Personally, I favor the very "professional" viewpoint of the GAO, where they would investigate the FCC for possible violations of federal and criminal codes precluding public officials from giving public property to private entities. Chris says the FCC folks are "immune". Apparently, Sen Lautenberg (D-NJ) doesn't agree... 73, Art -------------------------------------------------------------------- 800 MHz Lands On FCC Agenda By Mark Rockwell July 2, 2004 news@2 direct WASHINGTON -- As the FCC prepares to issue its decision concerning how to clear public safety radio interference in the 800 MHz band, an investigation and bitter feelings among the participants loom. The commission is set to issue its decision at its meeting next Thursday. The agency yesterday put the item on its official July 8 agenda. Its appearance there indicates a firm decision has been made on the issue among commissioners, although it could be pulled off the agenda up until the last minute if complications ensue. The commission is widely expected to back Nextel's so-called Consensus Plan awarding spectrum to the company at 1.9 GHz in exchange for moving out of the 800 MHz band. In spite of the item's scheduling for the meeting next week, rumors circulating here this morning on Capitol Hill say an announcement on the issue will come as soon as late this afternoon as that the nation's thoughts turn to the long holiday weekend. In the meantime, Sen. Frank Lautenberg's, D-N.J., staff has said the General Accounting Office (GAO) will act on the senator's request for an investigation into possible criminal action by the FCC if it decides to go with a plan that would cede 1.9 GHz spectrum to Nextel Communications. In the last several days, the senator and Nextel nemesis Verizon Wireless have said that such a decision could violate several federal and criminal codes precluding public officials from giving public property to private entities. In a letter from former U.S. attorney general William Barr, now Verizon Communications' executive vice president and general counsel, the company warned the FCC about the possible violations on Monday. The day after in a letter to the GAO, citing press reports of Verizon's concerns, Lautenberg requested the agency investigate the issue by today. Last night, Nextel ponied up its own former high-powered Justice Department official to argue any assignment of 1.9 GHz spectrum to Nextel wouldn't violate the statutes cited by Verizon. Former U.S. attorney general Richard Thornburg, now working for Washington law firm Kirkpatrick & Lockhart and hired by Nextel, said the 800 MHz "consensus plan will not obligate the Federal Communications Commission to spend money that has not been appropriated by Congress. Nor will the FCC 'receive' money by a third party to spend as it sees fit." Verizon's "arguments are diversions intended to provide cover to the weaknesses in Verizon's challenge to the commission's authority to adopt the Consensus Plan," Thornburg said. © 2004 Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.