FCC Likely to Reach Unanimous Decision On Nextel Spectrum By MARK WIGFIELD DOW JONES NEWSWIRES May 18, 2004 8:46 p.m. WASHINGTON -- Federal Communications Commission Chairman Michael Powell is likely to get unanimous support from his fellow commissioners on a tough decision affecting wireless provider Nextel Communications Inc. FCC commissioners appear willing to follow Mr. Powell's lead on how best to eliminate Nextel's growing problem of creating interference with critical public-safety radio, according to several people familiar with matter. One reason for the support is the decision raises none of the ideological flags that have divided the FCC in the past, but is purely a commercial matter. A decision hasn't been finalized. But Mr. Powell's real problem comes from the wireless industry itself, which has been united against a solution proposed by Nextel -- a solution whose outlines gained traction at the agency. Any plan deemed to give one side an advantage is bound to be greeted by lawsuits. A decision has been anticipated at the agency for months, but Mr. Powell has been willing to wait so that the companies can come closer to a consensus. The problem the commission is trying to solve is that the spectrum Nextel uses to carry its phone calls is mingled with that used by police, fire and other emergency response radios. The result: Mobile-phone conversations interfere with emergency radio. Nextel more than two years ago floated a plan to segregate the wireless and public-safety uses in the 800-megahertz band. The company proposed paying some $850 million to move public-safety radio transmitters to the lower portion of the band, and giving up some its airwaves. In return, Nextel wants 10 MHz of spectrum in the 1.9-gigahertz band -- the band used by the majority of wireless carriers. That plan has been bitterly opposed as a spectrum grab by the rest of the industry through its trade association, the Cellular Telecommunications and Internet Association, or CTIA. The spectrum in the 1.9-GHz band represents the last large chunk of clear spectrum covering the entire nation. It is seen as so valuable for wireless voice and data that Verizon Wireless, a partnership between Vodafone Group PLC and Verizon Communications Inc., told the FCC it would pay at least $5 billion for the airwaves. Verizon Wireless has been lobbying heavily against Nextel. The CTIA says Nextel should get the extra spectrum it needs in a slightly different neighborhood, the less-valuable 2.1-GHz band. But the trade association has moved far from its original position, which originally called for Nextel to simply restructure the 800-MHz band without any new spectrum. Now the pressure seems to be on Nextel. Both Mr. Powell and fellow Republican Kathleen Abernathy have expressed interest in providing spectrum for Nextel in the 2.1-GHz band -- a move Nextel bitterly opposes. The company argues that calls don't carry as well at 2.1 GHz. Nextel says it would have to special-order chips and transistors for its handsets, rather than buy off-the-shelf components widely used by 1.9-GHz equipment. Nextel also notes that its wireless competitors already occupy parts of the 2.1-GHz band with so-called microwave links that transport bulk cellphone traffic to telephone networks. The links would have to be relocated, "giving Nextel's competitors the opportunity to directly affect the cost of and time it takes to clear this spectrum," the company told the FCC in a filing. But one analyst is puzzled by Nextel's continued opposition to the 2.1-GHz compromise. "Maybe there is a 5% difference in the fundamental propagation characteristics' between 1.9 and 2.1 GHz, says Charles Jackson, a telecom industry consultant, electrical engineering professor at George Washington University, and former FCC official who worked on spectrum issues. Mr. Jackson also says production costs for 2.1-GHz handsets "should be very, very close" to 1.9-GHz phones. He questioned whether Nextel's position was simply a bargaining posture. Another spectrum consultant, Peter Cramton who runs an auction service called the Spectrum Exchange, says moving the microwave incumbents in 2.1 "is not a big deal." "There are rules in place for relocation," says Mr. Cramton, who also is an economist at the University of Maryland. "It's very do-able." Nextel spokesman Tim O'Regan, says the company's complaints are real. "It is not any one particular thing" about 2.1 GHz, says Mr. O'Regan. "It's an accumulation of things that make 2.1 undesirable, and 1.9 a much better fit." Wireless analyst George Dellinger of the firm Washington Analysis agrees there are disadvantages for Nextel at 2.1 GHz. And he believes the company's willingness to both move its 800-MHz operations to eliminate interference and pick up the tab for moving the public safety community puts it in a powerful position at the FCC. "I've been saying that Wall Street underestimates the premium the FCC puts on public safety, and underestimates the position Nextel is in," Mr. Dellinger says. "The government needs Nextel more than Nextel needs the government." The FCC continues to work through a number of technical issues in the matter, including valuation of spectrum in both frequencies. Write to Mark Wigfield at mark.wigfield@xxxxxxxxxxxx ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.