Subject: [NEXTEL-1] TWO LAW ENFORCEMENT GROUPS BLAST 800 MHz BAND "SCAM PLAN"

From: Marcelrf <[email-masked]>
Date: Wed, 31 Mar 2004 23:13:13 -0500

TWO LAW ENFORCEMENT GROUPS BLAST 800 MHz BAND "SCAM PLAN"

Two major law enforcement groups have written President Bush to
express their opposition to the "consensus" plan for resolving
commercial interference to public safety systems in the 800 megahertz
band.  A Republican congressman, meanwhile, has renewed his
concerns with elements of the plan, including one that would give
Nextel Communications, Inc., 10 megahertz of 1.9 gigahertz band
spectrum.

In similar letters dated March 24 and March 25, the Fraternal Order of
Police and the Federal Law Enforcement Officers Association,
respectively, complained that backers of the consensus plan didn't
consult them when drafting the proposal or ask them to endorse the
plan, which they say they do not.

They complained that the $700 million that Nextel has pledged to
cover the relocation costs of public safety licensees likely wouldn't
cover all of the expenses the proposal would create, and they
complained that the plan "does not guarantee immediate funding to
pay for the enormous costs" of replacing millions of outdated radios
and updating systems, but rather suggests "a vague `reimbursement'
scheme."

The groups also suggested that the plan "will be tied up in litigation
<<<LIKE I SAID<<<
for years, with the result that public safety will not have its
interference problems resolved or will be forced to incur its own costs
in order to pay for that work.  We ask that you instead focus on
solutions to the interference problems that are legally sound, as well
as  technically feasible and that impose the least disruption and cost
on
the public safety community." Yep, Yep Yep!

Under the consensus plan, Nextel would receive the 1.9 GHz band
spectrum in exchange for frequencies it would return in the 700 MHz,
800 MHz, and 900 MHz bands; the carrier would pay up to $850
million to relocate public safety and private wireless incumbents.  In
addition to Nextel, supporters of the plan include major public safety
organizations and private wireless groups.  Proponents argue that the
plan is the only one that is fully funded and takes a proactive
approach toward eliminating interference.

Robert M. Gurss, director-legal and government affairs for one of the
public-safety groups that backs the plan, the Association of Public-
Safety Communications Officials-International, questioned why the
federal law enforcement officers were weighing in, noting that they
don't operate in the 800 MHz band.  Mr. Gurss also said that
consensus plan proponents were drafting a response to the FOP letter
but complained that it "doesn't describe the consensus plan
accurately" and "doesn't reflect an understanding of the underlying
interference problem."

A letter from another organization expresses support for the consensus
plan.  The March 23 letter was written to members of Congress from
the Law Enforcement Alliance of America, which represents law
enforcement professionals, crime victims, and other concerned
citizens.  The group called the consensus plan "the only viable plan
that will virtually eliminate interference, without any cost to the
taxpayers, while providing additional spectrum capacity for enhanced
safety for families, law enforcement officers, and all Americans."

A draft order circulating among Commissioners calls for a realignment
of the 800 MHz band and for Nextel to receive the 1.9 GHz band
spectrum, according to sources, but does not involve the 700 MHz and
900 MHz band frequencies.  Nextel would be responsible for paying
all of the relocation costs of public safety and private wireless
licensees and would have to pay the difference between those costs
and the value of the 1.9 GHz band spectrum, the sources said.  FCC
officials hope Commissioners will be able to vote on the order at their
April 15 meeting.

Verizon Wireless, Cingular Wireless LLC, and AT&T Wireless
Services, Inc., have said that if the Commission decides to realign the
800 MHz band, it should not involve other frequencies and should
order Nextel to pay the relocation costs of all licensees.  They have
argued that the value of Nextel's spectrum would increase by billions
of dollars in a realignment because it would be contiguous.  The
carriers have also been members of a coalition that pushed for a
"balanced approach" plan that relies on the use of "best practices" and
technical rule changes rather than realignment.  Backers of this
approach argue that interference to public safety systems can be
addressed more quickly than under the consensus plan.

In a letter yesterday to FCC Chairman Michael K. Powell, Rep. Vito
Fossella (R., N.Y.) reiterated that he supports realignment of the 800
MHz band but said he was worried that Nextel's funding won't cover
all of the costs, leaving taxpayers with the bill.  He also said again
that
the 1.9 GHz band spectrum should be auctioned.

"I cannot support a plan that gives false hope to public safety but
that
very likely could leave our nation's first responders without the
resources to fully transition and/or utilize the rebanded 800 MHz
spectrum," said the congressman, who with 22 other members of the
House Energy and Commerce Committee wrote Mr. Powell in
February to express concerns about the consensus plan.  "I believe
other more viable and appropriate options exist and urge the FCC to
explore selling or auctioning the new bandwidth on the 1.9 GHz band
at market value."- Paul Kirby, [email-masked]

http://www.tr.com/online/trd/2004/td033104/index.htm

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