FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,007
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considerable rebanding progress across the country as a whole, progress has varied significantly in some
NPSPAC regions." Sprint specifically notes that, in 15 of the 21 regions in which we previously
extended the deadline until March 2011, public safety rebanding has not reached the 10 percent
completion benchmark that triggers release of additional Interleaved Band channels under the process
established in the 2010 Vacated Spectrum Waiver Order.22 Sprint also states that, in many regions, Sprint
is precluded from transitioning its operations to the old NPSPAC channels because these channels
continue to be heavily occupied by public safety licensees that have not yet completed rebanding.2
Sprint states that relinquishing its Interleaved Band channels in all 15 regions would result in its losing
significant channel capacity.24 However, Sprint seeks waiver relief in only nine NPSPAC regions,
arguing that strict enforcement of the March 31, 2011 deadline would not accelerate rebanding in these
regions but could subject Sprint's customers to service degradation or dropped calls.25
8. On February 22, 2011, Smartcomm, LLC (Smartcomm) and Preferred Spectrum
Investments, LLC (PSI) filed oppositions to the Sprint Petition.2' Both parties assert they have standing
to oppose the waiver request because they are "potential competitors" of Sprint." Both parties argue that
the Commission should deny the waiver request and force Sprint to fulfill its obligations under the
previous orders issued in this docket.2s
9. On February 25, 2011, the Association of Public Safety Communications Officials
International (APCO), the International Association of Fire Chiefs (IAFC), and the International
Association of Chiefs of Police (IACP) (collectively, Public Safety Parties) filed a letter expressing
concern with the potential delay in clearing spectrum in the nine NPSPAC regions in which Sprint seeks
relief.29 The Public Safety Parties urge the Commission to take appropriate steps to expedite the release
of all Interleaved Band channels in all non-border areas and ask that, if the Commission grants relief to
Sprint, it afford similar flexibility to public safety entities seeking early access to interleaved channels.3o
Specifically, the Public Safety Parties argue that the Commission should afford relief to those public
safety applicants that can demonstrate an immediate need for 800 MHz channels, the lack of reasonable
alternatives, and the full support of the relevant regional planning committees.3
21 Sprint Petition at 3.
'2 Id. at 3-4.
23 Id at 4.
26 Opposition of Smartcomm, L.C. to Sprint Nextel Corporation's Request for Waiver of its Obligation to
Relinquish Channels in the 800 MHz Interleaved, Expansion and Guard Bands, filed Feb. 22, 2011 (Smartcomm
Opposition); Opposition to Request for Waiver, filed Feb. 22, 2011 (PSI Opposition).
'7 Smartcomm Opposition at 5: PSI Opposition at 4. Smartcomm argues in the alternative that, if the Commission
does not agree that it has standing, it should treat its filing as an informal objection. Smartcomm Opposition at 5-6.
28 Smartcomm Opposition at 1-2; PSI Opposition at I.
29 Letter from Robert M. Gurss, Director, Legal & Government Affairs, APCO International; Harlin R. McEwen.
Chairman, IACP Communications & Technology Committee; and Alan Caldwell, Senior Advisor, Government
Relations, International Association of Fire Chiefs, to Marlene H. Dortch, Secretary, Federal Communications
Commission, February 25, 2011 (Public Safety Joint Letter).
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/m1/179/: accessed October 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.