Explanation
Background: The City of Columbus holds a Federal Communications Commission (FCC) radio license in the 800 MHz frequency band for public-safety communications. Pursuant to Order by the Federal Communications Commission Docket No. 02-55 (800 MHz Report and Order) , all public safety systems operating in the 800 MHZ band, including the City of Columbus and users of its radio system (approximately 120 outside agencies), must move from their current 800 MHz frequency spectrum to a new dedicated spectrum allocated for Public safety users only. This will eliminate interference currently being caused by Nextel and other commercial wireless systems sharing the same frequency band. This nation-wide project is referred to as the 800 MHz Rebanding Process.
The FCC appointed an independent entity, the 800 MHz Transition Administrator (TA), to oversee the reconfiguration process. The TA will not only manage both the administrative and financial aspects of the reconfiguration, but it also will establish a relocation schedule, approve cost estimates/reconfiguration contracts, and facilitate the resolution of any disputes that may arise. The TA developed a regional prioritization plan and divided the country into 4 "waves". Those states in the first "wave" have already began the reconfiguration process. The state of Ohio is included in the fourth "wave" and is set to begin rebanding activities in April, 2006.
The FCC further has ordered Nextel to pay all the funding relocation costs for affected licensees. The terms of each reconfiguration contract must be negotiated between each federal licensee (the City) and Nextel. The cost associated with the negotiation include the use of outside counsel. The contract will be reviewed and subject to approval by the TA to ensure that cost are reimbursable by Nextel.
This ordinance authorizes the City Attorney to enter into an agreement for special legal counsel services with the law firm of Shulman, Rogers, Gandal, Pordy & Ecker, P.A. to negotiate, draft and finalize the appropriate reconfiguration contract with Nextel for approval by the TA. The firm is based in Washington, D.C. and is already representing dozens of licensees in the first wave of the rebanding negotiations, including the State of Kansas, the City of Denver, and major airlines. The firm's telecommunications law group is led by Alan Tilles, a partner with over 20 years in the land mobile radio industry, who has negotiated rebanding agreements previously, and was intimately involved the drafting of the 800 MHz Consensus Plan, which led to the FCC's 800 MHz rebanding order.
Due to the complex, costly and time consuming procedures associated with the Rebanding Process and the public safety concerns affected by reconfiguration, it is in the best interest of the City to obtain special counsel with particular expertise in this legal field to represent the City in the negotiation of the rebanding agreement with Nextel.
Fiscal Impact: Funds do not need to be specifically budgeted for these services. There is no cost associated with this ordinance because the City will elect to have the law firm's compensation paid directly to the firm by Nextel and/or the Transition Administrator (TA) on the City's behalf at the end of the project. The firm will assume the risk of payment through Nextel and/or the TA. The aggregate amount of legal fees are determined by the final reconfiguration agreement negotiated with Nextel according to the reimbursement guidelines established by the TA.
Emergency action is requested so that time-sensitive rebanding work may proceed without delay.
Title
To authorize the City Attorney to enter into an Agreement for special legal counsel services with representatives of the law firm of Shulman Rogers Gandal Pordy & Ecker, P.A., in connection with rebanding negotiations with Nextel Communications, and to declare an emergency.
Body
Whereas, it is necessary for the City to obtain special counsel services to negotiate, draft and finalize the appropriate reconfiguration contract with Nextel for approval by the TA; and
Whereas, the law firm of Shulman, Rogers, Gandal, Pordy & Ecker, P.A. has a telecommunications law group who specializes in such work; and
Whereas, the FCC-mandated rebanding of the 800 MHz public safety radio system which will be a difficult and time-consuming process and it is vital that the City obtain legal counsel that is familiar with the changes and updates on the rebanding process, has previously negotiated rebanding agreements for other jurisdictions, and is knowledgeable about the TA's procedures and policies to ensure the City is properly compensated by Nextel.
Whereas, an emergency exists in the usual daily operations of the City in that it is immediately necessary for the public peace, health, safety and welfare of the City to enable the City Attorney to enter into a contract for such services so that the rebanding work may proceed without delay; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1. That the City Attorney be authorized to enter into a contract with the law firm of Shulman, Rogers, Gandal, Pordy & Ecker, P.A. for special legal services in connection with the rebanding process.
Section 2. That no funds shall be expended for this contract.
Section 3. That the provisions of Chapter 329 of the Columbus City Code relative to the procurement of professional services are hereby waived being deemed to be in the best interest of the City for the reasons that this contract requires specialized legal knowledge and experience. See attachment
Section 4. That for the reasons set forth in the preamble hereto which is incorporated as if fully restated herein, this ordinance is hereby deemed to be an emergency measure and shall take effect and be in force from and immediately after its passage and approval by the Mayor, or ten (10) days after passage if the Mayor neither approves nor vetoes the same.