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FAQs
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Requests for Waiver of June 26, 2008 Rebanding Program Deadline
What are the deadlines for filing a Request for Waiver with the FCC of the June 26, 2008 program deadline?
Licensees in Waves 1 and 2 must file requests for waiver no later than March 17, 2008. Licensees in Waves 3 and 4 must file no later than April 15, 2008.
Waiver requests may be filed after these deadlines if they are based on subsequent developments.
Is there a form that I can use to file a Request for Waiver of the June 26, 2008 program deadline?
You should use the TA's template Request for Waiver form.
The template form includes the Request for Waiver as well as the accompanying Waiver Request Information Form. The FCC recommends that licensees use this template because it will
help expedite the processing of the Request for Waiver and will minimize the costs associated with the request.
How do I know if I need to file a Request for Waiver of the June 26, 2008 program deadline?
The FCC's January 17, 2008 Public Notice stated that any 800 MHz non-border
licensee that will not complete rebanding by the June 26, 2008 program deadline must request a waiver of the deadline from the FCC's Public Safety and Homeland Security Bureau.
To determine if you need a waiver, you should assess the progress of your reconfiguration activities. If it appears that reconfiguration will not be completed by the June 26, 2008
program deadline, you should file a Request for Waiver. If you have not yet executed a Frequency Reconfiguration Agreement (FRA) with Sprint Nextel, you will most likely need to
file a Request for Waiver. Even if a licensee has an executed FRA, a waiver may still be needed.
Licensees should consider the following factors in their assessment (although there may be other factors that also indicate a waiver is needed):
- Have you engaged in discussions with Sprint Nextel regarding dates for Sprint Nextel to clear your new channels? If so, will the channels be available before June 26, 2008?
- Have you discussed your reconfiguration timeline with your vendor(s)?
- Will you and your vendor(s) be able to complete reconfiguration by June 26, 2008?
I am a Wave 4 licensee. Do I need to file a Request for Waiver?
If you are a non-border area Wave 4 licensee that has received rebanding frequency proposals from the TA but will be unable to complete reconfiguration by June 26, 2008, you must
file a Request for Waiver. Non-border area Wave 4 licensees will have either already negotiated an FRA, are currently in the planning process, in negotiations for an FRA, or in mediation.
If you are a Wave 4 licensee that has not yet received rebanding frequency proposals from the TA because of your proximity to the U.S.-Canada or U.S.-Mexico border, you do not have to file a
Request for Waiver at this time. The FCC will establish separate timelines for completing reconfiguration by border area licensees at a later date.
If I have not completed FRA negotiations with Sprint Nextel by the deadline for filing the waiver requests, what type of waiver should I request?
If you don't have an executed FRA with Sprint Nextel by the applicable deadline for filing waiver requests, you should file an Interim Request for Waiver
using the TA's template. In the Interim Request for Waiver you should state when you anticipate having an executed FRA. Subsequently, you should file a Request for Waiver that includes a proposed timetable for completing rebanding.
What does it mean to "complete" rebanding by June 26, 2008?
The FCC's Public Notice states, "Licensees that have completed physical reconfiguration of their systems by June 26, 2008 will be deemed to have met the deadline. Such licensees remain responsible after the
deadline for promptly submitting final rebanding cost documentation to Sprint and/or the TA and modifying their licenses to delete pre-rebanding channels." Completing physical reconfiguration by the program deadline
also means that the licensee is operating on its new frequencies by June 26, 2008. As noted by the FCC, licensees are permitted to conclude the administrative tasks of rebanding, including conducting the financial
reconciliation with Sprint Nextel and modifying their license records with the FCC, after the program deadline and still be considered as having timely completed reconfiguration.
If I will be close to completing reconfiguration by June 26, 2008 but not entirely finished, or if I am unsure whether I can complete reconfiguration by June 26, 2008, should I file a Request for Waiver?
If there is a possibility that you may not complete your reconfiguration by June 26, 2008, you should file a Request for Waiver out of an abundance of caution. If, after filing the Request for Waiver, you complete the reconfiguration by June 26, 2008, you should promptly inform the FCC
and withdraw your Request for Waiver.
I have agreed with Sprint Nextel on a schedule to clear my new channels that is after June 26, 2008. I have also already received a Retuning Schedule Letter (RSL) from Sprint Nextel that memorializes that agreement. Do I need to file a Request for Waiver with the FCC?
Yes. Even if you have agreed with Sprint Nextel on a channel clearing date after June 26, 2008 - either in an FRA or in a RSL - that agreement does not relieve you of your regulatory obligation to comply with the June 26, 2008 program deadline. The determinative factor on whether you
should file a Request for Waiver is whether you will complete your reconfiguration by the program deadline. Therefore, even if the channel clearing date is before June 26, 2008, but you will be unable to complete reconfiguration until after that date, you must file a Request for Waiver.
The FCC encouraged licensees who are part of a regional coordination plan or who are otherwise coordinating their rebanding efforts to file coordinated Requests for Waiver. The FCC's Public Notice stated that
coordinating licensees may designate a "lead" licensee to file a Request for Waiver on their behalf, but that each licensee that is part of the requesting group should separately provide certain information. What information do the non-lead licensees need to provide?
If, for example, you are part of a regional coordination plan or are a party to a multi-agency FRA, the "lead" agency may file a single Request for Waiver for all licensees who are part of the regional coordination effort or FRA. However, you and each non-lead licensee that is part of the regional
coordination plan must provide the information regarding its system described in the Public Notice and set forth in the TA's Waiver Request Information Form, which is part of the Request for Waiver template. Specifically, you and all non-lead licensees should complete and submit Section 1
(Licensee Information), Section 2 (System size and complexity), and Section 3 (Interoperability with other systems), as well as reference the lead licensee's Request for Waiver. (If there are special circumstances associated with your system or you propose a different timeline than the lead
agencies, this information may also be included on your Waiver Request Information Form).
I am a Wave 1 licensee that will not complete planning before the March 17, 2008 filing date to request a waiver of the program deadline. Should I file a request for extension of my planning deadline or can I request additional time for planning as part of my Request for Waiver?
You should request and justify additional planning time as part of your Interim Request for Waiver of the June 26, 2008 program completion date. In support of that request, you should include documentation that has previously been provided to the TA regarding your progress and your schedule for completion
of the planning process. The Interim Request for Waiver should also state when you anticipate having an executed FRA. Subsequently, you should file a Request for Waiver that includes a proposed timetable for completing reconfiguration.
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