An Internet message posted by the private-radio advocate group SMR WON last month was in keeping with its hard-nosed, grassroots campaign to oppose any auctioning of occupied spectrum in the 800 MHz range and to uphold the rights of “small business incumbents who established and built this industry” over “wide-area operators” who it thinks may want to run it all.
“We have aggressively opposed the auction of occupied, incumbent spectrum,” the Louisiana-based association submitted.
SMR WON told operators that a petition for reconsideration regarding a Federal Communications Commission proposal to auction 800 MHz specialized mobile radio spectrum would “be necessary to force the joint evaluation of 800 MHz licensing*…*We are not yet finished with the 800 MHz proceeding.” However, no such petition was filed, and the deadline has passed.
The background: SMR WON-in a consensus agreement with the American Mobile Telecommunications Association and Nextel Inc.-had been lobbying the FCC to rethink its proposal to institute competitive bidding in the 800 MHz band. The consensus agreement would allow existing SMR and private-radio licensees to enter into full-market settlements in the lower 80 SMR channels and the General Category channels already constructed and operating.
According to Alicia Clemens, SMR WON’s executive director, the group decided to forego a petition for reconsideration for financial reasons: “We’re a small organization, and we didn’t want to incur more legal expenses.” Aside from that, she said “others” had covered the pertinent issues in their petitions for reconsideration, and that SMR WON would rely on that already submitted paperwork.
There also could be another reason why SMR WON decided not to pursue a petition. Apparently, there have been some promising talks that have taken place between SMR WON members and such large enhanced SMR carriers as Nextel that could be the testbed for the proposed consensus strictures.
“We are committed to getting spectrum into the hands of entrepreneurs,” said SMR WON Chairman Rick Hafla of Teton Communications in Idaho Falls, Idaho. “We are working with Nextel on this. It’s an opportunity to test the validity of the consensus.”
While admitting upfront that “we are at odds with Nextel” philosophically, Hafla said that if both can move their businesses ahead by trading spectrum instead of going into an auction environment, differences could be overcome.
“If I can assure folks that license transfers can go through in return for more spectrum and geographic licenses, I will become even more rabid about this process,” he said.
Hafla has told SMR WON members that if they can swap their frequencies for some of Nextel’s (or any other players’) channels to “do it. The contract would be contingent on the FCC approving our consensus.” He added, “The time for rhetoric is behind us. We need completed contractual negotiations.”
Until the commission decides whether it will adopt the consensus agreement, Hafla admitted that both sides will be under a certain amount of risk as they move forward on a spectrum trade. Either could lose, although he thinks Nextel would be shouldering the larger burden.
Which sits just fine with Nextel. Bob Foosaner, a Nextel senior vice president, said his company has received many requests for meetings.
