**DA 06-1322**

**June 27, 2006**

**Wireless Telecommunications Bureau ACTION**

**Wireless Telecommunications Bureau APPROVES**

**Region 43 (Washington) 700 MHz Regional PLAN**

**WT Docket No. 02-378**

On February 7, 2006, the Region 43 (Washington)[^1] 700 MHz Regional
Planning Committee (Region 43) 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
43 requested Commission review and approval of the Plan.[^3] For the
reasons discussed below, we approve the Region 43 700 MHz Regional Plan.

*Background.* In 1998, the Commission adopted a band plan for the 700
MHz public safety band, and established a structure to allow regional
planning committees (RPCs) maximum 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] The
Commission's role in relation to the RPCs involves, as a general matter,
(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]

*Plan Requirements.* There are fifty-five RPCs and each committee is
required to submit its plan for the assignment of licenses for General
Use spectrum.[^6] Each regional plan must contain certain elements[^7]
and must be coordinated with adjacent regions.[^8] RPCs are expected to
ensure that their committees are representative of all public safety
entities in their regions by providing adequate notice of all meetings,
opportunity for comment, and reasonable consideration of views
expressed. Plans must include an explanation of how all eligible
entities within the region were given such notice.[^9] Plans should list
the steps undertaken to encourage and accommodate all eligible entities
to participate in the planning process, such as holding meetings in
various parts of the region. In addition, a regional plan should
describe outreach efforts made to tribal governments.

Regional plans may differ somewhat in approaches to spectrum planning
and management. In particular, some plans may make specific assignments
to eligible public safety entities, while others may establish an
allotment pool approach based on political boundaries such as
counties.[^10] However, all 700 MHz plans submitted for review and
approval must sufficiently address each of the common elements in the
Commission's regional plan requirements.[^11] RPCs also are encouraged
to consider utilizing the guidelines developed by the Public Safety
National Coordination Committee (NCC).[^12]

*Review of the Region 43 Plan.* Region 43 submitted its proposed plan on
February 7, 2006.[^13] Region 43 convened its first of twenty-eight 700
MHz regional planning meetings beginning in November 14, 2000, wherein
it appointed its officers, formed subcommittees[^14] and adopted
Bylaws.[^15] The Plan includes meeting minutes,[^16] announcements and
notices,[^17] and a detailed membership list.[^18] The membership is
sufficiently diverse and we note that meetings were held throughout the
State, in an apparent effort to encourage participation and facilitate
attendance.[^19] The Plan details the operations of the regional plan
committee, procedures for requesting spectrum allotments, frequency
coordination, and plan modification.[^20] The Plan discusses
interoperability channels, system implementation and spectrum
utilization.[^21] The Plan was adopted by its members on January 26,
2005 and was coordinated with the adjacent regions.[^22] The Plan also
includes *Inter-Regional Coordination Procedures and Procedures for
Resolution of Disputes that May Arise Under FCC Approved Plans* (signed
by the chairpersons of 700 MHz Regional Planning Regions 12 and
34).[^23]

On March 14, 2006, the Region 43 Plan was placed on *Public Notice* for
comment.[^24] We received no comments on the Plan. We have reviewed the
Plan submitted by Region 43, and conclude, based on the information
before us, that it complies with other applicable 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 43 (Washington) 700
MHz Public Safety Plan is APPROVED.

This action is taken under delegated authority pursuant to Sections
0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331.

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

\- FCC -

[^1]: The Region 43 (Washington) 700 MHz regional planning area
    encompasses the entire state of Washington, consisting of
    thirty-nine counties, and shares its northernmost border with Canada
    at the Counties of Whatcom, Okanogan, Ferry, Stevens and Pend
    Oreille. In addition, there are thirty-nine federally recognized
    Tribes in Washington State.

[^2]: *See* Letter dated Feb. 7, 2006, from Jon Wiswell, Chairman,
    Region 43 to FCC, Wireless Telecommunications Bureau, WT Docket
    02-378 (submitting the Region 43 700 MHz Plan on behalf of the
    Region 43 700 MHz Regional Planning Committee). The General Use
    spectrum is administered by regional planning committees and will be
    licensed for public safety services on a site-by-site basis in
    accordance with the relevant Commission-approved regional plan and
    frequency coordination. The Development of Operational, Technical
    and Spectrum Requirements for Meeting Federal, State and Local
    Public Safety Agency Communication Requirements through the Year
    2010, *Fourth Memorandum Opinion and Order*, WT Docket No. 96-86, 17
    FCC Rcd 4736, 4738 n.8 (2002).

[^3]: *See* 47 C.F.R. § 90.527(a)(5).

[^4]: *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, WT Docket No. 96-86, *First
    Report and Order and Third Notice of Proposed Rulemaking,* 14 FCC
    Rcd 152 (1998) (*First Report and Order*).

[^5]: *See* *First Report and Order,* 14 FCC Rcd at 195 ¶ 87.

[^6]: *See* 47 C.F.R. § 90.531. The 700 MHz public safety band plan
    contains 24 MHz of spectrum for public safety services at 764-776
    MHz and 794-806 MHz, and is divided into several segments by
    designated purpose: General Use, Interoperability, Secondary
    Trunking, State License, Low Power and Reserve channels.

[^7]: *See* 47 C.F.R. § 90.527; *see also* *First Report and Order*, 14
    FCC Rcd at 193-94 ¶ 84.

[^8]: *See* 47 C.F.R. § 90.527; *see also First Report and Order*, 14
    FCC Rcd at 190-96 ¶¶ 77-89.

[^9]: *See First Report and Order*, 14 FCC Rcd at 193-94 ¶ 84. RPCs were
    directed to promptly adopt operating procedures that "ensure that
    all entities will be given reasonable notice of all committee
    meetings and deliberations." *Id.* at 195 ¶ 86.

[^10]: *See* Plan, Appendix G - Region 43 Channel Block Assignments by
    County. The Region 43 General Use narrowband frequencies are
    pre-allotted in county-like pools. Region 43 utilized the frequency
    packing program within 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/). We note
    that the Region 43 General Use wideband channels are not included in
    the instant Plan. Therefore, a Plan Amendment will have to be
    submitted and approved by the Commission before the wideband
    channels may be licensed.

[^11]: 47 C.F.R. § 90.527.

[^12]: 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. The *Guidebook* is available at the
    NPSTC website <http://www.npstc.org/documents.html>.

[^13]: *See supra* note 2.

[^14]: Plan Section 4, Information and Notification Process at 16.

[^15]: Plan Appendix I -- Bylaws (revised January 26, 2005).

[^16]: Plan Appendix C -- Region 43 RPC Meeting Minutes (Region 43 700
    MHz and 800 MHz regional planning activities and resource documents
    are available at [www.region43.org](http://www.region43.org/)).

[^17]: Plan Section 4, Information and Notification Process at 16-17
    (describing efforts to increase awareness and visibility for the
    planning process).

[^18]: Plan Appendix D -- Membership and Meeting Attendance at 47-50.

[^19]: Meetings were held in Everett, Lynnwood, Olympia, Renton,
    Richland, Spokane, Vancouver (Jointly held meeting with adjacent
    Region 35 (Oregon)) and Yakima. *See also* Plan Section 3.4.6,
    Tribal Lands at 15 (the Governor's Office of Indian Affairs (GOIA)
    serves as a liaison between state and tribal governments and
    maintains a website home page at
    [www.goia.wa.gov](http://www.goia.wa.gov/); we note that Region 43
    informed GOIA of its meetings, but there was no tribal
    participation).

[^20]: Plan Section 8.5, Application Filing Windows at 26-27. *See also*
    Plan Section 13.1.2 Spectrum Allocations Changes at 31 (describing
    the Plan Amendment process).

[^21]: Plan Section 3.2, Existing Interoperability and Mutual Aid
    Systems at 9-12; Plan Section 6 Interoperability at 19-22, and Plan
    Appendix A - Table of Interoperability Channels as Identified by the
    NCC Process at 38-40.

[^22]: *See* Plan Appendix H - Letters of Concurrence from Region 43
    obtained Letters of Concurrence from its two adjacent regions,
    Region 12 (Idaho) and Region 35 (Oregon).

[^23]: *Id.*

[^24]: *See* Comments Invited on Region 43 (Washington) 700 MHz Regional
    Planning Committee Proposed Public Safety Plan, *Public Notice,* WT
    Docket No. 02-378, 21 FCC Rcd 2396 (WTB PSCID 2006). Comments were
    due April 13, 2006, and reply comments were due April 28, 2006.