Subject: [NEXTEL-1] Cingular And Verizon Team-Up Against The "SCAM PLAN"

From: Marcelrf <[email-masked]>
Date: Thu, 04 Mar 2004 01:03:06 -0500

Cingular And Verizon Team-Up Against The "SCAM PLAN"

March 3, 2004
Ex Parte

Ms. Marlene H. Dortch
Secretary

Federal Communications Commission
445 -12th Street, SW, Room TW-A325
Washington, DC 20554

Re: Improving Public Safety Communications
in the 800 MHZ Band. WT Docket No. 02-55

Dear Ms. Dortch:

On February 26, 2004, Verizon Wireless filed an ex parte
in this proceeding noting that there is a proposal already
before the Commission, which they termed "In-Band Realignment,"
to resolve interference to public safety. (1) While Cingular Wireless
LLC ("Cingular") continues to support the Balanced Approach Plan
as the most effective way to resolve interference to public safety,
Cingular supports and agrees with the points made in Verizon
Wireless's filing. As such, if the Commission decides to pursue an
800 MHz rebanding solution, it should do so through an In-Band
Realignment without involving other extraneous bands.

Cingular has previously noted that Nextel's Consensus Plan can be
accomplished without involving the 700 MHz, 900 MHz and 1.9 GHz
bands and that inclusion of these bands are extraneous to the problem
as well as the solution. (2) Cingular supports the primary goal of the
Commission in this proceeding -resolve interference to public safety.
An In-Band Realignment would address interference to public safety in
the exact same way as does the Nextel Consensus Plan. Of particular
concern with the In-Band Realignment is that Nextel still would obtain a
windfall in the 800 MHz band given that it would have contiguous
spectrum
rather than interleaved spectrum. (3) At the same time, In-Band
Realignment
would not involve the giveaway to Nextel of any 1.9 GHz spectrum - the
windfall.

Therefore, if the Commission decides to pursue an 800 MHz rebanding
 solution, then it should do so without including the 700 MHz, 900 MHz
and
1.9 GHz bands which have nothing to do with the interference being
experienced in the 800 MHz band. The Commission should reject Nextel's
ultimatum and, given the significant benefit to Nextel, require Nextel
to
pay for this in-band realignment.

Brian Fontes

Vice President, Federal Relations
Cingular Wireless
1818 'N' Street N.W.
Suite 800
Washington, DC 20036-2478
www.cinigular.com

1 See Verizon Wireless Ex Parte at 1. Filed February 26, 2004
2 See February 25, 2003 Reply Comments of ALLTEL Communications, Inc.,
AT&T Wireless Services, Inc., Cingular, Sprint Corporation, Southern
LINC,
and United States Cellular Corporation at 13.
3 See Kane Reece Associates Valuation Report noting that realignment of
the
800 MHz band alone will result in a net windfall to Nextel in the amount
of
$2.3 billion.

http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6515784384

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