Goto Section: 90.676 | 90.681 | Table of Contents
FCC 90.677
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 90.677 Reconfiguration of the 806-824/851-869 MHz band in order to separate
cellular systems from non-cellular systems.
In order to facilitate reconfiguration of the 806-824/851-869 MHz band (“800
MHz band”) to separate high-density cellular systems from non-cellular
systems, Nextel Communications, Inc. (Nextel) may relocate incumbents within
the 800 MHz band by providing “comparable facilities.” For the limited
purpose of band reconfiguration, the provisions of § 90.157 shall not apply
and inter-category sharing will be permitted under all circumstances. Such
relocation is subject to the following provisions:
(a) Within thirty days of Commission approval of the Transition
Administrator, the Transition Administrator described in § 90.676 will
provide the Commission with a schedule detailing when band reconfiguration
shall commence for each NPSPAC Region. The plan should also detail—by NPSPAC
Region—which relocation option each non-Nextel ESMR licensees has chosen.
The Chief, Public Safety and Homeland Security Bureau will finalize and
approve such a plan. The schedule shall provide for completion of band
reconfiguration in no more than thirty-six months following release of a
public notice announcing the start date of reconfiguration in the first
NPSPAC region. Relocation will commence according to the schedule set by the
Transition Administrator but all systems must have commenced reconfiguration
within thirty months of release of a public notice announcing the start date
of reconfiguration in the first NPSPAC region.
(b) Voluntary negotiations. Thirty days before the start date for each
NPSPAC region other than Region 47 and Region 48, the Chief, Public Safety
and Homeland Security Bureau will issue a public notice initiating a
three-month voluntary negotiation period. During this voluntary negotiation
period, Nextel and all incumbents may negotiate any mutually agreeable
relocation agreement. Sprint Nextel and relocating incumbents may agree to
conduct face-to-face negotiations or either party may elect to communicate
with the other party through the Transition Administrator.
(c) Mandatory negotiations. If no agreement is reached by the end of the
voluntary period, a three-month mandatory negotiation period will begin
during which both Sprint Nextel and the incumbents must negotiate in “good
faith.” In Region 47, a 90-day mandatory negotiation period will begin 60
days after the effective date of the Third Report and Order and Third
Further Notice of Proposed Rulemaking in WT Docket 02-55. In Region 48, a
90-day mandatory negotiation period will begin on March 21, 2011. Sprint
Nextel and relocating incumbents may agree to conduct face-to-face
negotiations or either party may elect to communicate with the other party
through the Transition Administrator. All parties are charged with the
obligation of utmost “good faith” in the negotiation process. Among the
factors relevant to a “good-faith” determination are:
(1) Whether the party responsible for paying the cost of band
reconfiguration has made a bona fide offer to relocate the incumbent to
comparable facilities;
(2) The steps the parties have taken to determine the actual cost of
relocation to comparable facilities; and
(3) Whether either party has unreasonably withheld information, essential to
the accurate estimation of relocation costs and procedures, requested by the
other party. The Transition Administrator may schedule mandatory settlement
negotiations and mediation sessions and the parties must conform to such
schedules.
(d) Transition Administrator. (1) The Transition Administrator, or other
mediator, shall attempt to resolve disputes referred to it before the
conclusion of the mandatory negotiation period as described in § 90.677(c)
within thirty working days after the Transition Administrator has received a
submission by one party and a response from the other party. Any party
thereafter may seek expedited non-binding arbitration which must be
completed within thirty days of the Transition Administrator's, or other
mediator's recommended decision or advice. Should issues still remain
unresolved after mediation or arbitration they shall be referred to the
Chief, Public Safety and Homeland Security Bureau within ten days of the
Transition Administrator's or other mediator's advice, or if arbitration has
occurred, within ten days of the completion of arbitration. When referring
an unresolved matter to the Chief, Public Safety and Homeland Security
Bureau, the Transition Administrator shall forward the entire record on any
disputed issues, including such dispositions thereof that the Transition
Administrator has considered. Upon receipt of such record and advice, the
Commission will decide the disputed issues based on the record submitted.
The authority to make such decisions is delegated to the Chief, Public
Safety and Homeland Security Bureau who may decide the disputed issue or
designate it for an evidentiary hearing before an Administrative Law Judge.
If the Chief, Public Safety and Homeland Security Bureau decides an issue,
any party to the dispute wishing to appeal the decision may do so by filing
with the Commission, within ten days of the effective date of the initial
decision, a Petition for de novo review; whereupon the matter will be set
for an evidentiary hearing before an Administrative Law Judge. Any disputes
submitted to the Transition Administrator after the conclusion of the
mandatory negotiation period as described in § 90.677(c) shall be resolved as
described in § 90.677(d)(2).
(2) If no agreement is reached during either the voluntary or mandatory
negotiating periods, all disputed issues shall be referred to the Transition
Administrator, or other mediator, who shall attempt to resolve them. If
disputed issues remain thirty working days after the end of the mandatory
negotiation period, the Transition Administrator shall forward the record to
the Chief, Public Safety and Homeland Security Bureau, together with advice
on how the matter(s) may be resolved. The Chief, Public Safety and Homeland
Security Bureau is hereby delegated the authority to rule on disputed
issues, de novo. If the Chief, Public Safety and Homeland Security Bureau
decides an issue, any party to the dispute wishing to appeal the decision
may do so by filing with the Commission, within ten days of the effective
date of the initial decision, a Petition for de novo review; whereupon the
matter will be set for an evidentiary hearing before an Administrative Law
Judge.
(e) Waiver Requests. Incumbents who wish not to relocate according to the
schedule may petition the Commission for a waiver of the relocation
obligation. Such a waiver would only be granted on a strict non-interference
basis.
(f) Comparable Facilities. The replacement system provided to an incumbent
must be at least equivalent to the existing 800 MHz system with respect to
the four factors described in § 90.699(d) part.
(g) Information Exchange. Absent agreement between parties, the Transition
Administrator will be responsible for determining the information that
relocating incumbents must supply in support of a relocation agreement.
(h) The relevant Regional Planning Committee shall be informed of any
proposed changes to any NPSPAC channel.
[ 69 FR 67849 , Nov. 22, 2004, as amended at 70 FR 76711 , Dec. 28, 2005; 71 FR 52751 , Sept. 7, 2006; 71 FR 69038 , Nov. 29, 2006; 75 FR 35318 , June 22,
2010; 76 FR 11683 , Mar. 3, 2011]
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Policies Governing the Licensing and Use of EA-Based SMR Systems in the
809-824/851-869 MHz Band
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Goto Section: 90.676 | 90.681
Goto Year: 2014 |
2016
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