<%@LANGUAGE="JAVASCRIPT" CODEPAGE="1252"%> 800MHz Rebanding Resource
Shulman Rogers Gandal Pordy & Ecker, P.A.
             
Top 10 lies about Rebanding    
  Lie #1: I haven’t had any interference problems, so I don’t have to move.    
  Truth:

The FCC order is designed to “reshuffle the deck” to prevent interference from occurring, so many licensees nationwide will have to move. If you operate in the current NPSPAC band (866-869/821-824 MHz) will be required to move “down” 15 MHz, and every licensee in the first 150 channels of the General Category Pool (851-853.9875/806-808.9875 MHz) will move “up” to the “middle” bands (854.0125-861.9875/809.0125-816.9875 MHz) to clear the way for public safety licensees. Licensees in the “middle” bands can stay where they are. Please note that the rebanding plan for the Canadian and Mexican Border Regions has not yet been negotiated with the respective neighboring governments. Click here to find out more about the new 800 MHz band plan.

 

   
  Lie #2: This won’t happen for years, so I can ignore it.    
  Truth: It is true that the mandatory relocation period in your region may not begin for some time. The Transition Administrator has now published a schedule, which will give you an estimate of when retuning will happen in your region. The process began for "Wave 1" licensees on June 27, 2005 (see the schedule for other waives). Even if your region will not start formal rebanding anytime soon, the time to start planning is now, because a successful system retune requires attention to detail, careful planning and crisp execution. Once you receive a rebanding notice from the Transition Administrator, you'll have only a brief period of time to negotiate (three month voluntary negotiations, three month mandatory negotiations). Many municipalities take that long just to hire outside consultants, so you'll want to be ready to go prior to receiving the notice. You have nothing to lose and much to gain by planning ahead. You should develop a detailed game plan before you take the field. Starting now, you can:    
    Conduct a system inventory    
    Update your radio and user lists    
    Assess your staff to decide whether you need outside contractors to help    
    Talk to your users, and prepare them for the change on the horizon    
    Identify and contract the vendors you will need, including attorneys, engineers, and project managers    
    Develop plans to limit disruption (such as reprogramming radios at shift changes)    
    Use this time wisely to build a successful foundation for your project. Click here to download a retuning checklist.    
  Lie #3: As a public safety licensee, I need to move out of the Expansion Band (815/860.0125 to 815/860.9875 MHz) because I will not receive interference protection to the same extent as lower frequencies.    
  Truth:

While public safety licensees have the option of moving out of the Expansion Band (other licensees do not) all licensees in the Expansion Band receive the exact same interference protection as licensees on frequencies below 815/860 MHz. The interference protection rules provide less protection for operations at 816/861.3 MHz and up. (Please note that the Expansion Band is different in the Southeastern part of the United States, in those markets where SouthernLinc has operations as 812/857.5 to 813/858.5 MHz)

 

   
  Lie #4: I don’t care what the feds say, I am not going to move.    
  Truth: If you are in the impacted group of licensees, you won’t have a choice. The Commission has established both voluntary and mandatory negotiation periods for affected licensees. All licensees are required to act in good faith during negotiation. If you refuse to cooperate in the process, you risk having your license revoked. Some may recommend that you to stand pat or ignore the Transition Administrator letters while others try to fight in court, but you will do so at your own peril.    
  Lie #5: I can’t be off-air for a second, so I need to construct a fully redundant system.    
  Truth: Hundreds of 800 MHz radio systems (including mission-critical public safety and utility systems) have been retuned without a fully redundant system or redundant subscriber units. You will probably need some additional components (such as extra repeaters or combiners to “bridge” the retune period), but Nextel will loan out this equipment during the retune. Thus, most licensees will not need a redundant system. However, the FCC Rules provide that if a redundant system is the only course to ensure no downtime for your operations, then you are entitled to have that redundant system.    
  Lie #6: My radios can’t be retuned, so they’ll all have to be replaced.    
  Truth:

A few of the oldest radios will have to be replaced, but most radios can be recrystalized or reprogrammed to your new frequencies. If some of your radios must be replaced, you will receive replacements (usually professionally reconditioned units) or the money to replace them yourself. However, be aware that as of this time there is no agreement between Nextel, the Transition Administrator and the various manufacturers as to which radios must be replaced, and this issue is presently being discussed. Motorola has recently created an 800 MHz information web site, which includes a listing of Motorola radios which must be replaced, and which may be reprogrammed. All Motorola radios operating on NPSPAC frequencies will, at a minimum, require new software. See Motorola's presentation on which radios will need replacing here. Certain M/A-Com radios that have been operating on NPSPAC frequencies will also have to be replaced.

 

   
  Lie #7: There is a set maximum fee of $40 per radio for retuning.    
  Truth:

While it is certainly true that a number of licensees have estimated their costs to be $40 per radio, there is nothing in the FCC's Rules, or the Transition Administrator's guidelines, that sets a maximum fee for any part of this process. Rather, consideration must be given to the circumstances at hand. Are these portable radios, which do not require software upgrades, that can be easily delivered to the place where work will be performed in a market where the labor rate is fairly low? If so, $40 may be an entirely appropriate fee. In other cases, situations where mobiles must be removed from vehicles, radios requiring software upgrades, necessary travel to locations where mobiles are moved at stationary locations, etc. may dictate different cost estimates. Here's where the value of experienced negotiators can be of tremendous assistance to you, at no cost to you.

 

   
  Lie #8: I don’t want someone else’s techs sent from off of the street touching my equipment. Who knows what they’ll mess up?    
  Truth: No one will touch any of your equipment without your permission. You have the right to select the technicians who complete your retuning, and you can choose to use your own employees, outside contractors, or a combination of both. You will be reimbursed for all costs, and reimbursement will be at market rates, so contractors will want your business.    
  Lie #9: My system can’t be retuned. It’s just too complicated.    
  Truth:

Nextel has successfully retuned some of the largest, most complicated radio systems in the country, including large, multi-agency county and regional public safety systems, regional SMR providers, and the country’s largest electric utilities (although this will be a first in moving NPSPAC frequencies down to the old General Category channels). While large systems add significant complexity, any system can be retuned. This is not to make it sound as if the process is easy. Rather, it is complicated for large systems, and cannot be haphazardly performed. Further, public safety agencies with interoperability agreements with neighboring jurisdictions will need to plan their retunes carefully to ensure no downtime. Thus, if you have a large, complex system, it is important that you have sound professional and technical advice.

   
  Lie #10: The only lawyer fees which are recoverable are for contract review.    
  Truth: You are entitled to counsel. And you are entitled to have costs for reasonable counsel services covered by Nextel. This goes beyond mere contract review. Rather, the proper role of counsel is to assist you in various aspects of this process. For example, experienced counsel should assist you in ensuring that all of your costs are inserted into your cost estimate. Similarly, preparation of your rebanding applications by experienced licensing folks working for law firms, and assistance with your closing and receipt of payments, is an important part of counsel's work for you, and represent recoverable fees. However, you should be aware that the selection of attorneys unfamiliar with Part 90, and rebanding in particular, may result in non-recoverable fees, particularly where the attorney wishes to spend time and resources "getting up to speed." Thus, the selection of counsel experienced in this process is crucial.    
             
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