§ 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
   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, 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 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  Chief,  Public Safety and Homeland Security Bureau, 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 the Chief, Public Safety and Homeland Security Bureau, 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;  71 FR 69038 , Nov. 29, 2006]

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