EWA Supports Retention of Rebanding Cost Reimbursement Decisions
On April 3, 2006, EWA filed Reply Comments in response to an earlier filing submitted by Sprint Nextel Corporation who has argued that 800 MHz incumbents should not be entitled to recover the costs associated with FCC de novo reviews of Recommended Resolutions filed by the Transition Administrator. Sprint Nextel asserted that the FCC already has imposed a disproportionate burden on it by obligating it to fund the legal costs of incumbent licenses during the Alternative Dispute Resolution (ADR) process.
In its filing, EWA noted that an “incumbent whose cost estimates are rejected by Sprint Nextel, thereby leading to a failure in the negotiation/mediation process, does not have an independent right to elect de novo review”, as referral of the mediator’s Recommended Resolution is automatic. Sprint Nextel has been aggressive in challenging incumbent cost estimates during the negotiation and mediation process, and mediators have advised incumbents that a failure to reach a negotiated settlement will result in them paying their own costs should the matter be referred to the Commission. According to EWA, the prospect of having to do so could be “decisional for incumbents”, many of whom having no budget to support such efforts even if they are confident that their estimates are valid. EWA stated that this issue “provides a significant negotiating advantage to Sprint Nextel, which is well-represented by both internal and external counsel.”
As long as the incumbent’s costs are reasonable, prudent and necessary, Sprint Nextel has an obligation to reimbursement them. Finally, EWA noted “nowhere in the 800 MHz Order, the Supplemental Order or the Memorandum Opinion and Order does it state, or even suggest, that this obligation ends at any particular stage of the negotiation or mediation process.”
FCC Postpones Negotiation Schedule for Waves 2 and 3 …
TA Sets Deadlines for Planning Funding Requests
An important component of the 800 MHz band reconfiguration is the relocation of the National Public Safety Planning Advisory Committee (NPSPAC) assignments from their current spectrum position at 821-824 MHz and 806-809 MHz. The individual NPSPAC licensees will relocate on a region-by-region basis in four waves, as determined by the 800 MHz Transition Administrator, LLC (TA).
On January 31, 2006, the Bureau asked the TA to assess whether adjustments should be made to the start dates of future reconfiguration negotiation schedules. After conferring with the industry, the TA recommended postponing the start date for the Frequency Reconfiguration Agreement negotiation periods for channels in the NPSPAC regions in Wave 2 and Wave 3.
On April 7, 2006, the TA announced deadlines for licensees choosing to submit a Request for Planning Funding (RFPF). By adhering to these deadlines and the TA’s revised RFPF process, licensees and Sprint Nextel will have the appropriate time within the negotiation windows to negotiate a Frequency Reconfiguration Agreement.
The deadlines by Wave and Stage are as follows:
RFPF Deadlines Channels 1-120
Wave 3, Stage 1 May 15, 2006
Wave 4, Stage 1 July 1, 2006
The TA also adjusted the Voluntary Negotiations start dates for NPSPAC licensees in Wave 2, Stage 2 and Wave 3, Stage 2.
NPSPAC Voluntary Negotiations
Wave 2, Stage 2 August 1, 2006
Wave 3, Stage 2 November 1, 2006
Wave 4, Stage 2 February 1, 2007
- · Revisions have been made to the required RFPF Form and Statement of Work available on the TA’s website at http://800ta.org/content/documents/rfpf_forms.asp. All licensees submitting an RFPF after April 7, 2006 are strongly encouraged to use the newest version of the form (version 2.5). Any submission received after May 15, 2006 must use this version.
- · Online Webinars are available through the TA and cover various topics, including the RFPF process. For more information on these and other TA resources, visit the TA’s website at www.800TA.org.
CEO Council Calls for Spectrum Policy Overhaul
According to a report entitled "Freeing Our Unused Spectrum: Toward a 21st Century Telecom Policy," presented by the Technology CEO Council, spectrum policy should more readily accommodate future wireless technologies and current spectrum use by government, businesses and other organizations should be optimized. Members of the Technology CEO Council include Motorola, Hewlett-Packard Company, Unisys Corporation, NCR Corporation, Intel, IBM Corporation, Dell Inc., Applied Materials, Inc., and EMC Corporation.
The Council presented a 10-point plan to revamp spectrum policy to reflect new technologies and drive economic growth productivity through new wireless services and may reviewed online at their web site www.techceocouncil.org.
"Our nation’s wireless needs are too often governed by outdated regulations that hinder economic progress and innovation," said Edward Zander, chairman and CEO of Motorola, Inc. and Chairman of the Technology CEO Council. "We need to re-think our approach to radio spectrum to bring our national policy into the wireless era and ensure that spectrum is available for entrepreneurs, innovators and first responders."
The plan calls for:
- Analysis of the spectrum bands to determine which are being put to their highest and best use and which are not being used efficiently
- Evaluation and auction or reallocation of commercial bands
- Reduction of service and technological restrictions on wireless licenses to promote the best use of such licenses
- The use of two-sided auctions and auction vouchers
- Government and commercial spectrum to be set aside for experiments on public safety spectrum-sharing solutions
- Government funding to assist public safety and other government officials in deploying spectrally efficient and interoperable technologies
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