Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

WTB Seeks Comment on Waiver Request by Sprint Nextel Corp.

Download Options

Released: March 30, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500
445 12th St., S.W.
Fax-On-Demand 202 / 418-2830
TTY 202 / 418-2555

Washington, D.C. 20554

Internet: https://www.fcc.gov

DA 12-506

Released: March 30, 2012

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT

ON REQUEST BY SPRINT NEXTEL CORPORATION FOR

WAIVER OF SECTION 90.209 OF THE COMMISSION’S RULES

WT Docket No. 12-82

Comment Date: April 30, 2012


By this Public Notice we seek comment on the requests of Sprint Nextel Corp. (Sprint Nextel)1 to
exceed the applicable channel spacing and bandwidth limitation in the 817-824/862-869 MHz band.2
Sprint Nextel seeks to deploy CDMA in the 817-821/862-866 MHz band segment in 11 economic areas
(EA)3 in which it holds EA-based 800 MHz specialized mobile radio (SMR) licenses.4 Sprint Nextel
asserts that a waiver is necessary to deploy CDMA, which it asserts uses a 1.30 MHz channel on
contiguous spectrum, because Section 90.209 only permits 25 kHz channels with a bandwidth of 20 kHz.5
We note that the Commission adopted a Notice of Proposed Rulemaking on March 9, 2012 proposing to
eliminate the channel spacing and bandwidth limitation in Section 90.209 for EA-based 800 MHz SMR
licensees in the 813.5-824/858.5-869 MHz band, subject to proposed conditions to protect against any
potential interference to 800 MHz public safety licensees.6
Sprint Nextel argues that the public interest will be served by the waiver because CDMA
deployed on its EA-based 800 MHz SMR spectrum will result in improved coverage, increased capacity,


1 Requests for Waiver of Section 90.209 of the Commission’s Rules to Permit the Operation of Broadband CDMA
Technology in the 817-824/862-869 MHz Band, Request for Rule Waiver (filed Mar. 27, 2012) (Waiver Request).
2 47 C.F.R. § 90.209(b)(5).
3 See Attachment A for a list of the EAs and call signs for which Sprint Nextel seeks a waiver of Section 90.209.
4 Waiver Request at 1.
5 Id. at 3-4; 47 C.F.R. § 90.209(b)(5).
6 See Improving Spectrum Efficiency Through Flexible Channel spacing and Bandwidth Utilization for Economic
Area-based 800 MHz Specialized Mobile Radio Licensees; Request for Declaratory Ruling that the Commission’s
Rules Authorize Greater than 25 kHz Bandwidth Operations in the 817-824/862-869 MHz Band, FCC 12-25, WT
Docket Nos. 12-64, 11-110, Notice of Proposed Rulemaking (2012); Channel Spacing and Bandwidth Limitations
for Certain Economic Area (EA)-based 800 MHz Specialized Mobile Radio (SMR) Licensees, 77 Fed. Reg. 18991
(proposed Mar. 29, 2012) (to be codified at 47 C.F.R. § 90.209). We note that comments in response to the Notice
of Proposed Rulemaking
must be filed no later than April 13, 2012, and reply comments must be filed no later than
April 23, 2012. Comments filed in the instant docket (Docket No. WT 12-82) will not be considered in response to
the Notice of Proposed Rulemaking, and comments filed in the dockets for the Notice of Proposed Rulemaking
(Docket Nos. WT 12-64, WT 11-110) will not be considered in response to this Public Notice. Commenters must
file separate comments addressing the issues raised in the Public Notice or the Notice of Proposed Rulemaking in the
relevant docket(s) for the relevant proceeding.

and increased broadband data speeds for Sprint Nextel subscribers.7 Sprint Nextel also argues that
Commission action to facilitate competition in the wireless market by assigning wide-area SMR licenses
over contiguous channel blocks will be frustrated by the application of Section 90.209 in this case.8
Further, Sprint Nextel argues that its CDMA network architecture will reduce the risk of interference to
800 MHz public safety licensees relative to its legacy iDEN network currently deployed on the relevant
spectrum.9 Sprint Nextel notes that the Commission has previously granted it special temporary authority
and waivers to allow it to exceed the channel spacing and bandwidth limitation on its EA-based 800 MHz
SMR licenses in certain markets, subject to conditions to ensure such operation does not increase
interference to 800 MHz public safety licensees.10

Procedural Matters

Comments are due no later than April 30, 2012. All filings should reference the docket number
of this proceeding, WT 12-82.
This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with
the Commission's ex parte rules.11 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 parte 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). In
proceedings governed by rule 1.49(f) or for which the Commission has made available a method of
electronic filing, 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.
The waiver request can be accessed electronically via the Commission’s Universal Licensing
System, http://wireless.fcc.gov/uls, under Sprint Nextel’s call signs listed in Attachment A. The request,
and comments and reply comments filed in response to this Public Notice, will be available for public
inspection and copying in the Commission's Reference Center, Room CY-A257, 445 12th Street, S.W.,
Washington, D.C. 20554, and via the Commission's Electronic Comment Filing System (ECFS) by
entering the docket number, WT 12-82. Copies of the request are also available from Best Copy and
Printing, Inc., telephone (800) 378-3160, facsimile (301) 816-0169, e-mail FCC@BCPIWEB.com.


7 Waiver Request at 4.
8 Id. at 3-4.
9 Id. at 4-5.
10 Id. at 4; Sprint Nextel Call Signs WPLM660, WPLM661, WQNX442, WQNX443, WQNX444, WQOQ770,
WQOQ771, WQOQ772, and WQOU823.
11 See 47 C.F.R. §§ 1.1200(a), 1.1206.
2

Comments may be filed using the ECFS or by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS
can be sent as an electronic file via the Internet to https://www.fcc.gov/cgb/ecfs/. Generally, only one
copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the
caption of this proceeding, however, commenters must transmit one electronic copy of the comments to
each docket or rulemaking number referenced in the caption. In completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing address, and the applicable
docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. For
filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov , and should
include the phrase “get form” in the body of the message, A sample form and directions will be sent in
reply.
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, commenters 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 (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the
Secretary, Federal Communications Commission, as follows:
- All hand-delivered paper filings for the Commission’s Secretary must be delivered to FCC
Headquarters at 445 12th St., S.W., Room TW-A325, Washington, DC 20554. All hand deliveries
must be held together with rubber bands or fasteners. Envelopes must be disposed of before
entering the building. The filing hours at this location are 8:00 a.m. to 7:00 p.m.

PLEASE
NOTE:

This is the

ONLY

location where hand-delivered or messenger-delivered paper filings
for the Commission’s Secretary will be accepted. The Commission’s former filing location at
236 Massachusetts Ave., N.E., is permanently closed.
- 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.
- U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445
12th Street, S.W., Washington, DC 20554.
- All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
Parties are requested to send one copy of their comments and reply comments to Best Copy and
Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (800) 378-
3160, e-mail FCC@BCPIWEB.com.
Alternate formats of this Public Notice (computer diskette, large print, audio recording, and
Braille) are available to persons with disabilities by contacting the Consumer & Governmental Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an e-mail to fcc504@fcc.gov.
For further information, contact Brian Regan, Mobility Division, Wireless Telecommunications
Bureau, at (202) 418-2849, Brian.Regan@fcc.gov.
Action by the Associate Chief, Mobility Division, Wireless Telecommunications Bureau.
- FCC -
3

ATTACHMENT A

Call Sign

Licensee

Economic Area

WPOH308
Nextel of Texas, Inc.
130
WPOH309
Nextel of Texas, Inc.
130
WPOI366
Nextel WIP License Corp.
130
WPOI367
Nextel WIP License Corp.
130
WPQT222
Nextel WIP Expansion Two, Corp.
130
WPQT238
Nextel WIP Expansion Two, Corp.
130
WPOH311
Nextel of Texas, Inc.
131
WPOH312
Nextel of Texas, Inc.
131
WPOI369
Nextel WIP License Corp.
131
WPOI370
Nextel WIP License Corp.
131
WPOH208
Nextel License Holdings 4, Inc.
093
WPOH209
Nextel License Holdings 4, Inc.
093
WPOH225
Nextel License Holdings 4, Inc.
099
WPOH226
Nextel License Holdings 4, Inc.
099
WPLM636
Nextel License Holdings 1, Inc.
031
WPLM637
Nextel License Holdings 1, Inc.
031
WPLM579
Nextel Communications of the Mid Atlantic, Inc.
012
WPLM580
Nextel Communications of the Mid Atlantic, Inc.
012
WPOI319
Nextel WIP License Corp.
012
WPOI320
Nextel WIP License Corp.
012
WPOH320
Nextel of Texas, Inc.
134
WPOH321
Nextel of Texas, Inc.
134
WPOK475
Nextel WIP Expansion, Corp.
134
WPOK476
Nextel WIP Expansion, Corp.
134
WPOH393
Nextel of California, Inc.
163
WPOH394
Nextel of California, Inc.
163
WPOH290
Nextel License Holdings 4, Inc.
123
WPOH291
Nextel License Holdings 4, Inc.
123
WPOH293
Nextel License Holdings 4, Inc.
124
WPOH294
Nextel License Holdings 4, Inc.
124
WPOH287
Nextel License Holdings 4, Inc.
122
WPOH288
Nextel License Holdings 4, Inc.
122
WPQT233
Nextel WIP Expansion Two, Corp.
122
WPQT234
Nextel WIP Expansion Two, Corp.
122
4

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.