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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

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Released: May 4, 2011

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: https://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 11-644

Released: April 8, 2011

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

Bureau Extends U.S. Canada Border Application Freeze Dates

WT Docket No. 02-55

By this Public Notice, the Public Safety and Homeland Security Bureau (Bureau) establishes
procedures and provides guidance for submission of requests for waiver of the April 14, 2011 rebanding
deadline for 800 MHz licensees in or affected by the Canada Border Region (CBR). Rebanding
commenced in regions adjacent to the Canada border pursuant to the Second Report and Order in WT
Docket 02-55 released May 9, 2008.1
Any 800 MHz licensee in or affected by the CBR (CBR Licensee) that will require additional
time past April 14, 2011 to complete rebanding2 must request a waiver of the deadline from the Bureau.3
The guidance in this Public Notice is intended to expedite the preparation and submission of waiver
requests by licensees and the review of waiver requests by the Bureau, consistent with the Commission's
overarching goal of ensuring that rebanding is accomplished in a reasonable, prudent, and timely manner.
As the Commission has noted before: "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


1 Improving Public Safety Communications in the 800 MHz Band, New 800 MHz Band Plan for U.S. Canada
Border Regions, WT Docket 02-55, Second Report and Order, 23 FCC Rcd 7605 (PSHSB 2008), amended by
Erratum
, May 28, 2008.
2 Licensees that have completed physical reconfiguration of their systems by April 14, 2011 will be deemed to have
met the deadline. Such licensees remain responsible after the deadline for promptly submitting final rebanding cost
documentation to Sprint Nextel Corporation and/or the Transition Adminsitrator and modifying their licenses to
delete pre-rebanding channels.
3 See, e.g., Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Third Memorandum
Opinion and Order
, 22 FCC Rcd 17209, 172224 48 (2007) (800 MHz 3rd MO&O). Failure to seek a waiver may
result in a licensee being required to pay its own rebanding costs based on a determination that the licensee has
caused unjustified delay or has otherwise failed to meet its obligation to implement rebanding in good faith.
4 See Federal Communications Commission Provides Guidance for Submission of Requests for Waiver of June 26,
2008 Deadline for Completion of 800 MHz Rebanding, WT Docket 02-55, Public Notice, 23 FCC Rcd 664 (2008).

Deadline for Filing Waiver Requests
CBR Licensees requiring additional time past April 14, 2011 to complete rebanding must file
requests for waiver no later than 45 days after April 14, 2011, i.e. by May 31, 2011,5 except for licensees
for which the filing deadline is tolled.
CBR Licensees that must file waiver requests by May 31, 2011 fall in three categories:
1. CBR Licensees that executed a Frequency Reconfiguration Agreement (FRA) with Sprint
Nextel Corporation (Sprint) before April 14, 2011 must file an extension request and a
proposed timetable for completion.6
2. CBR Licensees that have executed an FRA with Sprint but cannot complete rebanding
because a "downstream" licensee is blocking their replacement channels must file a waiver
request detailing the non-frequency dependent activities they have engaged in to date, and
must propose a timetable for completion of all rebanding activities once their replacement
channels are free of encumbrances.
3. CBR Licensees that are unable to propose a specific timetable because they have not
executed an FRA with Sprint prior to April 14, 2011 must file an interim waiver request in
which they state when they anticipate signing an FRA. Once the FRA is signed, these
licensees must submit a final waiver request, including a proposed timetable for completion.
Waiver Requirement Tolled for Licensees Without TA Approval of their FRAs
Some CBR licensees have completed negotiations for an FRA and filed the FRA with the 800
MHz Transition Administrator (TA), but the TA has not yet approved the FRA pending resolution of
frequency conflicts with Canadian stations. For these licensees (listed in Appendix A), the deadline for
completion of rebanding is tolled until twelve months after their FRA is approved by the TA. Any such
licensee that will not complete rebanding by that deadline must submit a waiver request prior to that date.
Filing Procedures
CBR Licensees may file waiver requests with the Bureau via e-mail through the
PSHSB800@fcc.gov mailbox.7 Licensees should provide electronic copies of their requests to both
Sprint and the TA.8 Requests will be posted on the Bureau website and in the licensee's Universal
Licensing System (ULS) file.9 For ULS posting purposes, we recommend that licensees with multiple
call-signs designate a lead call-sign in the request.


5 Because the 45th day after April 14th falls on a weekend and the following Monday is a holiday, licensees shall file
waiver requests on or before Tuesday, May 31, 2011.
6 Any licensee that executes an FRA with Sprint after April 14, 2011 but prior to May 31, 2011 may file an
extension request as if it completed the FRA prior to April 14, 2011.
7 Requests filed via e-mail must be attached to the e-mail as a separate document.
8 Copies of the waiver requests must be sent to the TA via e-mail to Waivers@800ta.org, and to Sprint via e-mail to
800MHz@sprint.com.
9 Information for which confidentiality is sought under Part 0.459 of the Commission's Rules will not be posted.
2

Consolidated Waiver Requests
We encourage CBR Licensees that are part of a regional coordination plan, or that are otherwise
coordinating their rebanding efforts, to file consolidated waiver requests.10
Recommended Content of Waiver Requests
The TA has developed a template waiver request form for licensees to use to provide the
information that we recommend including in their waiver requests. The template is available on the TA's
website at http://www.800ta.org/content/resources/forms.asp. To expedite licensee preparation of
requests and Bureau review, we recommend that CBR Licensees use this template in preparing their
requests.11
We recommend that licensees include the following in their requests:

A description of system size and complexity.

Interoperability arrangements with other systems, and how accommodating continued
interoperability may affect the ultimate rebanding schedule.

Steps already taken to complete reconfiguration, including any participation in the Subscriber
Equipment Deployment (SED) program and participation in a TA-sponsored regional
Implementation Planning Session (or a commitment to participate in such a session).12

A proposed timetable with the following elements:
o The steps in the rebanding process that have been or will be taken prior to the April 14,
2011 deadline.
o Anticipated dates of commencement and completion of:

Replacement or retuning of mobiles/portables.

Infrastructure retuning.
o The anticipated date(s) that the licensee will commence operations on its post-rebanding
channels and stop operations on its pre-rebanding channels.
o Additional rebanding steps that the licensee must take after commencement of operations
on rebanded channels, e.g., removing old channels from radios, and the anticipated date
for completion of these steps.


10 Consolidating licensees may designate a "lead" licensee to file a waiver request on their behalf. For tracking
purposes, however, each licensee that is part of the requesting group should separately provide the information
regarding its system described in this Public Notice and set forth in the template developed by the TA.
11 If the licensee has also previously filed a waiver request for a system in the non-border area, please reference the
previous waiver ID as listed on the TA's website (http://www.800ta.org/content/resources/tools.asp - see Waiver
Request Lookup) in your CBR filing.
12 For a list of previously held and upcoming regional planning sessions sponsored by the TA, see www.800ta.org.
Licensees that have failed to participate in a planning session for their region should contact the TA to determine
whether their proposed schedule is consistent with implementation goals identified in the planning session.
3

Freeze on Applications
Because of the significant number of CBR Licensees that must complete rebanding along the
CBR, we extend, until April 14, 2012, the current freeze on filing non-rebanding related 800 MHz
applications. As the Bureau has noted previously, a freeze on non-rebanding applications is needed to
preserve vacant channels for use by licensees that still need to retune to post-rebanding replacement
channels.13
The freeze on applications applies to the NPSPAC Regions listed in Appendix B attached to this
Public Notice. The freeze also applies to stations located within seventy miles of the borders of the
NPSPAC Regions listed in Appendix B. The freeze applies only to applications for new facilities or
modification applications that involve a change of frequency or expand a station's existing coverage
area.14 Applications that have no effect on frequency or coverage (e.g., administrative updates,
assignments/transfers, and renewal-only applications) are exempt from the freeze.15

Furthermore, for good cause shown, licensees may seek Special Temporary Authorization (STA)
to expand their facilities or add channels during the freeze, based on an appropriate showing of public
interest as described in the Bureau's December 2006 STA Guidance Public Notice.16
Contact Information
For further information, contact: Brian Marenco, Policy Division, Public Safety and Homeland
Security Bureau, at (202) 418-0838 or Brian.Marenco@fcc.gov; John Evanoff, Policy Division, Public
Safety and Homeland Security Bureau, at (202) 418-0848 or John.Evanofff@fcc.gov; Roberto
Mussenden, Policy Division, Public Safety and Homeland Security Bureau at (202) 418-1428 or at
Roberto.Mussenden@fcc.gov.
Action by the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau.
FCC


13 Public Safety and Homeland Security Bureau Reinstates 800 MHz Application Freeze for Wave 4 Border Area
NPSPAC and Non-NPSPAC Licensees Along the U.S.-Canada Border, WT Docket 02-55, Public Notice, 25 FCC
Rcd 11049, 11049-50 (PSHSB 2010).
14 Id. at 11050.
15 Id.
16 See Public Safety and Homeland Security Bureau Provides Guidance for Public Safety Licensees With Regard to
License Application and Special Temporary Authorization Procedures and Payment of Frequency Relocation Costs
for Public Safety Facilities Added During 800 MHz Band Reconfiguration, WT Docket No. 02-55, Public Notice,
21 FCC Rcd 14658 (PSHSB 2006).
4

Appendix A

Licensees for Which the Deadline is Tolled
Federal Express Corporation
American Medical Response, Inc
ConocoPhillips Communications, Inc.
BP West Coast Products, LLC
Delta Air Lines, Inc
Chrysler, LLC
Wiztronics, Inc
Ford Communications, Inc
The Boeing Company
Detroit, City of, MI
Snohomish, County of, WA
Wayne, County of, NY
Warren, City of, MI
Tuscola, County of, MI
Detroit Public Schools
5

Appendix B

NPSPAC Regions in the Canada Border Region Subject to the Freeze

NPSPAC Region
Description of Region17
21
Michigan
30
Eastern Upstate NY
33
Ohio
36
Western PA
43
Washington State
55
Western Upstate NY


17 Regions that are only a portion of a state or states are defined by counties. A list of the counties in each of these
regions can be accessed at https://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt.
6

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