[Federal Register Volume 74, Number 24 (Friday, February 6, 2009)]
[Rules and Regulations]
[Pages 6235-6236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2568]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-55; FCC 08-276]


Improving Public Safety Communications in the 800 MHz Band; 
County of Chester, PA and Sprint Nextel Corporation; City of 
Chesapeake, VA and Sprint Nextel Corporation

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: On December 23, 2008, the Commission addressed the June 25, 
2008 request by Sprint Nextel Corporation (Sprint) to defer the 800 MHz 
rebanding financial ``true-up'' process until after rebanding is 
completed. The Commission concluded that the true-up should be deferred 
until additional progress in rebanding has occurred, and therefore 
postponed the true-up date from December 26, 2008 to July 1, 2009. The 
Commission also directed the 800 MHz Transition Administrator (TA) to 
file a report by May 1, 2009, with its recommendation on whether the 
true-up should be conducted on July 1, 2009 or postponed to a later 
date.

DATES: Effective February 6, 2009.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Joy Ragsdale, Policy Division, Public 
Safety and Homeland Security Bureau, (202) 418-0838; John Evanoff, 
Policy Division, Public Safety and Homeland Security Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth 
Memorandum Opinion and Order, FCC 08-276, released on December 23, 
2008. The complete text of this document is available for inspection 
and copying during normal business hours in the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. This document may also be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone (800) 
378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via e-mail at 
http://www.bcpiweb.com. It is also available on the Commission's Web 
site at http://www.fcc.gov.
    In the 800 MHz Report and Order, 69 FR 67823, November 22, 2004, 
the Commission ordered rebanding of the 800 MHz band to resolve 
interference between commercial and public safety systems in the band. 
The Commission required that band reconfiguration in non-border regions 
be completed in 36 months. The Commission further ordered the TA to 
perform a financial reconciliation or ``true-up'' six months after the 
36-month transition period ended, i.e., 42 months after the start of 
rebanding. The purpose of the true-up is to assess Sprint's total 
creditable rebanding costs for both 800 MHz rebanding and relocating of 
Broadcast Auxiliary Service (BAS) licensees in the 1.9 GHz band, and to 
compare these costs to the value of the 1.9 GHz spectrum that the 
Commission awarded to Sprint. If the value of the 1.9 GHz spectrum 
exceeds Sprint's creditable costs, Sprint must pay the difference to 
the U.S. Treasury as an ``anti-windfall'' payment. The 36-month 
rebanding period established by the 800 MHz Report and Order expired on 
June 26, 2008. Accordingly, under the currently applicable timetable, 
the true-up must occur no later than six months after that date, or by 
December 26, 2008.
    On December 23, 2008, the Commission addressed the June 25, 2008 
request by Sprint Nextel Corporation (Sprint) to defer the 800 MHz 
rebanding financial ``true-up'' process until after rebanding is 
completed. The Commission concluded that the true-up should be deferred 
until additional progress in rebanding has occurred, and therefore 
postponed the true-up date from December 26, 2008 to July 1, 2009. The 
Commission also directed the 800 MHz Transition Administrator (TA) to 
file a report by May 1, 2009, with its recommendation on whether the 
true-up should be conducted on July 1, 2009 or postponed to a later 
date.
    The Commission also addressed several pending petitions for 
reconsideration or review of prior rebanding orders and public notices. 
First, the Commission denied two petitions that seek reconsideration of 
its decision in the Second Memorandum Opinion and Order, 72 FR 39756, 
July 20, 2007, in this proceeding requiring parties to bear their own 
costs in rebanding-related litigation before the Commission. Second, 
the Commission exercised its discretion to treat two pending petitions 
for de novo review

[[Page 6236]]

filed by Sprint against Chesapeake, Virginia, and Chester County, 
Pennsylvania, as applications for review for purposes of resolving 
questions of law, and the Commission allowed the parties to file 
oppositions and replies as provided under the Commission's application 
for review procedures. Third, the Commission denied a petition for 
reconsideration that alleges that the Commission's Public Notice 
released on September 12, 2007, 72 FR 55208, September 28, 2007, to 
expedite the rebanding process imposed unreasonable new regulatory 
burdens on 800 MHz licensees. Finally, the Commission delegated 
authority to the Public Safety and Homeland Security Bureau (PSHSB or 
Bureau) to develop a rebanding plan for the U.S. Virgin Islands based 
on a proposal submitted by the TA.

Procedural Matters

A. Final Regulatory Flexibility Analysis

    The Final Regulatory Flexibility Analysis required by section 604 
of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in 
Appendix A of the Fourth Memorandum Opinion and Order.

B. Final Paperwork Reduction Act of 1995 Analysis

    The Fourth Memorandum Opinion and Order 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 burden for small 
business concerns with fewer than 25 employees,'' pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198.

Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rulemaking proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA). Consistent with what we describe below, we 
certify that the actions in this Fourth Memorandum Opinion and Order 
will not have a significant economic impact on a substantial number of 
small entities.
    Because the Commission's decision is limited to reporting 
requirements applicable to Sprint and the TA and affects no other 
entity, and because the Commission's decision concerning Sprint merely 
extends the status quo, the Commission certifies that its decision will 
not have a significant economic impact on a substantial number of small 
entities. All other issues do not raise regulatory flexibility issues 
because the Commission's actions deny petitions for reconsideration, 
defer action on certain petitions for de novo review and afford certain 
parties an opportunity to file oppositions and replies as provided 
under our application for review procedures, or internally delegate 
authority, and therefore do not raise any regulatory flexibility 
issues. The Commission will send a copy of the Fourth Memorandum 
Opinion and Order, including a copy of this Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
SBA, and will be published in the Federal Register.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-2568 Filed 2-5-09; 8:45 am]
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