FCC Rules on Maryland 800 MHz

The FCC has ruled on one of the first 800 MHz rebanding disputes, saying that Sprint-Nextel is not required to pay for drive-testing that the state of Maryland had requested as part of replacing its two 800 MHz radio systems. The state operates a network at two airports, and for its port authority, totaling about 333 users over six sites. Both sides conducted the FCC-established negotiations without an agreement, wen to mediation, and the matter then ended up in the FCC’s lap. The FCC wrote, “Sprint bears the burden of proving that Maryland’s relocated facilities are ‘comparable’ on their new channel assignment,” while the state, “bears the burden of proving that the funding it has requested for relocation is reasonable, prudent, and the ‘minimum necessary to provide facilities comparable to those presently in use.'” The state wanted Sprint to pay for reception testing that involves driving the county, but Sprint said the state’s radio systems are not complex enough to require such testing. The FCC agreed with Sprint. Download (pdf) the decision here.