**DA 08-1296**

**Released: June 2, 2008**

**Public safety and homeland security bureau INVITES COMMENTS ON REGION
21 (MICHIGAN) REVISED 700 mhz regional plan**

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

**Comments Due: June 23, 2008**

**Reply Comments Due: July 3, 2008**

*Introduction.* On January 23, 2008, the Region 21 (Michigan)[^1] 700
MHz Regional Planning Committee (Region 21) submitted a revised 700 MHz
Public Safety Plan (Revised Plan) for General Use[^2] spectrum in the
769-775/799-805 MHz band. [^3]

*Background.* In 1998, the Commission established a structure to allow
RPCs optimal flexibility to meet state and local needs, encourage
innovative use of the spectrum, and accommodate new and as yet
unanticipated developments in technology and equipment.[^4] There are
fifty-five RPCs, and each committee is required to submit its plan for
the General Use spectrum.[^5] The Commission's role in relation to the
RPCs is limited to (1) defining the regional boundaries; (2) requiring
fair and open procedures, *i.e.*, requiring notice, opportunity for
comment, and reasonable consideration; (3) specifying the elements that
all regional plans must include; and (4) reviewing and accepting
proposed plans (or amendments to approved plans) or rejecting them with
an explanation.[^6]

The Commission expects RPCs to ensure that their committees are
representative of all public safety entities in their regions by
providing reasonable notice of all meetings and deliberations. Further,
regional plans must include an explanation of how all eligible entities
within the region were given such notice.[^7] For the initial meeting,
called by the convenor to form the RPC and hold elections, the
Commission requires at least sixty days notice.[^8] In developing their
regional plans, RPCs must ensure that their proposed plans comply with
the rules and policies governing the 700 MHz public safety regional
planning process.[^9] We also encourage the RPCs to consider utilizing
the guidelines developed by the Public Safety National Coordination
Committee (NCC).[^10] RPCs may approach the assignment of the spectrum
differently, *e.g.,* by making specific assignments to eligible public
safety entities, or by establishing an allotment pool approach based on
political boundaries such as counties.

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.[^11] 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).

*Region 21 700 MHz Revised Plan.* The Region 21 Revised Plan
pre-allocates the consolidated narrowband General Use spectrum by
county.[^12] The Revised Plan was coordinated with all four regions
adjacent to Region 21: Region 14 (Indiana), Region 33 (Ohio), Region 54
(Illinois-Great Lakes), and Region 45 (Wisconsin). We have reviewed the
Region 21 Revised Plan and find it to be compliant with the applicable
Commission rules and policies, and tentatively accept the Revised
Plan.[^13]

Prior to taking further action on the Revised Plan, by this Public
Notice, we solicit comments on the Revised Plan. Pursuant to Sections
1.415 and 1.419 of the Commission's rules, 47 C.F.R. §§ 1.415, 1.419,
interested parties may file comments on the Region 21 700 MHz Revised
Plan on or before **June 23, 2008**, and reply comments on or before
**July 3, 2008.** All comments and reply comments should reference the
subject Revised Plan and **PS Docket No. 06-229** and **WT Docket No.
02-378.** Comments and reply comments may be filed by using (1) the
Commission's Electronic Comment Filing System (ECFS), (2) the Federal
Government's eRulemaking Portal, or (3) by filing paper copies. *See*
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998).

-   [Electronic Filers]{.underline}: Comments and reply comments may be
    filed electronically using the Internet by accessing the ECFS:
    <http://www.fcc.gov/cgb/ecfs> or the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

-   [For ECFS Filers]{.underline}: In completing the transmittal screen,
    filers should include their full name, U.S. Postal Service mailing
    address, and the rulemaking number. Parties may also submit an
    electronic comment by Internet e-mail. To get filing instructions,
    filers should send an email to <ecfs@fcc.gov> and include the
    following words in the body of the message: "get form." A sample
    form and directions will be sent in response.

-   [Paper Filers]{.underline}: Parties who choose to file by paper must
    file an original and four copies of each filing.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although the Commission continues to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to:
Secretary, Office of the Secretary, Federal Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, SW, Washington, D.C. 20554.

-   [People with Disabilities]{.underline}: To request materials in
    accessible formats for people with disabilities (Braille, large
    print, electronic files, audio format), send an email to
    [fcc504@fcc.gov]{.underline} or call the Consumer & Governmental
    Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

All filings must be addressed to the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12th Street, SW, Washington, D.C. 20554. Parties must also serve one
copy with the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C.
20554, (202) 488-5300, or via email to <fcc@bcpiweb.com>.

The Revised Plan is available through ECFS at <ecfs@fcc.gov>. Region 21
Plan documents in **PS Docket No. 06-229** and **WT Docket No. 02-378**
are available for public inspection and copying during business hours at
the FCC Reference Information Center, Portals II, 445 12th St. SW, Room
CY‑A257, Washington, D.C. 20554. The documents may also be purchased
from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202)
488-5562, email <fcc@bcpiweb.com>.

For further information regarding this matter, contact Jeannie Benfaida,
Policy Division, Public Safety and Homeland Security Bureau at (202)
418-2313 or <Jeannie.Benfaida@fcc.gov>.

\- FCC -

[^1]: The Region 21 (Michigan) 700 MHz regional planning area includes
    all eighty-three (83) Michigan counties in both the Lower and Upper
    Peninsulas, and shares its eastern and northeastern borders with
    Canada. In addition, there are four federally recognized Native
    American Tribal Nations: Chippewa, Odawa, Ottawa and Potawatomi.

[^2]: The General Use spectrum is administered by regional planning
    committees (RPCs) and is licensed for public safety services on a
    site-by-site basis in accordance with the relevant
    Commission-approved regional plan and frequency coordination.

[^3]: *See* Letter from Joe Turner, Region 21 700 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. 23, 2008) (submitting Revised Plan). On April 10, 2006,
    Region 21 submitted a 700 MHz plan, which was dismissed without
    prejudice on January 31, 2007 (citing deficiencies). *See* Letter
    from Deputy Bureau Chief, Dana Shaffer, Public Safety and Homeland
    Security Bureau, to Joseph M. Turner, Chair, 700 MHz RPC, Michigan
    Public Safety Frequency Advisory Committee, 22 FCC Rcd 1877 (PSHSB
    2007).

[^4]: *See* 47 C.F.R. § 90.527; *see also* Development of Operational,
    Technical and Spectrum Requirements for Meeting Federal, State and
    Local Public Safety Agency Communication Requirements through the
    Year 2010, WT Docket No. 96-86, *First Report and Order and Third
    Notice of Proposed Rulemaking,* 14 FCC Rcd 152 (1998) (*First Report
    and Order*); *Second Memorandum Opinion and Order*, 15 FCC Rcd 16844
    (2000).

[^5]: *See* 47 C.F.R. § 90.527. Each RPC must incorporate certain common
    elements into its 700 MHz plan. A list of 700 MHz RPCs and region
    activities is available at
    <http://www.fcc.gov/pshs/public-safety-spectrum/700-MHz/>.

[^6]: *First Report and Order*, 14 FCC Rcd at 195 ¶ 87.

[^7]: *Id.* at 193-94 ¶ 84. RPCs must promptly adopt operating
    procedures that "ensure that all entities will be given reasonable
    notice of all committee meetings and deliberations." *Id.* at 195 ¶
    86.

[^8]: *Id*. at 195 ¶ 86 & n.220.

[^9]: 47 C.F.R. § 90.527; *see also* *First Report and Order,* 14 FCC
    Rcd at 190-96 ¶¶ 77-89.

[^10]: The NCC was a federal advisory committee established by the
    Commission in 1999 to address and advise the Commission on
    operational and technical parameters for use of the 700 MHz public
    safety band. In addition, the NCC was tasked with providing
    voluntary assistance in the development of coordinated regional
    plans, and developed a *Regional Planning Guidebook.* Following the
    sunset of the NCC's charter on July 25, 2003, the National Public
    Safety Telecommunications Council (NPSTC) agreed to continue to
    provide assistance to regional planners. A copy of the 700 MHz
    Regional Planning Guidebook is available at the NPSTC website
    <http://www.npstc.org/documents.html>.

[^11]: 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*).

[^12]: *See* Plan, Appendix N - Region 21 Spectrum Allotment which also
    includes a map depicting two zones: A U.S. Border Sharing Zone 1,
    Sector 1 (channels shown in red), and a Protection Zone (channels
    highlighted in blue).

[^13]: *See* Plan, Appendix X - Inter-Regional Coordination Agreements
    (includes copies of coordination concurrences and signed disputed
    resolution agreements from each region adjacent to Region 21).