FCC Dismisses 800 MHz Rebanding Petition from Mexican Carriers
Friday, October 28, 2016 | Comments

The FCC dismissed a petition for declaratory ruling filed in July by four Mexican radio licensees operating 800 MHz trunked mobile systems. The four companies —  Comunicaciones Digitales del Norte, Radio Sistemas de Tamaulipas, Troncatel and Union Agricola Regional del Norte de Tamaulipas — asked the commission to clarify a dispute regarding U.S.-Mexico border 800 MHz rebanding.

The Mexican companies want Sprint or AT&T to pay to reband their 800 MHz licenses in the “sharing zone” along the border. The companies also asked the U.S-Mexico Task Force to spur discussions with parties responsible for compensating and assisting implementation of the Mexican licenses to comply with the Amended Protocol.

The 2012 Amended Protocol outlined spectrum sharing in the 800 MHz band along the border and was supposed to pave the way for 800 MHz reconfiguration by Mexican border region licensees.

The FCC said the petitioners failed to identify any controversy or uncertainty relating to the Communications Act, other statutes within the FCC’s jurisdiction or the commission’s rules or prior orders. Instead, petitioners’ core contention is that they have not received the compensation they claim to be entitled to under the Amended Protocol.

“To the extent that petitioners seek redress under the Amended Protocol, however, their remedy lies in Mexico, not the United States,” the FCC said in the order. “… In short, implementation of the Amended Protocol as it applies to Mexican licensees such as petitioners is a Mexican regulatory matter, over which the commission has no more authority than Mexico has over implementation of the Amended Protocol in the United States.”

The full order is here.

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