Regulatory Update

1
Regulatory Update

• Bette Rinehart

2
700 MHz

• October 10 Deadline for Public Safety Broadband
  Licensee applications
• Public Safety Broadband Trust only applicant
• October 23 Certification deadline
• 35 certifications received
• Auction 73 (700 MHz) Rules, deadlines established
• Auction will begin on January 24, 2008
• January 31, 2008 New Deadline to file revised
  700 MHz Regional Plans
• Applies to Regions with granted or pending Plans
  as of July 2007

3
800 MHz
4
3rd Memorandum Opinion Order

• Sprint Nextel failed to meet its 18 month
  benchmark obligation to clear first 20 regions
• No penalties imposed
• Although they cleared 26 regions, not all of Wave
  1 was cleared
• FCC imposes additional benchmarks to ensure
  timely completion
• SN must complete relocation of all 1-120
  channels in Waves 1, 2, 3 and non-border 4 by
  12/26/07
• SN must file monthly progress reports on 1-120
  clearing
• SN and SouthernLinc must be off 1-120 and
  interleaved by 6/26/08
• For licensees requesting access to new NPSPAC
  channels in the interim
• SN must clear within 90 days of request made
  prior to 1/1/08
• SN must clear within 60 days of request made
  after 1/1/08
• Waivers filed for extensions due to potential
  interference from broadcast channel 69 granted
• Infrastructure retuning can be extended to 3/1/09
• Incumbents should proceed with whatever planning
  or subscriber replacement possible
• Any licensee impacted by Channel 69 must file own
  waiver, not a blanket decision

All non-Nextel / Non-SouthernLinc
5
Public Notice Supplemental Procedures and
Guidance

• Completion of planning
• FRA negotiations
• Change notice process
• Rebanding implementation
• Regional implementation planning
• Wave 4 border area planning
• Licensee request for extension

6
Completion of Planning

• Following TA approval, NPSPAC licensees must
  complete planning (either with or without a PFA)
  and submit a cost estimate as follows
• 1 - 5,000 units within 90 days
• 5,001 - 10,000 units within 100 days
• Over 10,000 units within 110 days
• NPSPAC licensees in Waves 1-3 that are already
  engaged in planning must complete planning and
  submit a cost estimate to Sprint as follows
• Wave 1 by October 15, 2007
• Wave 2 by November 15, 2007
• Wave 3 by December 15, 2007
• A NPSPAC licensee may request additional time for
  planning but must show why and provide detail on
  activities to date
• During planning, NPSPAC licensees must provide
  the TA with biweekly status updates. The cost of
  the updates is recoverable from Sprint Nextel.

7
FRA Negotiations

• Parties have 30 days to negotiate an FRA
  following submission of a cost estimate to Sprint
  by the licensee
• TA mediators will monitor negotiations and track
  submittal dates
• TA mediators will not participate in
  negotiations.
• If the parties are unable to negotiate an FRA
  within 30 days, the parties shall participate in
  mediation for 20 days
• Any remaining disputed issues will be referred to
  PSHSB within 10 days of the close of the
  mediation period

8
Change Notice Process

• The negotiation and approval of Change Notice
  requests should take into account the overall
  goals of this proceeding, not just the issue of
  minimum cost.
• Licensees cant use Change Notice to recover
  costs that were originally rejected or reasonably
  foreseeable during planning or FRA negotiations
• Licensees complying with time limits may seek
  costs incurred that could not reasonably be
  anticipated within such time limits.
• Licensees should submit Change Notice requests
  concurrently to Sprint and the TA.
• Sprint shall respond to all Change Notices
  requests within 10 working days of receipt
• Parties may request mediation from the TA and
  shall participate in mediation for 15 working
  days
• Remaining disputes will be referred to PSHSB. TA
  must review all amendments within 10 working days
  from the date

9
Rebanding Implementation

• Use the resources offered by the TA to prepare
  for and expedite system reconfiguration.
• Use SED
• Make sure contracts are compliant with FRA
  schedule and FCC requirements
• Create and distribute lists of key licensee
  personnel and contacts, as well as contacts for
  vendors, consultants, Sprint, and the TA.
• Maintain an inventory of all subscriber and
  infrastructure equipment affected by rebanding,
  and verify the receipt of all loaner and
  replacement equipment
• Notify Sprint Nextel when channels in the new
  NPSPAC band need to be made available
• Have a mutual aid plan in place during
  reconfiguration.
• Notify the TA of unresolved issues that affects
  the implementation schedule.

10
Regional Implementation Planning

• Licensees should be prepared to discuss all
  issues associated with reconfiguration of their
  systems
• Do whatever activities are possible while
  implementation planning is under way
• If a licensee has an executed FRA and does not
  require interoperability can reconfigure
• Multiple licensees that propose to reconfigure as
  a coordinated group may present a single timeline
  and plan (even if they have separate FRAs).
• For licensees in mediation with Sprint Nextel,
  discussions at regional planning sessions will
  not be treated as part of the official mediation
  record

11
Wave 4 Border Area

• During this extended period, Wave 4 border area
  licensees are not required to engage in planning
  or negotiation prior to receipt of frequency
  designations from the TA.
• Licensees should engage in such activities to the
  extent that they are not frequency-dependent and
  would not result in unnecessary duplication of
  costs.
• If licensees choose to engage in such activities,
  Sprint shall pay licensees reasonable costs in
  accordance with the requirements of the
  Commissions orders in this proceeding.

12
Public Safety Licensee Requests for Extension of
36-Month Deadline

• FCC discourages public safety licensees from
  filing extension requests at this time
• Requests for extension will be subject to a high
  level of scrutiny
• Sprint Nextel is required to pay expenses that
  are incurred after June 26, 2008
• FCC directed TA to approve FRAs that will have
  costs incurred after June 26, 2008

13
Key Dates
14
FCC 12/20/06 Public Notice

• Discussed use of STAs for interim use
• During the freeze and post-freeze period, they
  will accept requests for STAs on pre-rebanding
  frequencies
• The Regional Planning Committee must concur and
  the frequencies must be consistent with the
  Regional Plan
• No permanent licenses will be granted on the
  pre-rebanding frequencies
• Licensees must file a permanent application to
  operate on the new frequencies when they become
  available for licensing
• When will that be?

15
STA Requirements

• STA applications must contain complete details
  about the proposed operation and the
  circumstances that fully justify and necessitate
  the grant of STA
• A successful application would clearly articulate
  why the facilities requested must be implemented
  before the end of band reconfiguration
• Applications will be closely scrutinized as the
  date for completion of reconfiguration approaches

16
Who Pays to Reband?

• Sprint Nextel is not required to pay for
  relocation of facilities authorized by STA on
  pre-rebanding frequencies after the freeze has
  ended,
• Licensee can file a waiver requesting that Sprint
  Nextel be responsible for payment of relocation
  costs
• Licensee must demonstrate that
• The need for the facility could not reasonably
  have been anticipated before the end of the
  mandatory negotiation period and
• Safety considerations dictate that the modified
  facilities must be activated before band
  reconfiguration is completed in the relevant
  NPSPAC region.  Reopened negotiations with Sprint
  should not commence until a waiver has been
  granted.

17
Avoiding Licensing Pitfalls

• Coordinate implementation on NPSPAC channels with
  reconfiguration timeframe
• Work with Regional Planning Committees and get
  concurrence
• Contact Sprint Nextel regarding their use of
  new NPSPAC channels
• If using STA, make sure you have back-up
  documentation

18
Canadian Border Proposals

• FCC Released a FNPRM seeking comment on Canadian
  Band Plan proposals
• Comments due December 3
• Replies due December 18
• Seeks to align Canadian border allocations as
  closely as possible to nationwide allocations

19
Overall Proposals

• Move non-PS incumbents in the lowest part of the
  US allocation to frequencies higher in the band
• NPSPAC systems will relocate from the top of the
  band to the lowest portion
• Frequencies vacated by Sprint Nextel will be
  available to PS for the first 3 years
• Mutual aid channels will match the mutual aid
  channels in the non-border NPSPAC band plan
• Additional frequencies in the 866-869 band
  established for mutual aid btw US Canada will
  be maintained
• No ESMR operations on those frequencies in border
  regions
• Cut off between Regions 2 3 will be the PA/OH
  border
• Ohio no longer part of 3 Canadian border regions
• Cellular/non-cellular operations in the upper
  part of the band will be separated as much as
  possible
• Some interleaving may be necessary
• Comment sought on extent of interleaving and what
  technical rules needed to mitigate potential
  interference

20
Overall Proposals cont.

• Existing non-NPSPAC PS systems will stay in the
  lowest part of the US allocation
• Some may have to move to accommodate relocating
  NPSPAC systems
• Means interleaving of non-NPSPAC systems
  operating on 25 kHz spaced channels and NPSPAC
  systems operations on 12.5 kHz spaced channels
• Both NPSPAC and non-NPSPAC can operate at 25 kHz
  bandwidth
• NPSPAC subject to tighter emission masks
• FCC asks
• Are special technical rules needed to mitigate
  potential interference between the two?
• Should non-NPSPAC licensees be permitted to
  operate on NPSPAC channels if they meet the
  emission mask requirements?