Sample Waiver Language

APPENDIX Y

SAMPLE LANGUAGE FOR WAIVER OF CONSENT FROM ADJACENT REGION WHEN ADJACENT REGION IS UNFORMED Or UNRESPONSIVE

Region __ requests a waiver of Rule Section 90.527(a)(5) which requires that written consent be obtained from all adjacent 700 MHz Regional Planning Committees. Region __ is adjacent to # Regions. The Regions to which Region __ is adjacent, and the status of that Region’s 700 MHz RPC is shown in the following table:

Region # RPC Status Consent Obtained

Region # Formed Yes Region # Formed Yes Region # Unformed No

Region __ has made every reasonable effort to contact and obtain the consent of all adjacent Regions. Region __ has received consent from all adjacent 700 MHz RPCs except for Region #, which is unformed at this time.

{Select one of the following paragraphs as the existing condition of the adjacent RPC}

Region __ has contacted, ______, the 821 MHz RPC Chairperson of Region #. Region # has not yet selected a convener. Region __ has placed an Adobe Acrobat File containing its 700 MHz Regional Plan on the CAPRAD database where Region # can view it once it convenes. Region __ will also provide a copy of its Regional Plan to the convener of Region # as soon as one is appointed.

Region # has selected ______as convenor but has not yet established a date for the first meeting. Region __ has provided a copy of its Regional Plan to _(convenor)______for review after the Region has convened. {If a letter of support can be obtained from the adjacent Region’s Convenor, mention that one is attached}.

{Describe the population density of urban/surburban and rural areas along the border w/Region # and how you have allotted spectrum to that Region. For example, if both Regions split a major city, and the population is divided 70/30 between the two, that’s how the spectrum should be allotted. If the rest of the Regional border is all rural, a 50/50 split is probably the most equitable allotment.}

EXAMPLE: Region __ has followed the recommendations of the National Coordination Committee’s (NCC) Implementation Subcommittee and set aside #% of the spectrum at the Regional

National Coordination Committee Implementation Subcommittee Page # Appendix Y – Sample Language for Waiver of Consent from Adjacent Region When Adjacent Region is Unformed or Unresponsive borders based on population. That portion of Region __ that is adjacent to Region #, is extremely rural(urban) . Therefore, Region __ has set aside #% of the 700 MHz general use channels for Region #. These frequencies will be available for Region #’s use when it forms and seeks to allocate the 700 MHz band.

Region __ has obtained signed Inter-Regional Dispute Resolution Agreements from the following adjacent Regions:

{list Regions from which signed Inter-Regional Disputes have been obtained}

Because Region # is unformed, Region __ is unable to obtain a signed Inter-Regional Dispute Agreement at this time. Once Region # has formed, Region __ will contact Region #’s Chairperson to determine a mutually agreeable dispute resolution agreement.

By following the planning procedures described above, Region __ believes that Region # will have sufficient spectrum to meets its needs when it elects to commence 700 MHz Regional Planning. 700 MHz spectrum is available for immediate licensing and implementation within Region __ as soon as its Plan has been approved by the FCC.

For these reasons, Region __ asks that the FCC waive the requirements of 90.527(a)(5) (signed consent and a signed Inter-Regional Dispute Resolution Agreement) as it relates to Region #.

Respectfully submitted.

Chair, Region __ Contact Info

Region # = The Unformed Region Region __ = Region filing the Plan and requesting the waiver

National Coordination Committee Implementation Subcommittee Page # Appendix Y – Sample Language for Waiver of Consent from Adjacent Region When Adjacent Region is Unformed or Unresponsive