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Improving Public Safety Communications in the 800 MHz Band

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Released: August 9, 2012

Federal Communications Commission

DA 12-1305

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Improving Public Safety Communications in the
)
WT Docket No. 02-55
800 MHz Band
)
)
Requests for Waiver of April 14, 2011 Rebanding
)
Deadline in Regions Along the U.S.-Canada Border )

ORDER

Adopted: August 9, 2012

Released: August 9, 2012

By the Chief, Public Safety and Homeland Security Bureau:

I.

INTRODUCTION AND BACKGROUND

1.
On December 5, 2011, we released an Order (December CBR Order) addressing requests
for extension of the April 14, 20111 deadline to complete rebanding along the U.S.-Canada border regions.2
In that order, we:
·
Granted waivers to licensees seeking extensions of time to complete rebanding on or before
June 1, 2012.
·
Directed licensees seeking extensions beyond June 1, 2012, to either complete rebanding by
that date or else submit, by that date, a detailed request for a further extension of time.
·
Granted an extension until December 3, 2012 for licensees that had executed a Frequency
Relocation Agreement (FRA) with Sprint but could not complete rebanding because a
“downstream” licensee was blocking their replacement channels. By this date, these licensees
had to either complete rebanding or else submit a detailed request for a further extension of
time.
·
Directed each licensee that failed to submit an extension request or requested an extension date
that had already passed to provide, within 30 days of the release of the notice, either (1)
confirmation to the Transition Administrator (TA) that the licensee had completed rebanding,
or (2) a proposed timetable and milestones for completion of rebanding as required by the CBR
Guidance Notice
.3


1 See Public Safety and Homeland Security Bureau (Bureau) announces that the 30-month transition period for 800
MHz reconfiguration in regions along the U.S.-Canada border will commence on October 14, 2008, Public Notice, 23
FCC Rcd 14877 n.2 (2008) (Canada Border Kick-Off PN).
2 See Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Order, 26 FCC Rcd 16382
(PSHSB 2011) (December CBR Order).
3 On April 8, 2011, the Public Safety and Homeland Security Bureau (Bureau) released a public notice (CBR Guidance
PN
) providing guidance to licensees in the Canadian Border Region (CBR) that must request an extension of the April

Federal Communications Commission

DA 12-1305

·
Directed licensees for which the deadline for completion of rebanding was tolled due to a
frequency conflict with a Canadian station to complete rebanding within 12 months of the
approval date of their FRA by the TA.
·
Directed licensees unable to propose a specific timetable because they had not executed an
FRA with Sprint prior to April 14, 2011 to submit a report to the TA detailing the status of FRA
negotiations, together with a proposed timetable for completing and executing an FRA.
·
Directed licensees unable to propose a specific timetable because they had yet to submit a cost
estimate to submit a cost estimate to Sprint within 60 days of the release of the Order or provide
the Bureau with a report explaining why it could not provide the cost estimate by that date,
together with a schedule detailing when it anticipated submitting a cost estimate.
In this Order, we address supplemental waiver requests filed pursuant to the December CBR Order.

II.

DISCUSSION

2.
The Commission has stated that: “Requests for extension [of 800 MHz rebanding] 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.”4 With this in mind,
the Bureau makes the following decisions on licensees seeking waiver of the June 1, 2012 deadline for
completing band reconfiguration in regions along the US-Canada border.

A.

Licensees With Executed FRAs

3.
Licensees Requesting Extensions to Complete Rebanding on or before April 15, 2013. We
first address waiver requests of those CBR licensees that have executed FRAs and propose to complete their
rebanding on or before April 15, 2013.5 After reviewing these requests, we find that each of these licensees
has made substantial progress toward completing rebanding and has demonstrated a level of diligence and
good faith sufficient to warrant the requested extension. We thus grant the waiver dates requested by these
licensees.
4.
Licensees Requesting Extensions or Proposing Milestone Dates to Complete Rebanding
after April 15, 2013. With respect to those CBR licensees that have executed FRAs but have filed requests
for extension to complete their rebanding projects after April 15, 2013, we grant partial waivers until April
15, 2013 to either complete rebanding or submit a further request for waiver seeking additional time.6 Any
further request for waiver must detail the licensee’s progress to date and propose milestone dates for each
major rebanding step, e.g., subscriber unit deployment, system cut-over, and post-cutover modifications,7




14, 2011 deadline. Public Safety and Homeland Security Bureau Provides Guidance for Submission of Requests for
Waiver of the April 14, 2011 Deadline for Completion of 800 MHz Rebanding in Regions Along the U.S.-Canada
Border, Public Notice, 26 FCC Rcd 5179 (PSHSB 2011) (CBR Guidance PN).
4 Id.
5 We list these licensees in Appendix A-1 of this Order.
6 We list these licensees in Appendix A-2 of this Order.
7 The Bureau previously defined system “cutover” as the retuning of base stations to the licensee’s new channel
assignments and commencement of system operations on the new channels. The Bureau further explained that post-
cutover system modifications included disposal or return of temporary or legacy equipment and removal of pre-
rebanding channels from subscriber units. See Improving Public Safety Communications in the 800 MHz Band,
Requests for Interim Waiver of the June 26, 2008 Rebanding Deadline – Wave 1 Public Safety Regions, Order, 23
FCC Rcd 9421, 9423 ¶ 5 (PSHSB 2008).
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DA 12-1305

that has yet to be completed. In addition, licensees with timetables that are dependent on rebanding by
adjacent or overlapping systems must identify such interdependencies.
5.
Licensees With FRAs That Cannott Complete Rebanding Because Certain Frequencies are
Blocked by Downstream Licensees. In some cases, the TA has confirmed that a licensee has executed an
FRA with Sprint but cannot complete rebanding because a “downstream” licensee is blocking its
replacement channels. These CBR licensees8 have already been granted waivers until December 3, 2012,9
and must either complete rebanding by that date or else submit, by that date, a detailed further request for
additional time. Any further request for waiver by licensees in this category must detail whether a
“downstream” licensee is continuing to block their replacement channels and, if so, what non-frequency
specific progress the licensee has made, e.g., re-flashing of mobile and portable units etc.
6.
Licensees With FRAs That Have Not Requested Extensions or Have Requested Extension
Dates That Have Passed. We next address those licensees that have either failed to file an extension
request10 or have filed a request in which the requested extension date has passed.11 We direct each such
licensee, within 30 days of release of this Order, to provide the TA with documentation showing it has
completed reconfiguration or to file a supplemental waiver request with the Bureau requesting additional
time for such completion in accordance with the CBR Guidance PN.12
7.
Licensees With FRAs Whose Waiver Requirement Was Tolled Pending Resolution of
Frequency Conflicts with Canadian Stations. For licensees who completed FRA negotiations with Sprint
but whose FRAs were held by the TA due to a frequency conflict with stations in Canada, the deadline for
the completion of rebanding has been tolled for twelve months from the date the TA eventually approved
the FRA.13

B.

Licensees Without Executed FRAs

8.
Licensees That Have Submitted Cost Estimates But Have Yet to Execute a Frequency
Reconfiguration Agreement (FRA). We hold in abeyance the extension requests received from those CBR
licensees that have submitted a cost estimate but have yet to execute an FRA with Sprint.14 We direct each
licensee without an FRA to either execute an FRA within 75 days of release of this Order or submit to the
TA a report (which the TA shall summarize and provide to the Bureau) regarding the status of FRA
negotiations, together with a schedule detailing when it anticipates that FRA negotiations will be complete
and a brief summary of the issues in dispute. The TA will establish and submit to the Bureau a proposed
schedule for completion of FRA negotiations. After executing its FRA, each licensee covered by this
section must submit to the Bureau, within 30 days of the execution of the FRA, an updated request for
additional time to complete rebanding.


8 We list these licensees in Appendix A-3 of this Order.
9 December CBR Order at 16384 ¶ 4.
10 We list these licensees in Appendix A-4 of this Order.
11 We list these licensees in Appendix A-5 of this Order.
12 CBR Guidance PN, 26 FCC Rcd at 5179. Licensees are also directed to the TA’s website for the template form and
instructions for filing the supplemental waiver requests:
http://www.800ta.org/content/resources/nonborder.asp#supplementalwaiver.
13 We list these licensees in Appendix A-6 of this Order.
14 We list these licensees in Appendix A-7 of this Order.
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DA 12-1305

9.
Licensees That Have Yet to Submit a Cost Estimate. We also hold in abeyance the
extension requests received from licensees that have yet to submit a cost estimate to Sprint.15 We direct
each such licensee to either submit a cost estimate to Sprint within 60 days of release of this Order or to
provide the Bureau with a report explaining why it cannot provide a cost estimate by this date, together with
a schedule detailing when it anticipates submitting a cost estimate.16 Each licensee must file an additional
report every 30 days thereafter until it submits its cost estimate, unless the TA deems such updates to be
unnecessary.17 Upon submission of the cost estimate, the TA will establish and submit to the Bureau a
proposed schedule for expedited FRA negotiations between the licensee and Sprint.

III.

CONCLUSION AND ORDERING CLAUSE

10.
We note that failure to comply with the requirements of this Order, including, but not
limited to, the requirement to file timely extension requests, without good cause shown, may result in
further action by the Public Safety and Homeland Security Bureau, including consideration of whether the
licensee has breached its good faith obligations and is no longer entitled to recover its rebanding costs from
Sprint.
11.
Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47
U.S.C. § 154(i), and Sections 0.191, 0.392, and 1.925 of the Commission’s rules, 47 C.F.R. §§ 0.191, 0.392,
1.925, IT IS ORDERED that the requests for waiver of the April 14, 2011, deadline submitted by the
licensees listed in Appendix A of this order are GRANTED, GRANTED IN PART, OR HELD IN
ABEYANCE, to the extent discussed herein.
FEDERAL COMMUNICATIONS COMMISSION
David S. Turetsky
Chief, Public Safety and Homeland Security Bureau


15 We list these licensees in Appendix A-8 of this Order.
16 Licensees that have been separately ordered by the Bureau to provide a cost estimate in fewer than 60 days shall
comply with the schedule set forth in such separate order.
17 Licensees that have not completed their cost estimates must submit the initial report and updated reports to the
PSHSB800 mailbox, PSHSB800@fcc.gov. The cost to the licensee of preparing and submitting these reports to the
Bureau is presumptively not recoverable from Sprint.
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DA 12-1305

Appendix A18

Appendix A-1 – Licensees Requesting Extensions to Complete Rebanding on or Before April 15, 2013

Relief Granted: Extension to Complete Rebanding on or Before the Date Requested (indicated in
parentheses).

Ann Arbor Transportation Authority [1907] – (Aug. 31, 2012)
Tuscola Co., MI [1983] – (Aug. 31, 2012)
Bath, OH [1908] – (Aug. 31, 2012)
Fayette Co., OH [1911] – (Aug. 31, 2012)
Radio Service Company [1928] – (Aug. 31, 2012)
Oswego Co., NY [1902] – (Sept. 30, 2012)
Clinton County, MI [1957] – (Nov. 2, 2012)
Delaware Co., OH – (Nov. 15, 2012)
Canton, OH [1979] – (Nov. 30, 2012)
Cleveland, OH [1955] – (Dec. 28, 2012)
Michigan State University [1961] – (Dec. 31, 2012)
Greene Co., OH [1913] – (Dec. 31, 2012)
Pickaway Co., OH [1916] – (Dec. 31, 2012)
Springfield, OH [1917] – (Dec. 31, 2012)
Wayne Co., NY [1984] – (Dec. 31, 2012)19
Grand Isle County Mutual Aid Association, Inc. [1933] – (Jan. 1, 2013)
Consumers Energy Company [1942] – (Jan. 31, 2013)
Miami Co., OH [1931] – (Feb. 4, 2013)
Warren, OH [1989] – (Mar. 30, 2013)

Appendix A-2 – Licensees Requesting Extension Dates Beyond April 15, 2013

Relief Granted: Extension Until April 15, 2013 to Either Complete Rebanding or Submit a Further
Request for Waiver Seeking Additional Time.

Barberton, OH [1971]
Columbus, OH [1987]
Eastside Public Safety Comm Agency, WA [1968]
Huron Co., MI [1914]
King Co., WA [1970]
Ohio State University [1915]
San Juan Co., WA [1991]
Seattle, WA [1969]
Snohomish Co., WA [1995]20


18 The number listed in the brackets refers to the TA Waiver Reference Number which may be found at:
http://tatools.800ta.org/PublicTaTools/WaiverProfileStatus.aspx
19 Wayne County was scheduled to complete rebanding by August 11, 2012 per the December CBR Order. December
CBR Order
at 16384 ¶8, App. A-6. The Order however stated that the licensee could submit a request for waiver of
the deadline if unable to complete rebanding. Id. at App. A-6.
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Snohomish County Emergency Radio System, WA [1964]
State of Ohio [1998]
Valley Communications Center, WA [1967]

Appendix A-3 – Licensees With FRAs That Can Not Complete Rebanding Because Certain
Frequencies are Blocked by Downstream Licensees

Relief Granted: Extension Until December 3, 2012 to Either Complete Rebanding or Submit a
Further Request for Waiver Seeking Additional Time.

Akron / Summit Co., OH [1947]
Bellingham, WA [1978]
Bloomfield, MI [1909]
Brown County Sheriff [1956]
Cuyahoga Falls, OH [1922]
Downriver Mutual Aid [1944]
Findlay, OH [1948]
Franklin Co., OH [1912]
Genesee Co., MI [1934]
Grosse Pointe Farms, MI [1954]
Jackson City, MI [2001]
Kitsap Transit [1963]
Lapeer Co., MI [1937]
Livonia, MI [1938]
Montgomery County, OH [1925]
Port of Seattle [1921]
Puyallup, WA [1966]
Skagit Co., WA [1962]
Stark Co., OH [1953]
State of Michigan [1941]
Tacoma, WA [1982]
University of Michigan [1932]
Westland, MI [1951]
Worthington, OH [1923]

Appendix A-4 – Licensees That Have Not Filed an Extension Request

Further Action Required: Within 30 Days, Provide the Transition Administrator (TA) with
Documentation That the Licensee Has Completed Rebanding or Submit a Supplemental Waiver
Request for Additional Time.

Garden City, MI
Ottawa Co., OH [1919]
Skagit Transit System, WA




20 Snohomish County was scheduled to complete rebanding by May 24, 2012 per the December CBR Order.
December CBR Order at 16384 ¶8, App. A-6. The Order however stated that the licensee could submit a request for
waiver of the deadline if unable to complete rebanding. Id. at App. A-6.
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Wayne Co., MI [1976]

Appendix A-5 – Licensees Requesting Extension Dates That Have Since Expired

Further Action Required: Within 30 Days, Provide the TA with Documentation That the Licensee
Has Completed Rebanding or Submit a Supplemental Waiver Request for Additional Time.

ArcelorMittal [1981]
Brook Park, OH / City of Strongsville, OH [1950]
Continental Airlines [1768]
FELHC, Inc. [1972]
Geauga Co., OH [1933]
Green, OH [1990]
Island County Public Transportation Benefit Area [1929]
Jackson Co., MI [1936]
Lucas Co. / Toledo, OH [1926]
Medina Co., OH [1974]
Niagara Frontier Transportation Authority [1930]
Parma Heights, OH [1935]
Parma, OH [1975]
Seattle City Light [1965]

Appendix A-6 – Licensees whose Deadline for Completion of Rebanding Was Tolled

Further Action Required: By the Date Specified Below, Complete Rebanding or Submit a Request for
Waiver of the Deadline.

The Boeing Company (TA approval date: 8/11/11; Rebanding Completion deadline: 8/11/12)
Detroit, MI (TA approval date: 9/7/11; Rebanding Completion deadline: 9/7/12)
Warren, MI (TA approval date: 9/7/11; Rebanding Completion deadline: 9/7/12)
Chrysler Corporation (TA approval date: 9/7/11; Rebanding Completion deadline: 9/7/12)
Northwest Airlines Inc (TA approval date: 9/7/11; Rebanding Completion deadline: 9/7/12)
American Medical Response Inc (TA approval date: 9/9/11; Rebanding Completion deadline: 9/9/12)
BP West Coast Products LLC (TA approval date: 9/9/11; Rebanding Completion deadline: 9/9/12)
Ford Communications Inc (TA approval date: 9/9/11; Rebanding Completion deadline: 9/9/12)
Wiztronics Inc (TA approval date: 9/9//11; Rebanding Completion deadline: 9/9/12)

Appendix A-7 - Licensees That Have Yet to Execute a Frequency Reconfiguration Agreement (FRA)
With Sprint Nextel (Sprint)

Further Action Required: Within 75 Days, Execute an FRA or Submit to the TA the Required Report
and Negotiation Schedule.

Clinton County, NY [1939]
Genesee Co., NY [1924]
Oakland Co., MI [1958]
Orleans Co., NY [1920]
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State of Washington [1949]

Appendix A-8 – Licensees That Have Yet to Submit a Cost Estimate to Sprint

Further Action Required: Within 60 Days, Submit a Cost Estimate to Sprint or Provide to the Public
Safety and Homeland Security Bureau the Required Report and Schedule.21

Ann Arbor, MI [1940]


21 See supra note 16.
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