Subject: [NEXTEL-1] Cellular Telecommunications & Internet Association & City of Baltimore, Maryland, & Others On 02-55

From: [email-masked]
Date: Wed, 12 Nov 2003 12:15:09 -0500

Cellular Telecommunications & Internet Association
November 10, 2003
Ms. Marlene H. Dortch
Secretary
Federal Communications Commission

Re: Ex Parte Presentation
WT Docket No. 02-55

Dear Ms. Dortch:

On November 10, 2003, representatives of the City of Baltimore, Maryland,
Cellular Telecommunications & Internet Association (CTIA), United Telecom
Council (UTC), Cingular Wireless, and utility company members of the 800 MHz
User Coalition met with Commissioner Abernathy, and Jennifer Manner, Senior
Counsel, concerning the above-referenced docket. The purpose of the meeting was
to discuss the merits of the 800 MHz User Group Coalition proposal filed with
the FCC on May 29, 2003.

The User Coalition members noted the funding weaknesses of the so-called
“Consensus Plan” filed by Nextel Communications, some public safety associations
and private wireless groups, as well as some of the legal infirmities of the
plan. The Coalition parties also urged that the FCC not mandate a band plan for
the 800 MHz band that would restrict the ability of licensees of all types to
deploy advanced technology: in many states, this band is being used to develop
multi-agency interoperable systems, some of which are a mix of high-site and
low-site installations. The parties also stressed that the Coalition plan is
proactive, in that it not only guarantees elimination of current interference at
the cost of the interfering party, but would prevent future interference through
rules requiring better system engineering as well as notification and
coordination procedures.
The attached handout summarizing the differences between the Nextel and 800 MHz
User Coalition plans was provided at the meeting.

1250 Connecticut Avenue, NW Suite 800 Washington, DC 20036 202.785.0081 phone
202.785.0721 fax www.wow-com.com 2 1250 Connecticut Avenue, NW Suite 800
Washington, DC 20036 202.785.0081 phone 202.785.0721 fax www.wow-com.com

Pursuant to Section 1.1206 of the Commission’s Rules, this letter is being
electronically filed with your office. If you have any questions concerning this
submission, please contact the undersigned.

Sincerely,

Diane Cornell
Diane Cornell
cc: Commissioner Kathleen Abernathy
 Jennifer Manner

http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6515289971

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800 MHz User Coalition
Presentation to
Commissioner
Kathleen Q. Abernathy
November 10, 2003

800 MHz User Coalition
Presentation to
Commissioner
Kathleen Q. Abernathy
November 10, 2003
800 MHz User Coalition

 Close to 60 signatories and supporters, including representatives from Public
Safety; electric, gas and water utilities; large business and industrial users;
SMR licensees; equipment manufacturers; and the commercial wireless community.

The “Consensus Plan” Proposal Is Unworkable

 Too complex and too lengthy

 No guarantee of interference resolution

 No long-term solution –separating “like” from “unlike” assumes no future change

 No guaranteed funding over life of process

 Inequitable treatment of licensees based on outmoded type categories

 High risk for Public Safety and FCC

The “Consensus Plan” Proposal is Legally Infirm

 Violates the well-established policies underlying Section 309(j) of the
Communications Act and would circumvent the
Commission’s standard license assignment process

 Does not qualify under the applicable law as either a channel swap or a license
modification

 Requires the Commission either to improperly ignore its statutory obligations
or to illegally use its Section 316 authority to “trump” its Section 309(j)
obligations

 Violates terms of original Fleet Call waiver request

 More immediate, more effective, less disruptive and less costly for Public
Safety

 Interfering party pays to fix interference

 Guarantees elimination of current interference problems andprevention of future
interference
 Treats all licensees fairly; permits all licensees to migrate to advanced
technology as desired
 Solution within 800 MHz band

 No legal infirmities

I.Resolve Existing Interference Quickly
 Specific, short timeline for consultation, analysis and resolution
 CMRS, CI licensees offer technical expertise to assist –good faith required of
complainant
 Enhanced mitigation techniques –expands on Best Practices by building on
successful approaches, adding other technical measures, new technology fixes

 Interfering party must resolve, mustpay for resolution, including any necessary
steps (frequency swaps, equipment replacement)

Balanced Approach Proposal
II.Prevent Future Interference (proactive)

Updated technical rules –better engineering makes all systems compatible
(Coalition has provided specific recommendations)

Detailed notification, coordination requirements involve other licensees prior
to possible problem

 Improved equipment (see, e.g., Motorola filings) to reduce problem over long
term

III.Long-term Review of Process

Independent consultant working with committee of stakeholders

 To begin immediately, testing efficacy of mitigation procedures
 Consideration of other resolution/prevention methods if necessary, including
funding mechanism

 Private market agreements meet local needs of parties

 Flexibility in spectrum use encourages shared systems, advanced technology
(efficiency) and interoperability among emergency responders

 No funding uncertainties

 This band is too important to all users –FCC must not over-regulate, create
spectrum backwater of old technology
 FCC should not spoil 1.9 GHz spectrum

Recent Developments

 Growing Public Safety support for coalition

Public Safety signatories and growing

 Numerous filings in support

 Growing Public Safety skepticism of “Consensus” plan

 Multiple letters opposing “Consensus” plan

 Ongoing discussions/negotiations with Public Safety

 >>>>>APCO chapters concerned with Nextel plan<<<<<

 Kane Reece study demonstrating net gain to Nextel of $6.5 billion from the
“Consensus Plan”

 Motorola filing detailing $2.3 billion cost to replace handsets

http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6515289972