On May 1, 2012, the Federal Communications Commission held a workshop on wireless collocation featuring panelists, including UTC, who describing the opportunities and challenges of collocating wireless facilities. UTC’s Connie Durcsak brought the utility perspective on wireless collocation, and described various ways that electric and water utilities can provide wireless collocation on existing infrastructure. In particular, she highlighted the activities of the UtiliSite Council, a special membership group within UTC that provides support services to commercial wireless carriers and DAS providers with antenna construction and backhaul.
The Commission also noted that it wants the industry and localities to work together to implement provisions in the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act), which streamline the permitting process for wireless collocation. Specifically, section 6409 of the Spectrum Act provides that no state or locality may deny, and must approve, any request involving an eligible facility (for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. Jeff Steinberg, deputy chief of the FCC’s Wireless Bureau’s Spectrum and Competition Policy Division presented a thorough review of the Spectrum Act provisions and said that the Commission strives for industry and local governments to work together to “satisfy both community and industry needs( to ensure that the legislation is implemented” without necessarily “stepping in and trying to set prescriptive rules.” The recorded webcast of the workshop can be viewed on the FCC’s website.

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.

David Furth, acting Bureau Chief of the Federal Communication Commission’s Public Safety and Homeland Security Bureau announced today that the FCC will immediately freeze applications for new stations and major modification in the 470-512 MHz private land mobile band, also known as the “T-Band”. The announcement was made at the annual meeting of the Land Mobile Communications Council (LMCC) annual meeting in Washington DC. LMCC is the association of FCC certification frequency advisory committees, or frequency coordinators. Mr. Furth said the FCC would issue a public notice detailing the parameters of the freeze within a week. He said applications for minor changes to existing systems would be accepted, but applications for major changes to existing operations, and new systems, would be dismissed and not processed. Mr. Furth did not comment on what the FCC would do with applications currently pending at the Commission, but UTC believes it is likely these applications will not be processed.

The basis for the action results from the Middle Class Tax Relief and Job Creation Act of 2012, recently signed into law by President Obama. The act allocates the 700 MHz “D” block to the public safety community and sets the stage for the construction and operation of a nationwide Public Safety Broadband Network. In exchange for the D block allocation, the public safety community agreed to begin vacating this spectrum nine years after the signing of the legislation. Mr. Furth indicated that applications for new systems and major modifications could still be filed, but must be accompanied by a waiver request indicating the unusual or emergency nature of the proposed operations.
The FCC authorized land mobile operations in the T-band in thirteen cities in the US for private land mobile use. The band is not used exclusively by public safety. Several utilities and other critical infrastructure entities have large systems in the band. Once the existing systems have been cleared, the FCC intends to auction the spectrum and the proceeds would be used to help fund the national broadband network. Therefore, all licensees, including utilities must vacate the band.
Mr. Furth also advised the LMCC audience that existing operations in the T-band would be exempt for the January 1, 2013 deadline to narrow single voice channel operations from 25 kHz to 12.5 kHz. He said licensees that operate in both the T-Band and other UHF spectrum are still required to narrow non-T Band channels.
Questions on this action, and other decisions at the LMCC meeting should be directed to UTC’s Spectrum Services Director, Don Vasek, or Klaus Bender, Senior Director of Engineering and Standards.

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 »

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 »

Senior Legal Advisor to the Federal Communications Commission (FCC) Chairman, Amy Levine is leaving her post. As a key legal advisor to FCC Chairman Julius Genachowski, Levine handled wireless, public safety and engineering and technology issues. Chairman Genachowski praised Levine's work "with Congress to see the historic incentive auctions legislation through its recent signing into law." The Commission announced that Charles Mathias of the Wireless Telecommunications Bureau will be the new acting senior legal counsel.

Industry representatives gathered at the Federal Communications Commission (FCC) for a two-day workshop regarding the possible creation of receiver standards to minimize interference and enable more efficient use of spectrum. Dale Hatfield, former chief of the FCC's Office of Engineering and Technology and advocate on this issue was a key moderator on many of the panels. Read more »

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."