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Few Localities Support NYPD’s D-Block Proposal

A proposal by the New York Police Department that the FCC give local agencies and governments direct access to 700 MHz D-block spectrum rather than auctioning it for a public- private partnership has little support among other local governments, recent filings at the FCC indicated. But replies were due Wednesday, and that round could bring the New York proposal more support. Meanwhile, we've learned that Jon Peha, the FCC’s new chief technologist, is playing a key role in Chairman Kevin Martin’s efforts to develop rules for a new D-block auction. Those rules are expected to be set up for a vote at the commission’s Dec. 18 meeting.

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“I think the chairman is coming up with a proposal, but I don’t know what it’s going to look like,” an FCC official said. Another said the New York Police Department, while “hot to trot” on its D-block proposal, has been quiet in recent weeks and hasn’t been seeking meetings at the FCC. The New Yorkers’ idea did not seem to get “a lot of support from public safety agencies or carriers or vendors, which are the three primary groups that commented,” said an industry attorney who’s opposing it. The proposal “doesn’t seem to be a viable option given the current economic climate,” the official added.

“I think they are serious about it and have been able to get other cities to join in with them in filing at the FCC,” a public safety official said. “I would predict that once the comments rounds are completed… they'll probably be doing their ex parte visits… The real question is will they make their case only to the FCC or will they make their case to their respective congressional delegations and so forth.”

Deputy Chief Charles Dowd of the New York police told a House Homeland Security panel in September that the city had broad support for its 700 MHz proposal (CD Sept 17 p1). But in the initial comment round, few cities or counties endorsed the plan. Among those expressing some support were San Francisco and Oakland, Calif., in a joint filing; Seattle and King County, Wash., also filing jointly; and Baton Rouge, La. Philadelphia officials said the FCC should give local governments more control of the new national or regional public safety networks. Pinellas County, Fla., asked for control of the spectrum if no bidder comes forward to build a network serving the Tampa area.

“Public safety agencies require a robust network that will remain operational during virtually any circumstance; however commercial network operators are motivated by commercial priorities to build networks that meet commercial requirements,” the New York department said in its comments. “The NYPD believes that there is simply no business case for a commercial wireless network operator to build a nationwide network that will meet public safety coverage and survivability standards.”

In reply comments filed Wednesday at the FCC, Los Angeles County opposed the New York proposal. “The County supports the Commission’s proposal to rely upon the D Block auction and a public-private partnership model for the deployment of a national public safety broadband network,” the county said. “The County agrees with the Comments of APCO and others that this is the most viable means of providing state-of-the-art broadband capability to as many public safety users as possible.”