WASHINGTON-Nextel Communications Inc. and SouthernLinc have reached an agreement that would change the channel allocations in the retuning of the 800 MHz band, putting Southern in the cellular band but leaving other non-Nextel economic area licensees in the non-cellular band.
“The 800 MHz channel plan for areas to be designated for cellular operations in the 800 MHz band will be different in the southeastern part of the United States from the rest of the country. The intent of this frequency plan is to accommodate the two large SMR operators with existing systems in this area, SouthernLinc and Nextel, and to allow both companies to continue their operations once the 800 MHz band is reorganized,” reads a Realignment Plan for the Southeastern United States supplied by SouthernLinc.
The agreement was reached in negotiations last Friday at the Federal Communications Commission and announced without much fanfare in letters filed at the FCC Wednesday.
Nextel did not immediately return a request for comment.
Preferred Communications Inc., a non-Nextel EA licensee critical of the rebanding plan, declined comment.
The agreement calls for Nextel to pay for the labor costs associated with Southern’s retuning but not for filter or handset replacements.
There also appears to be a problem in the Atlanta area, according to the letters. “Nextel’s subsequent analysis concludes that the non-cellular channel block may not provide a sufficient number of channels in the Atlanta metropolitan area to accommodate a small number of non-Nextel, non-Southern incumbent licensees. Nextel notes that Southern is optimistic that all non-Nextel, non-Southern incumbents in Atlanta can be retuned within a non-cellular channel block ending at 813.5/858.5 MHz. Representatives of Nextel and Southern have considered various ways to apportion among them a possibly reduced cellular, low-site channel block or their respective positions within a proposed smaller block,” wrote James Goldstein, Nextel senior attorney of government affairs.
SouthernLinc has a different take on the Atlanta situation.
“Even a cursory review indicates that the shortfall of channels may be as few as six channels. Another option to address Nextel’s concern is to maintain SouthernLinc’s 150-channel group in the Atlanta Area B starting at 858.5 MHz, and to the extent that during this rebanding process it becomes apparent that not all incumbents can be accommodated below 858.5 MHz, SouthernLinc would relinquish channels starting at 858.5 MHz to retune these incumbents and Nextel would provide SouthernLinc with replacement channels on a one-to-one basis starting above 862.25 MHz,” said Christine Gill, SouthernLinc’s outside counsel. “Reducing Southern’s overall channel count in Atlanta Area B would ignore the compromises SouthernLinc made on channel count in other parts of its footprint which would not be an equitable result.”
As Nextel was seemingly solving its Southern problem, it continues to receive static courtesy of Verizon Communications Inc. Following up on a letter from William Barr, Verizon executive vice president and general counsel and former attorney general under the first President Bush, Sen. Frank Lautenberg (D-N.J.) asked the General Accounting Office to conduct an investigation into the FCC’s 800 MHz plan and respond by close of business Friday.
“I believe this proposal may run afoul of both the Anti-Deficiency Act and the Miscellaneous Receipts Act. As you know these statutes make it unlawful to disburse or divert money from the federal treasury without appropriation or authorization, thus vindicating the constitutional command that ‘no money shall be drawn from the treasury, but in consequence of appropriations made by law.’ I ask that you review the proposal and render an opinion on the question whether the FCC’s proposed spectrum giveaway is inconsistent with the ADA and MRA,” said Lautenberg.
Verizon is located in Lautenberg’s state, and his letter was released by Verizon Wireless’ media-relations office.
FCC Commissioner Michael Copps said Wednesday that Monday’s accusation by Verizon that the FCC would violate criminal laws if it awards Nextel spectrum in the 1.9 GHz band as part of the solution to the 800 MHz public-safety interference problem was another example of the “take no prisoners” mentality that seems to permeate Washington.
Last week, RCR Wireless News reported that FCC Chairman Michael Powell proposed to his colleagues that replacement spectrum for solving the 800 MHz band public-safety interference problem come from 1.9 GHz spectrum.
Nextel said Verizon’s warning showed that it competes not in the marketplace but rather in Washington.
“Verizon is showing its true colors-litigation and lobbying are how this company competes. Verizon is resorting to scare tactics because it is clear that the FCC has the full authority to adopt the Consensus Plan and solve the critical problem of public-safety radio interference. It is shameful that Verizon is so self-interested and anti-competitive that it would threaten FCC commissioners with personal criminal liability while the needs of public safety hang in the balance,” said Leigh Emick Horner, Nextel director of policy communications.
Barr told the FCC it should let Congress decide whether Nextel should get the 1.9 GHz spectrum. Last week, one of Verizon’s supporters, Rep. Jim Nussle (R-Iowa), chairman of the House Budget Committee, introduced legislation that would prohibit such an action.
“Nextel’s demand that the FCC bypass the public-auction process and award it immensely valuable 1.9 GHz spectrum (worth at least $5 billion) is injurious to the wireless industry and especially to Verizon. Given our special need for that spectrum and our demonstrated readiness to bid on it, we have told you that as between Nextel’s proposal and the CTIA compromise by which 2.1 GHz spectrum would be sold to Nextel, we obviously would prefer the latter,” said Barr.
