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

The Federal Communications Commission (FCC) rulemaking on interoperability in the Lower 700 MHz band (698-746 MHz) was published in the Federal Register earlier this week. Thus, the official deadline for comments has been set for June 1, 2012 and for reply comments on July 16, 2012.

The Notice of Proposed Rulemaking (NPRM) invites comments on whether the Commission should consider requiring interoperability in the Upper 700 MHz band (746-806 MHz) as well as the lower 700 MHz band, is a key issue for utilities who may be interested in sharing the upper 700 MHz band with public safety. The Upper 700 MHz band consists of the C Block, which is comprised of 22 megahertz of paired spectrum for commercial use, two guard bands, the public safety allocation and the D Block, which consists of 10 megahertz of paired spectrum that will be reallocated for use by public safety entities in accordance with the Spectrum Act. Read more »

UTC has issued the following statement about the Payroll Tax Report that was approved by Congress last week:

"We applaud Congress on approving this report. For years, UTC has advocated that utilities need access to sufficient spectrum to support their mission critical operations and to meet the overarching national policy objectives of energy independence and security. Congress' action today makes it possible for utilities to access the high quality spectrum that they urgently need."

For more information, please read the entire Press Release on UTC's website. Please contact UTC staff if you have any questions about the implications of this legislation for your utility. You can also read UTC's analysis of the spectrum provisions in this bill here.

Additionally, UTC experts have been quoted in the following industry media:

TR Daily Article (subscribers-only)

Urgent Communications

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.

The House Subcommittee on Communications of the House Energy and Commerce Committee held a mark-up of spectrum legislation introduced by Rep. Walden (R-OR) which includes provisions for non-public safety entities to access the 700 MHz public safety broadband network - a key issue for utilities. The bill, entitled the "Jumpstarting Opportunity with Broadband Spectrum Act of 2011" or the "JOBS Act of 2011," provides that each State may negotiate with private sector entities to construct, manage, maintain and operate the network. Furthermore, the private sector partners could be allowed under contract to access the network to provide services that are not "public safety services," as well as to share infrastructure (including antennas and towers) with public safety entities. In addition, the bill provides that the Administrator of the National Public Safety Communications Plan may contract with non-public safety entities to permit access in order to promote interoperability between those non-public safety entities and public safety entities during emergencies.
Thus, there are effectively two options for utilities and other non-public safety entities to access the 700 MHz public safety broadband network (i.e. through partnership or contract), but there are conditions. Read more »

It had been widely expected that the $1.2 trillion package produced by the Joint Select Committee on Deficit Reduction (Super Committee) would have included spectrum auctions and funded the creation of a 700 MHz public safety broadband network (PSBN). But on Tuesday, with the committee's formal announcment that an agreement could not be reached, hopes to use that package as a vehicle for the spectrum legislation were dashed.  This is the second time that spectrum legislation has failed to pass as part of a larger package; the first was the debt ceiling bill passed earlier this year. 

Several legislative vehicles are now being considered, including an omnibus apppropriations bill to fund the government for the remainder of FY12, or individual appropriations bills.  In the meantime, standalone bills will be proceeding under "regular order" in both the Senate and the House.

In the House, the Energy and Commerce Committee has been working on a revision of the Republican draft released in July.  With the failure of the Super Committee, the committee may resume consideration of the bill, with possible mark-up in December.  

In the Senate, S. 911 was passed by the Commerce Committee but has yet to be scheduled for a Floor vote. 

Throughout the deliberations of the Super Committee and now going forward, UTC has continued to carry its message to key congressional staff and Members about the public policy, operational, and monetary benefits that utilities bring to the table as partners in the construction and operations of the PSBN. Our main focus has been to ensure that utilities can share the 700 MHz spectrum and access the network notwithstanding Section 337 of the Communications Act and that State or regional partnership agreements between public safety and utilities, including terms related to traffic management, be given federal recognition.

The creation of the PSBN is on the priority list of both Sen. Rockefeller, chair of the Commerce Committee, and Rep. Upton, chair of the Energy and Commerce Committee.  Final enactment, whether as part of a larger package or as standalone legislation, is anticipated in the near term.     

The Congressional Budget Office (CBO) released its much anticipated report on the estimated cost of S911, the Public Safety Spectrum and Wireless Innovation Act of 2011, and the report concludes that the bill would reduce net direct spending by $6.5 billion over the 2012-2021 period. Proponents of the bill had predicted that the bill would reduce the deficit by $10 billion. This $3.5 billion shortfall could jeopardize the prospects for passage of the bill in its current form, because the bill is being considered as possibly part of the debt ceiling deal that is being developed by the President and Congress. Meanwhile, Republicans in the House Energy and Commerce Committee have circulated a discussion draft version of the bill, which is different from the S911 in several respects – including not reallocating the 700 MHz D-Block for Public Safety. House Republicans favor auctioning the 700 MHz D-block to help reduce the national debt. Read more »

Today, the White House held a meeting of government officials, public safety and industry stakeholders – including UTC – regarding the need to construct a nationwide public safety broadband network. In conjunction with the meeting, the White House released a report "detailing the Administration’s effort to develop and deploy a nationwide, interoperable public safety broadband network." The meeting also featured Vice President Biden, Homeland Security Secretary Janet Napolitano, Attorney General Eric Holder, Federal Communications Commission (FCC) Chairman Julius Genachowski, Assistant to the President for Homeland Security and Counterterrorism John Brennan, Maryland Governor Martin O'Malley (D.), and New York City Police Commissioner Ray Kelly. Also invited were public safety, state and local and industry representatives. Read more »