In response to questions received from public safety licensees about the “T-Band” provisions of The Middle Class Tax Relief and Job Creation Act of 2012, the FCC has created a fact sheet to assist licensees with future requirements for this spectrum band. In addition to answering common questions, the document includes the relevant section of the Act for reference. EWA recommends T-Band licensees (public safety and B/ILT) review this document. Examples of the questions and answers in the FCC’s FAQ sheet include the following:
Q: Does the Act require public safety T-Band incumbents to relocate out of the T-Band by the 9-year deadline specified in Section 6103(a)?
A: No. The Act requires that within 9 years of the Act’s enactment, i.e., by February 22, 2021, the FCC must take certain steps to begin the auction and relocation process, but public safety incumbents are not required to relocate at that time. Specifically, by the 9-year deadline, the FCC must “reallocate” T-Band public safety spectrum and “begin a system of competitive bidding.”
EWA Note: The FCC response does not speak to B/ILT incumbents, but this answer would have to be equally applicable to B/ILT and commercial licensees.
Q: When is the deadline for public safety T-Band incumbents to relocate from the T-Band spectrum?
A: The Act states that “[r]elocation shall be completed not later than 2 years after the date on which the system of competitive bidding … is completed.” Therefore, the exact timing of the relocation deadline will depend on when the T-Band competitive bidding process concludes.
EWA Note: Of course, if replacement spectrum is not identified that is both comparable and in sufficient quantity in the eleven T-Band markets to accommodate the graceful relocation of both public safety and B/ILT licensees, then there is no predicting a date certain regardless of the outcome of any auction. And who can say that the auctions will generate sufficient funding to pay for the relocation of all incumbents. There is a reason why this proceeding has languished for five years … it’s a mess.