Subject: [NEXTEL-1] Association for Maximum Service Television, Inc. & National Association of Broadcasters On The "SCAM PLAN"

From: [email-masked]
Date: Tue, 04 May 2004 21:52:11 -0400

Before the Federal Communications Commission
Washington, D.C. 20554
In the Matter of  Improving Pubic Safety Communications
in the 800 MHz Band  WT Docket No. 02-55
Consolidating the 900 MHz Industrial
Land Transportation and Business Pool Channels

Amendment of Section 2.106 of the Commission’s
Rules to Allocate Spectrum at 2 GHz for use by  ET Docket No. 95-18
the Mobile-Satellite Service

Amendment of Part 2 of the Commission’s Rules
to Allocate Spectrum Below 3 GHz for Mobile
and Fixed Services to Support the Introduction of  ET Docket No. 00-258
New Advanced Wireless Services, including Third
Generation Wireless Systems

Flexibility for Delivery of Communications by
Mobile Satellite Service Providers in the 2 GHz ) IB Docket No. 01-185
Band, the L-Band, and the 1.6/2.4 GHz Bands

To: The Commission

JOINT PROPOSED BAS RELOCATION PLAN

In conjunction with the Consensus Plan to improve public safety
communications in the 800 MHz band and the reallocation of spectrum at
1990-2025 MHz to the Mobile Satellite Service (“MSS”) and fixed and
mobile services, the Association for Maximum Service Television, Inc.
(“MSTV”), the National Association of Broadcasters (“NAB”), and Nextel
Communications, Inc. (“Nextel”) hereby submit a plan for relocating
Broadcast Auxiliary Service (“BAS”) licensees out of the 1990-2025 MHz
band. Under this plan, Nextel would commit to funding the entire cost of
relocating all BAS incumbents nationwide from the 1990-2025 MHz band,
subject to Nextel’s being assigned replacement spectrum in the 1910-
1915/1990-1995 MHz band and receiving full credit for its contributions
to the BAS relocation costs in the pending 800 MHz Public Safety
proceeding. This relocation plan promotes the public interest in three
significant ways:

First, it would create greater certainty and expedite the clearing of
the replacement spectrum at 1910-1915/1990-1995 MHz. That band would be
assigned to Nextel in exchange for its substantial contributions to the
realignment of the 800 MHz band, including providing additional spectrum
for public safety communications, and the relocation of BAS incumbents
in the 1990-2025 MHz band. This exchange, proposed in the Consensus Plan
submitted in the 800 MHz Public Safety proceeding, would permit the
Commission to achieve its public interest objectives. MSTV and NAB
recognize these important public interest benefits and fully support the
Consensus Plan, including the assignment of the 1910-1915/1990-95 MHz
band to Nextel as replacement spectrum.

Second, the plan would eliminate the flawed, market-segmented approach
used in the Commission’s current BAS relocation plan. As MSTV and NAB
have argued in their pending petition for reconsideration, the current
relocation plan would seriously disrupt BAS operations and threaten the
ability of television broadcasters to provide electronic news gathering
(“ENG”) service to the public. The relocation plan proposed in this
filing would resolve broadcaster concerns regarding these issues and
would help to ensure a BAS relocation process that preserves the live
coverage of local emergencies, news, and sports that the public has come
to expect.

Third, the revised relocation plan would facilitate entry by MSS and
terrestrial wireless licensees in the 1995-2025 MHz band by accelerating
the relocation of BAS incumbents
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from the entire 1990-2025 MHz band and requiring Nextel to pay the
upfront costs of clearing BAS incumbents from this spectrum.

The MSTV-NAB-Nextel BAS Relocation Plan

Under the relocation plan, Nextel would pay the costs of relocating all
BAS licensees in the 1990-2025 MHz band in all markets. The relocation
would take place in two stages. Nextel would use its best efforts to
complete the two stages within 18 months and 30 months, respectively,
after the effective date of a Commission Order adopting the Consensus
Plan or similar 800 MHz realignment plan that assigns Nextel replacement
spectrum at 1910-1915/1990-1995 MHz and that addresses the concerns
raised by the Consensus Parties in this proceeding (the “800 MHz
Realignment Order”). However, MSTV, NAB and Nextel recognize that these
targets may be adjusted to take into account issues regarding the
availability of equipment, tower crews and other installation
technicians. MSTV, NAB, and Nextel, working with the Society of
Broadcast Engineers (“SBE”) and other broadcast groups, would jointly
develop a schedule for the order in which markets are relocated based on
the following criteria:

• The first stage of relocations would include: (1) markets in which
Nextel wishes to deploy terrestrial wireless services in the 1.9 GHz
band immediately; and (2) adjacent markets that raise inter-market
coordination and interference problems.

• The second stage would include all remaining markets. These markets
would continue operating on the seven channels under the current BAS
band plan until they are relocated to the new band plan at 2025-2110
MHz. Nextel will initiate negotiations with these “second-stage” market
licensees prior to the end of the first stage.

MSTV, NAB, and Nextel also would work together (along with SBE and other
interested broadcast parties) to develop a joint implementation plan
that would be submitted to the Commission. The joint implementation plan
would address such issues as:

• Timing of individual market relocations within the two-stage plan
described above. Provided that the 800 MHz Realignment Order is released
by May 31, 2004, a mandatory negotiation period ending February 28, 2005
would apply to stage-one relocations and a mandatory negotiation period
ending December 31, 2005 would apply to stage-two relocations.

• Measures to minimize disruption to ENG services during the transition.

• Measures to facilitate an expeditious and efficient relocation
process.

To the extent permitted by antitrust laws, MSTV, NAB, and Nextel would
also work together to preserve choice and maximize the economies of
scale in equipment purchases and to develop a template relocation
agreement.
MSTV, NAB, and Nextel agree that Nextel’s commitment to fund this BAS
relocation plan is contingent on (1) the Commission’s adoption of the
Consensus Plan in the 800 MHz Public Safety proceeding (or similar 800
MHz realignment plan that addresses the issues and concerns Nextel has
raised in this proceeding), including the assignment of 1910-15/1990-95
MHz as replacement spectrum for Nextel; and (2) Nextel’s receiving full
credit for the actual BAS relocation costs in the Commission’s valuation
of Nextel’s contributions to the 800 MHz band realignment in the 800 MHz
Public Safety proceeding.
Public Interest Benefits of the BAS Relocation Plan Protecting
Broadcasters’ Ability to Provide Local News Coverage to the Public.

In adopting the current BAS relocation plan in November 2003,1 the
Commission sought to accommodate a complex spectrum reallocation
scenario and to balance competing interests in preserving incumbent
services while minimizing the upfront costs of making spectrum available
for new services. The Commission’s current plan, however, requires BAS
incumbents in Markets 31-210 to vacate two BAS channels without
receiving any compensation or adequate assurance of future compensation.
This would severely hamper the ability of television broadcasters in
these markets to provide ENG services, including local coverage of
emergencies, news, and sports, certainly in the short term and quite
likely over the long term as well.
Because of these problems with the current BAS relocation plan, MSTV and
NAB have filed a petition for reconsideration that remains pending
before the Commission.2 Members of Congress have also expressed concerns
about the Commission’s November 2003 decision. In a March 23, 2004
letter to Chairman Powell, Chairman Upton and Congressman Dingell stated
that the current plan “may seriously impair the ability of local
television stations to provide the communities they serve with live,
local coverage of emergencies as well as routine news events.”3

The MSTV-NAB-Nextel BAS relocation plan would address these concerns. It
would relocate all BAS licensees in all markets in an expedited process
with the goal of completing all relocations within 30 months of the
effective date of the 800 MHz Realignment Order. Importantly, the
relocation process would be designed to avoid disruption to
broadcasters’ ENG operations. The particular sequence in which markets
would be relocated would take into account any possible inter-market
coordination and interference problems. Moreover, BAS licensees
relocated in “stage 2” would continue operating on all seven channels
under the current BAS band plan until they are relocated to the new band
plan at 2025-2110 MHz. In no market would BAS operations be required to
vacate spectrum before the relocation is complete. The MSTV-NAB-Nextel
relocation plan would thus minimize disruption to incumbent BAS services
in relocating to the new BAS band plan at 2025-2110 MHz. This would
serve the public interest by preserving the ability of broadcasters to
serve the public with timely coverage of emergencies and news events.

Improving Public Safety Communications. Over two years ago, the
Commission initiated a proceeding to address commercial mobile radio
service (“CMRS”) – public safety interference in the 800 MHz band.4 The
Commission’s objectives in this proceeding are to remedy this serious
interference problem, minimize disruption to incumbent licensees, and
ensure sufficient spectrum for critical public safety communications.5
In August 2002, the public safety community, private wireless parties,
and Nextel filed the Consensus Plan, which would achieve all of the
Commission’s objectives in its 800 MHz public safety proceeding. It
would realign the 800 MHz band to address the underlying cause of
CMRS–public safety interference. It would also provide additional
spectrum for public safety communications.

Nextel would play a critical role in this realignment plan, contributing
spectrum and substantial financial resources to relocate incumbent 800
MHz licensees and to provide additional public safety spectrum. To
accomplish these public interest goals and make Nextel whole for its
contributions, the Consensus Plan calls for the Commission to assign the
1910-1915/1990-1995 MHz band as replacement spectrum. A portion of the
proposed replacement spectrum overlaps with the current BAS band plan.

MSTV and NAB fully support the Consensus Plan, including the assignment
of the 1910-1915/1990-1995 MHz bands to Nextel as replacement spectrum.
The Consensus Plan will address a pressing public safety interference
problem and provide additional spectrum to public safety communications.
The MSTV-NAB-Nextel BAS relocation plan will help achieve
these important public interest goals by relocating BAS incumbents in a
manner that provides Nextel expeditious access to the 1.9 GHz
replacement spectrum. Such expeditious access will minimize the burdens
imposed on Nextel as it relocates its commercial operations pursuant to
the 800 MHz Realignment Order.

MSTV and NAB have conservatively estimated that BAS relocation costs
will be $512 million; the actual costs may be higher.6 In valuing
Nextel’s contribution to 800 MHz realignment, the Commission should give
Nextel full credit for the BAS relocation costs it incurs. This would be
justified because Nextel would be funding these costs as part of the
Commission’s overall plan to achieve its public interest goals in the
800 MHz Public Safety proceeding.

Clearing Spectrum for MSS and Advanced Wireless Service Licensees. In
establishing the current BAS relocation rules, the Commission expressed
concern about requiring one or more MSS entrants “to pay substantial
up-front BAS relocation costs and seek pro-rata reimbursement from
subsequent licensees, without the benefit of having had a revenue stream
as it builds out its system.”7 The MSTV-NAB-Nextel BAS relocation plan
would eliminate this concern by requiring Nextel to pay all up-front BAS
relocation costs. This would facilitate entry by MSS licensees into the
2000-2020 MHz band.

The 30-month timeframe for relocating all BAS incumbents under the
MSTV-NAB-Nextel relocation plan should ensure that the 1990-2025 MHz
band is cleared nationwide before MSS entrants are ready to begin
service in the 2000-2025 MHz band. If one or more MSS entrants is
prepared to launch service before the spectrum is cleared in all
markets, the key
principles of the MSTV-NAB-Nextel plan should continue to apply: (1)
Nextel will remain responsible for paying the up-front costs of the
relocation and (2) no BAS incumbent will be required to vacate any
spectrum at 1990-2025 MHz until after it has been relocated to the new
seven-channel, digital band plan at 2025-2110 MHz.

The BAS relocation plan proposed herein would also facilitate entry by
new terrestrial wireless licensees into the 1995-2000 MHz and 2020-2025
MHz band. The Commission has reallocated this spectrum from MSS to fixed
and mobile use, and has proposed designating it for CMRS services,
including advanced wireless services.8 Because Nextel would assume
responsibility for relocating BAS incumbents out of the spectrum on an
expedited basis, new licensees in the spectrum could deploy their
operations without having to front the costs of clearing BAS incumbents
from the entire 1990-2025 MHz band.
MSS licensees and terrestrial service licensees in the 1995-2025 MHz
band should be required to fund their pro rata share of the cost of
clearing this spectrum, with such payments being deposited in the U.S.
Treasury. Unlike Nextel, which would be receiving replacement spectrum
as part of a plan to implement 800 MHz band realignment, these licensees
would be receiving initial licenses.9 The Commission should establish
appropriate mechanisms for calculating and collecting these pro rata
contributions.

8 Amendment of Part 2 of the Commission’s Rules to Allocate Spectrum
Below 3 GHz for Mobile and Fixed Services to Support the Introduction of
New Advanced Wireless Services, including Third Generation Wireless
Systems, Third Report and Order, Third Notice of Proposed Rulemaking and
Second Memorandum Opinion and Order, 18 FCC Rcd 2223, 47-49, 68 (2003).

9 See, e.g., Redevelopment of Spectrum to Encourage Innovation in the
Use of New Telecommunications Technologies, First Report and Order and
Third Notice of Proposed Rulemaking, 7 FCC Rcd 6886 (1992) (requiring
new Personal Communications Services licenses to compensate displaced
fixed microwave users at 1.9 GHz).
- 8 -

Conclusion

The MSTV-NAB-Nextel plan would help resolve two longstanding issues
before the Commission and yield substantial public interest benefits.
After more than nine years of debate and uncertainty over how to
relocate BAS incumbents, the proposed plan provides the Commission with
a clear path for relocating BAS incumbents in a way that preserves
valuable ENG services for the public. The plan also addresses a key
element in the Commission’s 800 MHz Public Safety proceeding,
facilitating the resolution of a serious public safety interference
problem that first arose over four years ago. MSTV, NAB, and Nextel urge
the Commission to act expeditiously to bring both proceedings to a rapid
conclusion consistent with the plan described herein.

Respectfully submitted,
/s/ David Donovan
President
Association for Maximum Service Television, Inc.
4100 Wisconsin Avenue, N.W.
Washington, D.C. 20016
(202) 966-1956
/s/ Edward O. Fritts
President and CEO
National Association of Broadcasters
1771 N Street, N.W.
Washington, D.C. 20036
(202) 429-5430

/s/ Robert S. Foosaner (Foolsner)
Senior Vice President and Chief Regulatory Officer
Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, Virginia 20191
(703) 433-4141
May 3, 2004
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http://svartifoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6516182946

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