Subject: [NEXTEL-1] Cinergy's Continued Opposition to Nextel's "Scam Plan"

From: [email-masked]
Date: Fri, 13 Jun 2003 19:52:44 -0400

Cinergy's Continued Opposition to Nextel's "Scam Plan"

Marlene H. Dortch, Esq.
Secretary
Federal Communications Commission
445 Twelfth Street, S.W.
Washington, D.C. 20554
Re: Notice of Ex Parte Meeting: Improving Public Safety Communications in the
800 MHz Band, WT Docket No. 02-55

Dear Ms. Dortch:

Pursuant to Section 1.1206(b)(2) of the Commission's Rules, this is to notify you
that
John Procario, Vice President and Chief Operating Officer of Cinergy Services,
Inc., Gary
Caldwell, General Manager of Information Technology for Cinergy Corp., Grant
Powell,
Manager, Network and Telecom Services, for Cinergy Corp., Edward Cunningham,
Technology
Engineer, Network and Telecom Services, for Cinergy Corp., and Shirley Fujimoto
and Jeffrey
Sheldon, counsel to Cinergy Corp., met yesterday with Bryan Tramont, of Chairman
Powell's
office, and Trey Hanbury, of the Office of General Counsel, to discuss the issues
in the abovereferenced
docket.

We discussed the positions advanced by Cinergy its written comments and reply
comments in this proceeding. Cinergy noted that it is an energy utility serving
approximately 1.5
million electric customers and 500,000 gas customers in portions of Ohio, Indiana,
and
Kentucky. As previously reported in its comments in this proceeding, Cinergy
operates two
distinct radio systems at 800 MHz: a conventional system supporting its utility
operations in
Indiana and a trunked system supporting its Ohio and Kentucky operations. These
systems
collectively consist of 87 base stations serving more than 2,300 mobile units.
Cinergy explained
that its 800 MHz system is used to provide mission-critical communications
necessary to protect
safety of life, health, and property, but that Cinergy also uses commercial mobile
radio services,
where available, for administrative communications.

Cinergy noted its opposition to Nextel's "Consensus Plan" due to the severe
disruption
that would be created by the complex rebanding process, which would further
complicate a
previously planned upgrade of Cinergy's radio system. Cinergy also described its
concern with
Nextel's proposal to relocate utility licensees from 851-854 MHz to a "guard band"
at 859-861
MHz where they would be subject to increased potential for interference from
Nextel's
operations and with only minimal regulatory protections from such interference.
Moreover,
because of Consensus Parties' proposal to "freeze" Business/ILT licensing in the
800 MHz band,
such licensees would be prohibited from improving coverage or adding additional
repeater sites
to overcome interference for at least 7-9 years after commencement of the
rebanding process.

As discussed in Cinergy's Supplemental Comments, filed February 10, 2003 (at pp.
10-12), Cinergy
recommends that if a guard band is adopted it should be located in the "cellular"
portion of the
band, as was done in the 700 MHz band. Cinergy also opposes Nextel's proposal to
prohibit
"cellularized" operations below 861 MHz due to the impact this could have on
Cinergy's ability
to deploy advanced technologies in its radio system upgrade.

Cinergy reiterated its support for the "Balanced Approach" filed by the 800 MHz
User
Coalition on May 29, 2003, because it offers the opportunity for immediate,
pro-active measures
to mitigate interference at far less cost and disruption.

Pursuant to the Commission's Rules, one copy of this notice is being filed
electronically
with the Commission. If there are any questions concerning this matter, please let
me know.

Very truly yours,
/s/ Shirley S. Fujimoto
Shirley S. Fujimoto
cc: Bryan Tramont
Trey Hanbury

http://svartifoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6514182698

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