U.S. Department of Commerce/NTIA Letter Proposing Second Amendment to the Protocol for the Allotment and Use of the 380-399.9 MHz Band for Certain Radiocommunications Services
National Telecommunications and Information Administration
Washington, D.C. 20230
Jul 3 2008
Dr. Rafael del Villar Alrich
Subsecretario de Comunicaciones
Secretaria de Comunicaciones y Transportes
Xola y Avenida Universidad
Cuerpo "C" Primer Piso
C.P. 03020 Mexico D.F.
Dear Dr. del Villar:
Pursuant to Articles IV and V of the Agreement Between the Government of the United States ofAmerica and the Government of the United Mexican States Concerning the Allocation and Use of Frequency Bands by Terrestrial Non-Broadcasting Radiocommunication Services Along the Common Border, signed at Williamsburg, Virginia on June 16, 1994 (the "Agreement"), the National Telecommunications and Information Administration of the Department of Commerce of the United States of America is the designated Administration for the United States under Article 11, paragraph 1 of the Protocol Between the Department of State of the United states of America and the Secretaria de Comunicaciones y Transportes of the United Mexican States Concerning the Allotment and Use of the 380-399.9 MHz Band for Fixed and Mobile Terrestrial Non-Broadcasting Services Along the Common Border, signed at Mexico City on July 27, 2005, as amended (the "2005 Protocol"). I am pleased to propose that the 2005 Protocol and the exchange of letters dated July 17, 2006 between NTIA and the Secretariat of Communications and Transportation, amending the 2005 Protocol, be further amended as follows:
Article IV, paragraph 3.b shall be amended to read as follows:
b. The limited temporary use permitted under the terms set forth in the prior provisions of this paragraph may continue only until the two Administrations either find and agree upon the alternative radio-frequency band for the assigned use or until January 1,201 1, whichever occurs first. If the two Administrations agree upon an alternative radio-frequency band for the assigned use for any U.S. station prior to January 1,201 1, the limited temporary use of the frequencies by that U.S. station shall end when cross-border operations are deployed and transmissions by that U.S. station begin on the alternative frequency band.
If the above-proposed amendment is acceptable to the Secretariat of Communications and Transportation, I further propose that this letter and your affirmative letter in reply shall constitute an agreement between the National Telecommunications and Information Administration of the Department of Commerce of the United States of America and the Secretariat of Communications and Transportation of the United Mexican States, which agreement shall enter into force on the date of your letter in reply.
Meredith Attwell Baker
Acting Assistant Secretary
for Communications and Information