FCC Asked to Provide More Certainty on PLMR Rules

“The Commission’s intention to establish expeditiously a transition date for users to convert to 6.25 kHz technology once it determines that sufficient equipment is available for testing presents significant risks to public safety officers and overall emergency response,” New York said in a petition for reconsideration: “This order affords agencies no opportunity to plan and implement a reasoned migration path consistent with public safety standards. It will strand investment in communications networks to the detriment of local and state government public safety operations. Nationwide interoperability initiatives will be seriously impaired.” In filings at the FCC, various parties last week supported the city’s calls for clarity.

The Association of American Railroads said its migration to 12.5 kHz equipment has been “complex, difficult and time-consuming,” especially since radios must operate nationwide, with interoperable communications among railroads. It said safe communications also are critical due to “the very nature of the day-to-day operations of the business, i.e., the constant movement of people, heavy equipment and freight (including hazardous or toxic industrial materials).”

The FCC’s March order actually worked against improvements in communications, the railroad group said. “By stating that it intends to act quickly to establish a conversion deadline for 6.25 kHz technology, the Commission has given notice that any investments in new 12.5 kHz radios may soon be rendered obsolete by regulatory fiat and that newly-purchased 12.5 kHz equipment may have to be scrapped well before the end of its useful life,” it said: “To avoid such an onerous and wasteful burden (on themselves and their customers, and, ultimately, on consumers), some railroads have recently suspended indefinitely their programs for purchasing new 12.5 kHz radios, pending clarification by the Commission regarding the meaning and intent of the third report and order.”

Utilities have spent hundreds of millions of dollars implementing a migration to 12.5 kHz operations, a complicated task since many operate across several states, said the Utilities Telecom Council: “Given the many years since the introduction of ‘refarming’ in these bands and the amount of subsequent change in the wireless environment, not to mention the enormous investment made by licensees, a review of the migration path is needed prior to further action that could harm those providing critical services to the public.”

The FCC can easily fix the problem, Motorola contended, saying it wants “the Commission to reduce this confusion by simply clarifying that any additional mandated increases in spectrum efficiency will be imposed only after a full notice and comment rulemaking proceeding that provides adequate opportunity for comment and fully considers the financial and operational impact on licensees.” The FCC should give New York “its requested relief and issue a statement of clarification that any future mandated migration to 6.25 kHz or equivalent efficiency technologies would be implemented only after the conclusion of a rulemaking proceeding,” said Motorola. It added that such a rulemaking should take financial and operational constraints into account.