Subject: [NEXTEL-1] FCC Cannot Support Plan to Give Nextel Additional Spectrum

From: [email-masked]
Date: Sat, 06 Dec 2003 15:47:52 -0500

FCC Cannot Support Plan to Give Nextel Additional Spectrum
Friday, December 05, 2003 - 11:49 AM PST

CTIA today filed a paper with the Federal Communications Commission that
concludes the so-called “Consensus Plan’s” proposed spectrum swap to reduce
interference in the 800 MHz band “would significantly depart from Commission
precedent and is unsupported in law or policy.”

As part of its 800 MHz plan, the “Consensus Plan” proposes that the FCC provide
Nextel an exclusive nationwide license covering 10 MHz of spectrum in the 1.9
GHz band (1910-1915/1990-1995 MHz) for relinquishing spectrum in the 700, 800
and 900 MHz bands. The “Consensus Plan” argues this change can be justified
legally either as a “channel swap” or as a “license modification.”

Today’s filing states, “The ‘Consensus Plan’ proposal would sidestep the normal
competitive bidding rules and procedures in order to substantially improve
Nextel’s spectrum holdings without Nextel having to face competition for the
licenses. The Commission should not allow its public safety interference
proceeding to be used in this way.”

In addition, today’s filing makes clear the ‘Consensus Plan’ proposal is neither
a channel swap nor a license modification.

The filing notes giving away 10 MHz of spectrum in the 1.9 GHz band would:

· Violate the policies underlying the auction statute (section 309(j) of the
Communications Act) and deviate from standard Commission practice by
circumventing the Commission’s standard license assignment process.

· Not qualify under the applicable law as either a channel swap or a license
modification based on FCC definitions and precedents.

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

http://www.thetsector.com/displayarticle6443.html

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