POWELL: DTV TRANSITION COULD TIE UP SOME PUBLIC SAFETY SPECTRUM

Assn. Of Public Safety Communications Officials- International (APCO) and International Assn. Of Chiefs of Police also wrote to Tauzin, urging that DTV transition at 700 MHz be accelerated for public safety users in Ch. 63, 64, 68 and 69 (CD Oct 18 p3). In Powell’s response on areas where interoperability of public safety systems was particularly at risk because of multiple jurisdictions and frequencies, he said cities and states that had done “advance planning” were at lower risk and that many statewide and regional 800 MHz systems were being planned and built. “We anticipate that many large cities that need additional spectrum for their public safety communications also might not have timely access to the new 700 MHz public safety spectrum because of incumbent broadcasters” at Ch. 63, 64, 68 and 69 and adjacent Ch. 62, 65 and 67, Powell wrote. FCC allocated 24 MHz of spectrum at 700 MHz for public safety users -- largest single block set aside for that purpose and designed to address interoperability issues. Of 24 MHz, 2.6 MHz has been set aside for interoperability communications for public safety. Powell said FCC earlier this year adopted Project 25 Phase 1 as narrowband digital voice standard for 700 MHz interoperability channels.

Another wrinkle for public safety users at 700 MHz is coordination with TV stations operating in Mexico and Canada. All systems licensed to operate within 75 miles of borders must agree that harmful interference may not be caused to, but may be received from, TV stations operating in those countries, Powell said. “Both Canada and Mexico have been considering the possibility of mutually compatible spectrum use, although Canada is much farther along in this process than Mexico,” he said. Both countries are planning to use 700 MHz for DTV, “which would significantly limit public safety use of adjacent spectrum in states like Michigan, Ohio, New York, California and Arizona,” Powell said. “We are working with both Canada and Mexico on this issue and are sensitive to the impact of their operations on U.S. public safety licensees.” Both Harman and Tauzin asked about remedies for interoperability issues and spectrum availability that were within FCC’s jurisdiction. They also asked about remedies that weren’t under purview of FCC but that “would be more likely to be implemented if they were” and steps that Congress or other federal agencies could take. Powell said one of most persistent concerns of public safety community voiced to FCC had been incumbent-clearing issues centered on 700 MHz. He said Commission recently implemented policy to facilitate voluntary arrangements for band-clearing at 700 MHz but “events that must occur before a complete transition becomes mandatory” are set by statute: “The outcome of such a scenario and the establishment of a date- certain transition are matters about which congressional review might be helpful.”

Powell touched on attention that 138-144 MHz has received in public safety community for additional spectrum. Last year, defense authorization legislation required govt. agencies, including Defense Dept., to undertake engineering study to identify any part of that band that military could share in geographic areas with public safety services. Band now is allocated exclusively for federal govt. use but is surrounded by significant nonfederal public safety communications systems that operate at 24-50 MHz and 150-174 MHz. Bands also are seen by some public safety users as facilitating federal govt. and nonfederal public safety sharing and interoperability. Powell said FCC was preparing its part of upcoming joint report with NTIA on alternative VHF band frequencies for public safety use at 138-144 MHz. Joint report is due to Congress by Jan. 1. Powell wrote: “We are hoping NTIA will be able to receive a determination from the Secretary of Defense as to whether, at a minimum, sharing is feasible in the 138-144 MHz band and, if not, whether there is alternative spectrum available for nonfederal public safety communications.” He said FCC and NTIA were working closely on those issues.

While spectrum at 4940-4990 MHz hasn’t specifically been set aside for exclusive public safety operations, it has been center of increased attention for that purpose (CD Oct 18 p3). In notice of proposed rulemaking last year, FCC tentatively concluded it wouldn’t make exclusive designation for public safety use in that band in light of spectrum already set aside at 700 MHz (CD Oct 18 p3). NPRM still had left open possibility that 4.9 GHz could be used for public safety, potentially through band manager or other agreements. As for status of 4.9 GHz proceeding, Powell said he couldn’t prejudge outcome but recent suggestion by Motorola and public safety community for “significant and innovative uses” for band were “worthy of serious consideration.” Suggestion by Motorola that has received wide public safety community support has been for broadband uses for that community at 4.9 GHz.

Asked what Congress or other parts of federal govt. could do to improve interoperability and public safety spectrum availability, Powell pointed to chronic lack of adequate funding for those licensees. “Post-crisis, as Congress appropriates funds for enhancing security and emergency preparedness, it could consider the communications needs of public safety,” he wrote. “Funding for public safety agencies to upgrade systems for E911 and to deploy more efficient digital equipment in their own radio systems, would be significant and helpful.”