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Wavelengths
Rebanding ball is in FCC's court --
and people are watching
By Donny Jackson
May 4, 2007
It seems hard to believe that we're just two months short of the
three-year anniversary of the FCC's controversial order that called for
Nextel Communications -- now Sprint Nextel -- to pay for rebanding the
800 MHz frequencies to alleviate interference with public-safety
communications systems.
Perhaps more unbelievable is the fact that not a single public-safety
licensee has been rebanded during this time; in fact, none are even
scheduled to move to their new frequencies, even though the two-year
mark of what was supposed to be a three-year project is just eight weeks
away. And no scheduling will begin until the FCC acts on a joint letter
from public safety and Sprint Nextel asking that the Transition
Administrator be authorized to establish a revised timetable, which
likely will extend rebanding at least two additional years.
Historically, the FCC has not acted quickly on rebanding items. Appeals
to the commission have taken months, and the FCC still has not
determined whether Sprint Nextel fulfilled its rebanding obligations as
of the 18-month benchmark, which passed more than four months ago.
And those outside the typical rebanding circle are watching. AT&T
Mobility -- formerly Cingular Wireless -- recently filed a letter with
the FCC stating that it is "indisputable that Sprint Nextel failed to
comply" with the 18-month obligations in the order. The letter also
expressed concern with the lack of progress in rebanding and the lack of
focus on the unresolved problem.
"Interference in the public-safety band seems to be lost in the
discussion," said Brian Fontes, AT&T Mobility's vice president of
federal relations. "What seems to be the discussion now is, 'Can we get
a delay? Can we get this? Can we get that?' There's no discussion
anymore on the urgency to eliminate interference."
Now, skeptics will argue that you have to consider the source -- a
competitor in the cutthroat wireless industry that probably would like
nothing better than to see the FCC hit Sprint Nextel with some severe
sanctions that could give AT&T Mobility a business advantage. In
addition, AT&T Mobility and other wireless carriers opposed the
rebanding order, stating that the 1.9 GHz spectrum that the FCC used as
a carrot to get Nextel to accept the deal should have been auctioned to
the highest bidder.
Sprint Nextel, which coincidentally asked the FCC to revisit cost and
negotiation guidelines in the order on the same day that AT&T Mobility
filed its letter, declined to comment on the AT&T Mobility filing.
However, a company spokesman told MRT it is "curious that [AT&T
Mobility] has spent years dismissing the concerns of public safety on
interference ... and now they suddenly have an interest in interference
as a public-safety issue."
Regardless of AT&T Mobility's motives, it's difficult to argue against
its assessment that the urgency to alleviate interference to
public-safety systems that was evident three years ago has been lost in
a lawyer-heavy process that has not resulted in any public-safety
rebanding to date. In 2004, many questioned whether we could wait even
three years to address the problem without having interference result in
the death of a first-responder or a citizen. Today, an extension of two
years or more is discussed in a matter-of-fact manner that belies the
urgent need cited in the FCC's 2004 order.
There's plenty of blame to go around among all the players involved. But
rather than pointing fingers, action needs to be taken by all involved
parties to get this massive project on track (1) to resolve the
interference and (2) so elected officials don't cite the rebanding
experience as a reason to slam the door on other opportunities critical
to public safety.
After all, at its core, rebanding is a public-private partnership that
is supposed to meet a perceived need of public safety (in this case,
alleviating interference) through a negotiated agreement between a
commercial entity and a public-safety licensee -- the same formula
touted as the way to provide a nationwide broadband network for public
safety in the 700 MHz band.
Such negotiations in the rebanding process have been an abject failure,
as few deals have occurred without mandatory mediation. For a commercial
wireless carrier, 1.2% is an acceptable dropped-call rate; as a rate of
completed deals -- as in NPSPAC Wave 3 -- 1.2% is a pathetic figure. It
also should be a red flag to federal officials that negotiated deals
between the vastly different public and private cultures are much easier
said than done.
Thus, for Chairman Kevin Martin and the rest of the FCC, the next move
is critical, and not just because of its impact on rebanding. Some FCC
commissioners have said the agency should be actively involved if a
public-private model is adopted for a nationwide broadband network.
If the FCC is too tough on Sprint Nextel in enforcing the rebanding
agreement when the company claims that the delays have been beyond its
control, would any commercial operator want to enter into a
public-private partnership with public safety on a nationwide broadband
network? On the other hand, if the FCC grants Sprint Nextel's requests
for an effective extension without any penalty, public-safety entities
justifiably would view any buildout requirements associated with such a
network with skepticism.
Martin and his fellow commissioners have to walk a tightrope to satisfy
everyone on this front, and they need to choose their direction sooner
rather than later. Because, while there are many rebanding items in
dispute, no one is arguing that interference in the 800 MHz band has
been alleviated to date.
And that's what this was supposed to be about, right?
E-mail me at djackson@mrtmag.com.
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In the news
TA:
Rebanding mediation necessary for 255 Wave 3 NPSPAC licensees
By Donny Jackson
May 4, 2007
Almost 99% of Wave 3 NPSPAC licensees operating in the
800 MHz band had to enter mediation proceedings this week because they
had not finalized a rebanding agreement with Sprint Nextel, according to
the 800 MHz Transition Administrator (TA).
NENA, APCO sign
next-gen 911 planning agreement
By Donny Jackson
May 4, 2007
The National Emergency Number Association (NENA) and the
Association of Public-Safety Communications Officials (APCO) this week
announced a joint agreement regarding next-generation 911 systems
migration and transition planning.
Sprint Nextel
continues to lose iDEN customers
By Donny Jackson
May 2, 2007
Sprint Nextel lost more than 700,000 traditional iDEN
customers while registering a $211 million loss during the first
quarter, offsetting growth in other sectors of the wireless carrier's
business, corporate officials said today during the company's earnings
conference call.
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