border area licensees in Wave 4 have been extended pending 
resolution of ongoing international discussions on US-Canada and US-
Mexico border issues.\12\
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    \12\ See Public Safety and Homeland Security Bureau Announces 
Extension of Negotiation Period between Sprint Nextel and Border 
Area NPSPAC Licensees in Wave 4, Stage 2 of 800 MHz Band 
Reconfiguration, WT Docket No. 02-55, DA 07-3468 (PSHSB July 31, 
2007); Public Safety and Homeland Security Bureau Extends 
Negotiation Period between Sprint Nextel and Border Area Non-NPSPAC 
Licensees in Wave 4, Stage 1 of 800 MHz Band Reconfiguration, WT 
Docket No. 02-55, Public Notice, 22 FCC Rcd 11658 (PSHSB 2007).

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[[Page 55211]]

    [cir] During this extended period, Wave 4 border area licensees are 
not required to engage in planning or negotiation prior to receipt of 
frequency designations from the TA.
    [cir] However, the Commission encourages licensees to engage in 
such activities to the extent that they are not frequency-dependent and 
would not result in unnecessary duplication of costs. For example, 
border area licensees may conduct system inventories and develop plans 
for replacement and retuning of equipment.
    [cir] If licensees choose to engage in such activities, Sprint 
shall pay licensees' reasonable costs in accordance with the 
requirements of the Commission's orders in this proceeding.\13\
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    \13\ The Commission clarifies that this requires Sprint to pay 
all costs incurred by licensees in reasonable anticipation of 
rebanding. There is a remote possibility that the Commission's final 
rebanding plan for the border areas could result in some border 
licensees not needing to reband. However, given the likelihood that 
most if not all licensees will reband, allowing all licensees to 
proceed with rebanding planning prior to this contingency being 
resolved is likely to speed the transition, and therefore is a 
reasonable cost under the Commission's Rebanding Cost Clarification 
Order. See Rebanding Cost Clarification Order, 22 FCC Rcd at 9822 ] 
9 (rebanding may proceed more efficiently ``if rebanding tasks are 
initiated early in the process and carried on in stages throughout 
the process, even though this may be more costly than performing all 
of the rebanding work at once at a later date'').
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Public Safety Licensee Requests for Extension of 36-Month Deadline

    11. Some public safety licensees have expressed concern that they 
will be unable to complete their system rebanding by the June 26, 2008 
deadline established by the Commission. The Commission offers the 
following guidance for public safety licensees who anticipate that they 
may need to file requests to extend the deadline:
    [cir] In general, the Commission discourages public safety 
licensees from filing extension requests at this time. Requests that 
are filed may be held in abeyance pending further review of progress in 
rebanding implementation.
    [cir] Requests for extension 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.
    [cir] Factors that will be considered in evaluating requests will 
include system size and complexity, degree of interoperability with 
other systems, and level of effort required to complete rebanding 
implementation.
    [cir] The Commission clarifies that public safety licensees do not 
need to file extension requests in order to be assured of continued 
funding by Sprint in the event that their rebanding activities extend 
past the 36-month deadline. Sprint is required to pay all licensee 
rebanding expenses that are reasonable, prudent, and necessary 
regardless of when such costs are incurred.\14\ The Commission directs 
the TA to approve FRAs that provide for recovery of rebanding costs 
incurred after June 26, 2008, provided such costs are otherwise 
recoverable under the TA's standards.
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    \14\ This does not preclude the Bureau or Commission from 
requiring a licensee to pay its own rebanding costs based on a 
determination that the licensee has caused unjustified delay or has 
otherwise failed to meet its obligation to implement rebanding in 
good faith.
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Ordering Clauses

    12. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified ``information collection burden for small business 
concerns with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E7-19210 Filed 9-27-07; 8:45 am]
BILLING CODE 6712-01-P