WASHINGTON-FCC Commissioner Jonathan Adelstein Thursday morning said he found Nextel Communications Inc.’s complaints about the 2.1 GHz band unusual because the carrier did not raise relocation concerns when it presented its first proposal to solve public-safety interference in the 800 MHz band in 2001.
“I would note that 2.1 (GHz) was not Verizon Wireless’ initial idea, but Nextel’s, and it is unusual in light that it was Nextel’s original idea three years ago that they did not raise these concerns at that time,” Adelstein told reporters at a regularly scheduled press breakfast. He added that the Federal Communications Commission has relocation rules in place to prevent “spectrum squatting.”
Nextel May 14 charged that the CTIA Compromise Plan to solve public-safety interference in the 800 MHz band favors the association’s cellular members because they hold the licenses that would have to be relocated for Nextel to make use of the 2.1 GHz band.
Adelstein’s view of the situation echoes a letter the Cellular Telecommunications & Internet Association sent late Wednesday to the FCC.
The 2.1 GHZ band is “subject to rigid relocation requirements originally adopted by the FCC in 1993. This same framework was used to relocate fixed microwave incumbents from the PCS band without any substantial disagreements. In fact, the only modification to the relocation rules governing the 2.1 GHz band was a removal of the ‘voluntary’ negotiations period, requiring all incumbent licensees to follow ‘mandatory’ negotiation requirements immediately. The rules require incumbent licensees to negotiate in good faith with the new entrant or be subject to commission review. If at the end of the two-year mandatory negotiation period there is no agreement between the parties, Nextel would be able to involuntary relocate any incumbent,” said CTIA.
And so it goes. Adelstein said the FCC was “moving smartly along” on the issue but would not comment on whether the FCC would consider it at its June 10 meeting.
Nextel is the major sponsor of the Consensus Plan. The Consensus Plan would shuffle the 800 MHz band to eliminate the current situation where public safety, private wireless, Nextel, other SMRs and cellular carriers are intermingled. In exchange for giving up spectrum in the 700 MHz, 800 MHz and 900 MHz bands and for paying to retune public safety and private wireless, Nextel has asked for 10 megahertz in the 1.9 GHz band. The plan is also supported by the Industrial Telecommunications Association, which represents private-wireless interests, and some public-safety advocacy groups. Other public-safety advocacy groups have expressed concern about the Consensus Plan.
Late last month, CTIA said Nextel should pay $3 billion to cover the rebanding costs of the 800 MHz band, but instead of getting spectrum in the 1.9 GHz band, it should get spectrum in the 2.1 GHz band. Nextel would get the 2.1 GHz spectrum as the retuning in the 800 MHz band is completed. The money would also be deposited in a third-party trust fund with protections against bankruptcy.
