**DA 05-1296**

**May 5, 2005**

**Wireless Telecommunications Bureau**

**COMMENTS INVITED on Region 19 (New England) 700 MHz Regional PLANNING
COMMITTEE PROPOSED PUBLIC SAFETY plan**

**WT Docket No. 02-378**

**Comment Date: June 6, 2005 Reply Date: June 21, 2005**

On March 7, 2005, the Region 19 (New England)[^1] 700 MHz Regional
Planning Committee ("Region 24") submitted a proposed plan (Plan) for
the use of the 12.5 megahertz of spectrum in the 764-776 and 794-806 MHz
band (700 MHz public safety band) designated for General Use.[^2] Region
19 requests Commission review and approval of the Plan.

By way of background, the Commission adopted a band plan for the 700 MHz
public safety band in 1998, and established a structure to allow
regional planning committees (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.[^3] There are fifty-five RPCs, and each committee is required
to submit its plan for the General Use spectrum.[^4] 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.[^5]

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, and plans
must include an explanation of how all eligible entities within the
region were given such notice.[^6] For the initial meeting called by the
convenor to form the RPC and hold elections, the Commission requires at
least sixty days for appropriate public notifications.[^7] Adequate
notice of meetings and identification of the matters to be discussed are
key to the success of the regional planning process.

Regional plans and plan amendments must be submitted to the Commission
for review and approval. 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.[^8] We
also encourage the RPCs to consider utilizing the guidelines developed
by the Public Safety National Coordination Committee (NCC).[^9]

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.[^10] The Region 19 Plan pre-allocates the narrowband
General Use channels by county as listed in the Region 19 Channel
Allotments, Appendix L.[^11]

We have reviewed the Plan recently submitted by Region 19 and find it to
be sufficient and compliant with the applicable FCC rules[^12] and
policies.[^13] Thus, we accept the Plan.

Prior to taking further action on the Plan, by this Public Notice, we
solicit comments on the 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 24 700 MHz Regional Plan on or before
**June 6, 2005** and reply comments on or before **June 21, 2005.**
Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies.[^14]

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, when completing the transmittal screen, filers should
include their full name, U.S. Postal Service mailing address, and should
reference **WT Docket No. 02-378.** Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail 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.

Parties who choose to file by paper must file an original and four
copies of each filing. Filings may be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). The Commission\'s
contractor will receive hand-delivered or messenger-delivered paper
filings or electronic media for the Commission\'s Secretary at 236
Massachusetts Avenue, N.E., 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 and electronic media sent by 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 mail, Express Mail, and Priority Mail should be addressed to
445 12th Street, SW, Washington, D.C. 20554. All filings must be
addressed to the Commission\'s Secretary, Office of the Secretary,
Federal Communications Commission. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an e-mail to <fcc504@fcc.gov> or call the
Consumer and Governmental Affairs Bureau at (202) 418-0531 (voice) or
(202) 418-7365 (TTY).

Information on the 700 MHz Regional Planning process and RPC activities
is available at <http://www.wireless.fcc.gov/publicsafety/700MHz>. For
further information, contact Jeannie Benfaida, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau, at
(202) 418-0680, TTY (202) 418-7233, or via e-mail to
<Jeannie.Benfaida@fcc.gov>.

Action by the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau.

\- FCC -

[^1]: The Region 19--New England 700 MHz regional planning area is
    comprised of six states: Connecticut, Maine, Massachusetts, New
    Hampshire, Rhode Island and Vermont.

[^2]: *See* Letter dated Feb. 16, 2005, from George J. Pohorilak,
    Chairman, Region 19 to Marlene H. Dortch, Secretary, FCC (submitting
    the Region 19 700 MHz Plan on behalf of the Region 19 700 MHz
    Regional Planning Committee) filed on Mar. 7, 2005. On March 25,
    2005, Region 19, recognizing that it had inadvertently omitted
    Letters of Concurrence from its adjacent regions (Region
    8-Metropolitan New York and Region 30-Western New York) submitted a
    new plan correcting the omission. On March 31, 2005, Region 19
    withdrew the March 7, 2005 submission, and stated that only the Plan
    filed on March 25, 2005 should be considered.

[^3]: *See* 47 C.F.R. § 90.527; *see also* The Development of
    Operational, Technical and Spectrum Requirements for Meeting
    Federal, State and Local Public Safety Agency Communication
    Requirements through the Year 2010, *First Report and Order and
    Third Notice of Proposed Rulemaking,* WT Docket No. 96-86, 14 FCC
    Rcd 152 (1998) (*First Report and Order*); *Second Memorandum
    Opinion and Order*, 15 FCC Rcd 16844 (2000).

[^4]: A list of 700 MHz regional planning committees and region
    activities is available at
    <http://wireless.fcc.gov/publicsafety/700MHz>. Each regional plan
    must contain certain elements, and must be coordinated with adjacent
    regions. *First Report and Order*, 14 FCC Rcd at 193-94 ¶ 84, 195 ¶
    87.

[^5]: *Id.* at 195 ¶ 87.

[^6]: *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.

[^7]: *Id*. at 195 ¶ 86 & n.220.

[^8]: 47 C.F.R. § 90.527; *see also* *First Report and Order,* 14 FCC
    Rcd at 190-196 ¶¶ 77-89.

[^9]: 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. The NCC was also 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>.

[^10]: The Region 19 channel allocation plan was developed using the
    Computer Assisted Pre-coordination Resource and Database System
    (CAPRAD) administered by the National Law Enforcement and
    Corrections Technology Center-Rocky Mountain Region (NLECTC-RM). The
    NLECTC-RM is a program of the National Institute of Justice and is
    sponsored by the University of Denver through the Denver Research
    Institute. The CAPRAD system is available at
    [http://caprad.nlectc.du.edu](http://caprad.nlectc.du.edu/).

[^11]: *See* Plan Appendix L Region 19 New England Channel Allotments.
    CAPRAD pre-designated initial allotments are pre-allocated in
    county-like area (the area within the county as well as a distance
    of up to ten miles outside of the county) frequency pools to
    maximize channel-reuse of any "orphan" channels. Given this
    approach, after Commission approval is obtained, any modifications
    to the existing Region 19 Channel Allotment List, and the extended
    parameters described above, will require an amendment to the Plan.
    Also the assignments for the wideband General Use channels will
    require an amendment to the Plan before those wideband channels may
    be licensed.

[^12]: We note that, with respect to Low Power Assignments, the proposed
    Plan, Part 1, Section 6 at 6, states that, "under special
    circumstances, an applicant may request an ERP of 5W for a mobile
    unit, with the identified antenna restriction of seven meters." We
    clarify that this would require a waiver of 47 C.F.R § 90.541(d) and
    acceptance of the Plan is without prejudice to whether such waivers
    would be granted.

[^13]: Notably, Region 19 obtained Letters of Concurrence from its
    adjacent regions: Region 8-Metropolitan New York, and Region 30-New
    York State, northern and western counties. The Plan also includes
    copies of published meeting announcements, notices and membership
    information. *See* Plan, Section 2 at 4, and Appendix-M Region 19
    New England Notification List.

[^14]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    63 Fed. Reg. 24121 (1998).