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800 MHz decision could be pushed to 2Q

WASHINGTON-The Federal Communications Commission’s consideration of how to solve the interference problem in the 800 MHz band is the most complex proceeding ever, and a decision may not come until the second quarter, said John Muleta, chief of the FCC’s Wireless Telecommunications Bureau.

“When I was here (before), I thought the ’96 act was complex: implementing competition rules. Here you have not just policy-making; you have technology interfaced with finance, competition and lots of spectrum plays that are going on. The mixture is a moving target plus the number of different constituencies. This is not about competitive local exchange carriers vs. incumbent local exchange carriers,” said Muleta.

Muleta talked to reporters following the third annual strategic planning meeting of the Federal Communications Commission. During his presentation, Muleta said he expects to complete new rules on solving the problem in the next “three to four months.” This estimation almost doubled the timeframe FCC Chairman Michael Powell gave to the National Press Club Wednesday, so Muleta was forced to defend himself.

“I said three or four months just because we are really trying to get it out in the quarter but I wanted to make sure I had a little room,” said Muleta. “First quarter is our goal. What he is telling you is his aspiration for the first quarter. I am just trying to be realistic.”

Muleta said there is one contentious issue still outstanding-1.9 GHz. “There is one issue out there that needs to be addressed and it has to do with 1.9 GHz. I don’t know whether you have seen but there has been a rash of filings,” he said. “There is a discussion between the technical vs. rebanding but that always exists until you get a decision.”

Once the wireless bureau decides whether Nextel Communications Inc. will get spectrum in this band-and many insiders believe that is how Muleta is leaning-then the rules will be presented to the full commission for review. But that process may not be simple because he believes each commissioner will want and need to understand the ramifications of each choice.

Muleta said WTB is dealing with several issues while completing the 800 MHz proceeding. “Our goal is three things to keep in mind. Number one: public safety is paramount. The second thing is how do we deal with everybody equitably in the 800 MHz band? And finally is good spectrum management,” he said.

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