Subject: [NEXTEL-1] Nextel Communications is running into potentially deal-killing static.......VZ Opposes 2.1 GHZ Too!

From: [email-masked]
Date: Wed, 21 Apr 2004 13:47:20 -0400

Well, actually the FCC has not said it will sell anything as of yet.
The FCC has the right to "Auction" the airwaves. Consent? It all depends
what you call consent

The FCC has the authority under TITLE 47, CHAPTER 5,  SUBCHAPTER III,
Part I, Sec. 309. granting application.

===========================================================================

Sec. 309. - Application for license
(a) Considerations in granting application

Subject to the provisions of this section, the
Commission shall determine, in the case of
each application filed with it to which section 308 of
this title applies, whether the public
interest, convenience, and necessity will be served by
the granting of such application, and, if
the Commission, upon examination of such application and upon
consideration of such other matters as the Commission may officially
notice, shall find that public interest, convenience, and necessity
would be served by the granting thereof, it shall grant such
application.

(j) Use of competitive bidding
(1) General authority

If, consistent with the obligations described in paragraph (6)(E),
mutually exclusive applications are accepted for any initial license or
construction permit, then, except as provided in paragraph (2), the
Commission shall grant the license or permit to a qualified applicant
through a system of competitive bidding that meets the requirements of
this subsection.

Full Text:
http://www4.law.cornell.edu/uscode/47/309.html

=================================================================================

This is reiterated  by Congressman JOHN D. DINGELL in his letter to the
FCC

"Under the Communications Act of 1934, as amended, the Commission has
several options at its disposal with respect to licensees. It can renew
a license (with or without conditions); it can deny an application to
renew; or it can revoke a license."

http://www.house.gov/commerce_democrats/press/106ltr57.htm

Some will argue that "selling" the frequencies falls under "that public
interest, convenience, and necessity would be served by the granting
thereof, it shall grant such application."

This faulted argument will be quickly dismissed according several
members of congress who are prepared for a long legal battle.

Kathy Burns wrote:

> Does anybody else see a problem with this? You as citizens of The
> United States own the radio waves! Here the Government is selling them
> to the highest bidder without your consent. There is something wrong
> with this!!!!
>
> > Nextel Communications is running into potentially
> > deal-killing static.Verizon Opposes 2.1 GHZ
> > Nextel's radio interference plan--a tough call
> >
> > By Ben Charny
> > Staff Writer, CNET News.com
> > http://news.com.com/2100-1039-5196027.html
> >
> > Story last modified April 20, 2004, 5:04 PM PDT
> >
> > A new proposal to end Nextel Communications' interference with
> police
> > radios is running into potentially deal-killing static, according to
>
> > a cell phone industry source.