WASHINGTON-Two ESMRs with 800 MHz operations objected to Nextel Communications Inc.’s request that the Federal Communications Commission clarify how they would be treated as part of the 800 MHz band reconfiguration.
“Nextel has requested ‘clarification’ that ESMR incumbents, other than Nextel and SouthernLinc, that elect to be relocated out of the non-cellular 800 MHz channel block be retuned first to the 816/817-861/862 MHz block and to the very bottom of the 817/862 MHz band only if there is sufficient guard-band capacity to accommodate them,” said Elizabeth Sachs, outside counsel to Airpeak Communications L.L.C. and Airtel Wireless Services L.L.C. “It is simply not credible that these numerous statements could be read out of the FCC’s order by issuing the ‘clarification’ sought by Nextel.”
The process of relocating the non-Nextel economic area licensees is one of several issues Nextel has asked the FCC to clarify by erratum-changing the paperwork without seeking public comment.
The FCC can reconsider its own rules within 30 days of publication in the Federal Register. The commission in July adopted a plan to solve the interference problem, swap some spectrum with Nextel and have Nextel pay to move other companies off the spectrum band Nextel would receive. The FCC released the text of the plan in August, but it has yet to be published in the Federal Register. Once it is published, Nextel has 30 days to say whether it will agree to the plan.
Nextel told RCR Wireless News Sept. 24 that language covering the non-Nextel licensees was confusing. “It wasn’t spelled out fully and needs to be spelled out better,” said Lawrence Krevor, Nextel vice president of government affairs.
The FCC has consistently said that one of the goals of its plan was to treat equitably all incumbents in the 800 MHz band.
