WIRELESS OPERATORS VENT OPPOSITION, ALTERNATIVES TO NEXTEL PLAN

Filing by Private Wireless Coalition supported proposal to FCC last month by commercial and private wireless operators offering alternative to Nextel plan. Private wireless group included Aeronautical Radio Inc., Assn. of American Railroads, Forest Industries Telecommunications, Industrial Telecommunications Assn., MRFAC (frequency coordinator for National Assn. of Mfrs. (NAM)), NAM, PCIA and Small Business in Telecommunications (SBT). Coalition represents licensees in 800 MHz band. Group urged FCC to “move public safety entities to 700 MHz as a long-term solution to the public safety-CMRS interference problem, while in the interim, emphasizing the need for ‘best practices’ solutions.” It said agency should consider re- banding solution in conjunction with public safety move to 700 MHz to help alleviate interference for business/industrial land licensees. Primary plan group backed would relocate public safety users to 700 MHZ from 800 MHz and reallocate some 700 MHz spectrum now specified for commercial use to public safety. Cingular along with Southern LINC, Alltel, Nokia and AT&T Wireless proposed that solution to FCC last month.

While plan that would move public safety to 700 MHz or in some other way moving those operators out of 800 MHz would be preferable, Washington attorney Alan Tilles said coalition recognized “the huge political issues and difficulties associated with doing either of those 2 things.” Alternative backed by private wireless coalition would take public safety licensees that were having worst interference problems at 866-869 MHz and move them to 851-855 MHz, he said at Mon. news briefing at ITA hq in Arlington, Va. Public safety operators at 856-860 MHz, which also contains SMR and BIL/T users, would move to lower spectrum, Tilles said. Plan that group submitted to FCC said business/industrial land transport (B/ILT) users would retune as needed to 856-860 MHz band that public safety operators would vacate. “Site-by- site, traditional SMR licensees in the general category pool will also be relocated to the same band,” private wireless coalition said. “Incumbents, however, will only be required to move when necessary.” That separation would provide 4 MHz “buffer zone” occupied by private wireless users that would separate public safety and cellular systems. Private wireless coalition said it backed 800 MHz rebanding solution as either: (1) Corollary to plan that would move public safety users to 700 MHz to “offer a less interference-prone environment for B/ILT licensees and traditional SMR licensees who will remain at 800 MHz.” (2) Or to provide backup plan in case 700 MHz relocation plan “proves infeasible.”

Private wireless groups reiterated that part of Nextel plan that would relocate them to 900 MHz wasn’t feasible. “That’s a nonstarter, whether we have to pay for it or whether it somehow gets paid for,” Tilles said, saying Motorola had estimated it would cost private wireless users $1.5 billion to relocate under Nextel plan. That estimate included only price tag for hardware. “There’s not enough spectrum at 900 to accommodate our needs,” ITA Pres. Laura Smith said. She said alternative plan backed by coalition “helps everyone in the band maintain the status quo. No one gets more, no one gets less [spectrum],” she said. “Everyone walks away with exactly what they started with.” Private wireless operators also stressed extent to which they believed Nextel and other CMRS operators must be responsible for curing interference they created, even if they were operating within FCC rules. “Much remedial action can be taken by the interfering CMRS operators,” said Schwaninger, who represents SBT. “The FCC should encourage and/or codify that remedial action. The FCC’s position is, I think, still unclear as to what the responsibilities are for the interfering CMRS operators.” Position of coalition is that FCC should make clear that if licensee were causing interference, it must be corrected on case-by-case basis, “even preliminary to rebanding or relocation,” Schwaninger said.

Nextel weighed in against possibility of public safety relocations to 700 MHz as part of solutions for curing 800 MHz interference, responding to both CTIA request that FCC reconsider Wireless Bureau decision not to delay 700 MHz auction and in Nextel NPRM proceeding. “The 700 MHz band would be a sub-optimal, significantly delayed solution to the interference problems that have arisen in the 800 MHz band and the spectrum shortage faced by the public safety community that the Commission urgently seeks to address,” carrier wrote. Nextel said it took no position on CTIA request to delay June 19 700 MHz auctions. CTIA had urged FCC to consider potential rebanding solutions involving 700 MHz as one factor in not holding auctions on schedule, to ensure that possible solutions aren’t foreclosed. Nextel stressed that public safety entities relocated from 800 MHz to 700 MHz would face same broadcast incumbency issues as prospective commercial bidders for Ch. 52-59 and 60-69. “There is no reason that the uncertainty and delay associated with the use of the 700 MHz band that CTIA details should be any more tolerable for the public safety community than it is for CTIA and its members,” Nextel said. “In fact, the proposed ‘700 MHz option’ for public safety would impose degrees of uncertainty and delay that far exceed what commercial entities presently find unacceptable.”

Nextel argued that rebanding solutions involving relocation of public safety agencies to 800 MHz would be untenable because they would: (1) Require congressional action to redesignate 700 MHz, at which 36 MHz is now allocated for commercial use in upper band, for public safety. (2) Necessitate legislation so that swathe of 700 MHz wouldn’t be subject to competitive bidding. (3) Require congressional earmarking of auction proceeds to help pay for relocation costs for public safety users. (4) Address lack of public safety equipment at 700 MHz. “Until it rejects the ‘700 MHz option’ for public safety, the Commission also risks the likelihood that manufacturers, wary of more uncertainty regarding spectrum reallocation, will be reluctant to make the investments necessary to develop new equipment, even for the 800 MHz band,” Nextel said. Nextel said its original White Paper given to FCC last fall requires no statutory changes and would let public safety retune to within 800 MHz band and avoid “more costly” relocation to 700 MHz band.

N.Y.C. Transit Authority (NYCT) opposed part of Nextel proposal that would disrupt incumbent 800 MHz licensees, particularly those located in B/ILT bands used by NYCT. “While its proposal does offer a major improvement for public safety spectrum, it is not viable for other public safety providers, such as NYCT,” authority told FCC. Under Nextel White Paper, NYCT said it would have to migrate to 900 MHz band or remain secondary on its existing channel. “Neither alternative is acceptable,” NYCT said. If city’s transit system had to move to 900 MHz, price tag for relocation likely would top $150 million because system would need to be redesigned and reconstructed, NYCT said. “Obtaining spectrum in the expanded public safety band would be uncertain as frequency allocations in New York City area would be exhausted very quickly to meet the needs of traditional emergency first responders,” NYCT wrote. Authority told FCC it has received dozen reports of coverage problems throughout NYC affecting its operations at 800 MHz. In one case, interference in last 6 months was found to be caused by new Nextel cell site, NYCT said. “It is, or should be, obvious that even unfounded threats can wreak havoc on the life and safety of the public if subways trains and stations must be evacuated safely,” NYCT wrote. “Interference with radio communication is simply unacceptable.”

One group of public safety agencies didn’t back particular plan, but stressed they shouldn’t have to pay for costs of moving. International Assn. of Chiefs of Police, Major Cities Chiefs Assn., National Sheriffs’ Assn. and Major County Sheriffs’ Assn. cited numerous cases of interference caused by commercial licensees at 800 MHz. Groups said in comments that Assn. of Public-Safety-Communications Officials (APCO) has recorded 70 reported cases of such interference nationwide and that “number is growing.” Groups said FCC’s selection of interference mitigation proposal should be based on: (1) Preventing interference from occurring in first place. (2) Not disrupting public safety communications during transition. (3) Responding to need of public safety for more spectrum. (4) Ensuring “external sources” pay for public safety relocation. “As tax supported local entities, public safety entities cannot self-fund the transition.” Groups urged FCC not to set cap on cost-reimbursement. Any plan ultimately chosen by Commission “should take steps to clear the 700 MHz band expeditiously,” they said, citing 24 MHz of public safety at 700 MHz that “remains inaccessible” in most metro areas because of incumbent broadcasters.

APCO, National Assn. of Counties, National League of Cities and NATOA, in lengthy filing late Mon. said Nextel proposal would modify 800 MHz band in way that would reduce “substantially the potential for interference and lays the foundation for more complete elimination of the interference problem with future improvements in equipment and system design.” Nextel plan, which proposes to reimburse public safety users $500 million for cost of relocating, would do more than competing plan floated by NAM, which hasn’t “even attempted to resolve the issue of cost,” APCO and other groups said.