**DA 05-1091**

**April 15, 2005**

**Wireless Telecommunications Bureau**

**COMMENTS INVITED on Region 24 (Missouri) 700 MHz Regional PLANNING
COMMITTEE PROPOSED PUBLIC SAFETY plan**

**WT Docket No. 02-378**

**Comment Date: May 15, 2005 Reply Date: May 31, 2005**

On March 7, 2005, the Region 24 (Missouri) 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.[^1] Region 24
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.[^2] There are fifty-five RPCs, and each committee is required
to submit its plan for the General Use spectrum.[^3] 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.[^4]

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.[^5] 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.[^6] 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.[^7] We
also encourage the RPCs to consider utilizing the guidelines developed
by the Public Safety National Coordination Committee (NCC).[^8]

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.[^9] The Region 24 Plan pre-allocates both narrowband
and wideband General Use channels by county as listed in the Region 24
Channel Allotments, Appendix G.[^10]

We have reviewed the Plan recently submitted by Region 24 and find it to
be sufficient and compliant with the applicable FCC rules and
policies.[^11] 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
**May 15, 2005** and reply comments on or before **May 31, 2005.**
Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies.[^12]

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 -

/media/pszemraj/PeterTrove/project-files/DATA/ms-word-files/big-DOC/812510.doc

[^1]: *See* Letter dated Mar. 7, 2005, from Stephen T. Devine, Chairman,
    Region 24 to Marlene H. Dortch, Secretary, FCC (submitting the
    Region 24 700 MHz Plan on behalf of the Region 24 700 MHz Regional
    Planning Committee). Region 24 previously submitted a proposed plan
    in September 2003, which the Public Safety and Critical
    Infrastructure Division (Division), Wireless Telecommunications
    Bureau determined to be deficient in the following respects: (1)
    evidence of successful coordination with adjacent regions, and (2)
    demonstration of adequate notice to all eligible entities and
    regional planning committee membership information. *See* Letter
    dated Mar. 29, 2004, from D'wana R. Terry, Chief, Public Safety and
    Critical Infrastructure Division, Wireless Telecommunications Bureau
    to Stephen T. Devine, Chairman, Region 24 (Division Letter). Region
    24 filed a petition for reconsideration of the Division's
    determination on April 7, 2004, but withdrew the petition on March
    7, 2005. *See* Region 24 Motion to Withdraw Petition for
    Reconsideration, WT Docket 02-378 (filed Mar. 7, 2005). The Division
    granted the withdrawal request on March 11, 2005. *See* In the
    Matter of Region 24 (Missouri) 700 MHz Regional Committee Proposed
    Public Safety Plan, *Order*, WT Docket 02-378, DA 05-645 (WTB PSCID
    rel. Mar 11, 2005). The current Plan addresses the deficiencies
    previously identified by the Division, and the Plan has been
    modified to correct certain administrative errors.

[^2]: *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).

[^3]: 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.

[^4]: *Id.* at 195 ¶ 87.

[^5]: *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.

[^6]: *Id*. at 195 ¶ 86 & n.220.

[^7]: 47 C.F.R. § 90.527; *see also* *First Report and Order,* 14 FCC
    Rcd at 190-196 ¶¶ 77-89.

[^8]: 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>.

[^9]: Region 24 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) to
    create its channel allocation plan. 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
    available at
    [http://caprad.nlectc.du.edu](http://caprad.nlectc.du.edu/).

[^10]: *See* Plan Appendix G Channel Allotments. Region 24 frequencies
    were 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. Region 24 believes that such an extended county
    area will enable Region 24 to maximize channel-reuse of any "orphan"
    channels. Given this approach, after Commission approval is
    obtained, any modifications to the existing Region 24 Channel
    Allotment list, and the extended parameters described above, will
    require an amendment to the Plan.

[^11]: Notably, Region 24 recirculated its proposed revised Plan to all
    eight adjacent regions, obtaining the required Letters of
    Concurrence from the formerly unformed regions Region 4-Arkansas and
    Region 34-Oklahoma. In addition, new Letters of Concurrence were
    obtained from Region 13-Illinois, Region-15 Iowa, Region
    17-Kentucky, Region-16 Kansas, Region 26-Nebraska, and Region
    39-Tennessee. The Plan also includes copies of published meeting
    announcements, notices and a detailed membership list. Finally,
    Region 24 has removed the frequency give-back procedure which the
    Division determined to be outside the scope of authority the
    Commission vested in the 700 MHz RPCs. *See Division Letter* at 4-5.

[^12]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    63 Fed. Reg. 24121 (1998).