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

From: [email-masked]
Date: Fri, 14 May 2004 16:00:17 EDT

There are two conflicting statutory regimes in play with respect to the 
Consensus Parties' Proposal and the CTIA/Verizon Wireless Compromise Proposal.  
Thie first is Section 316 which empowers the Commission to modify 
already-exisiting licenses if it considers such modification to serve the public interest, 
convenience and necessity.  The second is Section 309(j) which, if consistent 
with the requirements of paragrpah (6)(E), requires the FCC to grant initial 
licenses by a competitive bidding procedure where it has acccepted mutually 
exclusive applications.

The basic issues are whether (1) an allocation of 1.9 or 2.1 GHz band 
spectrum would represent replacement spectrum for already-exisiting licenses or the 
grant of an initial license with respect to which mutual exclusivity exists; 
and (2) if such allocation would represent replacment spectrum whether it can be 
exclusive to one company.

To be continued.

P. Waugh