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How come Nextel never got bitten over personal users on their Part 90 system?

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celestis

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Looking at the Part 90 rules, personal use is forbidden on such systems. Also, has there ever been a documented instance of one of the current regional DMR operators getting bitten by the FCC over this sort of thing?
 

MTS2000des

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Because that's how corporate America works. You spend enough money, you buy the rule makers, and you get to be the exception to the rule.

The rule breaking didn't just stop with personal use of ESMR by millions of users, Sprint-Nextel went on to con the FCC into relocating thousands of incumbent licenses who they caused harmful interference to so they could get a windfall of valuable contiguous 800MHz SMR channels.

No secret that they soon shut down SMR and then further convinced the FCC to allow them to license cellular in that spectrum.

Some called it the "consensus" plan, most of us known it as the scam plan.

In all fairness, they aren't the only ones. All of the telecom mafia break the rules and get away with it. And even when they do get caught, their buddies give them a pass while making a little public show.
 

Voyager

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There is also the issue of how you would enforce the rule. If I talk to a friend, how would they know he does or does not work for the same company (hence clear Part 90 use). But, as was mentioned there is the golden rule to consider - he who has the gold makes the rules. NexTel spends a ton of money on licenses.
 
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Nextel

Nextel was operating under CMRS regulations (FCC part 20.9), even though licenses were granted under part 90 regulations.

part 20.3 Definitions:

Commercial mobile radio service. A mobile service that is:

(a)(1) provided for profit, i.e., with the intent of receiving compensation or monetary gain;

(2) An interconnected service; and

(3) Available to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public; or

(b) The functional equivalent of such a mobile service described in paragraph (a) of this section, including a mobile broadband Internet access service as defined in §8.2 of this chapter.
 

MTS2000des

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there goes 900MHz...

I hope all the private SMR operators and PLMR 900 users took notice, good old Morgan is rolling out Scam Plan 2.0, now their landscape is ready to become refarmed and their about to get their eviction notice. Gotta love the FCC dba Radio Spectrum Sales & Leasing.

"Realignment" is a nice way of saying "we're changing the rules as we see fit".
 

Voyager

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"Realignment" is a nice way of saying "we're changing the rules as we see fit".

Naaa. It's more like "We can resell this spectrum if we realign it..."

It's akin to the government throwing you out of your house and selling it to someone else as a revenue source.
 

MTS2000des

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It's akin to the government throwing you out of your house and selling it to someone else as a revenue source.

Happens everyday in America. In a corporatocracy, the corporations get supreme rule of the land. Used to be, eminent domain was reserved for building public roadways, parks or schools.

the FCC has demonstrated that they will kick one out of their house if someone else with a fatter wallet comes along.

BOHICA 900MHz licensees.
 

nd5y

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Naaa. It's more like "We can resell this spectrum if we realign it..."
They already bought the spectrum. The problem is the 900 MHz SMR auction was for pairs of 0.125 MHz wide blocks of spectrum scattered throughout the 935-940 (base) / 896-901 (mobile) band.

They are proposing something similar to 800 MHz rebanding. They want to realign the band so that the regular site-based licenses are in the 935-937 / 896-898 range and the market-base auctioned licenses have a continuous 3 MHz range of 937-940 / 898-901 so that they can run broadband spread spectrum type modes with a reduced probability of causing or receiving interference.
 

MTS2000des

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and once again, ScamPlan 2.0 is underway. Many of the incumbent licensees are using older equipment and infrastructure that won't accept the new band plan. The 900MHz band stuff uses channel identifiers like 700/800, and most Motorola subscriber hardware has those channel tables hard coded in ROM. Think Privacy Plus radios that don't support Flashport like GTX and MTX9000s, or older MSF5000 based radios. (I know of several StartSite systems at casinos and hotels that still use this).

Oh I know, "time for them to upgrade" but unlike the public safety rebanding where Sprint had to pony up, who is gonna pay those licensees to replace/realign (if possible) their perfectly functional, paid for and adequate 900 stuff?

anyone? Bueller? Anyone? The telecom mafia always gets it's way in the end. Their mission: make every man, woman, child and animal a paying customer FOR LIFE. Grabbing every MHz of RF is their path to accomplishing this.
 
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