**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | )  | PS Docket No. 06-229         |
|                                  |    |                              |
| Implementing a Nationwide,       | )  |                              |
| Broadband, Interoperable Public  |    |                              |
| Safety Network in the 700 MHz    | )  |                              |
| Band                             |    |                              |
|                                  | )  |                              |
|                                  |    |                              |
|                                  | )  |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: November 19, 2007 Released: November 19, 2007**

By the Commission:

# introduction

1.  In this Order, we grant the application of the Public Safety
    Spectrum Trust Corporation (PSSTC) for the single nationwide license
    for the public safety 700 MHz broadband spectrum allocation (*i.e*.,
    the Public Safety Broadband License).[^1]

# Background

2.  On July 31, 2007, we adopted a *Second* *Report and Order* revising
    the rules governing the 700 MHz band.[^2] In the *Second* *Report
    and Order*, we re-designated ten megahertz of public safety 700 MHz
    spectrum (763-768/793-798 MHz) for the purpose of establishing a
    nationwide, interoperable broadband public safety communications
    network. We also created a single nationwide license for this
    spectrum -- the Public Safety Broadband License.[^3] Further, we
    stated that we would assign this license to a single entity -- the
    Public Safety Broadband Licensee (PSBL).[^4] The Public Safety
    Broadband License and the PSBL were created for the purpose of
    partnering with a commercial entity -- the auction winner of the
    immediately adjacent ten megahertz of commercial "D Block" spectrum
    -- in order to facilitate a public/private partnership (the 700 MHz
    Public/Private Partnership) that would result in the build out of
    this nationwide public safety network.[^5]

3.  The *Second* *Report and Order* also specified the following
    baseline criteria that the PSBL must satisfy: (1) no commercial
    interest may be held in or participate in the management of the
    PSBL; (2) the PSBL must be a non-profit organization; (3) the PSBL
    must be as broadly representative of the public safety community as
    possible; and (4) the PSBL must submit written certifications from
    at least ten geographically diverse state and local government
    entities in support of its candidacy.[^6] To further ensure that the
    PSBL focuses exclusively on the broadband needs of public safety
    entities, the Commission specified the composition of the PSBL's
    board of directors[^7] and identified specific minimum elements of
    its Articles of Incorporation and Bylaws.[^8]

4.  On September 10, 2007, the Public Safety and Homeland Security
    Bureau issued a *Public Notice* soliciting applications for the
    Public Safety Broadband License and establishing a deadline of
    October 10, 2007 for submitting applications.[^9] The *Public
    Notice* reiterated the criteria set forth in the *Second Report and
    Order* and provided filing instructions for applicants.

5.  In response to the *Public Notice,* we received one application for
    the Public Safety Broadband License. The application was filed by
    the PSSTC, an entity incorporated under the laws of the District of
    Columbia as a non-profit corporation.[^10] In its application, PSSTC
    states that it exceeds the eligibility criteria set forth in *Second
    Report and Order* and the *Order on Reconsideration* to hold the
    Public Safety Broadband License.[^11] The PSSTC asserts that it is
    managed and controlled by public safety entities, has no commercial
    interests, is a non-profit organization, and is broadly
    representative of the public safety community.[^12] Further, PSSTC
    states that it has provided the necessary written certifications
    from at least ten geographically diverse state and local government
    entities.[^13] In addition, PSSTC provides a description of the
    organization, including its Articles of Incorporation, and a
    discussion of how it is qualified to carry out the duties and
    responsibilities of the PSBL.[^14]

# Discussion

## Responsibilities and Role of the PSBL

6.  The Commission retains significant oversight of the 700 MHz
    Public/Private Partnership, including monitoring negotiations and
    adjudicating disputes arising during the negotiation or
    implementation of the Network Sharing Agreement (NSA) \-- to be
    executed between the PSBL and the commercial D Block auction winner
    \-- and ultimately approving the NSA itself. The PSBL, however, will
    bear a significant responsibility and play a substantial role in
    ensuring the success of the 700 MHz Public/Private Partnership.
    Among other things, the PSBL must:

-   Act as chief promoter of the broadband spectrum needs of public
    safety entities;

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-   Negotiate the NSA with the D Block auction winner;

-   Administer access to the 700 MHz public safety broadband network;

-   Assess usage fees;

-   Approve equipment and applications used by public safety entities;

-   Oversee the relocation of 700 MHz public safety narrowband
    operations;

-   Review requests for early local build-outs and wideband waiver
    requests;

-   Manage the internal guard band between public safety broadband and
    narrowband operations; and

-   Manage priority access to commercial broadband spectrum in the D
    Block during emergencies (as defined in the NSA).

7.  Fulfilling these obligations will require a significant commitment
    on the part of the PSBL. Moreover, the PSBL must establish an
    enduring relationship with all sectors of the public safety
    community, and assume a relationship with the D Block licensee
    reflective of a partnership in the true sense of the word, not just
    in name. As we recognized in the *Second Report and Order*, our goal
    was to maximize public safety access to interoperable, broadband
    spectrum in the 700 MHz Band, and to foster and promote the
    development and deployment of advanced broadband applications using
    modern, IP-based system architecture.[^15] Promoting commercial
    investment in the build-out of a shared network infrastructure,
    however, is absolutely necessary to address the limited availability
    of public funding for such enterprises.[^16] We intended the
    framework we adopted for the 700 MHz Public/Private Partnership to
    strike an appropriate balance between necessary commercial
    investment and the needs of public safety. As partners, the D Block
    auction winner/licensee and the PSBL will share the responsibility
    of maintaining this essential balance.

## Qualifications of the PSSTC

8.  *Baseline Criteria*. We find that that granting the application of
    the PSSTC to hold the Public Safety Broadband License is consistent
    with the requirements of the *Second Report and Order* and *Order on
    Reconsideration,* and serves the public interest. First, subject to
    the condition set forth at the end of this paragraph, the PSSTC
    meets the baseline eligibility criteria to hold the 700 MHz Public
    Safety Broadband License.[^17] The PSSTC holds no commercial
    interests, and no commercial interest is part of its
    management.[^18] Further, the PSSTC is a non-profit organization, is
    broadly representative of the public safety community, and, subject
    to the following condition, satisfies the organizational
    requirements (for both the board of directors and the Articles of
    Incorporation and Bylaws) specified by the Commission.[^19] We
    impose this condition because the PSSTC's board of directors does
    not include the four at-large members that we have required the PSBL
    board of directors to include (AHA, NASNA, NEMA, and NFOP), due to
    the fact that we only recently announced their selection, which we
    made after the PSSTC submitted its application. (Otherwise, the
    PSSTC's board of directors includes the representation required by
    the *Second Report and Order* and *Order on Reconsideration*.[^20])
    Accordingly, we condition the grant of the PSSTC's application on
    conformance with the requirements for the composition of the PSBL
    board and any related organizational documents, pursuant to the
    Commission's orders and the *PSHSB/WTB Public Notice*.

9.  *Other Application Requirements*. We also find that the PSSTC's
    application meets the other requirements specified in the *Public
    Notice*.[^21] For example, the PSSTC provided written certifications
    from fourteen geographically diverse state and local governmental
    entities, with at least one certification from a state government
    entity and one from a local government entity.[^22] Each of these
    certifications verified that: (1) the certifying entity has
    authorized the applicant to use spectrum at 763-768 MHz and 793-798
    MHz to provide the certifying entity with public safety services;
    and (2) the certifying entity's primary mission is the provision of
    public safety services.[^23] In addition, the PSSTC provided a
    description of the organization, including information on founders
    and organizational structure, and a discussion of its qualifications
    to carry out the duties and responsibilities of the PSBL.[^24] As we
    noted in the *Second Report and Order*, in establishing the baseline
    criteria for the PSBL, the goal was to ensure that the PSBL focuses
    exclusively on the needs of public safety entities that stand to
    benefit from the interoperable broadband network.[^25] Moreover, we
    expected that the entity selected as the PSBL would leverage the
    expertise of its members and its experience with public safety radio
    operations to manage the obligations of the PSBL.[^26] The broad
    range of experience represented by the members of the PSSTC, coupled
    with the safeguards adopted in the *Second Report and Order*, will
    ensure that the needs of all members of the public safety community
    are met, and that sound technological and operational decisions are
    made in managing this critical asset.

10. *Ability to Meet PSBL Responsibilities and Fulfill PSBL Role*. We
    recognize the importance of the PSBL to the overall success of
    building a nationwide public safety broadband network in the 700 MHz
    band.[^27] Thus, we take very seriously the need to select a
    well-qualified entity that is committed to this objective. We find
    that granting the PSSTC's application to hold the Public Safety
    Broadband License is in the public interest. The PSSTC has
    demonstrated to our satisfaction that it is well-qualified to hold
    the Public Safety Broadband License. Based on the information
    provided in its Application, the PSSTC is committed to achieving the
    objectives of a nationwide, interoperable broadband public safety
    network we embraced in the *Second Report and Order*.

11. The PSSTC's participants are drawn from law enforcement, fire,
    emergency medical services, forestry conservation, and
    transportation, encompassing agencies ranging from the large, medium
    to small across urban, suburban, and rural areas, with full time and
    volunteer agencies represented.[^28] This inclusion of
    representatives from all facets of the public safety community
    across the country demonstrates the PSSTC's commitment to be broadly
    representative of the public safety community at large in achieving
    participation in a public safety broadband network having a
    nationwide level of interoperability. The PSSTC's composition also
    ensures that the needs of the entire public safety community will be
    taken into consideration as a nationwide, interoperable 700 MHz
    broadband network emerges.[^29] In addition, the member
    organizations that make up the PSSTC have extensive expertise in
    operating public safety communications systems, managing spectrum
    use, and responding to emergencies. This collection of expertise is
    an invaluable resource and a further example of the PSSTC's
    qualifications to develop a workable, flexible wireless broadband
    network that will meet the broadband needs of the public safety
    community.

12. The PSSTC also acknowledged in its application that both the D Block
    auction winner and the PSBL must conduct negotiations and ensure
    that the relationship between the two organizations is "permeated by
    good faith."[^30] PSSTC also recognized that the shared network must
    not only serve the needs of the public safety community, but must
    also be commercially viable in order for both the public safety
    community and general public to realize the network's benefits.[^31]
    These representations made by the PSSTC convince us that the PSSTC
    appreciates, and is capable of properly carrying out, its role as a
    partner with the D Block auction winner/licensee in order to best
    ensure a successful implementation of the public safety broadband
    network. We fully expect that, as the PSBL, the PSSTC will adhere to
    these principles, and the Commission remains committed to ensuring
    that both partners fulfill their obligations.

# Conclusion

13. For the reasons specified above, we grant the application of the
    PSSTC for the 700 MHz Public Safety Broadband License, subject to
    the condition specified above in paragraph 8.[^32]

# ordering clauses

14. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(f),
    332, 337 and 405 of the Communications Act of 1934, as amended, 47
    U.S.C. §§ 154(i), 303(f), 332, 337 and 405, this Order IS HEREBY
    ADOPTED.

15. IT IS FURTHER ORDERED that the Application filed by the Public
    Safety Spectrum Trust Corporation on October 10, 2007 IS GRANTED,
    subject to the condition specified herein.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Marlene H. Dortch
>
> Secretary

[^1]: The license includes ten megahertz of broadband spectrum
    (763-768/793-798 MHz) and two megahertz of guard band spectrum
    between the public safety broadband and public safety narrowband
    allocations (768-769/798-799 MHz). *See* 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, 15419 ¶
    366, 15415 ¶ 348 (2007) (*Second* *Report and Order*).

[^2]: *See generally Second* *Report and Order*, 22 FCC Rcd 15289.

[^3]: The license area of the Public Safety Broadband License
    encompasses the contiguous 48 states, Alaska, Hawaii, the Gulf of
    Mexico, and the U.S. territories. *Id*. at 15427 ¶ 385 n.825.

[^4]: *Id.* at 15419 ¶ 366.

[^5]: *See generally id.* at 15428-79 ¶¶ 386-553.

[^6]: *Id.* at 15421-22 ¶ 373.

[^7]: *Id*. at 15422-23 ¶ 374. The *Second Report and Order* requires
    that the PSBL be governed by a voting board consisting of eleven
    members, one each from the nine organizations representative of
    public safety listed below, and two at-large members selected by the
    Public Safety and Homeland Security Bureau and the Wireless
    Telecommunications Bureau, jointly on delegated authority. We
    subsequently revised the composition of the Public Safety Broadband
    License board of directors, adding three designated members,
    removing one, and increasing the number of at-large members from two
    to four. 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, *Order on
    Reconsideration*, FCC 07-171 at ¶¶ 2, 4-5 (rel. Sept. 24, 2007)
    (*Order on Reconsideration*). On November 9, 2007, the Public Safety
    and Homeland Security Bureau and Wireless Telecommunications Bureau
    jointly announced the four at-large members. Public Safety and
    Homeland Security Bureau and Wireless Telecommunications Bureau
    Announce the Four At-Large Members of the Public Safety Broadband
    Licensee's Board of Directors, PS Docket No. 06-229, *Public Notice*
    (DA 07-4593, rel. Nov. 9, 2007) (*PSHSB/WTB Public Notice*).
    Accordingly, the Public Safety Broadband Licensee's board of
    directors is required to consist of the following fifteen
    organizations: the American Association of State Highway and
    Transportation Officials (AASHTO); the American Hospital Association
    (AHA) (at-large); the Association of Public-Safety Communications
    Officials -- International (APCO); the Forestry Conservation
    Communications Association (FCCA); the International Association of
    Chiefs of Police (IACP); the International Association of Fire
    Chiefs (IAFC); the International City/County Management Association
    (ICMA); the International Municipal Signal Association (IMSA); the
    National Association of State 9-1-1 Administrators (NASNA)
    (at-large); the National Association of State Emergency Medical
    Services Officials (NASEMSO); the National Emergency Management
    Association (NEMA) (at-large); the National Emergency Number
    Association (NENA); the National Fraternal Order of Police (NFOP)
    (at-large), the National Governor's Association (NGA); and the
    National Sheriffs' Association (NSA).

[^8]: *Second Report and Order* at 15423-25 ¶ 375.

[^9]: Public Safety and Homeland Security Bureau Solicits Applications
    for the 700 MHz Public Safety Broadband License, *Public Notice*, DA
    07-3885 (PSHSB Sept. 10, 2007) (*Public Notice*).

[^10]: *See* Application of the Public Safety Spectrum Trust Corporation
    to Be the 700 MHz Public Safety Broadband Licensee, at 2 (filed Oct.
    10, 2007) (PSSTC Application).

[^11]: *Id*. at 3.

[^12]: *Id*. at 2-3.

[^13]: *Id*. at 7 & Attachment 3.

[^14]: *Id*. at 2-7.

[^15]: *Second Report and Order* at 15431 ¶ 396.

[^16]: *Id.*

[^17]: *See* *Public Notice* at 2.

[^18]: PSSTC Application at 3.

[^19]: *Id*.

[^20]: *Id.* at 3 & n.4.

[^21]: *See Public Notice* at 2-3. On November 6, 2007, PSSTC submitted
    an amendment to its application to include two missing signature
    pages concerning the "Amended and Restated Bylaws" and "Written
    Consent in Lieu of Meeting of the Board of Directors." *See* Letter
    from Robert M. Gurss, APCO, to Derek Poarch, Chief, Public Safety
    and Homeland Security Bureau, FCC, dated Nov. 5, 2007.

[^22]: PSSTC Application, Attachment 3.

[^23]: *Id.*

[^24]: *Id*. at 2-7, Attachment 1 and Attachment 2.

[^25]: *Second Report and Order* at 15421-22 ¶ 373.

[^26]: *See, e.g., id.* at 15413-14 ¶ 344.

[^27]: *Second Report and Order* at 15425 ¶ 379.

[^28]: PSSTC Application at 4; Attachment 2.

[^29]: One of the Commission's goals in this proceeding was to ensure
    that the 700 MHz Public Safety Broadband Licensee focuses on the
    needs of public safety entities that stand to benefit from the
    broadband network. *See* *Second* *Report and Order* at 15421-22 ¶
    373.

[^30]: PSSTC Application at 5-6. Pursuant to the *Second Report and
    Order*, both the PSBL and D Block auction winner must act in good
    faith in negotiating and performing under the NSA. *Second Report
    and Order* at 15464 ¶ 505.

[^31]: PSST Application at 6.

[^32]: The Public Safety Broadband License includes the 700 MHz guard
    band segments (768-769/798-799 MHz). *See* *Second* *Report and
    Order* at 15415 ¶ 348.