CTIA told the FCC last week that the ‘consensus plan’ backed by N...

by Nextel, the Assn. of Public Safety Communications Officials, PCIA and others would involve reconfiguring parts of the 700, 800 and 900 MHz and 1.9 GHz band, including paying public safety and private wireless incumbents up to $850 million to move. CTIA’s filing at the FCC late Thurs. focused on the part of the plan that would give Nextel “an exclusive nationwide license” for 10 MHz at 1.9 GHz as part of spectrum it would receive for giving up bands elsewhere. CTIA said that would: (1) Violate policies underlying Sec. 309(j) of the Communications Act, which outlines the principals for the FCC’s offering spectrum at auction and would “circumvent the Commission’s standard license assignment process.” (2) Not qualify under applicable law as either a channel swap or a license modification. (3) Require the FCC to either “improperly ignore” its statutory obligations or to illegally use Sec. 316 authority to “trump” its Sec. 309(j) obligations. CTIA argued that past channel swaps allowed by the Commission, including those involving FM and broadcast licenses, were different from what Nextel was proposing. In the Rainbow Broadcasting case involving a broadcast spectrum swap, CTIA said the exchange was limited to situations in which a licensee wasn’t seeking to use the process to substantially change its coverage area. It said: “In contrast to that concept, the ‘consensus plan’ proposes a nationwide assignment of 10 MHz of contiguous, comparatively clear spectrum to Nextel in exchange for relinquishment of a patchwork of frequencies that have limited utility.” Rather than making Nextel whole for spectrum it would give up elsewhere, CTIA said the swap would substantially upgrade its spectrum holdings.