Rules To Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band

In this document, the Commission sets forth the construction requirements that the Commission will impose on incumbent 800 MHz Specialized Mobile Radio (SMR) commercial licensees operating wide area systems that include Business and Industrial/Land Transportation (BI/ LT) channels obtained prior to 1995 through inter-category sharing. This action is taken in light of the Commission's Memorandum Opinion and Order on Remand (Remand Order) and the appellate court decision, Fresno Mobile Radio, Inc. v. FCC (Fresno). We will allow incumbent wide-area 800 MHz SMR licensees using BI/LT channels an analogous construction period as we allowed eligible licensees of the Remand Order provided that such eligible licensees satisfy the conditions described herein and provide the requisite certification to the Commission.