Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

IMPROVING PUBLIC SAFETY COMMUNICATIONS IN THE 800 MHZ BAND

Download Options

Released: December 23, 2009

Federal Communications Commission

DA 09-2624

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
)

ORDER

Adopted: December 22, 2009

Released: December 23, 2009

By the Chief, Public Safety and Homeland Security Bureau:

I.

INTRODUCTION

1.
By this Order, pursuant to delegated authority, we (1) postpone the 800 MHz rebanding
financial reconciliation “true-up” date from December 31, 2009 to June 30, 2010, and (2) require the 800
MHz Transition Administrator (TA) to file a report by May 31, 2010, with its recommendation on
whether the true-up date should occur on June 30, 2010, or be further postponed.

II.

BACKGROUND

2.
The true-up was established in the 800 MHz Report and Order to assess the total
creditable rebanding costs incurred by Sprint Nextel Corporation (Sprint) 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.1 If the true-up shows
the value of the 1.9 GHz spectrum to exceed Sprint’s combined 800 MHz and BAS relocation costs,
Sprint must pay the difference in an “anti-windfall” payment to the U.S. Treasury.2
3.
The 800 MHz Report and Order originally required Sprint to complete 800 MHz
rebanding in non-border areas within thirty-six months3 and provided that that the true-up would occur
within six months thereafter.4 The thirty-six month rebanding period expired on June 26, 2008, at which
time neither 800 MHz rebanding nor BAS relocation was complete.5 Accordingly, on June 25, 2008,
Sprint requested that the true-up – which was scheduled to occur on December 26, 2008 – be postponed
indefinitely until both 800 MHz rebanding and BAS relocation were complete.6 Noting that both
rebanding projects had been subject to unforeseen complexity and delay, Sprint contended that
conducting the true-up as scheduled would be premature and would fail to account for significant
rebanding costs that Sprint had yet to incur.7


1 Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order,
Fourth Memorandum Opinion and Order, and Order
, 19 FCC Rcd 14969, 15124 ¶ 330 (2004) (800 MHz Report
and Order
).
2 Id.
3 Id. at 14977 ¶ 11.
4 Id. at 15124 ¶ 330.
5 Improving Public Safety Communications in the 800 MHz Band, Fourth Memorandum Opinion and Order, 23
FCC Rcd 18512, 18514 ¶ 9 (2008) (Fourth Memorandum Opinion and Order).
6 Id. at 18512 ¶ 1.
7 Id. at 18513-14 ¶ 6.

Federal Communications Commission

DA 09-2624

4.
In its December 2008 Fourth Memorandum Opinion and Order, the Commission granted
Sprint’s request in part and extended the true-up date from December 26, 2008 until July 1, 2009.8 The
Commission found that circumstances had changed since the establishment of the initial true-up schedule,
and that neither 800 MHz rebanding nor BAS relocation had progressed sufficiently to justify conducting
the true-up as originally scheduled. However, the Commission declined to postpone the true-up
indefinitely, noting that Sprint could incur sufficient creditable costs before the completion of rebanding
to allow the true-up to proceed.9 The Commission therefore extended the true-up date until July 1, 2009,
and directed the TA to file a report by May 1, 2009, with its recommendation on whether rebanding had
progressed sufficiently that the true-up should be conducted on July 1, 2009, or whether it should be
further postponed.10 The Commission also delegated authority to the Public Safety and Homeland
Security Bureau (Bureau) to consider and grant further extensions of the true-up deadline based on the
TA’s recommendation.11
5.
The TA filed its report on May 1, 2009, recommending that the true-up be postponed
until December 31, 2009, and that the TA file a report by November 1, 2009, with its further
recommendation on whether rebanding has made sufficient progress to proceed with the true-up or
whether the true-up should again be postponed.12 On June 24, 2009, the Bureau issued an order deferring
the true-up until December 31, 2009, and directed the TA to file a report by November 2, 2009, with its
recommendation on whether the true-up should occur on December 31, 2009 or be further postponed.13
6.
On November 2, 2009, the TA filed its report recommending that the true-up date be
further extended from December 31, 2009 until June 30, 2010.14 The TA stated that “[s]ince the
Commission released its True-Up Deferral Order, there has been an incremental increase in the 800 MHz
reconfiguration expenditures. A substantial number of licensees, however, have yet to complete
rebanding and a true-up as of December 31, 2009, would fail to take into account a large portion of Sprint
Nextel’s eventual cost obligation.”15

III.

DISCUSSION

7.
In the True-Up Deferral Order, the Bureau found that, based on the progress to date of
both the 800 MHz rebanding and the BAS relocation, it would be premature for the TA to conduct the
true-up because it would fail to take into account a large portion of Sprint Nextel’s eventual cost
obligation.16 The TA has indicated that despite additional progress in rebanding since then, Sprint Nextel


8 Id. at 18512 ¶ 1.
9 Id. at 18515 ¶ 11.
10 Id. at 18515 ¶ 12.
11 Id.
12 Recommendation to Postpone 800 MHz Rebanding Financial True-Up, WT Docket 02-55, filed May 1, 2009 by
the 800 MHz Transition Administrator, LLC, at 2.
13 See Improving Public Safety Communications in the 800 MHz Band, WT Docket No. 02-55, Order, 24 FCC Rcd
8410 (PSHSB 2009) (True-Up Deferral Order).
14 Recommendation to Further Postpone 800 MHz Rebanding Financial True-Up, WT Docket 02-55, filed
November 2, 2009 by the 800 MHz Transition Administrator, LLC, at 1 (True-Up Report). The TA further
recommended as part of the true-up process that the TA have six months from the financial true-up date to submit a
final true-up report to the Commission. Therefore, unless further extended, the true-up would be performed based
on expenditures as of June 30, 2010, with the final true-up report issued to the Commission by December 31, 2010.
Id. at n. 2.
15 Id. at 1.
16 See True Up Deferral Order, 24 FCC Rcd at 8411 ¶ 6.
2

Federal Communications Commission

DA 09-2624

has still not incurred sufficient rebanding expenditures to warrant moving forward with the true-up at this
time.17 We agree with the TA’s analysis. While continued progress has been made in 800 MHz
rebanding, a substantial number of licensees has yet to complete the process.18 Therefore, we conclude
that a true-up of Sprint’s rebanding expenditures as of December 31, 2009, would be premature because it
would fail to take into account a large portion of Sprint’s eventual cost obligation.
8.
We therefore extend the true-up date until June 30, 2010, and direct the TA to file a
report by May 31, 2010, with its recommendation on whether the true-up should be conducted based on
rebanding expenditures incurred by Sprint as of June 30, 2010, or be further postponed. Should the true-
up be conducted based on expenditures as of June 30, 2010, the TA shall submit its final true-up report by
December 31, 2010. We emphasize that our action with respect to the true-up date is intended to have no
impact on any other aspect of the timetable for either 800 MHz rebanding or BAS relocation.

IV.

ORDERING CLAUSES

9.
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 90.677 of the Commission’s rules, 47 C.F.R. §§ 0.191,
0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth
Memorandum Opinion and Order
SHALL BE CALCULATED based on rebanding expenditures by
Sprint Nextel Corporation as of June 30, 2010.
10.
IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz
Transition Administrator SHALL FILE its final true-up report by December 31, 2010.
11.
IT IS FURTHER ORDERED that the Transition Administrator SHALL FILE in this
docket its recommendation on further extension of the true-up date by May 31, 2010.
FEDERAL COMMUNICATIONS COMMISSION
James Arden Barnett, Jr., Rear Admiral (Ret.)
Chief
Public Safety and Homeland Security Bureau


17 True-Up Report at 2.
18 800 MHz Transition Administrator, LLC Quarterly Progress Report For The Quarter Ended June 30, 2009, filed
September 24, 2009 at 1. Similarly, the Bureau noted previously, the Commission extended the deadline for BAS
relocation until February 8, 2010. See True Up Deferral Order, 24 FCC Rcd at 8411 ¶ 6 citing Improving Public
Safety Communications in the 800 MHz Band, WT Docket 02-55, Report and Order and Order and Further Notice
of Proposed Rulemaking
, 24 FCC Rcd 7904 (2009).
3

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.