Subject: [NEXTEL-1] A question for the Lawyers

From: [email-masked]
Date: Thu, 13 May 2004 17:45:37 -0400

-------- Original Message --------
From: "sarasota_lou" <[email-masked]>
Subject:  A question for the Lawyers

Is in within the regulatory pervue of the FCC to reclassify spectrum
on a fiat basis.

Case in point: Nextel Swap plan.
Since the returned spectrum from Nextel is ESMR, can't the FCC just
claim that the 10mhz of 1900mhz is now deemed ESMR, and then exchange
it with Nextel.

Since Verizon and Cingular are not licensed(?) to operate on ESMR this
would make their objections moot. In fact the basis of any claim from
them would rest on just what are the limits of the FCC's regulatory
fiat directives. I'm sure their must be some case law on this specific
issue, and thus the legal challenges could be demissed rather quickly.

Is this just wishful thinking?

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From: [email-masked]
Date: Mon, 17 May 2004 22:32:00 -0400

PW answered one scenario here is another......

> Is in within the regulatory pervue of the FCC to reclassify spectrum

There must be some sort of reclassification, but nothing is a "legally
binding decision" (Nextwave).
Most likely 2.1 Ghz would need to be modified before nexthell would
consider accepting it
If Nextel is smart they would want the spectrum regulated under Part 22
which has more leant interference rules.

CITE: 47CFR22.352

   * Inteference to mobile receivers from mobile transmitters. No
     protection is provided against mobile-to-mobile interference.

   * Interference to base receivers from mobile transmitters. No
     protection is provided against mobile-to-base interference.

     In-building radiation systems. No protection is provided against
     interference to the service of in-building radiation systems.

> claim that the 10mhz of 1900mhz is now deemed ESMR, and then exchange

Sure but they would lose when the final valuation is done.

> would make their objections moot.

Using that argument the public's objections would also be mute. That is
why we have the NOI & NPRM procedures.  A Notice of Inquiry is designed
primarily for fact gathering and seeks comment from the public and
industry in order to obtain more information. The document describes where
and when comments may be submitted. Interested parties may also review
what comments were received and, in most cases, submit comments in reply
to other parties' submissions. After reviewing the comments submitted in
response to a Notice of Inquiry, the FCC may release an Order explaining
why the FCC is not taking further action, or it may issue a Notice of
Proposed Rulemaking. An NPRM contains proposed changes to the Commission’s
rules and seeks public comment on these proposals.

> In fact the basis of any claim from

I'm sure you remember  how much Ca$h  the Nextel "Cheerleaders" lost when
the FCC's "legally binding decision" to strip Nextwave of their Licenses
was entered into the records and later reversed by the courts.

> Is this just wishful thinking?

Very
Good try-