WASHINGTON-Verizon Wireless said the Federal Communications Commission should reband the 800 MHz band to solve public-safety interference problems without awarding Nextel Communications Inc. spectrum in the 1.9 GHz band and it can make Nextel pay for the rebanding.
“The FCC may require Nextel to bear the costs of relocating incumbent public-safety licensees, since Nextel would displace them from their spectrum and occupy for its own use. The commission has ordered similar measures a number of times in the past, and this policy has been sustained by the D.C. Circuit. The FCC’s authority to order Nextel to pay these relocation costs is enhanced by the agency’s special statutory duties to protect the needs of public-safety licensees. Finally, the FCC lawfully may require that Nextel assume the relocation costs of business and industrial users, since they would be moved as a direct result of Nextel’s relocation of the public-safety licensees,” reads a law justification prepared for Verizon Wireless.
The argument for rebanding the 800 MHz band without including the 1.9 GHz band is not new, said Verizon Wireless, reminding the FCC that several parties had suggested “In-Band Realignment” as a contrast to the Consensus Plan in 2002.
“The Consensus Plan and In-Band Realignment would both provide the same benefit to public-safety. The Consensus Plan, however, also grants a huge, unlawful windfall to a single private entity. In-Band Realignment, by contrast, would make the government and the American public winners instead of losers,” said Verizon Wireless.
Verizon Wireless’ letter came on the same day as a letter from 23 members of the House Commerce Committee also arguing against Nextel receiving any spectrum in the 1.9 GHz band.
Nextel was quick to respond to all of the shots from Verizon.
“Contrary to Verizon Wireless’ specious and unfounded claims, the Consensus Plan is a carefully considered proposal that has been developed by and represents the needs of the public-safety licensees that operate in the 800 MHz band, including police, fire, emergency services and others,” said Nextel. “For more than two years, CTIA including its Bell-monopoly affiliated wireless members, have indulged in bullying tactics and spent millions of dollars lobbying to derail the Consensus Plan. They have pursued this agenda while offering no alternative to solve public safety radio interference and steadfastly working to divert attention from their own well-documented contributions to the problems of public-safety interference. The failure to address this issue puts lives in danger every single day.”
