§ 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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