WIRELESS CARRIERS CALL FOR UNITED FRONT ON 800 MHZ INTERFERENCE

FCC in March approved NPRM examining ways to remedy interference problems for public safety at 800 MHz, including Nextel plan that would reconfigure users at 700, 800, 900 MHz and 2.1 GHz bands. That has sparked concerns of private wireless users that would be moved to 700 MHz and 900 MHz without being compensated for relocation. Nextel proposal would provide $500 million to compensate public safety users for costs such as retuning and would give them nearly 10 MHz more spectrum. “It’s really the incredible efficiency that Nextel is squeezing out of the spectrum that it’s using that’s the fault,” O'Brien said. In addition, spectrum allocation decisions 30 years ago were made to groups that now have chosen different technology paths, he said. While some industry groups, such as United Telecom Council, have cautioned FCC against rebanding approaches to rectify interference, O'Brien said he would be “amazed” if Commission didn’t conclude that “some form of rebanding is the only solution to get incompatible technologies separated.”

O'Brien called rebanding “first step” in any ultimate solution that Commission chose to mitigate interference that has beset public safety users at 800 MHz from Nextel and other wireless operators. He said receiver redesign for public safety users would be necessary at some point “because the receivers that are being used by public safety are too wide open and they hear everything that goes on.” Among overarching questions that policy-makers have to ask in this proceeding is what narrowband technology role is “in a telecom world that is increasingly moving toward broadband.”

Not surprisingly, at annual leadership conference of AMTA, which counts both private wireless licensees and Nextel among its members, several private wireless representatives gave vent to what they saw as problems with Nextel plan. “It may solve some problems but at every step we saw it as creating more problems than it solved,” UTC Pres. William Moroney said. UTC has told FCC in comments that it opposed Nextel position but couldn’t support any other proposal that would include mandatory relocation and redivision of spectrum. UTC instead has backed market-based solution dealing with specific interference problems as they occur. “I don’t think expecting Nextel because it was smart with technology to totally turn its system inside out is the right answer, nor do I think that totally turning the band inside out is the answer,” Moroney said.

Assn. of Public-Safety Communications Officials International (APCO) Pres. Glen Nash stressed critical need of public safety operators to obtain more spectrum and said group was open to suggestions on how to reduce interference. One aspect of Nextel White Paper presented to FCC in Nov. that APCO found intriguing was proposal for $500 million for public safety to make changes. For public safety agencies, funding issue has political component because local decision- makers have to be convinced to spend more money on systems that in some cases were recently purchased, Nash said. Amount in Nextel proposal isn’t likely to cover all costs of public safety agencies but Nash said: “We're not sure how much is enough. One of the arguments that public safety has made is that we need to be reimbursed for however much our costs are.”

“We cannot present the Commission with several solutions, we have to present the Commission with one solution,” ITA’s Smith. “It has to come from public safety, Nextel, the [Private Wireless] Coalition. We need to sit down at the table with UTC, AMTA, API and everyone in this industry who is directly impacted and hammer something out.” If left to FCC, which doesn’t have day-to-day field experience of industry, “they will come up with a solution that is not only painful for us but unworkable,” Smith said.

“If industry can’t come to a consensus position to try to resolve this matter, we will be doing ourselves and our members a disservice,” said attorney Liz Sachs. She referred to diversity of views expressed at conference: “Anyone who believes the FCC is going to ask any one company to cure this whole problem on their nickel is unrealistic. I just don’t think that’s how it’s going to play out. There are too many interests the Commission considers significant.” In separate talk, Michael Rosenthal, dir.-regulatory affairs, Southern Linc, said while it was “irrefutable” that public safety needed more spectrum, “we're not sure it should be our spectrum. If it’s eminent domain that the government needs to take this spectrum away from us, we think they ought to pay for it just like we do if we have to put in electricity and run a wire over someone’s farm.” Rosenthal said Southern Linc’s SMR system cost $500 million. “We think that ought to be paid for,” he said. Issues such as public safety operators’ needing more spectrum shouldn’t be mixed together with solutions on how to relieve interference, he said.

UTC Vp-Gen. Counsel Jill Lyon said rebanding brought with it “massive costs and massive disruptions to what are considered to be public safety radio services under the new definition.” They would be in addition to $2 to $3 billion cost of moving public safety systems under Nextel plan, she said. UTC, which represents utilities with communications systems, didn’t sign on to Private Wireless Coalition solution, arguing that not everyone in band should move. Lyon said many rebanding proposals that had been presented to FCC would require legislation to be implemented. Plan backed by Cingular Wireless, Southern Linc and others, for example, would entail rebanding that would relocate public safety users to 700 MHz from 800 MHz, requiring legislative change. “This year and probably next year you are probably not going to see any legislation that, for example, requires the FCC to give back auction revenues or allows the FCC to keep auction revenues to pay for something else,” Lyon said. “That’s not going to happen.”