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.

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.”

The Jumpstarting Opportunity with Broadband Spectrum (JOBS) Act, passed by the House Energy and Commerce Subcommittee on Communications last week, has been rolled into a House Republican bill unveiled today to extend the payroll tax cut and unemployment benefits into 2012. The JOBS Act, introduced by Rep. Greg Walden (R-OR), includes provisions for non-public safety entities to access the 700 MHz public safety broadband network - a key issue for utilities. The legislation allocates the spectrum to public safety agencies, but would require first responders to give back another the 14 MHz of narrowband spectrum they are currently using. It would set aside about $6.5 billion for that network. House and Senate committee staff are already working to iron out differences between the JOBS Act and S. 911, passed by the Senate Commerce Committee last July. Those differences concern the governance structure, amount of funding for network construction, maintenance and operations and the public safety narrowband spectrum reallocation. A Senate staffer noted that the House and Senate are close to agreement. UTC is working with committee staff to ensure that utilities are provided an opportunity to partner with public safety in the network buildout and operations.

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 »

Rep. Greg Walden, chair of the Subcommittee on Communications of the House Energy and Commerce Committee, has announced that the subcommittee will hold a mark-up of spectrum legislation on Thursday, December 1.  The bill, named the Jumpstarting Opportunity with Broadband Spectrum (JOBS) Act of 2011, will include spectrum to be auctioned for commercial wireless services, as well as the creation of a Public Safety Broadband Network (PSBN) in the 700 MHz band. 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.     

President Barack Obama signed a memorandum titled ‘Unleashing the Wireless Broadband Revolution’ that collaborates with the Federal Communications Commission to making an additional 500MHz of government and commercial spectrum available mobile and fixed wireless broadband use in the next 10 years. This goal of getting 500MHz spectrum in the hands of wireless broadband providers over the next decade is a key part of the National Broadband Plan that the FCC presented to Congress earlier this year. Read more »