NEXTEL SEEKS EXPEDITED FCC RULE CHANGES FOR SWAP, MSS SPECTRUM

Under Nextel proposal, no private radio or commercial licensee would see net change in spectrum holdings and public safety users would get additional 10 MHz in 800 MHz band. Nextel would swap 4 MHz of guardband spectrum in 700 MHz band, 8 MHz of specialized mobile radio (SMR) spectrum in lower noncontiguous channels of 800 MHz and 4 MHz of SMR spectrum at 900 MHz. It would receive another 16 MHz, including 6 MHz in upper 800 MHz band and two 5 MHz blocks from reserve mobile satellite service (MSS) spectrum at 2.1 GHz. That MSS spectrum would be reallocated for terrestrial commercial mobile radio service “and licensed to Nextel on a nationwide basis.” One selling point, Nextel said, is that plan is designed to mitigate interference problems for public safety communications from commercial services at 800 MHz. “Public safety providers need additional spectrum now to enhance interoperability among police, fire, rescue and emergency management personnel, provide advanced video and data communications services, increase systems capacity for both life safety and public works uses and improve communications reliability and redundancy,” paper said. Public safety operations would move to lower channels of 800 MHz, adjacent to spectrum set aside for these operations at 700 MHz.

Besides MSS spectrum, Nextel would move to 6 MHz at 821/824-866/869 MHz, which would become available by consolidating and expanding public safety spectrum in lower channels of band. Along with 816/821-861/866 MHz already licensed for advanced technology SMR systems, plan would create 16 MHz low-power, low-site digital SMR block, Nextel paper said. Nextel would move operations there, along with any other digital advanced SMR incumbent, in new block that would be assigned to public safety lower in band. Aside from up to $500 million it’s committing, Nextel said “cellular operators should also contribute to public safety retuning costs, as should other CMRS licensees benefitting from the proposed 800 MHz realignment.” Nextel said cellular licensees also could be source of interference to public safety licensees. Nextel is largest commercial license- holder at 800 MHz.

Nextel proposal would have FCC assign it 10 MHz of MSS spectrum -- 2020/2025 MHz and 2170/2175 MHz -- after reallocating it from MSS to exclusive terrestrial commercial mobile services. Because proposal had just begun circulating more widely Tues., it was uncertain how broader commercial wireless community would react to assignment of that spectrum without auction. But MSS spectrum targets block outside of 2110-2170 MHz that govt. is examining for possible 3G services along with 1710-1770 MHz. “This block is currently not being used by any MSS licensee, but includes non-MSS broadcast auxiliary service (BAS) incumbents that must be relocated to enable advanced mobile communications services to use this band,” Nextel said. It said licensing those blocks to Nextel instead would provide “even exchange” for 10 MHz that carrier would give up at 700, 800 and 900 MHz. Under Nextel’s blueprint, plan would expedite current schedule for mandatory retuning of all BAS incumbents at 2020-2025 MHz “and, to the extent necessary, terrestrial fixed point-to-point microwave systems at 2170-2175.” Wireless carriers have urged FCC to reallocate 2 GHz MSS spectrum for advanced wireless services for 3G, arguing that 70 MHz set aside for MSS in that band should be available for wireless use because MSS industry isn’t economically viable.

“The White Paper proposal will help police, firefighters and other public safety agencies meet the unprecedented challenges they now face in protecting our nation’s security, while enhancing the spectral operating environment for public safety and CMRS licensees,” Nextel Vp-Govt. Affairs Lawrence Krevor and Senior Vp-Chief Regulatory Officer Robert Foosaner told Wireless Bureau Chief Thomas Sugrue in letter. Letter said up to $500 million in transition funds that Nextel was willing to contribute to public safety licensees was contingent on: (1) FCC’s adopting proposed realignment plan by final order. (2) Assignment to Nextel of 6 MHz of licenses in new 800 MHz SMR band and 10 MHz in MSS band.

Letter from public safety agencies stressed their critical spectrum needs, “compounded by the aftermath of the September 11 terrorist attacks.” Potential for CMRS interference to public safety systems under plan “would be substantially reduced,” letter said. “The technical details and other aspects of this proposal are complex, and many of its elements require further development and analysis.” Implementation of proposal would place “substantial, undetermined costs” on some public safety licensees, letter said. Groups, including Major Cities Chiefs Assn. and National Sheriffs’ Assn., said proposal warranted “expedited” consideration at FCC in notice of proposed rulemaking. “It will be incumbent upon the commercial entities who will benefit from this proposal to bear the full amount of the costs incurred,” letter said. “These costs are unknown at this time and should not be subject to an arbitrary aggregate ceiling.”

Spectrum exchange outlined by Nextel is smart because “they have the public safety community getting a benefit that everyone acknowledges they need, which is spectrum,” said Precursor Group analyst Rudy Baca. Problems that public safety agencies have had communicating with one another on different bands and with different systems are long-standing, he said, and “that can’t continue” in wartime situation. “The FCC needs to fix this and Nextel has handed them a way to do this. Politically this is going to have a lot of backing, a lot of legs.” Without public safety support, convincing regulators to provide 10 MHz of spectrum from MSS band probably would have been harder sell, Baca said. Situation changes when “you have the International Assn. of Police Chiefs saying we need this,” he said.