Subject: [NEXTEL-1] FCC is guilty of paralysis by analysis

From: NEXTEL-1
Date: Fri, 11 Jun 2004 15:55:35 -0400

MRT's Wavelengths 
June 11, 2004 

FCC is guilty of paralysis by analysis 

By Glenn Bischoff

Nextel Communications this week sweetened its so-called Consensus Plan
proposal to fix interference in the 800 MHz band by offering to provide
public safety with an additional 2 MHz of airwaves in the band and
pledging to start the rebanding process immediately -- without regard to
potential legal challenges -- should the plan be adopted in its current
form, which includes awarding 10 MHz of spectrum at 1.9 GHz to Nextel
(see stories below). 

[We interrupt this column for this important message: Last week,
attorney Robert Schwaninger suggested in this space that without the
additional spectrum public safety stands to gain should the Federal
Communications Commission adopt the Consensus Plan, the Association of
Public-Safety Communications Officials International would not have
thrown its support behind the proposal. APCO's Bob Gurss contacted me
this week in response and said that while receiving the additional
airwaves is very important, APCO's support of the Consensus Plan stems
more from its desire to solve the interference before it leads to the
death of a first responder or civilian, its belief that rebanding is the
only viable solution and that the Consensus Plan is the only solution
put forth to date that calls for a complete rebanding of the 800 MHz
airwaves. 

I have to side with Gurss on this one. I have had numerous conversations
with him, APCO Chairman Vinnie Stile, Harlin McEwen of the International
Association of Chiefs of Police and Charles Werner of the International
Association of Fire Chiefs, and I cannot recall an instance when any of
them ever focused on the additional spectrum. Rather, they consistently
have spoken primarily in terms of first responder and civilian safety.
Now, back to our regularly scheduled column.] 

Nextel's latest proposal is interesting, if for no other reason than it
tries to allay fears that rebanding would be put on hold for a lengthy
period should the plan's adoption be challenged in court, which is a
virtual certainty. But in the end it is little more than the latest
volley in a game that seems to have no end. It's time -- actually long
past time -- for the FCC to make a decision. Unfortunately, making
decisions isn't something that comes easily to the commission. 

This is because the FCC knows that no matter what it decides in any
given matter, it is going to get sued by somebody. So, it puts an
enormous amount of time and effort into its proceedings in the hope of
crafting orders that are "legally sustainable." The FCC analyzes,
re-analyzes and then analyzes some more; adding to the problem is that
new testimony continues to pour in while the docket remains open, which
perpetuates the analysis. The end result is that it seemingly takes
forever to resolve anything. I call it paralysis by analysis. 

Case in point: It took the FCC roughly two years to issue a preliminary
order in February 2003 regarding its rules that govern local telephone
competition. It took another six months of tinkering for the FCC to
issue the final order, which was immediately challenged in court.
Eventually a federal district court tossed all of the FCC's local phone
rules. The 800 MHz proceeding is beginning to look a lot like the local
phone competition proceeding. 

The FCC has many intelligent, dedicated and passionate people working
for it. If court challenges indeed are a fait accompli, then the best
course of action for the commission is to stop over-analyzing and just
do what it thinks is best. Then let the real games begin. 

E-mail me at gbischoff @ primediabusiness.com

MRT's Wavelengths e-newsletter 06/11/04

http://enews.primediabusiness.com/enews/mobileradiotech/mrt_bulletin/2004_june_11_6112004/view.html

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