Subject: [NEXTEL-1] CTIA On The Revised "SCAM PLAN"

From: NEXTEL-1
Date: Sat, 12 Jun 2004 06:37:20 -0400

June 9, 2004
Ms. Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, SW
12th Street Lobby, TW-A325
Washington, D.C. 20554
Re: Ex Parte Presentation

WT Dockets 02-55

Dear Ms. Dortch:

As CTIA has stated repeatedly in this proceeding, our goal is to address
the interference concerns of Public Safety. With that in mind, on April
29, 2004, CTIA offered a compromise solution that provided significant
additional benefits to Public Safety over the “Consensus Plan.” It
proposed an almost four-factor increase in funding for Public Safety
relocation. It provided additional certainty to ensure that costs truly
were covered, and it provided incentives for completing full, nationwide
relocation in a timely manner. These proposals all addressed specific
concerns in the record and advanced the proceeding toward an equitable,
sustainable solution.

Nextel’s recent offer of an additional 2 MHz of spectrum for Public
Safety does not address any specific concerns raised by Public Safety.1
It does, however, raise some additional questions:

• Nextel modifies its proposal to add 2 MHz of spectrum in the 800 MHz
band for Public Safety use, but seems to be simultaneously rescinding
its prior offer of 4 MHz in the 900 MHz band. Is that the result, and
what is the net benefit?

• How will “interoperability” be enhanced, as suggested by Nextel, when
no funds are provided in the “Consensus Plan” for necessary equipment
upgrades?

• Nextel states that this proposal will “increas[e] the frequency
separation between the cellular and non-cellular blocks.” Based on
CTIA’s reading of the ex parte, Nextel is proposing to surrender the
816-817 MHz and the 861-862 MHz bands, which are immediately adjacent to
Nextel’s spectrum. If our interpretation is correct, wouldn’t this new
spectrum be subject to the same type of interference that this
proceeding is attempting to minimize?

• Nextel is seeking to offset the money it will expend to address
interference in the 800 MHz band. Will each Cellular operator in the
band be able to request such offsets from the Commission based on the
money spent to mitigate interference? 1400 16th Street, NW Suite 600
Washington, DC 20036 Main 202.785.0081 Fax 202.785.0721 www.ctia.org 1
See Nextel letter to Marlene Dortch, Secretary, Federal Communications
Commission, WT Docket
02-55, June 4, 2004.

• Nextel is seeking to offset the “relocation of all BAS licenses.” Is
it necessary to relocate all BAS licenses for this proceeding? Further,
Nextel likely can expect cost-sharing compensation from other future
licensees of the existing BAS band.

• According to Nextel, 4.5 MHz of non-contiguous, non-nationwide 800 MHz
spectrum that is proposes to give up is worth approximately $2.6
billion, while 10 MHz of contiguous, nationwide 1.9 GHz spectrum is only
worth $3.5 billion. How can this be?

• Nextel has stated that it needs the 1.9 GHz spectrum it seeks as part
of the “Consensus Plan” immediately “so it can begin taking the numerous
steps necessary to make this spectrum useable and ensure that the
realignment process does not unduly disrupt service to its customers.”2
If the relocation situation if constrained to the point that it could
impact service to its customers, how can Nextel afford to give up an
additional 2 MHz of spectrum in the 800 MHz band?

• Nextel has not addressed the many benefits that were stated in the
CTIA Compromise Plan. In particular, Nextel has failed to address the
many concerns voiced in the record about the insufficiency of funding
for rebanding of Public Safety. These costs are likely to be closer to
$3 billion than the $850 million offered by Nextel. Shouldn’t Nextel be
required to pay for all rebanding necessitated by adoption of its
“Consensus Plan”?

CTIA believes that the Commission needs to adopt a solution that is more
beneficial to Public Safety, while being legally and operationally
sustainable. CTIA offered such a plan on April 29. We urge the
Commission to expeditiously move forward.
Sincerely,

Brian Kidney

Chief Operating Officer

cc: Chairman Michael Powell Sam Feder
Commissioner Kathleen Abernathy Barry Ohlson
Commissioner Michael Copps John Muleta
Commissioner Kevin Martin John Rogovin
Commissioner Jonathan Adelstein Ed Thomas
Bryan Tramont
Sheryl Wilkerson
Jennifer Manner
Paul Margie

2 See Nextel letter to Marlene Dortch, Secretary, Federal Communications
Commission, WT Docket 02-55, May 14, 2004.
http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6516213161

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