During a workshop of the Technical Advisory Board for First Responder Interoperabilty at the Federal Communications Commission this week, Matt Schnell, Supervisor of Telecommunications at Nebraska Public Power District (NPPD) explained that utilities and public safety have been able to successfully share a VHF radio system with the state of Nebraska. He explained how NPPD implemented security through a "private path" on the utility side of the network with firewalls on all customer touch points. His main point was that interoperability was a process, as well as a technical issue. "Teamwork has been critical to the success of the shared network," His full remarks, as well as those of the other panelists during the workshop are available via streaming video from the FCC Live website.

The staff of the Federal Communications Commission (FCC) Public Safety and Homeland Security Bureau (PSHSB) filed a "non-binding" memorandum on the minimum interoperability requirements for the 700 MHz Public Safety Broadband Network (700 MHz PSBN) in FCC Docket No. 12-74. The memo was sent to the Technical Board for First Responder Interoperability (Interoperability Board), which was established under the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) and which must submit baseline technical requirements for the 700 MHz PSBN by May 22, 2012.
While the Interoperability Board is independent from the FCC, it requested the FCC's PSHSB issue an assessment and is likely to give serious consideration of the FCC's assessment when it develops its baseline technical requirements. The specific issues analyzed by the staff included the definition of "interoperability;" technology platforms and system interfaces; prioritization and quality of service; performance; security; conformance testing; and other issues.

The Federal Communications Commission (FCC) released a Public Notice on April 6, 2012 inviting comments on the "Transition Process for 700 MHz Public Safety Broadband Waiver Recipients." Specifically, the FCC is seeking comment on "the most expedient and cost-effective way to transition the Waiver Recipients' authorizations."
On May 11, 2010 the FCC granted 21 waivers and on May 12, 2011 in granted an additional waiver to authorize certain state and local jurisdictions to construct 700 MHz public safety broadband networks (PSBNs) prior to the development of rules for the nationwide PSBN. Some of these networks are nearing completion, while others are still in early stages of development.
The passage of the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) raises questions about the future for these waiver recipients because the Spectrum Act gives authority over the PSBN to the First Responder Network Authority (FirstNet), which is an independent authority to be formed within the National Telecommunications and Information Administration (NTIA) at the Department of Commerce. Thus, as part of the transition process to FirstNet, the FCC is considering various options for moving forward including whether:

• It should issue a stay and halt construction.
• It should treat some waiver recipients differently than others.
• It should cancel the licenses and if so when and how.
• It should issue a Special Temporary Authority (STA).

Comments are due April 20, 2012. UTC invites member input on this issue. Please contact the Legal/Regulatory Department

A final Programmatic Environmental Assessment (PEA) to evaluate the environmental impacts of the Antenna Structure Registration (ASR) Program administered by the Federal Communications Commission (FCC) was released earlier this week. The PEA was adopted by the FCC’s Wireless Telecommunications Bureau (WTB), and it is very similar to the draft PEA that was released for comment back in August, 2011. As part of the proposed actions in the PEA, it calls to modify the ASR Program and associated National Environmental Policy Act (NEPA) compliance procedures to ensure compliance with NEPA and other applicable environmental laws. The ASR requirements only apply to those antenna structures that may create a hazard to air navigation due to height (generally, structures more than 200 feet [61 meters] tall) or proximity to an airport runway. Read more »

Representatives from the public safety community noted that they are interested in partnering with utilities on the 700 MHz Public Safety Broadband Network (PSBN). Speaking at last week's IWCE (International Wireless Communications Expo) in Las Vegas, Harlin McEwen, Chairman of the Public Safety Spectrum Trust (PSST), stated "[w]e want interoperability with [utilities]," and “[w]e also want their money to support it." He and other public safety leaders agreed that the $7 billion Congress reserved for construction of a nationwide public safety broadband network is not enough to fund the construction costs of the entire network. Due to the cost, the public safety representatives agreed that it is crucial for public safety to form partnerships with industry entities, including non-traditional first responders such as utilities, to construct, maintain and operate the network and help fund it. McEwen stated that the provisions in the bill regarding access to the network by these entities are "a little confusing," but that the bill would apparently allow agencies to lease access to the network to utilities and others on a secondary basis which could help fund construction and maintenance of the system.

Richard Mirgon, former president of the Association of Public-Safety Communications Officials (APCO) added, “It’s time to make sure we that we start looking at what’s best for America, and the utilities are part of what’s best, because nobody operates without power, water, natural gas, you name it. The utilities have a need to be a part of this, and we have to do due diligence in this process as the FirstNet governing board creates these rules on how to do secondary use.”

Congressional legislation that was passed last week would permit use of 700 MHz public safety spectrum for non-public safety services and would open up the 5350-5470 MHz band and guard bands for unlicensed operations, creating opportunities for utilities and CII to access additional spectrum. In addition, it would reallocate and auction the 470-512 MHz public safety frequencies and investigate the use of the 11, 18, and 23 GHz fixed microwave bands for commercial services – raising questions about the future of these bands for private wireless generally. Read more »

Spectrum provisions, including those pertaining to access to the 700 MHz public safety broadband network by non-public safety entities, have been included as part of larger congressional legislation that would extend the 2% reduction in payroll taxes, extend unemployment benefits and prevent a 27% decrease in medicare reimbursements to doctors (the “doc” fix). The legislation is expected to be passed by Congress today, and would clear the way for public safety to share the 700 MHz public safety broadband network (PSBN) with utilities and other critical infrastructure industries. UTC is continuing to work with Congressional staff to enhance the abilities of utilities to participate in the creation of the PSBN and ensure that the synergies between the communications needs of public safety and utilities are most effectively leveraged in the final legislative compromise. The House and Senate are aiming to have a final conference report ready for an up-or-down vote by the end of this week. Congress is currently scheduled to begin its week-long President’s Day recess beginning this Friday, although congressional leaders have threatened to cancel that recess if a compromise is not reached by week’s end. The deadline for passage of the conference report is February 29^th when the current payroll tax reduction expires. 

UPDATE: 11:41 AM - The House has approved the payroll tax conference report, 293-132. The conference report now moved to the Senate, where it will also be voted on shortly.

12:45 PM - The Senate approved the conference report 60-36. The bill moves on for President Obama's signature.

At its Open Commission Meeting this week, the Federal Communications Commission extended its Part 4 network outage reporting requirements to apply to VoIP services. The FCC’s Report and Order defines outage reporting for interconnected VoIP service, establishes reporting criteria and thresholds and discusses how the reporting process should work, what information should be reported and confidential treatment of the outage reports. The FCC deferred action on a number of questions, including the possibility of setting thresholds for reporting outages of broadband Internet service and measurements for outages of both interconnected VoIP and broadband Internet services based on performance degradation, as opposed to complete service outage.


UTC issued a statement supporting the FCC's decision, explaining that "[a]dopting the extension of these Part 4 outage reporting requirements should promote the reliability of utility communications and the underlying essential electric, gas and water services they provide. Utilities need reliable communications to support the safe, secure and efficient delivery of essential services to the public at large."

The Department of Transportation (DOT) has updated its list of Frequently Asked Questions (FAQ) to clarify its new rules restricting the use of push-to-talk mobile telephones while driving a commercial motor vehicle (CMV). In particular, it gives clarification that CMV drivers are allowed to use push-to-talk mobile communications equipment while driving, "provided the driver does not reach for, dial, or hold the actual mobile telephone in his/her hand while driving and the driver is able to touch the button needed to operate the push-to-talk feature from the normal seated position with the safety belt fastened." As an example, "if the mobile phone is mounted in a cradle or similar device near the driver, or there is a remote push-to-talk button near the vehicle controls to allow the driver to communicate without reaching for, dialing, or holding the actual mobile telephone in his/her hands while driving, the equipment may be used."