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800 MHz resolution delayed -again Page 4 of 5 O'Regan said. "If [the FCC] adopts something else, we would have to look at it at that time." Knowing that a court challenge could delay rebanding at least another year, there is a very real chance that public-safety officials could view Verizon as the problem if it pursues litigation. Gurss said some pubic-safety representatives have told him that "whoever holds this up will be held accountable." Exactly what public-safety representatives would do is unclear, but it would be a mistake for anyone to characterize Verizon as an entity that does not want a solution to interference problems it has addressed at its own expense on a case-by-case basis for years, Nelson said. "We are not the enemy of public safety," he said. Nelson said it would be unfair to criticize Verizon if the carrier decides to oppose an "illegal plan." Instead, public safety should remember that Nextel is the source of the interference problem and is offering a "dishonorable proposal" to solve it in a manner that calls for the FCC to violate spectrum- auction laws. "The goal has to be a quick solution for law enforcement that is legal," Nelson said. "It shouldn't be that difficult." Perhaps, but the fact that the FCC's deliberation in this proceeding is almost two years old indicates otherwise. The problem for public safety is that the Consensus Plan is the only realistic option to the 800 MHz interference problem, McEwen said. McEwen said he understands Verizon's concerns about Nextel getting 1.9 GHz spectrum but noted that Verizon and other commercial wireless carriers have not offered alternatives - a fact that speaks volumes as public safety is treated like a political football on the issue. "We're being kicked around here from goalpost to goalpost," McEwen said. "In the meantime, the only solution we have is Nextel's." Meanwhile, public-safety officials continue to wring their hands, worried that the unsolved 800 MHz interference problem will result in the fatality or serious injury of a civilian or first responder. "It's only a matter of time," Gurss said. The latest close call occurred in March, when an Elks Lodge in Mesquite, Texas, caught fire. Firefighters' radios at the scene did not work - a circumstance attributed to interference from a nearby cellular tower used by Nextel, Gurss said. Because the fire spread quickly, the firefighters attacked the blaze from outside the building. If the units had reached the scene in time to get inside the building, the firefighters would have been at risk with no radio communications, Gurss said. "Had they rushed inside, it would have been really dangerous," he said. "No one would have been able to order them to get out, and they wouldn't have been able to radio for help." Although Nextel later fixed the problem, "that didn't help the firefighters" at the scene, Gurss said. Such incidents underscore the need for a proactive solution such as rebanding that is executed as quickly as possible. Because there seems to be little question that the matter will land in court regardless, Gurss said he favors the FCC issuing an order soon. http://iwce-mrt.com/microsites/magazinearticle.asp?mode=print&magazinearticleid=198444... 6/24/04