**DA 08-2469**

**November 7, 2008**

**Public safety and homeland security bureau APPROVES**

**REGION 24 (MISSOURI) 700 mhz regional plan AMENDMENT**

**PS Docket No. 06-229 and WT Docket No. 02-378**

*Introduction.* On January 31, 2008, the Region 24 (Missouri)[^1] 700
MHz Regional Planning Committee (Region 24) (RPC) submitted a proposed
amendment[^2] to its 700 MHz Public Safety Plan for General Use[^3]
spectrum in the 769-775/799-805 MHz band. Region 24 concurrently
requests a temporary, limited waiver of Section 90.527(a)(5) of the
Commission's rules, 47 C.F.R. § 90.527(a)(5), which provides that
regional plans must include an explanation of how the plan had been
coordinated with adjacent regions, because it had been unsuccessful in
obtaining Letters of Concurrence from three of its adjacent regions:
Region 4 (Arkansas); Region 17 (Kentucky); and Region 34 (Oklahoma).[^4]
On July 23 and 25, 2008, Region 24 submitted Letters of Concurrence from
Region 17, Region 34, and Region 4.[^5] For the reasons discussed below,
we approve the Region 24 700 MHz Plan Amendment, and dismiss the Waiver
Request as moot.

*Background.* On July 31, 2007, the Federal Communications Commission
(Commission) adopted a *Second* *Report and Order* revising the rules
governing wireless licenses in the 700 MHz band.[^6] The Commission
adopted a plan for the 700 MHz band to establish a nationwide,
interoperable public safety broadband communications network for the
benefit of state and local public safety users. The Commission
designated the lower half of the 700 MHz public safety band for
broadband communications (763-768/793-798 MHz) and consolidated existing
narrowband allocations in the upper half of the public safety 700 MHz
band (769-775/799-805 MHz).

In revising the band plan for the public safety 700 MHz band, the
Commission noted that consolidating the narrowband channels in the upper
part of the band will impact approved and pending 700 MHz RPC plans.
Accordingly, the Commission required RPCs with approved plans or plans
on file to submit amended plans consistent with the decisions adopted in
the *Second* *Report and Order* by November 23, 2007*.*[^7] On November
9, 2007, the Bureau extended the deadline for RPCs to submit amended
plans, consistent with the decisions adopted in the *Second* *Report and
Order,* to January 31, 2008, and provided additional guidance for the
development of plan amendments.[^8]

*Review of the Region 24 Plan Amendment.* The Plan Amendment includes
the following elements:

-   Updated Plan Section 1, by identifying the document as the
    769-775/799-805 MHz regional plan for Region 24 Missouri; and by
    revising Sections 1.1 and 1.2 to identify the members elected to the
    RPC chair and vice-chair positions.

-   Deleted Plan Section 3.5, Wideband Data, and inserts instructions
    for entities desiring implementation of either wideband or broadband
    data systems, to contact the Public Safety Broadband Licensee as set
    forth in the *Second* *Report and Order.*[^9]

-   Revised Plan Appendix G -- Region 24 Channel Allotments, by
    correcting the frequencies to conform to the new consolidated
    narrowband spectrum plan.[^10]

-   Replaced the prior layout of the 700 MHz band chart with the revised
    700 MHz public safety band spectrum chart.[^11]

The Plan Amendment was reviewed by, and Letters of Concurrence obtained
from all eight regions adjacent to Region 24: Region 4 (Arkansas);
Region 13 (Illinois); Region 15 (Iowa); Region 16 (Kansas); Region 17
(Kentucky); Region 23 (Mississippi); Region 26 (Nebraska); and Region 39
(Tennessee).[^12]

On March 13, 2008, the Region 24 Plan Amendment was placed on *Public
Notice* for comment.[^13] We received no comments. We have reviewed the
Region 24 Plan Amendment, and conclude, based on the information before
us that it complies with FCC rules and policies. Accordingly, pursuant
to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.
§ 154(i), and Section 1.102(b) of the Commission's rules, 47 C.F.R.
§ 1.102(b), the Region 24 (Missouri) 700 MHz Public Safety Plan
Amendment is APPROVED.

This action is taken under delegated authority pursuant to Sections
0.191 and 0.392 of the Commission's rules, 47 C.F.R. §§ 0.191, 0.392.

Action by the Chief, Policy Division, Public Safety and Homeland
Security Bureau.

\- FCC -

[^1]: The Region 24 (Missouri) 700 MHz regional planning area
    encompasses the entire state of Missouri, consisting of 114 counties
    and the City of St. Louis (which does not reside within a Missouri
    county). *See* Plan Appendix C -- List of Counties within Region 24.

[^2]: *See* Letter from Steven J. Makky, Sr., Region 24 700 MHz Regional
    Planning Committee, to Federal Communications Commission, Public
    Safety and Homeland Security Bureau, WT Docket No. 96-86, PS Docket
    No. 06-229 (filed Jan. 31, 2008) (Plan Amendment and Waiver
    Request). The Region 24 Plan was initially approved in July 2005.
    *See* Wireless Telecommunications Bureau Approves Region 24
    (Missouri) 700 MHz Regional Plan, WT Docket No. 02-378, *Public
    Notice,* 20 FCC Rcd 12482 (WTB 2005).

[^3]: The General Use spectrum is administered by RPCs and licensed for
    public safety services on a site-by-site basis in accordance with
    the relevant Commission-approved regional plan and frequency
    coordination.

[^4]: *See* Waiver Request at 1-2.

[^5]: *See* Letter from Steven J. Makky, Sr., Region 24 700 MHz Regional
    Planning Committee, to Federal Communications Commission, Public
    Safety and Homeland Security Bureau, WT Docket No. 96-86, PS Docket
    No. 06-229 (filed July 23 and July 25, 2008) (submitting Letters of
    Concurrence from Region 4 (Arkansas); Region 17 (Kentucky) and
    Region 23 (Mississippi)).

[^6]: Implementing a Nationwide, Broadband, Interoperable Public Safety
    Network in the 700 MHz Band; Development of Operational, Technical
    and Spectrum Requirements for Meeting Federal, State and Local
    Public Safety Communications Requirements Through the Year 2010, PS
    Docket No. 06-229, WT Docket No. 96-86, *Second* *Report and Order*,
    22 FCC Rcd 15289 (2007) (*Second* *Report and Order*).

[^7]: As of the adoption date of the *Second Report and Order*, the
    following regional plans had been approved: Region 5 (Southern
    California), Region 19 (New England), Region 24 (Missouri), Region
    22 (Minnesota), Region 12 (Idaho), Region 39 (Tennessee), Region 43
    (Washington), Region 41 (Utah), Region 3 (Arizona), and Region 40
    (Northern Texas). The following regional plans were pending as of
    the adoption date of the *Second Report and Order*: Region 1
    (Alabama), Region 27 (Nevada), Region 45 (Wisconsin), Region 7
    (Colorado), Region 9 (Florida), Region 16 (Kansas), and Region 20
    (Northern Virginia, Maryland and the District of Columbia).

[^8]: *See* Public Safety and Homeland Security Bureau Announces an
    Extension of the Deadline for 700 MHz Regional Planning Committees
    to Amend 700 MHz Narrowband Plans from November 23, 2007 to January
    31, 2008, PS Docket No. 06-229, WT Docket No. 96-86, *Public
    Notice,* 22 FCC Rcd 19461 (PSHSB 2007). []{.mark}

[^9]: *See* Plan Amendment Section 3.5 Wideband Data.

[^10]: *See* Plan Amendment Appendix G -- Region 24 Channel Allotments
    by County (revised 12/16/2007).

[^11]: *See* Plan Amendment Appendix I -- DTV Transition (spectrum
    overview chart).

[^12]: *See* Plan Amendment Appendix J -- Meeting Announcements
    (includes copies of email concurrences from adjacent regions).

[^13]: *See* Comments Invited on Region 24 (Missouri) 700 MHz Plan
    Amendment, PS Docket No. 06-229; WT Docket No. 02-378, *Public
    Notice,* 23 FCC Rcd 4067 (PSHSB 2008). Comments were due April 3,
    2008, and reply comments were due April 14, 2008.