WASHINGTON-The Federal Communications Commission clarified some issues in its plan to solve public-safety interference in the 800 MHz band, but did not deal with any of the issues raised by Nextel Communications Inc.
The most substantive change the FCC made was to say that within 60 days of publication of the plan in the Federal Register, Nextel must file certain information regarding its use of the G-block. The rest of the 11-page document dealt largely with clerical errors.
The G-block filing would spell out that Nextel understands that if it begins operations in the G-block-and later if the courts rule Nextel cannot operate in the band-Nextel would not be entitled to any of the expenses it spent building out the 1.9 GHz band. This filing was part of the 256-page order released Aug. 6, but the FCC said it was unclear as to when Nextel was to file the G-block letter.
Nextel confirmed that the timing of the G-block letter was not one of the issues that it has asked be clarified before it decides whether it will accept or reject the plan. “We are glad they are moving forward,” said Leigh Horner, Nextel director of policy communications.
The FCC earlier this year adopted a plan to solve the interference problem, swap some spectrum with Nextel and have Nextel pay to move other companies off the spectrum band Nextel would receive. It has yet to be published in the Federal Register. Once it is published, Nextel has a month to say whether it will accept the plan.
However, the plan likely will be challenged, either by Verizon Wireless or an economic area 800 MHz licensee adversely impacted by the plan.
Tim Donahue, Nextel chief executive officer, said last month that Nextel believes that the issues it has been discussing with the FCC can be handled through an erratum, a clarification process that does not require more public input or a commission vote. FCC Commissioner Kathleen Abernathy is on the record saying significant changes to the plan should not be done through erratums.
“The release of this erratum (regarding the G-block letter) does not mean the FCC has made a decision on whether and how to deal with the other issues Nextel has brought to us since the release of the commission’s decision,” said an agency official.
At a panel sponsored by the Industrial Telecommunications Association, Catherine Seidel, deputy chief of the FCC’s Wireless Telecommunications Bureau, said that publication in the Federal Register should occur this month. But given the issues raised by Nextel, the FCC probably will need to issue supplemental rules.
Robert Gurss, director of legal and government affairs for the Association of Public-safety Communications Officials, said he believes 800 MHz rebanding will begin during the first half of 2005.
In the meantime, some radio dealers complained Nextel is using the 800 MHz rebanding plan as a ploy to lure customers to become Nextel customers and leave private-wireless systems. A participant in the audience from southern Florida said Nextel representatives are “going out and using fear tactics” telling his customers that they must switch to an iDEN system offered by Nextel because the radio dealer’s radios will stop working after rebanding.
Nextel vehemently denied the allegation.
“Nextel has worked with the public safety and private wireless communities. It has always been Nextel’s policy to reconfigure the band. What private wireless and public safety offer today, they will offer tomorrow. This is not a sales opportunity. It is about realigning the band to solve interference,” said Horner.
Seidel seemed surprised that such marketing tactics were occurring. “In terms of scare tactics and fear, it would seem to me that is not warranted because the order does call for comparable facilities.”
