**DA-02-2142**

**September 5, 2002**

**700 MHz PUBLIC SAFETY BAND -- ANNOUNCEMENT OF UPDATES OF
Interoperability Spectrum Administration DECISIONS**[^1]

**WT Docket No. 96-86**

By this *Public Notice*, the Wireless Telecommunications Bureau accepts
and approves the decisions made by each state, district or territory
regarding the administration of the 2.6 megahertz of spectrum in the
764-776 and 794-806 MHz band (700 MHz public safety band) designated for
interoperability communications (interoperability spectrum).[^2]

By way of background, in 1998, the Commission adopted a band plan for
the 700 MHz public safety band.[^3] With respect to the interoperability
spectrum, in 2001, the Commission decided that the states, in the first
instance, should be responsible for administration of the
interoperability channels. In light of the central role that states
provide in managing emergency communications, the Commission concluded
that the states are best suited for administering the interoperability
spectrum and that state-level administration would promote safety of
life and property through seamless, coordinated communications on the
interoperability spectrum.[^4] However, recognizing that some states may
not want to administer this spectrum, the Commission established
safeguards to ensure that an entity would be responsible for
administering the interoperability spectrum. The Commission also
recommended, but did not require the formation of State Interoperability
Executive Committees (SIEC) to administer the interoperability spectrum.

Each state was required to notify the Commission by December 31, 2001,
of its decision to administer the interoperability spectrum by
establishing a SIEC or its equivalent. If a state did not notify the
Commission of a decision by December 31, 2001, then effective January 1,
2002, the 700 MHz Regional Planning Committee(s) (RPC) would assume the
responsibility for administering the interoperability spectrum. On
November 9, 2001, the Chief, Public Safety and Private Wireless
Division, Wireless Telecommunications Division sent reminder letters to
each state.[^5]

This Public Notice reports the results of the decisions made by the
states through either their action or inaction regarding administration
of the interoperability spectrum. We note that thirty-seven states and
the District of Columbia elected to use either existing state entities
to serve in the capacity of a SIEC or indicated their intention to
establish a SIEC in the future.[^6] In addition, only one state
specifically designated its 700 MHz RPC as the entity to perform the
functions described for a SIEC.[^7] Finally, thirteen states, Puerto
Rico and the U.S. Virgin Islands did not respond.[^8] Consequently, as
we noted above, the applicable 700 MHz RPCs will have the responsibility
for administering the interoperability spectrum.[^9]

However, if a state that did not respond prior to the December 31, 2001
deadline is now interested in administering the interoperability
spectrum, there are two requirements. First, the state must submit a
letter signed by the Governor indicating the state's desire to establish
a SIEC or equivalent body to administer the spectrum or delegate that
authority to an existing state agency. Second, if the 700 MHz RPC has
already been established and was designated by the Commission to
administer the interoperability spectrum, then a written statement or
letter signed by the Chairperson of such RPC agreeing to relinquish the
responsibility should accompany a state's written request to assume
responsibility for the administration of the interoperability spectrum.
We anticipate that SIECs who are responsible for developing the
statewide interoperability plan would work in concert with their RPCs.

A list containing interoperability spectrum administration point of
contact information is available at
<http://wireless.fcc.gov/publicsafety/700MHz/interop.html>. For further
information, to send updates to the point of contact listing, or to
request SIEC meeting announcements to be posted to the Commission's 700
MHz public safety web site, contact Jeannie Benfaida, Public Safety and
Private Wireless Division, Wireless Telecommunications Bureau, at (202)
418-0680, TTY (202) 418-7233, or via email to <jbenfaid@fcc.gov>.

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

-FCC-

[^1]: This Public Notice updates *Public Notice* (DA-02-1957) (rel. Aug
    8, 2002).

[^2]: The Commission has defined "interoperability" as "an essential
    communications link within the public safety and public service
    wireless communications systems which permits units from two or more
    different entities to interact with one another and to exchange
    information according to a prescribed method in order to achieve
    predictable results." Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Agency Communications Requirements from the Year 2010, WT
    Docket 96-86, *First Report and Order and Third Notice of Proposed
    Rulemaking,* 14 FCC Rcd 152, 189-190 ¶ 76 (1998).

[^3]: *Id*. at 154 ¶ 2 (1998).

[^4]: *See* Development of Operational, Technical and Spectrum
    Requirements for Meeting Federal, State and Local Public Safety
    Agency Communications Requirements Through the Year 2010, WT Dockets
    No. 96-86, *Fourth Report and Order and Fifth Notice of Proposed
    Rule Making*, 16 FCC Rcd 2020, 2025-26 ¶ 11-13 (2001).

[^5]: *See* Letter from D'wana R. Terry, Chief, Public Safety and
    Private Wireless Division, WTB (dated Nov. 9, 2001). This letter
    served as reminder of two matters related to states' use of the 700
    MHz public safety band: (a) application for the 700 MHz state
    geographic license and (b) each states responsibility to notify the
    Commission of its decision regarding the administration of
    interoperability spectrum.

[^6]: States electing to manage the interoperability spectrum either by
    forming an SIEC or by using an existing state entity to perform the
    functions of a SIEC are as follows: Alaska, Arizona, Arkansas,
    California, Connecticut, Delaware, Florida, Hawaii, Illinois,
    Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
    Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New
    Hampshire, New Jersey, New York, North Carolina, North Dakota,
    Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina,
    Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, and the
    District of Columbia.

[^7]: Montana is the only state that specifically delegated the
    management of the interoperability spectrum to its 700 MHz Regional
    Planning Committee.

[^8]: We received no responses from the following states prior to the
    December 31, 2001 deadline: Puerto Rico, the U.S. Virgin Islands,
    Alabama, Colorado, Georgia, Idaho, Michigan, Minnesota, New Mexico,
    Ohio, South Dakota, Vermont, West Virginia and Wyoming.

[^9]: *See* *Fourth R&O* at 2026 ¶ 13.