FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,005
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after the completion of rebanding in each public safety region and would be exclusively available to
public safety and critical infrastructure industry (ClI) eligibles for the following two years.7 The vacated
channels in the Expansion Band and Guard Band, however, were not exclusively reserved for public
safety and CII applicants and will be made available for licensing under their pre-rebanding pool
categories at a future date.8
3. In the 800 MtHz 3rd MO&O, the Commission affirmed that Sprint was required to vacate
the Mid-Band in non-border NPSPAC regions by the end of the 36-month rebanding transition period,
i.e., by June 26, 2008, regardless of whether other elements of the rebanding transition were complete.'
Sprint appealed the 800 MHz 3rd MO&O to the United States Court of Appeals for the District of
Columbia Circuit, contending that it was not required to vacate the Mid-Band in any NPSPAC region
until all public safety licensees in the region had completed rebanding, even if the completion of
rebanding took longer than 36 months. On May 2, 2008, the Court upheld the Commission's decision in
4. On June 17, 2008, Sprint filed a petition for relief, requesting that the Commission
authorize it to relinquish its non-border spectrum holdings in the Mid-Band in stages based on the region-
by-region progress made by public safety licensees in retuning their systems from the old NPSPAC band
(821-824/866-869 MHz) to the new NPSPAC band (806-809/851-854 MHz)." On October 30, 2008, the
Commission granted Sprint's request in part.12 The Commission ordered Sprint to relinquish Mid-Band
spectrum in the following stages, tied to the progress towards completion of rebanding achieved by 800
MHz NPSPAC licensees in each NPSPAC region:
* Stage I: Channels in the 809-809.5/854-854.5 MHz block to be made available in each
* Stae 2: Channels in the 809.5-810.5/854.5-855.5 MHz block to be made available in each
region when 25% of old NPSPAC channels are clear in the region.
7 Id at 15052 152.
s Id at 15051-52 151. In order to consolidate public safety spectrum in the lower portion of the 800 MHz band,
the Commission reclassified 12 Public Safety channels in the Expansion Band as SMR channels and reclassified 12
SMR channels in the Interleaved Band as Public Safety channels. Id at 15053 155.
9 Improving Public Safety Communications in the 800 MHz Band, WT Docket No. 02-55, Third Memorandum
Opinion and Order. 22 FCC Rcd 17209, 17217 28 (2007) (800 M-H= 3rd MO&O). The 800 MH- 3rd MO&O
deferred consideration of Sprint's spectrum-clearing obligations in border areas to a later date. Id. at 17216-17 25
'o Sprint Nextel Corp. v. FCC, 524 F.3d 253 (D.C. Cir. 2008).
" Petition for Relief, filed by Sprint Nextel Corporation, June 17, 2008.
12 Improving Public Safety Communications in the 800 MHz Band, Relinquishment by Sprint Nextel of Channels in
the Interleaved, Expansion, and Guard Bands, WT Docket No. 02-55, Order, 23 FCC Rcd 15966 (2008) (2008
Vacated Spectrum Order).
13 Stage 1 channels were vacated and made available for licensing to public safety in early 2009. See Public Safety
and Homeland Security Bureau Announces Application and Licensing Procedures for Channels Relinquished by
Sprint Nextel Corporation in the 809-809.5/854-854.5 MHz Band, Public Notice, 23 FCC Red 18343 (PSHSB
2008). Since then, additional channels from Stage 2 and subsequent stages have been made available for licensing to
public safety in some regions. See Public Safety and Homeland Security Bureau Announces Application and
Licensing Procedures for Channels Relinquished by Sprint Nextel Corporation in the 809-809.5/854-854.5 MHz
Band, Public Noice, 24 FCC Red 13236 (PSHSB 2009).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/177/: accessed February 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.