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Nextel takes issue with article

Dear Editor:

Nextel is disappointed and dismayed regarding the news article by Heather Forsgren Weaver posted on rcrnews.com and printed in the Oct. 25 edition of the newspaper highlighting a phrase used by Nextel Chief Executive Officer Tim Donahue regarding the status of the 800 MHz proceeding to solve public-safety radio interference caused by CMRS operations.

Nextel Oct. 22 shared the results of its 2004 third-quarter operations on a conference call. During this call, Donahue commented twice on the status of the proceeding-once during opening comments and again in response to a question from an analyst. Weaver’s story takes out of context a portion of his comment and suggests that Nextel has information regarding the FCC proceedings that we do not have.

Following Nextel’s third-quarter results, Weaver called Nextel to confirm the comment, “we are enthused by the clarifications that we’ve been able to receive from the FCC.” In response to Weaver’s inquiry, Nextel told her directly that he was referencing his previous comments regarding the process at the FCC, in which he said:

“Nextel has been diligently studying the report and order, and we have asked for the FCC’s clarification on a number of important issues. In an effort to clarify these issues, Nextel has had a number of meetings with the commissioners and the staff as documented in our ex parte filings at the commission. The commission will likely issue a public notice that solicits comments on these issues. After the comment period is over, the FCC will decide how to proceed. We’re pleased that the FCC is continuing to move forward with these clarifications, and we are hopeful that the issues identified can be successfully resolved as quickly as possible so that we can get to work on eliminating the interference to public safety. I am pleased with the progress that we have made here. We expect the report and order to go to the Federal Registry in very short order, and we are very optimistic that we’re going to have a positive outcome to the consensus plan.”

Nextel reiterated to Weaver that Donahue’s comments were intended to indicate that Nextel is pleased with the FCC’s process in this proceeding, and Nextel is aware of no clarifications other than those the FCC issued in two previous erratums. In fact, if Weaver had reported Mr. Donahue’s complete answer to the question, it would have included Donahue’s direct reference back to his previous comments:

“And as I said in opening comments or answering an earlier question we are very hopeful this thing is going to be finalized in the near term.”

Nextel finds it frustrating that when presented information directly from the company regarding Donahue’s statement, Weaver and RCR Wireless News continued to report that, “It is unclear what clarifications Donahue was referring to during Nextel’s third-quarter earnings call.” Nextel provided Weaver a direct and responsive answer to her inquiry; unfortunately RCR Wireless News chose to report that Donahue was “unclear” when we provided crystal-clear and accurate information.

Lastly, Ms. Weaver continued to report based on her personal beliefs instead of reporting factually. She writes, “Donahue said he expects the 800 MHz rules will be final in 60 days, which would imply that publication in the Federal Register is still a month off because rules become final 30 days after publication.” According to the Report and Order, rules in the 800 MHz proceeding will become effective 60 days after publication.

RCR Wireless News needs to spend more time on actually reporting news and information as opposed to reaching for articles based on implication and innuendo.

Leigh Emick Horner

Director, Policy Communications

Nextel Communications

Cary, N.C.

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