**DA 08-2624**

**Released: December 1, 2008**

**Public safety and homeland security bureau SEEKS COMMENT ON REGION 16
(KANSAS) REVISED 700 mhz regional plan**

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

**Comments Due: December 22, 2008**

**Reply Comments Due: January 2, 2009**

*Introduction.* On January 30, 2008, the Region 16 (Kansas)[^1] 700 MHz
Regional Planning Committee (RPC) (Region 16) submitted a proposed
revised 700 MHz Public Safety Plan (Revised Plan) for General Use[^2]
spectrum in the 769-775/799-805 MHz band.[^3] Region 16 concurrently
requested a temporary, limited waiver of Sections 90.527(a)(3) and (6),
47 C.F.R. §§ 90.527(a)(3), (6) (requiring that regional plans
incorporate a general description of how the spectrum would be allotted
among the various eligible users, and a detailed description of how the
plan put the spectrum to the best possible use).[^4] Region 16 states
that it utilizes the Computer Aided Pre-Allocation Resource and Database
(CAPRAD) program as a guideline for assigning spectrum (The CAPRAD
system is a spectrum management tool provided by the National Institute
of Justice, National Law Enforcement and Corrections Technology Center
(NLECTC). The CAPRAD system is available at
http://caprad.nlectc.du.edu.). CAPRAD was not updated to reflect the new
consolidated band frequencies prior to the Bureau's plan amendment
filing deadline.

Region 16 also requested waiver of Section 90.527(a)(5), because it was
unable to coordinate the Revised Plan with Region 34 (Oklahoma).[^5]
Section 90.527(a)(5) provides that regional plans must include an
explanation of how the plan had been coordinated with adjacent
regions.[^6] On June 16, 2008, Region 16 submitted a revised Appendix L
-- Region 16 (Kansas) 700 MHz General Use Channel Assignment, and
withdrew its request for temporary, limited waiver of Sections
90.527(a)(3) and (6).[^7] On October 7, 2008, Region 16 submitted a
Letter of Concurrence from Region 34 and provided a signed certification
that all meetings were open to the public.[^8] On October 16, 2008,
Region 16 resubmitted a corrected copy of the Region 34 letter of
concurrence.[^9] As a result, the waiver requests are now moot.

*Background.* In 1998, the Federal Communications Commission
(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.[^10] Each committee of the fifty-five RPCs is required to
submit a plan for the General Use spectrum.[^11] 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.[^12]

The Commission expects RPCs to ensure that they represent 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.[^13] For the initial meeting, called by the convenor to
form the RPC and hold elections, the Commission requires at least sixty
days notice.[^14] 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.[^15] We also
encourage the RPCs to consider utilizing the guidelines developed by the
Public Safety National Coordination Committee (NCC).[^16] 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 Commission adopted a *Second* *Report and Order*
revising the rules governing wireless licenses in the 700 MHz band.[^17]
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 RPC plans
(*i.e*. require that the plans be amended).[^18] 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*.*[^19] On November 9, 2007, the Public Safety and
Homeland Security Bureau (the 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.[^20] In a
Public Notice released December 27, 2007, the Bureau subsequently
provided further guidance with respect to the submission of amended RPC
plans.[^21]

*Region 16 Revised 700 MHz Plan.* The Region 16 Revised Plan
pre-allocates the consolidated narrowband General Use spectrum by
county.[^22] The Revised Plan was coordinated with the five adjacent
regions to Region 16: Region 7 (Colorado), Region 24 Missouri, Region 26
(Nebraska), Region 34 (Oklahoma), and Region 52 (Texas-Panhandle).[^23]
We have reviewed the Region 16 Revised Plan, find that it complies with
applicable Commission rules and policies, and tentatively accept the
Plan.

Prior to taking further action on the Revised 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 16 Revised 700 MHz Plan on or
before **December 22,** **2008**, and reply comments on or before
**January 2, 2009.** 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. 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 Plan is available through ECFS at ecfs@fcc.gov. Region 16 Revised
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 16 (Kansas) 700 MHz regional planning area includes the
    entire state of Kansas.

[^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 Randy D. Moon, Chairman, Region 16 700 MHz
    Regional Planning Committee Plan, to Office of the Secretary,
    Federal Communications Commission, PS Docket No. 06-229 (filed Jan.
    30, 2008) (Revised Plan and Waiver Request). The Region 16 plan was
    initially submitted to the Commission on June 26, 2007.

[^4]: *See* Waiver Request at 1; *see also* 47 C.F.R. §§ 90.527(a)(3),
    (6).

[^5]: Waiver Request at 1; *see also* 47 C.F.R. §§ 90.527(a)(5).

[^6]: *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).

[^7]: *See* Letter from Randy D. Moon, Chairman, Region 16, Chairman,
    Region 16 700 MHz Regional Planning Committee Plan, WT Docket No.
    02-378 (filed June 16, 2008) (submitting Revised Plan, Appendix L --
    Region 16 (Kansas) 700 MHz General Use Channel Assignments).

[^8]: *See* Letter from Randy Moon, Chairman to Federal Communications
    Commission, WT Docket No. 02-378 (filed Oct. 7, 2008) (submitting
    Region 34 letter of concurrence, and a signed certification by the
    regional chairperson that all planning, committee and executive
    meetings were open to the public).

[^9]: *See* Letter from Randy Moon, Chairman to Federal Communications
    Commission, WT Docket No. 02-378 (filed Oct. 16, 2008) (submitting
    corrected Region 34 letter of concurrence due to a typographical
    error in the Oct. 7 submission).

[^10]: *See* 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). *See
    also* 47 C.F.R. § 90.527.

[^11]: *See* 47 C.F.R. §§ 90.527, 90.531. An RPC must incorporate
    certain common elements into its 700 MHz plan. The 700 MHz public
    safety band contains 24 MHz of spectrum for public safety services
    at 763-775 and 793-805 MHz, and the narrowband allocation is divided
    into segments by designated purpose: General Use, Interoperability,
    Secondary Trunking, State License, Low Power and Reserve channels. A
    list of 700 MHz RPCs and region activities is available at
    http://www.fcc.gov/pshs/public-safety-spectrum/700-MHz.

[^12]: *First Report and Order*, 14 FCC Rcd at 195 ¶ 87.

[^13]: *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.

[^14]: *Id*. at 195 ¶ 86 & n.220.

[^15]: 47 C.F.R. § 90.527. *See also* *First Report and Order,* 14 FCC
    Rcd at 190-96 ¶¶ 77-89.

[^16]: 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/nccsubcom.jsp.

[^17]: 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*).

[^18]: *Id*. at 15414 ¶ 346.

[^19]: 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).

[^20]: *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).

[^21]: *See* Public Safety and Homeland Security Bureau Reminds 700 MHz
    Regional Planning Committees of the January 31, 2008 Deadline to
    Amend 700 MHz Narrowband Plans and Provides Further Guidance, PS
    Docket No. 06-229, WT Docket No. 96-86, *Public Notice*, 22 FCC Rcd
    21889 (PSHSB 2007).

[^22]: *See* Revised Plan, Appendix L -- Region 16 (Kansas) 700 MHz
    General Use Channel Assignments (submitted June 16, 2008).

[^23]: *See* Revised Plan, Appendix N -- Adjacent Regions Concurrences
    and Inter-Regional Dispute Resolution Agreements (submitted Jan. 30,
    2008; revised Oct. 16, 2008).