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FCC MAY CHANGE SOME 2 GHZ RELOCATION NEGOTIATION GUIDELINES

WASHINGTON-The Federal Communications Commission, responding to congressional pressure, will likely leave intact microwave relocation rules affecting public safety but change negotiating parameters governing other 2 GHz private wireless and personal communications services licensees.

The FCC is expected to issue revised PCS microwave relocation regulations any day that adhere to a Jan. 7 letter from Sens. Dale Bumpers (D-Ark.), Judd Gregg (R-N.H.) and Ernest Hollings (D-S.C.) “strongly urging the commission not to change the negotiating periods with regard to public safety incumbents in the C, D, E, & F blocks.”

The lawmakers, though, did not provide political cover for other 2 GHz microwave licensees.

The FCC last October was reportedly ready to streamline the relocation negotiating process in response to PCS carrier complaints about being gouged by microwave licensees during bargaining. Microwave licensees are eligible to be reimbursed by digital pocket telephone operators for being forced to move from the 2 GHz band to higher frequencies.

As it stands today, PCS carriers and non-public safety microwave licensees are subject to a two-year volun-tary/one-year mandatory negotiating timetable.

The FCC is expected to flip that sequence to a one-year voluntary/two-year mandatory negotiating scheme.

The mandatory period begins when a PCS operator notifies the microwave incumbent that it wants to negotiate.

More leniency is accorded to public safety radio licensees, which come under three-year voluntary and two-year man-datory negotiating guidelines.

That is not apt to change and what changes there are will likely be limited to C-, D-, E- and F-block PCS licensees.

“We don’t believe that a change in the rules in the middle of the game for public safety incumbents is warranted,” said the lawmakers.

“We understand the desire of new licensees to expedite the process, but we see no reason to do so at the expense of public safety incumbents and the people they serve. All the licensees, the incumbents and the commission itself knew the rules at the time of the auctions. They know how long the process might take. The PCS industry and its advocates have made their case aggressively. We stand for the public safety incumbents and public safety itself.”

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