Subject: [NEXTEL-1] All Channels are not created equal

From: Marcel <[email-masked]>
Date: Fri, 20 Dec 2002 10:58:18 -0500

Paul - Maybe you could clarify a few things for me.  In the Commission's August 15, 2002
response to a Petition For Declaratory Ruling regarding Part 80 channels in this band, the
Commission said, in summary:

Section 80.123 of the Commission's Rules permits AMTS stations to provide service to units
on land, under certain conditions.  The communications permitted by Section 80.475(c) are
specifically limited (in non-emergency situations) to "private coast station
communications related to the operational requirements of ships."  Consequently, the FCC
said that it does not believe that AMTS stations are permitted to provide private
communications to stations on land.  Moreover, the Commission said that when it adopted
Section 80.123, which specifically mentions only "public coast stations," it did so in
order to "foster a regulatory environment in which public coast stations may more
effectively compete against other CMRS providers such as cellular, PCS, and SMR, operating
in coastal areas."  Private coast stations do not compete with CMRS providers.  Thus, both
the language of Section 80.123 and its underlying purpose indicate that private
communications to units on land are not authorized.

So, on this basis (assuming that I read the Commission's Order correctly), what do you
believe that the licenses that you are selling can be used for?

Alan Tilles
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.

In a message dated 12/19/2002 4:07:06 PM Eastern Standard Time, [email-masked] writes:

> SpectraCo has available for lease 12.5 kHz FM channels for the new Motorola Passport
> radio equipment in the 217-220 MHz Part 80 band.
>
> The channels we represent have the following characteristics:
>
> 1.  No co-channel interference
> 2.  No HAAT power limitation
> 3.  Max. power of 1000 watts ERP per channel
> 4.  2 Mhz TX/RX separation
>
> As you can see these channels are quite different from 220 MHz Part 90 channels.  For
> more information please refer to our website www.spectraco.com
>
>
> Paul vander Heyden
> Spectra-Co

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