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Request for Waiver
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Requests for Waiver of June 26, 2008 Deadline
Click here to download and review the request for waiver form
Pursuant to the FCC's 800 MHz Report and Order and the TA's Regional Prioritization Plan, the scheduled program completion
date for reconfiguration of the 800 MHz band was June 26, 2008. 800 MHz licensees whose reconfiguration activities were to extend beyond the scheduled program completion date were required
to request a waiver of the completion date from the FCC.
On January 17, 2008, the FCC released a Public Notice establishing procedures
and providing guidance regarding submission of requests for waiver of the deadline, as well as setting forth the criteria the FCC would look for when reviewing
the requests. The FCC's Public Notice stated that any "800 MHz non-border licensee that will require additional time past June 26, 2008 to complete rebanding must
request a waiver of the deadline" from the FCC's Public Safety and Homeland Security Bureau (PSHSB). Non-border licensees include Waves 1-3 licensees and those Wave
4 licensees who have received rebanding frequency proposals from the TA.
In Orders released on June 17, 2008, June 30, 2008, and July 14, 2008, the PSHSB addressed the requests
for waiver that were filed by licensees. These Orders can be viewed by clicking here.
"Supplemental" Requests for Waiver
For licensees that did not have an executed Frequency Reconfiguration Agreement (FRA) with Sprint Nextel by the applicable filing deadline (March 17, 2008 or April 15, 2008), which should
have filed an "interim" request for waiver, the PSHSB granted interim relief and directed those licensees to file a "supplemental" request for waiver by July 18, 2008 (by July 25, 2008 for
licensees addressed in the PSHSB's July 14, 2008 Order).
The "supplemental" request for waiver should provide a proposed implementation timetable, which should include the amount of additional time that the licensee estimates is
reasonably required to complete planning and negotiate its Frequency Reconfiguration Agreement and the licensee's proposed milestone dates for completion of the following implementation
activities: (1) retuning, reflashing, and/or replacement of subscriber equipment (subscriber equipment deployment); (2) retuning of base stations to the licensee's new channel assignments
and commencement of system operations on the new channels (system cutover); and (3) additional post-cutover system modifications (e.g., disposal or return of temporary or legacy equipment,
removal of pre-rebanding channels from subscriber units).
Licensees that will be filing a "supplemental" request for waiver should use the TA's "standard" request for waiver form (available below), and not the request for interim waiver form, even
if they do not yet have an executed FRA. Providing the information requested in the TA's template (available below) is generally sufficient to address the information that the FCC recommends
that licensees address in their "supplemental" request for waiver.
The FCC has encouraged licensees filing requests for waiver and "supplemental" requests for waiver to utilize the Request for Waiver template available below and to request only such time as is needed
to complete reconfiguration. Use of the template will help expedite the processing of your request for waiver and will minimize the costs associated with the request.
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Waiver Guidance for Border Area Licensees
The guidance provided by the FCC's Public Notice does not apply to those licensees who have not received frequency proposals due to their proximity to the borders with Canada or Mexico, i.e., border area
licensees. The FCC will establish separate timelines for completion of reconfiguration by border area licensees at a later date.
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Filing Procedures
Licensees may file requests for waiver and "supplemental" requests for waiver with the PSHSB via e-mail to PSHSB800@fcc.gov or pursuant to Section 1.925 of the
FCC's rules (47 C.F.R. § 1.925). Licensees should send copies of the requests to the TA (Waivers@800TA.org) and Sprint Nextel (800MHz@Sprint.com). The PSHSB will
review and rule on the requests for waiver.
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Criteria for Requests for Waiver
Licensees are advised that the FCC has stated that "[r]equests for extension will be subject to a high level of scrutiny." Licensees submitting a request
for waiver must be able "to demonstrate that they have worked diligently and in good faith to complete rebanding expeditiously, and that the amount of additional
time requested is no more than is reasonably necessary to complete the rebanding process."
A licensee that was granted a waiver until July 1, 2009, but may require additional time to complete rebanding, may seek additional time by filing a further request
for waiver prior to the expiration of the waiver. Such licensees should demonstrate their progress to date and make a showing of good cause for an extension. The PSHSB
has stated that a licensee "will be expected to demonstrate that it has worked diligently and in good faith to complete rebanding expeditiously and that the amount of
additional time requested is no more than is reasonably necessary to complete the rebanding process."
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Recommended Content of Requests for Waiver
The FCC recommends that licensees address several factors in their requests for waiver, such as system size and complexity, interoperability, and steps already taken
to complete reconfiguration implementation. Licensees should provide a proposed timetable, including the steps taken prior to the June 26th deadline and the anticipated
dates of commencement and completion of key activities (i.e., reconfiguration of subscriber units and infrastructure, system cut-over). Please review the FCC's Public Notice
for a complete description of the information to include in a request for waiver. Providing the information requested in the TA's template (available below) is generally sufficient
to address the factors that the FCC recommends that licensees address in their requests for waiver.
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Request for Waiver Templates
The TA has developed a Request for Waiver template for licensees to use to provide the information requested by the FCC's Public Notice. The FCC
recommends that licensees use this template in preparing their request for waiver or "supplemental" request for waiver.
All licensees should use the following template for preparing a request for waiver or a "supplemental" request for waiver, even if the licensee does not have an executed Frequency Reconfiguration Agreement:
| Request for Waiver and Waiver Request Information Form
| PDF
| Word
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Please use the most current version of the template as included on this webpage. If you have already submitted a request for waiver on a prior version of the template,
there is NO need to resubmit the request for waiver.
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Confidentiality
The FCC's Public Notice stated that requests for waiver will be posted on the PSHSB's website and in the licensee's Universal Licensing System (ULS) file, but that information
for which confidentiality is sought under Part 0.459 of the FCC's Rules will not be posted. The Request for Waiver template includes a provision for the licensee to seek confidential
treatment of the Waiver Request Information Form. Licensees who elect to submit requests for waiver not conforming to the TA's template should carefully consider the nature of the
information they are providing and consult Section 0.459 of the FCC's Rules (47 C.F.R. § 0.459) regarding requests for confidential treatment. A licensee's "supplemental" request for
waiver that includes a request for confidential treatment shall be given confidential treatment.
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FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT
We are seeking this information to assist us in evaluating requests for waiver of the Commission's June 2008 deadline for the completion of 800 MHz rebanding. Response to this collection
is required to retain a benefit (47 C.F.R. § 90.677). We have estimated that each response to this collection of information will take from 2 to 4 hours. Our estimate includes the time to
read the instructions, look through existing records, gather and maintain the required data, and actually complete and review the form or response. You may also seek confidential treatment
of the information submitted on this form pursuant to Section 0.459 of the Commission's Rules. If you have any comments on this burden estimate, or on how we can improve the collection and
reduce the burden it causes you, please e-mail them to pra@fcc.gov or send them to the Federal Communications Commission, AMD-PERM, Paperwork Reduction
Project (3060-1114), Washington, DC 20554. PLEASE DO NOT SEND COMPLETED WAIVER REQUESTS TO THIS ADDRESS. Remember - you are not required to respond to a collection of information
sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you
with this notice. This collection has been assigned an OMB control number of 3060-1114, which will expire on September 30, 2008.
THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.
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