TITLE 47 - TELECOMMUNICATION

CHAPTER I - FEDERAL COMMUNICATIONS COMMISSION

SUBCHAPTER D - SAFETY AND SPECIAL RADIO SERVICES

PART 90 - PRIVATE LAND MOBILE RADIO SERVICES

subpart s - REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES IN THE 806 - 824, 851 - 869, 896 - 901, AND 935 - 940 MHZ BANDS

90.676 - Transition administrator for reconfiguration of the 806824/851869 MHz band in order to separate cellular systems from non - cellular systems.

The Transition Administrator will be an independent party with no financial interest in any 800 MHz licensee; and will be selected by a committee representative of 800 MHz licensees. The Transition Administrator will serve both a ministerial role and a function similar to a special master in a judicial proceeding.

  (a) The duties of the Transition Administrator will include, but not be limited to: (1) Obtaining estimates from licensees regarding the cost of reconfiguring their systems and ensuring that estimates contain a firm work schedule. The Transition Administrator will retain copies of all estimates and make them available to the Commission on request.

  (2) Mediating disputes regarding cost estimates for reconfiguring a system.

  (3) Issuing the Draw Certificate to authorize and instruct the Letter of Credit Trustee to draw down on the Letter of Credit to pay relocation costs in connection with reconfiguring a licensee's system.

  (4) Establishing a relocation schedule on a NPSPAC region-by-region basis, prioritizing the regions on the basis of population. However, should a given region be encountering unusually severe amounts of unacceptable interference, that region may be moved up in priority. Any party disputing such a change in priority may refer the matter to the Chief of the Public Safety and Critical Infrastructure Division, who hereby is delegated the authority to resolve such disputes. The Transition Administrator may direct that adjoining regions be reconfigured simultaneously when conditions so require.

  (5) The Transition Administrator will coordinate relocation of a NPSPAC Region's NPSPAC channels with the relevant Regional Planning Committee(s) prior to commencing band reconfiguration in a NPSPAC Region.

  (b) Once band reconfiguration commences in a given NPSPAC Region, the Transition Administrator will; (1) Monitor the retuning schedule and resolve any schedule delays or refer same to the Public Safety and Critical Infrastructure Division for resolution; (2) Coordinate with adjoining NPSPAC Regions to ensure that interference is not being caused to their existing facilities from relocated stations; (3) Provide quarterly progress reports to the Commission in such detail as the Commission may require and include, with such reports, certifications by Nextel and the relevant licensees that relocation has been completed and that both parties agree on the amount received from the letter of credit proceeds in connection with relocation of the licensees' facilities. The report shall include description of any disputes that have arisen and the manner in which they were resolved.

These quarterly reports need not be audited. The Transition Administrator may select the dates for filing the quarterly progress reports; (4) Provide to the Public Safety and Critical Infrastructure Division with an annual audited statement of relocation funds expended to date, including salaries and expenses of Transition Administrator. The Transition Administrator may select the date for filing the annual audited statement; (5) Facilitate resolution of disputes by mediation; or referral of the parties to alternative dispute resolution services as described in 90.677(d).

  (6) Notify the Commission when band reconfiguration is complete in each 800 MHz NPSPAC Region and identify which vacant channels are exclusively available to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories as set forth in 90.615(a), (b) and 90.617(g), (h).

  (c) The Transition Administrator may not serve as the repository of funds used in band reconfiguration, excepting such sums as Nextel may pay for the Transition Administrator's services. Moreover, the Transition Administrator will not be certified by the Commission as a frequency coordinator.

[69 FR 67849, Nov. 22, 2004, as amended at 70 FR 6760, Feb. 8, 2005; 70 FR 76711, Dec. 28, 2005]