Subject: [NEXTEL-1] 800 MHz Financial Mess

From: Marcel <[email-masked]>
Date: Mon, 06 Jan 2003 14:15:20 -0500

800 MHz Financial Mess

November 28, 2002 In a recent speech, Morgan O’Brien of Nextel
Communications, Inc. stated that the most the company will pay
toward 800 MHz relocation under the capitulation ...er
....”consensus” plan supported by ITA, PCIA, APCO, and other
friendly flock members, is the originally offered $500 million. That
won’t cut it. First, the relocation supported by the PWC can’t be
done for a half-a-bil. Nextel knows it. The plan pushers know it.
Motorola knows it. And, in a stroke of rare insight, the FCC knows
it.

The original Private Wireless Coalition plan was fraught with
problems from the outset, however, it did present an opportunity for
an equitable solution to interference at 800 MHz. The PWC’s plan
didn’t lose that opportunity until its members ended all resistence to
Nextel’s agenda, which agenda is not fully funded. Since neither ITA
nor PCIA nor any other PWC signatory has pledged its members’
money to finance any shortfall, the funding gap continues to be at
least one billion dollars.

Add to that problem the fact that the FCC cannot base any
decision on the non-binding promise of first monies from Nextel (a
federal agency cannot adopt rules based on private contractual
performance which the agency cannot enforce) and the difficulty
for the FCC involves more than the short-fall. It involves the entire
financing scheme put forth by the PWC.

The PWC promised that it would file additional comments with the
agency to deal with funding problems, however, those comments
have not been forthcoming. It appears that the members of the
PWC passed the hat and it came back empty; but nobody’s told the
agency yet.

The fact is, only one plan was put before the agency that would
have allowed for a relocation of 800 MHz public safety systems and
which was fully financed under statutory law, the SBT plan which
was written by our office. If that sounds self-serving, what do you
want from a weasel?

http://www.sa-lawyers.net

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