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Regulatory Background
(Information is consistent with the FCC's original Report and
Order, check back with this Web site for updates as the process is
refined.)
Summary of the FCC Decision
Technical Solutions to Mitigate Interference
Affected Licensees | The
Process | Regulatory
| EWA Products | News
Contacts/General
Information
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Beginning June 27, 2005, voluntary negotiations will commence between Nextel and incumbent licensees currently utilizing channels 1-120 (851 – 854 MHz) in Wave 1 regions. The outline below provides additional detail concerning the reconfiguration process that will unfold.
- I. Nextel shuts down operations on its former General Category channels (851-854.75 MHz) and temporarily shifts its operations to its other spectrum holdings, likely 900 MHz, for the given Region.
- II. Nextel retunes licensees (except Southern LINC or secondary, mobile only systems) in geographic Wave
1, or the first cluster of regions to be retuned, operating between 851-854 MHz to their new spectrum allotments. For each of these licensees, the process should occur as follows:
- a. The Transition Administrator will notify licensees of the need for retuning. In addition, Nextel may likely contact the licensee to provide it with a retuning offer or seek a retuning estimate.
- i. 30 days prior to the start date of retuning for any Region, the Commission will issue a Public Notice commencing a 3-month voluntary negotiation period for licensees and Nextel. Negotiations could be done face-to-face or through the TA.
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ii. The Commission will issue a Public Notice announcing the date when voluntary negotiations of relocations will be concluded in the Region, and a freeze will begin (at the same time) on the filing of new applications or modification applications that would expand the contour of an incumbent licensee. The freeze will last until 30 days after the completion of the mandatory negotiations for a given Region, including areas up to 70 miles beyond the region’s border.
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iii. The 3-month voluntary negotiation period will be followed by a 3-month mandatory negotiation period. After this period, the TA would be tasked with resolving, or finding an alternative medium to resolve, the dispute.
- b.The TA must then review the estimate, asking the licensee or Nextel to revise the estimate, if necessary. The TA must ensure that the estimate does not exceed the cost of providing "comparable facilities.”
- c. If either party disputes the estimate, the TA will begin to facilitate the resolution of the dispute, acting as an intermediary between the licensee and Nextel, before sending the dispute to the Commission (if necessary) for final resolution.
- The TA may assign a replacement channel to an incumbent meeting the “comparable facilities” definition. The incumbent may not be entitled to their choice of replacement channels at this stage in the process.
- d. When neither party disputes the estimate, the TA will draw down funds from Nextel's Letter of Credit Trustee(s) within 10 days, or as an alternative, Nextel could provide contractors or the licensee with “direct payment” for work to be done.
- i. This may be the best time for the licensee to file a modification application with the FCC that would add the appropriate replacement channels onto its authorization.
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e. Within 5 business days of receipt of the request, the Letter of Credit Trustee should disburse funds to the appropriate parties (for example, the licensee or a contractor for the licensee), as directed by the TA.
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f. Reconfiguration of the system begins.
- i. After system reconfiguration and testing, the licensee will be required to modify its license to delete former channels from which it was retuned.
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g. The TA audits the expenses incurred, drawing excess funds, if necessary.
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h. The licensee begins operating on the new channel.
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III. NPSPAC licensees in Wave 1 retune to the new, and now vacated, NPSPAC block (using the process outlined in Section II above).
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a. NPSPAC licensees will not be negotiating for replacement channels, however, as the NPSPAC channel plan will simply move down 15 MHz below the existing frequencies. For example, a licensee operating on frequency 868.9875 MHz will operate on frequency 853.9875 MHz after reconfiguration. This will remain true for each licensee operating between 866-869 MHz as they retune to the 851-854 MHz block.
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IV. Regions in Wave 2 begin the processes outlined in Sections II and III above 3 months after Wave 1 commences negotiations.
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V. Regions in Wave 3 begin the processes outlined in Sections II and III above 3 months after Wave 2 commences negotiations.
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VI. Regions in Wave 4 begin the processes outlined in Sections II and III above, provided that the FCC has successfully completed an agreement with Canada and Mexico.
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VII. Nextel moves its operations below 862 MHz to the vacated, former NPSPAC channels (866-869 MHz). Nextel will shut down all operations below 862 MHz.
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VIII. Nextel would retune other systems, as necessary (using the process outlined in Section II above). For example, it may retune some public safety systems out of the Guard Band or Expansion Band, as well as those entities that voluntarily elect to retune into the Guard Band.
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Throughout this summary, we will refer only to the “high-side” of the paired frequencies. For instance, reference to the 851-862 MHz band also refers to the paired mobile transmitting band at 806-817 MHz.
CLICK HERE to see
a graphic of the new 800 MHz band plan.
Non-Cellular Portion (851-862 MHz)
NPSPAC: Only public safety systems will be eligible to operate in the 851-854 MHz band segment (new channels 1-230, 25 kHz channels spaced every 12.5 kHz). Secondary, mobile only systems on these channels, however, would not be required to retune.
PS/CII Block: Public safety agencies and critical infrastructure industry (“CII”) entities will have access to the 854-854.75 MHz band segment (new channels 231-260 spaced every 25 kHz). Existing licensees, however, may remain on these channels and will not be required to retune.
Interleaved: The interleaved portion of the band at 854.75-860 MHz (new channels 261-470 spaced every 25 kHz) will consist of public safety, Business/Industrial Land Transportation and SMR channels interleaved.
Expansion Band: The Expansion Band at 860-861 MHz (new channels 471-510 spaced every 25 kHz) will consist of
B/ILT and SMR channels interleaved. The Expansion Band may also be used to house non-Nextel ESMR systems.
No public safety system will be required to remain in or relocate to the Expansion Band, although they may elect to do so.
Guard Band: The Guard Band at 861-862 MHz (new channels 511-550 spaced every 25 kHz) will be available to any non-Nextel 800 MHz licensee. No 800 MHz licensee may be involuntarily relocated into the Guard Band. Licensees in the Guard Band will receive less interference protection than licensees operating in lower portions of the non-cellular portion of the band (See
System Requirements for an Entitlement to Protection from “Unacceptable
Interference” After Completion of reconfiguration in a Region). The Guard Band, together with the
PS/CII Block will be considered the new “General Category” pool.
Cellular architecture systems may be deployed in the non-cellular portion of the 800 MHz band so long as these systems are not considered high-density cellular systems.
Cellular Portion (862-869 MHz)
The Cellular ESMR Block at 862-869 MHz (new channels 551-830 spaced every 25 kHz) will be available to non-ESMR geographic area (“EA”) auction winners and ESMR operators. Licensees relocating to the ESMR band “may not operate non-ESMR systems.”
Southern LINC and Nextel were ordered to segment the southeastern U.S., where Southern LINC holds the majority of ESMR licenses, so that there is a specialized band plan just for that region of the country. Relocation options for ESMR and non-ESMR licensees will not be applicable to licensees in Southern LINC counties.
Border Regions
The details of the border band plans will be determined in ongoing discussions with the Mexican and Canadian governments. Until border agreements are reached, 800 MHz licenses in the border area will be conditioned on compliance with international agreements. Nextel will bear the financial responsibility for the completion of any system modifications
necessitated by any future international agreements
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In the Order, the Commission determined that a
Transition Administrator will manage the elements necessary to complete a successful reconfiguration of the 800 MHz band. The FCC noted that its “portfolio includes taking ‘the most effective actions, in the short-term and long-term, to promote robust and reliable public safety communications in the 800 MHz band to ensure the safety of life and property.’” The Commission tasked five parties, including
EWA, with creating a search committee for the transition administrator.
On October 29, 2004, the Commission endorsed the suggestion of the search committee by accepting a three organization consortium to perform the role of the TA –
BearingPoint, Inc.; Squire, Sanders & Dempsey, L.L.P.; and Baseline Telecom, Inc. The FCC noted that the TA has the authority “to retain services of others in connection with its work,” and notes “that its audit process must conform to the Generally Accepted Accounting Procedures and industry standards.”
At this time, the TA’s responsibilities include the following:
Planning/Notification:
Establish a retuning schedule and start dates on a region-by-region basis for all 55 Regions, although it may require the reconfiguration of two or more regions simultaneously;
Notify all licensees of the need for relocation, and possibly provide the incumbent licensee with replacement channels;
Finalize an EA Licensee Relocation Election
process;
Coordinate relocation with the relevant Public Safety Regional Planning Committee prior to commencing band
reconfiguration
Monitor the retuning schedule;
Coordinate with adjoining NPSPAC Regions on reports of actual interference; and
Certify that Nextel satisfied the 18-month (interim) benchmark; specifically stating whether Nextel successfully retuned all incumbents out of the first 120 channels (the new NPSPAC block) in 20 regions and has initiated retuning negotiations with all NPSPAC licensees relocating onto these channels in these regions.
Mediation:
- Act as an intermediary between incumbents and Nextel if requested to do so by either party;
- Determine what information must be supplied for a retuning agreement, if no agreement between the parties can be reached;
- Resolve disputes between Nextel and licensees on cost estimates; and
- Act as a liaison between the Commission, licensees and Nextel in disputes reaching the Commission.
Financial:
- Review cost estimates from licensees;
- Send cost estimates to Nextel;
- Draw funds from the Letter of Credit
Trustee(s);
- Provide instructions to the Letter of Credit Trustee(s) on how, or to whom, funds should be disbursed;
- Provide the Commission with a quarterly report to the Commission on approved retuning certifications, funds required and disbursed, and detailing disputes;
- Provide the Commission with an annual audited statement on funds expended, detailing certifications between Nextel and licensees, and including a detailed summary of the salary and expenses incurred by the TA;
- Collect the following auditable information from Nextel at the end of band reconfiguration to determine if Nextel must make an anti-windfall payment to the U.S. Treasury: the amount of funds Nextel spent reconfiguring its own system; the amount of funds utilized clearing 1.9 GHz incumbents, and the funds spent clearing 800 MHz licensees (including a detailed list of approved relocation certifications for every Region); and
- Estimate the cost of border relocations in the event that an international agreement is not reached prior to the end of
reconfiguration.
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The Commission has not capped Nextel’s financial obligation during this process. In fact, the Commission states that Nextel is "obligated to cover the entire cost" of
reconfiguration. The FCC emphasized that “incumbents should incur no costs for band reconfiguration, and that the sole responsibility for paying all band reconfiguration costs—including the cost of preparing the estimate, negotiating the retuning agreement, and resolving any disputes—lies with Nextel.” The Commission also noted that transactional (administrative) costs of the incumbent would be covered by Nextel, with 2 percent of the hard costs used as a guideline for determining “excessive or unreasonable” transaction costs.
In addition, to alleviate concerns that the $850 million estimate may not be enough to cover
reconfiguration, the Commission required Nextel to secure an irrevocable $2.5 billion
Letter(s) of Credit with up to ten banks that meet the Commission's approval. Furthermore, if the Transition Administrator believes that more funds will be necessary, Nextel would be required to secure additional funds through another Letter of Credit. The Letter would serve as security against default in the event Nextel fails to pay for a “direct payment” retuning agreement, and the TA may authorize funds “for any reasonable and prudent expense” to licensees or contractors, particularly public safety agencies, in advance to commence
reconfiguration.
The Commission handled Nextel's financial obligations by first determining the value of the spectrum it is set to receive at 1.9 GHz – $4.86 billion. The Commission determined that Nextel must meet this value, and allows credit toward this value through three different avenues (all of which are required): by reconfiguring its own operations (not including the construction of a 1.9 GHz system), by retuning 800 MHz and 1.9 GHz incumbents, and by the value of the spectrum it gives up at 800 MHz. (The Commission decided not to provide a valuation, or even a decision on the future use of the spectrum it has taken back at 700 MHz.)
Nextel believes it will cost $807 million to retune its own system ($407 million for projected filter costs, and $400 million for its own retuning). The relocation of 800 MHz incumbents was projected to cost $850 million and Nextel expects to pay $527 million to retune 1.9 GHz incumbents. In addition, the Commission will credit Nextel with $2.059 billion for the 4.5 MHz of spectrum it is giving up in the 800 MHz band below 862 MHz.
If all of these cost estimates were accurate, Nextel would be credited $4.243 billion. To meet the $4.86 billion value of the 1.9 MHz spectrum, therefore, Nextel would be required to pay the U.S. Treasury $617 million, as an anti-windfall payment for the remaining value of the 1.9 GHz spectrum.
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Site-base applications will continue to require frequency coordination for new stations and major modifications during the transition, as well as for applications after the transition. Applicants filing before the release of the freeze Public Notice, particularly in border regions, “should specify channels based on the band plan in effect prior to adoption of the [Order] unless the applicant files a waiver request demonstrating that the application is necessary in order to accomplish band reconfiguration.”
The Commission will institute a freeze on new 800 MHz applications, or applications that would expand the coverage area of an existing system. The freeze will take effect on a regional basis, including areas up to 70 miles beyond a regional border, and will begin when the Commission issues a Public Notice announcing the date when voluntary negotiations of relocation agreements must be concluded. The freeze will be lifted 30 days after the completion of mandatory negotiations in the Region.
The FCC, however, will not require “evidence of frequency coordination for applications for modifications of a license to channels designated by the Transition Administrator as part of band reconfiguration.” Thus, frequency coordination is not required when one submits an application to the Commission to complete an 800 MHz retuning agreement. Furthermore, the FCC will continue not to “require frequency coordination for stations associated with grandfathered geographic area licenses.”
The FCC provided three possible relocation options for ESMR licensees:
- Relocate all of their systems in a market into the ESMR portion of the band. The FCC guided the TA to commence relocations of EA licensees seeking ESMR operations on channels immediately above 862 MHz, progressing upwards, and determined that “comparable facilities” for these licensees consist of “encumbrance-free spectrum” at Nextel’s expense.
- ESMR licensees electing to relocate to the ESMR portion of the band have the option to relocate their site-based licenses along with their EA-licenses to the ESMR portion of the band. In order to transfer a site-based channel into the ESMR segment, site-based cells must be “an integral part”—requiring overlapping cells with 40
dBu/V coverage contours and “hand off” capability—of the EA licensee’s ESMR system, and will be limited to the 40
dBu/V coverage contour it provided as of November 22, 2004.
- Relocate their systems as close as possible to the ESMR portion of the band but remain in the non-cellular portion of the band, i.e. in order of preference: (a) the 861-862 MHz Guard Band; (b) the 860-861 MHz Expansion Band; and (c) channels below 860 MHz if necessary. These licensees will operate on a strict non-interference basis, subject to pre-coordination of any new or modified operations.
- Remain on their current channels in the non-cellular portion of the band, provided that these channels are not in the 851-854 MHz range, on a strict non-interference basis, subject to pre-coordination of any new or modified operations.
Non-ESMR EA licensees, whether or not they have constructed facilities, may relocate into the ESMR portion of the band, but only with the “same unencumbered area that it had” on November 22, 2004. Additional unencumbered “white area” in the EA will be available for use by Nextel only. Entities choosing this option will only be entitled to reasonable transactional costs, “such as legal and engineering fees directly related to determination of comparable spectrum,” and will not be entitled to “hardware related” expenses, including infrastructure, equipment, tower leases, etc.
Non-ESMR EA licensees in channels 1-120 that desire not to relocate to the ESMR band will be provided, at a minimum, new channels with the same unencumbered geographic area as their existing channels. “White area” created by relocations or attrition—other than an ESMR facility—will revert to the licensee. Constructed EA licensees will have their existing facilities altered at Nextel’s expense; non-constructed EA licensees will only be entitled to reasonable transactional costs, “such as legal and engineering fees directly related to determination of comparable spectrum,” and will not be entitled to “hardware related” expenses, including infrastructure, equipment, tower leases, etc.
Spectrum vacated (a) by Nextel in the non-cellular portion of the band (851-862 MHz), (b) by ESMR entities that chose to relocate to the ESMR portion of the band, with the exception of those relocating from newly designated public safety channels (c) by entities voluntarily electing to go to the Guard Band or (d) by those voluntarily leaving the 800 MHz band (i.e. in a move to the 900 MHz band) will be available as follows:
- For 3 years following the completion date of reconfiguration
in a given region, this spectrum will be available only to public safety eligibles.
- For two additional years (years 4-5), the spectrum will be available to both public safety and critical infrastructure eligibles.
- After 5 years of access following the completion date
of reconfiguration in a given region, the spectrum will become available to all non-cellular entities.
Spectrum vacated by site-based SMR licensees where another licensee holds the EA license will be available to public safety for 3 years, followed by 2 years of shared access with CII. After this time, the spectrum will revert to the EA winner. If there is no EA winner on the SMR channel, the vacated spectrum will be available for site-based licensing to SMR eligibles.
Spectrum vacated by Nextel in the Guard Band will be available to all 800 MHz licensees.
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The Commission will continue to entertain waivers, as usual, during band reconfiguration. In particular, the Commission noted that waivers for an extension of the construction period would be considered if the licensee has begun construction but must wait for the assignment of a new channel to complete the process and begin operations. To show that one has begun construction, the licensee would need to have equipment on hand, or have placed a firm order for non frequency-sensitive equipment, erected a tower, or obtained a commitment for tower space, etc.
The waiver could seek up to six months after the TA has specified a channel for construction, if that channel can be used without interference to others; if it cannot be utilized without interference, six months after the completion of band reconfiguration in the Region. In such a waiver, the licensee must show that it would have constructed if it were not for band reconfiguration. If the construction deadline has already passed, however, the licensee will face a high standard to secure a waiver. The FCC also noted that relocation of an SMR or ESMR to the ESMR band does not alter a licensee’s construction deadlines.
A licensee may also seek a waiver of its retuning obligation, if it is "unable for technical reasons or otherwise to retune according to schedule." The waiver, which also incurs a rather high burden of evidence, would be provided on a strict non-interference basis.
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During the reconfiguration process, the Commission established interim system requirements for non-cellular to secure an entitlement to interference protection. An entitlement to interference protection for such entities would be provided for those using Class A receivers meeting –85/–88 dBm signal strength thresholds for portable/mobile units. Non-Class A receivers would require an additional 5 dB intermod rejection specification; thus, Class B receivers would require –80/–83 dBm signal strength thresholds.
Public safety systems operating at a signal strength between –85/–88 dBm and –101/–104
dBm, would be entitled to interference mitigation for up to 4 control channels “such that the public safety receiver maintains a minimum
C/(I+N) ratio of 17 dB;” “Best Practices” mitigation measures would be provided for voice channels; and if cellular parties are unable to mitigate interference, all CMRS interferers would provide the public safety licensee with a report on impractical mitigation, and follow up by mitigating voice channel interference as soon as practical. Public safety licensees would have recourse through the TA, followed by relief from the Wireless Bureau, in the event of unsuccessful mediation and serious system degradation. Non-public safety systems will not be provided this additional entitlement (between –85/–88 dBm and –101/–104
dBm), but may voluntarily negotiate interference resolution procedures with the interfering party.
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A non-cellular 800 MHz system operating in the 851-861.3 MHz band must exhibit the following characteristics to be afforded an entitlement to protection from “unacceptable interference” after the completion of rebanding in a region:
Mobiles:
· -104 dBm or higher median desired signal at the R.F. input of the receiver;
· 75 dB intermodulation rejection ratio;
· 75 dB adjacent channel rejection ratio; and
· -116 dBm reference sensitivity.
Portables:
· -101 dBm or higher median desired signal at the R.F. input of the receiver;
· 70 dB intermodulation rejection ratio;
· 70 dB adjacent channel rejection ratio; and
· -116 dBm reference sensitivity.
Above 861.3 MHz, the median desired signal of the system’s mobiles and portables must increase to be afforded protection. For example, in the 861.3-861.5 MHz range, the median desired signal for portable units must be -80 dBm or higher, while increasing to -70 dBm between 861.5-861.6 MHz. Likewise, mobiles must operate at -70 dBm or higher in the 861.3-861.6 MHz range to secure protection from "unacceptable interference." Above 861.6 MHz, up to 862 MHz, a licensee's mobiles and portables must operate at -65 dBm for an entitlement to protection. Thus, systems operating in close proximity to a tower and with limited ranges may meet this criterion in the 861.3-862 MHz range. Otherwise, wider area systems should elect to remain out of the Commission's newly created Guard Band at 861-862 MHz.
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If a non-cellular licensee believes it is receiving harmful interference from an "800 MHz cellular system," the non-cellular licensee should notify all cellular (Cellular A and B band carriers) and ESMR licensees operating cellular base stations within 5,000 feet of the interference incident; indicating the specific location and times at which the interference is occurring, a description of the scope and severity of the interference, relevant licensing information, and a single point of contact to which the cellular party should respond. (Cellular and ESMR licensees will be required to create an electronic medium to receive interference notifications by March 22, 2005.)
ESMR and cellular licensees must respond to these interference notifications within 24 hours for a public safety or CII licensee, and within 48 hours for all other non-cellular licensees. An analysis and corrective action must be initiated within 48 hours for a public safety or CII licensee, and within 96 hours for all other non-cellular licensees. Furthermore, ESMR and cellular licensees must provide all necessary test apparatus and technically skilled personnel during this process.
The actual steps to resolve the interference remain flexible, so as to accommodate any interference situation, but affirmative measures proposed in the Commission's new rules include: increasing the desired power of the public safety signal or supplying the public safety licensee with interference-resistant receivers at the cost of the ESMR or cellular entity; modifying the ESMR or cellular operating frequencies, power, antenna height, or antenna system characteristics; and/or requiring filters on ESMR or cellular transmission equipment. The Commission also offers an Appendix of Enhanced Best Practices that provide additional interference abatement techniques, such as awareness of low sites with a mechanical or electrical beam tilt, filtering cumulative out-of-band interference, and careful cell site channel selections.
If short-term measures prove inadequate, the Commission requests that licensees concede to accepting interference, without compromising safety, until a longer-term remedy can be implemented. In cases where a public safety licensee determines that the interference constitutes a "clear and imminent danger to life or property," however, ESMR and cellular operators could be forced to discontinue operations until the interference has been identified and corrective measures have been applied.
Another potentially beneficial option available to public safety and CII entities is notification of the construction of new cells or the modification of existing cells from closely located ESMR and cellular licensees. The cellular parties would be required to provide such notification within 10 days of the action, and the public safety and CII entities electing to obtain this information will be held to a reciprocal obligation to inform ESMR and cellular licensees of changes to its system’s parameters. This option will not be available to
non-CII B/ILT licensees or non-Nextel SMRs.
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An "800 MHz cellular system" is defined as a "high-density system which (1) has more than five overlapping interactive sites featuring hand-off capability; and (2) any one of such sites has an antenna height of less than 100 feet above ground level with an antenna height above average terrain (HAAT) of less than 500 feet and twenty or more paired frequencies."
"Comparable facilities," according to the Commission, "provide the same level of service as the incumbent's existing facilities, with the transition to the new facilities as transparent as possible to the end user." In making this determination, the Commission will consider equivalent channel capacity, signaling capacity, baud rate and access time, coextensive geographic coverage and operational costs. Furthermore, if a significant disruption could occur as a result of the transition, Nextel would be responsible for funding the installation of a redundant system.
The "Critical Infrastructure Industry" (CII) includes entities outside the scope of the traditional public safety definition, but which operate "public safety" radio services defined as "private internal radio services used by State and local governments and non-government entities, and including emergency road services provided by not-for-profit organizations that: (i) are used to protect safety of life, health, or property; and (ii) are not made commercially available to the public."
An “ESMR” system uses “multiple, interconnected, multi-channel transmit/receive cells and
employ[s] frequency reuse to serve a larger number of subscribers than is possible using non-cellular technology.” The FCC’s Wireless Bureau has recently defined ESMR as “an alternative method to provide wireless service that is based on digital TDMA technology and operates with individual base stations.” Examples of ESMR systems include iDEN systems and Motorola’s Harmony systems.
“Good Faith Negotiations”: Licensees are expected to negotiate "in good faith" to reach an agreement on the relocation of 800 MHz incumbents. The Commission notes that factors relevant to a good-faith determination are: whether Nextel has made a bona fide offer to the incumbent to retune the incumbent to "comparable facilities;" the steps the parties have taken to determine the actual cost of relocation of "comparable facilities;" and whether either party has unreasonably withheld information, essential to the accurate estimation of relocation costs and procedures, requested by the other party. In addition, the FCC stated, “’good faith’ extends to making a counteroffer to a reasonable offer, rather than refusing an offer outright.”
“NPSPAC” spectrum is spectrum coordinated by regional public safety planning committees, and approved by the Commission, prior to use. NPSPAC stands for National Public Safety Planning Advisory Committees.
"Unacceptable interference" is defined as "any impairment to the desired signal causing the carrier to interference plus noise ratio
[C/(I+N)] of a voice receiver to drop below 20 dB" in a voice transceiver. For a non-voice transceiver, "unacceptable interference" would occur when the bit error rate
(BER) of the receiver section of the transceiver becomes higher than a value "reasonably designated by the manufacturer."
It should be noted that most of these definitions have been created for the purposes of this item only, and will not be used in conjunction with decisions on other spectrum bands.
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FCC to
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