Subject: [NEXTEL-1] Larry K. (Nextel V.P.) Prepares To Weasel Out of $850M Public...

From: Marcelrf <[email-masked]>
Date: Sun, 07 Mar 2004 17:32:58 -0500

Jack,

You are correct it was illegal operation and Nextel Partners/ WIP paid
$10,000.00. This type of  illegal operation lead to a Concent decree
between Nextel
Partners and the FCC. I met the RF Engineer for the State at  PSWN where
he
Publicly Voiced his dis-pleasure with the "SCAM PLAN" and Nextel's
illegal
operation. Here is the link to the Hawaii $10,000.00 fine. All of
Nextel's violations
are in the archive section.

Actual Fine:
http://groups.yahoo.com/group/NEXTEL-1/message/1353

Consent decree:

http://www.fcc.gov/eb/Orders/2003/DA-03-2929A1.html 

<SNIP>

10.  Nextel WIP agrees to the following:

(a)    Within thirty  (30) days of  the release
date  of  the  Order,   Nextel  WIP  will  make  a
voluntary  contribution   to  the   United  States
Treasury  in the  amount of  Ten Thousand  Dollars
($10,000.00).  Nextel WIP shall make its voluntary
contribution  to  the  United States  Treasury  by
mailing a check or  similar instrument, payable to
the   order   of    the   Federal   Communications
Commission, to the  Forfeiture Collection Section,
Finance Branch, Federal Communications Commission,
P.O. Box 73482, Chicago, Illinois 60673-7482.  The
payment should note  NAL/Acct. No. 20023286002 and
FRN 0002-2070-66.

(b)  No later than thirty (30) days of the release
date of  the Order, Nextel WIP  will undertake the
following  improvements   to  its   frequency  use
monitoring program in Hawaii:

(1)    All  frequencies placed  in use  by
Nextel  WIP  in  Hawaii will  be  cross-
checked  against   the  FCC's  licensing
database prior  to being used  to ensure
against unauthorized operation;
(2)  This     cross-check    will     include
verification   that   Nextel   WIP   has
appropriate authorization for use of the
frequency;
(3)  This cross-check  will also  verify that
there is  no other  conflicting licensee
on the frequency in the relevant service
area;
(4)       This check  will be conducted  on a
bi-monthly basis for  all frequencies in
use at any location in Hawaii; and
(5)       All personnel will receive training
for the new procedure.

11.  Nextel WIP  and the  Bureau acknowledge  and agree
that this Consent Decree  will constitute a final settlement
between them of the Enforcement Proceeding.

12.  In  express   reliance  upon  the   covenants  and
representations  contained  herein,  the  Bureau  agrees  to
terminate the  Enforcement Proceeding  at such time  as both
parties sign this Consent Decree  and the Bureau adopts this
Consent Decree.

13.  In  consideration  for   the  termination  of  the
Enforcement  Proceeding, Nextel  WIP  agrees  to the  terms,
conditions, and procedures detailed in this Consent Decree.

14.  Nextel WIP waives  any and all rights  it may have
to seek administrative  or judicial reconsideration, review,
appeal or  stay, or  to otherwise  challenge or  contest the
validity of this Consent Decree  and the Order adopting this
Consent Decree, provided the Order adopts the Consent Decree
without modification.

15.  Nextel  WIP   and  the   Bureau  agree   that  the
effectiveness of this Consent Decree is expressly contingent
upon issuance  of the Order,  provided the Order  adopts the
Consent Decree without modification.

16.  Nextel WIP and the Bureau agree that, in the event
any  court of  competent jurisdiction  renders this  Consent
Decree  invalid, the  Consent Decree  shall become  null and
void  and  may  not be  used  in  any  manner in  any  legal
proceeding.

17.  Nextel  WIP  and the  Bureau  agree  that, if  the
Commission,  or   the  United   States  on  behalf   of  the
Commission, brings a judicial action to enforce the terms of
the Order  adopting this Consent Decree,  neither Nextel WIP
nor the Commission will contest  the validity of the Consent
Decree  or Order  and Nextel  WIP will  waive any  statutory
right to  a trial de  novo with  respect to the  matter upon
which the  Order is based,  and shall consent to  a judgment
incorporating the terms of this Consent Decree.

18.  Nextel  WIP  agrees to  waive  any  claims it  may
otherwise  have under  the Equal  Access to  Justice Act,  5
U.S.C. Section 504 and 47 C.F.R. Sections 1.1501 et seq.

19.  Nextel  WIP  agrees  that  any  violation  of  the
Consent  Decree or  the Order  adopting this  Consent Decree
will constitute a separate  violation of a Commission order,
entitling the Commission to  exercise any rights or remedies
attendant to the enforcement of a Commission order.

20.  Any provision  of this Consent Decree  affected by
or inconsistent with any subsequent rule or order adopted by
the Commission will be superseded by such Commission rule or
order.

21.  Nextel WIP and the Bureau agree to be bound by the
terms and conditions stated in this Consent Decree.

22.  Nextel WIP and the Bureau agree that the terms and
conditions of this Consent Decree shall remain in effect for
a period  of twenty-four (24)  months, which shall  begin on
the release date of the Order.

23.  This Consent Decree may be signed in counterparts

Jack Daniel wrote:

> As I recall, the Hawaii incident was not a 'transmitter operating
> improperly', it was Nextel illegally operating on a channel they weren't
> licensed for.
>
> I guess when they can't blame the cellular carriers, public safety or
> anyone else, they will blame the equipment.
>
> Nextel gets caught all the time operating on other people's channels but
> this is the extremely rare case where they were formally charged. The
> FCC employee that pressed this issue was probably fired.
>
> Nexetl intenionally violates the rules so often, it's code named the
> 'whoops factor' inside the engineering group when they get caught.
>
> Nextel never takes responsibility for the problems they cause others, so
> it's understandable they would coach their allies to call it improper
> transmitter operation which, like most 'facts according to Nextel', is
> intentionally misleading.
>
> ===============================
>
> [email-masked] wrote:
> >
> > References, please?  I'm only aware of a single incident in Hawaii,
> > resulting from a single transmitter operating improperly.
> >
> > Alan Tilles
> >
> > In a message dated 3/6/2004 6:24:53 PM Eastern Standard Time,
> > [email-masked] writes:
> >
> >      [ Actually, they do if you look at the history of fines
> >      levied against
> >      Nextel. ]

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