Subject: [NEXTEL-1] Subject: Nextel's 900

From: [email-masked]
Date: Mon, 07 Jun 2004 18:23:41 -0400

-------- Original Message --------
From: Robert Schwaninger <[email-masked]>
Subject:  Nextel's 900

With all due respect to the 900 MHz folks, including Bob and Cathy whom
I know both hold substantial interests, the 900 MHz SMR licensees have
taken a "wait and see" approach by and large.  Those licensees we
represent have taken the typical course of action which is, "I'll get
really involved when I start to get hurt.  Meanwhile, I'll just kinda
sit over here and maybe the problem won't get too bad for me.  Sorry
about those poor 800 MHz guys.  Glad I sold my 800 MHz channels."
Frankly, I don't really blame anyone who wants to avoid conflict.  If
you don't have a dog directly in a fight, sometimes it's better to see
what happens on somebody else's dime.  A little cold, perhaps, but
that's business.

That said, the 900 MHz licensees are also trying to figure out what way
this whole thing might go.  For example, if the Consensus Plan were
adopted as written, the analog licensees might avoid the threat of
permanent digital operations in their band.  So, maybe they think that
Nextel's plan might result in an advantage for them?  That is, (if
Nextel is to be believed) after Nextel uses the band for the purpose of
facilitating its relocation, which relocation effort is to take four
years.  But, what the heck, only four years of harmful interference?
I'm sure you 900 MHz SMR operators can weather that.  Or can you?

On another note:

Nextel's newest offer to chip in more spectrum for public safety if it
gets the 1.9 GHz spectrum is troubling for three reasons:  (1) it misses
the point.  It's about interference, not allocations.  (2)  now that
Nextel has abandoned the Consensus Plan (reminding all that any material
change in the Consensus Plan is to be interpreted as the individual
members' of the Consensus Group's withdrawal of support, by its own
terms within the Reply Comments and Supplementary Comments) the
Consensus, if it ever existed, is gone, leaving only Nextel as the
moving party in support of the new suggested allocation; and (3) doesn't
the new offer leave Nextel that much less spectrum for performing the
rebanding of the Nextel Partners, Inc. (a wholly separate company from
Nextel Communications, Inc.) systems?  How does Nextel Communications
propose to satisfy rebanding of Nextel Partners?  It ain't in the
comments filed.  And the question just got 40 channels bigger.

This group is pretty smart and fairly sophisticated when it comes to
this matter.  So, "riddle me this, batman.  If Nextel Communications
gets the 1.9 or the 2.1, yet still has to relocate Nextel Partners, then
how does it do that?"

Robert

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From: [email-masked]
Date: Mon, 7 Jun 2004 22:28:54 EDT

Robert: I will do you one better.

1. Nextel holds all of the 800 MHz EA-Licensed Spectrum in 28 EA markets;
2. Nextel Partners holds all of the 800 MHz EA-Licensed Spectrum in 29 EA     

    markets;
3. Nextel shares General Category and Lower 80 EA-Licensed Spectrum with Non-
    Nextel Control Group EA licensees in 78 EA markets; and 
4. Nextel Partners shares General Category and Lower 80 EA-Licensed Spectrum 
    with Non-Nextel Control Group EA licensees in 78 EA markets.

In #1, Nextel holds an average of 11.5 of General Category and Lower 80 
EA-Licensed Spectrum that would move into the 6 MHz of 800 MHz band spectrum in the 
new Cellular Block comprised of the former NPSPAC Channels.  Nextel's B/ILT 
Channels in a particular EA market also would move.  Assuming an average of 40 
Site-Licensed Channels converted to CMRS, Nextel would need an average 7.5 MHz 
of replacement spectrum in the 1.9 GHz band for its already-existing 800 MHz 
band spectrum.  

Here the FCC would have the authority to assign Nextel 1.9 GHz band 
frequencies comprising 7.5 MHz of such spectrum under its Section 316 modification 
authority.  Pursuant to Sections 301, 303, 316 and 309(j)(6)(E), the FCC could 
limit the eligibility to participate in the allocation of this spectrum to 
Nextel.  The FCC's authority to sell the average of 2.5 MHz of excess spectrum in 
these EA markets to Nextel would be a much closer question for a reviewing 
court.    

In #2, Nextel holds no 800 MHz band spectrum.  If Nextel Partners' spectrum 
is moving in the same way as Nextel's does in #1, as they say where I grew up. 
"this dog won't hunt."  Here Nextel Partners would need to be allocated 7.5 
MHz of 1.9 GHz band spectrum as replacement spectrum for its already-existing 
800 MHz band spectrum.  However, under Nextel's proposal the FCC would sell all 
10 MHz of 1.9 GHz band spectrum to it, rather than Nextel Partners.  

Here the Commission clearly would have no legal authority to award Nextel the 
10 MHz of 1.9 GHz band spectrum by a private sale.  

In #3, Nextel shares the 800 MHz band spectrum that would be moving.  Here 
all of the General Category and Lower 80 EA licensees would receive an 
allocation of the 6 MHz of spectrum in the new Cellular Block comprised of the former 
NPSPAC Channels and up to 8-8.5 MHz of 1.9 GHz band spectrum as replacement 
spectrum for their already-existing 800 MHz band licenses.  However, under 
Nextel's proposal the Commission would sell all 10 MHz of 1.9 GHz band spectrum to 
Nextel.  

Here the Commission clearly would have no legal authority to award Nextel 1.9 
GHz band spectrum in excess of its 800 MHz band spectrum needing to be 
replaced by a private sale.  

In #4, much like #2, the FCC would have no legal authority to award Nextel 10 
MHz of 1.9 GHz band spectrum.

For an approach that works for Nextel, Nextel Partners and all of the 
Non-Nextel Control Group EA licensees, please refer to Preferred Communication 
Systems, Inc.'s Ex Parte Presentations filed on March 2, 2004, and April 23, 2004.

P. Waugh