Subject: [NEXTEL-1] Association of Public Safety Communications Officials (APCO)- Consensus Debate

From: [email-masked]
Date: Wed, 13 Aug 2003 17:37:25 -0400

Association of Public Safety Communications Officials (APCO)

2003 Annual Conference

<SNIP>                          Consensus Debate

In an afternoon session attended by several hundred APCO members, a panel of
experts on the Consensus Proposal debated the issues, and were sometimes pointed
in their remarks. APCO's Director of Legal and Government Affairs, Bob Gurss, kept
the debate friendly, but it was obvious there are strong feelings on both sides.

The panel consisted of Gurss, Steve Sharkey (Motorola), Dave Buchanan (network
services manager, San Bernardino County, Calif.), Jeff Sheldon (telecom attorney),
Bob Foosaner (Nextel), and Michael Wilhelm (FCC) [right to left in photo]. Gurss
began by outlining the basic proposals in the Consensus Proposal, which followed
Nextel's original proposal to reorganize the 800 MHz band to help eliminate
interference between Nextel transmitters and public safety radio systems.

The Consensus Proposal provides for the carefully coordinated reassignment of some
current 800 MHz license holders to
eliminate interleaved assignments held by commercial companies and public safety
agencies.  There is also an option to move assignments to 900 MHz, and a Nextel
request for spectrum in the 1.9 GHz band. In exchange for the new spectrum, Nextel
has promised $850 million to help pay for the costs of re-tuning radios or making
other frequency changes. [This is a simplification of the proposal... see our Web
page for detailed information.]

Naturally, there are arguments on both sides of the issue, and even alternate
proposals.

Motorola's Sharkey called the 800 MHz issue one of the most complicated wireless
issues ever tackled by the FCC. He noted that Motorola is not a signatory to any
proposal, but rather considers itself as a technical resource for all the involved
parties. Ultimately, he said, it's up to the end users to decide how the issue
should be resolved, and to file their comments with the FCC. He noted that
Motorola had researched technical solutions, and submitted a May 6th filing with
the FCC on their findings, which involved software controlled attenuators and
varactors to limits so-called intermod and out-of-band emissions.  He said the
company would incorporate the new designs in radios by the end of 2003 (at not
added cost), and provide retro-fit kits for XTS3000 and MTS2000 mode radios for
perhaps $200 each. He said that XTS2500 and XTS5000 model radios are software
controlled, and would only require a software upgrade, which the company would
provide at no charge.

Buchanan, who also chairs APCO's Spectrum Committee, said that his 800 MHz radio
system replaced a VHF system, and was put together using an FCC waiver for
non-public safety frequencies. He likened the Consensus Proposal's reorganization
to his father's hip replacement operation: "one-time pain" vs. the "on-going pain"
of the so-called "balanced" proposal. "We do it, we get over it," Buchanan said.
He said the Consensus Plan offers funding, while the balanced plan, "is balanced
on my back to pay for it." He said that it would take an agency time to make any
required frequency reassignments, but it would not take money.

Sheldon was formerly general counsel for the United Telecom Council (UTC), which
is one of several groups that have submitted a "Balanced Approach" in response to
the Consensus Proposal. From the outset, Sheldon was the odd man out on the panel.
In general, his approach was to be skeptical. He questioned virtually every aspect
of the Consensus Proposal, Nextel's motives and their promise to pay for the
reorganization.

He began by saying that he would never convince APCO to change its mind, but
wanted to inform individuals so they're informed before any plan is implemented.
He said there were too many opportunities in the plan for failure, and "no
graceful exit strategy." He asked if Nextel's money were real, and noted that the
$750 million is based on retuning only 1% of public safety radios. He said that if
that figure went up one percentage point, it would cost another $78 million. He
said the proposal has lots of conditions, and that implementation could be delayed
by delays caused by petitions for reconsideration filed with the FCC. He
continued, "How much does re-banding really buy us?" And "Is it really going to
solve the problem?" He wondered what would happen to public safety agencies if
Nextel's money runs out in mid-stream, leaving some regions converted, and others
unconverted. He said the Balanced Approach takes effect immediately, while the
Consensus Proposal could take four years to get moving, and sets up an on-going
independent review process on the progress of interference reduction. He said the
Balanced Approach creates obligations on CRMS licensees not to cause interference
in the first place. The Approach includes plans for mitigating interference that
were modeled on the Consensus Plan, he said. "The Consensus Plan is now asking
everybody to take a giant leap of faith," Sheldon said, "that all of these pieces
will come together in the right sequence, with all the money there when it's
needed." But he added, "There are a growing number of 800 MHz licensees that are
skeptical, and we think you have the right to be skeptical also."

Nextel's Foosaner, sitting at Sheldon's right shoulder, took a breath and then lit
up the room with criticism of the Balanced Approach. He said Nextel had been
working with many other entities on the interference issue since 2000. He said the
main issue is interference, followed by funding and the need for further public
safety spectrum. "One of the interesting things that you've just heard in the
presentation is a lack of any mention of those three issues," he said, referring
to Sheldon's talk. "So let's work down then, and let's try laying some facts out,
which the so-called Balanced Approach is devoid of."

In slow and measured words, he recalled the original Best Practices that were
jointly developed to reduce interference and, "try to do the right thing." He said
the fundamental problem is the "mixing of technologies," and not because of a "bad
actor." Until you separate the technologies or reband, you don't address the cause
of the interference. He said Nextel has documented 800 cases of interference, and,
"Nextel reacts to each and every one."

"And if there's anything that should be looked at in the Balance Plan it's shame
on the utilities, for signing on a plan" that doesn't require the same conditions
for Cellular A-band companies, or those operating above 869 MHz, as it requires
for Nextel. "How could you possibly submit a plan to the Commission that has one
set of inteferers treated one way, and another set treated another way?"

He turned to funding, saying, "Let's look at actual facts and research." He noted
that a number of private wireless companies came up with a $130 million estimate
for radio retuning in connection with the Consensus Proposal. He said the public
safety estimate came from a survey of 16 major cities who use 800 MHz systems,
extrapolating the cost, and then increasing that substantially to come up with
$750 million.

Foosaner said Nextel agrees with public safety's concern on funding, and that
agencies should not have to pay for the move. Interestingly, Foosaner said he
agreed with an earlier statement by Gurss that it's in Nextel's best interest to
move everyone to the new assignments, even if the $750 million is spent. "We are
going to move everybody," he said.

He turned to the technical aspects of the Balance Approach. He urged people to
have a Balanced Approach representative walk through their technical research.
"You will spend approximately 10 seconds on those discussions. It's not there," he
said. On the other hand, he said it would take 20 hours to fully cover the
technical research that backs up the Consensus Proposal.
And then Foosaner became indignant. He criticized the utilities for wanting to be
considered equally with public safety agencies, "even though the utilities are
for-profit entities." He asked, "Are they better than the railroads? The railroads
said 'No.' Are they better than petroleum? The petroleum people said 'No.' Did
they tell Congress to give them spectrum at 700 (MHz) right adjacent to you
(public safety), because they're as important as you.  Yes, they did. And they
have the audacity to be sitting here telling you to worry about the interference,
and that they're going to fix it for you." As he talked, he waved his finger in
the air like Nikita Khrushchev at the U.N.

He claimed that moving the NPSTC channels to the lower end of the 800 MHz band
removes 100% of the interference, and moving the other public safety channels
removes 98% of the interference. As for additional spectrum, the Consensus
Proposal offers a 25% increase, with a possible "kick" to 50%. "Balanced Plan,
zero," Foosaner said. "You choose."
The FCC's Wilhelm was left to break the tension by saying to Foosaner, "Why don't
you tell'em how you really feel about it?" The audience laughed, and Wilhelm then
went on to say the FCC was reviewing 11,000 pages of material submitted in
connection with the original Nextel proposal. He deadpanned, "I'm 36 years old,"--
even though he has gray hair and definitely is over 45.

Wilhelm walked a fine line in commenting on the issue--he's the FCC's point man on
the proposal, and he can't really discuss the issue itself in any detail. He did
talk about the FCC's "responsible spectrum management" requirements, and that they
would be evaluating the essentials: interference reduction, financing and the
short and long-term costs.

He recalled all the filings and paperwork on the issue, and said it's one of the
most complex issues the FCC has faced. "At some point there's going to be and end
to it, and that point is going to come pretty soon," he predicted.

http://www.dispatchmonthly.com/apco2003/
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