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SEPT. 11 ATTACKS REFOCUS ATTENTION ON PUBLIC SAFETY SPECTRUM

Policy implications of emergency response to Sept. 11 terrorist attacks are focusing increased attention on wireless proceedings that would free up additional public safety spectrum. Assn. of Public-Safety Communications Officials-International (APCO) wrote to House Telecom Subcommittee Chmn. Upton (R-Mich.) this week, urging that DTV transition in 700 MHz band be accelerated to make way for public safety services allocated in Ch. 63, 64, 68 and 69. Written in advance of DTV hearing that had been set for today and postponed (see separate story, this issue), APCO said: “The nation’s public safety agencies cannot wait until some future, unknown date when 85% of television households have access to DTV signals.” Another focus of attention is 4.9 GHz band that’s being transferred from govt. to nongovt. uses, which public safety community has expressed interest in having set aside for its use. Also under scrutiny is 138-144 MHz band, which is being studied for potential public safety applications. Spectrum capacity constraints for both public safety and commercial wireless users have come up in context of priority access system that National Communications System (NCS) is exploring. While those proceedings already have been under way in some form at federal level, source said “there’s clearly sort of a recognition after the events of Sept. 11 that the importance of these has gone up a level.”

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On moving of analog broadcasters from 700 MHz band in advance of DTV transition, International Assn. of Chiefs of Police also wrote to Upton this week to urge that public safety users be considered. Until 24 MHz of channels are vacated as part of DTV transition along with rest of Ch. 60- 69, “nationwide use of the new public safety spectrum is blocked in many of our largest metropolitan areas,” group wrote. “Law enforcement and other public safety agencies require this additional spectrum now, especially in light of the terrible events of September 11.” One reason interoperability is lacking in public safety communications is that “inadequate spectrum allocations have forced public safety to operate communications systems on multiple, incompatible radio frequency bands.” Spectrum allocated for public safety at 700 MHz is designed to help address interoperability problem, group said. “Law enforcement and public safety agencies also need additional capacity to relieve serious spectrum congestion in existing bands and to provide for new communications tools,” police chiefs wrote. “New spectrum allocations” are critical in allowing public safety agencies to respond to disasters such as Sept. 11 attacks, they said. APCO asked Upton to urge subcommittee to “take immediate steps to accelerate the nationwide availability” of those channels for public safety. Allocation in that band is largest ever for exclusive public safety use.

Unlike that slice of 700 MHz band, spectrum at 4940-4990 MHz hasn’t specifically been set aside for exclusive public safety use but has been focus of increased interest for that purpose. In 4.9 GHz notice of proposed rulemaking last year, FCC tentatively concluded it would not make exclusive designation for public safety in light of spectrum already set aside at 700 MHz. But NPRM indicated that 4.9 GHz still could be used for public safety, potentially through band manager or other agreements. FCC Chmn. Powell addressed public safety use of band in letter last month to Rep. Stupak (D-Mich.), who had expressed interest in public safety designation for band. “Notwithstanding the tentative conclusion reached in the 4.9 GHz band NPRM, the Commission is evaluating how the public would be served best in allocating this spectrum,” Powell wrote. Comr. Abernathy also recently said she was interested in potential public safety applications at 4.9 GHz (CD Oct 5 p2). Comr. Copps this week emphasized FCC’s role in ensuring public safety in wake of terrorist attacks (CD Oct 16 p1).

Another possibility for additional public safety spectrum is 138-144 MHz, industry source said. For fiscal 2000, defense authorization legislation stipulated President should reclaim for “exclusive” use on primary basis by Defense Dept. bands totaling 3 MHz between 138-144 MHz. Bands had been part of spectrum singled out for reallocation from govt. to nongovt. uses in 1997 Balanced Budget Act. Last year, defense authorization legislation for fiscal 2001 required DoD, along with Attorney Gen. and Commerce Secy., to conduct engineering study to identify any part of band that military could “share in various geographic regions with public safety radio services.” Study must take into account “any measures required to prevent harmful interference” between military and public safety systems that would operate in those frequencies. Congress directed that study examine “reasonable schedule for implementation of such sharing of frequencies.” Legislation required defense secy. to submit to House and Senate Armed Services committees “interim” report on progress of study by this fall. Law required that Commerce Dept. and FCC jointly submit report by Jan. 1, 2002, on “alternative frequencies available for use by public safety systems.”

Heightened scrutiny of communications networks after Sept. 11 attacks has meant increased govt. focus on wireless priority access. FCC last year laid out rules for priority access for public safety and security personnel during emergencies, but didn’t mandate that carriers provide that to public safety personnel at federal, state and local levels. NCS said last week that govt. planned to work with newly named Special Adviser to the President for Cyberspace Security Richard Clarke on accelerating efforts to deploy priority access (CD Oct 12 p8). “Wireless communications experienced some levels of congestion surrounding the day’s events,” National Communications Systems (NCS) said in recent written response to Communications Daily questions. “Wireless priority access would have afforded eligible, authorized national security and emergency preparedness personnel an increased probability of accessing remaining available resources by assigning the next available wireless channel to those personnel. Priority calls would not have preempted calls in progress.” Public safety workers already have ability to get priority service on public switched telephone network through Govt. Emergency Telecommunications Service (GETS) that NCS manages. GETS gives priority classification to calls and routes them through public switched network “for specifically authorized users involved in emergency recovery operations,” NCS said. “The NCS has been working with industry to provide a GETS-like capability in wireless networks.” Until now, much of that work has been done in national and international standards development organizations, NCS said.

“Certainly in light of the Sept. 11 situation, there was a renewed interest by the NCS and emergency response community to have some sort of emergency access on wireless networks,” CTIA Vp-Industry Operations Kathryn Condello said in recent interview. DynCorp, information technology consulting firm that works with federal agencies, had told wireless industry in recent weeks that discussions on priority access were needed quickly, Condello said. CTIA has told NCS that, at its request, industry would provide priority access service capabilities for 500 national security and emergency personnel in about 60 days and system that would support 50,000 personnel would be ready by end of next year.