800 MHz Transition Administrator
Home About the TA FAQs Process Guide Site Map
Resources Reports & Metrics FCC Guidance IPS & Webinars Contacts & Requests
Guidance for the FCC’s Order and Sixth Further Notice of Proposed Rulemaking

On October 28, 2019, the Federal Communications Commission (FCC) released its Order and Sixth Further Notice of Proposed Rulemaking (Order) streamlining elements of the 800 MHz band reconfiguration program. The effective date of the Order is December 16, 2019. The Order is available here.

A licensee that has not provided a signed Completion Certification to Sprint is required by the Order to take action. The Order’s requirements immediately apply to licensees that have completed physical reconfiguration but not yet provided a Completion Certification. For those few licensees that have not yet completed physical reconfiguration, the Order’s requirements are triggered by completion of those activities..

A licensee signs a Completion Certification to confirm that it has relinquished its original 800 MHz frequencies and reconfigured its facilities to operate on replacement frequencies, that all reconfiguration work required has been satisfactorily completed, and that the licensee and Sprint have agreed on the amount paid by Sprint for such work. Sprint provides the Completion Certification to the licensee as part of a package of closing documents for the licensee’s FRA, and the licensee signs the Completion Certification as it signs the other closing documents. If a licensee has not received a Completion Certification from Sprint or is uncertain if it already provided a signed Completion Certification, it should contact the TA and Sprint by sending an email to comments@800TA.org and RebandingReconfig@sprint.com.

The Order imposes deadlines on licensees to take action. Licensees should review the FCC’s Order to determine the actions that are applicable to them and take those actions at the appropriate time. Additional information is below

Licensees that have completed physical reconfiguration

The FCC’s Order defines completion of physical reconfiguration as completing retuning of all system infrastructure and radios, commencing operations on the licensee’s assigned post-rebanding frequencies, and, when required by the Frequency Reconfiguration Agreement between Sprint and the licensee, completing a second (or subsequent) retuning of the licensee’s radios to remove the pre-rebanding channels.

A licensee that has completed physical reconfiguration, but has not provided a signed Completion Certification to Sprint is required to take one of the following actions within 20 business days of the effective date of the Order (i.e., on or before January 15, 2020, although that date is subject to change if the FCC is unexpectedly closed for any reason):

    1. If the licensee has a dispute regarding its reconfiguration, it must provide notice of such dispute to the TA and Sprint. The notice should be emailed to the TA at TAMediation@squirepb.com and to Sprint at RebandingReconfig@sprint.com. The information to include in the notice is set forth in Section 8.I(3) of the TA’s Alternative Dispute Resolution Plan, which can be found here.

    2. If the licensee does not have a dispute regarding its reconfiguration, it must submit an executed Completion Certification to Sprint.

Licensees that have not completed physical reconfiguration

A licensee that has not completed physical reconfiguration as of the effective date of the Order (December 16, 2019) is required, within 45 calendar days of completing physical reconfiguration, to take one of the following actions:

    1. The licensee must complete cost reconciliation and submit an executed Completion Certification to Sprint.

    2. f the licensee has a dispute regarding its reconfiguration, it must provide notice of such dispute to the TA. The notice should be emailed to the TA at TAMediation@squirepb.com and to Sprint at RebandingReconfig@sprint.com. The information to include in the notice is set forth in Section 8.I(3) of the TA’s Alternative Dispute Resolution Plan, which can be found here.

Licensees that have questions regarding the Order may contact the TA via email at comments@800TA.org.

Sixth Further Notice of Proposed Rulemaking

In the Sixth Further Notice of Proposed Rulemaking, the FCC requested comments on its proposals to eliminate the annual audit of the statement of rebanding program expenditures and to relieve the TA of the responsibility to review and approve amendments to licensees’ Frequency Reconfiguration Agreements with respect to cost creditability. Comments are due on or before December 16, 2019 and reply comments are due on or before December 30, 2019.

 
   © 800 MHz Transition Administrator, LLC 2019. All rights reserved