Subject: [NEXTEL-1] Consensus Plan aka "SCAM PLAN"

From: [email-masked]
Date: Wed, 11 Feb 2004 14:36:16 -0500

-------- Original Message --------
From: [email-masked]
Subject: Re: Consensus Plan

Let me answer it this way.

1.  If the money "runs out", and for any reason isn't supplemented, incumbent 
licensees would not be required to move.  Note that, if this were to happen, 
it would most likely be in Wyoming or Montana (i.e. extremely rural areas), 
because it is set up to take place first in areas or greatest interference 
problems and greatest population.

2.  In that "what if" scenario, what we call "Appendix F" would apply.  
Appendix F sets forth specific interference protection rules for licensees (not 
contained in the rules today).  The legal impact would be that the offending 
licensee would be protected, and the offending licensee would need to cure.  The 
practical impact would be that Nextel would have extreme difficulty (if not 
impossibility) operating in the band in that geographic region and providing
that 
level of  required protection.  This, as a result, gives Nextel even more 
incentive to finish the job.  Thus, the answer to your second paragraph is that, 
if funding fails, interference would still be fixed.

Let me add that, while the $850 cap was necessary in the negotiations, as 
Nextel (as a public company) could not agree to an open-ended funding
commitment, 
there is nothing wrong with any licensee in the band from taking the position 
at the FCC that, like the Upper 200 retune, there should not be any cap, the 
costs are the costs (and we have encouraged licensees to individually take 
exactly that position).

3.  The answer is yes to your last paragraph, in that no public safety agency 
(or private licensee, for that matter) would be required to move UNTIL the 
ENTIRE amount of funding for that ENTIRE region's relocation are already 
available, up front, in escrow.

Hope that answers your questions.

Alan S. Tilles, Esquire
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
11921 Rockville Pike, Third Floor
Rockville, Maryland 20852
www.shulmanrogers.com

In a message dated 2/11/2004 12:15:31 PM Eastern Standard Time, 
[email-masked] writes:
I have been told on another list that the latest incarnation
of the consensus plan says that if there is no longer
any of the 850 million left, no one has to move.

Does this not mean that the interference would not
be fixed then?

Is the following statement true?

In the latest proposal before the FCC, as I understand it, no public safety
system would be required to move unless there was money in a special account
in the bank that would cover the move for all of the public safety systems
in the region.

-- 
    "NEXTEL-1 IT'S NOT JUST NEXTEL"
  Note The New address 
Subscribe to Nextel-1: http://www.groups.yahoo.com/subscribe/NEXTEL-1

  "NEXTEL2 FOR iDEN SOFTWARE DEVELOPERS"
Subscribe to Nextel2: http://www.groups.yahoo.com/subscribe/NEXTEL2

  "WIRELESS FORUM HOMELAND SECURITY GROUP"
     The Complete Resource for Wireless Homeland Security.
Subscribe to WFHSG:  http://www.groups.yahoo.com/subscribe/WFHSG

Yahoo! Groups Links

<*> To visit your group on the web, go to:
     http://groups.yahoo.com/group/NEXTEL-1/

<*> To unsubscribe from this group, send an email to:
     [email-masked]

<*> Your use of Yahoo! Groups is subject to:
     http://docs.yahoo.com/info/terms/