Unless this has changed:
· As part of band reconfiguration, we require Nextel to relinquish all of its 800 MHz band spectrum holdings below 817 MHz/862 MHz. This will result in an additional average of 4.5 megahertz of 800 MHz band spectrum becoming available to the public safety community, particularly in the major markets where the shortage of public safety spectrum is most acute.
· We require band reconfiguration to be completed through a phased transition process within thirty-six months of release of a Public Notice announcing the start date of reconfiguration in the first NPSPAC region. We provide for an independent Transition Administrator to oversee the band reconfiguration process.
· We assign financial responsibility to Nextel for the full cost of relocation of all 800 MHz band public safety systems and other 800 MHz band incumbents to their new spectrum assignments with comparable facilities, i.e., systems with comparable technological and operational capability. We adopt financial, licensing, and administrative safeguards to ensure completion of band reconfiguration regardless of Nextel’s financial condition.
· To ensure that Nextel is treated equitably but does not realize an undue windfall, we condition the grant of 1.9 GHz band spectrum rights to Nextel on its meeting the obligations imposed by this Report and Order, and on its payment to the U.S. Treasury of any difference between the value of the 1.9 GHz band spectrum rights, the value of spectrum rights relinquished by Nextel, and Nextel’s costs incurred in reconfiguring the 800 MHz band and clearing the 1.9 GHz band.
· Under the rules adopted in this Order, desired signals from systems operating in the 806-816 MHz/851-861 MHz band segment that equal or exceed the threshold are entitled to protection from unacceptable interference as defined above. Non-cellular systems operating from 816-817 MHz/861-862 MHz in the Guard Band are also provided interference protection, but to a lesser degree.
· We reject Nextel’s proposed relinquishment of 900 MHz spectrum as part of the Consensus Parties’ proposal, but allow 900 MHz band Private Land Mobile Radio (PLMR) service licensees to initiate CMRS operations on their currently authorized spectrum or to assign their authorizations to others for CMRS use.
· No public safety licensee will be required to operate in the 815-816 MHz/860-861 MHz Expansion Band. Any public safety system currently located in the Expansion Band will be relocated to spectrum below the Expansion Band unless it exercises its option to remain in the Expansion Band.
. Nextel proposes that, as compensation for its relinquishment of some of its spectrum rights in the 700, 800 and 900 MHz bands and its commitment to pay 800 MHz band incumbent relocation costs, it should receive a nationwide license for ten megahertz of spectrum in the 1.9 GHz band. We conclude that it is in the public interest to compensate Nextel for the surrendered spectrum rights and costs it incurs as a result of band reconfiguration. By facilitating band reconfiguration, giving up spectrum rights, and bearing the financial burden of the relocation process for all affected incumbents, Nextel will play a critical role in solving the 800 MHz band public safety interference problem.
. Accordingly, by means of a Fifth Report and Order in ET Docket No. 00-258 we designate two paired five megahertz blocks in the 1910-1915 MHz and 1990-1995 MHz bands for the provision of new services, including AWS, which we make available to Nextel as part of the public safety rebanding approach described above. In addition, we adopt a Fourth Memorandum Opinion and Order in ET Docket No. 95-15 to provide for clearing of incumbents from this spectrum.
. At the conclusion of the thirty-six month band reconfiguration process specified herein, but no later than six months thereafter, the following financial reconciliation will be made:
· Nextel will be allotted a $1.607 billion credit for relinquishing rights to an average of 4.5 megahertz of spectrum in the 800 MHz band.
· Nextel will provide the Transition Administrator an accounting of the funds spent:
§ to reconfigure its own systems in the 800 MHz band; and
§ to clear the 1.9 GHz band of incumbents and to reimburse UTAM.
· Nextel will also provide the Transition Administrator an accounting of the funds received as reimbursement for clearing the 1.9 GHz band.
· The Transition Administrator shall provide an accounting of the funds spent to reconfigure the systems of incumbent operators in the 800 MHz band, including its own salary and expenses. This accounting shall include certifications from each relocated licensee that all necessary reconfiguration work has been completed and that Nextel and said licensee agree on the sum paid for such work.
This says nothing of ANYONE leaving the deignated Public Safety Trunking Band of 866 and above.... just the expansion band of 860-861.....
According to this, the lower band will now have more openings for PS usage,.. so future TRS can be put into that band not just the upper 866 band.... this also opens 700 for PS Usage.
