Federal Communications Commissionda 09-1297

Federal Communications CommissionDA 09-1297

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
Improving Public Safety Communications in the 800 MHz Band
Supplemental Requests for Waiver of June 26, 2008 Rebanding Deadline / )
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ORDER

Adopted: June 9, 2009Released: June 9, 2009

By the Acting Chief, Public Safety and Homeland Security Bureau:

I.INTRODUCTION and background

1.On June 17, 2008, the Public Safety and Homeland Security Bureau (Bureau) released a series of orders addressing approximately 500 requests by non-border area 800 MHz public safety licensees for waiver of the June 26, 2008 deadline to complete 800 MHz rebanding.[1] In these orders, we:

• Granted waivers to public safety licensees seeking extensions to complete rebanding on or before July 1, 2009.
• Granted partial relief to licensees requesting more lengthy extensions because of system size and complexity or interoperability coordination issues with other licensees in the region.[2]
• Granted interim relief to those licensees that requested more time to submit proposed timetables because they were still planning a rebanding schedule or negotiating a Frequency Reconfiguration Agreement (FRA) with Sprint Nextel Corporation (Sprint). We directed these licensees to submit supplemental waiver requests, with milestone dates, by July 18, 2008.[3]
• Addressed waiver requests from several licensees for dates that already had passed. Those licensees had not subsequently filed a supplemental waiver request or a proposed timetable. They were directed to file a supplemental waiver request, with milestone dates, within 30 days of the release of the orders.

On July 14, 2008, we addressed additional requests for waiver that were filed after June 17 or were not addressed in the June 2008 Orders.[4] With respect to those licensees, we granted interim relief conditioned on each licensee submitting a supplemental waiver request no later than July 25, 2008.[5] In this order, we address the supplemental waiver requests that have been filed as a result of those previous orders and provide relief to the extent discussed below.[6]

II.DISCUSSION

A.Supplemental Waiver Requests to Complete Rebanding

2.Licensees Requesting Extensions to Complete Rebanding on or before October 1, 2009. We first address waiver requests of licensees that propose to complete their rebanding on or before October 1, 2009.[7] After reviewing these requests, we find that each of these licensees has made substantial progress toward completing rebanding and has demonstrated a level of diligence and good faith warranting the requested extension. Consistent with our June 2008 Orders, we grant the waiver dates requested by these licensees.

3.Licensees Requesting Extensions or Proposing Milestone Dates to Complete Rebanding after October 1, 2009. In the June 2008 Orders, we stated that we would subject licensees requesting waivers to complete rebanding after July 1, 2009 to a heightened level of scrutiny.[8] Several licensees have proposed milestone dates or anticipate completing their rebanding projects after October 1, 2009, because they are still planning or are involved in lengthy FRA negotiations.[9] Certain other licensees propose to complete rebanding in the 2010-2012 timeframe, but state that the dates they specify are tentative because their ability to reband is dependent upon the rebanding schedules of adjacent or overlapping larger systems whose completion dates are not yet known.[10] Taking these circumstances into consideration, we grant these waiver requests in part and will allow each of these licensees until October 1, 2009 to either complete rebanding or to submit a further request for waiver seeking additional time. Any further request must detail the licensee’s progress to date and propose milestone dates for any major rebanding steps, e.g., subscriber unit deployment, system cut-over, and post-cutover modifications,[11] that have not yet been completed. In addition, licensees with timetables that are dependent on rebanding by adjacent or overlapping systems must identify such interdependencies.

4.Licensees Requesting Extensions With No Completion or Milestone Dates Specified. In response to the June 2008 Orders, some licensees request indefinite waivers that do not specify an extension date or proposed milestone dates to complete rebanding.[12] We hold these waiver requests in abeyance and direct each such licensee to submit a supplemental request within 30 days of the release of this order by submitting the information required by the June 2008 Orders and the Commission’s Waiver Guidance Notice, i.e., a proposed extension date and proposed milestone dates for subscriber unit deployment, system cut-over, and post-cutover modifications.[13] We will act on these waiver requests upon receipt of the supplemental information.

5.Licensees Requesting Additional Interim Extensions. Some licensees have submitted additional “interim” extension requests to complete their planning and FRA negotiations and thereafter submit final waiver requests.[14] A number of these licensees have also simultaneously filed “final” waiver requests seeking extensions until July 1, 2009, although they anticipate their rebanding projects will not be completed by that date because of prolonged FRA negotiations or delays outside of the licensee’s control.[15] We dismiss these requests and direct each of these licensees, within 30 days of release of this order, to submit a proposed extension date and milestone dates as required by the June 2008 Orders and the Commission’s Waiver Guidance Notice. The proposed timetable must include an estimate of the amount of additional time reasonably required to complete planning and negotiate an FRA. All licensees that filed extension requests to complete planning and FRA negotiations must follow this procedure rather than continuing to file additional interim waiver requests.

6.We advise licensees that are within a 30-day mediation period that they must obtain approval of mediation extension requests from the Bureau, not from the mediator. While we understand that the planning and FRA negotiation process has been time-consuming for some of these licensees that have submitted “interim” extension requests, we stated in the June 2008 Orders that “all of these licensees should be sufficiently far along with their planning to provide projected milestone dates for completion of the major steps in the rebanding process.”[16] We will act on these licensees’ waiver requests upon receipt of their supplemental information.

7.Licensees Proposing Extensions for Dates That Have Passed. Some licensees that request waiver dates that have passed have not subsequently filed a supplemental waiver request or a proposed timetable.[17] We direct each of these licensees, within 30 days of release of this order, to either confirm with the TA that it has completed rebanding or submit a supplemental waiver request to the Bureau with a proposed timetable and milestones as required by the June 2008 Orders and the Waiver Guidance Notice.[18] We will act on these waiver requests upon receipt of the supplemental information.

B.Waiver Requests Held in Abeyance

8.The New Jersey Transit Corporation, the City and County of Sacramento, California (collectively, Sacramento), and Liberty Communications, Inc., each have a proceeding pending before this Bureau. We therefore hold their waiver requests in abeyance until the proceedings have been resolved.[19] The University of California-Davis (UC-Davis) states it cannot retune its network because it interoperates with Sacramento and has requested an open-ended waiver. We direct UC-Davis to file an estimated implementation schedule within 30 days of the release date of an order resolving the Sacramento proceeding.

C.Other Matters

9.Regional Implementation Planning Sessions. As discussed above, many licensees have taken substantial steps towards completing their rebanding efforts, while others have not proposed any milestone dates to complete rebanding. To assist all interested persons with effective planning and implementation of licensees’ systems, we require all licensees that have not completed rebanding to participate in a TA-sponsored implementation planning session (IPS) in their respective region if such a session is offered. Participating in an IPS aids licensees in understanding interoperability issues that might affect other licensees operating in the region and assists their vendors with planning and allocating resources among different 800 MHz rebanding programs. Licensees that fail to participate in an IPS risk denial of further extensions.

10.NPSPAC Mutual Aid Channels. As we stated in our previous orders, licensees do not need to seek waivers for continued operation on the five “old” nationwide mutual aid channels in the pre-rebanding NPSPAC band.[20] Licensees may continue to operate infrastructure that supports those five mutual aid channels until all NPSPAC licensees in the region have completed rebanding of their systems. Licensees, however, must notify the TA if they plan to continue to operate on the old NPSPAC mutual aid channels.[21] Accordingly, we dismiss, without prejudice, requests for waiver that request additional time to continue to operate on these channels.[22]

11.Supplemental Standard Waiver Forms. Finally, we clarify that licensees that received interim waivers and are obligated to file supplemental waiver requests should use the TA’s “standard” waiver form, not the interim waiver form, when they submit their supplemental waiver requests, even if they have not yet completed a Frequency Reconfiguration Agreement (FRA) with Sprint.[23] The standard form seeks the estimated implementation milestones that we directed licensees to provide. Licensees without FRAs should provide their best estimate of these milestones. Upon completing an FRA, these licensees must amend their waiver requests to reflect the milestone dates that have been negotiated in the FRA.[24] We note that the milestone dates must be specific, i.e., it is not acceptable to list milestone dates as “TBD (to be determined)” or to specify milestones in terms of future events, e.g., “on completion of rebanding in Region ‘X’.”

III.ORDERING CLAUSE

12.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 1.925 of the Commission’s rules, 47 C.F.R. §§ 0.191, 0.392, 1.925, IT IS ORDERED that the requests for waiver of the June 26, 2008, deadline submitted by the licensees listed in Appendix A of this orderare GRANTED, GRANTED IN PART, HELD IN ABEYANCE, OR DISMISSED to the extent discussed herein.

FEDERAL COMMUNICATIONS COMMISSION

David L. Furth

Acting Bureau Chief

Public Safety and Homeland Security Bureau

APPENDIX A

WAIVER REQUESTS

Region 1 (Alabama)

Licensee / TA Waiver Reference Number / Call Sign/Lead Call Sign / Date Waiver Request Filed / Extension Date Requested / Extension Date Granted / Licensee Action
Required
Calhoun County, AL / 1660 / WPME714 / July 17, 2008 / December 15, 2009 / October 1, 2009
Dothan, AL / 1372 / WPGW902 / October 3, 2008 / March 15, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Gadsden, AL / 1408 / WPGX740 / December 3, 2008 / January 16, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Mobile, AL / 1416 / WNRE868 / September 23, 2008 / December 24, 2008 / File supplemental waiver request within 30 days of the release date of this Order
Mobile County, AL / 1418 / WNUX634 / December 26, 2008 / April 17, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Montgomery Metro Communications Cooperative District, AL / 1722 / KNNM675 / July 18, 2008 / July 10, 2009 / July 10, 2009
Morgan County, AL / 1412 / WPUW998 / October 20, 2008 / November 17, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
State of Alabama / 1422 / WPBE569 / February 13, 2009 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Washington County, AL / 1424 / WQFA454 / August 27, 2008 / October 15, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order

Region 4 (Arkansas)

Licensee / TA Waiver Reference Number / Call Sign/Lead Call Sign / Date Waiver Request Filed / Extension Date Requested / Extension Date Granted / Licensee Action
Required
State of Arkansas / 1658 / WQBY875 / July 17, 2008 / June 2, 2010 / October 1, 2009
Little Rock, AR / 1685 / WNZK461 / July 17, 2008 / No date (18 mos. after start of rebanding) / File supplemental waiver request within 30 days of the release date of this Order

Region 5 (Southern California)

Licensee / TA Waiver Reference Number / Call Sign/ Lead Call Sign / Date Waiver Request Filed / Extension Date Requested / Extension Date Granted / Licensee Action
Required
Signal Hill, CA / 1721 / WNVG202 / July 18, 2008 / December 31, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
State of California / 1425 / KNCM771 / July 7, 2008 / October 20, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order

Region 6 (Northern California)

Licensee / TA Waiver Reference Number / Call Sign/Lead Call Sign / Date Waiver Request Filed / Extension Date Requested / Extension Date Granted / Licensee Action
Required
Richmond, CA / 1220 / WPGR333 / July 15, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Roseville, CA / 1221 / WPMQ537 / July 15, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Sacramento, CA and Sacramento County, CA / 1256 / WNXW543 / July 15, 2008 / May 31, 2011 / Held in Abeyance
San Francisco, CA and San Francisco County, CA / 1705 / WNXV207 / July 18, 2008 / August 16, 2010 / October 1, 2009
Santa Clara, CA / 1016 / WPCP221 / October 24, 2008 / April 3, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
University of California - Berkeley / 1006 / WPBH651 / September 17, 2008 / November 30, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
University of California - Davis / 1013 / WQCF499 / September 17, 2008 / No Date / File implementation schedule within 30 days of the release date of an order resolving the Sacramento proceeding. See supra ¶ 8.
University of California - Santa Cruz / 1005 / WPHB650 / September 12, 2008 / September 25, 2008 / File an supplemental waiver request within 30 days of the release date of this Order

Region 7 (Colorado)

Licensee / TA Waiver Reference Number / Call Sign/Lead Call Sign / Date Waiver Request Filed / Extension Date Requested / Extension Date Granted / Licensee Action
Required
Adams 12 Star School / 1561 / WPQC884 / July 15, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Denver, CO and Denver County, CO / 1219 / KNNR200 / July 15, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order

Region 8 (Metropolitan New York Region)

Licensee / TA Waiver Ref. No. / Call Sign/Lead Call Sign / Date Waiver Request Filed / Extension Date Requested / Extension Date Granted / Licensee Action
Required
Consolidated Edison of New York, Inc. / 1616 / KB1083 / December 30, 2008 / July 1, 2009 / July 1, 2009
Nassau County, NY / 1568 / WNNM884 / August 29, 2008 / April 30, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
New Jersey Transit Corporation / 1676 / WNSM959 / July 17, 2008 / No Date / Held in Abeyance
New York City (DOITT) / 1282 / KNBX913 / December 30, 2008 / July 1, 2009 / July 1, 2009
Norwalk, CT / 1663 / WNQS468 / July 17, 2008 / February 2, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Old Bridge Township, NJ / 1664 / WNVR831 / July 17, 2008 / June 15, 2009 / June 15, 2009
Stamford, CT / 1196 / Statewide mutual aid channels / September 30, 2008 / No Date / Dismissed without prejudice
Suffolk County, NY / 1743 / WNNM880 / June 23, 2008 / February 26, 2010 / October 1, 2009
Union City, NJ / 1744 / WPWN762 / August 19, 2008 / No Date / File supplemental waiver request within 30 days of the release date of this Order
Trenton, NJ / 1145 / WPGP231 / September 19, 2008 / September 19, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Waterbury, CT / 1674 / WNNM913 / July 17, 2008 / June 30, 2009 / June 30, 2009

Region 9 (Florida)

Licensee / TA Waiver Reference Number / Call Sign/ Lead Call Sign / Date Waiver Request Filed / Extension Date Requested / Extension Date Granted / Licensee Action
Required
Apopka, FL / 1462 / WNPE229 / September 5, 2008 / December 15, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Boca Raton, FL / 1741 / WNAJ768 / July 24, 2008 / December 21, 2009 / October 1, 2009
Boynton Beach, FL / 1402 / WNCE606 / July 18, 2008 / March 31, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Charlotte County, BCC / 1378 / WPMJ856 / July 18, 2008 / June 1, 2009 / June 1, 2009
Collier County, FL / 1417 / WQGV528 / August 27, 2008 / October 30, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Coral Gables, FL / 1707 / WPCJ404 / July 18, 2008 / February 28, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Coral Springs, FL / 1476 / WPGN656 / July 17, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Flagler, FL / 1498 / WQEK508 / September 5, 2008 / June 30, 2009 / Dismissed without Prejudice
Ft. Lauderdale, FL / 1732 / WPDU560 / July 18, 2008 / May 2, 2010 / October 1, 2009
Greater Orlando Public Safety Coop, FL / 1500 / WPGT579 / October 30, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Indian River County, FL / 1479 / WPDK640 / August 27, 2008 / October 30, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Lee County BOCC, FL / 1529 / WNMD426 / July 18, 2008 / September 30, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Liberty Communications, Inc. / 1104 / KNIQ708 / August 13, 2008 / No Date Specified / Held in Abeyance
Maitland, FL / 1729 / WPPF736 / November 4, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Manatee, FL / 1446 / WNKA279 / July 18, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Martin County, FL / 1725 / WPXP545 / July 18, 2008 / June 30, 2009 / June 30, 2009
Miami Beach, FL / 1642 / WNFW911 / July 14, 2008 / June 26, 2009 / June 26, 2009
Miami-Dade County, FL / 1450 / WPGD547 / July 18, 2008 / December 1, 2008 / File supplemental waiver request within 30 days of the release date of this Order
Miami Shores Village, FL / 1445 / WPGD548 / July 18, 2008 / No date / File supplemental waiver request within 30 days of the release date of this Order
Miramar, FL
(Stage I) / 1477 / WNAF764 / July 17, 2008 / November 30, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Miramar, FL
(Stage II) / 1521 / KNJH368 / July 18, 2008 / February 28, 2009 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Monroe County, FL / 1733 / WQBK905 / July 18, 2008 / June 30, 2009 / June 30, 2009
Ocala, FL / 1652 / WPFX943 / July 16, 2008 / February 5, 2010 / October 1, 2009
Orange County, FL / 1404 / WQEC250 / July 15, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Osceola County, FL / 1409 / WNXZ689 / July 17, 2008 / August 20, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Palm Coast, FL / 1493 / WQDD802 / August 28, 2009 / September 30, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Pinellas County, FL / 1640 / WPWU779 / July 11, 2008 / September 29, 2010 / October 1, 2009
Plantation, FL / 1496 / KNGK462 / July 17, 2008 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Polk County, FL / 1709 / WPKY256 / July 18, 2008 / July 31, 2009 / July 31, 2009
Reedy Creek Improvement District, FL / 1447 / WPTU288 / January 7, 2009 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Seminole County, FL / 1495 / WNFW605 / February 17, 2009 / June 30, 2009 / File supplemental waiver request within 30 days of the release date of this Order
Tallahassee, FL / 1411 / WPBH782 / September 8, 2008 / November 1, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Volusia County, FL / 1458 / WPQC890 / June 27, 2008 / July 31, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order
Winter Park, FL / 1502 / WPDU261 / October 31, 2008 / December 14, 2008 / Confirm with TA that rebanding is complete or file supplemental waiver request within 30 days of the release date of this Order

Region 10 (Georgia)