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B-303413 1 (2004-11-08)

handle is hein.gao/gaobacyvq0001 and id is 1 raw text is: I GAO Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-303413 November 8, 2004 The Honorable Frank R. Lautenberg United States Senate Subject: Whether the Federal Communications Commission ' Order on Improving Public Safety Communications in the 800 MHz Band Violates the Antideficiency Act or the Miscellaneous Receipts Statute Dear Senator Lautenberg: This responds to your request of June 29, 2004, for our legal opinion on whether the Federal Communications Commission's plan for Improving Public Safety Communications in the 800 MHz Band' violates 31 U.S.C. § 1341(a)(1)(B), a provision of the Antideficiency Act, or 31 U.S.C. § 3302(b), commonly called the miscellaneous receipts statute. The Commission issued a Report and Orderthat, among other things, would provide Nextel Communications, Inc. (Nextel), with spectrum in the 1.9 GHz band in exchange for Nextel relinquishing spectrum holdings in the 800 MHz band and paying the relocation costs associated with 800 MHz band reconfiguration.! To the extent that the value of the spectrum rights Nextel 'Improving Public Safety Comm unications in the 800 MHz Band; Consolidating the 800 and 900 MHz Industrialland Transportation and Business Pool Channels; Amendment of Part 2 of the Commission ' Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, Including Third Generation Wireless Systems; Petition for Rule Making of the Wireless Information Networks Forum Concerning the Unlicensed Personal Communications Service; Petition for Rule Making of UTStarcom, Inc, Concerning the Unlicensed Personal Communications Service; Amendment of Section 2.106 of the Commission ' Rules to Allocate Spectrum at 2 GHz for Use by the Mobile Satellite Service, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order (FCC 04-168, released Aug. 6, 2004), available at http://wvireless.egy/publicsafety/80OMHz,/b.andinterference.html (last visited Nov. 1, 2004)(hereafter Report and Order). 'The 800 MHz band in the Commission proceeding refers to spectrum in the 800 MHz band from 806-824/851-869 MHz, which the Commission has licensed for public safety, commercial, and private wireless operators.

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