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800 MHz Rebanding Information

Monday, January 30, 2006

Below is an article from MRT's Wavelengths e-Newsletter that provides additional views on the current state of the 800MHz Rebanding Process. A link to the electronic version of the newletter can be found here.

MRT's Wavelengths

FCC needs to provide rebanding direction
By Donny Jackson

January 27, 2006

Next week, the Association of Public-Safety Communications Officials will conduct its annual Winter Summit, the same event where the Transition Administrator team unveiled its proposed schedule for 800 MHz rebanding.

During last year's meeting, the fundamental aspects of the FCC's rebanding order approved in July 2004 were reiterated -- licensees would relocate to new frequencies in an effort to rid the 800 MHz band of interference, especially interference hampering public-safety communications. Licensees were not supposed to bear any out-of-pocket expenses, as Nextel Communications (now Sprint Nextel) would pay all costs associated with relocation to "comparable facilities."

A year later, these premises must appear laughable to many licensees affected by rebanding. Interference is almost never discussed, and no licensee I've interviewed has received any indication that the costs associated with interference testing before and after rebanding -- to ensure that facilities indeed are comparable -- will be paid by Sprint Nextel.

Meanwhile, out-of-pocket expenses have become a grim reality for licensees in this process. Sprint Nextel says it has approved only four of the 28 planning-funding requests it has received thus far, some of which were filed more than five months ago. Without this funding, licensees are left with two less-than-ideal choices: Fund planning on their own and hope for reimbursement in the future, or halt rebanding plans altogether.

The former is not what the FCC envisioned, and the latter is bad for everyone -- including Sprint Nextel, which needs licensees to plan in a timely manner so that rebanding proceeds smoothly and the carrier does not risk losing the valued 1.9 GHz spectrum it is due to receive in the rebanding deal.

Mind you, these planning funds are subject to a true-up process, so any money disbursed to a licensee but not expended appropriately will have to be returned. But even TA Deputy Project Manager Brett Haan said, "As long as the costs are reasonable and prudent, I don't think there should be significant issues."

Nevertheless, having 85% of all planning-funding requests outstanding certainly is significant. Sprint Nextel says the planning requests submitted were "incomplete," while those representing public-safety licensees claim that the carrier is being too picky at a stage that doesn't warrant such detail.

"We're scrutinizing and auditing estimates," said Andy Maxymillian of Blue Wing Consultants. "I never dreamed there would be this much scrutiny over estimates. For the final payment, we all expect those to be audited and have to prove that ... but how do you prove an estimate?"

Carl Aron of RCC Consultants, which has numerous public-safety clients, said the FCC needs to make a statement that improving public-safety communications is the primary mission, not ensuring that Sprint Nextel does not have to pay more than the $2.5 billion allocated for rebanding.

"Nextel is treating its budget and the 1.9 [GHz spectrum] as if those purposes have equal dignity with public safety, which surely they do not," Aron said. "And I think the TA has, to some degree, fallen for that."

Of course, Sprint Nextel and the TA disagree with such claims. But Aron says Sprint Nextel's focus in rebanding negotiations is on reducing costs, even rejecting items public-safety licensees said they needed solely on the basis of expense. Without being privy to negotiations, it's hard to make judgments.

But one reality has existed from the beginning: rebanding is dependent largely on private negotiations between Sprint Nextel and public-safety licensees. And, typically, negotiations involve a give-and-take process that ultimately ends in compromise.

That formula works well in the business arena, but it may not be appropriate when discussing public safety, where the focus is on saving lives, not dollars. Should the government advocate a process that potentially results in a public-safety entity feeling it is obliged to accept a "compromise" communications system, upon which the lives of first responders and community residents depend? I don't think so.

With this in mind, it's time for the FCC to reaffirm that every aspect of rebanding is designed to improve public-safety communications -- the mission of the July 2004 report and order, based on its title -- and to take actions to ensure that this goal is met, regardless of the cost.

E-mail me at djackson @ prismb2b.com

Source: MRT's e-newsletter Vol 4 No 4 01/27/06

Saturday, January 28, 2006

Nextel Petitions For Reconsideration

FYI,

Nextel has submitted a Petition for Reconsideration asking that the FCC "reconsider its decision in the Memorandum Opinion & Order to expand the rights of non-Sprint Nextel, non-SouthernLINK Enhanced Specialized Mobile Radio (ESMR) and non-ESMR licensees."

Some of the main points Sprint Nextel state in the letter include:
  • The MO&O will reduce Sprint Nextel's post-reconfiguration spectrum and ignores the "Value for Value" principle established in the R&O
  • Expanding ESMR band relocation rights is not necessary to achieve the commision's public interest objectives
  • Expanding ESMR band relocation rights will create delay and uncertainty

The letter also mentions that there may not be sufficient spectrum to relocate all SMR and ESMR operations. It also expresses concern that the size of Wave 1, which includes as Sprint Nextel states "a disproportionate number of the most complex and congested markets in the country" will make it difficult for Sprint Nextel to meet the 18-month interim reconfiguration progress benchmark.

Click here for a copy of the Sprint Nextel Filing.

Monday, January 16, 2006

USA Today Highlights Issues with 800MHz Rebanding Process

The January 16th Issues of USA Today, on the front page of the Money section, has a good article on the issues of the 800 MHz Rebanding process.

The main points the reporter hightlights in my opinion are as follows:

  • Public safety officials and consultants largely blame cost disputes with Sprint Nextel
  • Sprint Nextel says the disputes were to be expected
  • The caveat that Sprint Nextel must pay the rebanding costs, even if it is more than the estimated $2.8 billion has prompted the company to dispute nearly all of the dozens of funding requests public-safety agencies have made and not even repond to many of them, says emergency responders and their biggest adviser, RCC Consultants.
  • Sprint Nextel denies pinching pennies
  • Public Safety agencies and RCC also assail the project's managers, led by BearingPoint. Despite netting more than $20 million in fees so far, the managers haven't closely monitored negotiations or prodded Sprint Nextel to be more responsive
  • BearingPoint's Brett Haan, who's overseeing the swap, said the managers "take the concerns of public safety very seriously and are working to makes sure the (project) is fast, fair and efficient."
  • The FCC is "looking into thesee issues," said spokesman David Fiske

RCC is pleased to see that many of the issues that we raised in our FCC filing (see www.rcc.com/rebanding for more information) are finally getting a more public viewing. We again encourage all those involved in the 800 MHz rebanding process to file comments as well. The more these issues are brought to light, the better the chances of resolving them become!

To read the complete USA Today article, click here.

As always, if you have any questions or comments, please email us at reband@rcc.com

Thursday, January 12, 2006

Letter from Public Safety Associations Expressing Concern With the 800 MHz Rebanding Process

Today the following Public Safety Associtions submitted a letter to the FCC expressing their grave concern with the status of the 800 MHz Rebanding process. Those associations are:

Association of Public-Safety Communications Officials-International
International Association of Chiefs of Police
International Association of Fire Chiefs
Major Cities Chiefs Association
Major County Sheriffs’ Association
National Sheriffs’ Association

Below are some of the key reasons that these associations have heard why the Request For Planning Funding process has stalled.

"We have heard many reasons why the Request for Planning Funding process has stalled, including :

• the lack of timely responses from Sprint Nextel to Requests for Planning Funding;
• the lack of clear guidance from the TA or established precedents to follow;
• a reconfiguration schedule that “front-loaded” heavily populated areas into the first wave;
• significant disputes between major vendors and Sprint Nextel regarding the cost and detail of proposed planning services;
• demands from Sprint Nextel that licensees provide extraordinarily detailed cost estimates, despite the estimates being “not-to-exceed” numbers with a “true-up” process;
• an apparent “disconnect” between Sprint Nextel and the TA regarding what is required or permitted in the Request for Planning Agreement;
• TA forms and procedures that have changed mid-stream;
• vendors who combined reconfiguration tasks into planning estimates or otherwise overestimated costs;
• an apparent lack of understanding by Sprint Nextel of the complexity of public safety systems and the need for detailed and properly managed planning for band reconfiguration;
• an apparent lack of personnel resources devoted by Sprint Nextel to the process;
• the inability of the TA to track negotiations; and
• insufficient knowledge of the process by public safety agency personnel.

Do any of these reasons sound familiar to you???

For a full copy of the letter, click here.

Thursday, January 05, 2006

How To Comment To The FCC

OK, so now you've decided that you want to provide the FCC with your own comments on the 800 MHz Band Reconfiguration. This post will detail the simple method for doing that. Please feel free to post a link in the comments to this post to your comments as well.


Comments to the FCC can be as simple or detailed as you want them to be. You don't have to write a long, detailed letter like RCC did. If you wish, you can just send them a brief letter stating your experiences so far with rebanding and your agreement (or disagreement) with the points mentioned in the RCC submittal.

Comments may be sent to the FCC either by mail or electronically. To send your comments electronically, go to

http://gullfoss2.fcc.gov/prod/ecfs/upload_v2.cgi

This allows to upload a document file in Word or PDF. The options is also available to send a paragraph or two by typing directly on the upload page. This allows even the most casual and brief comments to be on the record.
The FCC address to send comments via postal mail is as follows:

Ms. Catherine W. Seidel
Acting Chief Wireless Telecommunications Bureau
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Re: Status of 800 MHz Rebanding (WT Docket 02-55)

Why Comment on RCC's Filing to the FCC?

Those licensees and agencies should, in their own interest, consider indicating their support for (or disagreement with) the positions taken in the RCC Submission. The Commission is likely to give serious attention to the problems with the 800 MHz Rebanding that adversely affect public safety that are raised in the RCC Submission if and only if the public safety community indicates that:

  • It believes that RCC Submission has raised important issues in relation to the 800 MHz Rebanding that should be addressed by the Commission; and/or
  • It shares the concerns expressed in the RCC Submission about the manner in which the 800 MHz Rebanding has unfolded; and/or
  • It has experiences in relation to the 800 MHz Rebanding which support the concerns expressed in the RCC Submission; and/or
  • It supports some or all of the solutions proposed in the RCC Submission for the resolution of the problems identified in relation to the 800 MHz Rebanding.
RCC has a long and valued history working with public safety agencies. The RCC Submission was intended as a contribution to the protection of the interests of public safety licensees and agencies in relation the complex and critical 800 MHz Rebanding. RCC believes that that the RCC Submission was necessary to open a frank discussion of the problems with the 800 MHz Rebanding. RCC does not believe that the RCC Submission is alone sufficient to assure that the problems identified are addressed effectively in the interest of the public safety community .

A separate post will detail the process for submitting your own comments to the FCC

RCC Files Letter to FCC Offering Our Insights Into The Realities of the 800 MHz Rebanding Process.

On December 21, 2005, RCC filed a letter and memorandum with the Federal Communications Commission (the “Commission”) seeking to offer certain insights into the realities of the process of reconfiguring the 800 MHz Band. Click here for a copy of RCC's Filing.

800 MHz public safety licensees and public safety agencies using the facilities of those licensees should consider the RCC Submission. The RCC Submission raises certain problems in relation to effect of the administration of the 800 MHz Rebanding upon public safety licensees and users of 800 MHz public safety radio system. Those problems should be of concern to those licensees and agencies.

The message of the RCC Submission is four-fold:
  1. First, the state of the 800 MHz Rebanding should be considered in relation to its dedication to and achievement of the clearly stated purpose of the Commission in ordering that proceeding: “Improving Public Safety Communications in the 800 MHz Band”;
  2. Second, viewed from the perspective of improving public safety communications in the 800 MHz band, the 800 MHz Rebanding is in serious trouble;
  3. Third, all or substantially all of the many troubles plaguing the 800 MHz Rebanding have their origin in a loss of focus upon or an intentional departure on the part of critical participants in the 800 MHz Rebanding, and, in particular, the TA and Sprint Nextel from (i) the central purpose of the Commission in ordering the 800 MHz Rebanding or (ii) the means provided by the Commission for the achievement of that purpose; and
  4. Fourth, only more active oversight of the 800 MHz Rebanding by the Commission can return that proceeding to its original purpose and see to it that the troubles affecting the 800 MHz Rebanding are effectively addressed.

RCC would encourage you to read the following and potentially provide your own comments to the FCC regarding the position taken in the RCC filing. A separate post will be submitted with RCC's view on why commenting is important. A

As always, should you have any questions or comments, please feel free to contact us at reband@rcc.com