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PSHSB Seeks Comment on Petition for Declaratory Ruling

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Released: January 25, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-98

Released: January 25, 2013




WT Docket No. 02-55

COMMENTS DUE: February 25, 2013

REPLY COMMENTS DUE: March 11, 2013

By this Public Notice, the Public Safety and Homeland Security Bureau (PSHSB) seeks comment
pursuant to Section 1.2(b) of the Commission’s rules1 on a request for Declaratory Ruling filed by Sprint
Nextel Corporation (Sprint) in the 800 MHz rebanding proceeding.2 In its declaratory ruling request,
Sprint seeks a determination that, based on its cumulative creditable rebanding expenditures, it will not
have to make an “anti-windfall” payment to the U.S. Treasury pursuant to the Commission’s 800 MHz
rebanding orders.3 Should the Commission determine that no anti-windfall payment is required, Sprint
urges the Commission to simplify and streamline certain rebanding-related record-keeping and audit
Sprint further requests that the Commission allow Sprint to reduce below $850 million the
minimum amount of the Letter of Credit that Sprint was required to obtain to secure its relocation funding
obligations.5 The Commission has allowed reductions in the original $2.5 billion Letter of Credit amount
as Sprint has paid rebanding expenses, but previously established an $850 million “floor” for the Letter of
Credit balance.6 Sprint contends that this minimum balance no longer serves the public interest because it
exceeds the amount that Sprint will need to pay to complete the rebanding of 800 MHz systems that have
not rebanded to date.7

1 47 C.F.R. § 1.2(b).
2 Petition for Declaratory Ruling filed by Sprint Nextel Corporation (filed Jan. 22, 2013) (Petition). The Petition is
available in the FCC Electronic Comment Filing System (ECFS), Select “Search for
Filings” and enter “02-55” in the “Proceeding Number” field.
3 Id. at 5-13.
4 Id. at 15-16.
5 Id. at 16-19.
6 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, 14987 (2004).
7 Petition at 18.

We seek comment on Sprint’s Petition for Declaratory Ruling and announce the pleading cycle
during which comments and replies may be filed.
This proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex
parte rules. See generally 47 C.F.R. §§ 1.1200-1.1216. As a result of the permit-but-disclose status of
this proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of
the Commission’s rules applicable to non-restricted proceedings.8 Persons making ex parte presentations
must file a copy of any written presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). Written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the electronic comment filing system
available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable
.pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.
Parties may file comments on the Petition for Declaratory Ruling on or before February 25, 2013.
Reply comments may be filed on or before March 11, 2013.
Please place the rulemaking number, WT Docket No. 02-55, on all filings. Comments may be
filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings
, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

8 47 C.F.R. § 1.1206.

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
Copies of the Petition and any subsequently filed documents in this matter are also available for
inspection in the Commission’s Reference Information Center:
445 12th Street, S.W., CY-Level
Washington, D.C. 20554
(202) 418-0270
For further information, contact John A. Evanoff, Esq., Policy and Licensing Division, Public
Safety and Homeland Security Bureau, at 202-418-0848 or
Action by the Deputy Chief, Policy and Licensing Division, Public Safety and Homeland
Security Bureau.
– FCC –

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