**DA 08-1267**

**Released: May 29, 2008**

**Public safety and homeland security bureau INVITES COMMENTS ON REGION
20 (Northern Virginia, Maryland and District of Columbia) revised
700 mhz regional plan**

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

**Comments Due: June 19, 2008**

**Reply Comments Due: June 30, 2008**

*Introduction.* On December 31, 2007, the Region 20 (District of
Columbia, Maryland and Northern Virginia)[^1] 700 MHz Regional Planning
Committee (Region 20) submitted a revised 700 MHz Public Safety Plan
(Revised Plan) for General Use[^2] spectrum in the 769-775/799-805 MHz
band. [^3] Region 20 also requested waiver of Sections 90.527(a)(3), (5)
and (6) of the Commission rules.[^4] Region 20 requested waiver of
Sections 90.527(a)(3) and (6) because it had not submitted either a
general description of how the spectrum would be allotted among the
various eligible users or a detailed description of how the plan would
put the spectrum to the best possible use, as required by the rules.[^5]
On April 14, 2008, Region 20 submitted a supplement to its Revised Plan
in an effort to cure this deficiency.[^6]

Region 20 also sought waiver of Section 90.527(a)(5), which provides
that regional plans must include an explanation of how the plan had been
coordinated with adjacent regions,[^7] because the adjacent Region 36
(Western Pennsylvania) RPC had not convened at the time Region 20
requested coordination.[^8]

*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.[^9] There are
fifty-five RPCs, and each committee is required to submit its plan for
the General Use spectrum.[^10] 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.[^11]

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.[^12] For the initial meeting,
called by the convenor to form the RPC and hold elections, the
Commission requires at least sixty days notice.[^13] 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.[^14] We also encourage the RPCs to consider utilizing
the guidelines developed by the Public Safety National Coordination
Committee (NCC).[^15] 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.[^16] 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 regional
planning committee (RPC) plans (*i.e*. require that the plans be
amended).[^17] 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*.*[^18] On November
9, 2007, the Public Safety and Homeland Security Bureau (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.[^19]

*Region 20 700 MHz Revised Plan.* The Region 20 Revised Plan
pre-allocates the consolidated narrowband General Use spectrum by county
and where appropriate, by District or city.[^20] The Revised Plan was
coordinated with three of the four regions adjacent to Region 20: Region
28 (Eastern Pennsylvania, Southern New Jersey and Delaware); Region 42
(Virginia), and Region 44 (West Virginia).^.^[^21]

The Revised Plan does the following:

-   Deletes references to the former 700 MHz General Use frequencies and
    limits plan discussion to the consolidated narrowband voice channels
    in 769-775 MHz and 799-805 MHz band.[^22]

-   Deletes references to the assignment of wideband channels.[^23]

-   Amends Figure 2 -- Process for Evaluating User Applications for
    Voice Channels.[^24]

-   Adds to Section 3.9 Management of Channel Assignments, construction
    requirements pursuant to 47 C.F.R. § 90.551.[^25]

-   Adds to Section 7.0 Interoperability Channels, interoperability
    channel capability requirement pursuant to 47 C.F.R. § 90.547.[^26]

We have reviewed the Region 20 Revised Plan and find it to be compliant
with the applicable Commission rules and policies, and tentatively
accept the Revised Plan.

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 20 700 MHz Revised
Plan on or before **June 19, 2008**, and reply comments on or before
**June 30, 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 20
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 20 area encompasses the District of Columbia, Maryland
    and Northern Virginia (Arlington, Fairfax, Fauquier, Loudoun, Prince
    William and Stafford Counties, and the cities of Alexandria,
    Fairfax, Falls Church, Manassas and Manassas Park).

[^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 G. Edward Ryan, Chairman, Region 20 700 MHz
    Regional Planning Committee, to Office of the Secretary, Federal
    Communications Commission, WT Docket No. 02-378, (filed Dec. 31,
    2007) (Revised Plan and Waiver Request). The Region 20 Plan was
    initially submitted to the Commission in June 2007.

[^4]: 47 C.F.R. §§ 90.527(a)(3), (5) and (6).

[^5]: *See* 47 C.F.R. §§ 90.527(a)(3), (6).

[^6]: *See S*upplement to Revised Plan (filed Apr. 14, 2008) (Appendix G
    -- Channel Assignments by Geographic Area).

[^7]: *See* 47 C.F.R. 90.527(a)(5) (each regional planning committee
    must provide an explanation of how the plan has been coordinated
    with adjacent regions). *See also* Revised Plan, Waiver at 6.

[^8]: We note that Region 36 recently convened its first meeting on May
    14, 2008. *See* Public Safety and Homeland Security Bureau Action;
    Region 36 (Western Pennsylvania) 700 MHz Regional Planning Committee
    Announces First Meeting, *Public Notice,* 23 FCC Rcd 3717 (PSHSB
    2008). Accordingly, we anticipate that Region 20 will pursue
    coordination of its Revised Plan with Region 36 at its earliest
    convenience.

[^9]: *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).

[^10]: *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/>.

[^11]: *First Report and Order*, 14 FCC Rcd at 195 ¶ 87.

[^12]: *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.

[^13]: *Id*. at 195 ¶ 86 & n.220.

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

[^15]: 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>.

[^16]: 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*).

[^17]: *Id.* at 15414 ¶ 346.

[^18]: 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).

[^19]: *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).

[^20]: *See* Revised Plan, Appendix G -- Table of Channel Assignments,
    include allocations for the District of Columbia, and the cities of
    Alexandria, VA and Baltimore, MD.

[^21]: *See* Revised Plan, Sections 5.0 -- 5.1 Coordination with
    Adjacent Regions at 46-49 Inter-Regional Coordination Procedures and
    Procedures for Resolution of Disputes That May Arise under FCC
    Approved Plans, and Section 5.1 at 51-53, letters of concurrence
    from Region 28, Region 42 and Region 44.

[^22]: *See* Revised Plan at 3-4.

[^23]: *See* Revised Plan, Section 3.13 - Wideband/Broadband Data. This
    section was deleted, except to note broadband utilization, as
    provided by waiver grant to establish a regional broadband network.
    *See* National Capital Region's Regional Wireless Broadband Network,
    Request by National Capital Region for Waiver of the Commission's
    Rules to Allow Establishment of a 700 MHz Interoperable Broadband
    Data Network, WTB Docket 96-86, *Order,* 22 FCC Rcd 1846 (PSHSB
    2007).

[^24]: *See* Revised Plan at 30.

[^25]: *See* Revised Plan, Section 3.9 at 26. *See also* 47 C.F.R. §
    90.551 (each station authorized in the 769-775 MHz and 799-805 MHz
    frequency band must be constructed and placed into operation within
    12 months from the date of grant of an authorization. Licensees may
    request a longer construction period, up to but no exceeding 5
    years, pursuant to 90.155(b)).

[^26]: *See* Revised Plan, Section 7.0 Interoperability Channels.