In continued back-and-forth at the FCC on the 800 MHz proceeding,...

309(j) of the Communications Act. Nextel accused the plan’s opponents of unleashing a “campaign of misinformation” in the last few weeks, “audaciously twisting the application of regulation to serve their myopic interest.” In its latest filing, Nextel argued that the FCC had full legal authority to approve the consensus plan, which also was backed by some private wireless groups, PCIA and the Assn. of Public Safety Communications Officials. The plan is designed to mitigate interference to public safety operations at 800 MHz and would involve reconfiguring parts of 700, 800 and 900 MHz. CTIA’s most recent criticism had focused on the part of the plan that would give Nextel a nationwide license for 10 MHz at 1.9 GHz as part of a spectrum swap for capacity it was giving up in other bands. CTIA raised concerns about the extent to which the proposal would run counter to Sec. 309(j), which outlined the principals for the FCC’s offering spectrum at auction and would circumvent the Commission’s standard license assignment process. “CTIA applies inapposite precedent, distorts the comparative value of Nextel’s current licenses and proposed replacement spectrum and ignores the enormous societal benefits that would result from the consensus plan,” Nextel told the FCC. “The Commission should reject this last-ditch effort, and should instead move expeditiously to adopt the consensus plan in its entirety.” Nextel, a member of CTIA, told the Commission that this was not the first time the group had weighed in at the 11th hour in a spectrum proceeding to raise new arguments. Nextel cited the mobile satellite service rulemaking, in which CTIA argued late in the proceeding about potential interference to 1.9 GHz PCS operations. As for the 800 MHz proceeding, Nextel said it could implement the consensus plan and modify its licenses without triggering the competitive bidding requirements of Sec. 309(j). Nextel contended that provision applied only to the awarding of initial licenses. Instead, it said, the consensus plan would be modifying only Nextel’s already existing licenses. It said the FCC had authority to assign that spectrum to Nextel as a license modification under Sec. 316 of the Act. Nextel said important public interest provisions underlay the competitive bidding provisions of Sec. 309. “In the case of the 800 MHz proceeding, however, the compelling public interest benefits that would result from the consensus plan outweigh the public interest in spectrum auctions,” Nextel said. Nextel Vp-Govt. Affairs Lawrence Krevor said: “The consensus plan will eliminate the dangerous problem of public safety radio interference and we look forward to CTIA rallying to the cause.”