FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,008
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10. On March I, 20 1, Sprint filed a reply to Smartcomm's and PSI's oppositions and
commented on the Public Safety Joint Letter.2 Sprint argues that both Smartcomm and PSI lack standing
to oppose its waiver request.33 With regard to the Joint Public Safety letter, Sprint echoes the Public
Safety Parties' concern over the pace of rebanding but notes that Interleaved Band channels are available
in most regions, including some in the regions in which Sprint seeks relief, and that it stands ready to
relinquish more spectrum as public safety agencies retune to their new channel assignments."
11. On March 8, 2011, Smartcomm and PSI each filed a reply to the Sprint Reply.35 Because
Smartcomm's and PSI's replies fall outside of the scope of permissible pleadings contemplated by
Section 1.45 of the Commission's rules, we have not considered them and are dismissing them as
12. In the 2008 Vacated Spectrum Order, the Commission established a process under which
Sprint was to clear the Mid-Band in stages.3 This process was intended to balance the need to reduce the
potential for interference and increase the amount of 800 MHz spectrum available for public safety use
against the need to avoid serious disruption to Sprint's network and customers.3 In the 2010 Vacated
Spectrum Waiver Order, we lowered the threshold for Stage 2 clearing from 25 to 10 percent, thus
accelerating the availability of new channels for public safety applicants.9
13. We agree with Sprint that considerable progress has been made in rebanding.40 We note,
however, that many public safety licensees continue to require extensions of time to complete the
rebanding process.4' Thus, once again, we find ourselves balancing the need to make spectrum available
to public safety and to reduce the potential for harmful interference against the need to avoid a substantial
impact on Sprint's network and customer base. We find that Sprint's proposal satisfies our objectives and
thus grant Sprint the relief it seeks.
14. First, we affirm that the March 31, 2011 deadline established in the 2010 Vacated
Spectrum Waiver Order continues to apply in full to the 12 non-border regions in which Sprint has not
32 Reply To Oppositions To Sprint Nextel Corporation's Request For Waiver, filed Mar. 1, 2011 (Sprint Reply).
3 Sprint Reply at ii. Sprint also argued that the Commission must dismiss PSI's opposition because PSI did not
serve Sprint with a copy of its opposition as required by the Commission's rules but subsequently withdrew that
allegation. See letter dated March 10, 2011. from James B. Goldstein, Esq., Director, Spectrum Reconfiguration,
Sprint Nextel to Michael Wilhelm, Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau.
35 Reply to Sprint Nextel Corporation, filed Mar. 8, 2011 (Smartcomm Reply) and Reply, filed Mar. 8, 2011 (PSI
36 See 47 C.F.R. 1.45 (establishing rules governing a pleading cycle consisting only of petitions, oppositions, and
37 See 2008 Vacated Spectrum Order, 23 FCC Red at 15972-73 17.
38 Id. at 15970-71 i 10, 13.
39 2010 Vacated Spectrum Waiver Order, 25 FCC Red at 3274 14.
40 Sprint Petition at 2.
41 We recently granted supplemental extensions to several hundred NPSPAC licensees that require additional time to
complete rebanding. Improving Public Safety Communications in the 800 MHz Band, Supplemental Requests for
Waiver of June 26, 2008 Rebanding Deadline, WT Docket 02-55, Order, 25 FCC Red 17776 (PSHSB 2010).
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/m1/180/: accessed September 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.