[Federal Register: November 22, 2004 (Volume 69, Number 224)]
[Rules and Regulations]
[Page 67853-67854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no04-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 22, 24, 74, 78 and 90
[WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, RM-
9498; RM-10024; FCC 04-253]
The 800 MHz Public Safety Interference Proceeding; Extension of
Deadlines
AGENCY: Federal Communications Commission.
ACTION: Final rule; extension of compliance deadlines.
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SUMMARY: The Federal Communications Commission extends certain
deadlines set out in the Commission's initial 800 MHz Report and Order
(Order) released on August 6, 2004. The summary of the order and the
rules issued pursuant to the order are published in the Rules and
Regulations section in this issue. The Commission extended the
deadlines in order to afford interested parties to the proceeding
additional time to comply with certain deadlines that are set forth in
the full text version of the Order, released August 6, 2004.
DATES: The deadlines, as described in SUPPLEMENTARY INFORMATION, are
extended an additional forty-five (45) days. For example, actions that
previously were required within thirty (30) or sixty (60) days of
Federal Register publication of the Order are now required by February
7, 2005, or March 7, 2005, respectively. The Commission is not
deferring the effective date of the rules in this proceeding published
elsewhere in this issue.
ADDRESSES: All filings must be addressed to the Commission's Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Suite TW-A325, Washington, DC 20554.
One (1) courtesy copy must be delivered to Roberto Mussenden, Esq. at
the Federal Communications Commission, Wireless Telecommunications
Bureau, Public Safety and Critical Infrastructure Division, 445 12th
Street, SW., Suite 5-C140, Washington, DC 20554, or via e-mail,
roberto.mussenden@fcc.gov, and one (1) copy must be sent to Best Copy
and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone 1-800-378-3160, or via e-mail, http://www.bcpiweb.com
.
FOR FURTHER INFORMATION CONTACT: John Evanoff, Esq. or Roberto
Mussenden, Esq., Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice
released by the Federal Communications Commission on October 22, 2004,
extending certain deadlines set forth in the Order.
1. The extension of deadlines was prompted in order to avoid
uncertainty for Nextel Communications, Inc. (Nextel) and certain other
800 MHz licensees, while the Commission seeks expedited comment on
issues raised in certain ex parte presentations. The request for
comments is designed to develop a full and complete record and to
further the effective implementation of the 800 MHz band
reconfiguration process. These issues are published in the Proposed
Rules section of this issue. Therefore, the Commission believes it is
appropriate to provide affected parties additional time in which to
comply with certain deadlines set forth in the Order, released on
August 6, 2004, a summary of which is published in the Rules and
Regulations section of this issue. For this reason, with the exception
of the statutory deadlines for filing petitions for reconsideration and
for seeking judicial review of the Order, the Commission extends these
deadlines by 45 days. For example, actions that previously were
required within thirty (30) or sixty (60) days of Federal Register
publication of the 800 MHz Report and Order are now required by
February 7, 2005, or March 7, 2005, respectively. The Commission is not
deferring the effective date of the rules in this proceeding published
elsewhere in this issue. Specifically, the Commission extends the
following deadlines an additional 45 days:
2. The Commission extends the deadlines contained in paragraph 342
of the Order. Paragraph 342 of the Order provides that:
``pursuant to Section 309 and 316 of the Communications Act of 1934,
as amended, 47 U.S.C. Sec. Sec. 309, and 316, the licenses of all
800 MHz band licensees (including, but not limited to, Nextel
Communications, Inc.), are hereby modified as specified in this
Report and Order; provided, however, that in the event Nextel
rejects any of the conditions for modification required in this
Report and Order, all the modifications of all the 800 MHz licenses
specified in this Report and Order are suspended unless and until
the Commission orders otherwise. Nextel will be deemed to have
rejected such conditions (a) unless it files with the Commission a
written acceptance of all such conditions within thirty days of the
publication of this Report and Order in the Federal Register, or (b)
if it files a judicial appeal of this Report and Order within thirty
days of the publication of this Report and Order in the Federal
Register. Pursuant to Section 316(a)(1) of the Communications Act of
1934, as amended, 47 U.S.C. Sec. 316(a)(1), publication of this
Report and Order in the Federal Register shall constitute
notification in writing of our Order modifying Nextel's 800 MHz
licenses and those of all other 800 MHz licenses, and of the grounds
and reasons therefore, and Nextel and these other 800 MHz licensees
shall have thirty days from the date of such publication to protest
such Order.''
3. The Commission extends the deadlines contained and referenced in
paragraph 344 of the Order (as amended by the Second Erratum in this
docket released October 6, 2004). Paragraph 344, as amended, provides
that:
``within sixty days of the publication of this Report and Order in
the Federal Register, Nextel shall comply with the following
conditions precedent to its operations on the 1.9 GHz band:
Nextel shall certify that it has obtained an
irrevocable letter of credit, in all material
[[Page 67854]]
respects identical to that contained in Appendix E hereto, which
provides assurances that $2.5 billion will be available for band
reconfiguration, notwithstanding the financial condition of Nextel,
or its successor(s).
Nextel shall specify on the initial letter of credit
and any subsequent letters of credit, a Trustee, acceptable to the
Commission, which shall draw upon and disburse funds in accordance
with the terms thereof and the Transition Administrator's
instructions. Further, on the occasion of a material breach by
Nextel of its obligations hereunder, as declared by the Commission,
said trustee shall receive the remaining balance of the letter(s) of
credit to hold in trust and disburse in accordance with the terms of
this Report and Order. Said funds shall be devoted exclusively to
reconfiguration of the 800 MHz band except as otherwise provided in
this Report and Order.
Nextel shall deliver an opinion letter from counsel
clearly stating, subject only to customary assumptions, limitations
and qualifications, that in a proceeding under Title 11 of the
United States Code, 11 U.S.C. Section 101 et seq. (the ``Bankruptcy
Code''), in which Nextel is the debtor, the bankruptcy court would
not treat the Letter of Credit or proceeds of the Letter of Credit
as property of Nextel's bankruptcy estate under Section 541 of the
Bankruptcy Code. The scope of the opinion letter must also cover
such other opinions as the Commission shall request. The opinion
letter must contain detailed legal analysis of the basis of
counsel's opinion. A draft opinion letter must be submitted for
review and approval by the Commission's Office of General Counsel
prior to issuance of the letter. Bankruptcy counsel, and, if
applicable, counsel's firm, must have a Martindale-Hubbell rating of
``A/V'' and must satisfy the Commission in all other respects.
Nextel shall provide a letter or letters, in content
satisfactory to the Commission, from any and all parties having a
financial or equitable interest in any existing or proposed 800 MHz
system, whether in the United States, Mexico or Canada, and
connected in any way to Nextel by way of being a subsidiary,
partner, or otherwise; to the effect that such parties are bound to
perform the obligations imposed on Nextel herein to the extent such
obligations are necessary or desirable in the completion of
reconfiguration of the 800 MHz band.
Nextel shall obtain the Commission's approval of all
documents it submits pursuant to this paragraph.
Nextel shall file with the Commission an
acknowledgement that meets the requirements of paragraph 87 supra.''
4. The Commission extends the deadline contained in paragraph 345
of the Order (as numbered in the Second Erratum released October 6,
2004). Paragraph 345, as numbered, provides that that ``within thirty
days of the publication of this Report and Order in the Federal
Register, Nextel and Southern LINC shall deliver to the Commission an
agreement for the channel distribution for all 800 MHz licensees in the
areas shown in Appendix G.''
5. The Commission extends the Broadcast Auxiliary Service (BAS)
relocation deadlines set out in paragraph 346 of the Order (as numbered
in the Second Erratum released October 6, 2004). Paragraph 346 provides
that, Nextel's modified licenses authorizing operations within the 1.9
GHz band are conditioned on several requirements, including:
``Nextel shall certify to the Commission that all BAS facilities
have been relocated within thirty months after the effective date of
this Report and Order. If Nextel fails to meet this benchmark, for
reasons that Nextel could reasonably have avoided, the Commission
will determine whether forfeitures should be imposed and/or whether
Nextel licenses, including, but not limited to, its 1.9 GHz
licenses, should be revoked.''
6. The Commission extends the BAS relocation deadlines set forth in
Paragraph 352 of the Order (as numbered in the Second Erratum released
on October 6, 2004). Paragraph 352 provides that, ``as a condition on
Nextel's 1.9 GHz licenses, Nextel shall, as described herein, relocate
all BAS licensees in the 1990-2025 MHz band within thirty months after
the effective date of this Report and Order.'' In this connection,
Section 352 provides that Nextel shall comply with certain
requirements, which include, but are not limited to:
``Nextel shall file with the Commission and copy the
MSS licensees within thirty days after the effective date of this
Report and Order its plan for the relocation of BAS operations in
the markets that will be relocated during stage one (i.e.,
relocations made within eighteen months after the effective date of
this Report and Order).''
``Nextel shall follow a negotiation period for stage
one relocations that ends May 31, 2005 and that ends March 31, 2006
for stage two relocations (i.e., relocations made within thirty
months after the effective date of this Report and Order).''
``Nextel shall file progress reports within twelve
months and twenty-four months after the effective date of this
Report and Order on the status of the transition, including
identifying the markets that will be relocated during stage one, and
all remaining markets that will be relocated during stage two.''
``Nextel shall certify to the Commission that all BAS
facilities have been relocated within thirty months after the
effective date of this Report and Order. If Nextel fails to meet
this benchmark, for reasons that Nextel could reasonably have
avoided, the Commission will determine whether forfeitures should be
imposed and/or whether Nextel licenses, including, but not limited
to, its 1.9 GHz licenses, should be revoked.''
``Nextel shall be entitled to seek reimbursement from
MSS licensees that have entered the band for the MSS licensee's pro
rata share of Nextel's costs to clear the top thirty markets and
relocate all fixed BAS facilities, regardless of market size,
incurred during the thirty-six month reconfiguration process. Nextel
shall be required to inform the Commission and MSS licensees on
whether it will or will not seek reimbursement from MSS licensees
within twelve months after the effective date of this Report and
Order.''
7. This extension does not apply to the statutory deadlines for
filing petitions for reconsideration and for seeking judicial review of
the Order. Also, the Commission is not deferring the effective date of
the rules set forth in Appendix C of the initial Order and published
elsewhere in the Rules and Regulations section of this issue, including
the effective dates of technical standards and procedural mechanisms
adopted in the Order to abate unacceptable interference.
Federal Communications Commission.
Michael J. Wilhelm,
Chief, Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau, Federal Communications Commission.
[FR Doc. 04-25806 Filed 11-19-04; 8:45 am]
BILLING CODE 6712-01-P