FCC Putting Final Touches on 800 MHz Public Notice
The FCC is likely only days away from a public notice (PN) seeking comments from the industry on issues that have been raised by Nextel as part of the 800 MHz rebanding order. The wireless advisors received the PN Tues. afternoon. A Commission source said release was “imminent.”
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
The PN doesn’t ask detailed questions of the kind that may be posed in a typical rulemaking, sources said. Instead, it makes reference to some of the questions Nextel has raised. Comrs. still have to vote the PN out. Also imminent is publication in the Federal Register of the 800 MHz order, which was released Aug. 6. The PN is likely the prelude to a sua sponte reconsideration order from the FCC making some revisions to the order. The extent of the changes and whether the FCC may agree with Nextel that the FCC miscounted the number of MHz that POPs Nextel will give up as part of the plan is worth hundreds of millions of dollars to Nextel.
In addition, the GAO is expected to issue a legal opinion in the next few weeks on whether the order violated other federal laws, following a request from Sen. Lautenberg (D-N.J.). GAO officials have said they aren’t investigating the order itself, but will rule on the law.
The PN “ won’t surprise anyone,” said one industry source: “It essentially just provides a vehicle for the industry to comment on some of the arguments Nextel has made and gives the FCC some room for comfort as they look at a sua sponte recon[sideration].” A 2nd source agreed: “This provides some legal cover for the FCC.”
The Nextel docket has been comparatively quiet in recent weeks after a flurry of activity following release of the order. The most recent Nextel filings have addressed the line of credit Nextel would have to provide to back up the cost of relocating spectrum incumbents as part of the 800 retuning. In a filing last week, Nextel focused on the most efficient method for reimbursing transition costs. The Assn. of Public Safety Communications Officials advised the FCC to “proceed expeditiously” to resolve outstanding issues.
Nextel has scheduled an earnings call for Fri., when CEO Timothy Donahue likely will field some questions from analysts on the status of Nextel’s final decision on the rebanding order. Donahue said in Sept. the company could survive as a national carrier without the 1.9 GHz spectrum it would receive through the plan.
An order addressing a recommendation by the Transition Administrator Search Committee (TASC) that a team headed by BearingPoint be selected to administer the transition process is also expected shortly.