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September 12, 2007 – FCC Public Notice >
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September 12, 2007 - FCC Public Notice

Public Safety Licensee Requests for Extension of 36-Month Deadline

Given the wording of the Public Notice - "We clarify that public safety licensees do not need to file extension requests in order to be assured of continued funding by Sprint in the event that their rebanding activities extend past the 36-month deadline." - does a Licensee need to request an extension if its reconfiguration will not be complete by June 26, 2008?
Licensees in Waves 1-3 and non-border area Wave 4 Licensees whose reconfigurations will extend beyond the scheduled program completion date of June 26, 2008 will need to submit a waiver request to the FCC prior to that date. However, Licensees should not file waiver requests with the FCC at this time; they should focus all their efforts on completion of planning and implementation of reconfiguration. Further guidance on this issue will be available at a later date.

What does a Licensee need to show in its request for waiver?
The Public Notice sets forth the following criteria and factors that will be considered by the FCC in evaluating a request for waiver:
Requests for extension will be subject to a high level of scrutiny. Licensees will be expected 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.
Factors that will be considered in evaluating requests will include system size and complexity, degree of interoperability with other systems, and level of effort required to complete rebanding implementation.
Is it correct that a Licensee's request for waiver does not need to have been granted by the FCC in order for that Licensee to be assured of continued funding?
Yes. This assurance of continued funding, however, may not apply to a Licensee found not to have been acting in good faith.



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