WASHINGTON-The General Accountability Office, the investigative arm of Congress, will issue a legal opinion in October as to whether the Federal Communications Commission violated the Miscellaneous Receipts Act or the Anti-Deficiency Act when it crafted rules to implement its plan to solve public-safety interference in the 800 MHz band, said Susan Poling, GAO associate general counsel.
“It is not an investigation. It is a legal opinion. We were asked two appropriations law questions having to do with the FCC’s order. Is there something in the order that violates the Miscellaneous Receipts Act and the Anti-Deficiency Act? We are just looking at those two legal questions,” said Poling.
Sen. Frank Lautenberg (D-N.J.) asked the GAO to investigate the 800 MHz plan and the FCC also asked for a legal opinion and put safeguards in the plan if the ruling was unfavorable.
In June, Verizon Communications Inc., the parent company of Verizon Wireless, warned the FCC that it could be violating criminal laws if it awarded Nextel Communications Inc. spectrum in the 1.9 GHz band as part of its plan.
In an apparent attempt to blunt this, the FCC said it would modify Nextel’s 800 MHz licenses instead of granting new licenses. The modification would include use of spectrum in the G-block.
Nextel has asked the FCC to clarify certain aspects of its plan, including the value of the spectrum it is relinquishing at 800 MHz.
Tim Donahue, Nextel chief executive officer, said Nextel finds nothing in the FCC’s plan that it opposes and believes that the issues it has been discussing with the FCC can be handled through an “erratum.”
By deploying an erratum strategy, Nextel is hoping that the FCC will make changes without seeking public comment.
In a filing regarding meetings Donahue and others had with members of the FCC and staff, Nextel asked that its spectrum valuation be used instead of the FCC’s valuation.
“Applying the FCC’s valuation formula using Nextel’s current more granular spectrum totals and accurate population coverage yields an 800 MHz spectrum value credit of $2.059 billion-an increase of $452 million over the $1.607 billion credit set forth in the FCC’s rules,” said Nextel.
