Goto Section: 90.675 | 90.677 | Table of Contents
FCC 90.676
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 90.676 Transition administrator for reconfiguration of the 806-824/851-869
MHz band in order to separate cellular systems from non-cellular systems.
The Transition Administrator will be an independent party with no financial
interest in any 800 MHz licensee; and will be selected by a committee
representative of 800 MHz licensees. The Transition Administrator will serve
both a ministerial role and a function similar to a special master in a
judicial proceeding.
(a) The duties of the Transition Administrator will include, but not be
limited to:
(1) Obtaining estimates from licensees regarding the cost of reconfiguring
their systems and ensuring that estimates contain a firm work schedule. The
Transition Administrator will retain copies of all estimates and make them
available to the Commission on request.
(2) Mediating disputes regarding cost estimates for reconfiguring a system.
(3) Issuing the Draw Certificate to authorize and instruct the Letter of
Credit Trustee to draw down on the Letter of Credit to pay relocation costs
in connection with reconfiguring a licensee's system.
(4) Establishing a relocation schedule on a NPSPAC region-by-region basis,
prioritizing the regions on the basis of population. However, should a given
region be encountering unusually severe amounts of unacceptable
interference, that region may be moved up in priority. Any party disputing
such a change in priority may refer the matter to the Chief, Public Safety
and Homeland Security Bureau, who hereby is delegated the authority to
resolve such disputes. The Transition Administrator may direct that
adjoining regions be reconfigured simultaneously when conditions so require.
(5) The Transition Administrator will coordinate relocation of a NPSPAC
Region's NPSPAC channels with the relevant Regional Planning Committee(s)
prior to commencing band reconfiguration in a NPSPAC Region.
(b) Once band reconfiguration commences in a given NPSPAC Region, the
Transition Administrator will;
(1) Monitor the retuning schedule and resolve any schedule delays or refer
same to the Chief, Public Safety and Homeland Security Bureau, for
resolution;
(2) Coordinate with adjoining NPSPAC Regions to ensure that interference is
not being caused to their existing facilities from relocated stations;
(3) Provide quarterly progress reports to the Commission in such detail as
the Commission may require and include, with such reports, certifications by
Nextel and the relevant licensees that relocation has been completed and
that both parties agree on the amount received from the letter of credit
proceeds in connection with relocation of the licensees' facilities. The
report shall include description of any disputes that have arisen and the
manner in which they were resolved. These quarterly reports need not be
audited. The Transition Administrator may select the dates for filing the
quarterly progress reports;
(4) Provide the Chief, Public Safety and Homeland Security Bureau, with an
annual audited statement of relocation funds expended to date, including
salaries and expenses of Transition Administrator. The Transition
Administrator may select the date for filing the annual audited statement;
(5) Facilitate resolution of disputes by mediation; or referral of the
parties to alternative dispute resolution services as described in
§ 90.677(d).
(6) Notify the Commission when band reconfiguration is complete in each 800
MHz NPSPAC Region and identify which vacant channels are exclusively
available to eligible applicants in the Public Safety or Critical
Infrastructure Industry Categories as set forth in § § 90.615(a), (b) and
90.617(g), (h).
(c) The Transition Administrator may not serve as the repository of funds
used in band reconfiguration, excepting such sums as Nextel may pay for the
Transition Administrator's services. Moreover, the Transition Administrator
will not be certified by the Commission as a frequency coordinator.
[ 69 FR 67849 , Nov. 22, 2004, as amended at 70 FR 6760 , Feb. 8, 2005; 70 FR 76711 , Dec. 28, 2005; 71 FR 69038 , Nov. 29, 2006]
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Goto Section: 90.675 | 90.677
Goto Year: 2014 |
2016
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