Subject: [NEXTEL-1] Nextel Whines About SouthernLinc's Position On The "SCAM PLAN"

From: [email-masked]
Date: Tue, 15 Jun 2004 12:14:44 -0400

Nextel Whines About SouthernLinc's Position On The "SCAM PLAN"

BY ELECTRONIC FILING
Michael Wilhelm

Wireless Telecommunications Bureau
Federal Communications Commission
445 Twelfth Street, S.W.
Washington, D.C. 20554

Re: WT Docket No. 03-66

Ex Parte Presentation

Dear Mr. Wilhelm:

This filing provides additional information to the Federal
Communications
Commission to ensure that Economic Area (“EA”) licensees, including
Nextel, are
treated comparably and fairly in 800 MHz realignment.
The Consensus Plan resolves interference to public safety and private
wireless licensees in the 800 MHz band by realigning the spectrum and
relocating incumbent licensees to provide for one block of high-site,
high-power
use (the “non-cellular block”) and a low-power, low-site block of
spectrum for
cellular uses (the “cellular block”). As this proceeding has
conclusively
demonstrated, separating non-compatible technologies into separate
blocks of
spectrum provides a radio frequency (“RF”) environment that will prevent

interference before it occurs.

The Consensus Plan provides a comprehensive definition of what is and
is not the type of system that should be relocated to the 800 MHz
cellular block.1
This definition is designed to separate the types of systems that have
the
greatest potential to cause interference to their non-compatible
neighbors in the
800 MHz band, while minimizing relocations and disruption.
As the Commission approaches a conclusion to this proceeding, certain
incumbent licensees within the 800 MHz band are attempting to use this
proceeding to dramatically improve their current spectrum holdings
(apparently at
Nextel’s expense), in a manner that will not only harm Nextel, but will
harm
consumers and public safety licensees.

I. Southern Linc is Attempting to Misuse 800 MHz Realignment
Over the course of this proceeding, Southern Linc has done little to
constructively address the problem of public safety interference.
Initially, it
questioned whether there is a CMRS – public safety interference problem
at all,
and proposed “further study” to determine the causes of and cures for
public
safety interference,2 even though these issues had been thoroughly
assessed,
analyzed, documented, affirmed, and reaffirmed in this proceeding.

Subsequently it proposed relocating all 800 MHz public safety licensees
to the
700 MHz band as a long-term solution,3 while at the same time advocating
socalled
“market-based,” technical mitigation measures to manage interference.4
Later it lined up in support of the utility-led “Balanced Approach
Plan.”5
Southern Linc’s comments on retuning its own network are continually
changing and are inconsistent. Initially in May 2002, Southern Linc
claimed that
if the FCC adopts a realignment plan, it must receive “an amount of
suitable
spectrum on the 800 MHz band at least equal to that which it currently
holds in
both number of channels and effective capacity.”6 Three months later, in
August
2002, Southern Linc argued that it should receive more spectrum to make
up for
alleged lost spectrum efficiencies, while eschewing the need for
contiguous
channels.7 One month later, it confirmed it would not need contiguous
spectrum
in realignment.8 Months later, however, Southern Linc reversed its
position,
requesting that its 800 MHz channels be retuned in their entirety to a
contiguous
block immediately adjacent to the cellular block.9 One year later,
Southern
affirmed this position, stating that it should be retuned below 861 MHz
due to the
costly nature of retuning its system above 861 MHz.

10

Now, in the final stages of this proceeding, Southern Linc appears to be

trying to take advantage of the public safety interference problem by
changing its
position yet again to promote its own interests. Southern Linc now
asserts that
every channel in its network should be retuned to the cellular channel
block
above 861 MHz on contiguous spectrum, notwithstanding its previous
comments
that contiguous channels would result in lost capacity, and that moving
above
861 MHz would cause operational difficulties, including a lack of
control
channels, and higher costs.

11

Given Southern Linc’s vastly inconsistent positions, the Commission
should look carefully at the bona fides of its arguments to assure that
it is
relocated fairly without disadvantaging other competitors.
II. Southern Linc’s System Should Not Be Wholly Relocated To the
Upper-200 Cellular Band.

Southern Linc is a competitor of Nextel (and Nextel’s affiliate Nextel
Partners) in the southeastern United States.12 Like Nextel, Southern
Linc uses
Motorola’s iDEN technology. Southern Linc, however, deploys its network
infrastructure differently than does Nextel. Southern Linc’s network is
predominantly a “high-site” network covering larger amounts of rural and
lesser-
its current capacity if it were given substantially more channels.”)
(Emphasis
added). populated territories than Nextel’s more localized commercially
driven low-site
deployment.13 In the two larger cities within its territory, Birmingham
and Atlanta,
Southern deploys a mixture of “high-sites” and “low-sites.” Even in
those two
cities, however, Southern Linc does not exclusively rely upon what the
Consensus Plan definition describes as “low-site” architecture.14 For
these
reasons, and based on Southern Linc’s stated desire to not have its
system
relocated, the Consensus Plan parties proposed that Southern Linc should

continue operating primarily in the high-site, high-power portion of the
800 MHz
band.

Given Southern Linc’s and Nextel’s respective spectrum positions in the
southeastern U.S., there is not enough spectrum to relocate Southern
Linc’s
entire system to the cellular portion of the 800 MHz band without
dramatically
impacting Nextel and its approximately 13 million customers. Attached at
Exhibit
A is a chart of cities in the southeastern U.S. and the total number of
channels
that Southern Linc and Nextel each are capable of operating in those
cities. As
this chart demonstrates, combining Southern Linc’s and Nextel’s total
spectrum
holdings does not fit within the Consensus Plan’s 320 channels (861-869
MHz)
that are designated for the low-site cellular block. Similarly, both
parties cannot
fit within the 280 channels that are designated for the “Enhanced
Consensus
Plan”, which proposes to reduce the cellular block by 2 MHz to 862-869
MHz.16
Exhibit A shows that if Southern Linc were relocated entirely to the
cellular
portion of the band and Nextel were required to surrender the spectrum
necessary to relocate the entirety of Southern Linc, Nextel would lose
significant
amounts of spectrum – all 180 of its upper-200 band channels in three
cities and
almost all of its upper-200 channels in three additional cities. Nextel
would be
utterly unable to operate its network or provide service for its
millions of
customers who live, work or travel in the southeast.

Southern Linc’s high-site network deployment is due to its need for
greater
coverage across a wider territory of the relatively less densely
populated
southeast and to meet the internal communications needs of its parent
company
utility company.

 Southern Linc’s high-site deployment, while using the same iDEN
technology as Nextel, helps explain why, for the most part, Southern
Linc has not
been identified as a major contributor to public safety interference in
its licensed
territory.

In over a dozen additional markets, including Atlanta, Nextel’s network
would be drastically impaired, as Nextel would lose at least 100
channels per
market. To make up for that significant loss in capacity and provide
comparable
service for its customers, Nextel would be forced to construct hundreds
of
additional cell sites in the southeast at a cost of hundreds of millions
of dollars in
an attempt to stretch the use of its remaining spectrum. Obviously,
being
forced to cease operations, or deploy hundreds of millions of dollars
worth of
added infrastructure in these markets alone was not part of the
balancing of
interests sought by the Consensus Parties in proposing a comprehensive
realignment of the 800 MHz band. It would be impossible for Nextel to
support
800 MHz realignment under such circumstances.

III. Southern Linc’s System is Predominantly Based on B/ILT Spectrum
– Not EA-Auctioned Spectrum

Southern Linc, as a subsidiary of the one of the nation’s largest
utility
companies, the Southern Company, aggressively acquired vast amounts of
free,
non-auctioned spectrum due to its status as a Business and
Industrial/Land
Transportation (“B/ILT”) licensee.18 As the Commission is well aware, it
has
neither auctioned B/ILT spectrum nor licensed it on a geographic-wide
area
basis. B/ILT spectrum is licensed only on a “site-specific” basis and
has different
operational rights than EA spectrum.19 Accordingly, Southern Linc’s
heavy
reliance on B/ILT spectrum, and not EA spectrum creates an importance
difference between Nextel’s and Southern Linc’s spectrum positions in
the 800
MHz band for retuning purposes.

In contrast to B/ILT spectrum, in the past five years the Commission has

held three separate auctions for 800 MHz spectrum. Licensees
participating in
those auctions arguably had an expectation that their EA block licenses
could be
used for wide-area cellular-like deployment. As a result, the Commission
is

In Atlanta alone, Nextel estimates that it would require 177 sites to
make
up for a potential loss of 105 channels to Southern Linc at an estimated
cost of
$53 million (using a conservative estimate of $300,000/site).

While Southern Linc has acquired 800 MHz spectrum at Commission
auction, Southern Linc’s Economic Area (“EA”) auctioned spectrum
holdings are
far exceeded by its site-specific B/ILT licensed holdings, as described
further
below.

While B/ILT spectrum can be used in a cellular deployment, because it is

licensed differently, there are restrictions in how that spectrum can be
used and
the extent to which it can be re-used in a given market.

apparently considering solutions in the 800 MHz realignment context to
account
for EA licensees who need to be retuned within the 800 MHz band. The
Southern Linc situation, however, demonstrates that not all holders of
EA
licensees should have their entire systems relocated to the cellular
block and that
EA spectrum that is relocated must only be relocated on a
channel-for-channel
basis based on what is clear and usable in a given market. EA licensees
must
not be permitted to exploit the public safety interference situation to
upgrade their
spectrum position.

To demonstrate this point, attached at Exhibit B is a chart comparing
Southern Linc’s spectrum holdings to Nextel’s, broken out by their
respective
site-specific SMR, site-specific B/ILT spectrum and its SMR EA-auction
authorized spectrum.20 This chart shows that the majority of Southern
Linc’s
spectrum is B/ILT non-EA spectrum – as high as 77% in a given market and

over 55% across its licensed territories.21 As a result, Southern Linc’s
spectrum
position in a realigned 800 MHz band warrants treatment that properly
accounts
for this difference.

The Commission has two potential viable alternatives to accommodate
Southern Linc in a manner that would not be harmful to either Southern
Linc or
Nextel. The optimum solution for addressing Southern Linc’s network
would be
to grandfather its entire operations below the cellular block, as
Southern Linc has
previously advocated.

Exhibit B’s demonstration of EA-auction spectrum is EA spectrum that is
clear and usable in a given EA block. It does not include channels that
are
encumbered. For example, Southern Linc owns the D Block in Augusta, GA,
which consists of 25 channels. Southern Linc, however, can only use 4 of
those
25 channels in Augusta due to incumbents on the remaining 21 channels,
including Nextel who controls 15 channels. Accordingly, in any
EA-relocation
contemplated by the Commission, Southern Linc, or any other EA licensee,
must
only receive the amount of usable EA spectrum that it has today on a
channelfor-
channel basis. Implementing realignment in this manner would prevent any

EA licensee from gaining more than it had acquired in the EA auction and
would
not unfairly penalize Nextel who already is surrendering significant
amounts of
spectrum in the 800 MHz band to make realignment possible.

 In comparison, Nextel’s B/ILT holdings in those same cities are
dramatically lower than Southern Linc’s. In Birmingham Nextel has 0
B/ILT
channels; in Montgomery 0; Mobile 1; Biloxi 2; Atlanta 4; Jacksonville
66;
Augusta 8; Savannah 3; Tallahassee 23, Dothan 0; Albany 0; Macon 2;
Columbus 1; Chattanooga 1, Huntsville 0; Tupelo 0, Jackson 0, Pensacola
0.
22 Of course, in those markets where Southern Linc owns and operates an
Upper-200 20 channel A block license, such as in Birmingham or
Montgomery,

Alternatively, as explained in Nextel’s recent ex parte submission of
June
8, 2004,23 the Commission could choose to relocate all non-Nextel EA
licensee
spectrum, including Southern Linc’s EA spectrum, to the 861-862 MHz
portion of
the 800 MHz band, immediately adjacent to the cellular block at 862
MHz.24 The
40 contiguous channels between 861-862 MHz would be sufficient to cover
much
of Southern Linc’s clear, unencumbered EA spectrum today in most of its
markets.25 Southern Linc’s non-EA channels can remain below 861 MHz.
Either alternative keeps Southern Linc, other non-Nextel EA licensees
and
Nextel whole, does not punish any party or its customers, and still
provides for
interference protection for public safety and private wireless
licensees.
Pursuant to section 1.1206(b)(2) of the Commission’s rules, 47 C.F.R. §
1.1206(b)(2), this letter is being filed electronically for inclusion in
the public
record of the above-referenced proceeding.

Sincerely,
/s/ James B. Goldstein
James B. Goldstein
Senior Attorney – Government Affairs
Nextel Communications

its spectrum should begin at the upper edge of the Upper-200 A block and
work
downwards. Nextel sees no reason why Southern Linc should not be
permitted
to “straddle” the dividing line between the non-cellular and cellular
spectrum
blocks to account for its unique spectrum situation. To the extent
Southern Linc
is grandfathered below the cellular block, however, its licensed
spectrum
between 851-854 MHz would still be required to relocate to make room for
the
new-NPSPAC operations.

23 See Letter from Robert S. Foosaner, Nextel, to Marlene H. Dortch, FCC

Secretary (June 8, 2004).

24 This approach would work for almost all 800 MHz EA licensees, taking
into account their clear and usable EA spectrum and not including their
sitespecific
SMR and site-specific B/ILT spectrum.

25 In those markets where Southern Linc’s clear EA spectrum exceeds the
40 channels between 861-862 MHz (such as in Montgomery, Alabama), the
Commission could direct Nextel and Southern Linc to arrange a mutually
satisfactory arrangement to account for their two systems.

Exhibit A - Combined Spectrum Totals of Southern Linc and Nextel and
Inability to Fit Within Cellular Block
City
Southern Linc
Total
Channels
Nextel Total
Channels
Total
Combined
Total Available
Under Consensus
Plan (861- 869
MHz)
Total Available
Enhanced
Consensus Plan
(862-869 MHz)
Birmingham, AL 218* 297 515 320 280
Montgomery, AL 204* 312 516 320 280
Mobile, AL 202* 276 478 320 280
Biloxi, MS 177* 307 484 320 280
Pensacola, FL 167* 301 468 320 280
Huntsville, AL 147* 341 488 320 280
Columbus, GA 133 366 499 320 280
Macon, GA 131 353 484 320 280
Dothan, AL 123 360 483 320 280
Albany, GA 119 387 506 320 280
Chattanooga, TN 105 374 479 320 280
Tallahassee, FL 105 354 459 320 280
Atlanta, GA 105 301 406 320 280
Tupelo, MS 102* 371 473 320 280
Savannah, GA 100 339 439 320 280
Jackson, MS 95 358 453 320 280
Augusta, GA 90 366 456 320 280
Jacksonville, FL 40 432 472 320 280
* Includes Southern LInc's existing 20-channel A Block license in the
Upper-200 Band
Exhibit B
Comparison of Southern Linc's and Nextel's EA and B/ILT Spectrum
Positions
Cities
Total
Southern
Channels
Amount of
Southern
Channels that
are B/ILT
% of SoCo
spectrum that
is B/ILT
spectrum
Amount of
Southern
Channels that
Are Clear,
Usable EA
Channels
% of SoCo
spectrum that is
Clear, Usable EA
spectrum
Number of Site-
Specific SMR
Channels on non-
SoCo owned EA
Licenses
Birmingham, AL 218 89 41% 120 55% 9
Montgomery, AL 204 90 44% 103 50% 11
Mobile, AL 202 72 37% 119 59% 11
Biloxi, MS 177 83 47% 84 47% 10
Pensacola, FL 167 82 49% 68 41% 17
Huntsville, AL 147 81 55% 57 39% 9
Columbus, GA 133 81 61% 41 31% 11
Macon, GA 131 87 66% 39 30% 5
Dothan, AL 123 96 78% 25 20% 2
Albany, GA 119 91 76% 21 18% 7
Chattanooga, TN 105 81 77% 19 18% 5
Tallahassee, FL 105 68 65% 31 30% 6
Atlanta, GA 105 45 43% 45 43% 15
Tupelo, MS 102 53 52% 49 48% 0
Savannah, GA 100 68 68% 25 25% 7
Jackson, MS 95 45 47% 37 39% 13
Augusta, GA 90 40 44% 44 49% 6
Jacksonville, FL 40 15 38% 19 48% 6
Cities
Total Nextel
Channels
Amount of
Nextel
Channels that
are B/ILT
% of Nextel
spectrum that
is B/ILT
spectrum
Amount of Nextel
Channels that
Are Clear,
Usable EA
Channels
% of Nextel
spectrum that is
Clear, Usable EA
spectrum
Number of Site-
Specific SMR
Channels on non-
Nextel owned EA
Licenses
Birmingham, AL 297 0 0 246 83% 51
Montgomery, AL 312 0 0 288 92% 24
Mobile, AL 276 1 <1% 241 87% 34
Biloxi, MS 307 2 <1% 256 83% 49
Pensacola, FL 301 0 0 263 87% 38
Huntsville, AL 341 0 0 303 89% 38
Columbus, GA 366 1 <1% 306 84% 59
Macon, GA 353 2 <1% 286 81% 65
Dothan, AL 360 0 0 292 81% 68
Albany, GA 387 0 0 324 84% 63
Chattanooga, TN 374 1 <1% 317 85% 56
Tallahassee, FL 354 23 6% 289 82% 42
Atlanta, GA 301 4 1% 273 90% 24
Tupelo, MS 371 0 0 305 82% 66
Savannah, GA 339 3 <1% 290 86% 46
Jackson, MS 358 0 0 326 91% 32
Augusta, GA 366 8 2% 306 84% 52
Jacksonville, FL 432 66 15% 327 76% 39
Red denotes that Southern Linc is the EA license holder and the number
is the "clear", usable channel count for
that EA. Other channels within its own EA licenses are unencumbered.
Blue represents Nextel's Spectrum.

http://svartifoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6516213417