WASHINGTON-The 800 MHz rebanding process has entered the alternative dispute resolution phase-a hybrid process established by the Federal Communications Commission to ensure that the retuning effort doesn’t drag out past the three-year timeframe.
The ADR process has been helpful for some of the licensees in reaching an agreement with Sprint Nextel Corp., said Joseph Markowski, chief mediator for the 800 MHz Transition Administrator.
“Some people need structure to negotiate,” Markowski told RCR Wireless News last week. “The mediators’ objective is to figure out what the issues are.”
Sprint Nextel is paying to retune public safety and private-wireless licensees in the 800 MHz band as part of an effort to stop interference between Sprint Nextel’s 800 MHz frequencies and other channels. As part of the deal, Sprint Nextel is giving up 700 MHz and some 800 MHz channels in return for 10 megahertz of spectrum at 1.9 GHz.
The number of companies negotiating in the ADR process is hazy. Sprint Nextel set the number at 66, but then said there were about 100 unfinished agreements for Wave 1. Wave 1 markets include Chicago, the northeastern United States, Northern California, Nevada, Oregon, Utah and Colorado. Sprint Nextel must negotiate an agreement with each licensee, which must then be approved by the TA.
The TA did not release the exact number of companies negotiating in the ADR but noted, “we consider anything not sent to us by Dec. 26 to have entered the ADR process.”
The TA told the FCC in November that it had received frequency retuning agreements covering 383 channels; there are 870 channels in Wave 1. The discrepancy in the numbers is due to one negotiation often covering several call signs since a licensee often has several channels.
Sprint Nextel said the prospect of going to ADR has prodded some of the licensees to reach agreements with the carrier. “I think that there were some that were headed there that actually reached agreement,” said Lawrence Krevor, Sprint Nextel’s government affairs vice president of spectrum.
The goal of the ADR process is to come up with a frequency retuning agreement for each call sign. Markowski said the ADR process is a blend of mediation and arbitration, making it a bit complicated. “It is not pure mediation, which is voluntary. It is not pure arbitration because in arbitration the arbitrator has to issue a decision, and in this case that doesn’t happen,” he said.
People negotiating under the ADR have until Feb. 8 to reach a deal. If not, the ADR mediator-there are 22 including Markowski-is expected to send a recommendation for each negotiation to the public-safety and critical-infrastructure division of the FCC’s Wireless Telecommunications Bureau. The division then can accept the recommended resolution or make changes to it.
Industry will get some update as to how the ADR process is going on Feb. 10, when the TA files its quarterly report with the FCC. “At a minimum the quarterly report to be filed on Feb. 10 would include the number of frequency retuning agreements that have been finalized,” said Markowski.
The FCC did not set out any timeline for its public-safety division to rule on the recommended resolution so the process could stall again.
Sprint Nextel said it considers the ADR process to be just another step in its rebanding efforts. “It will create precedent. It will create some standards,” said Krevor.
The recently merged wireless carrier said it has devoted more than 100 people, including outside consultants and lawyers, to the rebanding effort. Sprint Nextel itself is using outside counsel to represent the carrier during the ADR process. In the end, rebanding and other reimbursed costs-including a $2 billion credit for spectrum it is giving up-will be deducted from the $4.86 billion Sprint Nextel owes the government for getting the 1.9 GHz spectrum.
