********************* ********************* ************** NOTICE ********************* ********************* ************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ********************* ********************* ********************* ** PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-625 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: April 1, 1998 CLARIFICATION OF PROCEDURES FOR ISSUANCE OF TAX CERTIFICATES REGARDING RELOCATION OF MICROWAVE INCUMBENT LICENSEES [Corrected Notice] By this Public Notice we remind interested parties that the Commission will not issue tax certificates to microwave incumbent licensees forced to relocate or who reach agreements with A- and B- Block Personal Communications Services (PCS) licensees after the mandatory negotiation period. In some cases, this period may end as soon as April 4, 1998, for microwave incumbent licensees who are not public safety licensees. In its Report and Order in ET Docket No. 92-9, the Commission established a two-year mandatory negotiation period for incumbents who are public safety licensees, to commence at the option of the PCS licensee. For all other microwave incumbents, there is a one-year mandatory negotiation period. This mandatory negotiation period cannot begin until after the expiration of the three-year voluntary negotiation period for public safety incumbents (a two-year period for other microwave incumbents). Because the voluntary negotiation period began on April 5, 1995, for A- and B-Block PCS licensees, they could have elected to begin the one-year mandatory negotiation period with incumbents who are not public safety licensees as soon as April 5, 1997. Accordingly, the period for reaching agreements that are eligible for tax certificates could conclude as soon as April 4, 1998, for these licensees. We nonetheless note that regardless of when particular mandatory negotiation periods are commenced by A- and B-Block PCS licensees, the Commission will not issue tax certificates to microwave incumbent licensees forced to relocate or who reach agreements with A- and B-Block PCS licensees after the mandatory negotiation period. Tax certificate requests will be processed under the terms of the Public Notice, DA 95-1659, released August 3, 1995 (corrected notice). Requests should be sent to the Federal Communications Commission, Public Safety and Private Wireless Division, 2025 M Street, N.W., Room 8010, Washington, D.C. 20554, and marked "Attn: Tax Certificate Request." The processing of requests that do not include all information requested in the Public Notice may be delayed or denied. In preparing their requests, applicants are reminded to refer to the Public Notice and to include the following:  a statement that the certification is being made under penalty of perjury; and  the date PCS licenses were granted (A- and B-Blocks were granted June 23, 1995) and the PCS market names and numbers. Applicants are also reminded that tax certificate requests should be signed and submitted after the consummation date (i.e., the date the fixed microwave incumbent ceased use of, assigned, transferred, or otherwise relinquished control of the path(s) in the affected band). For further information, contact Jamison Prime, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, at jprime@fcc.gov or (202) 418-7474. -- FCC --