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PUBLIC SAFETY BACKS NEXTEL ON 1.9 GHZ

Public safety groups weighed in Mon. strongly supporting Nextel arguments that it should get spectrum at 1.9 GHz as embraced by the “consensus” plan, and not at 2.1 GHz proposed by CTIA and other wireless carriers. The groups said they have grown “frustrated” with delays tied to the latest rebanding debate and hope for a quick decision.

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Meanwhile, sources say, FCC Chmn. Powell appears to be in the driver’s seat on the issue of whether Nextel should get 1.9 GHz vs 2.1 GHz spectrum, and other Commissioners are waiting for his decision before they weigh in. One public safety official said the letter addressed to Powell largely “reiterates” public safety’s position that it supports the consensus plan and was an attempt to keep pressure on the Commission to act, especially following reports a decision could be pushed into June.

“We are writing to express our frustration with the current debate regarding the 800 MHz interference issue,” the letter said. “Our primary concern on this issue is to address the very serious, and very dangerous, interference problems facing public safety users of the 800 MHz band… However, action on the item appears to be stalled by the increasingly unproductive debate regarding replacement spectrum for Nextel.”

The public safety groups said they hoped the latest debate wouldn’t unnecessarily delay a decision that has been expected for several months. Groups signing the letter were those supporting the rebanding plan, including the Assn. of Public-Safety Communications Officials and leading sheriff, police chief and fire chief associations. “Our fear is that this debate will spiral downward and lead to regulatory paralysis,” the groups said: “We have not wavered from our support of the consensus plan, and we urge the Commission to proceed as quickly as possible to adopt an order that includes all of the principal elements of the plan.”

Though Powell may hold the key on the question of whether the FCC will support Nextel or a group of opposing carriers in the latest rebanding debate, “what’s important is that the other Commission offices have clear interests in a result they think Powell is taking into consideration, which includes minimizing litigation,” said a supporter of the CTIA plan: “That is a clear concern among some of the Commissioners. Clearly, Powell is getting that.” The source said the other Commissioners in general are willing to let Powell take the inevitable heat from the Hill and industry: “All of the Commissioners realize that there are relationship risks in where it comes out, and letting the chairman be the leader on this means not everyone has to take a full frontal” blow.

But other sources said the debate over 1.9 vs. 2.1 GHz was partly a result of other members of the Commission raising the issue. Last week, Powell said he hoped the FCC would nail down an order on the rebanding agreement in the next few weeks. Comr. Abernathy said the FCC was looking at such issues as which incumbents would be affected by the decision, technological challenges and propagation characteristics as it finalized an order.