As one of EWA’s members stated this morning, “that didn’t take long” after receiving a solicitation from a brokerage and consulting firm offering a complimentary telephone consultation regarding the FCC’s 900 MHz NPRM and “pdvWireless activity.” Indeed the ink isn’t even yet dry on the final NPRM which now awaits publishing in the Federal Register which will provide the dates on which comments may be filed in response to the various proposals. The industry has at best a minimum of a year to learn of the final rules that will govern the future of the 900 MHz band. In the interim, expect that one or more entities over the coming weeks will come out from the woodwork anticipating potential riches representing 900 MHz licensees.  

But at this point, all they can really do is parrot FCC proposals. There is nothing as yet definitive enough that would give anyone either a representational or negotiating edge. What we know is that the clear majority of 900 MHz licensees are intensive users of the spectrum for which they are licensed. They are not speculators and they are not inclined to respond to overblown solicitations. Well-healed, knowledgeable licensees also tend not to fall victim to offers of complimentary discussions. But here’s some complimentary advice for you. Ask them:

• How they get paid for representing your interests and from whom?
• Do they still get paid deal or no deal?
• How long is their commitment to you?
• Can you terminate any agreement without cause and without prior notice?

At this point in the process, be careful what you may be asked to sign.  You may regret it.