WASHINGTON-Nextel Communications Inc. Thursday said it would take too long and would not survive a legal challenge for the Federal Communications Commission to seriously consider giving it spectrum in the 2.1 GHz band instead of the 1.9 GHz band as part of a plan to solve public-safety interference in the 800 MHz band.
“The FCC lacks a sufficient record regarding the valuation of the 2.1 GHz spectrum, the cost of clearing incumbents and deploying a commercial mobile radio services network from this spectrum, and the risk of interference from operations in this band,” said Robert Foosaner, Nextel senior vice president and chief regulatory officer. “There is consequently a significant risk that the commission’s 800 MHz realignment plan would be overturned on appeal if it assigned the 2.1 GHz spectrum as replacement spectrum for Nextel. This would only frustrate the FCC’s goal of expeditiously remedying CMRS/public-safety interference in the 800 MHz band.”
The FCC began considering giving Nextel spectrum in the 2.1 GHz band-something Nextel had originally proposed-after an outcry ensued when it became known that the FCC was planning on adopting significant portions of the Consensus Plan.
“The record contains no discussion of the technical, legal, economic and policy issues surrounding substituting 2.1 GHz channels (2020-2025/2170-2175 MHz) for 1.9 GHz spectrum as part of the spectrum swap necessary to implement 800 MHz realignment,” said Nextel. “Further delay would benefit only those who seek to derail for their own economic interests the FCC’s only solution to the public-safety interference problem.”
Also Thursday, the public-safety members of the Consensus Plan coalition-the Association of Public-safety Communications Officials, the National Sheriffs’ Association, the International Association of Chiefs of Police and the International Association of Fire Chiefs-urged the FCC to adopt rules to solve the interference problem.
“We urge the FCC to reject 11th-hour efforts to derail adoption of the key elements of the Consensus Plan. We cannot afford for this critical public-safety issue to be dragged any further into a slugfest between giant competitors. Regulatory paralysis is not an option. Unless the commission takes action now, the interference problem will continue without a comprehensive solution in sight, and sooner or later, a first responder will be injured or killed because they failed to receive a critical radio message or were unable to call for help in a dangerous situation. Reliance on ‘best practices’ and after-the-fact interference mitigation is simply inadequate to protect our first responders,” said the organizations.
The FCC staff recommendation reportedly closely tracks with the Consensus Plan developed by some public-safety advocacy groups, private-wireless entities and Nextel. The staff recommendation would require Nextel to pay perhaps billions more than the $850 million it said it would pay as part of the rebanding agreement. Nextel would pay all of the relocation costs plus the difference between that amount and “fair-market value” of 10 megahertz of spectrum it seeks in the 1.9 GHz band. This recommendation was delivered to the commissioners March 9. The FCC had hoped to vote on the rules at its April 15 meeting, but it was pulled from the agenda at the last minute.
The Consensus Plan would shuffle the 800 MHz band to eliminate the current situation where public safety, private wireless, Nextel, other SMRs and cellular carriers are intermingled. In exchange for giving up spectrum in the 700 MHz, 800 MHz and 900 MHz bands and for paying to retune public safety and private wireless, Nextel has asked for 10 megahertz in the 1.9 GHz band. The staff proposal reportedly does not require Nextel to relinquish its 700 MHz and 900 MHz spectrum.
On the other side is the Balanced Approach Plan supported by the Cellular Telecommunications & Internet Association and the United Telecom Council. The Balanced Approach Plan calls for timely resolution of interference at the expense of the interferer, coupled with technical rules, notification and coordination procedures to prevent new interference.
