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10 lies about Rebanding |
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Lie #1: |
I haven’t
had any interference problems, so I don’t have to move. |
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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.
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Lie #2: |
This
won’t happen for years, so I can ignore it. |
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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: |
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Conduct a system inventory |
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Update your radio and user lists |
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Assess your staff to decide whether
you need outside contractors to help |
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Talk to your users, and prepare
them for the change on the horizon |
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Identify and contract the vendors
you will need, including attorneys, engineers, and project managers |
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Develop plans to limit disruption
(such as reprogramming radios at shift changes) |
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Use this time wisely to build
a successful foundation for your project. Click here
to download a retuning checklist. |
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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. |
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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)
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Lie #4: |
I don’t
care what the feds say, I am not going to move. |
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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. |
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Lie #5: |
I can’t
be off-air for a second, so I need to construct a fully redundant
system. |
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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. |
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Lie #6: |
My radios
can’t be retuned, so they’ll all have to be replaced.
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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.
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Lie #7: |
There is a set maximum fee of $40 per radio for retuning. |
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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.
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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?
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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. |
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Lie #9: |
My system
can’t be retuned. It’s just too complicated. |
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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.
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Lie #10: |
The only lawyer fees which are recoverable are for contract review. |
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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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