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 of 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 agenies), 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 commerical 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 begun the reconfiguration process. The state of Ohio is included in the fourth "wave" and began 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 City has already obtained outside counsel to negotiate, draft and finalize the appropriate reconfiguration contract with Nextel for appproval by the TA. See, Ord. 1793-2005 (Shulman, Roger, Gandal, Pordy & Ecker).
In addition, Nextel must pay for a licensee to obtain a qualified engineering consultant to assist in the actual reconfiguration, neg...
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