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 REPORT  TO  CONGRESS 
 ON  THE  STUDY  TO  ASSESS  SHORT-  TERM  AND  LONG-  TERM  NEEDS  FOR  ALLOCATIONS  OF  ADDITIONAL 
 PORTIONS  OF  THE  ELECTROMAGNETIC  SPECTRUM  FOR  FEDERAL,  STATE  AND  LOCAL 
 EMERGENCY  RESPONSE  PROVIDERS 


 Submitted  Pursuant  to  Public  Law  No.  108-  458 


 FEDERAL  COMMUNICATIONS  COMMISSION  Kevin  J.  Martin,  Chairman 
 December  19,  2005 
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 TABLE  OF  CONTENTS 
 Heading  Paragraph  # 
 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY  ...........................................................................  1  II.  BACKGROUND....................................................................................................................................  3 
 III.  DISCUSSION  ......................................................................................................................................  10  A.  Section  7502(  c)(  i):  The  Operation  and  Administration  of  a  Potential  Nationwide 
 Interoperable  Broadband  Mobile  Communications  Network  (Based  Upon  Input  from  Federal,  State,  Local  and  Regional  Emergency  Response  Providers)  ...........................................  10 
 1.  Overview  .................................................................................................................................  10  2.  Proposals  Regarding  the  Requirements  and  Architecture  of  a  Potential  Nationwide 
 Interoperable  Broadband  Mobile  Communications  Network  .................................................  11  3.  Practical  Considerations  ..........................................................................................................  20 
 4.  Findings...................................................................................................................................  26  B.  Section  7502(  c)(  ii):  Consider  the  Use  of  Commercial  Wireless  Technologies  to  the 
 Greatest  Extent  Practicable  ............................................................................................................  32  1.  Overview  .................................................................................................................................  32 
 2.  Comments  from  Public  Safety  Entities  ...................................................................................  33  3.  Comments  from  Commercial  Entities  .....................................................................................  38 
 4.  Findings...................................................................................................................................  45  C.  Section  7502(  a):  The  Short-  Term  and  Long-  Term  Needs  for  Allocations  of  Additional 
 Portions  of  the  Electromagnetic  Spectrum  for  Federal,  State  and  Local  Emergency  Response  Providers,  and  Whether  or  Not  an  Additional  Allocation  of  Spectrum  in  the  700 
 Megahertz  Band  Should  be  Granted  by  Congress  to  Federal,  State  and  Local  Emergency  Response  Providers........................................................................................................................  50 
 1.  Overview  .................................................................................................................................  50  2.  Status  of  the  700  MHz  Band  ...................................................................................................  53 
 3.  Critical  Infrastructure  and  Other  Emergency  Response  Providers..........................................  61  4.  Comments  Favoring  An  Additional  Allocation  of  Spectrum  in  the  700  MHz  Band  in 
 Light  of  the  Short-  Term  and  Long-  Term  Needs  of  Federal,  State  and  Local  Emergency  Response  Providers  ..............................................................................................  65 
 5.  Comments  Favoring  Additional  Allocations  of  Public  Safety  Spectrum  in  Bands  Other  Than  the  700  MHz  Band  In  Light  of  the  Short-  Term  and  Long-  Term  Needs  of 
 Federal,  State  and  Local  Emergency  Response  Providers  ......................................................  79  6.  Comments  Favoring  Efficient  Use  of  Existing  Public  Safety  Spectrum  and  Opposing 
 An  Additional  Allocation  of  Public  Safety  Spectrum  in  the  700  MHz  Band..........................  83  7.  Findings...................................................................................................................................  91 
 IV.  CONCLUSION  ..................................................................................................................................  101 


 Appendices 
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 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY 
 1.  This  report  is  submitted  by  the  Chairman,  Federal  Communications  Commission  (FCC  or  Commission),  1  pursuant  to  Section  7502  of  the  Intelligence  Reform  and  Terrorism  Prevention  Act  of 


 2004  (Intelligence  Reform  Act).  2  The  Commission's  strategic  goal  for  homeland  security  is  to  provide  leadership  in  evaluating  and  strengthening  the  nations  communications  infrastructure,  in  ensuring  rapid 
 restoration  of  that  infrastructure  in  the  event  of  disruption,  and  in  ensuring  that  essential  public  health  and  safety  personnel  have  effective  communications  services  available  to  them  at  all  times,  and  particularly  in 
 the  event  of  an  emergency.  This  report,  which  reflects  analysis  undertaken  by  the  Commission  staff,  3  is  intended  not  only  to  address  the  questions  posed  by  Congress,  but  also  to  consider  the  many  thoughtful 
 proposals  submitted  in  the  record  for  addressing  the  spectrum  needs  of  traditional  public  safety  entities  and  other  critical  first  responders,  as  well  as  some  lessons  learned  from  the  impact  of  hurricanes  Katrina 
 and  Rita  on  our  nations  communications  infrastructure. 
 2.  In  light  of  the  information  in  the  record  and  from  practical  experience  wrought  from  the  aftermath  of  hurricanes  Katrina  and  Rita,  this  report  examines  the  spectrum  needs  of  traditional  public 


 safety  entities  and  other  critical  first  responders.  This  report  also  considers  proposals  to  enhance  public  safety  interoperability,  particularly  broadband  interoperability,  ranging  from  the  deployment  of  a 
 nationwide,  interoperable  network  to  more  easily  achievable  solutions  that  employ  widely  available  commercial  technologies.  Based  on  a  thorough  examination  of  the  record  in  this  proceeding,  this  report 
 reaches  the  following  principal  findings,  which  are  discussed  in  greater  detail  below  and  in  appendices  to  this  report: 


 o  Emergency  response  providers  would  benefit  from  the  development  of  an  integrated,  interoperable  nationwide  network  capable  of  delivering  broadband  services  throughout  the 
 country. 
 o  While  commercial  wireless  technologies  are  not  appropriate  for  every  type  of  public  safety  communication,  there  may  now  be  a  place  for  commercial  providers  to  assist  public  safety  in 
 securing  and  protecting  the  homeland. 
 o  Prior  to  undertaking  the  instant  study,  the  Commission  has  endeavored  to  provide  adequate  spectrum  to  satisfy  public  safetys  spectrum  needs,  and  the  Commissions  actions  evince  its 
 longstanding  commitment  to  working  closely  with  the  public  safety  community  to  satisfy  immediate  and  short-  term  spectrum  needs. 


 o  While  the  effort  to  address  the  short-  term  spectrum  needs  of  public  safety  is  underway,  attaining  a  wholesale  assessment  of  long-  term  spectrum  needs  is  an 
 ongoing  task.  Mobile,  broadband  communications,  implemented  in  combination  with  upgraded  equipment,  associated  training  and  close  coordination,  could  offer 


 emergency  response  providers  many  important  capabilities.  To  this  end,  and  at  the  urging  of  public  safety,  the  Commission  will  expeditiously  examine  whether  certain 
 channels  within  the  current  allocation  of  twenty-  four  megahertz  of  public  safety  spectrum  in  the  700  MHz  band  could  be  modified  to  accommodate  broadband 
 communications. 


 1  See  47  U.  S.  C.    155(  a)  (stating  that  [  i]  t  shall  be  the  [Chairmans]  duty  .  .  .  to  represent  the  Commission  in  all 
 matters  relating  to  legislation  and  legislative  reports.  .  .  .).  2 
 See  Pub.  L.  No.  108-  458,  118  Stat.  3638  (2004),  codified  at  6  U.  S.  C.    413.  3 
 See  47  C.  F.  R.    0.331(  f)  (providing  delegated  authority  to  the  Wireless  Telecommunications  Bureau  to  develop  responses  to  legislative  inquiries). 
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 II.  BACKGROUND 
 3.  Section  7502  of  the  Intelligence  Reform  Act  directs  that  the  Commission  shall,  in  consultation  with  the  Secretary  of  Homeland  Security  and  the  National  Telecommunications  and 


 Information  Administration,  conduct  a  study  to  assess  short-  term  and  long-  term  needs  for  allocations  of  additional  portions  of  the  electromagnetic  spectrum  for  Federal,  State,  and  local  emergency  response 
 providers,  including  whether  or  not  an  additional  allocation  of  spectrum  in  the  700  megahertz  band  should  be  granted  by  Congress  to  such  emergency  response  providers.  4  The  Intelligence  Reform  Act  also 
 provides  that  the  Commission  shall: 
 (1)  seek  input  from  Federal,  State,  local,  and  regional  emergency  response  providers  regarding  the  operation  and  administration  of  a  potential  nationwide  interoperable  broadband  mobile 


 communications  network;  and 
 (2)  consider  the  use  of  commercial  wireless  technologies  to  the  greatest  extent  practicable.  5 
 Finally,  the  Intelligence  Reform  Act  requires  that  [  n]  ot  later  than  one  year  after  the  date  of  enactment  of  this  Act,  the  [Commission]  .  .  .  shall  submit  to  the  appropriate  committees  of  Congress  a  report  on  such 
 study,  including  the  findings  of  such  study.  6 
 4.  In  light  of  this  mandate,  on  March  29,  2005,  the  Commission  issued  a  public  notice  soliciting  comment  from  interested  parties  regarding  the  components  of  the  required  spectrum  needs 
 study.  7  To  date,  the  Commission  has  received  comments  from  approximately  sixty  entities,  including  emergency  response  providers,  critical  infrastructure  entities,  wireless  telecommunications  carriers, 
 satellite  providers,  broadcasters,  manufacturers  and  vendors  serving  the  communications  industries  and  others.  8  In  addition,  the  Commission  has  met  with  a  number  of  interested  parties  and  received 
 supplementary  information  on  an  ex  parte  basis.  9 
 5.  Currently,  more  than  ninety-  seven  megahertz  of  spectrum  is  allocated  in  support  of 


 4  Intelligence  Reform  Act  at    7502(  a),  ALLOCATIONS  OF  SPECTRUM  FOR  EMERGENCY  RESPONSE  PROVIDERS. 
 5  Id.  at    7502(  c)(  1)-(  2),  STUDY  REQUIREMENTS. 
 6  Id.  at    7502(  d)(  1),  REPORTS.  Section  7502(  d)(  2)  defines  the  term  appropriate  committees  of  Congress  to  mean 
 (A)  the  Committee  on  Commerce,  Science,  and  Transportation  and  the  Committee  on  Homeland  Security  and  Government  Affairs  of  the  Senate;  and 


 (B)  the  Committee  on  Energy  and  Commerce  and  the  Select  Committee  on  Homeland  Security  of  the  House  of  Representatives. 


 7  Federal  Communications  Commission  Requests  Comment  on  Spectrum  Needs  of  Emergency  Response  Providers, 
 Public  Notice,  WT  Docket  No.  05-  157,  20  FCC  Rcd  7774  (2005).  A  summary  of  this  notice  was  published  in  the  Federal  Register  on  April  13,  2005.  See  70  Fed.  Reg.  19467.  Unless  otherwise  noted,  the  comments  and  ex  parte 


 presentations  referenced  herein  are  filed  in  WT  Docket  No.  05-  157.  8 
 A  listing  of  parties  participating  in  this  proceeding  is  set  forth  in  Appendix  A.  9 
 See,  e.  g.,  Letter  from  Michael  T.  McMenamin,  Lucent  Technologies,  to  Marlene  H.  Dortch,  Secretary,  FCC,  WT  Docket  No.  05-  157  (Nov.  10,  2005)  (Lucent  Letter);  Presentation  from  Bill  Butler,  Washington,  D.  C.  Office  of 


 Chief  Technology  Officer,  to  Angela  E.  Giancarlo,  FCC,  WT  Docket  No.  05-  157  (Nov.  4,  2005)  (OCTO  Presentation);  Letter  from  Ellen  M.  Kirk,  Tropos  Networks,  to  The  Honorable  Kevin  J.  Martin,  Chairman,  FCC,  WT 
 Docket  No.  05-  157  (Nov.  2,  2005)  (Tropos  Letter). 
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 communications  by  public  safety  service  providers,  10  as  follows: 
 Frequency  Band  (MHz)  Megahertz  (*  denotes  approximation) 
 25-  50  (VHF  Low  Band)  6.3* 


 150-  174  (VHF  High  Band)  3.6* 
 220-  222  (220  MHz  band)  0.1* 
 450-  470  (UHF  band)  3.7* 
 764-  776/  794-  806  (700  MHz  band)  24 
 806-  821/  851-  866  (800  MHz  band)  3.5 
 821-  824/  866-  869  (NPSPAC  11  band)  6 
 4940-  4990  (4.9  GHz  band)  50 


 6.  As  part  of  the  transition  of  analog  television  broadcasting  to  digital  television  (DTV),  broadcasters  currently  assigned  Channels  60-  69  (sixty  megahertz  of  spectrum  referred  to  as  the  Upper 
 700  MHz  Band)  will  be  relocated  to  assignments  below  Channel  52,  which  will  make  this  band  available  for  new  services.  In  connection  with  this  action  and  as  mandated  by  Congress,  the  Commission  allocated 


 10  In  1997  amendments  to  the  Communications  Act  of  1934,  Congress  defined  public  safety  services  as  services   
 (A)  the  sole  or  principal  purpose  of  which  is  to  protect  the  safety  of  life,  health  or  property;  (B)  that  are  provided  (i)  by  State  or  local  government  entities;  or  (ii)  by  nongovernmental  organizations  that  are  authorized  by  a 


 governmental  entity  whose  primary  mission  is  the  provision  of  such  services;  and  (C)  that  are  not  made  commercially  available  to  the  public  by  the  provider.  47  U.  S.  C.    337(  f)(  1).  The  Intelligence  Reform  Act  uses  the 
 definition  of  emergency  response  providers  set  forth  in  the  Homeland  Security  Act  of  2002,  as  follows:    emergency  response  providers  includes  Federal,  State,  and  local  emergency  public  safety,  law  enforcement,  emergency 
 response,  emergency  medical  (including  hospital  emergency  facilities),  and  related  personnel,  agencies,  and  authorities.  6  U.  S.  C.    101(  6). 


 11  See  47  C.  F.  R.    90.  16  (Public  Safety  National  Plan);  see  also  Development  and  Implementation  of  a  Public  Safety 
 National  Plan  and  Amendment  of  Part  90  to  Establish  Service  Rules  and  Technical  Standards  for  Use  of  the  821-824/  866-  869  MHz  Bands  by  the  Public  Safety  Services,  Report  and  Order,  GEN  Docket  No.  87-  112,  3  FCC  Rcd 


 905  (1987). 
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 twenty-  four  megahertz  of  the  Upper  700  MHz  Band  for  public  safety  services.  12  Additionally,  Congress  directed  that  the  Commission  auction  the  remaining  thirty-  six  megahertz  of  the  Upper  700  MHz  Band  for 
 commercial  services.  13  At  the  same  time,  however,  Congress  provided  that  the  spectrum  would  not  be  available  until  completion  of  the  digital  television  transition.  14  As  a  result,  this  spectrum  is  currently  not 
 available  for  public  safety  use  in  most  areas  of  the  country  because  of  the  presence  of  incumbent  television  stations.  In  the  meantime,  the  Commission  chartered  a  federal  advisory  committee,  the  Public 
 Safety  National  Coordination  Committee  (NCC),  to  develop  operational  and  technical  recommendations  for  achieving  nationwide  interoperability  in  the  700  MHz  band.  At  the  recommendation  of  the  NCC,  the 
 Commission  designated  2.6  megahertz  of  spectrum  for  interoperability  and  adopted  Project  25  Phase  I  as  the  interoperability  digital  standard  for  voice  and  low  speed  data  communications  on  the  interoperability 
 channels.  15  Further,  the  Commission  required  that  all  narrowband  voice  and  data  radios  used  in  the  700  MHz  band  include  the  capability  of  operating  on  these  narrowband  interoperability  channels.  16  In 
 addition,  the  Commission  reserved  2.4  megahertz  of  700  MHz  spectrum,  designed  to  support  wide-  area  communications  systems  and  which  promotes  interoperability,  for  state  use.  17  Accordingly,  the 
 Commission  is  poised  to  move  forward  to  implement  nationwide  interoperability  for  voice  and  low-  speed  data  communications  once  these  channels  are  clear  and  the  transition  is  completed.  18 


 (continued.) 
 12  See  Balanced  Budget  Act  of  1997,  Pub.  L.  No.  105-  33,    3004,  111  Stat.  252  (1997),  codified  at  47  U.  S.  C. 
   337(  a)(  1)  (Balanced  Budget  Act).  13 
 See  id.  at    337(  a)(  2).  Initial  statutory  auction  deadlines  (which  have  since  passed)  were  revised  by  the  Auction  Reform  Act  of  2002.  See  Auction  Reform  Act  of  2002    203(  b),  Pub.  L.  No.  107-  195,  116  Stat.  715  (Auction 


 Reform  Act)  (amending  section  309(  j)  of  the  Communications  Act  by  adding  at  the  end  new  paragraph  (15));  Auction  Reform  Act    3(  b)  (conforming  amendment  striking  various  statutory  auction  deadlines). 
 14  See  Balanced  Budget  Act  at    337(  a)(  2).  Congress  mandated  that  the  transition  from  analog  to  digital  television 
 be  completed  by  December  31,  2006,  or  until  eighty-  five  percent  of  households  in  a  given  area  are  able  to  watch  digital  television  programming.  Congress  envisioned  that,  until  the  transition  to  digital  television  is  complete, 


 television  stations  would  continue  to  broadcast  using  both  their  digital  and  analog  channels.  15 
 See  The  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and  Local  Public  Safety  Communication  Requirements  Through  the  Year  2010,  Fourth  Report  and  Order  and  Fifth 


 Notice  of  Proposed  Rulemaking,  WT  Docket  No.  96-  86,  16  FCC  Rcd  2020  (2001)  (700  MHz  Fourth  Report  and  Order).  The  public  safety  spectrum  designations  in  the  700  MHz  band  are  as  follows:  (1)  12.  5  megahertz  for 
 general  use;  (2)  2.  6  megahertz  for  interoperability;  (3)  0.  2  megahertz  for  secondary  trunking;  (4)  2.4  megahertz  for  state  licensing;  (5)  0.3  megahertz  for  low  power  operations;  and  (6)  6.  0  megahertz  is  reserved.  See  The 
 Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and  Local  Public  Safety  Communication  Requirements  Through  the  Year  2010,  Fourth  Memorandum  Opinion  and  Order,  WT 
 Docket  No.  96-  86,  17  FCC  Rcd  4736,  4763  App.  D  (2002).  16 
 See  47  C.  F.  R.    90.  547.  17 
 The  Commission  has  granted  licenses  for  the  700  MHz  State  License  channels  to  all  fifty  states,  as  well  as  the  District  of  Columbia,  Puerto  Rico,  and  the  U.  S.  Virgin  Islands.  In  addition  to  designating  specific  channels  for 


 interoperability,  the  Commissions  rules  allow  public  safety  entities  to  establish  a  shared  communications  system  or  to  designate  a  specific  channel  for  interoperability. 
 18  We  note  that  the  Commission  has  taken  steps  to  expedite  the  digital  television  transition  by  providing  for  all  new 
 TV  receiver  equipment  to  include  digital  reception  capability  as  of  March  1,  2007.  See  Requirements  for  Digital  Television  Receiving  Capability,  Second  Report  and  Order,  ET  Docket  No.  05-  24,  ___  FCC  Rcd  ___,  FCC  05-  190 


 (rel.  Nov.  8,  2005).  We  further  note  that  the  Commission  has  developed  service  rules  for  the  non-  public  safety  portion  of  the  Upper  700  MHz  band  that  accommodate  new  broadcasting,  fixed,  and  mobile  services  for  a  broad 
 range  of  flexible  uses.  The  specific  services  offered  through  this  band  will  in  large  part  be  determined  by  the  efforts  of  new  licensees  to  address  demands  of  the  communications  marketplace.  To  date,  the  Commission  has  conducted 
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 (Continued  from  previous  page) 
 7.  Simultaneous  with  the  undertaking  required  by  the  Intelligence  Reform  Act,  in  August  and  September  2005,  hurricanes  Katrina  and  Rita  devastated  the  Gulf  Coast.  The  destruction  that 
 hurricane  Katrina  caused  to  the  facilities  of  communications  companies,  and  therefore  the  services  upon  which  citizens  rely,  was  extraordinary.  Hurricane  Rita,  which  struck  parts  of  Texas  and  Louisiana,  also 
 caused  significant  damage  to  communications  facilities.  As  a  result  of  the  respective  communications  breakdowns,  emergency  workers  and  public  safety  officials  had  difficulty  coordinating.  In  response  to 
 these  disasters,  the  Commission  has  devoted  significant  time  and  resources  to  enable  emergency  response  providers  to  communicate.  For  example,  the  Commission  granted  a  significant  number  of  requests, 
 including  special  temporary  authorities  (STAs),  to  facilitate  communications  on  the  ground.  Chairman  Martin  has  established  the  Commissions  Independent  Panel  Reviewing  the  Impact  of  Hurricane  Katrina 
 on  Communications  Networks  --  an  independent  expert  panel  to  review  the  impact  of  hurricane  Katrina  on  the  communications  infrastructure.  19  The  panel  will  be  composed  of  public  safety  and 
 communications  industry  representatives,  and  will  make  recommendations  regarding  ways  to  improve  disaster  preparedness,  network  reliability  and  communications  among  emergency  response  providers. 


 8.  In  conducting  the  instant  study,  the  Commission  has  consulted  with  the  Department  of  Homeland  Security  (DHS)  and  the  National  Telecommunications  and  Information  Administration 
 (NTIA).  20  At  the  outset,  we  note  that  the  Federal  Partnership  for  Interoperable  Communications  (FPIC),  a  federal  wireless  communications  technical  and  operational  advisor  that  includes  DHS  entities,  21  filed 
 comments  in  the  proceeding,  as  discussed  below.  In  addition,  the  Commissions  Wireless  Telecommunications  Bureau  (Bureau)  hosted  two  meetings  with  DHS  and  NTIA.  22  The  Bureau  also 
 attended  meetings  hosted  by  DHS  and  NTIA  regarding  the  DHS  Spectrum  Needs  Plan  mandated  pursuant  to  Section  2(  c)  of  the  November  30,  2004,  Executive  Memorandum,  Improving  Spectrum  Management 
 for  the  21st  Century,  23  at  which  DHS  provided  status  reports  concerning  its  corresponding  study  required  under  Section  7502(  b)  the  Intelligence  Reform  Act.  24 


 (continued.) 
 auctions  and  awarded  licenses  for  the  six  megahertz  of  the  Upper  700  MHz  band  that  functions  as  guard  bands  between  commercial  and  public  safety  spectrum. 
 19  See  Chairman  Kevin  J.  Martin  Names  Nancy  J.  Victory  as  Chair  of  the  Federal  Communications  Commissions 
 Independent  Panel  Reviewing  the  Impact  of  Hurricane  Katrina  on  Communications  Networks,  News  Release  (Nov.  28,  2005). 


 20  See  Intelligence  Reform  Act    7502(  a). 
 21  See  FPIC  Comments  at  App.  See  also  id.  at  2-  3  (noting  that  FPIC  was  formerly  known  as  the  Federal  Law 
 Enforcement  Wireless  Users  Group  (FLEWUG)).  22 
 See  47  C.  F.  R.    0.131(  f).  23 
 Section  2(  c)  requires  DHS,  in  consultation  with  the  Secretary  of  Commerce  and  others,  by  November  30,  2005,  to  develop  a  comprehensive  plan,  the  Spectrum  Needs  Plan,  to  address  issues  related  to  communication  spectrum  used 


 by  the  public  safety  community,  as  well  as  the  continuity  of  Government  operations.  Presidential  Determination:  Memorandum  for  the  Heads  of  Executive  Departments  and  Agencies,  Office  of  the  Press  Secretary,  News  & 
 Policies    2(  c)  (dated  Nov.  30,  2004),  located  at  http://  www.  whitehouse.  gov/  news/  releases/  2004/  11/  print/  20041130-  8.html  (Presidents  Executive  Memorandum).  We  note  that  Section  3(  b)  of  the  Presidents  Executive  Memorandum 
 requires  the  Secretary  of  Commerce,  by  November  30,  2005,  to  develop  a  plan  for  identifying  and  implementing  incentives  that  promote  more  efficient  and  effective  use  of  the  spectrum  while  protecting  national  and  homeland 
 security,  critical  infrastructure,  and  Government  services.  Id.  at    3(  b).  24 
 Section  7502(  b)  of  the  Intelligence  Reform  Act  requires  DHS,  in  consultation  with  the  FCC  and  NTIA,  to  conduct  a  study  to  assess  strategies  that  may  be  used  to  meet  public  safety  telecommunications  needs,  including: 


 (1)  the  need  and  efficacy  of  deploying  nationwide  interoperable  communications  networks  (including  the  potential  technical  and  operational  standards  and  protocols  for  nationwide  interoperable  broadband  mobile  communications 
 networks  that  may  be  used  by  Federal,  State,  regional,  and  local  governmental  and  nongovernmental  public  safety, 
7
 8 
 (Continued  from  previous  page) 


 9.  The  discussion  set  forth  below  addresses  each  of  the  directives  in  Section  7502  of  the  Intelligence  Reform  Act  that  pertain  to  the  FCC  study.  First,  the  report  discusses  and  contains  findings 
 regarding  the  operation  and  administration  of  a  potential  nationwide  interoperable  broadband  mobile  communications  network.  Second,  the  report  discusses  and  contains  findings  regarding  the  use  of 
 commercial  wireless  technologies.  The  first  two  areas  of  inquiry    the  need  for  a  potential  nationwide  interoperable  broadband  mobile  communications  network  and  the  use  of  commercial  wireless 
 technologies    are  directly  related  to  an  assessment  of  the  spectrum  needs  of  emergency  response  providers.  For  this  reason,  the  report  concludes  with  a  discussion  of  and  findings  relating  to  the  short-term 
 and  long-  term  needs  for  allocations  of  additional  portions  of  the  electromagnetic  spectrum  for  federal,  state  and  local  emergency  response  providers,  and  whether  or  not  an  additional  allocation  of 
 spectrum  in  the  700  MHz  band  should  be  granted  by  Congress  to  these  emergency  response  providers. 
 III.  DISCUSSION 
 A.  Section  7502(  c)(  i):  The  Operation  and  Administration  of  a  Potential  Nationwide  Interoperable  Broadband  Mobile  Communications  Network  (Based  Upon  Input 


 from  Federal,  State,  Local  and  Regional  Emergency  Response  Providers) 
 1.  Overview 
 10.  With  respect  to  the  operation  and  administration  of  a  potential  nationwide  interoperable  broadband  mobile  communications  network,  a  number  of  commenters  offer  varied  objectives  and  criteria 


 for,  as  well  as  potential  spectrum  requirements  associated  with,  this  proposed  network.  Further,  a  number  of  commercial  entities  report  their  products  could  service  in  place  of,  or  supplement,  this  potential 
 network.  Moreover,  a  broad  array  of  entities  suggests  that  operating  and  administrating  this  proposed  network  would  entail  considerable  coordination  among  potential  users.  Finally,  a  number  of  commenters 
 cite  the  need  for  Congress  to  provide  the  funding  necessary  to  build  and  deploy  this  network. 
 2.  Proposals  Regarding  the  Requirements  and  Architecture  of  a  Potential  Nationwide  Interoperable  Broadband  Mobile  Communications  Network 


 11.  A  number  of  commenters  offer  varied  objectives  and  criteria  for,  as  well  as  potential  spectrum  requirements  associated  with,  a  potential  nationwide  interoperable  broadband  mobile 
 communications  network.  First,  FCC  Regional  Planning  Committee  8  (RPC  8)  asserts  that  an  interoperable  nationwide  broadband  network  requires  a  considerable  amount  of  spectrum  dedicated  solely 
 to  public  safety,  and  shared  by  all  Government  levels.  25  RPC  8  further  stresses  that  the  Commission  should  not  permit  non-  public  safety  operations  in  this  spectrum,  even  on  a  secondary  or  shared  basis.  26 
 According  to  RPC  8,  thirty  megahertz  of  spectrum  located  in  the  Upper  700  MHz  band  and  currently 


 homeland  security,  and  other  emergency  response  personnel);  (2)  the  capacity  of  public  safety  entities  to  utilize  wireless  broadband  applications;  and  (3)  the  communications  capabilities  of  all  emergency  response  providers, 
 including  hospitals  and  health  care  workers,  and  current  efforts  to  promote  communications  coordination  and  training  among  emergency  response  providers.  Intelligence  Reform  Act  at    7502(  b).  The  DHS  report  is  also  due 
 to  Congress  by  December  17,  2005.  25 
 RPC  8  Comments  at  11.  We  note  that  a  Regional  Planning  Committee  (RPC)  is  responsible  for  planning,  administrating  and  coordinating  the  use  of  public  safety  spectrum.  The  Commission  adopted  a  regional  planning 


 approach  to  ensure  broad  coordination  within  the  public  safety  community  in  particular  geographic  areas  of  the  nation  and  established  fifty-  five  regions  roughly  along  state  boundaries.  See  Development  and  Implementation  of  a 
 Public  Safety  National  Plan  and  Amendment  of  Part  90  to  Establish  Service  Rule  and  Technical  Standards  for  Use  of  the  821-  824/  866-  869  MHz  Bands  by  the  Public  Safety  Services,  Report  and  Order,  GEN  Docket  No.  87-  112,  3 
 FCC  Rcd  905,  906-  12  (1987).  26 
 Id. 
8
 9 
 allocated  for  commercial  use  would  ideally  satisfy  the  requirements  for  jurisdictional  area  networks.  27  Similarly,  the  State  of  Delaware  (Delaware)  reports  that  its  strategic  plan  for  the  states  first  responders 
 and  federal  and  quasi-  government  partners  is  predicated  upon  the  availability  of  new  LMR  spectrum  in  both  the  700  MHz  and  800  MHz  bands.  28 


 12.  Management  Communications  Services  (MCS),  a  communications  consulting  company  in  Guam,  adds  that  [  i]  t  is  vital  that  any  nationwide  broadband  mobile  communications  network  for 
 emergency  response  providers  fully  incorporate  each  of  the  U.  S.  territories  and  commonwealths,  29  and  contends  that  local  public  safety  entities  in  those  jurisdictions  must  have  the  ability  to  communicate  with 
 each  other  and  with  relevant  federal,  state,  and  other  local  government  agencies.  30  In  addition,  Captain  Sonja  L.  Owens  of  the  Washington,  D.  C.  Metropolitan  Police  Department  (Owens)  asserts  that 
 emergency  response  providers  future  plans  require  the  national  interoperability  associated  with  mobile  broadband  technologies,  as  well  as  the  ability  to  integrate  future  innovative  wireless  technologies.  31  More 
 specifically,  commenter  Andrew  Seybold  (Seybold)  proposes  establishing  a  nationwide  Internet  Protocol  Version  6  (IPv6)  network  that  interconnects  all  federal,  state  and  local  first  responder  agencies.  32 
 Rather  than  utilize  the  Internet,  Seybold  proposes  that  the  proposed  nationwide  network  should  be  a  new,  stand  alone  system  that  is  secure  and  built  to  exacting  standards.  33  Seybold  proposes  that  the 
 nationwide  IPv6  network  would  be  the  first  phase  in  providing  interoperability  by  cross-  connecting  [all  of  the  agencies]  when  working  together.  34  Seybold  adds  that  systems  existing  in  the  30,  150  and  450 
 MHz  bands  could  be  connected  via  a  Public  Safety  Internet  in  instances  where  700  and  800  MHz  propagation  is  not  economically  feasible.  35 


 13.  Certain  commercial  entities  report  that  their  products  could  serve  in  place  of,  or  supplement,  this  potential  network.  36  First,  the  Satellite  Industry  Association  (SIA),  a  trade  association 
 representing  satellite  operators,  service  providers,  manufacturers,  and  other  satellite  industry  stakeholders,  contends  that  commercial  satellite  operators  offer  capabilities  that  meet  critical  emergency  needs.  37  SIA 
 reports  that  these  capabilities  include  ubiquitous  coverage  of  land,  sky  and  water,  and  therefore  offer  a 


 27  See  RPC  8  Comments  at  11-  12. 
 28  See  Delaware  Comments  at  2. 
 29  MCS  Comments  at  2. 
 30  Id. 
 31  Owens  Comments  at  1.  Owens  explains  that  her  comments  reflect  her  personal  views  rather  than  those  of  her 
 employer,  the  Washington,  D.  C.  Metropolitan  Police  Department.  32 
 Seybold  Comments  at  3.  We  note  that  IPv6  is  described  as  the  new  proposed  Internet  Protocol  designed  to  replace  and  enhance  the  present  protocol,  TCP/  IP  or  officially  IPv4.  See  NEWTONS  TELECOM  DICTIONARY  445 


 (20  th  ed.  2004).  33 
 Seybold  Comments  at  3.  34 
 Id.  (indicating  that  this  network  [could]  be  used  .  .  .  to  provide  true  interoperability  between  local  agencies  on  a  day-  to-  day  basis). 


 35  Id  at  3. 
 36  We  note  that  CTIA  expresses  support  for  the  goal  of  a  nationwide,  interoperable  broadband  mobile  network,  and 
 describes  the  fifty  megahertz  of  spectrum  in  support  of  public  safety  located  in  the  4.9  GHz  band  and  the  twenty-four  megahertz  of  public  safety  spectrum  in  the  700  MHz  band  as  suitable  for  this  proposed  network.  See  CTIA 


 Comments  at  4.  37 
 See  SIA  Comments  at  3-  4 
9
 10 
 single  point  of  contact  for  an  interoperable  communications  network.  38  Moreover,  SIA  asserts  that  a  satellite  space  infrastructure  is  immune  from  natural  and  manmade  disasters.  39  SIA  urges  the 
 Commission  to  solicit  comment  on  the  potential  for  additional  government  [or]  commercial  satellite  allocations  that  would  allow  satellites  to  communicate  directly  with  existing  and  planned  terrestrial  public 
 safety  equipment  .  .  .  to  extend  and  back-  up  terrestrial  infrastructure  during  an  emergency.  40 
 14.  In  addition,  MSS  provider  Iridium  Satellite  LLC  (Iridium)  asserts,  satellite  technology  should  continue  to  play  a  critical  role  in  emergency  response  communications.  41  Iridium  adds  that  its 


 system  is  independent  from  all  terrestrial  and  foreign  infrastructure  and  .  .  .  relies  solely  on  satellite-  to-satellite  crosslinks  to  provide  voice  and  data  communications  anywhere  that  [DHS],  law  enforcement, 
 and/  or  first  responders  may  conduct  operations.  42  Iridium  contends  that  this  independence  allows  communications  without  having  to  rely  on  terrestrial  systems  that  may  be  destroyed  during  a  disaster.  43 
 Further,  Iridium  represents  that  its  system  can  connect  with  various  other  communications  networks  and  thus  connect  diverse  operating  organizations  on  a  single  network  during  wide-  area  missions.  44 


 15.  Mobile  Satellite  Ventures  Subsidiary  LLC  (MSV),  an  operator  of  Mobile  Satellite  Service  (MSS)  in  the  L-  band,  45  also  discussed  the  potential  for  a  nationwide  interoperable  broadband 
 mobile  communications  network.  MSV  emphasizes  that  an  optimal  public  safety  architecture  consists  of  a  flexible  system  that  incorporates  traditional  LMR  systems  into  a  broader  architecture  of  satellite, 
 terrestrial  and  emerging  wireless  broadband  networks.  46  MSV  contends  that  this  broader  architecture  utilizes  the  MSS  ancillary  terrestrial  component  (ATC)  and  enables  users  to  seamlessly  roam  between 
 satellite  and  terrestrial  networks.  47  Similarly,  TerreStar  Networks,  Inc.  (TerreStar),  a  prospective  MSS  provider,  48  asserts  that  MSS  systems,  especially  those  offering  an  ATC,  can  provide  ubiquitous,  reliable, 
 and  interoperable  broadband  to  emergency  response  providers.  49  TerreStar  adds  that  with  ATC,  users  may  access  the  network  even  in  urban  canyons,    50  and  explains  that  public  safety  agencies  have  started 
 to  incorporate  satellite  communications  into  emergency  networks.  51  TerreStar  also  stresses  that  ATC-38 
 Id.  39 
 Id.  at  10.  40 
 Id.  41 
 Iridium  Comments  at  5.  42 
 Id.  at  2.  43 
 Id.  44 
 See  id.  at  3.  45 
 The  L-  band  is  a  general  designation  for  frequencies  from  1  to  2  GHz.  In  the  United  States,  the  Commission  has  allocated  L-  band  spectrum  for  MSS  downlinks  in  the  1525-  1544  MHz  and  1545-  1559  MHz  bands  and  for  MSS 


 uplinks  in  the  1626.  5-  1645.  5  MHz  and  1646.5-  1660.5  MHz  bands.  See  47  C.  F.  R.    2.106.  46 
 See  MSV  Comments  at  2-  9.  47 
 See  id.  at  9-  17.  48 
 TerreStar  is  the  prospective  assignee  of  the  2  GHz  MSS  authorization  currently  held  by  TMI  Communications  and  Company  Limited  Partnership.  See  TerreStar  Comments  at  1,  n.  1. 


 49  See  id.  at  1. 
 50  Id.  at  2. 
 51  See  id.  at  2,  n.  4  (citing  the  decision  of  the  Connecticut  Department  of  Health  to  acquire  a  satellite-  based 
 emergency  dispatch  network). 
10
 11 
 enhanced  MSS  can  offer  public  safety  agencies  affordable  access  to  a  satellite  network,  52  and  reports  that  the  interoperability  of  an  MSS/  ATC  system  was  one  of  the  Commissions  principal  motivations  in 
 allowing  MSS  providers  to  integrate  ancillary  terrestrial  capability  into  their  networks.  53 
 16.  Manufacturers  Ericsson,  Inc.  (Ericsson)  and  Lucent  Technologies,  Inc.  (Lucent)  each  submitted  a  substantial  proposal  regarding  a  potential  nationwide  interoperable  broadband  mobile 


 communications  network.  Ericsson  contends  that  public  safety  agencies  should  incorporat[  e]  commercial  wireless  technologies  into  public  safety  communications  networks  [to  give  emergency 
 response  providers]  the  tools  to  achieve  interoperability.  54  Ericsson  argues  that  encouraging  the  public  safety  community  to  establish  flexible  spectrum  management  policies  would  lead  to  an  interoperable 
 nationwide  wireless  communications  network.  Ericsson  explains  that  commercially  available  systems  allow  integration  of  new  technologies  from  multiple  vendors  and  virtually  limitless  system  expansion,  55 
 and  asserts,  commercial  technology  is  .  .  .  highly  interoperable,  built  to  allow  communication  between  multiple  networks  operating  on  multiple  frequencies  and  using  different  technology.  56  Further,  Ericsson 
 suggests  that  public  safety  agencies  should  be  encouraged  to  use  standardized  commercial  wireless  technologies  and  systems  to  the  extent  commercial  solutions  meet  requirements.  57 


 17.  Lucent  reports  that  significant  work  is  underway  to  ensure  the  coherent  integration  of  communication  stovepipes  to  serve  the  nations  needs.  58  Lucent  views  this  effort  as  focused  primarily 
 on  narrowband  voice  communications,  however,  and  thus  submits  that,  given  the  importance  of  IP-  based,  data  driven  communications,  there  should  be  a  similar  focus  on  creating  a  National  Mobile  Broadband 
 Network.  59  Lucent  proposes  that  this  NMBN  operate  on  a  dedicated  network  in  an  interoperable  manner  in  order  to  satisfy  emergency  responders  need  for  secure,  highly  reliable  access.  60  Moreover, 
 Lucent  contends  that  the  proposed  NMBN  should  not  replace  current  private  voice/  dispatch  networks,  but  should  provide  in-  field  data  access  to  a  trusted  information  network  of  responders.  61  Lucent  further 
 proposes  that  the  network  employ  commercial  broadband  3G  technology.  62  Lucent  claims  that  its  version  of  a  dedicated  nationwide  interoperable  mobile  broadband  network  would  perform  two  essential 
 interoperability  functions:  (1)  act  as  universal  gateway  for  public/  private  networks  using  Wi-  Fi,  Wi-Max,  MESH,  and  satellite  technologies;  and  (2)  employ  capabilities  like  the  National  Incident 
 Management  System  (NIMS)  as  a  universal  service  layer  for  transmission  of  data  and  VoIP  communications.  63 


 52  See  id.  at  3. 
 53  Id.  at  3,  n.  6. 
 54  Ericsson  Comments  at  12. 
 55  Id.  at  13. 
 56  Id. 
 57  See  id.  at  19-  22  (reporting  that  3G  systems  based  on  IMT-  2000  standards  will  likewise  offer  numerous  end-  user 
 applications  .  .  .  for  specialized  or  niche  users  such  as  public  safety  agencies).  Id.  at  20.  58 
 See  Lucent  Comments  at  4.  59 
 See  id.  60 
 See  id.  at  5-  6.  61 
 See  id.  at  8.  62 
 See  id.  at  19.  63 
 See  id.  at  21. 
11
 12 
 18.  Vendors  ArrayComm,  Inc.  (ArrayComm)  and  Cisco  Systems,  Inc.  (Cisco)  also  offer  proposals  regarding  a  potential  nationwide  interoperable  broadband  mobile  communications  network. 
 ArrayComm,  a  vendor  of  smart  antennas  that  employ  Time  Division  Duplex  (TDD)  technology,  asserts  that  the  delivery  of  data  requires  a  spectrum  allocation  sufficient  to  deploy  high-  speed  wireless  data 
 services  that  use  TDD.  64  ArrayComm  contends  that  broadband  data  solutions,  including  those  based  on  802.16  and  802.11  protocols,  should  employ  TDD.  65  Cisco  asserts  that  it  offers  an  IP-  based  product  that 
 allows  interoperability  for  emergency  personnel  using  diverse  radio  and  wired  communications  systems.  66  Cisco  contends  that  this  system  is  spectrum  efficient  and  will  accommodate  new  spectrum  allocations  and 
 radio  technologies  as  they  are  implemented,  without  requiring  the  replacement  of  existing  radio  systems.  67 
 19.  Finally,  Speights  Telecom,  Inc.  (Speights),  a  public  safety  consulting  company,  urges  creation  of  what  Speights  refers  to  as  a  National  IO  Band.  68  Speights  suggests  that  this  network  would 


 add  capacity  for  federal,  state  and  local  integrated  voice  and  high-  speed  data  and  video,  as  well  as  provide  compatible  equipment  designed  for  mission  critical  use  across  the  user  base.  69  In  addition,  Speights 
 asserts  that  a  broad  base  of  emergency  response  providers  must  have  access  to  the  proposed  National  IO  Band,  including  critical  infrastructure  entities.  70 


 3.  Practical  Considerations 
 20.  A  broad  array  of  entities  suggests  that  operating  and  administering  this  proposed  network  would  entail  considerable  coordination.  First,  RPC  8  stresses  that  the  proposed  network  requires 


 massive  cooperation  between  the  Federal,  State  and  Local  government  layers  in  order  to  ensure  .  .  .  authentication  and  security.  71  RPC  8  also  recommends  that  both  State  Interoperability  Executive 
 Committees  (SIECs)  and  RPCs  should  administer  the  nationwide  network.  72  Similarly,  the  Missouri  State  Highway  Patrol  (Missouri  SHP)  suggests  a  role  for  SIECs  [  to]  assist  local  and  state  entities  with 
 introducing  and  promoting  [a]  consistent  .  .  .  dialogue  while  providing  a  sounding  board  for  the  development  of  interoperability  requirements  within  a  region  or  state.  73  Missouri  SHP  adds  that  states 


 64  ArrayComm  Comments  at  6. 
 65  See  id.  at  4-  5.  In  a  TDD  system,  base  station  and  mobile  devices  transmit  and  receive  on  the  same  channel  but  on 
 different  time  slots.  See  id.  at  2.  66 
 See  Letter  from  Mary  L.  Brown,  Cisco  Systems,  Inc.,  to  Marlene  H.  Dortch,  Esq.,  Secretary,  FCC,  WT  Docket  No.  05-  157  (Dec.  8,  2005). 


 67  Id.  In  its  comments,  Cisco  reports  that  the  company  has  developed  an  802.  11  product  suitable  to  satisfy  the 
 broadband  needs  of  public  safety  entities.  Cisco  explains  that  its  Land  Mobile  Gateway  allows  multiple  public  safety  radio  networks  using  different  radio  frequencies  and  .  .  .  technologies  to  interoperate  for  voice 


 communications.  Cisco  Comments  at  2-  3.  68 
 See  infra    II.  C.  69 
 See  Speights  Comments  at  4-  5.  70 
 See  id.  at  5.  71 
 RPC  8  Comments  at  4.  72 
 See  id.  The  Commission  has  supported  the  creation  of  a  SIEC  (or  other  effective  state  level  agency)  to  administer  the  interoperability  channels.  Although  the  formation  of  SIECs  is  not  mandatory,  the  Commission  adopted  the 


 NCCs  recommendation  that  if  a  SIEC  or  other  state  agency  elects  not  to  oversee  the  administration  of  its  interoperability  channels,  the  respective  RPC  would  assume  the  responsibility.  See  700  MHz  Fourth  Report  and 
 Order,  16  FCC  Rcd  at  2026    13.  73 
 Missouri  SHP  Comments  at  8. 
12
 13 
 and  regions  need  a  national  repository  within  which  to  post  interoperability  plans.  74 
 21.  Vendors  Lucent  and  ArrayComm  also  provided  input  on  this  question.  Like  RPC  8  and  Missouri  SHP,  Lucent  asserts  that  discrete,  regional  entities  must  have  responsibility  for  operating  any 


 nationwide  interoperable  network.  75  In  addition,  ArrayComm  explains,  if  the  [public  safety]  user  community  determines  that  high  speed  mobile  data  should  be  an  integral  part  of  a  national  or  regional 
 public  safety  system,  the  Commission  should  actively  assist  in  achieving  that  objective.  76 
 22.  Broadcaster  Univision  Communications  Inc.  (Univision)  urges  DHS  to  continue  follow  recent  recommendations  that  the  agency  develop  a  nationwide  database  of  all  interoperable  public  safety 


 communications  frequencies  and  establish  a  common  nomenclature  for  those  frequencies.  77  Univision  also  asks  DHS  to:  (1)  consult  with  state  and  local  governments  to  determine  interoperability  status;  (2) 
 provide  guidance  on  funding  grants  that  would  assist  state  efforts  to  establish  responsibility  for  interoperability  matters;  (3)  approve  grants  only  upon  certification  by  the  state  that  the  proposal  conforms 
 with  state  plans;  and  (4)  review  interoperability  mission  and  functions.  78 
 23.  With  respect  to  the  interests  of  Critical  Infrastructure  (CI)  entities,  the  United  Telecom  Council  (UTC),  which  represents  companies  that  own,  manage,  or  provide  telecommunications  and  IT 


 systems  in  support  of  their  core  business,  endorses  a  nationwide,  interoperable  broadband  network  as  a  commendable  concept,  and  contends  that  the  network  should  consist  of  licensees  systems  being  shared 
 with  other  eligibles  and  using  open  standards.  79  UTC  stresses  that  [  w]  hile  public  safety  response  generally  is  local  in  nature,  CI  work  during  emergencies  involves  entities  from  across  the  country  [and] 
 therefore,  [t]  echnology  standards  and  a  nationwide  allocation  are  critical  for  effective  interoperability.  80 
 24.  A  number  of  commenters  suggest  that  this  proposed  network  would  require  a  significant  level  of  funding  from  Congress.  RPC  8  asserts  that  a  nationwide  interoperable  mobile  broadband 


 network  would  require  significant  levels  of  funding  commitments.  81  The  New  York  Office  of  Technology-  Statewide  Wireless  Network  (NYOT-  SWN),  which  is  developing  a  wireless  public  safety 
 network  for  the  state  of  New  York,  states  that  [  t]  he  degree  to  which  a  wide  area  interoperable  land  mobile  communications  network  could  be  implemented  is  related  to  the  funding  available,  82  and  urges 
 Congress  to  provide  funding.  83  Westchester  County,  New  York  (NY  Westchester  County),  a  suburban  county  with  a  population  of  close  to  one  million  located  just  north  of  New  York  City,  reports  that, 
 [  b]  ecause  the  absence  of  adequate  financial  resources  is  such  a  threat  to  progress,  84  Congress  should  create  trust  funds  for  advancing  the  nations  communications  infrastructure.  Missouri  SHP  proposes  that 
 users  recoup  the  costs  of  constructing  a  nationwide  network  through  subscriber  fees  based  on  usage,  and 
 74  See  id. 
 75  See  Lucent  Comments  at  20. 
 76  ArrayComm  Comments  at  6. 
 77  Univision  Comments  at  7,  n.  14. 
 78  See  id.  at  n.  14. 
 79  See  UTC  Comments  at  12-  13. 
 80  Id.  at  13. 
 81  See  RPC  8  Comments  at  4. 
 82  NYOT-  SWN  Comments  at  5. 
 83  See  id. 
 84  NY  Westchester  County  Comments  at  9. 
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 15 
 frequencies  in  multiple  formats,  so  that  different  systems  can  connect  with  each  other.  Properly  implemented,  a  system  with  adequate  spectrum  and  smart  radios  would  enhance  the  instantaneous 
 transmission  of  both  data  and  voice  between  agencies. 
 28.  The  underlying  infrastructure  of  a  nationwide  interoperable  broadband  mobile  communications  network  should  include  a  mobility  and  satellite  component  to  enable  emergency 


 response  providers  the  capability  of  rolling  in  a  mobile  infrastructure  that  would  quickly  re-  establish  communications  when  permanent  networks  are  temporarily  incapacitated.  Mobile  antennas,  including 
 inflatable  antennas,  cell  towers  on  wheels,  high-  altitude  balloons,  or  other  mobile  facilities,  would  operate  independent  of  the  damaged  local  infrastructure  and  would  facilitate  communications  as  quickly  as 
 possible.  Mobile  transmission  facilities  would  bring  the  critical  flexibility  component  to  a  nationwide  interoperable  broadband  mobile  communications  network,  and  would  serve  to  augment  the  system 
 beyond  the  normal  coverage  in  a  given  region,  or  during  a  large-  scale  incident.  Additional  details  regarding  smart  radios,  mobile  infrastructure  and  other  commercial  wireless  technologies  and  services  are 
 set  forth  in  Appendix  B. 
 29.  A  robust  interoperable  network  (whether  commercial  or  private)  should  be  able  to  function  in  all  areas  served  by  emergency  response  providers,  including  areas  where  most  of  the 


 communications  infrastructure  is  degraded  or  non-  existent.  Satellite  services,  which  provide  ubiquitous,  reliable  coverage  throughout  the  United  States  and  are  generally  immune  from  natural  and  manmade 
 disasters,  could  be  incorporated  into  traditional,  private  public  safety  networks  or  into  a  nationwide  network.  Additional  details  regarding  the  use  of  commercial  satellite  infrastructure  for  the  provision  of 
 emergency  communications  are  set  forth  in  Appendix  C.  Likewise,  IP-  based  technologies  also  may  enhance  the  resiliency  of  either  traditional,  private  public  safety  networks  or  a  nationwide  network  by 
 providing  the  dynamic  capability  to  change  and  reroute  telecommunications  voice  and  data  traffic  within  the  network.  Similarly,  IP-  based  systems  may  also  facilitate  communications  interoperability  for 
 emergency  response  providers  generally,  as  well  as  their  ability  to  communicate  complex  information  between  offices  and  the  field.  Other  commenters  point  out  that  wireless  mesh  technology,  which  uses 
 non-  proprietary  protocols  that  can  be  built  into  laptops,  Personal  Digital  Assistants  (PDAs),  VoIP  phones  and  other  devices  to  promote  interoperability  across  networks  and  devices.  Appendix  B  also  discusses 
 mesh  networks  and  IP-  based  systems. 
 30.  In  addition  to  adequate  spectrum  and  efficient  technology,  the  realization  of  a  nationwide  interoperable  broadband  mobile  communications  network  also  would  require  sufficient  funding.  While  of 


 significant  benefit  to  public  safety,  implementation  of  such  a  network  would  likely  be  costly.  Consequently,  public  safety  entities  would  require  adequate  funding  resources  in  order  to  deploy 
 broadband  communications  systems.  Without  adequate  funding    to  purchase  equipment  and  conduct  the  associated  training  and  coordination    it  is  likely  that  public  safety  would  be  unable  to  implement  a 
 nationwide,  interoperable  broadband  network.  In  addition,  absent  adequate  funding,  cash-  strapped  public  safety  entities  could  implement  broadband  systems  that  are  less  capable  and  efficient  and  do  not  include  a 
 nationwide  interoperable  feature,  which  could  create  gaps  in  a  nationwide  system. 
 31.  In  addition  to  the  issues  discussed  above,  we  emphasize  that  the  successful  deployment  of  a  nationwide  interoperable  broadband  mobile  communications  network  ultimately  would  be  dependent 


 upon  a  high  degree  of  training,  coordination  and  communication  by  emergency  responders.  Close  organizational  and  personal  coordination  and  communication  would  be  necessary  to  make  interoperable 
 communications  available  in  the  times  of  greatest  need.  Coordination  among  federal,  state  and  local  emergency  response  providers  would  need  to  be  achieved  at  virtually  every  level  for  an  interoperable 
 nationwide  network  to  deliver  on  its  promise.  Emergency  response  providers  must  be  familiar  with  the  procedures  for  accessing  the  network  and  the  capabilities  of  the  communications  equipment  associated 
 with  the  network.  In  particular,  command  level  coordination  should  be  emphasized.  In  all  cases,  the  rights  and  responsibilities  of  each  of  the  various  stakeholders  should  be  clearly  defined  to  ensure  seamless 
 communications  and  facilitate  compliance  efforts. 
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 16 
 B.  Section  7502(  c)(  ii):  Consider  the  Use  of  Commercial  Wireless  Technologies  to  the  Greatest  Extent  Practicable 
 1.  Overview 
 32.  With  respect  to  the  use  of  commercial  wireless  technologies,  public  safety  entities  generally  oppose  reliance  upon  commercial  services  due  to  concerns  over  lack  of  coverage,  reliability  and 


 security.  There  is  a  consensus  among  these  entities,  however,  that  commercial  technologies  may  provide  significant  benefits,  at  least  for  non-  mission  critical  applications.  In  some  instances,  commercial  entities 
 proactively  address  these  concerns  and  assert  a  willingness  to  modify  applications  to  resolve  past  deficiencies.  The  commercial  entities  also  emphasize  the  beneficial  economies  of  scale  associated  with 
 greater  use  of  commercial  services  and  technologies. 
 2.  Comments  from  Public  Safety  Entities 
 33.  With  respect  to  public  safety  entities,  the  Arizona  Regional  Review  Committee  (ARRC),  an  organization  responsible  for  public  safety  spectrum  planning  in  RPC  3,  submits,  [  l]  ack  of  suitable 


 spectrum  has  forced  many  public  safety  entities  to  use  the  resources  of  commercial  wireless  providers,    a  dangerous  practice  that  has  continued  to  expand  and  spread.  93  ARRC  contends,  [  c]  ommercial 
 wireless  providers  favor  the  masses  and  do  not  lend  themselves  to  the  same  backup  power,  site  security  and  redundancy  measures  employed  by  dedicated  and  closed  public  safety  radio  networks.  94  Similarly, 
 RPC  12  states  that  it  repeatedly  observes  commercial  wireless  technologies  rendered  inoperable  during  critical  events  when  reliance  is  most  critical.  95  The  group  provides  examples  of  events,  such  as  the 
 September  11th  terror  attack  in  New  York  City,  the  Oklahoma  City  bombing,  and  the  Florida  hurricanes  in  2004,  when  commercial  systems  failed,  in  some  cases  for  many  weeks.  96  With  regard  to  these 
 challenges,  the  National  Emergency  Management  Association  (NEMA)  submits  that  the  use  of  commercial  wireless  technologies  has  two  drawbacks:  (1)  a  lack  of  support  from  generators  during  power 
 outages,  and  (2)  a  limited  footprint,  which  provides  little  coverage  in  rural  areas.  97 
 34.  Similarly,  the  Commonwealth  of  Pennsylvania,  Office  of  Public-  Safety  Radio  Services  (Penn.  Public  Safety)  favors  statewide  systems  that  provide  the  economy  of  scale  and  spectral  efficiency 


 of  a  commercial  operation,  while  maintaining  system  control  under  governmental  authority.  98  In  its  brief  comments,  the  Grundy  County  Emergency  Telephone  System  (Morris,  Illinois)  (Grundy  County)  states, 
 public  safety  cannot  rely  on  unlicensed  or  commercial  technologies  to  meet  [its]  mission  critical  broadband  applications,  99  and  submits  that  experience  shows  that  only  dedicated  communications 
 systems  designed  specifically  for  public  safety  needs  provide  the  reliability,  features  and  flexibility  [necessary]  for  critical  internal  communications.  100  The  Milwaukee  Police  Department  (Milwaukee  PD) 
 also  states  that  [  c]  ommercial  service  does  not  provide  reliability  and  security  necessary  for  mission  critical  .  .  .  use.  101  Milwaukee  PD  submits  that  variants  of  802.11  work,  but  demand  heavy 


 93  ARRC  Comments  at  2. 
 94  Id. 
 95  RPC  12  Comments  at  3. 
 96  Id. 
 97  NEMA  Comments  at  2. 
 98  See  Penn.  Public  Safety  Comments  at  7. 
 99  Grundy  County  Comments  at  1. 
 100  Id. 
 101  Milwaukee  PD  Comments  at  1. 
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 17 
 infrastructure  investment  due  to  limited  range  of  2.4  and  5.8  GHz  allocations,  102  and  therefore  suggests  that  emergency  response  providers  need  a  high-  speed  wireless  service,  under  their  control,  that  provides 
 reliability  and  security  .  .  .  in  a  spectrum  more  conducive  to  wide  area  coverage.  103  Finally,  the  City  of  Seattle  (Seattle)  reports  the  use  of  commercial  services,  which  are  not  designed  for  high  throughput 
 applications  or  high  capacity,  large-  scale  emergencies,  represent  a  significant  expense.  104  Moreover,  Seattle  contends  that  the  requirements  for  interoperable  communications    high-  speed  data,  VoIP,  and 
 video    will  far  exceed  the  current  data  service  infrastructure  provided  by  third  party  commercial  providers.  105 


 35.  A  number  of  public  safety  and  other  entities  report  that  commercial  technologies  may  provide  benefits  for  non-  mission  critical  applications.  With  respect  to  state  and  local  agencies,  the 
 California  Highway  Patrol  (CHP)  asserts  that  emergency  response  providers  would  benefit  from  accessing  existing  wireless  and  public  service  communications  networks  to  enhance  essential 
 communications  links  within  regional  public  safety  agencies.  106  The  Florida  Department  of  Transportation  (FDOT)  states  that  it  supplements  its  internal  communications  with  commercial  wireless 
 service,  however,  the  agency  emphasizes  that  it  cannot  consider  commercial  wireless  service  for  primary  mission  critical  communications  [because]  attempts  in  using  commercial  service  proved  unreliable  during 
 the  four  hurricanes  .  .  .  in  2004.  107  Missouri  SHP  recognizes  that  [  c]  ommercial  technologies  will  be  utilized  in  many  public  safety  applications,  particularly  in  the  new  4940-  4990  MHz  band,  provided  they 
 are  designed,  implemented  and  intended  to  provide  public  safety  coverage.  108  Missouri  SHP  adds,  public  safety  coverage  requirements  have  to  be  considered  in  any  design  and  implementation,  which 
 utilizes  commercial  technologies.    109  NYOT-  SWN  asserts  that  the  use  of  advanced  commercial  technologies  for  non-  mission  critical  tasks  may  significantly  improve  mobile  data  communications  to  the 
 extent  that  public  safety  receives  broadband  spectrum  allocations.  110  Similarly,  NY  Westchester  County  states  that  the  use  of  commercial  services  to  supplement  the  capabilities  of  dedicated  public  safety 
 systems  may  be  appropriate,  but  only  when  it  is  strictly  limited  to  non-  critical  applications.  111  Owens  reports  that  the  future  needs  of  emergency  response  providers  will  require  national  interoperability  of 
 broadband  mobile  communications,  along  with  the  ability  to  grow  with  future  developments  in  wireless  technologies  fueled  by  both  public  sector  and  commercial  entities.  112 


 102  Id. 
 103  Id. 
 104  See  Seattle  Comments  at  1. 
 105  Id. 
 106  CHP  Comments  at  1. 
 107  Florida  DOT  Comments  at  5-  6. 
 108  Missouri  SHP  Comments  at  10  (emphasis  in  original). 
 109  Id. 
 110  See  NYOT-  SWN  Comments  at  6.  NYOT-  SWN  also  recognizes  that  these  networks  are  generally  subject  to 
 unpredictable  service  outages  due  to  traffic  overload,  severe  weather  conditions,  labor  strikes  and  other  business  disruptions.  Id. 


 111  NY  Westchester  County  Comments  at  6.  We  note  that  NY  Westchester  County  describes  the  Capital  Wireless 
 Integrated  Network  (CapWIN),  an  application  that  offers  interoperable  first  responder  data  communication  and  information  sharing,  as  an  enormous  success    even  though    dependent  upon  a  variety  of  commercial 


 communications  services.  Id.  at  5.  CapWIN  is  discussed  in  Appendix  D.  112 
 Owens  at  1. 
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 18 
 36.  The  Spectrum  Coalition  for  Public  Safety  (Spectrum  Coalition),  a  non-  commercial  affiliation  of  thirty  state,  county  and  local  government  public  safety  organizations,  asserts  that 
 commercial  technologies  provide  significant  benefits,  including  roaming,  but  may  require  some  modification  to  accommodate  the  public  safety  environment,  supporting  full  ruggedization,  enhanced 
 uplink  performance,  [and]  easily  deployed  vehicular  transceiver  systems.  113  The  coalition  also  suggests  that  that  carriers  could  operate  or  lease  back  the  networks  built  for  public  safety  use,  and  these  approaches 
 would  leverage  expertise  and  share  costs  while  allowing  control  by  public  safety.  114  The  Spectrum  Coalition  stresses,  however,  that  relying  completely  on  commercial  providers  for  wireless  broadband 
 would  require  frequent,  costly  equipment  change-  outs  given  that  commercial  carriers  modify  and  upgrade  technologies  relatively  frequently.  115 


 37.  Finally,  UTC  notes  that  CI  entities  report  their  desire  to  build  and  operate  systems  that  employ  multiple  new  technologies  that  can  be  used  for  upgraded  services  for  private,  internal 
 applications.  116  UTC  cautions  that  commercial  technologies  are  desirable  where  feasible,  but  commercial  providers  cannot  meet  critical  criteria  of  reliability  and  ubiquity  across  service  territories  that 
 include  rural  areas.  117  Seybold  similarly  contends  that  commercial  networks  are  suitable  only  for  secondary  public  safety  communications  and  not  for  mission-  critical  dispatch  operations.  118  Seybold  adds 
 that  first  responder  networks  cover  areas  that  commercial  networks  do  not,  and  that  recent  local  regulatory  decisions  limit  construction  of  new  cell  sites.  119  Likewise,  commenter  Andy  Middlebrooks 
 (Middlebrooks)  reports  that  commercial  wireless  technologies  are  suitable  for  some  secondary  public  safety  communications.  120  Finally,  the  Progress  and  Freedom  Foundation  (PFF),  a  non-  profit,  non-partisan 
 research  institution,  suggests  that  giving  public  safety  licensees  expanded  rights  to  the  spectrum  they  hold  would  provide  these  entities  an  opportunity  to  lease  their  spectrum  on  an  interruptible  basis 
 while  simultaneously  retaining  the  right  to  use  the  spectrum  in  an  emergency.  121 
 3.  Comments  from  Commercial  Entities 
 38.  A  number  of  commenters  report  general  support  for  the  use  of  commercial  wireless  technologies  by  emergency  response  providers.  For  instance,  communications  equipment  manufacturer 


 Motorola,  Inc.  (Motorola)  states,  commercial  services  could  be  used  for  non-  mission  critical  activities  like  communicating  with  the  public  or  administrative  and  government  services  requirements,  122  but  notes 
 the  lingering  need  for  dedicated  systems  to  provide  the  appropriate  reliability,  features,  and  flexibility 


 113  Spectrum  Coalition  Comments  at  9. 
 114  See  id.  at  11. 
 115  Id.  at  10.  We  note  that  we  received  additional  data  described  as  an  update  to  the  previous  filing  of  the  Spectrum 
 Coalition  and  pertaining  to  spectrum  needs  of  emergency  response  providers  in  the  National  Capital  Region  on  December  14,  2005.  See  Letter  from  Robert  LeGrande  II,  Deputy  Chief  Technology  Officer,  D.  C.  Government,  to 


 Marlene  H.  Dortch,  FCC,  WT  Docket  No.  05-  157  (Dec.  15,  2005).  116 
 UTC  Comments  at  12  (emphasis  in  original).  117 
 See  id.  at  12-  13.  118 
 See  Seybold  Comments  at  2.  119 
 See  id.  120 
 See  Middlebrooks  Comments  at  2.  121 
 See  PFF  Comments  at  5.  122 
 Motorola  Comments  at  8. 
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 19 
 needed  by  public  safety.  123  CTIA    The  Wireless  Association  (CTIA),  which  represents  carriers  and  manufacturers  in  the  wireless  communications  industry,  reports,  emergency  response  providers  should 
 continue  to  expand  their  use  of  commercially-  supplied  systems  to  the  extent  feasible.  124  CTIA  suggests  that  emergency  response  providers  contract  with  commercial  providers  to  utilize  part  of  a  commercial 
 network  for  specific  needs,  especially  in  instances  when  circumstances  warrant  special  capabilities  not  generally  available  to  consumers.  125  Similarly,  Enterprise  Wireless  Alliance  (Enterprise),  an  association 
 comprised  of  private  wireless  spectrum  users,  wireless  service  providers,  radio  dealers  and  technology  manufacturers,  contends  that  commercial  systems  currently  approximate  the  coverage  necessary  for 
 robust  public  safety  operations  due  to  improved  technologies,  as  well  as  local  radio  dealers  increased  willingness  to  tailor  systems  to  suit  public  safety  needs.  126  Finally,  the  Telecommunications  Industry 
 Association  (TIA),  which  represents  manufacturers  serving  the  information  and  communications  industries,  emphasizes  that  ubiquitous  commercial  provider  networks  can  play  a  significant  role, 
 providing  public  safety  agencies  mechanisms  for  leveraging  the  benefits  of  those  networks,  including  wireless  broadband.  127  TIA  states,  [  p]  ublic  safety  agencies  should  be  encouraged  to  explore  the  use  of 
 widely-  available,  standardized  commercial  wireless  technologies  (within  the  spectrum  allocated  for  public  safety  services)  even  for  mission-  critical  needs.  128 


 39.  Bizcom  USA,  Inc.  d/  b/  a  CX2Technologies  (CX2),  a  licensee  in  the  200  MHz  band,  proposes  public  safety  use  of  the  220-  222  MHz  band  for  data  transport.  CX2  reports  that  this  band 
 exhibits  characteristics  which  make  it  ideally  suited  for  public  safety  use  and  should  be  considered  an  integral  part  of  any  plan  to  meet  spectrum  needs  for  public  safety,  129  and  that  there  are  frequencies  in  the 
 220-  222  MHz  band  available  for  land  mobile  and  fixed  use  for  both  government  and  non-  government  operations.  130  CX2  contends  that  the  band  is  an  excellent  option  for  data  networks  addressing  public 
 safety  needs,  and  asserts  that  the  planned  narrowband  network  will  not  compete  for  bandwidth  with  public  safety  requirements  for  two-  way  voice,  paging  or  cellular  service.  131  CX2  also  asserts  that  its 
 network  offers  a  more  expansive  coverage  footprint  than  other  bands  due  to  the  lower  frequency  and  lower  foliage  absorption  of  the  RF  signal  and  could  satisfy  the  data  component  of  public  safety  strategy 
   leaving  the  voice  and  video  applications  to  other  networks.  132 
 40.  Ericsson  contends  that  incorporating  the  use  of  commercial  wireless  handsets  and  other  commercial  wireless  technologies  into  public  safety  communications  networks  will  give  emergency 


 responder  providers  tools  to  achieve  interoperability  through  the  use  of  commercial  handsets.  133  Ericsson  states  that  an  emergency  response  provider  could  deploy  a  commercial  system  in  public  safety  spectrum 
 which  would  provide  interoperability  with  other  public  safety  and  commercial  networks,  widespread 
 123  Id. 
 124  CTIA  Comments  at  6. 
 125  Id. 
 126  See  Enterprise  Comments  at  6-  7. 
 127  See  TIA  Comments  at  5 
 128  Id. 
 129  CX2  Comments  at  4. 
 130  See  id. 
 131  See  id.  at  7-  8. 
 132  Id.  at  7. 
 133  See  Ericsson  Comments  at  12-  13. 
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 20 
 coverage,  multiple  levels  of  priority  access  to  spectrum,  and  secure  voice  and  data  transmission.  134  Ericsson  adds  that  emergency  response  providers  or  commercial  entities  or  both  could  own  or  manage 
 this  type  of  system.  135  Similarly,  Qualcomm,  Incorporated  (Qualcomm)  submits  that  commercial  technologies  would  benefit  emergency  response  providers  in  countless  ways.  136  Qualcomm  asserts,  for 
 example,  that  EV-  DO  (EVolution-  Data  Optimized)  technologies  enable  commercial  carriers  to  deliver  ubiquitous,  advanced,  high-  speed  broadband.  137  Qualcomm  contends,  [  e]  mergency  responders  can  use 
 these  interoperable  networks  for  critical  information  sharing.  138  Qualcomm  further  suggests  that  its  Forward  Link  Only  (FLO)  technology  is  suitable  for  public  safety  application  in  the  lower  700  MHz  band 
 and  reports  its  intention  to  launch  MediaFLO  service  --  a  nationwide  network  on  700  MHz  spectrum,  Channel  55,  to  deliver  multimedia  content  to  wireless  phones.  139 


 41.  PacketHop,  Inc.  (PacketHop),  a  developer  of  mobile  mesh  networking  software,  contends,  [  u]  se  of  standards-  based  commercial  technologies  will  allow  first  responders  and  public  safety 
 personnel  to  reap  the  benefits  of  changing  technical  capabilities  and  new  standards.  140  PacketHop  adds  that  widespread  use  of  commercial  technologies  would  render  products  affordable  and  maximizes  the 
 number  of  first  responders  that  can  benefit  from  services  using  the  spectrum.  141  PacketHop  advocates  that  use  of  commercial  off-  the-  shelf  equipment  and  wireless  protocols  would  allow  broadband 
 communications  using  Wi-  Fi  capabilities  in  the  4.9  GHz  band  as  hardware  becomes  available.  142 
 42.  In  addition,  Access  Spectrum,  L.  L.  C.  (Access  Spectrum)  and  Pegasus  Guard  Band,  L.  L.  C.,  (Pegasus)  licensees  of  spectrum  in  the  Upper  700  MHz  band,  jointly  filed  a  white  paper  in  the 


 instant  docket,  which  proposes  several  options  for  rebanding  the  700  MHz  band.  143  Specifically,  Access  Spectrum  and  Pegasus  jointly  assert  that  a    mixed-  use  block  of  spectrum,  designed  to  be  used  by  both 
 public  safety  agencies  and  commercial  users,  may  bring  the  benefits  of  broadband  to  the  public  safety  community  in  an  expeditious  and  cost-  effective  manner  while  protecting  public  safety  operations  against 
 interference  from  commercial  operations.  144  The  entities  submit  that  modern  prioritization  and  virtual  private  network  technology  could  provide  public  safety  traffic  the  highest  priority  on  shared-  use 
 commercial  wireless  networks.  145  Access  Spectrum  and  Pegasus  emphasize  that,  implementing  these 
 134  Id.  at  13. 
 135  See  id. 
 136  Qualcomm  Comments  at  6. 
 137  See  id.  at  6-  8. 
 138  Qualcomm  Comments  at  7.  The  CDMA  2000  technologies  include  1xEV-  DO,  the  first  version  of  which  1xEV-DO 
 Release  O,  enables  wireless  downloads  over  licensed  spectrum  over  average  rates  of  hundreds  of  kilobits  per  second  and  peak  rates  of  2.4  megabits  per  second.  Id.  at  6. 


 139  See  id.  at  8. 
 140  PacketHop  Comments  at  4. 
 141  Id.  at  3. 
 142  See  id.  at  3-  4. 
 143  See  Letter  from  Kenneth  R.  Boley,  counsel  to  Access  Spectrum,  L.  L.  C.,  to  Marlene  H.  Dortch,  Secretary,  FCC, 
 WT  Docket  No.  05-  157  (Aug.  3,  2005)  (appending  White  Paper,  Implementing  the  Vision  for  700  MHz:  Rebanding  the  Upper  700  MHz  A  and  B  Blocks  For  Next-  Generation  Wireless  Broadband)  (Access  Spectrum  and  Pegasus 


 White  Paper).  144 
 Access  Spectrum  and  Pegasus  at  18.  145 
 Id. 
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 technologies  would  potentially  permit  public  safety  entities  to  share  with  commercial  users  the  costs  of  deploying  next-  generation  wireless  broadband  infrastructure  while  still  getting  .  .  .  priority  and 
 security.  146 
 43.  On  the  other  hand,  consulting  firm  Interoperable  Wireless  contends  commercial  wireless  systems  would  require  hundreds  of  megahertz  of  spectrum  to  achieve  the  quality  of  service  expected  by 


 public  safety.  147  According  to  Interoperable  Wireless,  a  significant  amount  of  spectrum  is  necessary  to  meet  public  safetys  unusual  requirements  because,  as  compared  to  a  standard  commercial  wireless  call 
 that  consists  of  one  person  communicating  to  another,  public  safety  calls  may  average  one  hundred  users.  148  Interoperable  Wireless  therefore  suggests  that  commercial  technologies  are  not  suitable  for 
 public  safety  because  commercial  technologies  would  require  use  of  at  least  two  megahertz  of  spectrum  to  provide  communication  to  and  among  a  large  group.  149 


 44.  Finally,  with  respect  to  economic  benefits  associated  with  the  use  of  commercial  wireless  technologies,  CTIA  suggests  that  public  safety  entities  will  benefit  from  synergies  in  economies  of  scale 
 and  equipment  advances  given  that  the  twenty-  four  megahertz  in  the  700  MHz  band  allocated  for  public  safety  is  proximate  to  the  thirty-  six  megahertz  allocated  for  commercial  use.  150  CTIA  further  notes  that 
 the  twenty-  four  megahertz  in  the  700  MHz  band  is  proximate  to  newly  cleared,  consolidated  spectrum  available  for  public  safety  in  the  800  MHz  band.  151  Satellite  service  provider  MSV  contends  that  the  use 
 of  MSS,  in  combination  with  the  ancillary  terrestrial  component,  would  assure  ubiquitous  coverage,  would  more  economically  cover  remote  areas,  and  unlike  most  commercial  networks,  would  be  reliable 
 when  the  power  grid  fails.  152  Enterprise  stresses  that  the  cost  of  commercial  services  has  decreased  and  reports  that  SouthernLINC  Wirelesss  advanced  network  has  allowed  public  safety  entities  to  avoid  the 
 costs  involved  in  constructing  and  maintaining  their  own  systems.  153 
 4.  Findings  154 
 45.  While  commercial  wireless  technologies  are  not  appropriate  for  every  type  of  public  safety  communication,  there  may  now  be  a  place  for  commercial  providers  to  assist  public  safety  in 


 securing  and  protecting  the  homeland.  Technological  solutions  are  emerging  that  show  significant  promise  for  addressing  interoperability,  a  multi-  faceted  concept  that  occurs  across  what  DHS  has  dubbed 
 the  interoperability  continuum.  155  Various  commercial  wireless  technologies  and  services    from  those 


 146  Id. 
 147  Interoperable  Wireless  Comments  at  18. 
 148  Id.  (emphasis  in  original). 
 149  Id.  at  19. 
 150  See  CTIA  Comments  at  5-  7. 
 151  See  id.  at  5. 
 152  See  MSV  Comments  at  11. 
 153  Enterprise  Comments  at  5. 
 154  As  noted  in  this  report  and  as  discussed  in  greater  detail  in  the  appendices,  the  use  of  commercial  technologies, 
 appropriately  implemented,  may  provide  significant  benefits  to  emergency  response  providers.  See  Appendix  B  (discussing  commercial  wireless  technologies  and  services)  and  Appendix  C  (discussing  commercial  satellite 


 technologies  and  services).  155 
 See  http://  www.  safecomprogram.  gov/  NR/  rdonlyres/  72E16B22-  6928-  4676-  A82A-B6858E7974FA/  0/  InteroperabilityContinuum.  pdf;  see  also  Presentation  from  Bill  Butler,  Washington,  D.  C.  Office 


 of  Chief  Technology  Officer,  to  Angela  E.  Giancarlo,  FCC,  WT  Docket  No.  05-  157  (Nov.  4,  2005)  (OCTO  (continued.) 
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 (Continued  from  previous  page) 


 that  achieve  a  minimum  level  of  interoperability  to  those  that  achieve  an  optimal  level    are  available  to  provide  public  safety  with  solutions  at  every  step  of  the  interoperability  continuum. 
 46.  It  is  important  to  note  that  there  is  a  distinction  between  suggesting  that  public  safety  consider  the  use  of  commercial  services  and  exploring  the  utility  of  deploying  commercial  technologies  in 
 public  safety  spectrum.  In  general,  public  safety  commenters  have  expressed  reluctance  to  rely  on  commercial  services  for  mission  critical  communications  because  of  lack  of  network  control,  security  and 
 reliability  concerns,  particularly  during  a  crisis  or  disaster.  Public  safety  commenters  also  noted  that  commercial  service  networks  often  provide  only  limited  coverage  in  rural  areas.  Incorporating 
 commercial  technologies  into  networks  operated  by  public  safety  may  provide  numerous  benefits  to  the  public  safety  community  in  terms  of  cost,  access  to  technological  advances  and  efficient  spectrum  use. 
 Commercially  proven,  high-  speed  mobile  data  technologies  can  enhance  public  safety  capabilities  in  both  a  timely  and  cost-  effective  manner.  As  to  timeliness,  public  safety  would  benefit  because  technologies 
 are  already  widely  available  in  the  commercial  marketplace.  Given  this  wide  availability,  therefore,  public  safety  entities  would  benefit  from  the  associated  economies  of  scale  in  purchasing  equipment  and 
 facilities.  Further,  given  that  certain  of  these  technologies  operate  on  non-  proprietary  standards,  public  safety  entities  would  be  in  a  better  position  to  take  advantage  of  technological  upgrades. 


 47.  For  example,  smart  radios  are  capable  of  operating  on  multiple  frequencies  in  multiple  formats  so  that  different  systems  can  connect  with  each  other.  IP-  based  systems  are  capable  of  enabling 
 communications  between  diverse  radio  systems  and  frequencies  without  requiring  the  replacement  of  existing  radios.  These  systems  interconnect  emergency  personnel  and  other  resources  across  existing 
 radio  networks  and  other  communications  networks,  and  thus  can  achieve  immediate  interoperability  of  existing  push-  to-  talk  radio  systems  operating  in  separate  spectrum  bands  as  well  as  commercial  voice  and 
 broadband  systems.  Wi-  Fi  and  Wi-  Max  technologies  permit  emergency  response  providers  to  communicate  information  between  offices  and  the  field,  which  is  especially  helpful  in  non-  mission 
 critical  situations.  Other  commercial  wireless  services,  including  Wireless  Priority  Service  (WPS),  as  well  as  cellular  technologies  that  enable  easy  one-  to-  one  and  one-  to-  many  half-  duplex  communications 
 (e.  g.,  Push-  to-  Talk)  also  may  further  the  ability  of  emergency  response  providers  to  effectively  communicate  with  each  other.  At  a  minimum,  public  safety  entities  may  realize  many  benefits  from 
 entering  into  partnerships  with  commercial  providers,  especially  with  respect  to  non-  mission  critical  duties,  that  allow  public  safety  to  leverage  technological  advances  and  increased  competition. 


 48.  Further,  the  incorporation  of  commercial  satellite  services  into  either  a  private  public  safety  or  commercial  interoperable  network  that  also  includes  terrestrial  wireless  systems  would  help  to 
 ensure  that  effective  communication  services  are  available  to  emergency  response  providers.  Federal,  state  and  local  emergency  response  providers  are  already  using  commercial  satellite  services  either  as 
 stand-  alone  platforms  or  as  part  of  an  integrated  satellite  terrestrial  network  to  enable  a  range  of  voice,  data,  video  and  other  services. 


 49.  Finally,  given  the  impact  of  hurricane  Katrina  on  the  communications  infrastructure  in  the  affected  area,  and  the  larger  recognition  that  disasters  often  render  communications  infrastructure 
 inoperable,  an  independent  expert  panel  composed  of  public  safety  and  communications  industry  representatives  will  analyze  and  make  recommendations  to  the  Commission  regarding  ways  to  improve 
 network  reliability,  among  other  issues.  156  Hurricane  Katrina  severed  communications  links  to  multiple  Public  Safety  Answering  Points  (PSAPs),  the  key  facilities  that  handle  local  emergency  and  first 
 responder  calls.  Going  forward,  we  need  to  establish  a  process  to  work  with  states  and  municipalities  to 


 Presentation)  (depicting  the  continuum  of  public  safety  wireless  communications  interoperability  capabilities  in  the  Washington,  D.  C.  area);  Motorola  Oct.  27,  2005  Ex  Parte  (APCO  Supported  Interoperability  Options). 
 156  See  infra    7. 
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 improve  the  redundancy  of  critical  communications  links  that  serve  PSAPs.  As  part  of  this  effort,  the  federal  government  should  take  a  lead  role  to  facilitate  and  encourage  cooperation  among  local 
 jurisdictions  to  address  mutual  restoration  and  redundant  routing  that  will  help  create  a  more  resilient  network  to  aid  emergency  response  providers. 


 C.  Section  7502(  a):  The  Short-  Term  and  Long-  Term  Needs  for  Allocations  of  Additional  Portions  of  the  Electromagnetic  Spectrum  for  Federal,  State  and 
 Local  Emergency  Response  Providers,  and  Whether  or  Not  an  Additional  Allocation  of  Spectrum  in  the  700  Megahertz  Band  Should  be  Granted  by 
 Congress  to  Federal,  State  and  Local  Emergency  Response  Providers 
 1.  Overview 
 50.  With  respect  to  short-  term  and  long-  term  needs  for  allocations  of  additional  spectrum  for  federal,  state  and  local  emergency  response  providers,  we  initially  note  that  while  the  completion  of  the 


 DTV  transition  will  provide  a  significant  benefit  to  public  safety  entities,  there  are  also  a  number  of  other  initiatives  underway  to  address  public  safetys  immediate  spectrum  needs.  For  example,  the  Commission 
 has  taken  a  number  of  actions  to  improve  public  safety  communications  in  the  800  MHz  band,  as  well  as  to  promote  the  more  efficient  use  of  existing  public  safety  spectrum. 


 51.  In  considering  public  safetys  short-  term  and  long-  term  needs,  a  number  of  commenters  urge  a  broad  interpretation  of  the  definition  of  emergency  response  providers.  In  connection  with  the 
 inquiry,  public  safety  and  CI  commenters  generally  contend  that,  even  with  the  actions  the  Commission  has  taken  to  date,  there  is  a  need  for  additional  public  safety  spectrum  in  the  700  MHz,  800  MHz  and  4.9 
 GHz  bands.  These  entities  describe  a  need  for  more  spectrum  in  the  700  MHz  band  to  implement  broadband  data  applications. 


 52.  With  respect  to  whether  or  not  Congress  should  grant  an  additional  allocation  of  spectrum  in  the  700  MHz  band  to  federal,  state  and  local  emergency  response  providers,  commenters 
 favoring  additional  public  safety  spectrum  cite  increased  demands  on  emergency  response  providers  and  urge  Congress  to  grant  additional  allocations  of  ten  to  thirty  megahertz  of  spectrum  in  the  700  MHz  band. 
 Certain  commenters  ask  Congress  to  grant  additional  allocations  of  spectrum  in  the  700  MHz  band,  but  do  not  specify  an  amount.  In  addition,  some  commenters  urge  Congress  to  grant  additional  allocations  of 
 public  safety  spectrum  in  bands  other  than  the  700  MHz  band.  Finally,  citing  the  need  for  spectral  efficiency,  a  number  of  commenters  argue  that  Congress  should  refrain  from  granting  additional  spectrum 
 in  the  700  MHz  band  until  that  band  is  cleared  and  services  operating  on  the  twenty-  four  megahertz  public  safety  spectrum  allocation  are  deployed.  Wireless  carriers,  broadcasters,  manufacturers  and 
 vendors  generally  assert  that  public  safety  entities  must  use  spectrum  more  efficiently.  In  this  regard,  these  entities  argue  that  the  existing  700  MHz  allocation  must  be  cleared  and  put  to  use  prior  to 
 consideration  of  allocation  of  additional  public  safety  spectrum  and  that  public  safety  agencies  do  not  need  additional  spectrum  in  the  short-  term. 


 2.  Status  of  the  700  MHz  Band 
 53.  At  the  outset,  we  note  that  a  broad  array  of  entities  urge  Congress  to  establish  a  firm  date  for  broadcasters  to  clear  Channels  60-  69  in  order  to  make  available  for  public  safety  the  spectrum 


 associated  with  these  channels.  This  discussion,  along  with  a  short  summary  of  Congress  recent  activities  in  this  area,  follows. 


 54.  A  number  of  public  safety  commenters  (and  their  representatives)  urge  expeditious  clearing  of  the  700  MHz  band.  For  instance,  NEMA  complains  that  the  uncertain  status  of  the  spectrum 
 has  compelled  some  states  to  purchase  radios  that  work  in  both  the  700  and  800  MHz  bands.  157  The 
 157  NEMA  Comments  at  2. 
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 Spectrum  Coalition  supports  a  date-  certain  for  DTV  transition,  because  without  clearance  of  the  analog  TV  signals,  the  spectrum  will  not  be  available  for  any  use.  158  The  FRC  reports  that  additional  spectrum 
 is  crucial  to  achieving  interoperability,  and  urges  the  Commission  to  ask  Congress  to  accelerate  the  DTV  transition  by  establishing  a  date  certain  for  clearing  the  700  MHz  band.  159 


 55.  Penn.  Public  Safety  observes  that  emergency  response  providers  cannot  access  the  public  safety  spectrum  in  the  700  MHz  band  until  analog  broadcasting  ends  and  television  channels  are 
 available.  160  Penn.  Public  Safety  explains  that  the  uncertainty  surrounding  the  lower  television  channels  has  delayed  the  ability  of  RPCs  28  and  36  to  undertake  meaningful  spectrum  planning.  161  The  Michigan 
 Department  of  Information  Technology  (MDIT)  urges  Congress  to  expedite  the  availability  of  the  700  MHz  band.  162  Milwaukee  PD  asserts,  [  v]  irgin  spectrum  that  can  be  rationally  appropriated  with  wide 
 area  interoperability  in  mind  demands  the  700  MHz  allocations  be  cleared  as  soon  as  possible.  163  Grundy  County  contends  that  Congress  and  the  Commission  must  take  action  this  year  to  set  a  date 
 certain  to  clear  the  700  MHz  band.  164 
 56.  Certain  public  safety  commenters  urge  that  Congress  establish  a  firm  deadline  by  which  the  700  MHz  band  be  cleared.  For  instance,  RPC  8  urges  Congress  to  set  a  date  certain  deadline  to  move 


 all  existing  analog  TV  stations  on  Channels  60  through  69  off  the  air  no  later  than  January  2006.  165  NYOT-  SWN  reports,  the  [DTV]  transition  must  be  completed  on  its  original  schedule  -  December  31, 
 2006,  with  no  exemptions.  166  The  City  of  New  York  (NYC)  maintains  that  Congress  should  mandate  clearing  the  spectrum  by  2007  or  very  soon  thereafter.  167  Similarly,  FDOT  submits  that  any  timetable 
 much  beyond  the  contemplated  December  31,  2006  objective  for  clearing  the  band  .  .  .  will  severely  strain  the  operations  of  FDOT  and  other  Florida  emergency  response  providers  with  the  result  that  pent-  up 
 demand  for  spectrum  may  affect  available  capacity.  168 
 57.  CTIA  and  T-  Mobile  also  urge  expeditious  clearing  of  the  700  MHz  band.  CTIA  encourages  the  Commission  .  .  .  to  support  clearing  the  [700  MHz]  spectrum  as  quickly  as  possible.  169 


 T-  Mobile  adds,  [  t]  he  real  obstacle  to  public  safety  operations  is  not  inadequate  spectrum  allocation  in  the  700  MHz  .  .  .  ,  but  rather  the  inability  of  public  safety  licensees  to  commence  operations  in  the  band  at 
 all.  170 
 58.  Finally,  a  number  of  communications  industry  manufacturers  and  vendors  assert  that 


 158  Spectrum  Coalition  Comments  at  8  (emphasis  in  original). 
 159  FRC  Comments  at  4-  5. 
 160  Penn.  Public  Safety  Comments  at  3. 
 161  Id.  at  3. 
 162  See  MDIT  Comments  at  2. 
 163  Milwaukee  PD  Comments  at  1. 
 164  Grundy  County  Comments  at  1. 
 165  RPC  8  Comments  at  8. 
 166  NYOT-  SWN  Comments  at  2-  3  (emphasis  in  original). 
 167  NYC  Comments  at  3. 
 168  FDOT  Comments  at  6. 
 169  CTIA  Comments  at  5. 
 170  T-  Mobile  Comments  at  3. 
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 Congress  must  act  to  clear  the  700  MHz  band  prior  to  making  allocations  of  additional  spectrum,  and  urge  Congress  to  establish  a  firm  deadline  for  clearing  the  band.  For  example,  ITIC  argues  that  the 
 opportunity  cost  of  not  promptly  clearing  the  700  MHz  band  of  legacy  analog  television  stations  currently  encumbering  Channels  62-  69  is  enormous  because  expeditiously  clearing  .  .  .  the  700  MHz  band 
 would  greatly  advance  spectrum  efficiency.  171  TIA  strongly  urges  the  Commission  to  support  a  date  certain  of  December  31,  2006.  172  In  addition,  M/  A-  COM  Corporation  (M/  A-  COM),  a  developer  and 
 manufacturer  of  semiconductors  and  technologies  serving  the  public  safety  and  CI  industries,  reports  that  large  swaths  of  the  ninety-  seven  megahertz  of  spectrum  designated  by  the  Commission  to  support 
 public  safety  communications  remain  unavailable.  173  In  this  regard,  M/  A-  COM  suggests  that  the  Commission  work  with  Congress  to  identify  December  31,  2006,  as  [the]  final  deadline  for  the 
 switchover  to  DTV.  174  Although  Motorola  supports  the  imposition  of  a  date  certain,  the  company  submits  that  the  December  31,  2006,  transition  date  remains  unlikely  given  the  loophole  .  .  .  allowing 
 TV  broadcasters  to  remain  indefinitely  based  on  DTV  availability.  175  Finally,  Qualcomm  urges  Congress  to  expedite  clearing  of  all  spectrum  in  the  700  MHz  band  by  firmly  establishing  a  hard  date  of 
 December  31,  2006,  for  the  end  of  the  DTV  transition.  176 
 59.  On  the  other  hand,  two  broadcasters  allege  that  no  reason  to  expedite  clearing  the  700  MHz  band  exists.  First,  Maranatha  Broadcasting  Company  (Maranatha),  which  serves  the  Philadelphia 


 area,  contends  that  there  is  not  any  short-  term  need  for  access  to  the  [700  MHz]  band  whether  by  December  31,  2006  or,  probably  December  31,  2010,  because  the  public  safety  agencies  in  its 
 broadcasting  service  area  have  no  short-  term  plans  for  new  systems  in  the  Upper  700  MHz  band.  177  Second,  Univision  cautions  that  proposals  allowing  public  safety  entities  to  begin  planning  for  use  of  the 
 twenty-  four  megahertz  of  spectrum  set  aside  for  public  safety  would  dislocate  up  to  seventy-  five  broadcast  stations  and  would  be  unfair  to  the  broadcasters  and  their  viewers.  178  These  stations, 
 Univision  notes,  also  broadcast  weather,  traffic,  disaster,  and  other  safety  alerts,  each  of  which  is  critical  to  public  safety.  179 


 60.  We  note  that  Congress  is  actively  considering  legislation  that  would  revise  the  timeline  for  completion  of  the  digital  television  transition.  180  The  current  target  for  completion  of  the  transition  is 
 the  earlier  of  December  31,  2006,  or  when  eighty-  five  percent  of  households  are  able  to  receive  a  digital 
 171  ITIC  Comments  at  9-  10  (emphasis  in  original). 
 172  TIA  Comments  at  4. 
 173  See  M/  A-  COM  Comments  at  3. 
 174  Id.  at  4. 
 175  Motorola  Comments  at  5;  see  also  id.  at  4  (asserting  that  full  availability  of  additional  spectrum  allocated  or 
 identified  by  [the  Commission]  has  been  delayed  because  the  spectrum  remains  encumbered  by  legacy  users).  176 
 Qualcomm  Comments  at  4-  5;  see  also  id.  at  2  (stating  that  public  safety  entities  have  not  yet  been  able  to  use  the  24  MHz  in  the  700  MHz  band  because  the  DTV  transition  has  not  yet  been  completed);  Ericsson  Comments  at 


 6-  7  (reporting  that  any  additional  spectrum  in  [the  700  MHz]  band  would  be  unavailable  until  the  [DTV]  transition  is  complete). 


 177  Maranatha  Comments  at  3. 
 178  Unvision  Comments  at  3-  4. 
 179  See  id. 
 180  At  this  writing,  a  conference  committee  has  established  February  17,  2009,  as  the  date  for  the  completion  of  the 
 transition  from  analog  to  digital  broadcast  transmissions.  See  H.  R.  Rep.  No.  109-___,  109  th  Cong.,  1  st  Sess.  3  (2005). 
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 broadcast  signal.  181 
 3.  Critical  Infrastructure  and  Other  Emergency  Response  Providers 
 61.  As  a  preliminary  matter,  we  note  that  a  number  of  commenters  urge  a  broad  interpretation  of  the  definition  of  emergency  response  providers.  As  addressed  below,  these 


 commenters  contend  that  the  term  emergency  response  provider  should  include  entities  that  maintain  the  nations  CI  in  emergencies,  and  government  entities  that  coordinate  emergency  communications 
 needs  and  operations  at  the  local  level. 
 62.  First,  UTC  reports  that  CI  entities  are  part  of  the  emergency  response  community  and  should  be  included  in  the  Commissions  spectrum  needs  study.  182  UTC  submits  that  CI  entities  have  no 


 spectrum  allocated  exclusively  for  their  use,  the  shared  bands  currently  in  use  are  degrading,  and  these  entities  need  a  flexible  spectrum  allocation  that  would  permit  voice  and  data  applications.  183  Further, 
 UTC  asserts  that  the  spectrum  needs  of  CI  entities  will  increase  with  the  growth  of  infrastructure  and  homeland  security  responsibilities,  and  explains  that  CI  entities  face  new  state  regulatory  requirements  for 
 responding  to  power  outages  that  will  increase  [the  CI  entities]  dependence  on  private  wireless  systems.  184 


 63.  Likewise,  the  National  Association  of  Manufacturers  (NAM)  and  MRFAC,  Inc.  (MRFAC),  a  frequency  coordinator  for  the  30-  900  MHz  bands,  jointly  contend  that  emergency  response 
 providers  should  include  organizations  in  addition  to  those  that  traditionally  serve  public  safety  roles.  185  NAM-  MRFAC  argue  that  failure  to  include  manufacturers  and  industrial  entities,  which  serve  as 
 emergency  response  providers  pursuant  to  mutual  aid  agreements  with  communities,  would  preclude  the  ability  to  extend  mutual  aid  agreements  to  [additionally  allocated]  frequencies,  thus  hindering  the 
 assistance  that  manufacturers  provide.  186  Motorola  explains  that,  though  the  Commissions  primary  focus  is  appropriately  placed  on  state  and  local  emergency  responders,  the  Commission  should  also  consider 
 the  needs  of  critical  infrastructure  providers  and  non-  governmental  critical  infrastructure  personnel  who  respond  in  emergency  situations  to  provide  a  more  holistic  understanding  of  spectrum  needs.  187 
 Similarly,  Lucent  submits  that  governmental  responsibility  must  include  all  response  personnel  .  .  .  including  law  enforcement,  military,  emergency  response,  health  care,  public  works,  and  environmental 
 communities.  188 


 181  See  47  U.  S.  C.    309(  j)(  14). 
 182  See  UTC  Comments  at  3. 
 183  See  id.  at  9. 
 184  Id.  at  10. 
 185  See  NAM-  MRFAC  Comments  at  3. 
 186  See  id.  at  3,  6  (citing  examples  of  companies  that  coordinate  with  emergency  response  providers  to  design 
 customized  service  capabilities).  187 
 Motorola  Comments  at  3.  We  note  that  Motorola  also  filed  an  ex  parte  presentation  regarding  public  safety  communications  requirements,  including  the  use  of  the  spectrum  allocated  for  public  safety  in  the  700  MHz  band. 


 See  Letter  from  Steve  B.  Sharkey,  Motorola,  to  Marlene  H.  Dortch,  Secretary,  FCC,  WT  Docket  No.  05-  157  (Oct.  27,  2005)  (Motorola  Oct.  27,  2005  Ex  Parte). 
 188  Lucent  Comments  at  7-  8.  We  note  that  Lucent  also  filed  an  ex  parte  presentation  regarding  improving  efficiency 
 and  capabilities,  and  promoting  competition  for  emergency  response  providers.  See  Letter  from  Michael  T.  McMenamin,  Lucent  Technologies,  to  Marlene  H.  Dortch,  Secretary,  FCC,  WT  Docket  No.  05-  157  (Nov.  10,  2005) 


 (Lucent  Nov.  10,  2005  Ex  Parte). 
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 64.  In  addition,  Owens  asserts  that  the  scope  of  the  term  emergency  response  provider  has  expanded  beyond  inclusion  of  law  enforcement,  emergency  medical  services,  fire  and  emergency 
 management  agencies,  and  that  the  term  should  now  include    part-  time  emergency  response  providers,  such  as  school  administrators,  infrastructure  providers  and  Citizen  Corps.  189  In  discussing  the  proposed 
 nationwide  interoperable  broadband  mobile  communications  network,  Speights  asserts  that  a  broad  base  of  emergency  response  providers  must  have  access  to  the  network,  including  critical  infrastructure 
 entities.  190  Finally,  the  American  Ambulance  Association  (American  Ambulance)  contends  that  government  and  non-  government  emergency  medical  services,  including  ambulance  service  providers, 
 must  have  access  to  spectrum  allocations  designated  for  public  safety  use.  191 
 4.  Comments  Favoring  An  Additional  Allocation  of  Spectrum  in  the  700  MHz  Band  in  Light  of  the  Short-  Term  and  Long-  Term  Needs  of  Federal,  State 


 and  Local  Emergency  Response  Providers 
 65.  Public  safety  commenters  at  all  levels  -  federal,  state,  local  and  regional  -  contend  that,  even  considering  the  actions  the  Commission  has  taken  to  date,  a  need  for  allocations  of  additional  public 


 safety  spectrum  in  the  700  MHz  band  remains.  Likewise,  critical  infrastructure  and  other  entities  also  indicate  a  need  for  allocations  of  additional  public  safety  spectrum  in  the  700  MHz  band. 


 66.  Citing  the  increased  demands  on  emergency  response  providers,  commenters  favoring  additional  public  safety  spectrum  recommend  that  Congress  grant  an  additional  ten  to  thirty  megahertz  (in 
 addition  to  the  current  twenty-  four  megahertz  public  safety  allocation)  in  the  700  MHz  band.  First,  the  Los  Angeles  County  Sheriffs  Department  (L.  A.  Sheriff)  contends  that  Congress  should  allocate  an 
 additional  ten  megahertz  of  spectrum  in  the  700  MHz  band  to  public  safety  entities.  192  L.  A.  Sheriff  asserts  that  the  additional  allocation  would  be  used  to  relieve  congestion  on  existing  systems  and  to 
 address  a  pressing  need  for  a  new,  county-  wide,  broadband  mobile  communications  system.  193  In  addition,  NYC  supports  an  allocation  of  an  additional  ten  megahertz  in  the  700  MHz  band.  194  Northrop 
 Grumman  Information  Technology,  TASC,  Inc.  (Northrop  Grumman  IT)  also  recommends  an  additional  allocation  of  at  least  ten  megahertz  in  the  700  MHz  band,  asserting  that  the  forthcoming  twenty-  four 
 megahertz  of  spectrum  fails  to  facilitate  use  of  todays  wireless  broadband  technologies  and  applications.  195  The  company  proposes  that  an  additional  allocation  of  spectrum  in  the  700  MHz  band 
 would  facilitate  development  of  a  nationwide  broadband  mobile  network  supporting  interoperability  and  advanced  applications,  196  and  notes,  [  a]  t  a  minimum,  broadband  applications  require  ten  megahertz  of 
 contiguous  spectrum.  197 
 67.  Lucent  estimates  that  an  allocation  of  an  additional  ten  to  fifteen  megahertz  of  spectrum  in  the  700  MHz  band  would  support  a  nationwide  interoperable  mobile  broadband  network.  198  In 


 189  Owens  Comments  at  1. 
 190  See  Speights  Comments  at  5. 
 191  See  American  Ambulance  Comments  at  1-  2. 
 192  See  L.  A.  Sheriff  Comments  at  6-  7. 
 193  Id.  at  6. 
 194  See  NYC  Comments  at  11. 
 195  Northrop  Grumman  IT  Comments  at  7. 
 196  See  id.  at  7. 
 197  Id.  at  10. 
 198  See  Lucent  Comments  at  25. 
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 addition,  ARRC  suggests  that  allocation  of  an  additional  twelve  to  twenty-  four  megahertz  of  spectrum  in  the  Upper  700  MHz  band  would  be  desirable  to  make  the  current  700  MHz  allocation  and  the  current 
 800  MHz  bands  contiguous  and  eliminate  the  problems  associated  with  the  proximity  of  commercial  providers.  199  IPWireless,  Inc.  (IPWireless),  a  mobile  broadband  technology  developer,  reports  that  the 
 current  twenty-  four  megahertz  allocation  in  the  700  MHz  band  does  not  meet  even  current  public  safety  needs.  200  The  company  therefore  urges  the  Commission  to  recommend  to  Congress  an  additional 
 allocation  from  the  700  MHz  UHF  band  of  at  least  twenty  megahertz  of  contiguous  spectrum,  or  alternatively,  two  paired  ten  megahertz  blocks  suitable  for  frequency  division  duplex  (FDD)  use.  201 


 68.  FPIC  contends  that,  regardless  of  the  Commissions  actions  to  date,  a  need  for  allocations  of  additional  public  safety  spectrum  remains.  Specifically,  FPIC  submits  that  additional  spectrum  in  the 
 700  MHz  band  would  meet  a  need  for  never  before  deployed  interoperability  among  users  on  every  side  of  the  emergency  response  core  groups.  202  FPIC  contends  that  this  approach  would  permit  federal,  state 
 and  local  emergency  response  providers  to  enjoy  full,  core,  data  communications  interoperability.  203  FPIC  recommends  that  Congress  provide  an  additional  30  MHz  of  public  safety  spectrum  within  the 
 Upper  700  MHz  band.  204  Given  this  recommendation,  FPIC  further  proposes  that  the  Commission  recommend  to  Congress  the  cancellation  of  Auction  No.  31.  205  FPIC  states  that  this  spectrum  should  be  a 
 shared,  primary  government/  non-  government  public  safety  allocation  suitable  for  Federal,  State,  and  local  interoperable  wideband  data  requirements.  206 


 69.  Similarly,  Penn.  Public  Safety  urges  Congress  to  provide  an  additional  allocation  of  spectrum  in  the  700  MHz  band  for  emergency  provider  communications,  and  indicates  its  opposition  to 
 auctioning  the  remaining  thirty-  six  megahertz  of  spectrum  in  the  Upper  700  MHz  band.  207  Further,  Penn.  Public  Safety  proposes  dividing  this  thirty-  six  megahertz  of  spectrum  as  follows:  (1)  ten  megahertz  for 
 state  and  local  internal  operations,  (2)  fifteen  megahertz  for  critical  infrastructure  agencies  for  internal  operations,  (3)  five  megahertz  for  state  licensees,  and  (4)  six  megahertz  for  federal  homeland  security 


 199  ARRC  Comments  at  2. 
 200  IPWireless  Comments  at  2. 
 201  Id. 
 202  FPIC  Comments  at  5. 
 203  Id. 
 204  FPIC  Comments  at  4. 
 205  Id.  Auction  No.  31  will  offer  thirty  megahertz  of  spectrum  in  the  747-  762  and  777-  792  MHz  bands.  Auction 
 No.  31  had  been  scheduled  to  begin  on  June  19,  2002,  and  the  Commission  had  established  auction  procedures  and  received  auction  applications  before  the  auction  was  postponed,  "to  provide  additional  time  for  Congress  to  consider 


 legislation  affecting  the  timing  of  that  auction  and,  accordingly  bidder  preparation  and  planning."  Auction  of  Licenses  in  the  747-  762  and  777-  792  MHz  Band  (Auction  No.  31)  Postponed  Until  January  14,  2003;  Auction  of 
 Licenses  in  the  698-  746  MHz  Band  (Auction  No.  44)  Will  Proceed  As  Scheduled,  Public  Notice,  17  FCC  Rcd  10108  (2002).  With  the  enactment  of  the  Auction  Reform  Act  on  June  19,  2002,  Congress  prohibited  the 
 commencement  or  conduct  of  Auction  Nos.  31  and  44  on  June  19,  2002.  Auction  Reform  Act  at    3(  a)  (to  be  codified  at  47  U.  S.  C.    309(  j)(  15)(  B)).  The  Commission  has  not  rescheduled  Auction  No.  31.  We  also  note  that 
 Section  337(  a)(  2)  of  the  Communications  Act  provides  that  the  Commission  shall  allocate  thirty-  six  megahertz  of  spectrum  in  the  Upper  700  MHz  band  for  commercial  use  to  be  assigned  by  competitive  bidding.  47  U.  S.  C. 
   337(  a)(  2).  The  747-  762  and  777-  792  MHz  band  segments  are  part  of  the  thirty-  six  megahertz  of  spectrum  that  the  Commission  reallocated  for  commercial  use  pursuant  to  Section  337(  a)(  2). 


 206  FPIC  Comments  at  4. 
 207  Penn.  Public  Safety  Comments  at  2. 
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 agencies  internal  operations.  208  Public  safety  consultant  Speights  urges  Congress  to  reallocate  the  unauctioned  portion  of  the  Upper  700  MHz  band,  contending  that  this  band  is  more  valuable  .  .  .  as  a 
 federal/  state/  local  public  safety  interoperability  band  than  as  a  commercial  radio  service  band  or  for  any  other  use.  209 


 70.  In  addition,  the  Spectrum  Coalition  urges  Congress  to  allocate  additional  spectrum  for  public  safety  in  the  700  MHz  band,  because  the  band  represents  the  last  spectrum  with  the  desired 
 propagation  properties  yet  broad  enough  to  support  required  data  speeds.  210  The  group  concludes  that  Congress  should  consider  up  to  the  entire  thirty  megahertz  upper  700  MHz  block  for  allocation  to 
 federal,  state  and  local  public  safety  entities.  211  The  Spectrum  Coalition  adds  that  additional  spectrum,  particularly  in  the  700  MHz  band,  is  necessary  to  implement  broadband  capabilities  and  increase 
 interoperability,  both  of  which  are  critical  to  public  safety.  212  NEMA  submits  that  additional  spectrum  should  allocated  in  the  700  MHz  band,  adjacent  to  the  current  public  safety  band,  in  order  to  preserve 
 recent  investments  in  equipment  that  operates  in  both  the  700  MHz  and  800  MHz  bands.  213  Finally,  the  FRC  asserts  that  the  Commission  must  make  additional  spectrum  available  soon,  and  states  that  the 
 current  spectrum  allocated  for  public  safety  use  is  inadequate  for  use  with  next  generation  technologies.  214 
 71.  Certain  commenters  urge  Congress  to  grant  additional  allocations  of  spectrum  in  the  700  MHz  Band,  but  do  not  specify  an  amount.  For  instance,  the  National  Public  Safety  Telecommunications 


 Council  (NPSTC),  a  federation  of  associations  representing  various  law  enforcement  and  emergency  agency  organizations,  and  the  Association  of  Public-  Safety  Communications  Officials-  International,  Inc. 
 (APCO),  a  frequency  coordinator  and  trade  association  that  represents  police,  fire,  emergency  medical  and  other  public  safety  agencies,  jointly  assert  the  need  for  additional  allocations  of  spectrum  in  the  700 
 MHz  band  given  the  new  and  expanded  tasks  after  9/  11.  215  NPSTC-  APCO  state  that  public  safety  entities  need  additional  spectrum  in  the  700  MHz  band  for  mobile  broadband  capability,  including  wideband  data 
 and  video.  216  In  a  recent  ex  parte  filing,  NPSTC  emphasizes  the  importance  that  additional  spectrum  be  allocated  for  public  safety  services,  particularly  for  meeting  expanding  mobile  broadband  demands  below 
 1  GHz.  The  current  700  MHz  allocation,  no  matter  what  its  structure,  is  not  adequate  to  meet  these  requirements.  217 


 72.  With  respect  to  statewide  entities,  the  CHP  also  supports  allocation  of  additional  spectrum  in  the  700  MHz  band  given  its  interest  in  enhancing  its  video  downlink.  218  Delaware  asserts 
 208  See  id.  at  5. 
 209  Speights  Comments  at  4. 
 210  Spectrum  Coalition  Comments  at  6.  See  also  Spectrum  Coalition  White  Paper  at  4  (  It  is  then  recommended  that 
 30  megahertz  of  additional  spectrum,  comprising  the  C  and  D  blocks  in  the  upper  700  MHz  band,  be  permanently  reserved  and  allocated  for  share  use  of  local,  regional  and  federal  public  safety  use). 


 211  Spectrum  Coalition  Comments  at  15-  16. 
 212  See  Spectrum  Coalition  Comments  at  2-  3,  6. 
 213  NEMA  Comments  at  2. 
 214  FRC  Comments  at  2. 
 215  See  NPSTC-  APCO  Comments  at  4-  5. 
 216  See  id.  at  5-  8. 
 217  Letter  from  Vincent  R.  Stile,  NPSTC,  to  Michael  J.  Wilhelm,  FCC,  WT  Docket  No.  05-  157  at  1  (Nov.  18,  2005) 
 (NPSTC  November  Ex  Parte  Letter).  218 
 See  CHP  Comments  at  1. 
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 that  [  n]  ew  technologies  in  public  safety  will  demand  additional  spectrum  for  LMR  [Land  Mobile  Radio]  and  other  communications  applications,  219  and  adds  that  it  has  predicated  communications  planning 
 upon  the  availability  of  new  LMR  spectrum  in  both  the  700  and  800  MHz  bands.  220  In  addition,  the  Florida  DOT  asserts,  the  700  MHz  band  represents  [the]  best  opportunity  for  an  advanced,  statewide 
 system  of  communications  supporting  the  safety  of  the  motoring  public.  221  MDIT  submits  that  its  statewide  system  is  experiencing  significant  growth,  222  and  urges  the  Commission  to  consider  the  urgent 
 need  for  access  to  spectrum  in  the  700  MHz  band.  223  NYOT-  SWN  indicates  its  interest  in  deploying  wideband  data  requirements  through  50/  100/  150  kHz  channel  width  allocations  in  a  portion  of  the 
 additional  700  MHz  spectrum.  224  Penn.  Public  Safety  states  that  the  700  MHz  band  provides  a  means  by  which  the  public  safety  systems  use  can  be  expanded  to  local  governments  (i.  e.,  counties  and 
 townships),  and  is  particularly  suited  to  a  statewide  system  like  that  of  [Pennsylvania],  225  and  asserts  that  the  700  MHz  spectrum  will  ensure  a  truly  statewide  system.  226 


 73.  With  respect  to  local  entities,  Grundy  County  reports  that,  in  order  to  best  serve  emergency  response  providers,  broadband  applications  require  full  motion  driving  speed  capability,  and 
 mobility  that  would  allow  ubiquitous  coverage  over  a  wide  area,  and  recommends  allocation  of  an  additional  twenty  megahertz  of  spectrum  in  the  700  MHz  band  to  meet  these  requirements.  227  NY 
 Westchester  County  stresses  its  immediate  need  for  spectrum  in  the  700  MHz  band  and  that  the  county  and  similar  communities  .  .  .  cannot  wait  for  a  years-  long  regulatory  process.  228  Likewise,  Los  Angeles 
 County  (L.  A.  County)  contends  that  the  already  allotted  twenty-  four  megahertz  in  the  700  MHz  band  will  not  address  the  need  for  high  speed  data  broadband  mobile  communications,  because  that  allocation  is 
 for  narrowband  voice  and  wideband  (150  kHz  channel)  data.  229  In  its  filing,  L.  A.  Sheriff  describes  the  need  for  more  700  MHz  spectrum  for  a  new,  county-  wide  .  .  .  system  [that  can]  transmit  and  receive 
 high  speed  data  and  real  time  video  images.  230  The  Milwaukee  PD  requests  additional  spectrum  in  the  700  MHz  band  for  wideband  operation.  A  common  spectrum  for  voice,  data,  and  wideband  services 
 offers  the  potential  for  a  common  radio  platform.  231 
 74.  NYC  contends  that  the  implementation  of  urgently  needed  new  generation  anti-  crime  and  anti-  terrorism  initiatives  immediately  requires  an  allocation  of,  and  supplementary  means  for  public 


 219  Delaware  Comments  at  1. 
 220  Id.  at  2. 
 221  Florida  DOT  Comments  at  6. 
 222  See  MDIT  Comments  at  2  (reporting  that  [  f]  inding  additional  available  frequencies  within  the  NPSPAC  band 
 (821-  823/  866-  869  MHz)  is  becoming  a  significant  problem,  especially  in  the  Canadian  border  areas).  223 
 See  id.  224 
 NYOT-  SWN  Comments  at  5.  225 
 Penn.  Public  Safety  Comments  at  4.  226 
 Id.  (emphasis  in  original).  227 
 See  Grundy  County  Comments  at  1.  228 
 NY  Westchester  County  Comments  at  8.  229 
 L.  A.  County  Comments  at  3-  4;  see  also  Grundy  County  Comments  at  1.  230 
 L.  A.  Sheriff  Comments  at  6;  see  also  id.  at  3-  4  (explaining  the  advantages  of  the  2.  7  to  3.4  GHz  and  3.4  to  3.  7  GHz  bands  for  airborne  video  downlink). 


 231  Milwaukee  PD  Comments  at  1. 
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 safety  to  acquire  suitable  spectrum.  232  NYC  explains  its  current  consideration  of  a  citywide  mobile  wireless  network  that  would  potentially  rely  on  mesh  network-  based,  Wi-  Fi  and  Wi-  Max  solutions, 
 including  sharing  of  wireless  technologies.  233  In  supporting  the  allocation  of  additional  spectrum  in  the  700  MHz  band,  NYC  explains  that  the  city  is  moving  aggressively  .  .  .  to  test  and  procure  mobile 
 broadband  networks  that  will  provide  emergency  responders  in  the  field  with  access  to  [high-  speed  data  capabilities].  234 


 75.  Similarly,  Seattle  reports  a  need  for  wireless  networking  which  supports  propagation  through  buildings,  real  time  video,  large  file  transfers,  enhanced  mission-  specific  (police,  fire,  utility) 
 applications,  special  geographic  (map-  based)  presentations,  simplified  user  interfaces,  and  use  of  Voice  over  IP  (VoIP)  for  interoperability  and  redundancy.  235  Moreover,  Seattle  suggests  that  the  Commission 
 should  pursue  rule  modifications  for  reallocating  spectrum  in  the  commercial  700  MHz  band  for  use  by  emergency  response  providers.  236  Seattle  also  states  that  dedicated  spectrum  can  resolve  existing 
 problems  concerning  use  of  standards-  based  technology  (rather  than  proprietary  ones),  constant  development  of  new  wireless  technologies  and  the  need  for  multi-  jurisdictional  interoperability 
 agreements.  237 
 76.  Three  RPCs  also  report  a  need  for  allocations  of  additional  spectrum.  First,  the  Arizona  Regional  Review  Committee  (ARRC),  an  organization  responsible  for  public  safety  spectrum  planning  in 


 RPC  3,  stresses  that  [  t]  he  international  border  communities  have  the  same  spectrum  needs  for  voice,  and  data  communications  as  those  that  serve  any  large  population  centers  in  the  center  portion  of  the 
 U.  S.  A,  238  but  are  forced  to  work  with  about  [two  thirds]  of  the  800  MHz  spectrum  found  in  the  heartland  area  of  the  country.  239  ARRC  claims  that  [  t]  his  limited  amount  of  spectrum  has  already 
 proven  to  be  inadequate  and  impedes  the  implementation  of  interoperable  systems  that  are  planned.  240  In  addition,  RPC  8  supports  allocations  of  additional  spectrum  in  the  700  MHz  band  given  this  spectrums 
 ability  to  provide  the  coverage  necessary  to  support  wide-  area  mobile  data  applications.  241  RPC  12  states  that  its  members  spectrum  needs  will  only  increase  over  time  242  and  that  this  area  has  opted  for 
 700  MHz  as  a  result  of  it  being  clean  spectrum  that  [Region  12  entities]  could  use  immediately,  and  the  possibility  of  gaining  additional  spectrum  in  the  future.  243 


 77.  In  addition,  Seybold  emphasizes,  an  additional  spectrum  allocation  in  the  700  MHz  band 
 232  NYC  Comments  at  9. 
 233  See  id.  at  9-  11. 
 234  Id.  at  9.  NYC  describes  a  number  of  uses  for  these  broadband  networks,  including  the  ability  to  access  maps, 
 building  layouts,  federal  and  state  anti-  crime  databases,  full-  motion  video  to  and  from  emergency  scenes,  and  biological,  chemical,  nuclear  and  radiological  monitoring  and  control.  See  id. 


 235  Seattle  Comments  at  1;  see  also  FPIC  Comments  at  4-  5. 
 236  See  Seattle  Comments  at  2. 
 237  Id. 
 238  ARRC  Comments  at  1. 
 239  Id. 
 240  Id. 
 241  See  RPC  8  Comments  at  8. 
 242  RPC  12  Comments  at  2. 
 243  Id. 
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 is  absolutely  necessary  and  now  is  the  time  to  act.  244  Similarly,  Motorola  asserts  the  need  to  allocate  expeditiously  spectrum  dedicated  for  the  provision  of  broadband  services  capable  of  transmitting  data  at 
 high  rates,  including  real  time  video,  because  [  n]  o  spectrum  currently  available  fully  satisfies  [those]  requirements.  245  Rosum  Corporation  (Rosum),  a  company  that  markets  location  positioning  systems, 
 contends  that  use  of  700  MHz  band  spectrum  enables  a  more  accurate,  precisely  timed  positioning  network  that  would  support  emergency  services  and  homeland  security  operations.  246 


 78.  Finally,  as  referenced  above,  CI  and  other  entities  also  indicate  a  need  for  allocations  of  additional  public  safety  spectrum  in  the  700  MHz  band.  UTC  submits  that  CI  entities  need  a  spectrum 
 home  given  that  CI  industries  have  increased  federal  homeland  security  responsibilities  (and  a  corresponding  need  to  maintain  high  control  over  CI  systems),  as  well  as  new  state-  imposed 
 responsibilities  pertaining  to  power  and  telecommunications  outages.  247  In  addition,  UTC  contends  that  because  utility  and  public  safety  personnel  work  together  during  emergencies,  they  share  the  need  to 
 expand  the  wireless  infrastructure,  248  and  reports  that  [  a]  s  needs  increase,  better  communications  interoperability  among  the  larger  response  community,  including  both  voice  and  data  applications,  would 
 solve  many  problems.  249  Similarly,  NAM-  MRFAC  assert  that  the  Commission  should  recognize  the  need  for  allocations  of  additional  spectrum  in  the  700  MHz  band  for  those  manufacturers  and  industrial 
 entities  that  provide  first  responder  capability  under  mutual  aid  agreements.  250  Finally,  Motorola  asks  the  Commission  to  update  its  information  and  analysis  to  reflect  changed  circumstances  in  technology  and 
 spectrum  demand  in  the  700  MHz  band.  251 
 5.  Comments  Favoring  Additional  Allocations  of  Public  Safety  Spectrum  in  Bands  Other  Than  the  700  MHz  Band  In  Light  of  the  Short-  Term  and 


 Long-  Term  Needs  of  Federal,  State  and  Local  Emergency  Response  Providers 


 79.  Certain  commenters  urge  Congress  to  grant  additional  allocations  of  public  safety  spectrum  in  bands  other  than  the  700  MHz  band.  For  instance,  commenter  William  J.  Carter  (Carter) 
 contends  that  additional  allocations  of  spectrum  should  not  be  limited  to  the  700  MHz  or  the  4.9  GHz  bands,  but  should  include  the  VHF,  UHF  and  800  MHz  bands.  252  Similarly,  Enterprise  urges  the 
 Commission  to  support  all  solutions  and  to  identify  approaches  that  might  allow  [Enterprises]  members  access  to  additional  VHF  and  UHF  spectrum,  including  Federal  Government  spectrum,  for  the  express 
 purpose  of  providing  efficient  and  cost-  effective  service  to  emergency  responders  and  other  public  safety  entities.  253 


 80.  Commenters  also  indicate  short-  term  and  long-  term  needs  for  allocations  of  additional 
 244  Seybold  Comments  at  1. 
 245  See  Motorola  Comments  at  6. 
 246  Rosum  Comments  at  2. 
 247  See  UTC  Comments  at  10-  12. 
 248  Id.  at  9. 
 249  Id. 
 250  See  NAM-  MRFAC  Comments  at  3,  6. 
 251  See  Motorola  Comments  at  2-  4. 
 252  See  Carter  Comments  at  1. 
 253  Enterprise  Comments  at  8-  9. 
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 public  safety  spectrum  in  the  VHF  band,  as  well  as  the  900  MHz  and  4.9  GHz  bands.  For  instance,  the  State  of  Wisconsin  asserts  that  the  largest  shortfall  in  public  safety  spectrum  in  Wisconsin  is  in  the  VHF 
 High  Band.  254  Further,  the  International  Association  of  Fire  Chiefs,  Inc.  and  the  International  Municipal  Signal  Association  (IAFC-  IMSA)  express  a  need  for  additional  spectrum  in  the  VHF  frequency  band.  255 
 In  addition,  IAFC-  IMSA  urge  the  Commission  to  move  forward  with  whatever  sharing  may  be  available  in  the  138-  144  MHz  band,  256  and  assert  that  the  VHF  band  provides  the  most  effective  coverage  to  meet 
 dispersed  geographic  needs,  and  the  cost  effectiveness  so  crucial  to  the  Fire  Service,  especially  in  rural  areas  and  to  volunteer  fire  departments.  257  Citing  the  fact  that  it  has  achieved  statewide  interoperability 
 almost  exclusively  within  the    VHF  High  Band,  258  Missouri  SHP  states  that  this  band  is  in  need  of  structure  to  maximize  the  potential  of  this  already  allocated  band.  259  Similarly,  L.  A.  Sheriff  requests  that 
 the  Commission  allocate  at  least  [forty  megahertz],  primarily  in  the  3.4  GHz  to  3.7  GHz  band,  or,  in  the  alternative,  in  the  2.7  GHz  to  3.4  GHz  band,  to  public  safety  agencies  .  .  .  for  tactical  airborne  video.  260 
 L.  A.  Sheriff  asserts  that  this  allocation,  which  would  require  six  to  eight  megahertz  of  spectrum,  would  provide  sufficient  coverage  capability  for  major  emergency  events  and  satisfactory  interference 
 protection.  261  In  addition,  Milwaukee  PD  reports  a  need  for  short  range,  small  area  communications  capability,  adding  that  this  need  may  be  met  through  allocations  of  spectrum  in  the  4.9  GHz  band.  262 


 81.  NPSTC-  APCO  jointly  assert  the  need  for  public  safety  access  to  additional  spectrum  in  the  900  MHz  band.  263  Specifically,  NPSTC-  APCO  recommend  that  the  Commission  make  the  Business, 
 Industrial  and  Land  Transportation  (B/  ILT)  pools  in  the  896-  901/  935-  940  MHz  (900  MHz)  bands  available  to  public  safety  agencies  to  use  for  paging  systems.  264  According  to  NPSTC-  APCO,  public 
 safety  agencies  are  exploring  the  option  of  digital  one,  and  two  way  paging  to  support  dispatch  operations  because  digital  paging  systems  that  incorporate  computer-  based,  automated  dispatching 
 capabilities  increase  the  timeliness  and  accuracy  of  dispatch  functions.  265  Separately,  Milwaukee  PD  contends  that  public  safety  entities  require  short  range,  small  area  communications  capabilities  that  may 
 best  be  addressed  through  allocations  of  spectrum  in  the  4.9  GHz  band.  266 
 254  Wisconsin  Comments  at  1. 
 255  IAFC-  IMSA  Comments  at  3. 
 256  Id.  at  4. 
 257  Id.  at  3. 
 258  Missouri  SHP  Comments  at  2. 
 259  Id.  at  5. 
 260  L.  A.  Sheriff  Comments  at  1. 
 261  See  id.  at  3-  4. 
 262  Milwaukee  PD  Comments  at  1.  The  department  also  supports  an  expansion  of  the  700  MHz  allocation  for 
 broadband  wide-  area  services  and  requests  maintaining  without  modification  the  fifty  megahertz  located  in  the  4.9  GHz  band.  See  id. 


 263  See  NPSTC-  APCO  Comments  at  8. 
 264  See  id.  We  note  that  the  Commission  is  currently  seeking  comment  on  flexible  use  of  certain  portions  of  this 
 spectrum.  See  Amendment  of  Part  90  of  the  Commissions  Rules  to  Provide  for  Flexible  Use  of  the  896-  901  MHz  and  the  930-  945  MHz  Bands  Allotted  to  the  Business  and  Industrial  Land  Transportation  Pool,  Notice  of  Proposed 


 Rulemaking  and  Memorandum  Opinion  and  Order,  WT  Docket  05-  62,  20  FCC  Rcd  3814  (2005).  265 
 See  id.  266 
 Milwaukee  PD  Comments  at  1. 
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 82.  Finally,  American  Ambulance  seeks  allocations  of  additional  spectrum  to  satisfy  the  requirements  of  Emergency  Medical  Services  (EMS)  providers;  however,  the  association  does  not 
 indicate  a  band  preference.  American  Ambulance  explains  that,  [  d]  espite  the  spectrum  documented  by  the  [Commission],  across  the  nation  currently  only  two  frequencies  are  dedicated  to  EMS  (a  local  EMS 
 frequency  and  a  national  EMS  frequency).  267 
 6.  Comments  Favoring  Efficient  Use  of  Existing  Public  Safety  Spectrum  and  Opposing  An  Additional  Allocation  of  Public  Safety  Spectrum  in  the  700 


 MHz  Band 
 83.  A  number  of  commenters  assert  that  public  safety  entities  have  a  duty  to  use  spectrum  more  efficiently  rather  than  to  seek  allocations  of  additional  spectrum.  As  discussed  below,  these  entities 


 explain  that  emergency  response  providers  must  demonstrate  spectral  efficiency  prior  to  seeking  allocations  of  additional  spectrum  in  the  700  MHz  band. 


 84.  With  respect  to  wireless  entities,  CTIA  first  states  that  because  of  the  difficulties  of  gaining  access  to  newly  available  spectrum,  new  wireless  communications  capabilities  are  more  often 
 provided  through  increased  efficient  use  of  existing  spectrum  by  deploying  technological  enhancements,  rather  than  through  access  to  additional  spectrum.  268  CTIA  submits  that  cellular  and  PCS  providers 
 have  been  able  to  obtain  extensive  gains  in  urban  markets  through  use  of  small  pico  cells  that  more  rigorously  reuse  the  same  spectrum.  269  Moreover,  states  CTIA,  [  b]  y  creating  more  consolidated  (e.  g., 
 state  or  regional)  systems,  emergency  response  providers  could  receive  the  same  wireless  capabilities  while  utilizing  less  spectrum.  270  CTIA  contends  that  such  systems  also  offer  greatly  enhanced 
 interoperability.  271  Similarly,  T-  Mobile  recognizes  the  need  for  government  and  industry  to  make  optimal  use  of  spectrum  resources  in  order  to  promote  Homeland  Security,  272  and  urges  the  Commission 
 to  encourage  development  of  new  efficient  technologies.  273  In  addition,  in  their  paper,  Access  Spectrum  and  Pegasus  argue  that  adoption  of  their  proposals  would  protect  public  safety  from 
 interference,  enable  broadband  deployment  for  public  safety,  commercial,  and  mixed-  use  operations,  and  improve  the  spectrum  efficiency  of  the  Upper  700  MHz  band.  274 


 85.  MSV  recommends  that  the  Commission  move  toward  a  model  of  flexible  allocations  of  spectrum,  rather  than  applying  a  traditional  policy  of  designating  particular  spectrum  for  limited 
 purposes.  275  MSV  argues  that  Congress  focus  on  the  700  MHz  band  incorrectly  assumes  the  soundness 


 (continued.) 
 267  American  Ambulance  Comments  at  1. 
 268  CTIA  Comments  at  2. 
 269  Id.  A  pico  cell  is  a  wireless  base  station  with  extremely  low  output  power  designed  to  cover  an  extremely  small 
 area,  such  as  one  floor  of  an  office  building.  See  NEWTONS  TELECOM  DICTIONARY  636  (20  th  ed.  2004).  270 
 CTIA  Comments  at  3.  271 
 Id.  at  3-  4  (describing  statewide  networks  in  Pennsylvania,  Michigan  and  Colorado  as  efficiently  achieving  interoperability,  capacity  and  voice  quality). 


 272  T-  Mobile  Comments  at  2. 
 273  Id.  at  3. 
 274  Id.  at  3. 
 275  See  MSV  Comments  at  19-  21.  We  note  that  MSV  also  filed  two  white  papers  in  the  instant  docket.  See  Letter 
 from  Jennifer  A.  Manner,  Mobile  Satellite  Ventures  LP,  to  Marlene  H.  Dortch,  Secretary,  FCC,  WT  Docket  No.  05-157  (Nov.  10,  2005)  (appending  Toward  a  Next  Generation  Strategy:  Learning  from  Katrina  and  Taking  Advantage 


 of  New  Technologies);  Letter  from  Jennifer  A.  Manner,  Mobile  Satellite  Ventures  LP,  to  Marlene  H.  Dortch, 
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 (Continued  from  previous  page) 


 of  its  policy  to  provide  specialized  public  safety  spectrum,  and  that  the  digital  transition  will  be  completed  expeditiously.  276  MSV  urges  the  Commission  to  think  more  broadly  about  what  it  means  to  make  more 
 spectrum  available  for  public  safety  uses,  277  and  asks  the  Commission  to  increase  opportunities  for  technologically  innovative  and  economically  efficient  spectrum  use.  278 


 86.  Similarly,  manufacturers  and  vendors  generally  assert  that  public  safety  entities  must  use  spectrum  more  efficiently.  First,  smart  antenna  technology  vendor  ArrayComm  asserts  that  an  effort  to 
 improve  spectrum  efficiency  should  consider  that  spectrum  must  be  allocated  and  assigned  as  the  result  of  plans  developed  by  the  appropriate  public  safety  community.  279  In  addition,  Ericsson  suggests, 
 public  safety  use  of  existing  spectrum  should  be  investigated  in  more  depth  before  Congress  considers  allocating  additional  spectrum.  280  ITIC  contends  that  providing  the  public  safety  community  with  the 
 funds  it  needs  to  most  efficiently  utilize  its  currently  allocated  bandwidth    rather  than  additional  spectrum    would  be  the  most  effective  use  of  the  cleared  700  MHz  band.  281  M/  A-  COM  reports,  it 
 would  be  premature  for  the  Commission  to  allocate  additional  700  MHz  spectrum  at  this  time,  given  the  possibility  of  more  timely  access  to,  and  efficient  use  of,  existing  allocations  and  the  uncertain  need  for 
 nationwide  interoperable  broadband  networks.  282 
 87.  Likewise,  Ericsson  explains  that  technological  innovations  have  created  networks  today  that  are  76  times  more  efficient  than  those  used  just  ten  years  ago  .  .  .  .  [T]  he  use  of  .  .  .  advanced 


 technologies  will  decrease  the  amount  of  spectrum  needed  for  public  safety  communication,  even  as  the  function  of  public  safety  entities  expand.  283  Similarly,  Qualcomm  states  that  Congress  and  the 
 [Commission]  should  not  reallocate  any  additional  700  MHz  spectrum  for  public  safety  over  and  above  284  the  twenty-  four  megahertz  allocated.  Qualcomm  explains  that  the  RPCs  have  already  undertaken  an 
 exhaustive  planning  process  for  use  of  this  spectrum  and  have  submitted  plans  to  the  Commission  that  have  been  available  for  public  comment.  285  Given  that  public  safety  entities  are  not  yet  able  to  use  the 
 twenty-  four  megahertz  in  the  700  MHz  band  nationwide  due  to  the  ongoing  digital  television  transition,  Qualcomm  argues  that  [  t]  here  is  .  .  .  no  basis  for  the  Commission  or  Congress  to  conclude  .  .  .  that  public 
 safety  needs  additional  spectrum  at  all,  much  less  in  the  700  MHz  band.  286 
 88.  Broadcaster  Maranatha  contends  that  the  Commission  should  recommend  policies  reflecting  a  realistic  balance  between  the  needs  of  emergency  response  agencies    which  cannot  be  met, 


 in  the  short  term  in  the  Upper  700  MHz  band    and  the  vital  service  currently  provided  by  television 


 Secretary,  FCC,  WT  Docket  No.  05-  157  (June  22,  2005)  (appending  Taking  a  Fresh  Look  at  Public  Safetys  Spectrum  Needs:  Toward  a  Next-  Generation  Strategy  for  Public  Safety  Communications). 
 276  See  MSV  Comments  at  19. 
 277  Id. 
 278  Id.  at  21. 
 279  ArrayComm  Comments  at  7. 
 280  Ericsson  Comments  at  11. 
 281  See  ITIC  Comments  at  14. 
 282  M/  A-  COM  Comments  at  9. 
 283  Id.  at  8-  9. 
 284  Qualcomm  Comments  at  2. 
 285  See  id. 
 286  Id. 
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 stations.  287  Maranatha  asserts  that  local  and  state  public  safety  agencies  are  subject  to  long-  term  planning  horizons  .  .  .  for  study,  design,  funding  and  construction,  and  testing,  and  that  construction  of 
 new  public  safety  networks  in  the  Upper  700  MHz  band  in  any  short-  term  time  frame  is  a  physical  impossibility.  288  Similarly,  Univision  argues  that  Congress  must  address  inadequate  funding  and  the 
 lack  of  coordination  among  emergency  response  providers  as  more  immediate  obstacles  than  additional  spectrum  availability.  289  Univision  argues  that,  merely  allocating  additional  spectrum  without 
 addressing  these  threshold  problems  fails  to  advance  the  goal  of  interoperability,  while  threatening  current  broadcast  service  to  the  public    a  result  that  is,  at  best,  inefficient  use  of  that  spectrum,  and  at  worst, 
 detrimental  to  public  safety.  290 
 89.  The  PFF  asserts  that  [  g]  iven  the  large  amount  of  spectrum  already  allocated  to  public  safety  agencies  and  its  high  opportunity  cost,  an  extra  dollar  spent  on  other  inputs,  including  new 


 equipment  and  additional  public  safety  personnel,  is  likely  to  yield  far  more  in  terms  of  improving  the  emergency  response  effort  than  an  extra  dollars  worth  of  spectrum.  291  Moreover,  PFF  contends  that 
 [  e]  mergency  response  providers  have  neither  the  ability  nor  the  incentive  to  use  their  spectrum  efficiently.  292  PFF  argues  that  [  g]  iving  public  safety  licensees  expanded  property  rights  in  the  licenses 
 they  already  hold  would  permit  flexible  use  and  resale,  and  would  be  far  more  valuable  than  granting  more  spectrum.  293 


 90.  Finally,  Professor  Jon  M.  Peha  (Peha),  Associate  Director,  Center  for  Wireless  and  Broadband  Networks,  Carnegie  Mellon  University,  submits  that  the  Commission  should  allow  public 
 agencies  to  share  spectrum  with  other  kinds  of  wireless  systems,  including  those  used  to  offer  commercial  services.  294  Peha  further  asserts  that  although  public  safety  must  have  adequate  spectrum  during 
 emergencies,  these  entities  have  modest  needs  generally.  295  Thus,  Peha  argues,  [  a]  n  appropriate  sharing  mechanism,  that  gives  priority  to  public  safety  when  needed,  could  be  beneficial  to  all.  296 


 7.  Findings 
 91.  Prior  to  undertaking  the  instant  study,  the  Commission  has  endeavored  to  provide  adequate  spectrum  to  meet  public  safetys  spectrum  needs  and  has  taken  a  number  of  recent  actions  in 


 connection  with  this  goal.  In  2003,  the  Commission  took  action  to  bring  about  timely  implementation  of  narrowband  technologies  in  Private  Land  Mobile  Radio  (PLMR)  frequencies  dedicated  to  public  safety  in 
 the  150-  174  MHz  and  421-  512  MHz  bands  by  adopting  a  transition  schedule,  297  which  it  modified 


 287  Maranatha  Comments  at  4. 
 288  Id.  at  3. 
 289  See  Univision  Comments  at  6. 
 290  Id. 
 291  PFF  Comments  at  3. 
 292  Id.  at  4. 
 293  Id. 
 294  Peha  Comments  at  3. 
 295  See  id. 
 296  Id. 
 297  See  Implementation  of  Sections  309(  j)  and  337  of  the  Communications  Act  of  1934  as  Amended,  Second  Report 
 and  Order  and  Further  Notice  of  Proposed  Rulemaking,  WT  Docket  No.  99-  87,  18  FCC  Rcd  3034  (2003). 
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 slightly  in  2004  at  the  request  of  public  safety  and  other  entities.  298  Earlier  this  year,  the  Commission  specified  procedures  by  which  forty  PLMR  channels,  located  in  frequency  bands  allocated  primarily  for 
 federal  government  use,  are  to  transition  to  narrower,  more  spectrally  efficient  channels.  299  Specifically,  given  the  NTIA  deadlines  by  which  Federal  operations  in  the  150.05-  150.8  MHz,  the  162.0125-  173.2 
 MHz  and  173.  4-  174  MHz  (162-  174  MHz),  300  and  the  406.1-  420  MHz  bands  (collectively,  the  Federal  bands)  must  transition  to  12.  5  kHz  (narrowband)  channels,  301  the  Commission  developed  a  transition  plan 
 to  accommodate  the  shared  Federal  and  non-  Federal  Government  (non-  Federal)  use  of  these  bands,  and  proposed  specific  narrowbanding  procedures  for  these  bands.  Among  other  things,  this  action  will 
 promote  efficient  spectrum  use  and  help  accommodate  any  additional  demand  for  spectrum. 
 92.  In  2004,  the  Commission  acted  to  reconfigure  the  800  MHz  band  and  created  access  to  an  average  of  4.5  megahertz  of  additional  spectrum  in  that  band  for  use  by  public  safety  licensees.  302  In 


 taking  this  action,  the  Commission  first  defined  unacceptable  interference  in  the  800  MHz  band  and  implemented  procedures  detailing  responsibility  for  abating  this  interference,  and,  for  the  long-  term,  the 
 Commission  reconfigured  the  800  MHz  band  to  address  the  cause  of  the  interference  by  separating  generally  incompatible  technologies.  The  cost  of  rebanding  is  being  borne  by  Sprint  Nextel,  a 
 commercial  operator  in  the  band,  rather  than  by  the  licensees  of  the  stations  that  must  be  relocated  (changed  in  operating  frequency)  to  implement  band  reconfiguration.  In  addition  to  the  cost  of  retuning 
 or,  in  some  instances,  replacing,  equipment,  Sprint  Nextel  pays  the  relocating  licensees'  for  reasonable  associated  administrative  and  transactional  expenses.  Actions  to  improve  public  safety  access  to 
 spectrum  in  the  800  MHz  band  are  described  and  depicted  in  Appendix  E. 
 93.  In  addition,  the  Commission  acted  to  promote  interoperability  among  emergency  response  providers  in  the  New  York  City  area  by  permanently  reallocating  a  portion  of  television 


 spectrum  for  their  use.  303  The  Commission  recognized  the  critical  need  to  avoid  jeopardizing  the  reliability  of  the  areas  telecommunications  system  in  times  of  crisis  304  and  reserved  television  Channel 


 298  See  Implementation  of  Sections  309(  j)  and  337  of  the  Communications  Act  of  1934  as  Amended,  Third 
 Memorandum  Opinion  and  Order,  Third  Further  Notice  of  Proposed  Rulemaking  and  Order,  WT  Docket  No.  99-  87,  19  FCC  Rcd  25045  (2004). 


 299  See  Amendment  of  Parts  2  and  90  of  the  Commissions  Rules  to  Provide  for  Narrowband  Private  Land  Mobile 
 Radio  Channels  in  the  150.05-  150.  8  MHz,  162-  174  MHz,  and  406.  1-  420  MHz  Bands  that  are  Allocated  for  Federal  Government  Use,  Report  and  Order,  20  FCC  Rcd  5793  (2005)  (Narrowbanding  Report  and  Order). 


 300  We  use  the  term  162-  174  MHz  band  for  convenience  and  do  not  intend  to  suggest  that  we  are  modifying  herein 
 the  Commissions  narrowbanding  procedures  for  the  173.  2-  173.4  MHz  band,  which  is  allocated  for  exclusive  non-  Federal  use. 


 301  The  Commission,  an  independent  agency,  administers  spectrum  allocated  for  non-  Federal  use  and  the  NTIA,  an 
 operating  unit  of  the  Department  of  Commerce,  administers  spectrum  allocated  for  Federal  use.  See  47  C.  F.  R.    2.105(  a).  NTIA  approves  the  spectrum  needs  of  new  systems  for  use  by  Federal  departments  and  agencies  and 


 maintains  the  Federal  Government  Table  of  Frequency  Allocations  (Federal  Government  Table)  in  its  Manual  of  Regulations  &  Procedures  for  Federal  Radio  Frequency  Management,  May  2003  Edition  including  the  September 
 2004  Revision.  Specifically,  Federal  operations  in  the  162-  174  MHz  band  have  been  required  to  be  narrowbanded  since  January  1,  2005  and  Federal  operations  in  the  150.05-  150.  8  MHz  and  406.1-  420  MHz  bands  must  be 
 narrowbanded  by  January  1,  2008.  302 
 See  Improving  Public  Safety  Communications  in  the  800  MHz  Band,  Report  and  Order,  Fifth  Report  and  Order,  Fourth  Memorandum  Opinion  and  Order,  WT  Docket  No.  02-  55,  19  FCC  Rcd  19651  (2004). 


 303  See  Amendment  of  Parts  2,  73,  74  and  90  of  the  Commissions  Rules  to  Permit  New  York  City  Metropolitan 
 Area  Public  Safety  Agencies  to  Use  Frequencies  at  482-  488  MHz,  Report  and  Order,  ET  Docket  Nos.  03-  158  and  03-  159,  19  FCC  Rcd  6719  (2004). 


 304  See  id.  at  6721    6. 
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 16  to  facilitate  effective  public  safety  communications  while  allowing  the  affected  agencies  to  devise  long-  term  plans.  305  Indeed,  in  its  comments  in  the  instant  proceeding,  NYC  explains  that  the 
 Commissions  action  has  had  significant  benefits  [and]  provides  interoperable  communications  at  the  onset  of  an  incident.  306  Pursuant  to  the  authority  granted  by  Section  337  of  the  Communications  Act,  the 
 Bureau  also  granted  requests  from  nine  public  safety  entities  in  the  area  to  use  unassigned  spectrum  not  otherwise  allocated  for  public  safety  use.  307 


 94.  In  2003,  the  Bureau  permitted  the  shared  use  of  VHF  federal  and  non-  federal  spectrum  by  the  state  of  Alaska  and  the  federal  government.  308  This  action  allowed  the  construction  of  the  first 
 system  specifically  dedicated  for  shared  public  safety  operations  by  federal,  state,  and  local  public  safety  entities  statewide.  309  The  Bureau  concluded  that  this  Alaska  Land  Mobile  Radio  (ALMR)  system  would 
 facilitate  attaining  spectrum  efficiency  and  interoperability.  310 
 95.  The  4.9  GHz  band  was  transferred  from  Federal  Government  to  non-  Government  use  in  1999,  in  accordance  with  the  provisions  of  the  Omnibus  Budget  Reconciliation  Act.  In  2000,  the 


 Commission  issued  an  NPRM  that  did  not  contemplate  public  safety  use  of  the  band.  However,  subsequently,  numerous  state,  county,  local  government  and  national  public  safety  associations 
 persuasively  argued  that  a  public  safety  designation  would  enable  responders  to  carry  out  critical  and  urgent  missions  more  effectively,  and  would  provide  a  safer  environment  for  emergency  responders. 
 Accordingly,  in  2002,  the  Commission  allocated  the  entirety  of  the  transferred  fifty  megahertz  in  the  4.9  GHz  band  for  use  in  support  of  public  safety.  311 


 96.  Regarding  the  use  of  commercial  spectrum  for  public  safety  purposes,  the  Commission  has  worked  with  the  NCS  and  participating  telecommunications  providers  to  establish  a  regulatory 
 framework  that  would  facilitate  Wireless  Priority  Access  Service  (PAS)  being  accessible  and  available  during  times  of  national  emergencies.  Under  the  PAS  rules,  wireless  carriers  that  have  elected  to  provide 
 wireless  PAS  allow  authorized  national  security  and  emergency  preparedness  personnel  to  obtain  access  to  the  next  available  wireless  channel  to  originate  a  call. 


 97.  These  initiatives  evince  the  Commissions  longstanding  commitment  to  working  with  public  safety  to  meet  its  immediate  and  short-  term  spectrum  needs.  The  Commission  will  continue  to 
 address  public  safetys  short-  term  spectrum  needs  through  the  Section  337  process  and  other  proceedings,  as  necessary.  The  twenty-  four  megahertz  of  spectrum  in  the  700  MHz  band  should  also  help  satisfy  the 
 need  for  additional  public  safety  spectrum  in  the  short  term.  The  Commission  has  been  supportive  of  accelerating  completion  of  the  DTV  transition  to  the  greatest  extent  possible,  including,  e.  g.,  the 


 305  See  id.  at  6728    21. 
 306  NYC  Comments  at  6.  Cf.  Penn.  Public  Safety  Comments  at  6  (noting  that  the  allocation  of  Channel  16  for  use  by 
 the  City  of  New  York  only  benefits  a  very  limited  geographic  area).  307 
 See,  e.  g.,  Seven  Public  Safety  Agencies  in  the  New  York  Metropolitan  Area,  Proposal  to  Use  Part  22  Paging  Frequencies  Pursuant  to  Section  337(  c)  of  the  Communications  Act  of  1934,  as  Amended,  and  Section  1.  925  of  the 


 Commissions  Rules  to  Operate  Public  Safety  Communications  Systems,  Order,  19  FCC  Rcd  15355  (WTB  PSCID  2004). 


 308  See  State  of  Alaska,  Request  for  Waiver  of  Sections  2.102(  c),  2.103(  a),  90.  20,  and  90.  173(  c)  of  the 
 Commissions  Rules,  Memorandum  Opinion  and  Order,  18  FCC  Rcd  16315,  16315    1  (WTB  2003).  309 
 See  id.  310 
 See  id.  at  16331    27.  311 
 See  The  4.  9  GHz  Band  Transferred  from  Federal  Government  Use,  Second  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  WT  Docket  No.  00-  32,  17  FCC  Rcd  3955,  3956    1  (2002). 
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 39 
 requirement  that  most  new  television  sets  must  have  DTV  reception  capability.  312  We  will  continue  to  facilitate  the  ability  of  public  safety  to  productively  plan  for  the  use  of  this  spectrum  by  continuing  to 
 work  with  public  safety  and  broadcasters  to  clear  700  MHz  spectrum  in  as  many  geographic  areas  as  possible  during  the  transition  period.  Emergency  response  providers  also  should  closely  coordinate  with 
 broadcasters  to  clear  700  MHz  spectrum  in  their  respective  regions.  This  would  enable  public  safety  entities  to  access  the  spectrum  as  quickly  as  possible,  without  degrading  or  disrupting  broadcast  service. 
 Although  the  DTV  transition  is  an  important  component  to  satisfying  the  short-  term  spectrum  needs  of  emergency  response  providers,  completion  of  the  800  MHz  band  reconfiguration  process  should  also 
 yield  significant  benefits  to  first  responders  in  the  short-  term. 
 98.  While  the  effort  to  address  the  short-  term  spectrum  needs  of  public  safety  is  underway,  attaining  a  wholesale  assessment  of  long-  term  spectrum  needs  is  an  ongoing  task.  Public  safety 


 commenters  generally  agree  that  emergency  response  providers  need  access  to  additional  spectrum,  but  there  is  a  lack  of  unanimity  within  the  public  safety  community  regarding  how  much  spectrum  will  be 
 needed.  We  expect  that  public  safetys  long-  term  needs  will  become  clearer  as  existing  public  safety  spectrum  allocations  in  the  700  MHz,  800  MHz,  and  4.  9  GHz  bands  are  fully  deployed  and  initiatives  to 
 make  more  efficient  use  of  existing  spectrum  are  completed.  This  important  question  nevertheless  deserves  continued  study  and  consideration.  We  will  also  continue  to  monitor  projects  undertaken  or 
 proposed  by  public  safety  entities  and  commercial  service  providers  to  enhance  the  capabilities  of  emergency  response  providers  and  to  increase  efficient  use  of  spectrum  within  the  public  safety  bands.  313 


 99.  As  noted  above,  the  Commission  believes  that  mobile  broadband  communications  could  offer  public  safety  many  important  capabilities,  including  delivery  of  real-  time  video,  images,  automated 
 dispatch,  multi-  media  alerts  and  real-  time  monitoring.  Accordingly,  accommodating  public  safetys  need  for  mobile,  broadband  communications  may  be  critical  in  the  long-  term.  Certain  public  safety  entities 
 have  identified  the  700  MHz  band  as  a  potential  home  for  broadband  operations  and  have  urged  Congress  to  consider  an  additional  allocation  of  spectrum  for  this  purpose.  The  Commission  agrees  that  public 
 safety  could  make  use  of  such  an  allocation  in  the  long-  term  to  provide  broadband  services.  We  also  believe  that  spectrum  is  only  one  factor  in  ensuring  that  emergency  response  providers  have  access  to 
 mobile  broadband  applications.  Public  safety  entities  must  also  have  access  to  adequate  funding  to  upgrade  or  replace  existing  infrastructure  and  for  associated  training.  Without  adequate  funding  for  such 
 purposes,  any  additional  public  safety  spectrum  allocations  may  lay  fallow,  and  existing  allocations  may  be  used  inefficiently. 


 100.  The  public  safety  community  has  also  recently  asked  the  Commission  to  initiate  a  rulemaking  to  examine  whether  the  wideband  channels  currently  allocated  for  public  safety  use  in  the  700 
 MHz  band  could  accommodate  the  use  of  broadband  technologies.  At  the  urging  of  public  safety  and  in  recognition  of  the  need  for  spectrum  appropriate  for  broadband  communications,  the  Commission  will 
 expeditiously  examine  whether  certain  channels  within  the  current  allocation  of  twenty-  four  megahertz  of  public  safety  spectrum  in  the  700  MHz  band  could  be  modified  to  accommodate  broadband 
 communications. 
 IV.  CONCLUSION 
 101.  In  response  to  Congress  inquiry  pertaining  to  the  study  of  spectrum  needs  of  emergency  response  providers,  this  report  reaches  the  following  principal  conclusions,  as  discussed  above.  First,  as 


 to  the  operation  and  administration  of  a  potential  nationwide  interoperable  broadband  mobile 
 312  See  Review  of  the  Commissions  Rules  and  Policies  Affecting  the  Conversion  to  Digital  Television,  Second 
 Report  and  Order  and  Second  Memorandum  Opinion  and  Order,  MM  Docket  00-  39,  17  FCC  Rcd  15978  (2002).  313 
 A  discussion  of  projects  to  enhance  capabilities  of  emergency  response  providers  noted  by  commenters  is  set  forth  in  Appendix  D. 
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 40 
 communications  network  based  upon  input  from  federal,  state,  local  and  regional  emergency  response  providers,  emergency  response  providers  would  benefit  from  the  development  of  an  integrated, 
 interoperable  nationwide  network  capable  of  delivering  broadband  services  throughout  the  country.  Second,  as  to  the  use  of  commercial  wireless  technologies,  while  commercial  wireless  technologies  and 
 services  are  not  appropriate  for  every  type  of  public  safety  communication,  there  may  now  be  a  place  for  commercial  providers  to  assist  public  safety  in  securing  and  protecting  the  homeland.  Finally,  with 
 respect  to  the  short-  term  and  long-  term  needs  for  allocations  of  additional  portions  of  spectrum  for  federal,  state  and  local  emergency  response  providers,  the  Commission  has  undertaken  a  series  of 
 initiatives  to  free  up  additional  public  safety  spectrum  in  the  short  term,  and  continues  to  evaluate  public  safetys  spectrum  needs  in  the  long-  term.  To  this  end,  and  at  the  urging  of  public  safety,  the  Commission 
 will  expeditiously  examine  and  analyze  whether  certain  channels  within  the  current  allocation  of  twenty-four  megahertz  of  public  safety  spectrum  in  the  700  MHz  band  could  be  modified  to  accommodate 
 broadband  communications. 
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 Appendix  A  Parties  Filing  Comments 
 In  Alphabetical  Order  By  Stakeholder  Group 
 Public  Safety/  Critical  Infrastructure  (28) 
 Name  of  Party  Abbreviation 


 American  Ambulance  Association  American  Ambulance 
 Arizona  Regional  Review  Committee  ARRC 
 California  Highway  Patrol  CHP 
 Captain  Sonja  L.  Owens  Owens 
 City  of  New  York  NYC 
 City  of  Seattle  Seattle 
 Commonwealth  of  Pennsylvania,  Office  of  Public-Safety  Radio  Services  Penn.  Public  Safety 


 County  of  Los  Angeles,  Internal  Services  Department,  and  Sheriffs  Department  L.  A.  County 
 Los  Angeles  County  Sheriffs  Department  L.  A.  Sheriff 
 FCC  Region  8  700  and  800  MHz  Regional  Planning  Committees  RPC  8 


 FCC  Region  12  700  MHz  Regional  Planning  Committee  RPC  12 
 Federal  Partnership  for  Interoperable  Communications  FPIC 
 First  Response  Coalition  FRC 
 Florida  Department  of  Transportation  FDOT 
 Grundy  County  Emergency  Telephone  System  Board  (Morris,  Illinois)  Grundy  County 
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 2 
 International  Association  of  Fire  Chiefs,  Inc.  and  the  International  Municipal  Signal  Association  IAFC-  IMSA 
 Michigan  Department  of  Information  Technology  MDIT 
 Milwaukee  Police  Department  Milwaukee  PD 
 Missouri  State  Highway  Patrol  Missouri  SHP 
 National  Public  Safety  Telecommunications  Council  (NPSTC),  Association  of  Public-  Safety 


 Communications  Officials-  International,  Inc.  (APCO),  International  Association  of  Chiefs  of 
 Police,  Major  Chiefs  Association,  National  Sheriffs  Association  and  Major  County  Sheriffs 
 Association 


 NPSTC-  APCO 


 National  Emergency  Management  Association  NEMA 
 National  League  of  Cities  NLC 
 New  York  State  Office  of  Technology  -  Statewide  Wireless  Network  NYOT-  SWN 


 Spectrum  Coalition  for  Public  Safety  Spectrum  Coalition 
 State  of  Delaware  Delaware 
 State  of  Wisconsin  Wisconsin 
 United  Telecom  Council  UTC 
 Westchester  County,  New  York  NY  Westchester  County 


 Wireless  Carriers  and  Associations  (4) 
 Bizcom  USA,  Inc.  d/  b/  a  CX2Technologies  CX2 
 CTIA    The  Wireless  Association  CTIA 
 Enterprise  Wireless  Alliance  Enterprise 
 T-  Mobile  USA,  Inc.  T-  Mobile 


 Satellite  Providers  and  Associations  (4) 
 Iridium  Satellite,  LLC  Iridium 
 Mobile  Satellite  Ventures  Subsidiary  LLC  MSV 
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 3 
 Satellite  Industry  Association  SIA 
 TerreStar  Networks,  Inc.  TerreStar 


 Broadcasters  (2) 
 Maranatha  Broadcasting  Company  Maranatha 
 Univision  Communications,  Inc.  Univision 


 Manufacturers/  Vendors/  Consultants  (16) 
 ArrayComm,  Inc.  ArrayComm 
 Cisco  Systems,  Inc.  Cisco 
 Ericsson,  Inc.  Ericsson 
 Information  Technology  Industry  Council  ITIC 
 Interoperable  Wireless  Interoperable  Wireless 
 IPWireless,  Inc.  IPWireless 
 Lucent  Technologies,  Inc.  Lucent 
 M/  A-  COM  Corporation  M/  A-  COM 
 Motorola,  Inc.  Motorola 
 National  Association  of  Manufacturers  and  MRFAC,  Inc.  NAM-  MRFAC 


 Northrop  Grumman  Information  Technology,  TASC,  Inc.  Northrop  Grumman  IT 
 PacketHop,  Inc.  PacketHop 
 Qualcomm,  Incorporated  Qualcomm 
 Rosum  Corporation  Rosum 
 Speights  Telecom,  Inc.  Speights 
 Telecommunications  Industry  Association  TIA 


 Other  Commenters  (6) 
 Andrew  Seybold  Seybold 
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 4 
 Andy  Middlebrooks  Middlebrooks 
 Jon  M.  Peha  Peha 
 Management  Communications  Services  MCS 
 The  Progress  and  Freedom  Foundation  PFF 
 William  J.  Carter  Carter 
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 Appendix  B 
 Use  of  Commercial  Wireless  Technologies  and  Services 
 I.  Introduction 
 Interoperability  may  have  different  meanings  depending  on  the  context.  The  public  safety  community  generally  understands  the  term  to  mean  the  ability  for  public  safety  agencies  and  public 
 services  to  talk  to  one  another  via  radio  communications  systems  and/  or  share  information  with  one  another  accurately,  on  demand,  in  real  time,  when  needed,  and  when  authorized.  1  The  Commission  has 
 defined  interoperability  as  [  a]  n  essential  communications  link  within  public  safety  and  public  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.  2  The  Commission  has  previously  considered  the  role  of  commercial  wireless  technologies  and 
 services  3  in  satisfying  the  interoperability  needs  of  public  safety  agencies.  4  Public  safety  agencies  have  historically  been  hesitant  to  replace  private,  dedicated  systems  5  with  systems  that  wholly  or  partially 
 incorporate  commercial  technologies  and  services,  particularly  for  mission  critical  communications,  given  the  concern  that  commercial  wireless  systems  typically  did  not  meet  public  safetys  unique 
 communication  needs  or  reliability  requirements.  6 
 The  continuing  evolution  of  wireless  technologies  may  address  or  mitigate  at  least  some  of  these  concerns.  While  commercial  wireless  technologies  may  not  be  appropriate  for  every  type  of  public  safety 
 communication,  public  safety  agencies  may  find  it  useful  to  employ  commercial  wireless  technologies  for  certain  limited  purposes  to  fulfill  their  role  in  protecting  and  securing  the  homeland.  Public  safety  entities 
 may  also  benefit  from  partnering  with  commercial  wireless  providers  to  leverage  technological  advances  and  enter  into  mutually  beneficial  network  agreements,  especially  with  respect  to  non-  mission  critical 


 1  Research  Brief,  We  Need  to  Talk:  Governance  Models  to  Advance  Communications  Interoperability,  NASCIO  at 
 1  (Nov.  2005)  (NASCIO  Research  Brief)  (https://  www.  nascio.  org/  nascioCommittees/  interoperability/  index.  cfm#  publications). 


 2  See  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,  WT  Docket  No.  96-  86,  14  FCC  Rcd  152    76  (1998). 


 3  Commercial  wireless  services  cover  a  variety  of  mobile  and  fixed  communication  options  provided  to  the  general 
 public  (i.  e.,  a  wireless  communications  service  generally  offered  to  the  general  public  for  a  subscriber  fee).  Some  of  the  more  familiar  commercial  services  include  cellular  telephone,  paging,  satellite,  Personal  Communications 


 Systems  (PCS)  and  enhanced  specialized  mobile  radio  (ESMR)  systems.  4 
 See,  e.  g.,  Development  of  Operational,  Technical,  and  Spectrum  Requirements  for  Meeting  Federal,  State,  and  Local  Public  Safety  Agency  Communication  Requirements  Through  the  Year  2010,  Notice  of  Proposed 


 Rulemaking,  WT  Docket  No.  96-  86,  11  FCC  Rcd  12460,  12484-  12492    72-  90  (1996);  Development  of  Operational,  Technical,  and  Spectrum  Requirements  for  Meeting  Federal,  State,  and  Local  Public  Safety  Agency 
 Communication  Requirements  Through  the  Year  2010,  Second  Notice  of  Proposed  Rulemaking,  WT  Docket  No.  96-  86,  12  FCC  Rcd  17706  (1997);  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,  WT  Docket  No.  96-  86,  14  FCC  Rcd  152  (1998). 


 5  These  private  internal  radio  systems  are  generally  owned  and  operated  by  individual  public  safety  agencies  and  are 
 designed  specifically  to  meet  the  needs  of  public  safety  personnel  (i.  e.,  the  systems  are  designed  to  cover  the  areas  needed  and  in  the  necessary  protocol  for  the  public  safety  mission),  while  commercial  wireless  systems  are  designed 


 to  serve  the  general  public  or  to  accomplish  personal  or  business  communications.  6 
 See,  e.  g.,  RPC  8  Comments  at  9;  NPSTC-  APCO  Comments  at  9-  11;  RPC  12  Comments  at  3;  NEMA  Comments  at  2;  Grundy  County  Comments  at  1;  Milwaukee  PD  Comments  at  1. 
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 2 
 duties. 
 While  many  public  safety  agencies  may  lack  funding  needed  to  access  commercial  wireless  technologies,  7  there  is  a  developing  trend  towards  federal,  state  and  local  partnerships  that  provide  public 
 safety  users  affordable  access  to  commercial  wireless  technologies.  8  Commercially  proven,  high-  speed  mobile  data  capabilities  can  enhance  public  safety  capabilities  in  both  a  timely  and  cost-  effective 
 manner.  9  As  to  timeliness,  public  safety  would  benefit  because  technologies  are  already  widely  available  in  the  commercial  marketplace.  Given  this  wide  availability,  public  safety  entities  would  also  benefit 
 from  the  associated  economies  of  scale  for  purchasing,  replacing  and  maintaining  equipment  and  facilities.  10  Further,  given  that  certain  of  these  technologies  employ  non-  proprietary  standards,  public 
 safety  entities  would  be  in  a  better  position  to  take  advantage  of  technological  upgrades  more  quickly. 
 Moreover,  technological  solutions  are  emerging  that  show  significant  promise  for  addressing  interoperability.  There  are  commercial  wireless  technologies  currently  or  soon  to  be  available  to  provide 
 options  for  public  safety  entities  at  every  level  of  the  Department  of  Homeland  Security  (DHS)  interoperability  continuum.  11  Interoperability  is  a  multi-  faceted  concept  that  occurs  across  this 
 continuum.  The  minimal  end  of  the  continuum  reflects  easily  deployed  solutions,  such  as  exchanging  radios  and  sharing  mutual  aid  channels  at  the  scene  of  an  emergency.  At  the  optimal  end  of  the 
 continuum,  however,  public  safety  would  share  a  nationwide,  uniform,  standards-  based  system  complete  with  interoperable  radio  handsets.  Gateways,  Wi-  Fi  and  Wi-  Max,  12  wireless  mesh,  and  other  bridging 
 technologies,  which  offer  more  limited  steps  toward  achieving  interoperability  when  a  shared  interoperability  system  is  not  available,  represent  a  middle  ground.  Commercial  wireless  technologies 
 and  services  that  facilitate  interoperability,  as  well  as  mobile  infrastructures,  which  support  and  enhance 


 7  A  number  of  commenters  emphasize  the  significant  cost  that  public  safety  agencies  would  incur  to  upgrade 
 existing  communications  equipment  and  systems  to  achieve  interoperability.  For  example,  NYOT-  SWN  directly  equates  the  degree  to  which  a  wide  area  interoperable  land  mobile  communications  network  could  be  implemented 


 .  .  .  to  the  funding  available.  NYOT-  SWN  Comments  at  5.  NY  Westchester  County  notes  that  the  absence  of  adequate  financial  resources  is  .  .  .  a  threat  to  [interoperability]  progress.  NY  Westchester  County  Comments  at  9. 
 The  FRC  similarly  emphasizes  the  enormous  financial  shortfall  emergency  response  providers  will  face  over  the  next  few  years  as  they  as  they  strive  to  achieve  interoperability.  FRC  Comments  at  6-  7. 


 8  See  e.  g.,  Jim  Barthold,  Lucent,  Aloha  Explore  700  MHz  Muni  Space,  P&  F  BROADBAND  DAILY,  Oct.  25,  2005 
 (describing  a  deal  between  Lucent  and  Aloha  Partners  to  undertake  a  public  safety  trial  using  700  MHz  wireless  technology  in  Arizona  as  a  demonstration  of  public-  private  cooperation). 


 9  See  Lucent  Nov.  10,  2005  Ex  Parte  at  5. 
 10  Thomas  Coty  of  DHS  recently  remarked,  it  is  essential  that  funding  be  lined  up  to  facilitate  legacy  system 
 migration  and/  or  interoperability  development  over  time.  Jeffrey  Elliot,  State  of  Public  Safety,  PUBLIC  SAFETY  REPORT,  Oct.  2005  at  77  (Oct.  2005  Public  Safety  Report).  Public  safety  consultant  Craig  Jorgensen  similarly 


 stated,  Congress  and  many  other  political  leaders  have  failed  to  meet  the  critical  needs  of  this  nations  public  safety  community  with  regard  to  funding.  They  fail  to  recognize  that  first  responders  and  other  public  agencies 
 throughout  this  country  are  operating  on  communications  networks  that  are  in  many  cases  more  than  twenty  years  old.  Id.  at  72. 


 11  See  http://  www.  safecomprogram.  gov/  NR/  rdonlyres/  72E16B22-  6928-  4676-  A82A-B6858E7974FA/ 
 0/  InteroperabilityContinuum.  pdf.  See  also  OCTO  Presentation  at  2  (depicting  the  continuum  of  public  safety  wireless  communications  interoperability  capabilities  in  the  Washington,  D.  C.  area). 


 12  Wi-  Fi  and  Wi-  Max  are  acronyms  for  wireless  fidelity  and  Worldwide  Interoperability  for  Microwave  Access, 
 respectively.  We  discuss  these  wireless  technologies  below. 
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 3 
 interoperable  communications,  are  discussed  in  turn  below.  13 
 II.  Overview  of  Commercial  Wireless  Technologies  and  Services 
 Smart  and  cognitive  radios.  Smart  radios  and  cognitive  radios  may  benefit  public  safety  agencies  by  helping  to  facilitate  nationwide  interoperable  mobile  communications.  14  Over  the  past 
 several  years,  technologies  have  increased  the  computer  processing  capabilities  of  radio  system  technologies.  As  a  result,  radio  system  designs  increasingly  incorporate  software,  thereby  making  basic 
 functions  easier  to  implement  and  more  flexible.  As  the  capabilities  have  advanced,  radio  systems  have  been  gaining  increased  abilities  to  be  cognitive  --  to  adapt  their  behavior  based  on  external  factors. 
 Cognitive  radios  are  therefore  currently  capable  of  operating  on  multiple  frequencies  in  multiple  formats  so  that  different  systems  can  interconnect.  15 


 The  proper  implementation  of  a  public  safety  communications  system  with  adequate  spectrum  and  cognitive  radios  may  help  to  ensure  that  both  data  and  voice  transmit  among  agencies  instantly.  For 
 example,  cognitive  radios  could  incorporate  various  features,  including  frequency  agility,  16  Dynamic  Frequency  Selection  (DFS),  17  adaptive  modulation,  18  Transmit  Power  Control  (TPC),  19  and  location 
 awareness.  20  In  addition,  cognitive  radios  may  include  a  negotiated  use  mechanism  that  permits  the 


 13  We  note  that  a  discussion  of  commercial  satellite  technologies  and  services  is  set  forth  in  Appendix  C. 
 14  See  Facilitating  Opportunities  for  Flexible,  Efficient,  and  Reliable  Spectrum  Use  Employing  Cognitive  Radio 
 Technologies,  Report  and  Order,  ET  Docket  03-  108,  20  FCC  Rcd  5046  (2005)  (Cognitive  Radio  Report  and  Order).  While  public  safety  agencies  may  continue  to  have  reservations  over  the  reliability  and  use  of  smart  or  cognitive 


 radios,  the  continuing  evolution  of  these  technologies  may  obviate  some  of  their  concerns.  For  example,  as  we  noted  in  Cognitive  Radio  Report  and  Order,  the  Software  Defined  Radio  (SDR)  Forum,  an  international  nonprofit 
 organization  dedicated  to  promoting  the  development  and  use  of  smart  and  cognitive  radios,  has  established  a  Special  Interest  Group  for  Public  Safety  to  ensure  the  continued  development  of  these  technologies  for  use  within 
 the  public  safety  sector.  See  id.  at  5495  28.  15 
 Specifically,  under  the  Commissions  rules,  smart  radios  or  software  defined  radios  include  any  radio  that  includes  a  transmitter  in  which  the  operating  parameters  of  frequency  range,  modulation  type  or  maximum  output 


 power  can  be  altered  by  making  a  change  in  software  without  making  any  changes  to  hardware  components  that  affect  the  radio  frequency  emissions.  47  C.  F.  R.    2.1.  Whereas  smart  radios  can  be  programmed  to  transmit  and 
 receive  on  any  of  a  variety  of  frequencies  and/  or  to  use  one  or  more  different  transmission  formats  supportable  by  their  hardware  design,  cognitive  radios  empower  the  radios  to  alter  their  transmitter  parameters  based  on 
 interaction  with  the  environment  in  which  they  operate.  See  Cognitive  Radio  Report  and  Order,  20  FCC  Rcd  at  5489    9-  10. 


 16  See  id.  at  5490    11  (explaining  that  frequency  agility  refers  to  the  ability  of  the  radio  to  change  operating 
 frequencies  to  optimize  use  under  varying  conditions).  17 
 See  id.  (explaining  that  DFS  allows  the  radio  to  sense  signals  from  other  nearby  transmitters  in  an  effort  to  choose  an  optimum  operating  environment). 


 18  See  id.  (explaining  that  adaptive  modulation  refers  to  the  radios  capability  to  modify  transmission  characteristics 
 and  waveforms  to  exploit  opportunities  to  utilize  spectrum).  19 
 See  id.  (explaining  that  TPC  permits  transmission  at  full  power  limits  when  necessary  and  constrains  transmitter  power  to  a  lower  level  to  allow  greater  sharing  of  spectrum  when  higher  power  operation  is  unnecessary). 


 20  Location  awareness  describes  the  radios  ability  to  determine  location  and  the  location  of  other  transmitters  in 
 order  to  first  determine  whether  conditions  permit  transmission  and  to  then  select  appropriate  operating  parameters  such  as  the  power  and  frequency  allowed  at  the  location.  See  id. 
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 4 
 sharing  of  spectrum  under  the  terms  of  a  prearranged  agreement  between  a  licensee  and  a  third  party.  21  Indeed,  cognitive  radios  may  eventually  enable  negotiation  of  spectrum  use  on  an  ad  hoc  or  real-  time 
 basis,  without  the  need  for  prior  agreements  between  all  parties.  22  These  technical  characteristics  and  advanced  capabilities  create  the  potential  for  cognitive  radios  to  foster  interoperability  because  the 
 technology  will  allow  radios  to  intelligently  jump  to  different  frequencies  and  formats,  as  needed,  to  establish  communications,  thereby  offering  emergency  response  providers  with  a  more  efficient  and 
 resilient  communications  network.  23 
 Communications  gateways.  Communications  gateways  retransmit  voice  and  data  across  multiple  frequency  bands  and  provide  an  interim  interoperability  solution  as  agencies  move  toward  shared 
 systems.  The  emergence  of  communication  gateways  offers  the  public  safety  community  the  potential  for  nationwide,  interoperable  mobile  communications  because  a  gateway  will  interconnect  multiple 
 frequency  bands  and  links  trunked  talk  groups,  encrypted  networks,  cell  phones,  satellite  phones,  and  the  public  switched  telephone  network.  Moreover,  a  communications  gateway  may  be  implemented  without 
 significant  radio  infrastructure  modifications,  is  relatively  affordable  and  widely  available.  For  example,  Cisco  Systems,  Inc.  (Cisco)  reports  its  Land  Mobile  Gateway  employs  IP-  based  technology,  based  on 
 802.11  protocol,  and  operates  on  diverse  frequencies  to  provide  interoperable  capability,  which  permits  two  or  more  public  safety  entities  to  agree  to  interoperate  without  the  need  for  region-  wide  or  state-  wide 
 protocols.  24 
 One  factor  to  consider,  however,  in  implementing  communications  gateways  is  that  they  may  not  be  spectrally  efficient  because  the  system  itself  uses  spectrum  channels  in  order  to  facilitate  the 
 interoperable  communications.  In  addition,  gateways  lack  a  single  control/  signaling  system,  and  have  the  potential  to  be  insecure.  Nevertheless,  communications  gateways,  when  implemented  with  care  and  a 
 high  level  of  coordination  among  agencies  and  jurisdictions,  may  provide  the  pubic  safety  community  with  a  beneficial  intermediate  option  for  achieving  interoperability. 


 IP-  based  technology.  A  robust  interoperable  network  must  be  able  to  function  in  all  areas  served  by  emergency  response  providers,  including  areas  where  most  of  the  communications  infrastructure  is 
 degraded  or  non-  existent.  IP-  based  technology  may  enhance  the  resiliency  of  traditional  public  safety  networks  by  providing  the  dynamic  capability  to  change  and  reroute  telecommunications  voice  and  data 
 traffic  within  the  network.  Moreover,  IP-  based  systems  may  generally  facilitate  the  ability  of  emergency  response  providers  to  communicate  complex  information  between  offices  and  the  field.  Greater 
 incorporation  of  IP-  based  technology  into  public  safety  networks  may  allow  public  safety  entities  to  restore  service  in  the  event  of  failure,  as  well  as  initiate  coverage  in  new  areas  more  rapidly.  Many 
 commenting  parties  report  that  IP  technology  may  provide  an  integral  part  of  a  solution  to  the  interoperability  problem.  25  For  example,  the  Wireless  Accelerated  Responder  Network  (WARN), 
 operated  by  the  Washington,  D.  C.  Office  of  Chief  Technology  Officer  (OCTO),  is  a  citywide  broadband  wireless  system  that  relies  on  IP-  based  technology  to  provide  emergency  response  providers  the  ability  to 


 21  See  id. 
 22  See  id. 
 23  See,  e.  g.,  Government  Accountability  Office,  Protecting  Structures  and  Improving  Communications  During 
 Wildland  Fires  61-  62  (April  2005)  (http://  www.  gao.  gov/  new.  items/  d05380.  pdf).  24 
 See  Cisco  Comments  at  2-  4.  25 
 See  Spectrum  Coalition  Comments  at  5;  PacketHop  Comments  at  3;  Seattle  Comments  at  1;  Lucent  Comments  at  4,  9-  10;  UTC  Comments  at  12;  Seybold  Comments  at  2. 
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 use  video  communications  and  other  technologically  advanced  applications  to  enhance  public  safety.  26 
 The  concept  behind  IP  interoperability  is  simple:  public  safety  communications  devices  would  contain  an  interface  between  the  radio  side  of  the  instrument  and  an  IP-  based  Internet  side  of  the 
 instrument.  This  would  allow  these  devices  to  interoperate  based  strictly  on  Internet  connectivity  and  the  use  of  IP-  based  protocols  for  interconnection.  27  It  is  worth  noting  that  companies  are  starting  to  roll  out 
 equipment  that  provides  this  interconnection.  28  We  also  note  that  a  number  of  commercial  companies  are  marketing  devices  that  provide  for  the  direct  interconnection  of  radios  via  cross-  connection.  29 


 The  full  realization  of  the  interoperability  benefits  of  IP-  based  technology  may  require  a  substantial  investment  of  both  time  and  money.  Public  safety  agencies  may  need  to  re-  equip  their 
 existing  communications  networks  with  IP-  compatible  equipment  and  design  an  interoperable  network  architecture  incorporating  a  gateway  device  in  each  radio  network  that  provides  the  connectivity  to  the 
 Internet  or  other  IP-  based  Intranets.  In  addition,  there  is  a  question  as  to  whether  an  Internet-  based  connectivity  for  public  safety  radios  may  introduce  or  increase  the  potential  for  issues  of  vulnerability  and 
 reliability.  30 
 Wi-  Fi  and  Wi-  Max  technologies.  Wireless  fidelity  (known  as  Wi-  Fi)  generally  refers  to  any  type  of  wireless  Local  Area  Network  (LAN)  employing  an  802.11  standard.  31  Wireless  LANs  use  high- 


 26  See  Motorola  Comments  at  7  n.  13.  According  to  FPIC,  OCTO  demonstrates  full,  core  data  communications 
 interoperability.  See  FPIC  Comments  at  5;  see  also  Spectrum  Coalition  Comments  at  12.  27 
 Just  as  a  computer  network  uses  IP  technology  to  facilitate  communication  between  end  users  on  the  network  regardless  of  whether  the  end  users  on  the  network  are  using  Windows,  Mac  OS  or  the  LINUX  operating  system, 


 public  safety  communication  devices  using  IP  interconnectivity  will  reportedly  be  able  to  interoperate  with  other  such  equipped  devices  whether  the  radio  side  of  the  devices  are  operating  on  spectrum  in  the  UHF/  VHF,  700  MHz, 
 800  MHz,  4.9  GHz  or  satellite  bands.  See  Cisco  Comments  at  2-  4;  Lucent  Comments  at  20-  21.  28 
 Ciscos  Internet  Protocol  Interoperability  and  Collaboration  Systems  (IPICS)  employs  an  IP-  based  solution  consisting  of  a  set  of  software  programs  and  hardware  interfaces  that  interconnect  existing  radio  networks  without 


 requiring  the  replacement  of  existing  equipment.  See  John  Markoff,  A  Cisco  System  to  Make  Radios  Work  Together,  N.  Y.  TIMES  (Oct.  24,  2005). 
 29  Because  this  technology  is  network-  based  and  not  reliant  on  frequency  availability,  an  IP-  based  solution 
 accomplishes  cross-  banding  among  disparate  radios,  thereby  allowing,  for  example,  VHF  radios  to  talk  to  800-  MHz  radios.  The  Raytheon  Corporation  offers  the  AMU-  1000  to  provide  direct  cross  banding  for  public  safety  radio 


 systems.  See  http://  www.  jps.  com/  index.  asp?  node=  88.  Other  products,  such  Transcrypts  Tactical  Interoperability  Kit  (TIK)  and  BK  Radios  V  Series  APCO  P25,  also  provide  public  safety  agencies  with  cross-  banding  options  to 
 achieve  a  certain  level  of  interoperability.  See,  e.  g.,  http://  www.  relm.  com/  V_  series_  digital-  analog_  station.  asp.  30 
 See  Seybold  Comments  at  3  (stating  that  nationwide  Internet  Protocol  version  6  (IPv6,  a  next  generation  protocol  designed  to  replace  the  current  version  4,  should  be  established  to  interconnect  all  federal,  state  and  local  first 


 responder  agencies  by  establishing  a  new  stand-  alone  system  that  is  secure  and  built  to  exacting  standards,  rather  than  connecting  to  the  Internet). 


 31  The  term  Wi-  Fi  was  originally  applied  to  unlicensed  wireless  devices  operating  in  the  2.4  GHz  band  in 
 accordance  with  the  Institute  of  Electrical  and  Electronics  Engineers  (IEEE)  802.11b  standard.  More  recently,  however,  the  term  has  also  been  applied  to  unlicensed  wireless  devices  operating  in  the  5  GHz  region  in  accordance 


 with  IEEE  802.11a.  See  Inquiry  Concerning  the  Deployment  of  Advanced  Telecommunications  Capability  to  All  Americans  in  a  Reasonable  and  Timely  Fashion,  Notice  of  Inquiry,  GN  Docket  No.  04-  54,  19  FCC  Rcd  5136,  5144 
 n.  30  (2004)  (Advanced  Telecommunications  Capability  NOI).  In  general,  802.11  standards  refer  to  a  family  of  specifications  developed  by  the  IEEE  for  wireless  LAN  technology.  The  Commission  does  not  require  devices 
 operating  in  either  the  2.4  or  5  GHz  bands  to  meet  the  IEEE  standards,  however.  For  more  information  on  802  standards,  see  the  IEEE  web-  site  at  http://  www.  ieee.  org/  portal/  site. 
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 frequency  radio  waves,  rather  than  wires,  to  communicate  between  nodes,  which  can  be  laptops,  Personal  Digital  Assistants  (PDAs),  and  other  devices.  The  term  Wi-  Max,  short  for  Worldwide  Interoperability 
 for  Microwave  Access,  refers  to  two  802.16  standards  developed  by  IEEE  for  fixed  wireless  broadband  access  systems.  32  The  availability  of  Wi-  Fi  and  Wi-  Max  technologies  permit  emergency  response 
 providers  to  communicate  information  among  other  personnel  in  the  field,  as  well  as  with  command  centers  and  other  locations. 


 Municipalities  and  public  safety  agencies  report  that  they  are  pursuing  the  use  of  Wi-  Fi  and  Wi-Max  technologies,  especially  for  the  provision  of  non-  mission  critical  communications,  because  they  offer 
 an  efficient  and  economic  means  for  public  safety  to  attain  an  intermediate  level  of  interoperability.  33  For  example,  one  of  the  largest  Wi-  Fi/  Wi-  Max  networks  provides  access  to  emergency  response  providers 
 throughout  nearly  700  square  miles  of  territory  located  in  three  counties  in  the  States  of  Oregon  and  Washington.  34  One  police  chief  with  access  to  the  system  reports,  We  believe  we  are  saving  about  2000 
 man  hours  a  year  by  going  mobile.  Now  we  can  access  every  aspect  of  our  report  writing  and  our  records  management  system    booking  photos,  past  history,  any  cases  that  you  want  to  read    from  anywhere  in 
 the  city  and  beyond.  35  Other  municipalities  are  considering  similar  systems.  For  instance,  New  York  City  reports  its  consideration  of  a  citywide  mobile  wireless  network  using  a  number  of  technologies 
 including  Wi-  Fi  and  Wi-  Max.  36  The  City  of  Seattle  also  reports  support  for  wireless  networking  which  supports  propagation  through  buildings,  real  time  video,  large  file  transfers,  enhanced  mission-  specific 
 (police,  fire,  utility)  applications,  special  geographic  (map-  based)  presentations,  simplified  user  interfaces,  and  use  of  [VoIP]  for  interoperability  and  redundancy.  37 


 We  note  that  some  public  safety  agencies  are  generally  reluctant  to  rely  on  the  use  of  commercial  wireless  services,  as  well  as  certain  technologies,  such  as  Wi-  Fi,  that  can  be  used  in  commercial 
 applications,  especially  for  the  provision  of  mission-  critical  communications,  due  to  concerns  over 


 32  Specifically,  the  802.16a  standard  is  used  for  systems  operating  between  2  and  11  GHz,  while  the  802.16b 
 standard  is  used  for  systems  operating  between  10  and  66  GHz.  See  Advanced  Telecommunications  Capability  NOI,  19  FCC  Rcd  at  5144  n.  30.  Wi-  Max  systems  have  a  maximum  speed  of  75  Mbps  and  a  theoretical  range  of  30  miles 


 under  ideal  conditions  but  require  a  clear  line  of  sight.  See  id.  For  more  information  on  802  standards,  see  the  IEEE  web-  site  at  http://  www.  ieee.  org/  portal/  site. 


 33  For  example,  public  safety  personnel  can  access  data  and  communicate  with  devices  anywhere  on  the  network.  In 
 addition,  one  LAN  can  be  connected  to  other  LANs  over  any  distance  via  telephone  lines,  radio  waves,  or  both  to  create  a  wide-  area  network  (WAN). 


 34  See  Blake  Harris,  Public  Safety  Key  for  Largest  Wi-  Fi  Network  in  U.  S.,  Digital  Communities  (Oct.  20,  2005). 
 The  network  was  funded  in  part  with  a  grant  from  the  Department  of  Defense  (DOD)  in  order  to  provide  emergency  response  providers  and  public  safety  personnel  across  the  region  with  an  interoperable  system  to  enable  a 


 coordinated  response  and  to  facility  an  emergency  evacuation  of  the  area.  See  id.  BellSouth  recently  announced  the  expansion  of  its  wireless  broadband  service  to  businesses  and  customers  in  Gulfport  and  Biloxi,  Mississippi  who 
 sustained  long-  term  damage  after  Hurricane  Katrina  and  require  communications  capabilities  as  they  rebuild.  See  BellSouth  Expands  Wireless  Broadband  Service  into  Mississippi  Gulf  Coast,  Press  Release  (Dec.  6,  2005). 


 35  Id. 
 36  See  NYC  Comments  at  9-  11. 
 37  See  Seattle  Comments  at  1;  FPIC  Comments  at  4-  5.  The  need  for  redundancy  continues  to  be  a  prime  concern  to 
 public  safety  agencies.  For  example,  ARRC  contends  that  commercial  wireless  services  do  not  lend  themselves  to  the  same  backup  power,  site  security  and  redundancy  measures  employed  by  dedicated  and  closed  public  safety 


 radio  networks.  AARC  Comments  at  2;  see  also,  e.  g.,  RPC  12  Comments  at  3  (stating  commercial  wireless  technologies  are  continually  rendered  inoperable  during  critical  events  when  reliance  is  most  critical). 
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 interference  and  network  access  security.  Because  networks  employing  Wi-  Fi  technologies  generally  operate  on  an  unlicensed  basis  in  accordance  with  Part  15  of  the  Commissions  rules,  38  there  is  a  potential 
 for  harmful  interference  to  public  safety  operations.  For  example,  Grundy  County  states,  public  safety  cannot  rely  on  unlicensed  or  commercial  technologies  to  meet  [its]  mission  critical  broadband 
 applications,  39  and  submits  that  experience  shows  that  only  dedicated  communications  systems  designed  specifically  for  public  safety  needs  provide  the  reliability,  features  and  flexibility  [necessary]  for 
 critical  internal  communications.  40  Milwaukee  PD  also  notes  the  network  security  issues  posed  by  the  use  of  such  commercial  wireless  technologies.  41 


 Wireless  mesh  technology.  Wireless  mesh  technology  also  promises  users  the  ability  to  transmit  information  at  high  speeds  and  with  high  service  quality  through  the  most  efficient  route  to  its  destination. 
 In  a  wireless  mesh  network,  the  access  point  is  connected  to  a  wireless  router,  42  which  scans  radio  connections  to  find  the  least  congested  path  and,  in  turn,  hands  off  a  network  transmission  to  one  or  more 
 other  routers  before  the  signal  reaches  a  wired  connection.  43  Indeed,  proponents  of  wireless  mesh  state  that  the  routing  protocols  create  enormous  efficiencies  and  capabilities  and  have  evolved  to  deliver 
 wireless  broadband.  44  These  advances  reportedly  eliminate  the  excessive  routing  overhead  and  signal  degradation  associated  with  multiple  hops,  making  possible  the  deployment  of  larger  metropolitan  scale 
 networks  possible.  45  Motorola  reports  that  the  most  practical  way  to  extend  the  range  of  broadband  wireless  communications  in  a  power  restricted  environment  is  to  hop  through  intermediate  wireless 
 routers,  which  can  receive  and  retransmit  the  signal.  46 
 Deployment  efficiencies  may  also  result  from  the  non-  proprietary  character  of  the  wireless  mesh 
 38  See  47  C.  F.  R.  Part  15.  As  noted  in  these  rules,  all  users  of  the  unlicensed  spectrum  are  treated  equally  and  accept 
 interference  rights  between  and  among  other  users.  39 
 Grundy  County  Comments  at  1.  40 
 Id.  41 
 Milwaukee  PD  Comments  at  1.  42 
 The  access  point  and  wireless  router  often  are  combined  into  one  device.  43 
 From  its  inception  in  the  late  1970s,  the  routing  protocols  for  wireless  mesh  networks  were  premised  on  communicating  between  mobile  points,  rather  than  accessing  a  wired  network  such  as  the  Internet,  and  therefore 


 emphasized  reducing,  if  not  eliminating,  the  number  of  hops  a  communication  would  take  across  the  network  to  its  destination. 


 44  For  example,  Tropos  Networks  (Tropos),  reports  that  its  router  dynamically  identifies  the  most  efficient  path  from 
 router  to  router  across  multiple  hops  and  achieves  the  highest  throughput  between  the  users  device  and  the  wired  backhaul  connection.  See  Letter  from  Ellen  M.  Kirk,  Tropos  Networks,  to  the  Honorable  Kevin  J.  Martin, 


 Chairman,  FCC,  WT  Docket  No.  05-  157  at  3  (Nov.  2,  2005)  (Tropos  Letter).  Tropos  explains  that  its  routing  protocol  adapts  based  on  changing  interference,  fading  conditions,  or  the  addition  of  new  backhaul  to  expand 
 coverage.  See  id.  The  term  backhaul  generally  refers  to  the  transport  links  that  carry  traffic  and  network  control  information  between  base  stations  and  other  network  elements,  primarily  mobile  switching  centers. 


 45  Indeed,  the  range  of  wireless  mesh  broadband  applications  currently  being  used  by  municipalities  and  public 
 safety  agencies  include  video,  photographs,  VoIP,  Internet  access,  secured  database  access,  surveillance,  report  transmission  and  monitoring.  See  Tropos  Letter  at  3.  According  to  Tropos,  the  technology  delivers  symmetrical 


 service,  up  to  15  Mbps  of  concurrent  subscriber  capacity  per  square  mile  with  peak  data  rates  of  up  to  54  Mbps.  See  id. 


 46  Motorola  Oct.  27,  2005  Ex  Parte  (Mesh  Networking  Technology    Ultimate  Evolution  of  Wireless 
 Communications). 
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 technology,  which  is  generally  designed  around  the  802.11  Wi-  Fi  standard.  47  As  such,  public  safety  agencies  may  rely  on  various  devices  manufactured  in  accordance  with  the  802.11  Wi-  Fi  standard  to 
 access  the  wireless  mesh  mobile  broadband  network,  including  laptops,  PDAs,  and  VoIP  phones.  The  wide  availability  and  standardization  of  802.11  compatible  devices  offer  public  safety  agencies  a  cost-effective 
 means  for  emergency  responders  to  maintain  equipment  capable  of  achieving  interoperable  communications  when  their  units  are  within  range  of  the  wireless  mesh  network.  48 


 Wireless  mesh  broadband  networks  also  can  be  deployed  from  scratch  in  just  a  few  days  following  a  major  event  in  order  to  restore  communications.  49  Routers  for  mesh  networks  can  be  attached 
 to  lampposts,  telephone  poles  or  other  fixtures  with  a  power  source.  50  Back  up  power  supply,  whether  battery  or  solar  panels  can  be  affixed  at  the  time  of  installation  or  later.  Mesh  networks  can  expand  or  be 
 altered  without  needing  to  return  to  adjust  routers  already  in  place.  51  The  lack  of  proprietary  devices  and  the  flexible  deployment  capability  of  wireless  mesh  networks  offer  public  safety  agencies  a  broad  range 
 of  mobile  broadband  communications  to  provide  effective  interoperability  among  other  uses.  For  example,  in  Cedar  Rapids,  Iowa,  city  buses  have  been  broadband-  enabled  wirelessly  to  improve  security 
 and  entertainment  for  riders  via  a  2.4  GHz  mobile  mesh-  networking  solution.  Wireless  mesh  networks  also  were  effectively  deployed  in  twenty-  two  areas  in  New  Orleans  and  the  Gulf  Coast  after  hurricane 
 Katrina  to  restore  voice  and  data  service.  52 
 Finally,  as  noted  earlier  with  respect  to  Wi-  Fi  and  Wi-  Max,  wireless  mesh  networks  are  also  susceptible  to  the  potential  for  harmful  interference. 


 Cellular  technologies.  Cellular  technologies  offer  anytime,  anywhere  mobility,  an  important  tool  for  emergency  responders.  53  At  a  very  basic  level,  a  number  of  commercial  wireless  service 
 providers  that  offer  extensive  nationwide,  regional,  or  even  discrete  coverage  could  supplement  public  safety  communications  in  areas  where  public  safety  systems  do  not  have  coverage  or  could  not 
 economically  duplicate  coverage.  54  In  this  regard,  emergency  response  providers  and  commercial 


 47  Wi-  Fi  and  the  802.11  standard  are  discussed  above.  For  example,  PacketHop,  Inc.  (PacketHop)  offers  mobile 
 mesh  networking  software  that  enables  any  802.11  standard-  based  device,  such  as  laptops,  PDAs,  and  devices  with  similar  interconnection  capabilities,  to  send,  receive  and  route  data.  47  The  technology  allows  users  to  form  an 


 extended  Wi-  Fi  hot-  zone,  which  can  operate  with  or  without  wireless  access  points.  Specifically,  the  PacketHop  Communication  System  consists  of  the  TrueMesh  mobile  mesh  networking  software  and  the  Aware  for  Public 
 Safety  multimedia  application  with  capabilities  such  as  real-  time  multicast  video,  resource  tracking,  and  instant  messaging. 


 48  Tropos  notes  that,  in  a  typical  public  safety  environment,  there  are  approximately  twenty  routers  per  square  mile, 
 with  the  cost  per  square  mile  of  less  than  $100,000.  See  Tropos  Letter  at  3.  49 
 See  Tropos  Letter  at  5.  Wireless  mesh  technology  also  generally  provides  a  greater  degree  of  resiliency  against  link  and  node  outages  and,  according  to  Tropos,  ensures  that  there  is  no  system  level  point  of  failure.  See  id. 


 50  Id.  at  4. 
 51  Id. 
 52  See  id.  at  2-  4. 
 53  The  States  of  Pennsylvania,  Michigan,  and  Colorado  have  each  employed  cellular  technologies  to  enhance  the 
 interoperability  of  public  safety  personnel  on  a  statewide  basis.  See  CTIA  Comments  at  3-  4.  54 
 See,  e.  g.,  Enterprise  Comments  at  5  (stressing  that  the  cost  of  commercial  services  has  decreased  and  reporting  that  SouthernLINCs  advanced  network  has  allowed  public  safety  entities  to  avoid  the  costs  involved  in 


 constructing  and  maintaining  their  own  systems). 
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 9 
 wireless  carriers  could  work  together  to  design,  configure  or  share  systems  to  facilitate  basic  mobile  communications  or  enable  interoperability  among  different  public  safety  agencies  over  wide  or  unique 
 areas  where  individual  communication  systems  are  not  interoperable  or  do  not  have  overlapping  coverage.  55 


 More  specifically,  a  number  of  commercial  wireless  providers  offer  (or  soon  will  offer)  a  push-to-  talk  (PTT)  option  that  enables  easy  one-  on-  one  and  one-  to-  many  half-  duplex  communications, 
 thereby  granting  emergency  response  providers  a  communications  option  equivalent  to  many  existing  public  safety  systems.  PTT  allows  the  mobile  phone,  when  in  a  special  mode,  to  function  as  a  digital 
 two-  way  radio  in  PTT  operation  (in  a  fashion  similar  to  the  trunking  feature  of  newer  commercial  and  public  safety  two-  way  radios).  Only  one  person  at  a  time  can  talk,  by  pressing  a  PTT  button,  and  one  or 
 several  others  can  listen  instantly.  The  service  connects  mobile  phone  users  with  each  other  within  seconds.  PTT  commonly  does  not  deplete  regular  airtime  minutes,  and  uses  the  General  Packet  Radio 
 Service  56  connection,  on  which  the  amount  of  data  transmitted  is  billed,  rather  than  the  minutes  of  conversation.  Although  PTT  enables  rapid  communication,  which  is  critical  especially  in  times  of 
 emergency  or  for  public  safety  operations  deployed  to  provide  relief  after  natural  disasters,  PTT  is  not  currently  interoperable  --  users  currently  must  utilize  to  the  same  mobile  carriers  network  in  order  to  talk 
 with  one  another. 
 Wireless  priority  service  (WPS)  is  also  notable  given  that  it  relies  on  commercial  wireless  technology  to  provide  an  end-  to-  end  nationwide  wireless  priority  communications  capability  during 
 natural  or  man-  made  disasters  or  emergencies  that  cause  congestion  or  network  outages  in  the  Public  Switched  Telephone  Network  (PSTN).  57  Key  federal,  state,  local  and  tribal  government  and  critical 
 infrastructure  personnel  that  have  national  security  and  emergency  (NS/  EP)  missions  are  eligible  to  participate.  The  Commission  approved  the  WPS  for  NS/  EP  requirements  on  a  call-  by-  call  priority  basis 
 and  maintains  oversight  responsibilities  for  the  WPS  Program.  58  The  National  Communications  System  (NCS)  manages  the  day-  to-  day  administration  on  behalf  of  the  Executive  Office  of  the  President. 


 Under  the  Commissions  WPS  rules,  authorized  NS/  EP  users  in  emergencies  may  gain  access  to  the  next  available  wireless  channel  to  originate  a  call;  however,  the  priority  calls  would  not  preempt  calls 
 in  progress.  Specifically,  WPS  is  an  enhancement  to  basic  mobile  service  that  allows  NS/  EP  calls  to  queue  for  the  next  available  radio  channel.  The  full  WPS  capability  provides  priority  handling  from  the 
 origination,  through  the  network,  to  the  called  destination.  In  adopting  the  WPS  rules,  the  Commission  required  wireless  carriers  that  elect  to  offer  WPS  to  adhere  to  uniform  operating  protocols  concerning  the 
 number  of  priority  levels  and  specific  priority  levels  for  particular  NS/  EP  users.  WPS  rules  provide  for  five  levels  of  priority  as  requested  by  NCS.  WPS  is  available  to  authorized  NS/  EP  users  at  all  times,  and 


 55  See,  e.  g.,  National  Institute  of  Justice  Journal,  April  2000,  Can  We  Talk?  Public  Safety  and  the  Interoperability 
 Challenge  at  19  (  Although  there  is  no  silver  bullet  or  single  solution  to  achieving  interoperability,  several  approaches  can  foster  enhanced  communication  among  agencies  .  .  .  [and]  [s]  ome  public  safety  agencies  are  .  .  . 


 [u]  sing  products  and  services  that  traditionally  have  been  sold  only  to  consumers,  such  as  satellite  paging  systems,  cellular  phones,  and  personal  communication  systems  .  .  .  that  transmit  both  voice  and  data.  These  alternatives  are 
 helping  to  alleviate  existing  public  safety  spectrum  congestion  and  to  expand  the  geographic  boundaries  of  signal  areas.). 


 56  GPRS  is  a  new  non-  voice  value  added  service  that  allows  information  to  be  sent  and  received  across  a  mobile 
 telephone  network.  This  technology  today's  Circuit  Switched  Data  and  Short  Message  Service.  We  note  that  GPRS  is  not  related  to  GPS  (the  Global  Positioning  System),  a  similar  acronym  that  is  often  used  in  mobile  contexts. 


 57  For  more  information  on  the  Wireless  Priority  Service,  see  http://  wps.  ncs.  gov. 
 58  See  47  C.  F.  R.    64.  402,  App.  B. 
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 10 
 is  triggered  on  a  per  call  basis  when  the  user  dials  a  feature  code. 
 For  users,  WPS  costs  are  a  one-  time  activation  charge  of  no  more  than  $10,  a  service  fee  of  no  more  than  $4.50  per  month,  and  no  more  than  a  $  .75  per  usage  fee  for  WPS  calls.  Carrier  participation  in 
 the  WPS  program  is  voluntary.  To  encourage  participation,  the  NCS  is  funding  the  technical  development  and  implementation  of  priority  features  in  the  carrier  networks.  Three  commercial  wireless 
 carriers,  each  of  which  employ  the  GSM  air  interface,  59  are  under  contract  to  provide  WPS.  T-  Mobile  and  Cingular  provide  service  to  most  of  the  fifty  states.  Sprint  Nextel  provides  service  to  numerous 
 locations  throughout  the  nation.  Although  no  carrier  employing  the  CDMA  air  interface  60  currently  offers  PAS,  Verizon  Wireless  will  begin  to  offer  the  service  in  spring  2006. 


 Mobile  infrastructure.  Whenever  public  safety  relies  on  a  network  for  critical  safety  of  life  communications,  that  network  should  be  resilient  enough  to  rebound  quickly  after  a  major  event    even  if 
 the  major  event  disables  the  local  infrastructure.  Therefore,  public  safety  entities  may  greatly  benefit  from  utilizing  mobile  infrastructure  that  could  quickly  re-  establish  communications  after  such  a  disastrous 
 event.  The  mobile  infrastructure  should  operate  independent  of  the  damaged  local  infrastructure.  Indeed,  a  robust  interoperable  network  must  be  able  to  function  in  all  areas  served  by  emergency  response 
 providers,  including  areas  where  most  of  the  communications  infrastructure  is  degraded  or  non-  existent. 
 Most  radio  networks  may  use  temporary  mobile  antenna  structures  to  augment  or  temporarily  replace  existing  infrastructure  in  the  case  of  natural  or  other  damage  to  the  network  facilities.  This 
 includes  mobile  antennas  mounted  on  such  forms  as  cells-  on-  wheels,  inflatable  balloons  at  high  altitude,  61  temporary  installations  like  aircraft  or  tall  buildings,  or  other  semi-  permanent  structures.  It  is  important 
 to  recognize  however,  that  the  antennas  are  only  a  small  portion  of  the  transmission  facility  that  must  be  used.  Antennas  are  typically  constructed  to  provide  some  height  to  the  actual  transmitting/  receiving 
 elements  in  order  to  increase  the  range  of  the  radios  being  used.  In  this  context,  the  antennas  are  an  adjunct  to  the  actual  radio  transmission  equipment;  hence,  the  mobile  facilities  would  include  not  only  the 
 antennas  but  also  the  radio  transmission  and  receiving  equipment,  as  well  as  electrical  power  and  other  support  requirements. 


 For  instance,  mobile  communications  vehicles  containing  complete  RF  infrastructures,  power  systems,  towers  and  repeaters  can  be  brought  into  a  scene  where  the  local  infrastructure  has  been  disabled 


 59  The  Global  System  for  Mobile  Communications  (GSM)  is  a  digital  air  interface  for  wireless  systems  that  divides 
 each  wireless  channel  into  eight  discrete  time  slots,  which  allows  up  to  eight  simultaneous  calls  using  the  same  frequency. 


 60  The  Code  Division  Multiple  Access  (CDMA)  is  a  "spread  spectrum"  technology,  allowing  many  users  to  occupy 
 the  same  time  and  frequency  allocations  in  a  given  band/  space.  As  its  name  implies,  CDMA  assigns  unique  codes  to  each  communication  to  differentiate  it  from  others  in  the  same  spectrum. 


 61  Space  Data  Corporation  (Space  Data)  has  developed  special  radio  platforms,  known  as  SkySite  Platforms,  to 
 provide  the  functionality  of  a  standard  wireless  base  station  that  is  located  on  the  ground,  but  weighs  less  than  six  pounds  and  is  lofted  by  a  balloon  to  an  altitude  over  65,  000  feet  effectively  creating  an  antenna  over  10  miles  high. 


 Letter  from  Gerald  M.  Knoblach,  Chairman  and  CEO,  Space  Data  Corporation,  to  Honorable  Kevin  J.  Martin,  Chairman,  FCC,  WT  Docket  05-  157  (dated  Nov.  18,  2005)  at  3  (Space  Data  Ex  Parte  Letter).  The  balloons  allow 
 the  radio  equipment  to  float  in  near  space    between  12  and  62  miles  above  sea  level    to  provide  12  to  24  hours  of  coverage  before  being  parachuted  safely  back  to  earth  and  recovered.  See  id.  at  3-  4.  Space  Data  notes  that  the 
 SkySite  Platforms  fly  much  higher  than  storms  and  fires,  they  can  provide  communications  during  the  disaster  itself.  Immediately  afterward,  they  can  provide  wide-  area  communications  so  that  the  radios  carried  by  police,  fire, 
 medical  and  National  Guard  personnel  can  reach  across  the  entire  affected  area.  Id.  at  6. 
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 11 
 for  the  purpose  of  re-  establishing  terrestrial  communications  for  emergency  response  providers.  62  In  addition,  satellite  communications  can  be  re-  established  using  lightweight,  inflatable  antennas.  These  2.5 
 meter  antenna  systems  can  be  established  rapidly  by  inserting  stakes  into  the  ground,  inflating  an  antenna  ball  and  pointing  it  at  a  satellite.  Such  a  system  was  recently  used  in  Harrison  County,  Louisiana  to  re-establish 
 an  Internet  connection  in  the  wake  of  hurricane  Katrina.  63 
 Mobile  transmission  facilities  would  provide  a  national  broadband  network  with  the  flexibility  to  respond  to  failures  within  the  system  as  well  as  to  augment  the  system  in  response  to  a  large-  scale 
 incident  or  a  surge  in  service  demand  beyond  what  is  normally  provided  in  a  region.  In  these  contexts,  the  facilities  would  permit  a  rapid  restoration  or  expansion  capability,  however,  this  additional  capacity 
 would  come  at  a  significant  increase  in  cost. 
 III.  Conclusion 
 Earlier  wireless  commercial  services  may  not  have  entirely  satisfied  the  communications  needs  of  the  public  safety  community.  Todays  commercial  wireless  systems  and  technologies  offer  the  potential 
 to  meet  present  and  expanding  public  safety  needs,  especially  with  respect  to  non-  mission  critical  duties. 


 62  See,  e.  g.,  Motorola  Deployable  Communications  Systems  at 
 http://  www.  motorola.  com/  governmentandenterprise/  northamerica/  en-us/  public/  functions/  browsesolution/  browsesolution.  aspx?  navigationpath=  id_  801i/  id_  827i/  id_  2287i. 


 63  See  http://  www.  mda.  mil/  mdalink/  pdf/  05fyi0065.  pdf. 
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 Appendix  C 
 Use  of  Commercial  Satellite  Technologies  and  Services 
 I.  Introduction 
 Commercial  wireless  technologies  include  commercial  satellite  services.  The  Commission  has  recognized  that  commercial  satellite  services  are  well  suited  for  the  provision  of  emergency 
 communications.  1  A  robust  interoperable  network  must  be  able  to  function  in  all  areas  served  by  emergency  response  providers,  2  including  areas  where  communications  infrastructure  is  degraded  or  non-existent. 
 Satellite  services  can  play  a  role  in  a  robust,  interoperable  3  network  for  emergency  response  providers  by  providing  ubiquitous,  reliable  coverage  throughout  the  United  States.  Furthermore,  they  are 
 generally  immune  from  natural  and  manmade  disasters.  Thus,  the  incorporation  of  commercial  satellite  services  into  an  interoperable  public  safety  system  that  also  includes  terrestrial  wireless  systems  would 
 help  to  ensure  that  effective  communication  services  are  available  to  emergency  response  providers.  4 
 As  illustrated  below,  federal,  state  and  local  emergency  response  providers  are  already  using  commercial  satellite  services  either  as  stand-  alone  platforms  or  as  part  of  an  integrated  satellite  terrestrial 
 network  to  enable  a  range  of  voice,  data,  video,  and  other  services.  We  begin  with  a  brief  overview  of  the 


 1  See,  e.  g.,  Establishing  Rules  and  Policies  for  the  Use  of  Spectrum  for  Mobile  Satellite  Service  in  the  Upper  and 
 Lower  L-  band,  Notice  of  Proposed  Rulemaking,  11  FCC  Rcd  11675,  11681    12  (1996)  (noting  that  satellites  provide  emergency  communications  to  any  area  in  times  of  emergencies  and  natural  disasters);  Amendment  of 


 Section  2.  106  of  the  Commissions  Rules  to  Allocate  Spectrum  at  2  GHz  for  Use  by  the  Mobile-  Satellite  Service,  Notice  of  Proposed  Rulemaking,  10  FCC  Rcd  3230,  3231    7  (1995)  (noting  that  satellites  provide  nationwide 
 public  safety  coverage.  .  .  .  [and]  could  satisfy  important  requirements  that  cannot  be  economically  satisfied  by  other  means);  Qualcomm  Incorporated,  Order,  15  FCC  Rcd  21444,  21446    6  (WTB  2000)  (explaining  that  satellites 
 may  provide  an  important  additional  emergency  telecommunications  resource,  especially  to  callers  located  in  remote  and  rural  areas  and  callers  located  in  under  populated  regions  where  neither  landline  nor  terrestrial  mobile 
 services  exists);  Flexibility  for  Delivery  of  Communications  by  Mobile  Satellite  Service  Providers  in  the  2  GHz  Band,  the  L-  Band,  and  the  1.  6/  2.  4  GHz  Bands,  Report  and  Order,  18  FCC  Rcd  1962,  1978    29  (2003)  (  By 
 offering  ubiquitous  coverage  with  instant,  nationwide  interoperability,  ATC-  enhanced  MSS  may  make  the  public,  law  enforcement,  and  public-  safety  organizations  easier  to  reach  in  the  field,  regardless  of  location.  Accordingly, 
 MSS  ATC  may  enhance  the  nations  overall  ability  to  maintain  critical  telecommunications  infrastructure  in  times  of  crisis  or  disaster.). 


 2  See  Dale  Hatfield  and  Phil  Weiser,  Taking  A  Fresh  Look  At  Public  Safetys  Spectrum  Needs:  Toward  A  Next 
 Generation  Strategy  For  Public  Safety  Communications  (MSV/  Hatfield  White  Paper)  at  4.  An  updated  version  of  the  MSV/  Hatfield  White  Paper,  which  takes  into  account  the  experience  gained  from  hurricanes  Katrina  and  Rita, 


 may  be  accessed  at  http://  www.  msvlp.  com/  nextgen/  news/_  pdf_  launch_/  NextGenOct21R2.  pdf.  3 
 The  Commission  has  defined  interoperability  as  [  a]  n  essential  communications  link  within  public  safety  and  public  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  Communication  Requirements  Through  the  Year  2010,  First  Report  and  Order,  14  FCC  Rcd  152,  189-  90    76  (1998). 


 4  See  Iridium  Comments  at  1  n.  3;  MSV/  Hatfield  White  Paper  at  14  (  Increasing  their  reliance  on  commercial 
 systems  does  not  mean  that  public  safety  agencies  should  abandon  their  existing  private  LMR  systems.);  TerreStar  Comments  at  3  (  Although  public  safety  agencies  could  still  rely  on  their  existing  [LMR  networks],  by 


 incorporating  access  to  an  MSS/  ATC  network  in  their  communications  equipment,  these  agencies  could  ensure  the  ability  to  talk  with  any  other  user  in  the  country  whose  equipment  is  also  MSS/  ATC-  enabled.). 
56
 existing  commercial  satellite  infrastructure,  and  then  set  forth  the  numerous  ways  that  emergency  response  providers  are  using  commercial  satellite  services  to  enable  a  range  of  voice,  data,  video,  and 
 other  services,  often  in  situations  where  existing  terrestrial  infrastructure  is  degraded  or  non-  existent.  We  conclude  by  summarizing  the  ways  satellite  services  can  continue  to  play  a  role  in  supporting  emergency 
 response  providers. 
 II.  Background 
 A.  Existing  Satellite  Infrastructure 
 Space  segment.  The  space  segment  consists  of  the  satellites  in  orbit.  Each  satellite  consists  of  transponders,  which  receive  radio  signals,  amplify  them,  and  re-  transmit  them  back  to  earth,  usually  at  a 
 different  frequency  than  that  with  which  the  signal  was  received.  5  Commercial  satellites  typically  have  an  operational  lifespan  of  15  years  or  more.  An  FCC  satellite  license  generally  authorizes  the  satellite  to 
 serve  the  entire  United  States,  if  it  is  technically  capable  of  doing  so. 
 Comments  state  that  the  satellite  space  infrastructure  is  highly  suitable  for  use  by  emergency  response  providers.  For  example,  comments  stress  that  satellites  can  provide  ubiquitous  coverage, 
 including  urban  and  rural  areas,  6  waterways  and  coastal  areas,  7  the  nations  airspace,  8  and  the  territories  of  neighboring  nations.  9  Comments  also  assert  that  satellites  are  highly  reliable,  since  their  operational 
 altitudes  make  them  effectively  immune  from  natural  and  man-  made  disasters.  10  Furthermore,  comments  note  that,  because  satellites  are  generally  authorized  to  provide  nationwide  coverage,  they  can  deploy 


 2 
 5  Commercial  satellites  operate  in  two  broad  orbital  classes:  the  geostationary  orbit  (GSO)  and  non-  geostationary 
 orbit  (NGSO).  GSO  is  a  circular  orbit  along  the  plane  of  the  Earths  equator  at  an  altitude  of  35,  786  kilometers.  A  spacecraft  in  geostationary  orbit  can  be  maintained  at  a  constant  longitudinal  position  relative  to  the  Earth,  thus 


 allowing  the  satellite  to  be  seen  continuously  from,  and  at  a  fixed  orientation  to,  any  given  point  on  the  Earths  surface.  GSO  is  used  for  the  majority  of  satellite  video,  voice,  and  data  services,  as  well  as  for  direct-  to-  home  and 
 direct  broadcast  satellite  services.  All  other  orbits  are  classified  as  NGSO.  Because  NGSO  satellites  do  not  remain  at  a  constant  position  relative  to  the  Earth,  NGSO  systems  generally  require  a  constellation  of  multiple  satellites  in 
 order  to  provide  nation-  wide  or  global  coverage.  Today,  in  the  geosynchronous  orbit,  there  are  approximately  90  FCC-  licensed  active  commercial  communications  satellites  and  over  40  non-  U.  S.  satellites  authorized  to  serve  the 
 United  States.  In  non-  geostationary  orbits,  there  are  170  FCC-  licensed  satellites.  6 
 Iridium  Comments  at  2  (  One  of  the  greatest  benefits  to  emergency  responders  of  the  Iridium  system  is  its  expansive  geographic  coverage.  Iridiums  system  covers  all  operating  areas,  including  rural  areas  and  open 


 ocean.);  SIA  Comments  at  3  (  unlike  any  other  communications  technology,  satellites  are  capable  of  providing  truly  ubiquitous  coverage,  from  the  most  rural  areas  to  the  densest  urban  cores.  This  is  critically  important  in  remote 
 areas  that  lack  adequate  telecommunications  infrastructure.).  7 
 Iridium  Comments  at  2  (  Iridiums  system  already  provides  the  United  States  Coast  Guard  with  beyond  the  horizon  communications  over  all  U.  S.  waterways,  oceans,  and  polar  routes  using  a  single  phone,  a  single  frequency, 


 and  a  single  network.);  SIA  Comments  at  3-  4.  (  Moreover,  unlike  terrestrial  systems,  satellite  systems  provide  coverage  not  only  of  the  nations  land  mass,  but  of  the  skies  above  and  of  inland  and  surrounding  waterways  as 
 well.).  8 
 SIA  Comments  at  3-  4.  9 
 SIA  Comments  at  6-  7  (  satellites  can  even  allow  for  international  interoperability.  Satellites  provide  coverage  not  only  of  the  United  States,  but  of  Canada,  Mexico,  the  Caribbean,  and  points  beyond  as  well.). 


 10  SIA  Comments  at  5.  While  failures  of  satellites  in-  orbit  do  occasionally  occur,  many  satellite  operators  have  in-orbit 
 spares  that  are  capable  of  substituting  for  the  failed  satellite,  or  are  able  to  transfer  traffic  to  other  satellites.  Id. 
57
 resources  flexibly  to  areas  of  the  country  most  in  need  of  communications  capabilities.  11 
 Satellite  infrastructure  also  imposes  some  limitations.  Satellites  require  long  construction  lead  times  and  involve  considerable  costs.  12  In  addition,  a  commercial  satellite  cannot  be  reconfigured  once  in 
 orbit.  The  high  altitudes  used  by  satellites  can  also  result  in  latency  in  communications.  13  Although  latency  is  less  critical  for  data  or  broadcast  transmissions,  it  can  be  noticeable  where  immediate  response 
 is  necessary,  such  as  two-  way  voice  communications. 
 Ground  segment.  Some  satellites  can  communicate  directly  with  each  other  via  inter-  satellite  links,  but  most  satellite  communications  are  relayed  through  ground  facilities,  called  earth  stations.  An 
 earth  station  may  be  a  telemetry,  tracking  and  control  (TT&  C)  facility  that  monitors  and  controls  a  satellite.  It  may  also  be  a  hub  station  that  connects  remote  users  with  a  central  facility,  or  a  gateway 
 station  that  connects  satellite  users  to  the  public  switched  telephone  network  (PSTN)  or  other  terrestrial  networks.  Earth  stations  may  also  be  devices  familiar  to  the  public,  such  as  a  very  small  aperture  terminal 
 (VSAT)  14  atop  a  business  or  retail  store,  a  satellite  television  dish,  or  a  satellite  telephone. 
 Earth  stations  can  be  fixed  or  mobile.  Fixed  stations  are  located  at  a  specified  point  permanently,  or  may  be  moved  from  one  spot  to  another  within  the  licensed  service  area.  In  either  case,  most  fixed 
 stations  do  not  transmit  while  moving.  15  Mobile  earth  stations,  on  the  other  hand,  may  be  moving  during  transmissions.  The  FCC  licenses  earth  stations  either  individually  or  pursuant  to  a  blanket  license  that 
 allows  the  operation  of  a  large  number  of  technically  identical  stations.  The  FCC  typically  does  not  require  licenses  for  receive-  only  earth  stations  that  are  not  capable  of  transmitting. 


 3 
 11  SIA  Comments  at  6  (stating  that  a  fixed  satellite  link  serving  rural  education  with  a  continental-  United  States 
 (CONUS)  satellite  beam  could  readily  be  reassigned  to  support  a  disaster  recovery  application  in  a  different  place  in  the  country.  Similarly,  an  MSS  provider  could  divert  switched  capacity  from  one  portion  of  the  country  to  another 


 to  support  a  disaster  recovery  effort.).  12 
 Depending  on  the  complexity  of  the  satellite  mission,  it  can  take  from  30  months  to  7  years  to  design  and  construct  a  satellite  system.  Construction  and  launch  costs  for  a  satellite,  not  including  ground  equipment,  can  range 


 from  US  $180  million  to  US  $400  million  for  a  single  GSO  satellite,  to  several  billion  dollars  for  a  multi-  satellite  NGSO  satellite  constellation. 


 13  Latency  is  the  time  delay  between  when  a  transmission  is  sent  and  when  it  is  received.  Signals  must  be  sent  up  to 
 the  satellite  and  then  sent  down  to  Earth.  At  GSO  altitudes,  it  takes  about  a  quarter  of  a  second  for  this  trip.  Because  NGSO  satellites  frequently  operate  at  lower  altitudes,  the  total  path  is  shorter  and  the  delay  is  less. 


 14  A  network  of  small  remote  terminals,  such  as  a  VSAT  network,  generally  has  three  components:  (1)  A  central  hub 
 earth  station;  (2)  the  satellite;  and  (3)  a  virtually  unlimited  number  of  remote  terminals  in  various  locations  across  a  country.  Content  originates  at  the  hub  earth  station,  which  features  a  large  (4.  5  -11  meter)  antenna.  The  hub 


 controls  the  network  through  a  network  management  system.  Outbound  information  (from  the  hub  earth  station  to  the  remote  terminals)  is  sent  up  to  the  communications  satellite's  transponder,  which  receives  it,  amplifies  it,  and 
 beams  it  back  to  earth  for  reception  by  the  remote  terminals.  For  remote  terminals  that  are  authorized  to  both  send  and  receive,  the  remote  terminals  send  information  inbound  via  the  same  satellite  transponder  to  the  hub  earth 
 station.  This  arrangement,  where  all  network  communication  passes  through  the  network's  hub  processor,  is  called  a  "star"  configuration,  with  the  hub  station  at  the  center  of  the  star.  Mesh  configurations  also  allow  for  direct 
 communication  between  the  remote  terminals  (again,  where  authority  is  both  transmit  and  receive).  15 
 An  exception  is  Earth  Stations  onboard  Vessels  (ESVs),  which  are  classified  as  fixed  earth  stations  but  are  permitted  to  transmit  while  the  vessel  is  in  motion.  See  Procedures  to  Govern  the  Use  of  Satellite  Earth  Stations  on 


 Board  Vessels  in  the  5925-  6425  MHz/  3700-  4200  MHz  Bands  and  14.  0-  14.  5  GHz/  11.  7-  12.2  GHz  Bands,  Report  and  Order,  IB  Docket  No.  02-  10,  20  FCC  Rcd  674  (2005). 
58
 Comments  stress  that  the  flexible  nature  of  earth  stations  make  them  highly  reliable.  Although  earth  stations  are  susceptible  to  disasters  on  the  ground  or  electric  power  grid  failures,  satellite  operators 
 state  that  earth  stations  are  deployed  in  geographically  diverse  locations  to  avoid  a  single  point  of  failure.  16  Where  earth  stations  are  rendered  inoperable  in  a  crisis  or  natural  disaster,  they  can  often  be 
 replaced,  at  least  on  a  temporary  basis,  with  transportable  earth  stations  in  order  to  restore  communications.  17  Comments  indicate  that  satellite  services  often  use  off-  the-  shelf  equipment  that  is 
 small,  lightweight,  mobile,  and  that  is  often  available  on  either  a  purchase  or  rental  basis,  which  increases  its  flexibility  and  interoperability.  18  Furthermore,  comments  stress  that  earth  stations  typically  employ 
 digital  communications  with  a  high  degree  of  security.  19 
 Earth  stations  generally  require  line-  of-  sight  with  the  satellite.  As  a  result,  obstacles  such  as  buildings,  mountains,  or  heavy  foliage  may  block  satellite  signals.  To  avoid  signal  blockage,  satellite 
 operators  are  incorporating  terrestrial  transmitters  in  conjunction  with  their  satellite  networks.  For  example,  satellite  radio  operators  rely  on  terrestrial  repeaters  to  boost  satellite  signal  strength  in  areas 
 where  a  strong  signal  from  a  satellite  is  not  possible.  20  Mobile  satellite  telephony  operators  plan  to  add  an  ancillary  terrestrial  component  (ATC)  to  their  satellite  networks,  which  uses  terrestrial  transmitters  on  the 
 ground  for  communications  where  it  is  not  possible  to  communicate  with  a  satellite  directly.  21  In  addition,  repeaters  are  being  introduced  in  buildings  to  allow  the  use  of  satellite  consumer  handsets 
 indoors.  22 


 4 
 16  SIA  Comments  at  5. 
 17  For  examples  of  temporary  restoration  using  transportable  earth  stations,  see  the  Instant  Infrastructure 
 discussion,  infra.  18 
 Iridium  Comments  at  3-  4.  19 
 Iridium  Comments  at  3  (discussing  the  ability  to  implement  NSA  accredited  type  1  secure  encryption  capabilities  into  all  of  its  handsets);  MSV/  Hatfield  White  Paper  at  11  (discussing  implementation  of  Public  Key  Infrastructure 


 and  NSA  type  1  encryption  in  MSVs  ATC  network).  20 
 Establishment  and  Rules  and  Policies  for  the  Digital  Audio  Radio  Satellite  Service  in  the  2310-  2360  MHz  Frequency  Band,  Report  and  Order,  Memorandum  Opinion  and  Order  and  Further  Notice  of  Proposed  Rulemaking, 


 IB  Docket  No.  95-  91,  12  FCC  Rcd  5754  (1997).  21 
 The  Commission  issued  the  first  ATC  authorization  in  2004.  See  Mobile  Satellite  Ventures  Subsidiary  LLC,  Order  and  Authorization,  19  FCC  Rcd  22144  (Intl  Bur.  2004).  See  also  Flexibility  for  Delivery  of 


 Communications  by  Mobile  Satellite  Service  Providers  in  the  2  GHz  Band,  the  L-  Band,  and  the  1.  6/  2.4  GHz  Bands;  Review  of  the  Spectrum  Sharing  Plan  Among  Non-  Geostationary  Satellite  Orbit  Mobile  Satellite  Service  Systems  in 
 the  1.  6/  2.4  GHz  Bands,  Report  and  Order  and  Notice  of  Proposed  Rulemaking,  IB  Docket  Nos.  01-  185  and  02-  364,  18  FCC  Rcd  1962  (2003). 


 22  See,  e.  g.,  Applications  of  Iridium/  Eagle  Broadband  to  incorporate  terrestrial  signal  boosters  inside  buildings 
 (IBFS  File  Nos.  SES-  MOD-  20050927-  01329;  SES-  MOD-  20050927-  01330;  SES-  STA-  20050930-  01349;  SES-  STA-20050930-  01350). 
59
 B.  Spectrum  Resources  and  Satellite  Services 
 Commercial  satellites  communicate  generally  use  radiofrequencies  in  the  microwave  band,  with  frequencies  greater  than  one  gigahertz.  No  commercial  satellite  allocations  exist  in  the  700  MHz 
 frequency  band,  although  amateurs  conduct  satellite  communications  in  nearby  frequencies,  so  satellite  operations  are  technically  possible  at  these  frequencies.  23 


 II.  Use  of  Commercial  Satellite  Services  During  Emergencies 
 Although  satellite  telephony  is  most  frequently  cited  as  a  possible  component  in  a  nationwide  interoperable  emergency  communications  network,  other  commercial  satellite  services  are  currently  being 
 used  by  emergency  response  providers  as  well.  As  detailed  below,  commercial  satellite  services  are  already  being  used  today  by  local  police  and  fire  departments,  state  agencies,  the  United  States  Coast 
 Guard,  FEMA,  and  the  American  Red  Cross,  among  others.  24  Increased  integration  of  commercial  satellite  services  as  part  of  an  emergency  communications  network  is  possible  as  emergency  response 
 providers  become  familiar  with  the  capabilities  of  satellite  service  providers.  25 
 A.  Mobile  Telephony  and  Data 
 Satellite  telephones  are  repeatedly  relied  upon  by  emergency  response  providers  due  to  their  ability  to  operate  in  crises  and  disasters  when  existing  terrestrial  infrastructure  is  non-  existent  or  has  been 
 degraded  or  destroyed.  26  The  satellite  networks  of  mobile-  satellite  service  (MSS)  27  providers  were  utilized  in  the  aftermath  of  the  terrorist  attacks  of  September  11,  2001,  28  and  during  the  hurricane  season 


 5  (continued.) 
 23  There  may,  however,  be  some  impact  on  satellite  system  design  that  could  arise  from  operating  at  700  MHz.  For 
 example,  satellites  generally  use  high  gain,  highly  directive  antennas  because  they  need  to  receive  relatively  weak  signals  transmitted  at  a  great  distance.  These  highly  directive  antennas  also  permit  a  satellite  to  re-  use  frequencies 


 more,  thereby  increasing  the  systems  traffic  capacity.  At  lower  frequencies,  such  as  700  MHz,  antennas  on  a  satellite,  satellite  earth  station,  or  satellite  handset  would  have  to  be  bigger  in  order  to  obtain  the  same  gain  or 
 directivity.  In  some  cases,  it  may  not  be  feasible  to  have  larger  antennas.  Without  higher  gain  antennas,  power  consumption  and  re-  use  of  frequencies  might  be  constrained. 


 24  See  SIA  Comments  at  7. 
 25  See  TR  Daily,  Public  Safety  Agencies  Urged  to  Consider  Greater  Use  of  Satellites,  November  17,  2005 
 (reporting  that  the  public  safety  community  plans  to  ask  representatives  of  the  satellite  industry  to  make  presentations  at  its  conferences  to  familiarize  state  and  local  agencies  with  the  services  offered). 


 26  Iridium  Comments  at  2  (stating  that  independence  of  satellite  system  allows  organizations  operating  in  one  area 
 to  communicate  across  the  world  via  a  satellite  system  without  having  to  rely  on  terrestrial  systems  that  may  be  destroyed  during  a  disaster);  MSV/  Hatfield  White  Paper  at  13  (  Unlike  most  commercial  networks,  hybrid 


 satellite-  terrestrial  systems  can  be  used  when  the  local  power  grid  fails);  TerreStar  Comments  at  2  (  An  MSS/  ATC  system  is  uninterrupted  by  a  failure  in  the  power  grid;  handsets  can  seamlessly  switch  from  a  terrestrial  network  to  a 
 satellite  if  a  base  station  becomes  unavailable).  27 
 MSS  is  a  satellite  service  that  connects  mobile  earth  stations.  See  47  C.  F.  R.    2.1(  c).  MSS  systems  operate  in  several  different  frequency  bands  (such  as  L-  band  and  2  GHz)  and  utilize  both  GSO  and  NGSO  satellites  to  provide 


 mobile  voice  and  data  services  to  a  variety  of  mobile  terminals  (including  hand-  held  terminals)  and  to  fixed  terminals. 
 28  See  TerreStar  Comments  at  1,  citing  New  Part  4  of  the  Commissions  Rules  Concerning  Disruptions  to 
 Communications,  Report  and  Order  and  Notice  of  Further  Proposed  Rulemaking,  ET  Docket  No.  04-  288,  19  FCC  Rcd  16830,  16838  (2004)  (observing  that  after  September  11,  satellite  communications  .  .  .  were  used  to  initiate  the 
60
 of  2004.  29  Most  recently,  a  single  MSS  provider  deployed  more  than  10,000  satellite  phones  in  the  Gulf  Coast  in  the  aftermath  of  hurricane  Katrina,  and  another  MSS  provider  estimated  that  its  usage  levels 
 were  30  times  higher  than  average  in  the  Gulf  Coast  as  a  result  of  the  hurricane.  30  MSS  units  provide  interoperable  connections  between  emergency  responders  and  other  communications  networks,  31  and  can 
 even  link  U.  S.  emergency  response  providers  with  counterparts  in  neighboring  countries.  32  In  addition,  MSS  systems  can  be  designed  to  provide  priority  access  to  public  safety  operators  to  assure  reliable 
 communications  even  during  times  of  heavy  call  volumes.  33  As  MSS  systems  are  developed  commercially,  commenters  expect  that  the  cost  of  such  systems  will  decline,  their  capabilities  will 
 increase,  and  their  use  among  emergency  response  providers  will  become  more  widespread.  34 
 MSS  systems  are  not  limited  to  voice  communications  or  use  only  during  emergencies.  For  example,  the  New  Mexico  State  Police  (NMSP)  is  using  MSS  systems  in  order  to  provide  its  personnel 
 with  communications  capability  in  the  15%  of  the  state  that  is  not  covered  by  its  Land  Mobile  Radio  (LMR)  network.  35  By  using  existing  commercial  MSS  satellite  infrastructure,  NMSP  personnel  have 
 access  to  data-  access,  as  well  as  push-  to-  talk,  capabilities  throughout  all  of  New  Mexico,  both  during  normal  law  enforcement  operations  and  during  emergencies.  36 


 In  addition  to  this  existing  technology,  mobile  satellite  telephony  operators  are  adding  terrestrial  transmitters  as  an  ancillary  terrestrial  component  to  their  satellite  networks  in  the  near  future  to  permit 
 satellite-  based  communications  where  a  direct  line  of  sight  with  a  satellite  is  not  possible,  such  as  in  urban  areas  where  satellite  signals  can  be  blocked  by  buildings.  37 


 6 
 (Continued  from  previous  page) 
 (continued.) 
 movement  of  equipment  and  personnel  into  the  affected  areas  for  restoration  purposes  and  to  coordinate  [first  responders]  work.). 
 29  See  Peter  J.  Brown,  "Emergency  Communications:  Satellite  Solutions  Emerge  For  Disaster  Response,"  Via 
 Satellite,  January  2005,  at  22  (describing  use  of  mobile  satellite  telephones  by  state  emergency  agencies  during  hurricanes  Charlie,  Frances,  Ivan,  and  Jeanne  in  2004). 


 30  Sat  Phone  Surge  after  Katrina,  Wired  News,  September  7,  2005,  available  on-  line  at 
 http://  www.  wired.  com/  new/  print/  0,  1294,68768,00.  html).  31 
 Iridium  Comments  at  3  (observing  that  its  SkyConnect  terminals  are  frequently  linked  directly  to  hospitals  PBX  or  hotlines  to  ensure  communications  in  case  of  emergencies  such  as  hurricanes  or  disasters  in  which  normal 


 communications  are  disrupted.)  32 
 SIA  Comments  at  6-  7  (stating  that  international  scope  of  satellite  services  is  particularly  useful  in  facilitating  international  cooperation  in  areas  along  the  United  States  borders  with  Canada  and  Mexico.). 


 33  MSV/  Hatfield  White  Paper  at  13  (  MSV  is  designing  its  system  so  that,  in  the  case  of  emergency  events,  the 
 public  safety  operators  can  enjoy  priority  access  to  the  extent  necessary  to  preserve  public  safety  communications).  34 
 See  MSV/  Hatfield  White  Paper  at  12  (noting  that  hybrid  satellite-  terrestrial  systems  would  enable  public  safety  agencies  to  benefit  from  the  considerable  economies  of  scale  and  enhanced  functionalities  that  commercial 


 providers  can  offer);  SIA  Comments  at  7-  8  (noting  that  public  safety  agencies  will  benefit  from  the  next  generation  mobile-  satellite  systems  that  will  offer  smaller,  lighter,  and  more  powerful  portable  terminals). 


 35  MSV/  Hatfield  White  Paper  at  5. 
 36  MSV/  Hatfield  White  Paper  at  12. 
 37  The  Commission  issued  the  first  ATC  authorization  in  2004.  See  Mobile  Satellite  Ventures  Subsidiary  LLC, 
 Order  and  Authorization,  19  FCC  Rcd  22144  (IB  2004);  see  also  Flexibility  for  Delivery  of  Communications  by  Mobile  Satellite  Service  Providers  in  the  2  GHz  Band,  the  L-  Band,  and  the  1.  6/  2.  4  GHz  Bands;  Review  of  the 


 Spectrum  Sharing  Plan  Among  Non-  Geostationary  Satellite  Orbit  Mobile  Satellite  Service  Systems  in  the  1.  6/  2.4 
61
 B.  Instant  Infrastructure 
 Satellite  services  already  play  a  significant  role  in  ensuring  rapid  restoration  of  communications  infrastructure  in  the  aftermath  of  a  natural  disaster  or  crisis,  and  in  making  available  communications 
 infrastructure  to  emergency  response  providers  in  such  events.  Standing  alone,  temporary  fixed-  satellite  service  (FSS)  38  earth  stations  are  a  tremendous  asset  to  emergency  first  responders  by  providing  vital 
 communications  services.  When  linked  with  other  existing  off-  the-  shelf  technologies,  these  earth  stations  can  create  an  instant  communications  infrastructure  for  first  responders.  39  Particularly  compelling 
 examples  of  the  capability  of  FSS  satellite  services  to  provide  an  instant  communications  infrastructure  when  combined  with  other  existing  technologies  are  the  mobile  communications  centers  used  by  both 
 FEMA  and  the  American  Red  Cross.  These  vehicles  operate  as  temporary  FSS  earth  stations  and  are  capable  of  providing  data,  video,  or  voice  services.  40  The  American  Red  Cross  has  a  number  of  vehicles 
 that  allow  communications  on  a  wide  range  of  frequencies  across  disaster  areas.  During  the  response  to  hurricane  Katrina,  the  Red  Cross  vehicles  were  used  effectively  as  part  of  a  very  small  aperture  terminal 
 network  that  was  in  turn  combined  with  existing  technologies  such  as  Wi-  Fi  41  equipment  and  wireless 


 7 
 (Continued  from  previous  page)  GHz  Bands,  Report  and  Order  and  Notice  of  Proposed  Rulemaking,  IB  Docket  Nos.  01-  185  and  02-  364,  18  FCC 
 Rcd  1962  (2003).  38 
 FSS  is  a  satellite  service  that  connects  earth  stations  located  at  specified  fixed  points  or  at  variable  fixed  points  within  specified  areas.  See  47  C.  F.  R.    2.  1(  c).  FSS  networks  may  operate  with  either  GSO  or  NGSO  satellites,  and 


 are  licensed  to  operate  in  the  C-  (4/  6  GHz),  Ku-  (12/  14  GHz),  and  Ka-  bands  (18/  29  GHz)  to  provide  a  range  of  data,  voice,  and  video  services,  including  broadband  services. 
 39  While  MSS  devices  are  inherently  small  and  portable,  FSS  satellite  services  providers  are  also  utilizing  smaller 
 and  more  portable  earth  stations  that  can  be  brought  into  areas  where  terrestrial  communications  are  lacking.  Some  of  these  FSS  earth  stations  are  no  larger  than  a  suitcase  and  can  facilitate  a  large  array  of  communications  services. 


 See  AVL  Technologies,  Application  to  Modify  Blanket  Earth  Station  License  to  Add  50  Each  of  0.  75,  0.  96  and  1.  0  meter  Ku-  Band  Antennas,  Order  and  Authorization,  19  FCC  Rcd.  22,  086  (2004)  (modifying  AVLs  blanket  earth 
 station  license  to  add  50  each  of  0.75,  0.96  and  1.0  meter  temporary-  fixed  earth  station  antennas);  SWE-  DISH  Satellite  Communications,  Inc.,  Application  for  Authority  to  Operate  a  Single  Temporary-  Fixed  Earth  Station  in  the 
 Ku-  Band  Fixed-  Satellite  Service,  Order  and  Authorization,  19  FCC  Rcd.  16,  314  (2004)  (granting  Swedish  authority  to  operate  an  elliptical  0.90x0.66  meter,  transportable,  transmit/  receive  earth  station  designed  to  provide  an  Internet 
 Protocol  (IP)  gateway  capable  of  providing  various  services,  including  digital  video  news  gathering,  internet  connections  (including  VoIP),  broadband  access,  and  other  common  and  non-  common  carrier  services  and  designed 
 to  interface  with  numerous  other  electronic  devices  such  as  a  portable  computer,  Moving  Pictures  Expert  Group  (MPEG)  encoder  and  telephone  interface). 


 40  One  type  of  vehicle  used  by  FEMA  is  its  Multi-  Radio  Vehicle  (MRV)  which  comes  equipped  with  a  full  suite  of 
 communications  devices  including  a  Ku-  band  satellite  system  which  can  provide  connectivity  for  telephones,  Local  and  Wide  Area  Network  (LAN/  WAN),  compressed  video  teleconferencing,  and  Broadcast  Video.  For  more 


 information  on  FEMAs  mobile  communications  vehicles  go  to  http://  www.  fema.  gov/  rrr/  mers04.  shtm.  See  also  Peter  J.  Brown,  Satellites  Stand  by  High  above  the  Hot  Zone,  Via  Satellite,  August  01,  2005  (describing  the  use  of 
 satellite  technology  by  programs  such  as  the  Metropolitan  Medical  Response  System,  the  multi-  state  Emergency  Management  Assistance  Compact  and  the  Disaster  Management  Interoperability  Service  (DMIS)).  Other  industries 
 have  also  adopted  the  use  of  satellite  enabled  communications  vehicles  to  respond  to  disasters.  See  Emergency  Extension:  State  Farm  Insurance  can  Bring  Nodes  up  in  Disaster-  Torn  Areas  in  a  Matter  of  Hours, 
 NETWORKWORLD,  May  2,  2005  (describing  VSAT  kits  and  VSAT  vehicles  used  by  State  Farm  to  set  up  communications  centers  for  processing  claims). 


 41  Wi-  Fi,  short  for  Wireless  Fidelity,  is  a  term  used  generically  to  refer  to  any  product  or  service  using  the  802.  11 
 series  standards  developed  by  the  Institute  of  Electrical  and  Electronics  Engineers  (IEEE)  for  wireless  local  area  network  connections.  The  bandwidth  is  shared  among  multiple  users.  Wi-  Fi  enabled  wireless  devices,  such  as 


 laptop  computers  or  personal  digital  assistants  (PDAs),  can  send  and  receive  data  from  any  location  within  signal  (continued.) 
62
 laptops  to  allow  for  both  VoIP  telephone  services  and  data.  In  some  areas,  these  vehicles  provided  the  only  available  voice  communications.  42  Although  MSS  devices  offer  an  instant  mobile  infrastructure  for 
 emergency  responders,  like  fixed-  satellite  services  they  too  can  combine  with  other  technology  to  offer  innovative  solutions  for  first  responder.  43  For  example,  MSS  devices  can  be  combined  with  a 
 miniaturized  cellular  switch  or  pico  cell  site,  so  that  emergency  workers  can  use  their  existing  standard  cell  phones  to  call  anyone  on  the  PSTN,  or  other  workers  within  the  radius  of  the  pico  cell.  44 


 The  majority  of  satellite  services  provided  in  the  immediate  aftermath  of  hurricanes  Katrina,  Rita,  and  Wilma  were  provided  pursuant  to  the  operators  existing  licenses,  which  allowed  operators  to  rapidly 
 deploy  mobile  telephony,  data,  radio  and  television  services  to  the  region.  45  Additional  capacity  and  special  regulatory  measures  were  quickly  granted,  when  needed.  The  authorizations  granted  pursuant  to 
 special  regulatory  measures  46  illustrate  the  many  satellite  services  used  in  an  emergency.  For  example,  earth  stations  set  up  networks  for  data  transmissions,  internet  access,  and  information  sharing.  47 
 Similarly,  special  authorizations  were  also  granted  to  provide  connections  for  communications  with  emergency  response  providers.  48  Satellite  services  were  also  critical  in  the  restoration  of  critical 


 8 
 (Continued  from  previous  page)  reach  of  a  Wi-  Fi  equipped  base  station  or  access  point  (AP).  Typically,  mobile  devices  must  be  within 
 approximately  300  feet  of  a  base  station.  42 
 See  VoIP  Demonstrates  Strengths  in  Katrina  Aftermath,  New  Telephony,  September  6,  2005,  available  on-  line  at  http://  www.  newtelephony.  com/  news/  59h6122947.  html. 


 43  See  discussion  of  Mobile  Telephony  and  Data,  supra. 
 44  See  Globalstar  Press  Release,  Globalstar  Develops  Wireless  Emergency  Management  Communications  System 
 for  Disaster  Response,  October  4,  2005,  available  on-  line  at  http://  www.  globalstar.  com/  en/  news/  pressreleases/  press_  display.  php?  pressId=  384. 


 45  The  ability  to  deploy  satellite  infrastructure  rapidly  is  due  in  large  part  to  the  flexibility  of  the  Commissions  rules 
 and  licensing  process.  46 
 The  Communications  Act  of  1934,  as  amended,  provides  the  Commission  with  the  authority  to  grant  temporary  authorizations  in  extraordinary  circumstances  where  such  temporary  operations  are  in  the  public  interest  and  delay 


 in  operation  would  prejudice  the  public  interest.  47  U.  S.  C.    309(  f).  The  Commissions  Rules  governing  the  issuance  of  special  temporary  authority  (STA)  are  set-  forth  at  47  C.  F.  R.    25.  120  for  satellite  services  and  147 
 C.  F.  R.    1.931  for  wireless  services.  47 
 See  e.  g.,  IBFS  File  Nos.  SES-  STA-  20050908-  01224  (granting  special  authority  to  operate  a  1.  0  meter  antenna  to  communicate  with  SATMEX-  5  or  Intelsat-  Americas-  7  satellites);  SES-  STA-  2005-  0908-  0122  (granting  special 


 authority  to  operate  a  1.2  meter  transportable  satellite  dish  on  a  Humvee  to  provide  free  VoIP  and  internet  access  in  relief  area). 
 48  See  e.  g.,  IBFS  File  Nos.  SES-  STA-  20050927-  01328  (granting  special  authority  to  operate  a  conventional  Ku-band 
 VSAT  network  (a  1.8  meter  hub  earth  station  and  twenty  1.2  meter  remote  terminals)  to  provide  service  to  FEMA);  SES-  STA-  20050922-  01310  (granting  special  authority  to  use  a  .96  meter  Ku-  band  antenna  to  provide 


 service  to  Motorola  in  support  of  the  Louisiana  state  police);  SES-  STA-  20050916-  01269  (granting  special  authority  to  operate  approximately  twelve  fixed,  common  carrier,  transmit/  receive  remote  earth  stations  in  southern 
 Mississippi  and  southern  Louisiana  to  provide  voice  and  data  interconnectivity  and  Internet  access  to  the  Florida  Emergency  Operations  Center  and  the  Florida  Department  of  Law  Enforcement  in  their  disaster  relief  efforts 
 following  hurricane  Katrina);  see  also  Letter  to  Raul  R.  Rodriguez,  Esq.,  Counsel  to  MTN,  from  Scott  A.  Kotler,  Chief,  Systems  Analysis  Branch,  Satellite  Division,  International  Bureau,  20  FCC  Rcd  16591  (2005)  (granting  a 
 waiver  of  Section  25.  221  of  the  Commissions  rules  to  allow  operation  of  three  2.4  meter  C-  Band  earth  stations  on  cruise  line  ships  in  the  Gulf  Coast  to  connect  ships  to  Cingular  trunk  lines). 
63
 communications  for  construction  companies,  utilities,  and  oil  refineries.  49 
 C.  Medical  Assistance 
 MSS  systems  are  being  used  to  provide  integrated  voice  and  data  applications  to  link  medevac  helicopters  with  hospital  and  operation  centers.  50  Some  emergency  responders  are  already  using  satellite 
 systems  for  live  mobile  videoconferencing  and  consultation  in  order  to  assist  medical  first  responders  during  transit.  51  Satellites  could  also  be  used  in  the  future  to  set  up  telemedicine  systems  just  outside  the 
 hot  zone  to  provide  care  for  victims  of  a  public  health  emergency.  52  Such  satellite  telemedicine  systems  would  connect  physicians  across  the  country  with  emergency  response  providers  and  could  obviate  the 
 need  to  move  a  large  number  of  physicians  near  the  hot  zone. 
 D.  Mass  Communications 
 Satellite  systems  have  been  used  to  broadcast  information  to  the  public  and  to  emergency  service  providers  during  crises  and  natural  disasters.  Satellite  television  53  and  satellite  radio  54  are  now  integrated 
 into  the  national  Emergency  Alert  System  (EAS).  55  During  the  aftermath  of  hurricane  Katrina,  satellite  television  and  radio  provided  around  the  clock  information  on  recovery  and  relief  efforts,  including  to 
 areas  where  terrestrial  broadcasting  facilities  were  limited  or  inoperable.  56  Satellite  television  and  radio 


 9 
 49  See  e.  g.,  IBFS  File  Nos.  SES-  STA-  20050907-  01217  (granting  special  authority  to  operate  ten  conventional  Ku-band 
 VSAT  remote  .96  meter  terminals  to  reinitiate  services  lost  by  hurricane  Katrina);  SES-  STA-  20050930-  01348  (granting  special  authority  to  operate  a  2.4  meter  conventional  C-  Band  transmit/  receive  earth  station  on  an  oil 


 platform  in  the  Gulf  of  Mexico  to  provide  digital  voice  and  data  services).  50 
 Iridium  Comments  at  4  (noting  use  of  MSS  system  with  medevac  helicopters  to  transmit  information  such  as  flight  times,  text  messaging,  weather  requests,  maintenance  requests,  engine  monitoring,  flight  tracking,  medical 


 emergency  support,  and  email).  51 
 See  Peter  J.  Brown,  Satellites  Stand  By  High  Above  the  Hot  Zone,  Via  Satellite,  August  2005  at  33  (noting  use  of  MSS  systems  to  provide  multiple  video  feeds  from  cameras  installed  in  the  back  and  sides  of  ambulances  to  allow 


 remote  visual  and  voice  monitoring  of  the  emergency  scene  and  of  the  patient  during  transit).  52 
 See  id.  53 
 Satellite  television  consists  of  the  Direct  Broadcast  Satellite  (DBS)  service  and  Direct-  to-  Home  (DTH)  service.  DBS  and  DTH  chiefly  utilize  GSO  satellites.  The  distinguishing  feature  between  DBS  and  DTH  services  is  the 


 frequency  band  used  for  transmissions  to  the  subscriber.  DBS  operates  its  transmissions  to  subscribers  in  the  12.  2-12.7  GHz  frequency  band,  whereas  DTH  operates  subscriber  transmissions  in  the  C-,  Ku-,  and  Ka-  bands. 
 54  Satellite  radio,  or  Satellite  Digital  Audio  Radio  Service  (SDARS),  is  a  new  radiocommunication  service  in  which 
 audio  programming  is  digitally  transmitted  by  one  or  more  satellites  directly  to  subscribers  at  home,  in  cars,  and  elsewhere.  47  C.  F.  R.    25.  201.  SDARS  can  be  provided  by  both  GSO  and  NGSO  satellites. 


 55  Review  of  the  Emergency  Alert  System,  First  Report  and  Order,  EB  Docket  No.  04-  296,  ___  FCC  Rcd  ___,  FCC 
 05-  191  (rel.  Nov.  10,  2005).  56 
 DirecTV  News  Release,  DIRECTV  Launches  Dedicated  Hurricane  Katrina  Information  Channel,  September  2,  2005,  available  on-  line  at  http://  www.  techweb.  com/  wire/  ebiz/  170700326;  Press  Release,  Red  Cross  Radio 


 Launches  on  XM  Satellite  Radio,  September  7,  2005,  available  on-  line  at  http://  www.  xmradio.  com/  newsroom/  press_  releases.  jsp.  XM  Radio  also  offers  an  Emergency  Alert  Channel  (XM 
 Channel  247),  which  provides  warning  of  natural  disasters  and  provides  updates  on  clean-  up,  road  closures,  school  closings,  and  other  information  from  federal  and  local  governments,  law  enforcement,  and  other  agencies.  See  id. 
64
 were  also  used  to  relay  information  from  FEMA  to  evacuees  and  relief  works  in  shelters.  57 
 E.  Satellite  Imaging  and  Damage  Assessment 
 Earth  Exploration  Satellite  Service  (EESS)  provides  satellite  imagery  of  the  earth  that  is  often  combined  with  terrestrial  data,  geographic  information,  and  lower-  altitude  images  taken  from  aircraft.  58 
 Emergency  first  responders  often  rely  on  EESS  imagery  for  wide-  scale  mapping  of  hurricane  and  flood  impact  zones.  For  example,  satellite  imaging  was  used  by  the  Civil  Air  Patrol  (CAP)  to  determine  the 
 extent  of  the  damage  caused  by  hurricane  Katrina.  59  Satellite  imagery  can  be  available  in  near  real-  time,  which  allows  emergency  operations  centers  to  better  plan  assistance  for  disaster  victims  and  assess 
 property  damage.  60 
 F.  Asset  Tracking  and  Navigation 
 Commercial  MSS  networks  facilitate  automatic  vehicle  location  systems  that  relay  the  positions  of  emergency  vehicles  to  a  central  location,  allowing  dispatchers  to  find  quickly  the  closest  available  unit 
 to  respond  to  a  call;  to  view  all  vehicles  as  they  travel  emergency  routes  and  to  evaluate  the  efficiency  of  the  response  in  transit;  and  to  adjust  route  directions  to  real-  time  traffic  conditions.  Automatic  vehicle 
 location  uses  satellite  global  positioning  systems  to  pinpoint  the  precise  location  of  each  emergency  vehicle.  This  satellite-  based  technology  provides  real-  time  location  and  direction  of  traveling  vehicles. 
 With  the  increased  capability  that  automatic  vehicle  location  systems  provide,  emergency  agencies  can  more  effectively  coordinate  emergency  efforts  with  other  agencies.  61  Satellite-  based  vehicle  tracking 
 systems  also  facilitate  secure  transportation  of  dangerous  and  high-  value  loads.  Satellites  are  also  essential  to  tracking  maritime  assets  in  transit,  both  for  port  security  purposes  and  for  shipping 
 companies  load  management. 
 The  Radio  Navigation  Satellite  Service  (RNSS)  62  provides  enhancements  to  the  U.  S.  Global  Positioning  System  and  is  key  to  the  Federal  Aviation  Administrations  Wide-  Area  Augmentation  System 


 10 
 57  FEMA  News  Release,  Dish  Satellite  TV  Network  And  XM  Satellite  Radio  Deliver  FEMA  Information  To 
 Shelters,  September  17,  2005,  available  on-  line  at  http://  www.  fema.  gov/  news/  newsrelease.  fema?  id=  18980.  58 
 The  EESS  is  a  radiocommunication  service  between  earth  stations  and  one  or  more  space  stations,  which  may  include  links  between  space  stations,  in  which:  (1)  information  relating  to  the  characteristics  of  the  Earth  and  its 


 natural  phenomena,  including  data  relating  to  the  state  of  the  environment,  is  obtained  from  active  sensors  or  passive  sensors  on  Earth  satellites;  (2)  similar  information  is  collected  from  airborne  or  Earth-  based  platforms;  (3)  such 
 information  may  be  distributed  to  earth  stations  in  the  system  concerned;  and  (4)  platform  interrogation  may  be  included.  EESS  can  be  provided  by  both  GSO  and  NGSO  satellites. 


 59  See  CAP  Assessing  Hurricane  Impact  in  Florida,  available  on-  line  at  http://  www.  cap.  gov/  sdis/. 
 60  See  id.  Next-  generation  EESS  satellites  recently  licensed  by  the  FCC  will  make  possible  even  shorter  turnaround 
 time  for  images  of  developing  catastrophic  events,  as  well  as  sub-  meter  resolution  of  images.  See,  e.  g.,  DigitalGlobe,  Inc.  Modification  of  Authorization  to  Construct,  Launch  and  Operate  a  Remote-  Sensing  Satellite 


 System,  Order  and  Authorization,  20  FCC  Rcd  15696  (IB  2005)  (authorizing  the  launch  and  operation  of  three  NGSO  satellites  to  further  the  delivery  of  enhanced  next-  generation  imaging  services  to  government  and 
 commercial  users).  61 
 For  more  information,  see  U.  S.  Department  of  Transportation,  Intelligent  Transportation  Systems  project,  available  on-  line  at  www.  its.  dot.  gov. 


 62  Radio  Navigation  Satellite  Service  (RNSS)  uses  the  propagation  properties  of  radio  waves  for  the  determination 
 of  the  position,  velocity  and/  or  other  characteristics  of  an  object.  See  47  C.  F.  R.    2.  1(  c). 
65
 (WAAS).  WAAS  provides  an  extremely  accurate  navigation  system  for  civil  aviation  and  allows  precision  landing  approaches  in  all  weather  conditions  at  all  locations  throughout  the  United  States.  63 
 Such  capability  would  greatly  enhance  the  ability  of  emergency  response  providers  to  reach  affected  areas,  where  terrestrial  aircraft  navigation  systems  have  been  degraded  or  rendered  inoperable.  The 
 Commission  has  recently  granted  an  authorization  for  operation  of  an  new  RNSS  space  station,  which  was  successfully  placed  into  orbit  on  September  9,  2005.  64 


 III.  Conclusion 
 The  record  in  this  proceeding  reflects  the  fact  that  commercial  satellite  services  are  already  being  used  by  emergency  response  providers  as  part  of  their  emergency  communications  networks,  either  as 
 stand-  alone  platforms  or  as  part  of  an  integrated  satellite-  terrestrial  network.  In  addition,  recent  disasters  such  as  hurricane  Katrina  have  highlighted  the  ability  of  satellite  services  to  continue  operating  when 
 existing  terrestrial  infrastructure  is  non-  existent  or  has  been  degraded  or  destroyed.  Increased  integration  of  commercial  satellite  services  as  a  key  component  of  interoperable,  multi-  platform  emergency  response 
 networks  seems  likely,  especially  as  emergency  response  providers  become  increasingly  familiar  with  the  capabilities  of  satellite  service  providers.  Furthermore,  commercial  satellite  operators  are  poised  to 
 provide  interoperable,  broadband  mobile  communications  infrastructure  based  on  the  high  degree  of  flexibility  permitted  within  the  commercial  satellite  spectrum,  enabling  new  commercial  satellite 
 technologies  to  develop  and  become  affordable  as  off-  the-  shelf  solutions  to  the  needs  of  emergency  response  providers.  65 


 11 
 63  For  more  information,  see  U.  S.  Federal  Aviation  Administration,  WAAS  project,  available  on-  line  at 
 http://  gps.  faa.  gov/  Programs/  WAAS/  waas.  htm.  64 
 See  Lockheed  Martin  Corp.,  Order  and  Authorization,  20  FCC  Rcd  14558  (IB  Sat.  Div.  2005).  65 
 See  MSV/  Hatfield  White  Paper  at  12  (noting  that  hybrid  satellite-  terrestrial  systems  would  enable  public  safety  agencies  to  benefit  from  the  considerable  economies  of  scale  and  enhanced  functionalities  that  commercial 


 providers  can  offer);  SIA  Comments  at  7-  8  (noting  that  public  safety  agencies  will  benefit  from  the  next  generation  mobile-  satellite  systems  that  will  offer  smaller,  lighter,  and  more  powerful  portable  terminals). 
66
 Appendix  D 
 Projects  to  Enhance  Capabilities  of  Emergency  Response  Providers 
 State  and  local  public  safety  entities  have  explored  various  innovative  approaches  to  improve  interoperability  and  communications  capacity.  Some  of  these  solutions  involve  sharing  spectrum, 
 infrastructure,  or  both,  with  federal  or  private  users,  as  discussed  previously  in  the  report.  Other  projects  or  proposals,  some  of  which  would  require  additional  allocations  of  public  safety  spectrum,  utilize 
 advanced  technologies  to  improve  public  safety  communications  systems.  Set  forth  below  are  examples  of  recent  efforts  to  enhance  the  capabilities  of  emergency  response  providers: 


 Washington,  D.  C.  s  Office  of  Chief  Technology  Officer  Program.  Motorola  and  FPIC  contend  that  a  trial  program  known  as  WARN  (Wireless  Accelerated  Responder  Network),  operated  by  the 
 Washington,  D.  C.  Office  of  Chief  Technology  Officer  (OCTO)  pursuant  to  temporary,  experimental  licenses  issued  by  the  Commission,  shows  significant  promise.  Motorola  describes  the  OCTO  program  as 
 a  pilot  project  for  a  citywide  broadband  wireless  system  to  provide  emergency  response  providers  the  ability  to  use  video  communications  and  other  technologically  advanced  applications  to  enhance  public 
 safety.  1  FPIC  states  that  OCTO  demonstrates  full,  core  data  communications  interoperability.  2  Motorola  adds  that  implement[  ing]  such  wide-  area  systems  on  a  regional/  metro  basis  [would]  require  .  .  . 
 more  dedicated  spectrum.  3  According  to  the  Spectrum  Coalition,  the  OCTO  trial  network  is  an  Internet  Protocol  (IP)  network  that  can  more  easily  support  any  combination  of  data,  video  and  voice  traffic,  and 
 is  particularly  well  equipped  to  extend  any  desktop  applications  to  deployed  first  responders.  4  Spectrum  Coalition  explains  that  because  the  OCTO  program  runs  on  a  private  network  as  well  as  part  of  the 
 Washington,  D.  C.  governments  wide  area  network,  which  uses  firewalls  and  IP  addresses,  OCTO  is  intrinsically  safer  than  a  commercial  network.  5  Further,  the  coalition  stresses  that  the  D.  C.  pilot 
 network  makes  clear  that  sustaining  broadband  data  connections  require  much  greater  signal  levels  than  do  narrowband  voice  and  thus  additional  permanent  700  MHz  spectrum  is  needed.  6 


 Statewide  Wireless  Network  -  New  York.  According  to  NYOT-  SWN,  the  state  of  New  York  plans  to  build  a  Statewide  Wireless  Network  (SWN).  NYOT-  SWN  reports  that  the  SWN  will  provide  digital, 
 trunked  architecture  that  will  offer  both  voice  and  data  capabilities  for  disaster  and  emergency  situations  and  for  enhancement  of  international  coordination  along  the  U.  S./  Canadian  border.  7  NYOT-  SWN  states 
 that  its  proposed  network  seeks  to  fill  an  increased  need  for  specialized  communications  capabilities  and  for  interoperability  between  agencies.  8  The  office  asserts  that,  as  the  number  of  local  agencies  on  the 


 1  Motorola  Comments  at  7,  n.  13. 
 2  FPIC  Comments  at  5. 
 3  Motorola  Comments  at  6.  See  also  Spectrum  Coalition  Comments  at  12-  13. 
 4  Spectrum  Coalition  Comments  at  12. 
 5  Id. 
 6  Id.  at  13-  14.  We  note  that  the  Spectrum  Coalition  also  filed  a  white  paper  in  the  instant  docket.  See  Letter  from 
 Bill  Butler,  Spectrum  Coalition  for  Public  Safety,  to  Marlene  H.  Dortch,  Secretary,  FCC,  WT  Docket  No.  05-  157  (Oct.  27,  2005)  (appending  Public  Safety  Spectrum:  How  Much  Do  We  Need  for  Data?)  (Spectrum  Coalition  White 


 Paper).  7 
 See  NYOT-  SWN  Comments  at  2.  8 
 Id.  at  4. 
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 planned  system  increases,  migrating  from  VHF  and  UHF  channels,  the  system  will  require  additional  channels  to  support  the  traffic  loading  increases  in  more  highly  populated  areas,  and  adds  that  the  use  of 
 inter-  system  gateways  as  a  mechanism  to  bring  non-  SWN  systems  on  to  the  SWN  will  require  additional  channels.  9  NYOT-  SWN  submits  that  additional  channels  for  the  SWN  will  need  to  come  from 
 spectrum  that  is  immediately  proximate  to  the  current  700  and  800  MHz  public  safety  bands.  10 
 The  Capital  Wireless  Integrated  Network.  The  Capital  Wireless  Integrated  Network  (  CapWIN),  offers  interoperable  first  responder  data  communication  and  information  sharing  through  a 
 suite  of  applications  to  the  law  enforcement  agencies  located  in  Maryland,  Virginia  and  Washington,  D.  C.  11  According  to  its  website,  public  safety  agencies  in  these  regions  connect  to  CapWIN  either  over  a 
 hard  wired  connection  from  an  agency's  network  or  a  "wireless  connection  such  as  802.11x,  CDPD,  CDMA  (1xRTT,  EDVO),  GSM,  GPRS,  800  MHz  or  other  wireless  infrastructure,  12  and  have  access  to 
 (1)  private  and  Internet  Virtual  Private  Networks  (VPNs)  that  connect  to  participating  agencies  networks  and  wireless  service  providers;  (2)  redundant  configurations  to  ensure  operation  during  hardware, 
 software  or  power  failure;  (3)  extensive  use  of  commercial-  off-  the-  shelf  software;  and  (4)  an  open  scalable,  reliable  Web-  based  architecture.  13  Among  other  tools,  CapWINs  application  suite  enables 
 incident  management  and  coordination  across  agencies,  regions,  and  public  safety  and  transportation  disciplines  and  provides  secure  one-  to-  one  and  group  public  and  private  discussions.  14  FRC  reports  that 
 CapWIN  enable[  s]  and  enhance[  s]  communications  for  first  responders  during  critical  incident  responses  by  integrating  data  and  messaging  systems  in  the  first  multi-  state,  inter-  jurisdictional  transportation  and 
 public  safety  integrated  wireless  network  in  the  United  States.  15  NY  Westchester  County  adds  that  the  CapWIN  application  is  an  enormous  success  for  these  jurisdictions,  even  though  they  are  dependent 
 upon  a  variety  of  commercial  communications  services.  16 
 Mobile  Satellite  Service  -  New  Mexico  State  Police.  With  respect  to  statewide  programs,  MSV  provides  service  to  the  New  Mexico  State  Police  Department  (New  Mexico  State  Police).  The  New 
 Mexico  State  Police  use  MSVs  satellite  Push-  to-  Talk  and  data  services  to  enhance  the  forces  communications  capabilities  across  the  remote  and  rural  parts  of  the  state.  17  According  to  MSV,  without 
 this  use  of  satellite  technology,  the  New  Mexico  State  Police  LMR  system  would  not  reach  fifteen  percent  of  the  state,  and  would  be  limited  to  voice  communications.  18  MSV  explains  that  its  satellite  system, 
 together  with  an  Ancillary  Terrestrial  Component  (ATC),  provides  numerous  benefits,  including  the  fact  that  the  system  can  be  used  when  the  power  grid  fails  because  ATC  handsets  can  switch  seamlessly 
 between  the  terrestrial  network  (when  a  base  station  is  operating  nearby)  and  a  satellite  network  (when 


 9  Id. 
 10  Id. 
 11  See  http://  www.  capwin.  org. 
 12  See  id. 
 13  See  id. 
 14  See  id. 
 15  FRC  Comments  at  2-  3. 
 16  NY  Westchester  County  Comments  at  5. 
 17  See  MSV  Comments  at  11. 
 18  See  id.  at  3,  11. 


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 there  are  no  base  stations  in  the  area).  19  MSV  also  states  that  its  system  permits  emergency  response  providers  to  have  priority  access  coverage,  and  provides  the  flexibility  to  create  ad  hoc  user  groups  with 
 Push-  to-  Talk  functionality  through  a  large  group  dispatch  service.  20 
 Los  Angeles  County  Spectrum  Efficiency  Demonstration  System.  Consulting  firm  Interoperable  Wireless  suggests  that  Congress  consider  designating  Los  Angeles  County  as  the  site  of  a  proposed 
 national  Spectrum  Efficiency  Demonstration  System  (SEDS).  21  Interoperable  Wireless  submits  that  its  proposal  to  deploy  the  firms  SEDS  project  in  Los  Angeles  County  would  demonstrate  that  spectrum 
 efficiency  techniques  used  in  the  UHF  and  VHF  bands  would  be  suitable  for  deploying  high-  speed  data  services.  22  Specifically,  Interoperable  Wireless  reports  that  the  firms  spectrum  efficiency  techniques   
 can  be  combined  to  compress  80  MHz  or  more  of  public  safety  voice  services  into  only  8  MHz.  This  in  turn  will  open  up  40  to  50  MHz  of  current  spectrum  in  VHF/  UHF  now  used  for  public  safety  voice  for 
 desperately  needed  high  speed  data  services    far  more  than  the  12  MHz  currently  allocated  by  FCC/  NCC  in  the  elusive  700  MHz  band.  23  The  firm  also  explains  that  this  project  would  create  a  spectrally 
 efficient  template  in  Los  Angeles  that  could  be  replicated  elsewhere,  would  serve  to  resolve  spectrum  scarcity,  create  interoperability,  and  open  economies  of  scale  for  purchasing  equipment  and  obtaining 
 funding.  24 


 19  See  id.  at  11-  12. 
 20  See  id. 
 21  See  Interoperable  Wireless  Comments  at  23. 
 22  See  id.  at  23. 
 23  Id.  (emphasis  in  original). 
 24  See  id.  at  24. 


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 Appendix  E 
 Improving  Public  Safety  Communications  in  the  800  MHz  Band 
 New  band  plan.  On  July  8,  2004,  the  Commission  adopted  the  800  MHz  Report  and  Order  (800  MHz  R&  O)  providing  a  two-  pronged  solution  to  the  problem  of  800  MHz  band  public  safety 
 radio  systems  receiving  interference.  First,  the  Commission  adopted  a  plan  to  reconfigure  the  800  MHz  band  to  separate  public  safety  and  Critical  Infrastructure  Industry  (CII)  entities  from 
 commercial  wireless  carriers,  such  as  Nextel.  Second,  the  Commission  adopted  a  specific  technical  standard  regarding  what  constitutes  unacceptable  interference  to  emergency  response 
 providers  and  CII  (e.  g.,  utilities)  and  holds  commercial  carriers  strictly  responsible  for  complying  with  this  standard. 


 On  December  22,  2004,  the  Commission  released  the  800  MHz  Supplemental  Order  that  reaffirmed,  modified,  and  clarified  certain  aspects  of  the  800  MHz  R&  O.  On  October  5,  2005,  the 
 Commission  addressed  petitions  for  reconsideration  of  the  800  MHz  R&  O  and  the  800  MHz  Supplemental  Order  as  well  as  a  request  for  waiver  and  a  request  for  declaratory  ruling  in  a 
 Memorandum  Opinion  and  Order  in  the  800  MHz  proceeding. 
 Under  the  previous  band  plan,  the  800  MHz  band  was  configured  as  follows: 


 General  Category  Interleaved  Spectrum  (P.  S., 
 B/  ILT  &  ESMR) 
 ESMR  (Upper  200) 


 806  809.  75  821  816  824 


 Base  Station  Transmit  Frequencies  (in  MHz)  851  854.  75  866  861  869 


 Mobile  and  Control  Station  Transmit  Frequencies  (in  MHz) 
 700  MHz  Pub. 
 Saf.  Cellular 
 NPSPAC  (Public 


 Safety) 


 Interference    Pub.  Saf.  Channels*  Interleaved 
 With  ESMR 


 Interference    NPSPAC  Band  Sandwiched 
 Between  ESMR  and  Cellular 


 =  Public  Safety  Channels  =  ESMR  &  Cellular  Channels 
 (Source  of  Interference) 


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 Under  the  new  band  plan  adopted  in  the  800  MHz  R&  O,  the  800  MHz  band  will  be  configured  as  follows: 
 Base  Station  Transmit  Frequencies  (in  MHz) 
 851  854  860  862  869  861 


 *No  public  safety  system  will  be  required  to  remain  in  or  relocate  to  the  Expansion  Band;  although  they  may  do  so  if  they  choose. 
 **  No  public  safety  or  CII  licensee  may  be  involuntarily  relocated  to  occupy  the  Guard  Band. 


 NPSPAC 
 809  NPSPAC 
 (Public  Safety)  ESMR 
 Public  Safety  B/  ILT 


 Non-  Cellular  SMR  Expansi 
 on 
 Band*  Guar  d  Band** 


 817  806  809  815  824  816 


 Cellular  700  MHz  Public  Safety 
 (Base) 


 700  MHz  Public  Safety 


 (Mobile) 


 764  762  776  792  747  777  794 
 806  824 
 849  851 


 ATG 
 A  C  DD  C  A  B  BA  A  B  B  800  MHz 


 Band 


 Mobile  and  Control  Station  Transmit  Frequencies  (in  MHz) 


 Upper  700  MHz  Commercial   
   700  MHz  Commercial  and  700  MHz  Guard 
 Band  do  not  have  specified  Base  and  Mobile  channels 


 =  700  MHz  Guard  Band   
 869 


 894 


 Mobile 
 Base 
 Upper  700  MHz  Commercial   


 851 


 Transition.  On  October  29,  2004,  the  Commission  approved  a  Transition  Administrator  (TA),  an  independent  party  responsible  for  managing  the  relocation  process  and  ensuring  a  smooth 
 transition  to  the  new  800  MHz  band  plan.  The  TA  is  presently  tasked  with  the  administration  and  financial  aspects  of  the  band  reconfiguration  process  to  ensure  that  reconfiguration  is  achieved 
 with  minimal  disruption  to  licensees,  particularly  public  safety  entities. 
 o  On  March  11,  2005,  the  Commission  approved  the  basic  reconfiguration  schedule  developed  by  the  TA.  Band  reconfiguration  will  occur  on  a  NPSPAC-  by-  NPSPAC- 
 region  basis.  The  TA  reconfiguration  plan  assigns  each  of  the  fifty-  five  NPSPAC  regions  to  one  of  four  staggered  prioritization  waves  as  shown  in  the  map  below. 


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 o  On  May  27,  2005,  the  Wireless  Telecommunications  Bureau  (Bureau)  released  a  PN  announcing  a  June  27,  2005  start  date  for  the  band  reconfiguration  (non-  NPSPAC 
 channels)  for  NPSPAC  regions  assigned  to  Wave  1.  The  PN  also  started  the  36-  month  clock  for  completion  of  the  band  reconfiguration. 


 o  On  September  2,  2005,  the  Bureau  released  a  PN  announcing  an  October  3,  2005  start  date  for  the  band  reconfiguration  (non-  NPSPAC  channels)  for  NPSPAC  regions  assigned 
 to  Wave  2.  The  PN  also  moved  the  Louisiana  NPSPAC  region  (#  18)  from  Wave  2  to  Wave  3. 


 o  On  December  2,  2005,  the  Bureau  released  a  PN  announcing  an  January  3,  2005  start  date  for  the  band  reconfiguration  (non-  NPSPAC  channels)  for  NPSPAC  regions  assigned 
 to  Wave  3. 


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72