Goto Section: 90.675 | 90.677 | Table of Contents
Revised as of November 19, 2020
Goto Year:2020 |
§ 90.676 Transition administrator for reconfiguration of the 806-824/851-869
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
(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
(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, Public Safety and Homeland Security Bureau, 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
(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 Chief, Public Safety and Homeland Security Bureau,
(2) Coordinate with adjoining NPSPAC Regions to ensure that
interference is not being caused to their existing facilities from
(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
(5) Facilitate resolution of disputes by mediation; or referral of the
parties to alternative dispute resolution services as described in
(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
[ 69 FR 67849 , Nov. 22, 2004, as amended at 70 FR 6760 , Feb. 8, 2005; 70 FR 76711 , Dec. 28, 2005; 71 FR 69038 , Nov. 29, 2006; 85 FR 38091 , June
Goto Section: 90.675 | 90.677
Goto Year: 2020 |
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