COM 0522.012 2002-2004 - Laserfiche WebLink

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800 MHz resolution delayed -again Page 3 of 5 line, looking for a handout." Given Verizon's opposition to awarding 1.9 GHz spectrum to Nextel, one alternative that has been discussed at the FCC is using 2.1 GHz spectrum -the airwaves Nextel targeted in its original 2001 white paper calling for a spectrum swap to address the 800 MHz interference issue. Another notion has been to award Nextel the controversial spectrum that NextWave Telecom is scheduled to return to the FCC later this year after reaching a settlement with the agency last month. O'Regan declined to comment on the NextWave idea, and the fact that the FCC does not yet have those airwaves may make that proposal moot. However, Nextel was adamant in its letter to the FCC that the 2.1 GHz frequencies no longer work well because changes in the FCC's spectrum plan means the airwaves are not adjacent to current advanced commercial wireless bands. As a resu?t, the costs of deploying a network using this spectrum would be much greater than at 1.9 GHz. Such a significant change in the proposal at this point also might require the FCC to restart the comment period, Nextel claimed. In addition, Nextel said substituting 2.1 GHz for 1.9 GHz in the plan would not reduce the odds of the issue being challenged in court. Indeed, while stopping short of saying Verizon would file a lawsuit to block a 2.1 GHz spectrum award to Nextel, Nelson said Verizon's legal philosophy regarding auctions is the same for all frequencies. "If there's spectrum -whether it's returned spectrum from NextWave, 1.9 GHz or 2.1 GHz -the commission is required by law to auction it," Nelson said. Whether such a legal challenge would be successful is debatable. Sen. Ted Stevens, R-Alaska, recently wrote FCC Chairman Michael Powell a letter that said an auction may not be necessary. "If Nextel must give up its spectrum in the 700 and 800 bands to eliminate interference to first responders, it must be given replacement spectrum elsewhere," Stevens' letter stated. "As author of the spectrum auction program, I do not believe an auction would be required in this instance." That may be true, but the legal argument is cloudy enough that courts would hear the case and its appeal. That could be problematic for public safety because many believe Nextel may not be willing to begin paying for 800 MHz rebanding until it is certain it will receive replacement spectrum. Such certainty may not occur for a year or two, if a spectrum award is litigated. However, Precursor's Baca said he does not believe a court would let the replacement-spectrum debate delay the all- important rebanding. Instead, he believes any judges hearing the case will separate the issues - allowing the 800 MHz rebanding to proceed while presiding over the 1.9 GHz debate. "God forbid, if we have another 9/11, no judge wants the story to say, `Judge So-and-So blocked a plan that would have solved the communications interference problem that caused people to die,"' Baca said. Would Nextel be willing to pay for rebanding without an assurance that it would receive desired replacement spectrum? O'Regan deflected numerous questions on the matter, noting that the company does "not comment on hypotheticals." "The Consensus Plan was designed as a whole, as a comprehensive solution to solve interference," http://iwce-mrt.com/microsites/magazinearticle.asp?mode=print&magazinearticleid=198444... 6/24/04