As for me, my understanding from some others in the MotherMoto radio business is that there are 800 mHz mobiles (XTL5000s) in many of the technical and senior officer and staff vehicles, as well as some of the sooperdoopertrooper cars in the Wake area. Now as to whether the info is correct or is a bit skewed, I can't say. I'm sure the Gub'ner's security personnel have the XTLs in the vehicles and XTSs on the hip - I've seen both close-up.
Oh, and yes, the low band is still in place and will be for a good while. Those'll make the surplus equipment list only when the 800 side is fully operational, and that's a while off, though not as far off as it was. We're talking almost 5000 mobile and portable radios total by the time the system is done, and that's a lotta stuff to change out.
On a connected note, one of the gurus in the 800 mHz system and VIPER project (and my former boss) said that no one in their group ever expected the money to become available so soon for the project in the western part of the state, and the buildout is going along fast. The performance in the mountain terrain is far exceeding expectations, and in real world testing, the performance of the digital side is consistently 10 to 15% more range than the analog side at the same test locations. In fact, there is ample coverage of 800 mHz in areas where the low band suffers. So much for the naysayers and their armchair engineering.