Subject: [NEXTEL-1] 02-55 Ex Parte Meeting:Cinergy Corporation, ConsumersEnergy Company, Entergy Corporation and Entergy Services, Inc.,

From: Marcel <[email-masked]>
Date: Tue, 18 Mar 2003 15:50:10 -0500

Ex Parte Meeting
Cinergy Corporation, Consumers
Energy Company, Entergy Corporation and Entergy Services, Inc.,

 MCDERMOTT, WILL & EMERY

March 12, 2003
Marlene H. Dortch, Esq.
Secretary
Federal Communications Commission
445 Twelfth Street, S.W.
Washington, D.C. 20554

Re: Notice of Ex Parte Meeting: Improving Public Safety Communications in the
800 MHz Band, WT Docket No. 02-55
Dear Ms. Dortch:

Pursuant to Section 1.1206(b)(2) of the Commission's Rules, this is to notify you that
Shirley S. Fujimoto and Jeffrey L. Sheldon, representing Cinergy Corporation, Consumers
Energy Company, Entergy Corporation and Entergy Services, Inc., met with Michael Wilhelm,
Karen Franklin, Brian Marenco, and John Evanoff, of the Wireless Telecommunications
Bureau,
to discuss the issues in the above-referenced docket.

We discussed the positions advanced by these utility companies in their written
comments and reply comments in this proceeding, and in particular the severe disruption
that
would be caused in the 800 MHz band were the FCC to adopt the so-called "Consensus Plan"
filed by Nextel and other parties. We pointed out that other proposals have been advanced
in the
docket that would lead to more immediate mitigation of interference to Public Safety radio

systems and that some of these proposals could be adopted whether or not rebanding is
adopted.
To the extent the FCC determines that the costs and disruption of rebanding are justified,

we noted that such realignment could be accomplished entirely within the 800 MHz band
through procedures comparable to those used in the relocations in the 2 GHz PCS band and
the
upper 200 SMR channels. We noted, by way of example, the suggested rule language included
in
the appendices to the Supplemental Comments of Cinergy Corporation, filed February 10,
2003,
in this docket. These appendices, copies of which are attached hereto, include provisions
for
proactive measures to prevent interference, strict procedures for resolving interference,
and a
market-based transition plan that would realign the 800 MHz band in a manner consistent
with
that of the Consensus Parties but without depending on a "voluntary" and unenforceable
funding
commitment, an arbitrary limit on funding, or a cumbersome and unlawful delegation of
authority to a "relocation coordination committee."

We pointed out there is no need to reward Nextel with additional spectrum and that the
value of Nextel's spectrum holdings would likely increase by a significant amount even if
realignment is confined to the 800 MHz band. We noted a recent estimate by Legg Mason that

the value of Nextel's 800 MHz spectrum would increase by $1.3 Billion, even after
deducting its
$850 million "contribution" to incumbent relocation, if Nextel were to receive contiguous
nationwide spectrum in the 800 MHz band through realignment. (This information was cited
at
page 9, n.36, of the February 10, 2003, Comments of Alltel, et al. in this proceeding.) We
also
noted that there is no law or rule that prohibits Nextel, as a publicly traded company,
from being
subject to an open-ended liability, and in any event, a requirement to relocate incumbent
licensees would not create an "open-ended" liability but would, in fact, be no different
than the
relocation obligation imposed on other licensees (including Nextel) in other licensing
proceedings. (This point was further discussed at page 47 of the Supplemental Comments of
Cinergy Corporation, filed February 10, 2003).

Pursuant to the Commission's Rules, one copy of this notice is being filed electronically
with the Commission. If there are any questions concerning this matter, please let me
know.

Very truly yours,

/s/ Shirley S. Fujimoto
Shirley S. Fujimoto

cc: Michael Wilhelm
Karen Franklin
Brian Marenco
John Evanoff

http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6513782115

--
    "NEXTEL-1 IT'S NOT JUST NEXTEL"
  Note The New address
Subscribe to Nextel-1: http://www.groups.yahoo.com/subscribe/NEXTEL-1

  "NEXTEL2 FOR iDEN SOFTWARE DEVELOPERS"
Subscribe to Nextel2: http://www.groups.yahoo.com/subscribe/NEXTEL2

  "WIRELESS FORUM HOMELAND SECURITY GROUP"
     The Complete Resource for Wireless Homeland Security.
Subscribe to WFHSG:  http://www.groups.yahoo.com/subscribe/WFHSG

------------------------ Yahoo! Groups Sponsor ---------------------~-->
Your own Online Store Selling our Overstock.
http://us.click.yahoo.com/rZll0B/4ftFAA/46VHAA/61FxlB/TM
---------------------------------------------------------------------~->

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/