Subject: [NEXTEL-1] FCC Eyes Hectic May LNP, 800 MHz are among top issues.

From: [email-masked]
Date: Sun, 02 May 2004 06:06:40 -0400

FCC Eyes Hectic May LNP, 800 MHz are among top issues.

BY MARK ROCKWELL
MAY 1, 2004
WIRELESS WEEK

WASHINGTON—The next few weeks will put the FCC's Wireless
Telecommunications Bureau (WTB) to the test as two big issues come to a
head here.

May is the month that ushers in the local number portability (LNP)
deadline for smaller markets nationwide. The commission also is expected
to make a decision on the contentious 800 MHz spectrum swap controversy.
The confluence of those two issues comes as the commission already faces
other important wireless items, such as E911.

In the larger arena, the FCC as a whole is grappling with a wide-ranging
broadband initiative, a heated and escalating battle over broadcast
indecency rules and enforcement, a mandated triennial review of FCC
rules and intercarrier compensation.
The wireless bureau, however, is fighting gamely to push a number of
important decisions along, and FCC officials expect only minor
difficulties in getting both the 800 MHz and LNP issues done. The WTB is
one of the agency's largest, with more personnel than the Wireline
Competition Bureau. The wireless bureau's spectrum and policy division
handles LNP and potential issues associated with that process, while the
public safety and critical infrastructure division addresses the 800 MHz
and E911 issues.

The 800 MHz issue could take a small toll on the bureau's resources,
however.  E911 deadlines for 90 smaller carriers came and went in
mid-April. Because the same group handling the 800 MHz decision handles
E911, the commission had to prioritize which issue came first and assign
personnel accordingly, say industry sources.

The commission is confident the upcoming May 24 deadline for LNP in
smaller markets will go off without a hitch, even though four wireless
carriers had asked for waivers at the commission and about 150 wireline
carriers had asked state commissions for the same for intermodal
porting.

The agency "understands what caused the fits and starts on November 24,"
says Lauren Patrich, spokeswoman for the wireless bureau. She said the
bureau was well-prepared for the May date.

The 800 MHz issue, no matter how it is decided, most likely will be a
thorn in the agency's side for some time, however. "Spectrum issues are
always the most bitterly contentious" at the FCC, says Phil Verveer,
partner at law firm Willkie, Farr & Gallagher, a former anti-trust
attorney at the Justice Department and former FCC broadcast bureau
chief. "This is no different. It's always a terrific struggle" over
available spectrum, he says.

Verizon Wireless has positioned itself for a run at the U.S Court of
Appeals for the District of Columbia by publicly saying it would bid $5
billion for the spectrum.  That sets up the legal challenge, he says.
Verizon Wireless officials bristle at the idea that the commission is
considering "giving away" the spectrum to Nextel and vow "not to stand
idly by" while it does.
Although the appeals court process can take only months now as it is
getting a lot of experience in handling appeals of commission rulings,
it could take the wind out of the decision, Verveer says.

The commission doesn't seem likely to back away from even the most
controversial ruling on 800 MHz because of workload. That issue has been
brewing at the agency for almost two years and commissioners are
determined to see it done — along with the hundreds of other issues
they're juggling.

http://www.wirelessweek.com/article/CA414497?spacedesc=Departments&stt=000

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