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700 / 800 MHz Regional Planning Status Update and Regulatory Update

700 / 800 MHz Regional Planning Status Update and Regulatory Update. Presented by Jeannie Benfaida and John Evanoff, Esq. Policy and Licensing Division, PSHSB NRPC Workshop and CAPRAD Training April 24-25, 2012 Tampa, Florida. Policy Division.

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700 / 800 MHz Regional Planning Status Update and Regulatory Update

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  1. 700 / 800 MHz Regional PlanningStatus Update and Regulatory Update Presented by Jeannie Benfaida and John Evanoff, Esq. Policy and Licensing Division, PSHSB NRPC Workshop and CAPRAD Training April 24-25, 2012 Tampa, Florida

  2. Policy Division • Background – regional planning purpose, authority, and Commission expectations • Status Updates • 700 MHz • 800 MHz – Rebanding Amendments • Overview of regional plan amendment process • Plan development and implementation issues • Regionally oriented licensing issues • Bureau support for regional planning committees

  3. Commission’s role in relation to the RPCs is limited to: • (1) defining regional boundaries, • (2) requiring fair and open procedures, i.e., requiring notice, opportunity for comment, and reasonable consideration, • (3) specifying the elements that all regional plans must include, and • (4) reviewing and accepting proposed plans (or amendments to approved plans) or rejecting them with an explanation.

  4. NPSPAC 806-809/851-854 MHz 47 C.F.R. § 90.16 – The Public Safety National Plan is contained in Report and Order, General Docket No. 87-112 • No assignments will be made until a regional plan has been accepted by the Commission. • Policy statements in Report and Order direct regional planning • Memorandum Opinion and Order, 3 FCC Rcd 2113 (1988) - establishing the 55 regions by modifying regional boundaries for Texas (Regions 40, 49, 50, 51, 52 and 53; and Great Lakes Area (now Region 54)

  5. Rebanding Plan Amendments - Public Notice, DA 09-212 (rel. 2/10/2009) established requirement for regions in Waves 1, 2 and 3 to submit amendments. Streamlined due April 13, 2009, Non-streamlined due June 10, 2009. • Plans were amended to reflect the15 megahertz shift in the NPSPAC band from 821-824/866-869 MHz to 806-809/851-854 MHz 41 Approved Rebanding Plan Amendments - Region 48 (US Virgin Islands) – no response.

  6. US/Canada and US/Mexico border areas WAVE 4 REGIONS Region 2 Alaska Region 3 Arizona Region 5 Southern California Region 19 New England (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island & Vermont) Region 21 Michigan Region 29 New Mexico Region 30 New York-Albany

  7. Wave 4 Regions – continued Region 33 Ohio Region 36 Western Pennsylvania Region 43 Washington Region 50 Texas-El Paso Region 53 Texas-San Antonio Region 55 New York-Buffalo • Wave 4 Plan Amendments filing requirements to be announced - Negotiations with US/Canada and US/Mexico ongoing.

  8. 800 MHz NPSPACRebanding Plan Amendments Status

  9. 700 MHz Regional Planning Administration of regional planning is defined in the Commission’s First Report and Order and Third Notice of Proposed Rulemaking, WT Docket No. 96-86, 14 FCC Rcd 152 (1998) – describes the planning process for General Use channels Authorizes RPCs to prioritize “highest and best use” to make such determinations - Second Memorandum Opinion and Order, 15 FCC Rcd 16844 (2000) – addressed digital modulation, technical requirements, efficiency and receiver standards, and further outlined RPC authority and responsibilities Consolidation of NB frequencies Second Report and Order, PS Docket No. 06-229, WT Docket No. 96-8622 FCC Rcd 15289 (2007).

  10. Plan Requirements • 47 C.F.R § 90.527 - Regional plan requirements - each plan must contain certain “common elements” • Comprehensive Plans will also contain: • Procedures for requesting spectrum allotments • Initial “county” pool allotments, varies by region • Application requirements and RPC evaluation/approval criteria • Procedure for frequency coordination • System Design/Efficiency Requirements • System Implementation • Adjacent region coordination procedures

  11. 47 C.F.R § 90.531 Band Plan • Sets forth the band plan for the 763-775 MHz and 793-805 MHz bands. • Base and mobile use. The 763-775 MHz band may be used for base, mobile or fixed (repeater) transmissions. The 793-805 MHz band may be used only for mobile or fixed (control) transmissions. • Narrowband segments - divided by designated purpose: General Use, Interoperability, Secondary Trunking, State License, Low Power, and Reserve channels.

  12. Plan development and implementation issues • Flexibility in Allotment pools – ex: By county geographic political boundary plus, 5+ 10+ miles, where possible. Region 5 (Southern California) is an exception. • Applicants failing to provide sufficient information to the RPC in order to complete their due diligence evaluation and frequency recommendation. • Resolve within the Region or through the NRPC, if necessary escalate to the Policy and Licensing Division and PSHS Bureau for resolution.

  13. RPC established Loading requirements. There is no FCC requirement under 700 MHz rules. However, a RPC 700 MHz Plan may include suggested loading requirements, which the RPC will use in evaluating applications on a case by case basis. • RPC Interoperability responsibilities: State SIEC and SWICs. Identify the body with responsibility (RPC, SIEC, etc.) • Frequency Give-backs – generally.See also recent VHF waiver re Missouri counties

  14. RPC letters of support for STAs, and applications for licensure • RPC approval letters must be filed with every application • Specific frequency recommendations, as approved by the RPC, must be identified in the RPC letter of support to the public safety applicant

  15. 700 MHz Regional Plan Status • 44Plans Submitted – See Docket history in WT Docket No. 02-378 in ECFS (repository for plans, plan amendments and comments submitted) • Electronic Comment Filing System: http://apps.fcc.gov/ecfs/ • 42Plans Approved, See FCC EDOCs for Comment and Approval Public Notices (PNs) • Commission’s Electronic Documents: http://fjallfoss.fcc.gov/edocs_public • 1Plan Pending: Region 44 (West Virginia) – Comment PN rel. 4/17/2012. Comments due May 7, reply comments due May 17. • 1Plan ON HOLD: Region 47 Puerto Rico, awaiting request for waiver for unformed region, no adjacent region coordination provided • 11 Regions remaining

  16. 700 MHz Regional Planning Map – April 2012

  17. Comment Public Notice Plan and Plan Amendments are reviewed, and if accepted, placed on public notice for comment. If found deficient, i.e., rejected -- Division staff will notify RPC Chair of discrepancy, resolve staff-to-staff where possible. Deficiencies must be resolved before deemed sufficiently compliant to be place on public notice for comment. 9/23/2014 17

  18. FCC Daily Digest (DD) – Public notices are published in the Commission’s DD with a comment cycle: 20 days for comments, 10 for replies • Plan, or Plan Amendment approvals are announced by Public Notice • EDOCs – Commission’s Electronic Document database contains all FCC issued documents, PNs, Orders, NPRMs, News Releases, etc.

  19. Plan Administration: • Jeannie Benfaida, Policy Analyst at (202) 418-2313 • John Evanoff, Attorney, John.Evanoff@fcc.gov(202) 418-0848 • Zenji Nakazawa, Deputy Chief, Policy Division, Zenji.Nakazawa@fcc.gov (202) 418-7949 Requests for Meeting Announcement PNs: • Staff assistants: Michele Woodfork, Michele.Woodfork@fcc.gov (202) 418-7058 or • Jose Edwards, Jose.Edwards@fcc.gov (202) 418-2264 • Cc: John Evanoff, and/or Jeannie Benfaida

  20. Rebanding: • Brian Marenco, Sr. Engineer Brian.Marenco@fcc.gov (202) 418-0838, • Roberto Mussenden, Attorney Advisor Roberto.Mussenden@fcc.gov (202) 418-1428, or • John Evanoff, Attorney Advisor John.Evanoff@fcc.gov 202-418-0848 US Canada and US Mexico Border agreements: • Brian Marenco Narrowbanding: • Roberto Mussenden Licensing: • Tracy Simmons, Chief, Licensing Branch, Policy and Licensing Division, Gettysburg (717) 338-2657, or Mike Regiec, Engineer, (717) 338-2603

  21. REGULATORY UPDATE REGULATORY UPDATE • 700 MHz Broadband and Narrowband • 700 MHz D Block and FirstNet • 700 MHz Pending Issues • T-Band • VHF-UHF Narrowbanding • 800 MHz Rebanding • 800 MHz Pending Issues

  22. 700 MHz BROADBAND AND NARROWBAND Currently, the lower half of the 700 MHz Public Safety Band (763-768/793-798 MHz) is allocated for broadband. The upper half of the 700 MHz Public Safety Band (769-775/799-805 MHz) is allocated for narrowband. A one megahertz guard band (768-769/798-799 MHz) separates the broadband and narrowband segments.

  23. 700 MHz Band – 2012 Update Lower 700 MHz Band DTV B Block Guard Band (Vacant) Upper 700 MHz Band A Block Guard Band (Access Spectrum, Pegasus, etc.) 746 757 758 768 769 787 788 798 799 805 806 775 776 C Verizon C Verizon 800 MHz PSNB PSBB PSNB PSBB D B C D B A A C NB WB NB NB WB NB Pre-2007 PS Band Plan First Net License

  24. D BLOCK AND FIRSTNET • In the Middle Class Tax Relief and Job Creation Act of 2012 Congress reallocated the D-Block (758-763 MHz/ 788-793 MHz) to deploy a nationwide LTE wireless broadband network for emergency responders across the D-Block and public safety broadband spectrum. • Congress established the First Responder Network Authority (FirstNet) — a new entity within the National Telecommunications and Information Administration (NTIA). NTIA has until August 22, to name the FirstNet Board.

  25. INTEROPERABILITY BOARD • The Act required the establishment of the Technical Advisory Board for First Responder Interoperability. • The Commission named the Board’s members including representatives of public safety, state and local governments, manufacturers, and wireless service providers.

  26. 14 Voting Members Appointed by the FCC (DA 12-455). • Steve Proctor, Executive Director, Utah Communications Agency Network • Colonel Kenneth C. Hughes, Jr., (Ret), Regional Communications Coordinator, New Orleans Urban Area Security Initiative • Brian Shepherd, Deputy Director, Adams County (Colorado) Communication Center • Todd Bianchi, Firefighter Paramedic, Washington, District of Columbia Fire and EMS Department • Jim Kohler, Deputy Director, Enterprise Technology Services, Alaska Department of Administration, State of Alaska • Brenda L. Decker, Chief Information Officer, State of Nebraska • Charles L. K. Robinson, Director, Business Support Services, City of Charlotte, North Carolina • Bob Azzi, Senior Vice President, Network, Sprint Nextel Corporation • Diane C. Wesche, Director, Government Network & Technology, Verizon Wireless • Ed Chao, Senior Vice President, Corporate Engineering and Network Operations, MetroPCS Communications, Inc. • Ron Strecker, Chief Executive Officer, Panhandle Telephone Cooperative, Inc., and Panhandle Telecommunications Systems, Inc. • Kenneth C. Budka, Senior Director, Advanced Mission-Critical Communications, Bell Labs Chief Technology Office, Alcatel-Lucent • Dennis Martinez, Chief Technology Officer, RF Communications Division, Harris Corporation • Paul Steinberg, Senior Vice President and Chief Technology Officer, Motorola Solutions, Inc. • 1 Non-Voting Member Appointed by the NTIA • Dereck Orr of the National Institute of Standards Technology (NIST)

  27. INTEROPERABILITY BOARD • First public workshop held on April 23, 2012. • The Interoperability Board has until May 22, 2012 to submit its recommendations to the Commission, who must then transmit them with possible revisions to FirstNet within thirty days of submission (e.g., June 21, 2012). The Board terminates on July 6, 2012. • FirstNet will incorporate the recommended requirements, without material change, into its Requests for Proposals (RFPs) for construction and operation of the network.

  28. NARROWBAND FLEXIBLE USE • The legislation also permits “flexible use” of the narrowband segments, including broadband usage.

  29. 700 MHz PENDING ISSUES • The Commission is considering a number of requests for waiver of the 700 MHz narrowband deadline. • PSHSB sought comment on the State of Maryland waiver request to operate air-to-ground operations on the 700 MHz secondary trunking channels. Comments due April 27, 2012 and Replies due May 2, 2012. DA 12-602.

  30. 700 MHz PENDING ISSUES • On April 6, 2012, the Commission sought comment on transition issues relating to broadband waiver recipients. Comments filed on April 20, 2012. DA 12-555.

  31. T-BAND • “T-Band” is the 470-512 MHz band (TV Channels 14-20) • In thirteen major metropolitan markets, channel blocks within the T-Band are allocated for LMR use (including Boston, Chicago, Dallas, Houston, Los Angeles, Miami, New York, Philadelphia, Pittsburgh, San Francisco, Washington DC).

  32. T-BAND • The Commission must reallocate the spectrum “used by public safety eligibles” in the 470-512 MHz band in no more than nine years, and • begin a system of competitive bidding under section 309(j) of the Communications Act of 1934 to grant new initial licenses for the use of this spectrum.

  33. T-BAND • NTIA shall administer grants from the auction proceeds to cover costs for the relocation of public safety licensees from the T-Band, and • T-Band relocation must “be completed not later than two years after the date on which the system of competitive bidding is completed.”

  34. VHF and UHF NARROWBANDING • PLMR licensees in the 150-174 MHz and 450-470 MHz bands must operate using channel bandwidth of no more than 12.5 kHz or equivalent efficiency by January 1, 2013. • PSHSB granted several Missouri counties a conditional waiver until Dec. 31, 2013 of the VHF/UHF narrowbanding deadline. DA 12-245. • Within 90 days of the release date of the Order, those counties must submit a letter confirming that they will transition to 800 MHz and, upon doing so, relinquish any VHF/UHF spectrum.

  35. VHF and UHF NARROWBANDING • The Missouri counties should ensure that their submissions include: • (1) a list of the frequencies for which they are seeking a waiver, • (2) a list of frequencies that will be relinquished (if applicable), and • (3) representations from all licensees covered by the waiver request that they have committed to take any actions that form the basis for the waiver justification.

  36. VHF and UHF NARROWBANDING • WTB, PSHSB and OET issued a Public Notice listing recommended factors that waiver requests should address and emphasized that narrowbanding waiver requests “will be subject to a high level of scrutiny.” DA 11-1189. • Licensees should seek to demonstrate that “(i) they have worked diligently and in good faith to narrowband their systems expeditiously; (ii) their specific circumstances warrant a temporary extension of the deadline; and (iii) the amount of time for which a waiver is requested is no more than is reasonably necessary to complete the narrowbanding process.”

  37. 800 MHz REBANDING • Sprint Nextel Corp. (Sprint), vacated its non-border spectrum holdings in the “Interleaved Band” (809-815/854-860 MHz). • Public safety licensees will have exclusive access to Sprint vacated channels for 3 years, public safety and Critical Infrastructure Industries for the next 2 years. Thereafter, the channels revert to their pre-rebanding categories.

  38. 800 MHz REBANDING • The Commission maintains an application freeze in the Mexico border regions and has an agreement in principle with Mexico that has not yet been formalized. • The Commission has reached agreement with Canada and has established a waiver process for licensees that require additional time to complete rebanding.

  39. 800 MHz PENDING ISSUES • On April 26, 2011, the Commission sought comment on whether use of TETRA technology should be permitted in the UHF and 800 MHz bands. • The Commission also waived the rules to permit TETRA technology in the ESMR and UHF bands.

  40. 800 MHz PENDING ISSUES • In March 2012 the Commission sought comment on whether to permit CDMA technology in the ESMR band. • The WTB is also seeking comment on Sprint’s waiver to deploy CDMA in 11 EA markets. • In 2009 EWA filed a Petition for Rulemaking asking the Commission to establish full-power interstitial channels in the 800 MHz Mid-Band between NPSPAC and ESMR bands.

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