Subject: [NEXTEL-1] $8 million trooper radio may not work

From: [email-masked]
Date: Mon, 12 Apr 2004 02:49:07 -0400

$8 million trooper radio may not work

04/11/04

BRETT J. BLACKLEDGE
News staff writer

Gov. Bob Riley's administration paid a vendor more than $2 million
despite
concerns that the company's proposed radio system for state troopers
may not work.

Administration officials acknowledge the state may be throwing away
more than $2 million. But they argue they were required to pay the
contract because it was signed before Riley took office. Others have
argued the state shouldn't have to pay if the radio system can't be
developed because the necessary radio frequencies are unavailable.

The new radio system for the
Department of Public Safety
was supposed to be working
this summer, linking troopers
and local police in 27
southern counties and
expanding statewide by 2006.

But state officials are
uncertain when, or if, the
system will be up and
running. The state could have
to pay millions more than
initially expected, some
critics have argued, including
paying a consultant and
another firm to help patch
together the system.

State officials withheld payment to Motorola Inc. for months because of
concerns about the $8.3 million contract, state records show. But the
administration quickly made a $2 million payment weeks after Motorola
sent a request in May directly to finance officials, including Ben
Patterson, who was deputy finance director at the time and later joined
the lobbying firm that represented the company.

Patterson now works for Fine, Geddie & Associates, Montgomery
lobbyists hired by Motorola in 2003. The lobbying firm's political
action
committees raised $625,000 for Riley's 2002 gubernatorial campaign.

"I want you to know that I had absolutely zero, nothing to do with
paying
them," Patterson said last week. "That was not something I was
concerned about or looking at."

The state finally paid after state officials concluded there was no way
they
could withhold payment, Riley spokesman Jeff Emerson said. Riley had
ordered a thorough review of the Motorola contract, delaying payment to
the company for months.

"He tried to do the responsible thing," Emerson said.

Others argued the Riley administration could withhold payment until the
state determined that it's possible to develop the radio system.

The proposal depends on the availability of VHF radio frequencies across

the state, but those frequencies are limited and may be difficult to
obtain,
the critics argued. Without enough frequencies, troopers could
experience
gaps in radio service.

Riley warned:

Riley received a letter a month before the payment was made from one
expert who argued it was irresponsible for the state to pay Motorola for
a
radio system that may not provide what the contract requires.

"I know the Department of Public Safety is in need of a modern
communications system now, but VHF would be too problematic and
would be a dead-end solution," wrote Eric Linsley, a communications
specialists who serves as a radio frequency adviser in Alabama for the
Federal Communications Commission. "Public safety agencies should
definitely not purchase equipment prior to successfully finding and
coordinating appropriate frequencies."

The payment to Motorola was a required deposit on the project, company
spokesman Steve Gorecki said. Motorola disagrees with those who argue
the state will not be able to find the necessary frequencies for the
system,
Gorecki said.

Gorecki said he did not know if the company is required to reimburse the

state the $2 million already paid if the system can't be established. "I

think what people are dealing with is a lot of speculation. And Motorola

isn't going to get involved in that," he said.

$1.8 million more?:

Concerns about state spending on the radio contract at the public safety

agency come as officials complain about a shortage of troopers on
Alabama highways. The agency's spending on the radio contract and
other professional services has more than doubled since 1997 to $6.6
million in fiscal 2003, a greater increase in spending than the 30
percent
increase on public safety personnel during the same period, state
records
show.

The agency could be forced to spend another $1.8 million to find out if
the
Motorola system will work in Alabama, said Col. Mike Coppage, Riley's
public safety director. It's an unfortunate expense, but a necessary one

considering the radio deal Riley inherited, Coppage said.

"Basically, I think our hands were tied because there was a contract
signed by the previous administration," he said.

The administration decided to pay Motorola the first installment on the
contract because of concerns that the state could be sued and face
greater costs as a result, Coppage said. But the state won't pay the
remaining $6.3 million to Motorola if officials determine the system
won't
work, he said.

"We're trying to put the cart behind the horse," Coppage said.

The contract requires the state - not Motorola - to find the frequencies

necessary to operate the statewide radio system.

Siegelman signs:

Riley's staff urged former Gov. Don Siegelman in December 2002 not to
sign the $8.3 million public safety contract with Motorola weeks before
Siegelman left office. They urged Siegelman to hold off because of
concerns about the proposed system's ability to operate statewide.

Siegelman signed the contract anyway, arguing the project was
necessary and Riley's staff could stop it later if they wanted. Days
before
Riley took office in January 2003 and just weeks after the contract was
signed, Motorola demanded payment of more than $2 million, state
records show. But the new administration did not act immediately on the
payment request.

Linsley, the FCC's frequency adviser in Alabama, said in a recent
interview that he urged Riley not to move forward with the Motorola
contract because the state could be wasting money. "It wouldn't make
any sense for the state to buy equipment or make any payments if there
are no frequencies available," he said.

About a month after Linsley wrote Riley, state officials paid the $2
million
installment on the Motorola contract, records show. Patterson's name
was included on the request made in May 2003 that led to that payment.
But he said he never saw the request and was not involved in the
decision
to pay the company. Patterson joined the lobbying firm later that year.

"I can affirmatively and unconditionally say that I was not aware that a

payment was ever made to that company," he said.

Coppage said Patterson was in at least two meetings dealing with the
Motorola contract, but he said he's not aware of efforts by Patterson to

forward payment to the company. "Nobody was really pushing to get them
paid," Coppage said.

Coppage said he realizes the state could be out more than $2 million in
the Motorola deal. "Certainly that's a concern," he said. But he said
Riley
is forced to make good on the radio contract.

"The commitment was made when the contract was signed," Coppage
said. He believes Motorola officials will do everything they can to
ensure
their system will be used in Alabama, including helping the state
resolve
any problems with frequencies or other issues.

"They've got a very big stake in this," Coppage said. "So they're going
to
do everything they can."

Ned Butler used to chair a committee of public safety officials across
the
state that coordinated efforts to improve radio communications. Butler
said he urged the administration months ago not to move ahead with the
Motorola project until officials determine if frequencies are available.
The
state may end up paying $1.8 million to hire a company to search for
frequencies when specialists currently in state government can do it for
far
less, if not free, Butler said.

"This is not a fix. This won't do it," said Butler, who is urging Riley
to
re-establish the public safety communications committee to review this
and other radio contracts.

Coppage said his agency doesn't have the expertise required to locate
the
frequencies or to obtain help from the federal government to negotiate
access to frequencies. "These people have lobbyists and everything to do

that. We can't do that," he said.

Coppage said he is awaiting approval from Riley's office on the
consultant
contract.

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1081675006176580.xml

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