Subject: [NEXTEL-1] 800 MHz band rivals continue to lash out at each other

From: Marcelrf <[email-masked]>
Date: Fri, 02 Apr 2004 08:43:29 -0500

April 1, 2004 from TR Dailey
--------------------
800 MHz BAND RIVALS CONTINUE
TO LASH OUT AT EACH OTHER

The war of words - and filings - is continuing in the FCC's 800 
megahertz band proceeding, with the latest submissions to the 
Commission coming from Verizon Wireless and six major public 
safety groups.

In a petition filed late yesterday, Verizon Wireless asked the FCC to 
promptly take steps to auction the 10 MHz of 1.9 gigahertz band 
spectrum that Nextel Communications, Inc., wants as part of a 
"consensus" plan to address commercial interference to public safety 
systems in the 800 MHz band.

Meanwhile, six major public safety groups fired back at letters two law 
enforcement groups sent to President Bush opposing the consensus 
plan, while Nextel responded at the FCC to a Verizon Wireless filing 
in favor of an 800 MHz band realignment that doesn't involve the 1.9 
GHz band spectrum.

In its petition, Verizon Wireless asked the FCC to promptly act to 
auction the 1910-1915 MHz and 1990-1995 MHz bands on a paired 
basis.  The carrier asked the agency to adopt the same service and 
licensing rules that apply to broadband PCS (personal communications 
service) providers.  It noted that it promised in February that it would 
participate in such an auction.

"The catalyst for acting expeditiously is obvious and straightforward," 
Verizon Wireless said.  "In the 800 MHz proceeding to address 
problems occasioned by Nextel's interference to public safety 
operations, Nextel has advanced a plan that would have the 
Commission circumvent required auction procedures, by granting 
licenses for these 1.9 GHz bands exclusively to Nextel.  This end run 
around the auction process would ignore the congressionally mandated 
mechanism used to license CMRS [commercial mobile radio service] 
spectrum, drawing the Commission into a subjective, valuation 
guessing game rather than relying on the marketplace results from 
competitive bidding."

A Nextel spokesman called the filing a"desperate attempt by Verizon 
to continue to delay a resolution to this matter."  "There is nothing
new 
that is in there," the spokesman asserted, adding that auctioning the
1.9 
GHz channels "does not solve the problem for public safety."

Under the consensus plan, Nextel would receive the 1.9 GHz band 
spectrum in exchange for frequencies it would return in the 700 MHz, 
800 MHz, and 900 MHz bands; the carrier would pay up to $850 
million to relocate public safety and private wireless incumbents.  In 
addition to Nextel, supporters of the plan include major public safety 
organizations and private wireless groups.

A draft order circulating among Commissioners calls for a realignment 
of the 800 MHz band and for Nextel to receive the 1.9 GHz band 
spectrum, according to sources, but does not involve the 700 MHz and 
900 MHz band frequencies.  Nextel would be responsible for paying 
all of the relocation costs of public safety and private wireless 
licensees and would have to pay the difference between those costs 
and the value of the 1.9 GHz band spectrum, the sources have said.  
FCC officials hope Commissioners will be able to vote on the order at 
their April 15 meeting.

Meanwhile, the six public safety groups responded today to letters sent 
to President Bush last week by the Fraternal Order of Police and the 
Federal Law Enforcement Officers Association opposing the 
consensus plan.  In a letter to FCC Chairman Michael K. Powell, the 
six groups complained that "the letters do not accurately describe 
either the consensus plan or the underlying interference problems that 
it is designed to resolve."

Signing today's letter were the presidents of the Association of Public-
Safety Communications Officials-International, the International 
Association of Chiefs of Police, the International Association of Fire 
Chiefs, the Major Cities Chiefs Association, the Major County 
Sheriffs' Association, and the National Sheriffs' Association.

The groups said the letters inaccurately asserted that the consensus 
plan required public safety agencies to pay to buy new equipment and 
then seek reimbursement from a third party.  They also disputed the 
contention that the $700 million that Nextel has pledged to pay to 
relocate public safety licensees wouldn't be enough.  They noted that 
the draft order being considered by Commissioners proposes forcing 
Nextel to pay any additional costs.  "That would provide more than 
sufficient funds to cover the cost of rebanding under any 
circumstance," the groups said.
The six groups also said that the two organizations fail to understand 
the interference problem when they say it can be addressed after 
incidences occur.  And they call "troubling" the suggestion that the 
consensus plan is a bad choice because it would spur litigation that 
could tie up for years a resolution to 800 MHz band interference.  
"While Nextel's competitors have threatened litigation, the alternatives 
pose even more significant litigation potential," they said.

In other developments, 100 letters from individuals were filed in the 
FCC's docket Tuesday in support of the consensus plan.  And the 
United Seniors Association endorsed the consensus plan in a March 25 
letter to Rep. Joe Barton (R., Texas), chairman of the House Energy 
and Commerce Committee.

http://www.tr.com/online/trd/2004/td040104/index.htm

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