FCC Memorandum Opinion and Order of de novo review from Wave 1, Phase 1 Mediation

The FCC recently released a Memorandum Opinion and Order in the matter of Montgomery County and Sprint Nextel 800 MHz Rebanding Mediation. This document should be read by all Public Safety organizations who are currently going through the rebanding process as it provides a window into the thought process of both Sprint Nextel and the FCC. (Click here to for a copy of the FCC's O. & O.)

As you can see from reading the O. & O., RCC was deeply involved in helping Montgomery County throughout the rebanding process. If you've been reading this blog, you know that RCC's approach to rebanding puts the needs of Public Safety first and focuses on developing a strategy for the 800 MHz Rebanding and a rebanding plan and rebanding estimate to implement that strategy.

The rebanding plan is designed to assure the licensee of a disruption free transition to comparable facilities. In support of this plan, RCC has long emphasized putting together an overwhelming record of facts and analysis in support of the rebanding plan. As you can see from the O. & O., no activity is too small to be challenged by Sprint / Nextel, so you must be prepared to provide support for all elements of the rebanding plan and of the rebanding estimate.

RCC can attest from working with Montgomery County and many other Organizations that creating this overwhelming record is not easy and takes time and both technical expertise and business sense. However, quotes from the O.& O. such as "The County has sufficiently explained the factors that entered into its analysis and Sprint's arguments in rebuttal are not persuasive" show the value of creating this record.

Please take the time to read the opinion and order as it should be very helpful to all Public Safety agencies. As always, feel free to contact us at reband@rcc.com should you want a more detailed explanation of the impacts that this may have on your rebanding efforts.

800 MHz Transition Adminstrator, LLC Quarterly Reports

Well, the 800 MHz T.A. has issued its quarterly reports for 6/30/06 and 9/30/06. You can download a copy here. Lot's of information to digest but at first glance, I don't see any information on cash flow to licensees (would be very interesting to see how much has been paid out so far). You can see there has been 54 million in T.A. fees and 3.5 million in BearingPoint fees (non-TA) from Nextel for six months.

As we read it more carefully, I'll be sure to give you more of our thoughts.

Wave 3, Stage 2

The FCC issued a release yesterday announcing that the reconfiguration for Wave 3, Stage 2 licensees will start on November 1, 2006. That date is also the deadline for submitting RFPFs.

Where is the 2nd Quarter T.A. Report?

Has anyone seen the 2nd Quarter T.A. Report??? According to an article in the October 6th, MRT Bulletin, sources were quoted as saying that the report was in the commissions hands for a few weeks. They speculate that the news can't be good if the commission is not releasing the report. As soon as it comes out we will have a short analysis of the report and any implications.

FCC Extends Wave 1 Negotiations Extension

The FCC extended the mandatory negotiation period for NPSPAC licensees from July 31, 2006 to October 31, 2006.

The revised timelines are shown below.

Mandatory Negotiations: May 1, 2006 - October 31, 2006
Alternative Dispute Resolution: November 1, 2006 - December 14, 2006

The FCC also indicated that this extension would not affect the overall schedule and deadlines fir the 800 MHz Reconfiguration (although it is hard to still believe that more extensions will not follow for other waves/stages).

Great article on 800 MHz Rebanding

Liz Sachs wrote a very nice article in the April 2006 Mission Critical Communications magazine regarding the 800 MHz rebanding process. It highlights several "warning signs" of the contentious nature of the process, specifically the repeated statements by the FCC and TA that nay money spent planning for or implementing system reconfiguration would be "at risk" for reimbursement unless and until approve by Sprint Nextel and the TA.

Also noted in the article is the frustration of many licensees on the amount of discussion and hoops that incumbents have to go through for their cost estimates.

Here are several interesting quotes from the article:

* "The emphasis on the "at-risk" rule probably was the first warning sign that the process might prove more contentious than anticipated. The FCC and the TA repeatedly advised incumbents that any money spent planning for or implementing system reconfiguration would be "at risk" for reimbursement unless and until approved by Sprint Nextel and the TA."

* "...many incumbents heard the message as meaning that they wouldn't necessarily be reimbursed for all costs as promised by the FCC, but only for those approved by Sprint Nextel and the TA.

* "The problem was exacerbated by the hyper-analytical methodology applied to the estimated costs that incumbents must have approved as part of their frequency reconfiguration agreements or planning funding agreements."

* "Because they will be documented, reconciled, and perhaps even audited at the tru-up before closing, many incumbents are bewildered and frustrated by the time and costs being devoted to counting these "angels on the head of a pin""

* "Unless Sprint Nextel or the TA or both believe that incumbents plan to pad documented expenses by including work that was not done, overstating the number of hours worked, or some other fraudulent means, and hope to forestall that by challenging the figures in advance, it is difficult to understand the purpose of the cost-estimation gauntlet incumbents are forced to run."

* "There is something mightily wrong with the process if almost 100 Wave 1 channel 1 - 120 incumbents were not able to reach agreements with Sprint Nextel and ended in mediation"

I could go on and on, but you should get a copy of the April 2006 MissionCritical Communications magazine and read the entire article. You'll be glad you did.

Interesting Filing from the Enterprise Wireless Alliance

This is a very interesting filing from the Enterprise Wireless Alliance regarding Nextel's opposition to the argument that 800 MHz incumbent licensee is entitled to recover cost beyond mediation. Click here to review this filing

The filing does an excellent job of highlighting the issues with Nextel's assertions. Please read this filing and understand its implications for you. Feel free to contact RCC if you would like to discuss the implication for you! This is an important issue and if you feel strongly on it, we would suggest that you file comments of your own to the FCC.

Click here for instructions on how to file comments with the FCC.