WASHINGTON-The Federal Communications Commission’s Wireless Telecommunications Bureau told private wireless advocates it is inclined to grant 54 waivers by Nextel Communications Inc., which would allow Nextel to use private wireless spectrum commercially.
Senior WTB officials including Chief Thomas Sugrue told private wireless advocates from the Industrial Telecommunications Association and the Personal Communications Industry Association at a May 10 meeting that the Nextel waiver requests seem to be generic and should be granted, according to industry representatives who attended the meeting.
ITA President Mark Crosby does not think the waivers are generic. “This [is] a possible precedent setting … it sends a message to private wireless to not consider 800 MHz or 900 MHz as a good home, and that is not good,” Crosby said.
Donald Vasek, PCIA director of governmental affairs, agreed. “We don’t think it is normal given the numbers involved … This is once again private spectrum that is being asked to be used for commercial purposes,” Vasek said.
The FCC declined comment. “This is a contested proceeding. It would be premature for us to comment on this issue at this time as it is under review,” said WTB spokeswoman Meribeth McCarrick.
For its part, Nextel believes granting the waivers will not harm private wireless, according to ITA filings on the matter. Attempts to locate the original waiver requests or get a comment from Nextel were unsuccessful.
Nextel’s idea is to convert private wireless licenses from the business pool to commercial mobile radio services for use in Nextel’s 800 MHz enhanced specialized mobile radio systems, which use integrated Digital Enhanced Network technology.
The converted spectrum also would be used to relocate private wireless entities and even small private carriers from the upper-200 channels.
ITA and PCIA think this usage would be acceptable and have urged the FCC to conditionally grant Nextel’s waiver, specifying “that these frequencies may only be used for relocation of private wireless and small private carrier licensees … The waiver requests for the remaining applications would then be denied. The excess licenses could be returned to the commission to once again be included in the business pool and subsequently be assigned to an eligible private wireless user,” said the two organizations in a letter filed May 17.
Nextel needs this spectrum if it hopes to relocate licensees in the upper-200 channels and build out its digital system nationwide.
ITA and PCIA claimed in their letter Nextel knew it would need to convert private wireless spectrum to CMRS spectrum to make this work. Since this would be against FCC policy-absent a waiver-Nextel should not have bid on more 800 MHz licenses at auction than it could use without violating FCC policy, the groups charged.
Both PCIA and ITA refrained from claiming that granting this waiver was further proof the wireless bureau under Sugrue values commercial uses of spectrum over private uses. Such views were widely held when WTB was led by former chief Daniel Phythyon.
“We hold out some hope … things are much better than [they were] a year ago,” said Laura Smith, executive director of government relations for ITA.
