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FCC Mandated 800 Mhz Rebanding
900 Mhz Users
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To solve the ongoing nationwide interference issues that have been occurring in the 800 Mhz band since Nextel constructed their IDEN system, the FCC has adopted a band reconfiguration plan to move Nextel permanently out of the 800 mhz business band and prohibit any other cellular style architecture systems from constructing and operating below 862 Mhz.
Official FCC website for 800 Mhz Rebanding
800 Mhz Transition Administrator (TA) website
Click on the above links for more detailed information.
Rebanding FAQ's
"The following questions & answers are intended to help 900 Mhz Users. These are faq's on how the rebanding will affect you".
1. I'm a 900 MHz Licensee. Will this Order effect me?
2. What are the 900 MHz rule changes contained in the Rebanding Order?
3. Is the FCC Order final?
4. Did the FCC incorporate the 800 MHz interference protection standard at 900 MHz?
5. Is it true that Nextel is acquiring 900 MHz spectrum?
6. Will Nextel be interested in acquiring my authorization?
7. But, the FCC renewed my license. Don't I still have a valid authorization?
8. I'm ready to sell. How do I start?
9. I'm a licensee on a community repeater, along with a number of other licensees. Will Nextel still be interested in acquiring my license?
10. I've heard that there's a freeze on licensing at 900 MHz. What is that all about?
11. I need to expand or modify my 900 MHz Business or Industrial/Land Transportation radio system. How do I do that in the midst of a freeze?
12. I don't have a 900 Mhz license, but I have 900 Mhz radios that operate on a repeater system owned by a communications Company. How will this impact my communications?
1. I'm a 900 MHz Licensee. Will this Order effect me?
The FCC's 800 MHz Rebanding Order also provides for certain changes at 900 MHz. First, although the original Consensus Plan called for Nextel to give up its 900 MHz spectrum, the FCC rejected this part of the Plan. As a result, Nextel will be keeping its 900 MHz spectrum, and using it as additional capacity, particularly during the 800 MHz rebanding process, when Nextel's 800 MHz capacity will be particularly strained. The FCC has issued a Notice of Proposed Rule Making, which looks at how to license the 900 MHz Business and Industrial/Land Transportation Pools in the future. The FCC has proposed "overlay" auctions, similar to what the Commission imposed on the 800 MHz General Category frequencies.
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2. What are the 900 MHz rule changes contained in the Rebanding Order?
First, the FCC has consolidated the 900 MHz Business Radio Pool with the 900 MHz Industrial/Land Transportation Radio Pool. Going forward, this means that Business Radio Pool eligible entities will not have to file waiver requests, or use intercategory sharing, to access Industrial/Land Transportation Radio Pool frequencies. In addition, as of January 21, 2005, Business and Industrial/Land Transportation licensees are able to convert their internal-use only authorizations into commercial (i.e. SMR) authorizations. The FCC did not impose a "holding period" for licensees prior to their commercial conversion. Thus, any 900 Business or Industrial/Land Transportation licensee, regardless of how long they've held their authorization, may convert to commercial operation.
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3. Is the FCC Order final?
The Order became final on December 22, 2004, 30 days after it is published in the Federal Register. However, there were several Petitions For Reconsideration of the Order filed, and therefore certain aspects of the Order could change. Nextel accepted the Order on February 7, 2005 (and Nextel's agreement with Sprint provides that the merged company will accept all of the responsibilities of the Order). In addition, the Order is still subject to challenge in federal court. At least two SMR operators have filed such a request with the Court Of Appeals. It should also be noted that the two parties who provided the most vocal opposition to the Consensus Plan, Verizon Wireless and Cingular, have each publicly announced they will not challenge the FCC Order.
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4. Did the FCC incorporate the 800 MHz interference protection standard at 900 MHz?
No. The FCC did not elect to impose the 800 MHz interference protection standard at 900 MHz. As the 800 Mhz rebanding is implemented, Nextel will be constructing new cell sites in the 900 Mhz band, so interference to existing 900 Mhz systems is likely to occur in major urban areas. However, several entities have requested reconsideration of that part of the FCC's decision. And, the FCC's 900 MHz Notice of Proposed Rule Making on future licensing at 900 MHz does have that issue as part of the questions being asked.
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5. Is it true that Nextel is acquiring 900 MHz spectrum?
Yes, as happened at 800 mhz several years ago Nextel has indeed begun contacting some 900 MHz SMR, Business and Industrial/Land Transportation licensees, with an eye towards acquiring the licensees' authorizations. Primarily, this is occuring in the major urban areas, where Nextel is most capacity constrained.
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6. Will Nextel be interested in acquiring my authorization?
First and foremost, this will depend on what geographic area that you're located in. While you can be certain that Nextel would be interested in acquiring 900 MHz spectrum in Los Angeles, Chicago, or Phoenix they most likely would not have an interest in an authorization in Montana (where Nextel has plenty of reserve capacity). In addition, remember that your system must have been timely constructed (i.e. within one year of authorization), and the system must remain in operation in order for the license to remain valid. SMR systems that have been off the air for 90 continuous days, and Business or Industrial/Land Transportation systems that have been off the air for more than a year, no longer have valid licenses, they are considered to have been cancelled automatically, regardless of whether you have informed the FCC of your non-operational status.
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7. The FCC renewed my license. Even though I'm not constructed, don't I still have a valid authorization?
If the system has been off the air longer than the rules permit, the license is considered to have been automatically cancelled, even if the FCC doesn't know about it. You cannot assign an invalid authorization.
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8. I'm ready to sell. How do I start?
Seek a counsel that can provide a full range of legal services for the transaction, including negotiating the sale price, negotiating the contract, completing the FCC paperwork and preparing the closing documents. Please be aware, however, that Nextel is not presently acquiring 900 MHz licenses in every market, only selected markets.
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9. I'm a licensee on a community repeater, along with a number of other licensees. Will Nextel still be interested in acquiring my license?
If your license has a station class of FB4, that means that you are a licensee on a community repeater. Typically, that means that you share the system with a number of other licensees. As a result, your license will be of little value to Nextel unless the other licensees on the system sell, too. Think of your license as one apartment in an apartment building. Someone owns that building, and has you and a number of others as tenants. Nextel would only be interested in acquiring the entire building (provided its in the right geographic market), and so they will deal with the building owner.
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10. I've heard that there's a freeze on licensing at 900 MHz. What is that all about?
When it was announced that the FCC was changing its rules to permit internal use licensees to convert their authorizations to specify commercial operation, there were hundreds of applications filed for Business and Industrial/Land Transportation frequencies, supposedly for internal use (many of which were filed by Nextel). The FCC decided to impose a freeze on the filing of new 900 MHz applications, while it sorts out the various issues. The FCC has adopted a Notice of Proposed Rule Making. This document will seek comments on how Business and Industrial/Land Transportation frequencies at 900 MHz should be licensed in the future. The FCC has proposed "overlay" auctions, similar to what the FCC imposed on the 800 MHz General Category frequencies several years ago.
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11. I need to expand or modify my 900 MHz Business or Industrial/Land Transportation radio system. How do I do that in the midst of a freeze?
The FCC will readily accept applications for modifications that do not expand the operational contour of the system (address changes, assignments, etc.). In addition, the FCC has stated that it would look favorably on requests to waive the freeze where an existing system is looking to expand. The bottom line is that the applications that are really subject to the freeze are applications for new authorizations.
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12. I don't have a 900 Mhz license, but I have 900 Mhz radios that operate on a repeater system owned by a communications Company. How will this impact my communications?
The potential impact will be dependent on your operating location, basically whether you are in a urban or rural area. Rural areas will most likely be unaffected, as Nextel will not need to construct any 900 mhz cell sites to maintain their system capacity. Urban areas unfortunately could be greatly impacted, for two important reasons. (1) Nextel may purchase the licenses of existing operators, like they did at 800 mhz, and subsequently shut down the existing repeater services. (2) Construct 900 mhz cell sites that may create the same interference which has plagued the 800 mhz band for the last several years.
With no Public Safety entities operating in the 900 mhz band that could be harmed by any subsequent interference, combined with the fact that the FCC is allowing Nextel to move some of its operations into the 900 mhz band during this rebanding, it is doubtful that the FCC would take any action to remedy any complaints against Nextel's 900 mhz operations.
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