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WASHINGTON—A federal appeals court on
Friday said regulators were reasonable in sticking to a June deadline
that requires Sprint Nextel Corp. to vacate some wireless channels that
will be used by public safety agencies.
The Federal Communications
Commission is requiring Sprint, the nation's third-largest wireless
carrier, to clear certain channels by June 26, a move designed to
eliminate radio interference with thousands of public safety agencies
across the country. The company would essentially swap spectrum with
the public safety agencies.
The deadline was set three years
ago in an initial order. But last September the FCC, unhappy with the
slow progress, told Sprint it must clear out regardless of whether
public safety agencies are ready to move out of their spectrum.
Sprint,
which said the FCC's new position was unreasonable, claimed if
regulators enforce the deadline it would cripple the network. The FCC
has not established any fines and telecommunications analysts said they
expect the deadline would be extended.
Sprint, which has spent
more than $1 billion in its spectrum relocation efforts so far, said
the initial 2005 order considered a simultaneous swap with public
safety agencies. But the FCC argued in September that the deadline
applies to Sprint regardless of whether public safety agencies are
ready to swap.
Reston, Va.-based Sprint, which has operational
headquarters in Overland Park, Kan., appealed to the U.S. Court of
Appeals for the D.C. Circuit, which ruled that the FCC's June 26
deadline was reasonable.
"That deadline—which was never
premised on a synchronized spectrum swap—has not changed," according to
the court's ruling. "What has changed are the implications of the
deadline: it now appears Nextel might have insufficient spectrum come
June because numerous ... (public safety) licensees won't be ready to
relocate."
The court said if Sprint vacates those channels then
it's likely it will immediately reduce radio interference that public
safety agencies have experienced.
Jessica Zufolo, an telecom
analyst with Medley Global Advisors, said in a note that the court's
decision is a "significant defeat" for Sprint, but expects the FCC will
extend the deadline by at least another six months.
Shares of Sprint dipped 15 cents to $7.87 in afternoon trading.
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