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FCC Establishes New 800 MHz Rebanding Benchmarks

The FCC determined that Sprint did not meet the interim 18-month rebanding benchmark established by prior orders, and established additional benchmarks to ensure that the rebanding process proceeds expeditiously.

The Federal Communications Commission (FCC) today adopted a Memorandum Opinion and Order (order) and a companion public notice to expedite the 800 MHz rebanding process. Today's actions, said the FCC, reaffirm its commitment to providing the public safety community with the communications tools they need to respond appropriately to emergencies and save lives.

In today's order, the FCC determined that Sprint did not meet the interim 18-month rebanding benchmark established by prior orders, and established additional benchmarks to ensure that the rebanding process proceeds expeditiously. The Order also requires Sprint to complete clearing of all Channel 1-120 incumbents in non-border areas, other than Sprint and SouthernLINC, by December 26, 2007. In addition, Sprint must clear its own Channel 1-120 facilities, and those of SouthernLINC, within 90 days of a request by a public safety licensee to use those channels. For any public safety request made on or after January 1, 2008, Sprint will be required to clear the necessary spectrum within 60 days of the request.

The FCC also affirmed that at the end of the 36-month transition period on June 26, 2008, Sprint must vacate its remaining spectrum in Channels 1-120, as well as other portions of the 800 MHz band that are to be made available to public safety in accordance with prior FCC orders. Under limited circumstances, Sprint may petition to remain on Channel 1-120 channels.

Finally, the Order granted requests by six National Public Safety Planning Advisory Committee (NPSPAC) licensees in Georgia and Pennsylvania for additional time through March 2009 to complete rebanding because of their close proximity to incumbent analog broadcasters using TV Channel 69. The FCC allowed the petitioners to postpone their base station infrastructure retuning until after these broadcasters have vacated the spectrum as part of the nationwide digital television transition.

In the companion Public Notice adopted today, the FCC set forth new procedures and guidance to expedite the rebanding process for all parties involved, including public safety, Sprint, equipment vendors, and the 800 MHz transition administrator.