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City of El Paso, Texas

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Released: June 5, 2014
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Federal Communications Commission

DA 14-777

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

City of El Paso, Texas

)

WT Docket No. 02-55

)

Request for Extension of Time

)

ORDER

Adopted: June 5, 2014

Released: June 5, 2014

By the Deputy Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau:

I.

INTRODUCTION

1.

Under consideration is the Request for Further Schedule Extension to Complete Rebanding

Planning (Request) filed by the City of El Paso, Texas (El Paso), on June 3, 2014, seeking an extension of

time, until November 8, 2014, to submit to Sprint Corp. (Sprint) and the 800 MHz Transition

Administrator (TA)1 a cost estimate for reconfiguration of El Paso’s 800 MHz communications system.

For the reasons set out below, we deny the Request.

II. BACKGROUND

2.

Pursuant to the Mexican Border Area Reconfiguration Timeline issued by the TA and

approved by the Commission,2 El Paso was required to complete planning and submit a cost estimate for

reconfiguration of its 800 MHz system by November 20, 2013. El Paso executed a Planning Funding

Agreement (PFA) with Sprint on October 29, 2013.3 The El Paso planning vendor, Federal Engineering,

was given a notice to proceed on November 13, 2013.4 Despite previous extensions of time granted to El

Paso, it still has not completed planning and the submission of a cost estimate by May 31, 2014, the

terminal date of the most recent extension.5

III. DISCUSSION

3.

Rather than reconfigure its existing 800 MHz analog system, El Paso elected a system

upgrade to digital technology. It reports that 98% of the digital system is constructed but has not yet been

1 See email from Edward Ozogar to PSHSB800, June 3, 2014 (Request).

2 Public Safety and Homeland Security Bureau Announces that the 30-Month Transition Period for 800 MHz Band

Reconfiguration in Regions Along the U.S.-Mexico Border Will Commence on August 23, 2013; Bureau

Approves U.S. –Mexico Border Reconfiguration Timetable Submitted by the 800 MHz Transition Administrator

and Establishes Application Freeze Dates, WT Docket No. 02-55, Public Notice, 28 FCC Rcd 12990 (PSHSB

2013). Improving Public Safety Communications in the 800 MHz Band, New 800 MHz Band Plan for U.S. –

Mexico Sharing Zone, WT Docket 02-55, Fifth Report and Order, 28 FCC Rcd 4085 (PSHSB 2013).

3 See Request.

4 Id.

5 Id. Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Order, 29 FCC Rcd

2163, Appendix A (PSHSB 2014).

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Federal Communications Commission

DA 14-777

accepted by El Paso.6 El Paso represents that it has received a “system vendor SOW [Statement of Work]

and proposed planning agreement” from its vendor, Motorola Solutions, Inc. (Motorola) and that “the

City and its engineering consultant are diligently working with [Motorola] to finalize and expedite the

agreement so a final and complete reconfiguration cost estimate can be submitted . . ..”7 El Paso expects

to finalize Motorola’s SOW and agreement and obtain approval of City officials by July 8, 2014.8

4.

El Paso claims, however, that Motorola has informed the City “that it could take up to four

additional months for them [Motorola] to complete the work necessary for the City and the City’s

engineering consultant to develop a final cost estimate.”9 El Paso has not included a statement from

Motorola to that effect, much less a justification from Motorola why, with a SOW already on hand,

Motorola, the Country’s largest supplier of land mobile radios and related services, cannot devote

sufficient resources to its customer to complete the required work in fewer than four additional months.

IV. DECISION

5.

Section 1.46(a) of the Commission’s rules states that “[i]t is the policy of the Commission

that extensions of time shall not be routinely granted.”10 The Bureau has emphasized that the “import of

that rule is especially relevant to 800 MHz rebanding where delay in rebanding by one licensee can cause

a ‘domino effect’ delay in the rebanding efforts of other licensees that have met the Commission’s 800

MHz band reconfiguration deadlines with a consequent delay of the overall program. We therefore afford

a high degree of scrutiny to the reasons licensees advance for extensions of time.”11

6.

Applying that scrutiny here, we are denying El Paso’s request for an extension of time until

November 8, 2014 to submit a cost estimate to Sprint and the TA. We expect El Paso to file its cost

estimate by July 31, 2014. If, by that date, El Paso has not submitted a cost estimate, it shall file another

request for extension of time, detailing therein, with specificity, the work that has been conducted to date,

the remaining required work, the individuals involved, and the efforts that El Paso has made to accelerate

Motorola’s completion of its responsibilities. Thereafter, and until El Paso submits its cost estimate, El

Paso, each week, shall submit to the TA Mediator, a detailed summary of the work completed to date and

a firm schedule for completion of the remaining work.

V. ORDERING CLAUSE

7.

Accordingly IT IS ORDERED that the Request for Further Schedule Extension to Complete

Rebanding Planning filed June 3, 2014 by the City of El Paso, Texas, IS DENIED.

8.

IT IS FURTHER ORDERED that the City of El Paso, Texas, shall submit a cost estimate for

reconfiguration of its 800 MHz communications system by July 31, 2014.

9.

IT IS FURTHER ORDERED that, if the City of El Paso, Texas, does not submit a cost

estimate for reconfiguration of its 800 MHz communications system by July 31, 2014, it shall file a

6 Request.

7 Id.

8 Id.

9 Id.

10 47 C.F.R. § 1.46(a).

11 Regents of the University of California, Order, 28 FCC Rcd 15920, 15921 (PSHSB 2013).

2

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Federal Communications Commission

DA 14-777

further request for extension of time in which it details, with specificity, the work conducted to date, the

remaining required work, the individuals involved, and the efforts that El Paso has made to accelerate the

completion of Motorola’s work. Thereafter, and until a cost estimate is submitted, the City of El Paso

shall report weekly to the 800 MHz Transition Administrator Mediator on the status of preparation of the

cost estimate and a firm schedule for its completion.

10. This action is taken under delegated authority pursuant to Sections 0.191(a) and 0.392 of the

Commission's Rules, 47 C.F.R. §§ 0.191(a), 0.392.

FEDERAL COMMUNICATIONS COMMISSION

Michael J. Wilhelm

Deputy Chief, Policy and Licensing Division

Public Safety and Homeland Security Bureau

3

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