FCC Web Documents citing 90.677

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • inordinate delay in the rebanding process. We conclude that this would frustrate the Commission's directive to accomplish band reconfiguration in a timely fashion. Ordering Clause Accordingly, pursuant to the authority of Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15021-45, 15069 �� 88-141, 189 (2004) as amended by
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2618A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2618A1.pdf
  • (2005). Additional information on the TA can be found on its web page - www.800ta.org. The TA's band reconfiguration schedule may be viewed at www.800ta.org. See Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan, Public Notice, DA 05-619, released March 11, 2005 (TA Plan PN). See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). For the purposes of this Public Notice, NPSPAC channels are those channels in the 821-824/866-869 MHz band. See also TA Plan PN Appendix for NPSPAC regions in Wave 4. See Improving Public Safety
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  • WPEX853, to the Enhanced Specialized Mobile Radio (ESMR) band. The second issue is whether Gemini fulfilled its obligation to negotiate and mediate in good faith. Based on our de novo review of the mediation record, we find that Gemini is not eligible to relocate to the ESMR band. We also find that Gemini violated the good faith requirements of Section 90.677(c) of the Commission's rules by, among other things, failing to provide sufficient information about its station to allow meaningful negotiation and mediation of its retuning costs and other details of retuning the station. We therefore hold that Gemini, rather than Sprint, is responsible for the cost of retuning its station. background The 800 MHz R&O and subsequent orders in this
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  • to the Enforcement Bureau for further proceedings to determine whether SM's license should be cancelled and whether other enforcement action may be appropriate. Ordering Clause Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issue submitted for de novo review by the Transition Administrator is resolved in Sprint's favor in the manner discussed above. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau Southern is working cooperatively with Sprint on rebanding negotiations in Wave 3
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  • previously. In this particular case, the issue is moot because Rockland has agreed to relocate to an offset channel on a secondary basis. Ordering Clause Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1869A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1869A1.pdf
  • the Enhanced Specialized Mobile Radio (ESMR) band. The second issue is whether Lee fulfilled his obligation to negotiate and mediate with Sprint in good faith. Based on our de novo review of the mediation record, we find that Lee is not eligible to relocate to the ESMR band. We also find that Lee violated the good faith requirements of Section 90.677(c) of the Commission's rules by, among other things, failing to provide sufficient information about his station to allow meaningful negotiation and mediation of its retuning costs and other details of retuning the station. We therefore hold that Lee, rather than Sprint, is responsible for the cost of retuning his station. background The 800 MHz R&O and subsequent orders in this
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  • sites or negotiate with site owners. In addition, the amount in dispute between Naperville and Sprint on this issue is de minimis. IV. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2616A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2616A1.pdf
  • circumstances, we conclude that it is appropriate for Sprint to pay such costs rather than to spend more substantial resources for prolonged mediation. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
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  • licensees in the wave who occupy Channels 1-120 in the 800 MHz band; 2) Phase 2 consists of negotiations between Sprint and licensees in the wave who occupy the NPSPAC channels. See 800 MHz R&O, 19 FCC Rcd at 15075 � 201 (``All parties are charged with the obligation of utmost good faith in the negotiation process''.) 47 C.F.R. � 90.677(c)(3); see also 800 MHz R&O, 19 FCC Rcd at n.524. Some public safety licensees have been allowed to share information because they are in jurisdictions where ``sunshine'' laws make PFAs and FRAs public documents. Other licensees have the benefit of their counsel or consultants having been involved in prior negotiations on behalf of other licensees. However, these avenues only benefit
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2949A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2949A1.pdf
  • be paid based on documentation that the budgeted time is actually spent in the manner described and contributes to rebanding of the system. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2955A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2955A1.pdf
  • full request for legal fees once it provides the necessary documentation to the mediator regarding the 40 hours of expenses incurred during negotiations. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties consistent within seven days of the date of this Order for the purpose of completing a Frequency Relocation Agreement consistent with
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  • of the Commission's Rebanding Cost Clarification Order, we fully expect the parties to make every effort to expedite the conclusion of this reconfiguration. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
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  • have a blank check. At the end of planning, the city is accountable to ensure that Televate's work is reasonable and necessary. IV. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
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  • review. We find that Sprint's reference to the TA planning statistics in its SOP was proper. We therefore deny the Motion to Strike. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
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  • than the 20 hours that were requested and approved in Washoe. We approve 40 hours unless Nevada submits a showing justifying 188 hours. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties consistent within fourteen days of the date of this Order for the purpose of completing a Frequency Relocation Agreement consistent with
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  • factor as the County's in prolonging mediation, we find no basis to reduce the amount requested by the County for this cost category. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3882A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3882A1.pdf
  • factor as the County's in prolonging mediation, we find no basis to reduce the amount requested by the County for this cost category. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
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  • was timely. We also find that these costs are rebanding-related and recoverable under the standard set forth in the Rebanding Cost Clarification Order. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties consistent within seven days of the date of this Order for the purpose of completing a Planning Funding Agreement consistent with
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  • conclude that with respect to CDOC's Category B radios, Sprint is only obligated to retune Connecticut's radios to match their existing operational capabilities. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
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  • Critical Infrastructure Division, Wireless Telecommunications Bureau. See 47 C.F.R. � 90.621(e)(1). See Inter-Category Sharing of Private Mobile Radio Frequencies in the 806-821/851-866 MHz Bands, Order, 10 FCC Rcd 7350, aff'd on recon., Memorandum Opinion and Order, 11 FCC Rcd 1452 (WTB 1995). County/Nextel Letter at 2. See 800 MHz Report and Order at � 198. See also 47 C.F.R. � 90.677. Applications filed after the start of the reconfiguration process in a particular region are considered ``reconfiguration'' applications and are not subject to the inter-category freeze. Wireless Telecommunications Bureau Announces that 800 MHz Band Reconfiguration for Non-NPSPAC Channels Will Commence July 3, 2006, in the NPSPAC Regions Assigned to Wave 4, Public Notice, DA 06-1183 (WTB rel. June 2, 2006). See
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  • Committee Chair (July 27, 2007) (Great Lakes Letter). Letter from Charles Brennan, Office of Public Safety Radio Services, Commonwealth of Pennsylvania, to David L. Furth, Associate Chief, and Dana Shaffer, Deputy Chief, Public Safety and Homeland Security Bureau (July 16, 2007) (Pennsylvania Letter). Current and proposed band plans for each region are displayed in Appendix C. See 47 C.F.R. � 90.677(f). See 800 MHz Report and Order, 19 FCC Rcd at 14984 � 23. See Pennsylvania Letter at 2-3. See, e.g., Region 43 Letter, Attachment at 1. In regions 1, 4, 5 and 6, the existing cross-border mutual aid channels that will be maintained are 822.5125/867.5125 MHz and 823.0125/868.0125 MHz. In Region 3, the existing mutual aid channels that will be
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  • believe Overland Park has provided sufficient justification for its request and that the amount in dispute is de minimis and should be reimbursed. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within ten days of the date of this Order for the purpose of negotiating a Frequency Reconfiguration Agreement consistent with the
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  • Safety Communications in the 800 MHz Band, Further Notice of Proposed Rulemaking, WT Docket No. 02-55, 22 FCC Rcd 19266 (2007) (FNPRM). Id. at 19270-72 �� 8-16. Id. at 19268 � 6. Parties filing comments and reply comments are listed in Appendix E. FNPRM, 22 FCC Rcd at 19268-69 � 7. Id. at 19270-72 �� 8-16. See 47 C.F.R. � 90.677(f). , infra. Id. See � 14, infra. Id. -19, infra. This change will result in Ohio being wholly within Region 3 for the entire 800 MHz band. Previously , the Ohio-Pennsylvania border was the dividing line between Regions 2 and 3 for the 821-824/866-869 MHz band only, while the Region 2/Region 3 dividing line for the remainder of the 800
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  • and Order (Gemini Order) regarding the disposition of Gemini's license in the 800 MHz rebanding process. Background. Gemini holds an 800 MHz SMR license for a single-site, one-channel conventional system in Puerto Rico that is subject to rebanding under the Commission's 800 MHz rebanding orders. In the Gemini Order, we found that Gemini violated the good faith requirements of Section 90.677(c) of the Commission's rules by failing to provide sufficient information about its SMR facility to allow meaningful negotiation and mediation of its retuning costs and other details of retuning its station. The record disclosed that Gemini did not determine the actual cost of retuning its station, did not provide Sprint with the information necessary to conclude a Frequency Reconfiguration Agreement
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  • and Order (Lee Order) regarding the disposition of Lee's license in the 800 MHz rebanding process. Background. Lee holds an 800 MHz SMR license for a single-site, one-channel conventional system in Puerto Rico that is subject to rebanding under the Commission's 800 MHz rebanding orders. In the Lee Order, we found that Lee violated the good faith requirements of Section 90.677(c) of the Commission's rules by failing to provide sufficient information about his SMR facility to allow meaningful negotiation and mediation of his retuning costs and other details of retuning his station. The record disclosed that Lee did not determine the actual cost of retuning his station, did not provide Sprint with the information necessary to conclude a Frequency Reconfiguration Agreement
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  • June 30, 2010. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for either 800 MHz rebanding or BAS relocation. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of December 31, 2009. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • having their old channels removed and states that it is willing to negotiate a reduction in RCC hours for this period. Decision. We are not persuaded by the County's argument in support of the elevated costs of RCC's services. We note that the County raised this argument only after the RR had been filed, thus contravening the directive of Section 90.677(d), which requires a complete record be filed with the Bureau for de novo review, as well as depriving Sprint of an opportunity to respond. Looking to the record, we conclude that 64 hours of RCC's services are sufficient for RCC to evaluate the code, and that the other aspects of the task, such as code exchange and scheduling, do not
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  • over small differences is counterproductive and imposes unnecessary delay and expense on the rebanding process. Accordingly, we strongly urge parties currently in negotiations to resolve such minor differences outside of the mediation and de novo review processes. Ordering ClauseS IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, that this de novo review is resolved in Sprint Nextel's favor. IT IS FURTHER ORDERED, that reconfiguration of the 800 MHz system of the City of High Point, North Carolina, SHALL PROCEED promptly and consistent with this Memorandum Opinion and Order. This action is taken under delegated authority pursuant to Sections 0.191
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  • during the transition. Finally, we emphasize that if an actual disruption of service occurs during the transition that is attributable to rebanding-related modifications to the system, Sprint is responsible to Houston for immediately remedying the situation. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within ten days of the date of this Order for the purpose of negotiating a Frequency Reconfiguration Agreement consistent
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  • June 30, 2011. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for either 800 MHz rebanding or BAS relocation. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of December 31, 2010. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • should a substitute channel be available, with the understanding that Liberty is responsible for any expense associated with relocating to the new channel. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that, effective fifteen (15) days from the release date hereof, Liberty Communications, Inc. SHALL DISCONTINUE operations on its pre-rebanding frequencies. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm, Deputy Chief Policy Division Public Safety
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  • produce itemized records for the work performed by its internal staff and seek reimbursement only for work actually performed to update its licenses. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the Parties within seven business days of the date of this Memorandum Opinion and Order for the purpose of concluding a Frequency Reconfiguration
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1549A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1549A1.pdf
  • failed to provide record support for its claim that swing channels are necessary to reconfigure Henry's system at the ``minimum necessary'' cost consistent with providing Henry with ``continuity of service'' while its system is reconfigured. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief - Policy Division Public Safety and Homeland Security Bureau Recommended Resolution, Mediation No., TAM-32105 (Oct. 6, 2008) (RR). Improving Public Safety Communications in the 800 MHz
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1588A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1588A1.pdf
  • of the Rebanding Contract; $600 for services involving FCC matters; and $3,680 for services relating to the change notice process. All other claimed costs are disallowed as being inconsistent with the Guidance PN and Bureau precedent. Ordering Clause Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief - Policy Division Public
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1589A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1589A1.pdf
  • is not responsible for the County's internal costs, consultant's fees or legal fees sought in the Change Notice. The Change Notice is disallowed. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief - Policy Division Public Safety and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1836A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1836A1.pdf
  • with comparable facilities. We direct the Transition Administrator to convene a meeting between the Licensee and Sprint within seven days of the release date hereof to conclude an FRA consistent with this Memorandum Opinion and Order. ORDERING CLAUSES Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven business days of the date of this Memorandum Opinion and Order for the purpose of negotiating a Frequency Reconfiguration
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2432A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2432A1.pdf
  • final true-up report by December 31, 2011. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for 800 MHz rebanding. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of June 30, 2011. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-501A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-501A1.pdf
  • to Sprint than loaner radios. Thus, there is no basis in the record to overcome our presumption in Sprint's favor on this question. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the Parties within seven days of the date of this Order for the purpose of negotiating an amended Frequency Reconfiguration Agreement consistent with
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-502A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-502A1.pdf
  • meeting of the parties not later than 15 business days of the release date hereof to reach an FRA consistent with this order. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Deputy Chief Public Safety and Homeland Security Bureau Enhanced Specialized Mobile Radio (ESMR) systems employ multiple, interconnected, multi-channel transmit-receive cells capable of frequency reuse and automatic handoff between cell sites
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-504A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-504A1.pdf
  • stay.'' Because Sprint's informal stay request does not address these well-established criteria, we deny the request. We therefore deny Sprint's Petition and direct both parties to proceed with negotiation and mediation as directed by the TA. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the informal stay request filed by Sprint Nextel Corporation is DENIED. IT IS FURTHER ORDERED that the Petition to Reconsider filed by Sprint Nextel Corporation is DENIED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Deputy Chief Public Safety and Homeland Security Bureau See Petition for Reconsideration of
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  • for Commission action. We therefore deny Smartcomm's motion and dismiss its opposition. We also dismiss the letter filed by Concepts to Operations, which was late-filed and does not reflect that it was served on Sprint. ordering clauseS Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, 1.46 and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, the Motion for Leave to File Opposition or for Acceptance as Informal Objection filed by Smartcomm, L.L.C IS DENIED. It is FURTHER ORDERED, that the Opposition to Sprint Nextel Corporation's Request for Waiver of its Obligation to Relinquish Channels in the Interleaved, Expansion and Guard Bands, filed by Smartcomm, L.L.C.
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  • at Bay Shore, New York, Memorandum Opinion and Order, 7 FCC Rcd 6850 (1992)). TA Proposal at 11-12. FNPRM, 23 FCC Rcd at 10181 � 7. Id. Id. Sprint Comments at 4. Id. Id. at 4 n.8. Under the Commission's rules, licensees are afforded a three-month voluntary negotiation period followed by a three-month mandatory negotiation period. See 47 C.F.R. �� 90.677(b), (c). See Appendix D, 47 C.F.R. � 90.677(b), (c), as amended. TA Proposal at Appendix A. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including
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  • final true-up report by June 30, 2012. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for 800 MHz rebanding. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of December 31, 2011. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-191A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-191A1.pdf
  • data necessary to modify its licenses, it may do so. We hold only that Sprint's responsibility for that work is limited to $51,590. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that within fifteen working days of the release date of this Memorandum Opinion and Order, the Parties shall meet and negotiate a Frequency Reconfiguration Agreement consistent herewith. This action is taken under
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-194A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-194A1.pdf
  • WAIT Radio case for the proposition that the Commission is required to give waiver requests a ``hard look.'' We perceive no ambiguity between the Hinds Order and the TA Mediator's order terminating mediation of the case. Each document had a separate purpose and one followed the other in logical sequence, i.e., mediation was terminated once the case was decided. Section 90.677(d)(2) of the Commission's rules is clear that it is the ``initial decision''-here, the Hinds Order-that triggers the ten-day period for filing an appeal, not the TA Mediator's order terminating mediation. Indeed, the rule says nothing about orders from the TA Mediator. We thus reject Hind's inference that ``ambiguity'' in the two documents caused Hinds to file its De Novo Review
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  • The Commonwealth and Sprint within seven business days of the release date hereof to conclude an FRA consistent with our finding that Sprint is not responsible for the cost of narrowband filters for the Commonwealth's BDAs. ORDERING CLAUSES Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the Parties within seven business days of the release date of this Memorandum Opinion and Order for the purpose of negotiating a Frequency
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-219A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-219A1.pdf
  • on June 30, 2008, specified costs incurred by DFW's outside counsel (SRGPE Change Notice). The second change notice request, submitted on January 21, 2009, specified costs incurred by Trott before and after the execution of the PFA (Trott Change Notice). The parties could not agree on the validity or scope of the two change orders, and in accordance with Section 90.677(d)(2) of the Commission's Rules, the dispute was referred to the TA who was unable to resolve the dispute through mediation. The TA Mediator accordingly submitted the RR and the mediation record to the Public Safety and Homeland Security Bureau for de novo review on June 1, 2009. DFW and Sprint filed Statements of Position on June 15, 2009. discussion Standard
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  • an emergency. We thus caution licensees to restrict change notice requests to those that are timely and address matters that could not reasonably have been foreseen at the time the licensee negotiated its PFA or FRA. Ordering Clause Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief, Policy Division Public Safety and Homeland Security Bureau Recommended Resolution, Mediation No. TAM-50050, June 5, 2009 (RR). Proposed Resolution Memorandum of Town of Wethersfield, TAM-12352 at
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-228A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-228A1.pdf
  • between TeleBEEPER of New Mexico, Inc. (TeleBEEPER) and Nextel Communications, Inc. At issue is whether TeleBEEPER fulfilled its obligation to negotiate and mediate the rebanding of its licenses in good faith. Based on our de novo review of the mediation record, and the Statements of Position of the parties, we find that TeleBEEPER violated the good faith requirements of Section 90.677(c) of the Commission's rules, that TeleBEEPER is therefore responsible for the cost of a ``paper retune'' of TeleBEEPER's licenses, and that TeleBEEPER must promptly file, at its own expense, applications for assignment of its pre-rebanding licenses to Sprint. Background The 800 MHz R&O and subsequent orders in this docket require Sprint to negotiate a Frequency Reconfiguration Agreement (FRA) with each
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  • expect that the parties will come to a good-faith compromise. Failing that, we will address the issue in an expedited de novo review. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that this matter IS REMANDED to the Transition Administrator Mediator to mediate any dispute between the Parties concerning the Additional Fees. IT IS FURTHER ORDERED, that, within five business days of the
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  • legal, engineering, and internal costs, consultant and management fees, vendor costs, etc. and by system size. Cost information is presented for the 25th percentile, 50th percentile (median) and 75th percentile of approved systems. See http://www.800ta.org/content/resources/FRA_Metrics.pdf (Apr. 15, 2010) v. 8. The TA Metrics are derived from the most recent executed Stage 2 FRAs involving public safety systems. 47 C.F.R. � 90.677(d). Petition at 21. Id.; State of Michigan Comments at 2; State of Connecticut Statement at 1. Petition at 5-6, 10, 12; Chesterfield County Comments at 1; City of Lapeer, Michigan Comments at 1. See, e.g., Petition at 1; Chesterfield County Comments at 1; City of Lapeer, Michigan Comments at 1; and Ford Communications Comments at 1. Section 1.106(f) of the
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  • they otherwise will be available. In the event a public safety entity submits a waiver request, we will issue a public notice to afford interested parties, including Sprint, the opportunity to comment on the request. ordering clauses Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, 1.45, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.45, 90.677, IT IS ORDERED that the Opposition to Sprint Nextel Corporation's Request for Waiver of its Obligation to Relinquish Channels in the Interleaved, Expansion and Guard Bands, filed by Smartcomm, LLC, IS DISMISSED. IT IS FURTHER ORDERED that the Opposition to the Request for Waiver, filed by Preferred Spectrum Investments,
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  • with both the pre-rebanding and post-rebanding channels installed. Therefore, Indiana's change order request to require Sprint to pay for retrieving the radios from the field to give them a first touch was properly disallowed. ordering clauses Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.106 and 90.677 of the Commission's Rules, 47 C.F.R. �� 1.106, 90.677, IT IS ORDERED that the petition for reconsideration, filed February 22, 2011, by the State of Indiana, IS DENIED. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven business days of the date of this Memorandum Opinion and Order for the purpose of
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  • the mediator reports to the Public Safety and Homeland Security Bureau that the parties are at an impasse. The TA mediator shall periodically inform the Public Safety and Homeland Security Bureau of the status of negotiations. ordering clauseS Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the Further Request for Waiver of the June 26, 2008 Deadline for Completion of Rebanding filed by the City of Overland Park, Kansas IS GRANTED to the extent indicated herein and IS DENIED in all other respects. IT IS FURTHER ORDERED that the Transition Administrator Mediator shall convene
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  • $303,780 for pre- and post-tests of radios; Future services of consultant $90,000; Outside counsel $30,450 for external communications counsel, including fees for filing Proposed Resolution Memorandums (PRM) and supplemental briefs. On August 9, 2010, Sprint responded to the Change Notice and agreed to pay an additional $103,771.65, but declined to pay the remaining $1,638,033.73 sought by Broward. Pursuant to Section 90.677(d)(2) of the Commission's Rules, the Change Notice dispute was referred to the TA Mediator who was unable to resolve the dispute through mediation. The TA Mediator accordingly submitted the RR and the mediation record, including PRMs for both parties, to the Bureau for de novo review on January 24, 2011. Broward filed a Statement of Position on February 3, 2011
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  • Section 90.674 is amended by replacing the phrase ``Wireless Telecommunications Bureau'' in subsection (c )(vii)(3)(v) with ``Public Safety and Homeland Security Bureau.'' Section 90.676 is amended by replacing the phrase ``Chief of the Public Safety and Critical Infrastructure Division'' in subsection (a) and ``Public Safety and Critical Infrastructure Division'' in subsection (b) with ``Public Safety and Homeland Security Bureau.'' Section 90.677 is amended by replacing the phrase ``Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau'' in subsection (a) and (b), and ``Chief of the Public Safety and Critical Infrastructure Division'' in subsection (d) with ``Public Safety and Homeland Security Bureau.'' STATEMENT OF CHAIRMAN KEVIN J. MARTIN Re: Establishment of the Public Safety and Homeland Security
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  • that the transition continues on schedule. I believe the guidelines established in these items will help in that regard, and I urge all the parties involved in this effort to continue to work to complete this rebanding. I thank the staff of the Public Safety and Homeland Security Bureau for their work on this important item. . 47 C.F.R. � 90.677(a). Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, et al., Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15021-45, 15069 �� 88-141, 189 (2004) as amended by Erratum, 19 FCC Rcd 19651 (2004), and Erratum, 19 FCC Rcd 21818 (2004) (800 MHz Report and Order); Supplemental
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  • 47-49. Id. 22 FCC Rcd 11866-67 at � 29. Sprint AFR at 3. Id. at 5, citing City of Boston, Massachusetts and Sprint Nextel, Memorandum Opinion and Order, 21 FCC Rcd 14661 (PSHSB 2006) (City of Boston). Id. at 6. Id. at 9. Washoe Opposition at 2. See Petition for De Novo Review, filed July 13, 2007. 47 C.F.R. � 90.677(d)(2). See 800 MHz R&O, 19 FCC Rcd at 15075 � 201. Id. Sprint Reply at 2-3. See 47 C.F.R. � 1.115. We note that in cases where a party has not filed an application for review but has raised significant questions of law in a Section 90.677(d)(2) petition for de novo review, the Commission may, for reasons similar to those
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  • the requested extension should facilitate- rather than delay-the parties' meeting the thirty-six month deadline set forth in the 800 MHz R&O. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 5(c)(1) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 155 and Sections 1.46 and 1.925 of the Commission's Rules, 47 C.F.R. �� 1.46, 1.925 that Section 90.677 of the Commission's Rules, 47 C.F.R. �90.677, IS WAIVED and the extension request filed by the 800 MHz Transition Administrator on November 12, 2004, IS GRANTED. IT IS FURTHER ORDERED that the deadline for the Transition Administrator to submit a reconfiguration schedule detailing when band reconfiguration would commence in each 800 MHz National Public Safety Planning Advisory Committee region IS
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  • to Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, FCC. The TA's band reconfiguration schedule may be viewed at www.800ta.org. See Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan, Public Notice, DA 05-619, released March 11, 2005 (TA Plan PN). See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). See Report and Order, 19 FCC Rcd 15078 � 204. See Report and Order, 19 FCC Rcd 15078 � 204. See also Supplemental Order, 19 FCC Rcd 25158-59 � 87. The Bureau has
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  • to Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, FCC. The TA's band reconfiguration schedule may be viewed at www.800ta.org. See Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan, Public Notice, DA 05-619, released March 11, 2005 (TA Plan PN). See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). See Report and Order, 19 FCC Rcd 15078 � 204. See id. See also Supplemental Order, 19 FCC Rcd 25158-59 � 87. The Bureau has provided additional information regarding the processing of 800
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3134A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3134A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3134A1.txt
  • to Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, FCC. The TA's band reconfiguration schedule may be viewed at www.800ta.org. See Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan, Public Notice, 20 FCC Rcd 5159, (WTB 2005) (TA Plan PN). See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). See Report and Order, 19 FCC Rcd 15078 � 204. See id. See also Supplemental Order, 19 FCC Rcd 25158-59 � 87. The Bureau has provided additional information regarding the processing of 800
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3348A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3348A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3348A1.txt
  • notice to start the reconfiguration process in regions in Wave 1 for NPSPAC channels. See Wireless Telecommunications Bureau Announces that 800 MHz Band Reconfiguration Will Commence June 27, 2005, in the NPSPAC Regions Assigned to Wave 1 and Specifies 800 MHz Reconfiguration Benchmark Compliance Dates, Public Notice, DA 05-1546, released May 27, 2005 (Wave 1 PN). See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). See Report and Order, 19 FCC Rcd 15078 � 204. See id. See also Supplemental Order, 19 FCC Rcd 25158-59 � 87. The Bureau has provided additional information regarding the processing of 800
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-619A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-619A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-619A1.txt
  • with Search Committee Selection of a Transition Administrator, Public Notice, DA 04-3492, released October 29, 2004. For additional information on the TA see its web page - www.800ta.org. The TA also was required to report the relocation option chosen by each non-Nextel ESMR licensee. See Report and Order, 19 FCC Rcd at 15075-76 � 201. See also 47 C.F.R. � 90.677. The original November 29, 2004 filing date was extended to January 31, 2005. See Improving Public Safety Communications in the 800 MHz Band, Order, DA 04-3676, released November 24, 2004. The filing included the relocation options chosen by non-Nextel ESMR licensees. See Regional Prioritization Plan of the 800 MHz Transition Administrator, WT Docket No. 02-55, filed January 31, 2005. The
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  • to Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, FCC. The TA's band reconfiguration schedule may be viewed at www.800ta.org. See Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan, Public Notice, 20 FCC Rcd 5159, (WTB 2005) (TA Plan PN). See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). See Report and Order, 19 FCC Rcd 15076 � 201. For the purposes of this Public Notice, non-NPSPAC channels are those channels in the 806-817/851-862 MHz band. For the purposes of reconfiguration, this
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  • 05-619, released March 11, 2005 (TA Plan PN). The schedule for Wave 2 NPSPAC channels was later revised. See Wireless Telecommunications Bureau Announces Revision of the Start Date for Negotiations Between Sprint Nextel and NPSPAC Licensees Assigned to Waves 2 and 3 of the 800 MHz Band Reconfiguration, Public Notice, DA 06-767, released March 31, 2006. See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). See Report and Order, 19 FCC Rcd 15076 � 201. For the purposes of this Public Notice, NPSPAC channels are those channels in the 821-824/866-869 MHz band. See also TA Plan PN Appendix
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  • The Commission recognized that some stations may have to shut down for significant periods of time. In order to avoid the inadvertent cancellation of station licenses, the Commission stated that the provisions of Section 90.157 will not apply to stations that have been shut down in order to accommodate the Commission's rebanding plan. Accordingly, the Commission adopted new rule Section 90.677, which states that for the limited purpose of 800 MHz band reconfiguration, Section 90.157 does not apply. Discussion. To obtain a waiver of the Commission's Rules, a petitioner must demonstrate either that (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the waiver
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  • 05-619, released March 11, 2005 (TA Plan PN). The schedule for Wave 3 NPSPAC channels was later revised. See Wireless Telecommunications Bureau Announces Revision of the Start Date for Negotiations Between Sprint Nextel and NPSPAC Licensees Assigned to Waves 2 and 3 of the 800 MHz Band Reconfiguration, Public Notice, DA 06-767, released March 31, 2006. See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). For the purposes of this Public Notice, NPSPAC channels are those channels in the 821-824/866-869 MHz band. See also TA Plan PN Appendix for NPSPAC regions in Wave 3. See Report and Order,
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  • not entitled to protection from interference caused by primary users of the channels. Similarly, if Chevron chooses to continue to operate its mobile-only authorizations on its current channels, it must continue to operate under secondary status. Ordering ClauseS Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, it is ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION David L. Furth, Associate Chief Public Safety and Homeland Security Bureau
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2103A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2103A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2103A1.txt
  • review procedures, parties must limit their position statements to issues raised in the course of mediation and to facts contained in the record. Ordering Clause Accordingly, pursuant to the authority of Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau See Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2104A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2104A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2104A1.txt
  • the TA's guidelines, and is not necessary or germane to ensuring that Maryland receives comparable facilities as provided by the 800 MHz R&O. Ordering Clause Accordingly, pursuant to the authority of Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau See Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and
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  • released March 11, 2005. The three-month voluntary negotiation period for Channel 1-120 licensees in Wave 1 began on June 27, 2005 and the three-month mandatory negotiation period for these licensees began on September 28, 2005. 800 MHz Report and Order, � 201. For the TA's ADR procedures, see http://800ta.org/content/PDF/policy/ADRPlan.pdf. 800 MHz Report and Order, � 201. See 47 C.F.R. � 90.677(d). While the rule does not specify the time period for referral of issues by the TA, it is within the discretion of PSCID to set this deadline. See 47 C.F.R. � 0.459 (governing requests that materials or information submitted to the Commission be withheld from public inspection.) See 5 U.S.C. � 552. See 47 C.F.R. � 1.4(e)(2). Business days do
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  • as unnecessary and further clarify that the TA is an independent entity that is not a party to this or any other FRA. Ordering Clause Accordingly, pursuant to the authority of Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau See County of Montgomery, Maryland and Sprint Nextel, Recommended Resolution, filed by the TA on March 6, 2006 (RR) at 3-18.
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  • inordinate delay in the rebanding process. We conclude that this would frustrate the Commission's directive to accomplish band reconfiguration in a timely fashion. Ordering Clause Accordingly, pursuant to the authority of Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15021-45, 15069 �� 88-141, 189 (2004) as amended by
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  • (2005). Additional information on the TA can be found on its web page - www.800ta.org. The TA's band reconfiguration schedule may be viewed at www.800ta.org. See Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan, Public Notice, DA 05-619, released March 11, 2005 (TA Plan PN). See 47 C.F.R � 90.677(b) and Report and Order, 19 FCC Rcd 15076 � 201. See also TA Plan PN at 2. See 47 C.F.R. � 90.677(b). See 47 C.F.R. � 90.677(c). For the purposes of this Public Notice, NPSPAC channels are those channels in the 821-824/866-869 MHz band. See also TA Plan PN Appendix for NPSPAC regions in Wave 4. See Improving Public Safety
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  • WPEX853, to the Enhanced Specialized Mobile Radio (ESMR) band. The second issue is whether Gemini fulfilled its obligation to negotiate and mediate in good faith. Based on our de novo review of the mediation record, we find that Gemini is not eligible to relocate to the ESMR band. We also find that Gemini violated the good faith requirements of Section 90.677(c) of the Commission's rules by, among other things, failing to provide sufficient information about its station to allow meaningful negotiation and mediation of its retuning costs and other details of retuning the station. We therefore hold that Gemini, rather than Sprint, is responsible for the cost of retuning its station. background The 800 MHz R&O and subsequent orders in this
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  • to the Enforcement Bureau for further proceedings to determine whether SM's license should be cancelled and whether other enforcement action may be appropriate. Ordering Clause Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issue submitted for de novo review by the Transition Administrator is resolved in Sprint's favor in the manner discussed above. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Bureau Chief Public Safety and Homeland Security Bureau Southern is working cooperatively with Sprint on rebanding negotiations in Wave 3
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  • BOSTON and SPRINT NEXTEL CORPORATION Relating to Rebanding Issues in the 800 MHz Band ) ) ) ) ) ) ) ) ) ) PS Docket No. 07-69 Mediation No. TAM-11155 HEARING DESIGNATION ORDER Adopted: April 4, 2007 Released: April 5, 2007 By the Associate Chief, Public Safety and Homeland Security Bureau: By this Hearing Designation Order, pursuant to Section 90.677(d)(2) and Section 0.191(f) of the Commission's Rules, we grant a Petition for De Novo Review (Petition), filed on December 28, 2006, by the City of Boston, Massachusetts (City of Boston), and commence a hearing proceeding before a Federal Communication Commission (Commission) Administrative Law Judge to resolve specific, disputed 800 MHz rebanding issues between the City of Boston and Sprint Nextel
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  • previously. In this particular case, the issue is moot because Rockland has agreed to relocate to an offset channel on a secondary basis. Ordering Clause Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
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  • the Enhanced Specialized Mobile Radio (ESMR) band. The second issue is whether Lee fulfilled his obligation to negotiate and mediate with Sprint in good faith. Based on our de novo review of the mediation record, we find that Lee is not eligible to relocate to the ESMR band. We also find that Lee violated the good faith requirements of Section 90.677(c) of the Commission's rules by, among other things, failing to provide sufficient information about his station to allow meaningful negotiation and mediation of its retuning costs and other details of retuning the station. We therefore hold that Lee, rather than Sprint, is responsible for the cost of retuning his station. background The 800 MHz R&O and subsequent orders in this
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  • safety of life and property, we require the Gossetts to file any protest within forty days of the release date of this Order. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.332, Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, it is ORDERED that the issues submitted by the Transition Administrator to the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau for de novo review ARE RESOLVED as stated herein. IT IS FURTHER ORDERED that no later than thirty days after the release date of this
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  • parties and the TA mediator within fifteen days of the release of this Order directed towards concluding a PFA consistent with this Order. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that, within fifteen days of the release of this Order, the 800 MHz Transition Administrator shall convene a meeting, as required herein, which meeting shall be held to conclude a Planning Funding
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  • New York not resolve the issue, we reserve jurisdiction to specify a mandatory reconfiguration date and such other provisions as may be required. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that the Transition Administrator shall convene a meeting of the parties within fifteen days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2058A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2058A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2058A1.txt
  • their systems under the Commission's orders in this proceeding are entitled to receive radios with the same technical capability as their existing radios. Ordering Clause Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2615A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2615A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2615A1.txt
  • sites or negotiate with site owners. In addition, the amount in dispute between Naperville and Sprint on this issue is de minimis. IV. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2616A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2616A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2616A1.txt
  • circumstances, we conclude that it is appropriate for Sprint to pay such costs rather than to spend more substantial resources for prolonged mediation. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-27A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-27A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-27A1.txt
  • licensees in the wave who occupy Channels 1-120 in the 800 MHz band; 2) Phase 2 consists of negotiations between Sprint and licensees in the wave who occupy the NPSPAC channels. See 800 MHz R&O, 19 FCC Rcd at 15075 � 201 (``All parties are charged with the obligation of utmost good faith in the negotiation process''.) 47 C.F.R. � 90.677(c)(3); see also 800 MHz R&O, 19 FCC Rcd at n.524. Some public safety licensees have been allowed to share information because they are in jurisdictions where ``sunshine'' laws make PFAs and FRAs public documents. Other licensees have the benefit of their counsel or consultants having been involved in prior negotiations on behalf of other licensees. However, these avenues only benefit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2949A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2949A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2949A1.txt
  • be paid based on documentation that the budgeted time is actually spent in the manner described and contributes to rebanding of the system. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2955A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2955A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2955A1.txt
  • full request for legal fees once it provides the necessary documentation to the mediator regarding the 40 hours of expenses incurred during negotiations. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties consistent within seven days of the date of this Order for the purpose of completing a Frequency Relocation Agreement consistent with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3287A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3287A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3287A1.txt
  • of the Commission's Rebanding Cost Clarification Order, we fully expect the parties to make every effort to expedite the conclusion of this reconfiguration. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3288A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3288A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3288A1.txt
  • have a blank check. At the end of planning, the city is accountable to ensure that Televate's work is reasonable and necessary. IV. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3861A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3861A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3861A1.txt
  • review. We find that Sprint's reference to the TA planning statistics in its SOP was proper. We therefore deny the Motion to Strike. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3862A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3862A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3862A1.txt
  • than the 20 hours that were requested and approved in Washoe. We approve 40 hours unless Nevada submits a showing justifying 188 hours. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties consistent within fourteen days of the date of this Order for the purpose of completing a Frequency Relocation Agreement consistent with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3881A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3881A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3881A1.txt
  • factor as the County's in prolonging mediation, we find no basis to reduce the amount requested by the County for this cost category. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3882A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3882A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3882A1.txt
  • factor as the County's in prolonging mediation, we find no basis to reduce the amount requested by the County for this cost category. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Planning Funding Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3883A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3883A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3883A1.txt
  • was timely. We also find that these costs are rebanding-related and recoverable under the standard set forth in the Rebanding Cost Clarification Order. Ordering ClauseS Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties consistent within seven days of the date of this Order for the purpose of completing a Planning Funding Agreement consistent with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3947A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3947A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3947A1.txt
  • conclude that with respect to CDOC's Category B radios, Sprint is only obligated to retune Connecticut's radios to match their existing operational capabilities. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven days of the date of this Order for the purpose of negotiating a Frequency Relocation Agreement consistent with the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-404A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-404A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-404A1.txt
  • Critical Infrastructure Division, Wireless Telecommunications Bureau. See 47 C.F.R. � 90.621(e)(1). See Inter-Category Sharing of Private Mobile Radio Frequencies in the 806-821/851-866 MHz Bands, Order, 10 FCC Rcd 7350, aff'd on recon., Memorandum Opinion and Order, 11 FCC Rcd 1452 (WTB 1995). County/Nextel Letter at 2. See 800 MHz Report and Order at � 198. See also 47 C.F.R. � 90.677. Applications filed after the start of the reconfiguration process in a particular region are considered ``reconfiguration'' applications and are not subject to the inter-category freeze. Wireless Telecommunications Bureau Announces that 800 MHz Band Reconfiguration for Non-NPSPAC Channels Will Commence July 3, 2006, in the NPSPAC Regions Assigned to Wave 4, Public Notice, DA 06-1183 (WTB rel. June 2, 2006). See
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  • Commission further recognized that some stations might have to shut down for significant periods of time. In order to avoid the inadvertent cancellation of station licenses, the Commission stated that the provisions of Section 90.157 will not apply to stations that have been shut down in order to accommodate the Commission's rebanding plan. Accordingly, the Commission adopted new rule Section 90.677, which states that for the limited purpose of 800 MHz band reconfiguration, Section 90.157 does not apply. See 47 C.F.R. � 90.677. After the waiver expires, Bergen County must file a construction notification on FCC Form 601. - . Federal Communications Commission Washington, D.C. 20554 h � � 8 E M f � � - � � � � �
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  • Committee Chair (July 27, 2007) (Great Lakes Letter). Letter from Charles Brennan, Office of Public Safety Radio Services, Commonwealth of Pennsylvania, to David L. Furth, Associate Chief, and Dana Shaffer, Deputy Chief, Public Safety and Homeland Security Bureau (July 16, 2007) (Pennsylvania Letter). Current and proposed band plans for each region are displayed in Appendix C. See 47 C.F.R. � 90.677(f). See 800 MHz Report and Order, 19 FCC Rcd at 14984 � 23. See Pennsylvania Letter at 2-3. See, e.g., Region 43 Letter, Attachment at 1. In regions 1, 4, 5 and 6, the existing cross-border mutual aid channels that will be maintained are 822.5125/867.5125 MHz and 823.0125/868.0125 MHz. In Region 3, the existing mutual aid channels that will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4677A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4677A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4677A1.txt
  • believe Overland Park has provided sufficient justification for its request and that the amount in dispute is de minimis and should be reimbursed. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within ten days of the date of this Order for the purpose of negotiating a Frequency Reconfiguration Agreement consistent with the
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  • 02-55, 19 FCC Rcd 14,969 (2004) (Band Reconfiguration R&O); see also Supplemental Order and Order on Reconsideration, WT Docket No. 02-55, 19 FCC Rcd 25,120 (2004) (Band Reconfiguration Supplemental Order). The 800 MHz band reconfiguration process consists of the issuance of a public notice thirty days before the scheduled start of reconfiguration in each NPSPAC region. See 47 C.F.R. � 90.677(b); Band Reconfiguration R&O, 19 FCC Rcd at 15,076 � 201; see also Wireless Telecommunications Bureau Approves the Basic Reconfiguration Schedule Put Forth in the Transition Administrator's 800 MHz Regional Prioritization Plan, Public Notice, WT Docket No. 02-55, 20 FCC Rcd 5,159 (WTB 2005). See Band Reconfiguration R&O, 19 FCC Rcd at 15,078 � 204. See Band Reconfiguration Supplemental Order, 19
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  • Safety Communications in the 800 MHz Band, Further Notice of Proposed Rulemaking, WT Docket No. 02-55, 22 FCC Rcd 19266 (2007) (FNPRM). Id. at 19270-72 �� 8-16. Id. at 19268 � 6. Parties filing comments and reply comments are listed in Appendix E. FNPRM, 22 FCC Rcd at 19268-69 � 7. Id. at 19270-72 �� 8-16. See 47 C.F.R. � 90.677(f). , infra. Id. See � 14, infra. Id. -19, infra. This change will result in Ohio being wholly within Region 3 for the entire 800 MHz band. Previously , the Ohio-Pennsylvania border was the dividing line between Regions 2 and 3 for the 821-824/866-869 MHz band only, while the Region 2/Region 3 dividing line for the remainder of the 800
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  • and Order (Gemini Order) regarding the disposition of Gemini's license in the 800 MHz rebanding process. Background. Gemini holds an 800 MHz SMR license for a single-site, one-channel conventional system in Puerto Rico that is subject to rebanding under the Commission's 800 MHz rebanding orders. In the Gemini Order, we found that Gemini violated the good faith requirements of Section 90.677(c) of the Commission's rules by failing to provide sufficient information about its SMR facility to allow meaningful negotiation and mediation of its retuning costs and other details of retuning its station. The record disclosed that Gemini did not determine the actual cost of retuning its station, did not provide Sprint with the information necessary to conclude a Frequency Reconfiguration Agreement
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  • and Order (Lee Order) regarding the disposition of Lee's license in the 800 MHz rebanding process. Background. Lee holds an 800 MHz SMR license for a single-site, one-channel conventional system in Puerto Rico that is subject to rebanding under the Commission's 800 MHz rebanding orders. In the Lee Order, we found that Lee violated the good faith requirements of Section 90.677(c) of the Commission's rules by failing to provide sufficient information about his SMR facility to allow meaningful negotiation and mediation of his retuning costs and other details of retuning his station. The record disclosed that Lee did not determine the actual cost of retuning his station, did not provide Sprint with the information necessary to conclude a Frequency Reconfiguration Agreement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1151A1.pdf
  • regions along the U.S.-Canada border. After that agreement, the Bureau released the Second Report and Order, which set out the a new band plan for the U.S. �Canada border region. Compliance Requirements. The Second Report and Orderimposes no new reporting, recordkeeping or other compliance requirements beyond those already established in the original Report and Order, which are codified at Section 90.677 of the Commission's rules. Under the Second Report and Order, certain licensees who operate 800 MHz systems in the U.S. � Canada border region ("affected licensees") will be required to retune or "reconfigure" their stations to comply with this new band plan within a 30-month transition period. Reconfiguration will be paid for bySprint Nextel and licensees are guaranteed "comparable facilities"
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  • that Flagler retains the ability to remove the old mutual aid channels at a later date as part of its normal system maintenance. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Acting Chief Public Safety and Homeland Security Bureau
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  • June 30, 2010. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for either 800 MHz rebanding or BAS relocation. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of December 31, 2009. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • having their old channels removed and states that it is willing to negotiate a reduction in RCC hours for this period. Decision. We are not persuaded by the County's argument in support of the elevated costs of RCC's services. We note that the County raised this argument only after the RR had been filed, thus contravening the directive of Section 90.677(d), which requires a complete record be filed with the Bureau for de novo review, as well as depriving Sprint of an opportunity to respond. Looking to the record, we conclude that 64 hours of RCC's services are sufficient for RCC to evaluate the code, and that the other aspects of the task, such as code exchange and scheduling, do not
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  • December 31, 2010. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for either 800 MHz rebanding or BAS relocation. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of June 30, 2010. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • over small differences is counterproductive and imposes unnecessary delay and expense on the rebanding process. Accordingly, we strongly urge parties currently in negotiations to resolve such minor differences outside of the mediation and de novo review processes. Ordering ClauseS IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, that this de novo review is resolved in Sprint Nextel's favor. IT IS FURTHER ORDERED, that reconfiguration of the 800 MHz system of the City of High Point, North Carolina, SHALL PROCEED promptly and consistent with this Memorandum Opinion and Order. This action is taken under delegated authority pursuant to Sections 0.191
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  • during the transition. Finally, we emphasize that if an actual disruption of service occurs during the transition that is attributable to rebanding-related modifications to the system, Sprint is responsible to Houston for immediately remedying the situation. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within ten days of the date of this Order for the purpose of negotiating a Frequency Reconfiguration Agreement consistent
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  • June 30, 2011. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for either 800 MHz rebanding or BAS relocation. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of December 31, 2010. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • should a substitute channel be available, with the understanding that Liberty is responsible for any expense associated with relocating to the new channel. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that, effective fifteen (15) days from the release date hereof, Liberty Communications, Inc. SHALL DISCONTINUE operations on its pre-rebanding frequencies. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm, Deputy Chief Policy Division Public Safety
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  • costs, making the Motorola Change Notice moot. We approve, however, the Federal Engineering Change Notice in the amount of $164,956 and the Legal Fees Change Notice in the amount of $22,684.47, for a total of $187,640.47. Ordering Clause Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief - Policy Division Public
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  • produce itemized records for the work performed by its internal staff and seek reimbursement only for work actually performed to update its licenses. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the Parties within seven business days of the date of this Memorandum Opinion and Order for the purpose of concluding a Frequency Reconfiguration
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  • failed to provide record support for its claim that swing channels are necessary to reconfigure Henry's system at the ``minimum necessary'' cost consistent with providing Henry with ``continuity of service'' while its system is reconfigured. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief - Policy Division Public Safety and Homeland Security Bureau Recommended Resolution, Mediation No., TAM-32105 (Oct. 6, 2008) (RR). Improving Public Safety Communications in the 800 MHz
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  • of the Rebanding Contract; $600 for services involving FCC matters; and $3,680 for services relating to the change notice process. All other claimed costs are disallowed as being inconsistent with the Guidance PN and Bureau precedent. Ordering Clause Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief - Policy Division Public
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  • is not responsible for the County's internal costs, consultant's fees or legal fees sought in the Change Notice. The Change Notice is disallowed. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief - Policy Division Public Safety and
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  • with comparable facilities. We direct the Transition Administrator to convene a meeting between the Licensee and Sprint within seven days of the release date hereof to conclude an FRA consistent with this Memorandum Opinion and Order. ORDERING CLAUSES Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven business days of the date of this Memorandum Opinion and Order for the purpose of negotiating a Frequency Reconfiguration
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2432A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2432A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2432A1.txt
  • final true-up report by December 31, 2011. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for 800 MHz rebanding. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of June 30, 2011. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • to Sprint than loaner radios. Thus, there is no basis in the record to overcome our presumption in Sprint's favor on this question. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the Parties within seven days of the date of this Order for the purpose of negotiating an amended Frequency Reconfiguration Agreement consistent with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-502A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-502A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-502A1.txt
  • meeting of the parties not later than 15 business days of the release date hereof to reach an FRA consistent with this order. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Deputy Chief Public Safety and Homeland Security Bureau Enhanced Specialized Mobile Radio (ESMR) systems employ multiple, interconnected, multi-channel transmit-receive cells capable of frequency reuse and automatic handoff between cell sites
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  • stay.'' Because Sprint's informal stay request does not address these well-established criteria, we deny the request. We therefore deny Sprint's Petition and direct both parties to proceed with negotiation and mediation as directed by the TA. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the informal stay request filed by Sprint Nextel Corporation is DENIED. IT IS FURTHER ORDERED that the Petition to Reconsider filed by Sprint Nextel Corporation is DENIED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Deputy Chief Public Safety and Homeland Security Bureau See Petition for Reconsideration of
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  • for Commission action. We therefore deny Smartcomm's motion and dismiss its opposition. We also dismiss the letter filed by Concepts to Operations, which was late-filed and does not reflect that it was served on Sprint. ordering clauseS Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, 1.46 and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, the Motion for Leave to File Opposition or for Acceptance as Informal Objection filed by Smartcomm, L.L.C IS DENIED. It is FURTHER ORDERED, that the Opposition to Sprint Nextel Corporation's Request for Waiver of its Obligation to Relinquish Channels in the Interleaved, Expansion and Guard Bands, filed by Smartcomm, L.L.C.
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  • at Bay Shore, New York, Memorandum Opinion and Order, 7 FCC Rcd 6850 (1992)). TA Proposal at 11-12. FNPRM, 23 FCC Rcd at 10181 � 7. Id. Id. Sprint Comments at 4. Id. Id. at 4 n.8. Under the Commission's rules, licensees are afforded a three-month voluntary negotiation period followed by a three-month mandatory negotiation period. See 47 C.F.R. �� 90.677(b), (c). See Appendix D, 47 C.F.R. � 90.677(b), (c), as amended. TA Proposal at Appendix A. Applicants may request an exception to the freeze pursuant to the waiver provisions in Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925. Parties filing such a request should carefully review the rule's criteria for a waiver and must provide complete support, including
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  • final true-up report by June 30, 2012. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for 800 MHz rebanding. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of December 31, 2011. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • during each negotiation session. The cost of rebanding, as reflected in the FRA, shall not exceed the overall cost of rebanding IPSAN's system, as contained in the Motorola-based April 19, 2011 cost estimate. ordering clauses Accordingly, IT IS ORDERED, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, that within 5 business days of the release date hereof, Sprint Nextel Corp. and the Illinois Public Safety Agency Network SHALL MEET, under the auspices of the 800 MHz Transition Administrator Mediator, a minimum of 3 hours per business day for a maximum of 20 business days from the release date hereof,
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  • fees for preparation of the referenced motion. The Commission has determined that any appeal from a TA Mediator's Recommended Resolution must be at the appellant's own expense. We lack the authority to overturn the Commission's determination. ordering clauses Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that Genesee County, New York, SHALL PRODUCE a cost estimate consistent with this Memorandum Opinion and Order within thirty working days of the release date hereof. IT IS FURTHER ORDERED, that, upon
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  • their continued operation pending completion of the shift, except in Puerto Rico). See Amendment of Part 22 of the Commission's Rules To Benefit the Consumers of Air-Ground Telecommunications Services, Report and Order and Notice of Proposed Rulemaking, 20 FCC Rcd 4403, 4563 �� 165-166 (2005). Because 47 C.F.R. � 90.699(d) is cross-referenced in an operative rule section, 47 C.F.R. � 90.677, this Order does not delete that subsection. See Public Law 104-13, 44 U.S.C. � 3501, et seq. See 44 U.S.C. � 3506(c)(4). See 5 U.S.C. � 801(a)(1)(A). (...continued from previous page) (continued....) Federal Communications Commission DA 11-1838 Federal Communications Commission DA 11-1838 E F F � F H � H � � �� � �� H � H � B
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  • replacement radios. Further, we find that Sprint is liable for the cost of retuning the original 11 radios - a cost it would have incurred in any event had Oklahoma not submitted the radios for replacement. Ordering Clause Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.191(f) and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191(f) and 0.392. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief Policy and Licensing
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  • data necessary to modify its licenses, it may do so. We hold only that Sprint's responsibility for that work is limited to $51,590. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that within fifteen working days of the release date of this Memorandum Opinion and Order, the Parties shall meet and negotiate a Frequency Reconfiguration Agreement consistent herewith. This action is taken under
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  • WAIT Radio case for the proposition that the Commission is required to give waiver requests a ``hard look.'' We perceive no ambiguity between the Hinds Order and the TA Mediator's order terminating mediation of the case. Each document had a separate purpose and one followed the other in logical sequence, i.e., mediation was terminated once the case was decided. Section 90.677(d)(2) of the Commission's rules is clear that it is the ``initial decision''-here, the Hinds Order-that triggers the ten-day period for filing an appeal, not the TA Mediator's order terminating mediation. Indeed, the rule says nothing about orders from the TA Mediator. We thus reject Hind's inference that ``ambiguity'' in the two documents caused Hinds to file its De Novo Review
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  • final true-up report by December 31, 2012. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for 800 MHz rebanding. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of July 2, 2012. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • The Commonwealth and Sprint within seven business days of the release date hereof to conclude an FRA consistent with our finding that Sprint is not responsible for the cost of narrowband filters for the Commonwealth's BDAs. ORDERING CLAUSES Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the Parties within seven business days of the release date of this Memorandum Opinion and Order for the purpose of negotiating a Frequency
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  • on June 30, 2008, specified costs incurred by DFW's outside counsel (SRGPE Change Notice). The second change notice request, submitted on January 21, 2009, specified costs incurred by Trott before and after the execution of the PFA (Trott Change Notice). The parties could not agree on the validity or scope of the two change orders, and in accordance with Section 90.677(d)(2) of the Commission's Rules, the dispute was referred to the TA who was unable to resolve the dispute through mediation. The TA Mediator accordingly submitted the RR and the mediation record to the Public Safety and Homeland Security Bureau for de novo review on June 1, 2009. DFW and Sprint filed Statements of Position on June 15, 2009. discussion Standard
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  • an emergency. We thus caution licensees to restrict change notice requests to those that are timely and address matters that could not reasonably have been foreseen at the time the licensee negotiated its PFA or FRA. Ordering Clause Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Deputy Chief, Policy Division Public Safety and Homeland Security Bureau Recommended Resolution, Mediation No. TAM-50050, June 5, 2009 (RR). Proposed Resolution Memorandum of Town of Wethersfield, TAM-12352 at
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  • between TeleBEEPER of New Mexico, Inc. (TeleBEEPER) and Nextel Communications, Inc. At issue is whether TeleBEEPER fulfilled its obligation to negotiate and mediate the rebanding of its licenses in good faith. Based on our de novo review of the mediation record, and the Statements of Position of the parties, we find that TeleBEEPER violated the good faith requirements of Section 90.677(c) of the Commission's rules, that TeleBEEPER is therefore responsible for the cost of a ``paper retune'' of TeleBEEPER's licenses, and that TeleBEEPER must promptly file, at its own expense, applications for assignment of its pre-rebanding licenses to Sprint. Background The 800 MHz R&O and subsequent orders in this docket require Sprint to negotiate a Frequency Reconfiguration Agreement (FRA) with each
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  • expect that the parties will come to a good-faith compromise. Failing that, we will address the issue in an expedited de novo review. Ordering Clauses Accordingly, pursuant to the authority of Sections 0.191 and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that this matter IS REMANDED to the Transition Administrator Mediator to mediate any dispute between the Parties concerning the Additional Fees. IT IS FURTHER ORDERED, that, within five business days of the
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  • legal, engineering, and internal costs, consultant and management fees, vendor costs, etc. and by system size. Cost information is presented for the 25th percentile, 50th percentile (median) and 75th percentile of approved systems. See http://www.800ta.org/content/resources/FRA_Metrics.pdf (Apr. 15, 2010) v. 8. The TA Metrics are derived from the most recent executed Stage 2 FRAs involving public safety systems. 47 C.F.R. � 90.677(d). Petition at 21. Id.; State of Michigan Comments at 2; State of Connecticut Statement at 1. Petition at 5-6, 10, 12; Chesterfield County Comments at 1; City of Lapeer, Michigan Comments at 1. See, e.g., Petition at 1; Chesterfield County Comments at 1; City of Lapeer, Michigan Comments at 1; and Ford Communications Comments at 1. Section 1.106(f) of the
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  • proceeding, and does not preclude licensees in other cases from asserting that two (or more) touches are operationally necessary for rebanding their particular systems, or from providing for multiple touches in their rebanding agreements with Sprint. Ordering ClauseS Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. IT IS FURTHER ORDERED, that the Transition Administrator SHALL CONVENE a meeting of the Parties, no later than 10 business days from the release date of this Memorandum Opinion and Order to conclude a
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  • they otherwise will be available. In the event a public safety entity submits a waiver request, we will issue a public notice to afford interested parties, including Sprint, the opportunity to comment on the request. ordering clauses Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, 1.45, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 1.45, 90.677, IT IS ORDERED that the Opposition to Sprint Nextel Corporation's Request for Waiver of its Obligation to Relinquish Channels in the Interleaved, Expansion and Guard Bands, filed by Smartcomm, LLC, IS DISMISSED. IT IS FURTHER ORDERED that the Opposition to the Request for Waiver, filed by Preferred Spectrum Investments,
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  • with both the pre-rebanding and post-rebanding channels installed. Therefore, Indiana's change order request to require Sprint to pay for retrieving the radios from the field to give them a first touch was properly disallowed. ordering clauses Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.106 and 90.677 of the Commission's Rules, 47 C.F.R. �� 1.106, 90.677, IT IS ORDERED that the petition for reconsideration, filed February 22, 2011, by the State of Indiana, IS DENIED. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting of the parties within seven business days of the date of this Memorandum Opinion and Order for the purpose of
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  • the mediator reports to the Public Safety and Homeland Security Bureau that the parties are at an impasse. The TA mediator shall periodically inform the Public Safety and Homeland Security Bureau of the status of negotiations. ordering clauseS Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Section 90.677 of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the Further Request for Waiver of the June 26, 2008 Deadline for Completion of Rebanding filed by the City of Overland Park, Kansas IS GRANTED to the extent indicated herein and IS DENIED in all other respects. IT IS FURTHER ORDERED that the Transition Administrator Mediator shall convene
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  • $303,780 for pre- and post-tests of radios; Future services of consultant $90,000; Outside counsel $30,450 for external communications counsel, including fees for filing Proposed Resolution Memorandums (PRM) and supplemental briefs. On August 9, 2010, Sprint responded to the Change Notice and agreed to pay an additional $103,771.65, but declined to pay the remaining $1,638,033.73 sought by Broward. Pursuant to Section 90.677(d)(2) of the Commission's Rules, the Change Notice dispute was referred to the TA Mediator who was unable to resolve the dispute through mediation. The TA Mediator accordingly submitted the RR and the mediation record, including PRMs for both parties, to the Bureau for de novo review on January 24, 2011. Broward filed a Statement of Position on February 3, 2011
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  • final true-up report by June 30, 2013. We emphasize that our action with respect to the true-up date is intended to have no impact on any other aspect of the timetable for 800 MHz rebanding. IV. ORDERING CLAUSES Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 0.191, 0.392, and 90.677 of the Commission's rules, 47 C.F.R. �� 0.191, 0.392, 90.677, IT IS ORDERED that, unless further extended, the true-up ordered in the Fourth Memorandum Opinion and Order SHALL BE CALCULATED based on rebanding expenditures by Sprint Nextel Corporation as of December 31, 2012. IT IS FURTHER ORDERED that, unless the true-up is further extended, the 800 MHz Transition Administrator SHALL
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  • and $12,076.16 for legal fees and associated expenses incurred in mediation and preparing a PRM and reply PRM, for a total of $217,471.05. ORDERING CLAUSES Accordingly, pursuant to the authority of Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331; Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 90.677, of the Commission's Rules, 47 C.F.R. � 90.677, IT IS ORDERED that the issues submitted by the Transition Administrator are resolved as discussed above. This action is taken under delegated authority pursuant to Sections 0.191(f) and 0.392 of the Commission's rules, 47 C.F.R. �� 0.191(f) and 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief Policy and Licensing Division Public Safety
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  • Facilitate resolution of disputes by mediation; or referral of the parties to alternative dispute resolution services; (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. � 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 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
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  • Facilitate resolution of disputes by mediation; or referral of the parties to alternative dispute resolution services; (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. � 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 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-174A1_Erratum.pdf
  • PFR (of R&O) at 12-13. Federal Communications Commission FCC 05-174 64 and not-for-profit organizations that provide private internal radio services, provided these private internal radio services (i) are used to protect safety of life, health, or property; and are (ii) are not made commercially available to the public."339 4. Dispute Resolution Processes 120. Entergy notes an internal contradiction in section 90.677(d) of the Commission's rules. Although the rule section requires the TA to resolve any disputed issues remaining at the end of the mandatory negotiation period "within thirty working days," it, inconsistently, requires the TA to forward any unresolved issues to the Wireless Telecommunications Bureau "within thirty days after the end of the mandatory negotiation period."340 Additionally, Entergy also notes that,
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  • Section 90.674 is amended by replacing the phrase ``Wireless Telecommunications Bureau'' in subsection (c )(vii)(3)(v) with ``Public Safety and Homeland Security Bureau.'' Section 90.676 is amended by replacing the phrase ``Chief of the Public Safety and Critical Infrastructure Division'' in subsection (a) and ``Public Safety and Critical Infrastructure Division'' in subsection (b) with ``Public Safety and Homeland Security Bureau.'' Section 90.677 is amended by replacing the phrase ``Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau'' in subsection (a) and (b), and ``Chief of the Public Safety and Critical Infrastructure Division'' in subsection (d) with ``Public Safety and Homeland Security Bureau.'' STATEMENT OF CHAIRMAN KEVIN J. MARTIN Re: Establishment of the Public Safety and Homeland Security
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  • Report and Order and subsequent orders in this docket, the mandatory negotiation period for 800 MHz Channel 1-120 licensees in Wave 1 ended on December 26, 2005. The TA and other mediators attempted to resolve any disputes that remained at the end of this period within thirty working days after the end of the mandatory negotiation period, pursuant to Rule 90.677(d)(2) and the TA's Alternative Dispute Resolution procedures. The mediation period for the Wave 1 licensees concluded on February 8, 2006. Rule 90.677(d)(2) also provides that the TA will forward the record of any unsuccessful mediation to the Chief of the Wireless Telecommunications Bureau's Public Safety and Critical Infrastructure Division (PSCID) for de novo review of issues that remain unresolved. Under
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  • supports the TA's recommendation. In addition, they urged the TA to take affirmative steps to ensure that negotiations proceed in a fair and expeditious manner, and stressed the importance of Sprint providing sufficient resources to engage in meaningful negotiations with public safety licensees. In order to extend the mandatory negotiation period as requested by the TA, we must waive Section 90.677(c) of the Commission's Rules, which specifies a three-month mandatory negotiation period. Section 1.925 of the Commission's rules states that a rule waiver is warranted if ``(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest; or
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  • that the transition continues on schedule. I believe the guidelines established in these items will help in that regard, and I urge all the parties involved in this effort to continue to work to complete this rebanding. I thank the staff of the Public Safety and Homeland Security Bureau for their work on this important item. . 47 C.F.R. � 90.677(a). Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, et al., Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15021-45, 15069 �� 88-141, 189 (2004) as amended by Erratum, 19 FCC Rcd 19651 (2004), and Erratum, 19 FCC Rcd 21818 (2004) (800 MHz Report and Order); Supplemental
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  • 47-49. Id. 22 FCC Rcd 11866-67 at � 29. Sprint AFR at 3. Id. at 5, citing City of Boston, Massachusetts and Sprint Nextel, Memorandum Opinion and Order, 21 FCC Rcd 14661 (PSHSB 2006) (City of Boston). Id. at 6. Id. at 9. Washoe Opposition at 2. See Petition for De Novo Review, filed July 13, 2007. 47 C.F.R. � 90.677(d)(2). See 800 MHz R&O, 19 FCC Rcd at 15075 � 201. Id. Sprint Reply at 2-3. See 47 C.F.R. � 1.115. We note that in cases where a party has not filed an application for review but has raised significant questions of law in a Section 90.677(d)(2) petition for de novo review, the Commission may, for reasons similar to those
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  • general licensing and application filing requirements, technical standards, and operations for Specialized Mobile Radio and other commercial, private, and public safety licensees. Specifically, the Public Safety and Homeland Security Bureau administers rules regarding Operating Requirements (Subpart N, sections 90.405 through 90.417), Licensing and Use of Frequencies in the 806-824, 851-869, 869-901 and 935-940 MHz Bands (Subpart S, sections 90.676 through 90.677) and 700 MHz Public/Private Partnership (Subpart AA). RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE WIRELESS TELECOMMUNICATIONS BUREAU (WTB) WT Docket No. 08-182 Part 1 - Practice and Procedure - In addition to containing the procedural rules of general applicability to all Commission licensees, contains certain rules that explicitly address wireless telecommunications applications and proceedings (Subpart F) and procedures relating to
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  • addressed rebanding disputes between Sprint and individual 800 MHz licensees. In the first petition, Sprint seeks review of a Bureau order resolving a dispute between Sprint and Chester County, Pennsylvania (Chester County). The second petition seeks rehearing of a Bureau order resolving a dispute between Sprint and the City of Chesapeake, Virginia (Chesapeake). Discussion. Although Sprint is entitled under Section 90.677(d)(2) of our rules to seek a de novo evidentiary rehearing before an ALJ of any Bureau rebanding decision, we pointed out in our recent Washoe County AFR Order that the de novo rehearing procedure does not supplant the application for review procedure set forth in Part 1 of the Commission's rules. We also stated that in cases where party's petition
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  • general licensing and application filing requirements, technical standards, and operations for Specialized Mobile Radio and other commercial, private, and public safety licensees. Specifically, the Public Safety and Homeland Security Bureau administers rules regarding Operating Requirements (Subpart N, sections 90.405 through 90.417), Licensing and Use of Frequencies in the 806-824, 851-869, 869-901 and 935-940 MHz Bands (Subpart S, sections 90.676 through 90.677) and 700 MHz Public/Private Partnership (Subpart AA). RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE WIRELESS TELECOMMUNICATIONS BUREAU (WTB) WT Docket No. 10-271 Part 1 - Practice and Procedure - In addition to containing the procedural rules of general applicability to all Commission licensees, contains certain rules that explicitly address wireless telecommunications applications and proceedings (Subpart F) and procedures relating to