Subject: [NEXTEL-1] Petition for Rulemaking Proposing Reallocation of Additional Spectrum For Public Safety Uses

From: [email-masked]
Date: Thu, 25 Sep 2003 13:41:38 -0400

DA 03-2940

Mr. Michael W. Grady
Vice President, Technology, Engineering and Quality and
Sector Chief Technical Officer
Northrop Grumman Information Technology
4805 Stonecroft Boulevard
Chantilly, Virginia  20151-3822

Re: Petition for Rulemaking Proposing Reallocation of Additional Spectrum For
Public Safety Uses

Dear Mr. Grady:

This letter responds to the petition for rulemaking that you filed on behalf of
Northrop Grumman Information Technology (“Northrop”) on April 21, 2003.   This
Petition seeks a reallocation of 10 megahertz of “additional broadband spectrum”
for public safety services on frequencies below 3 GHz, preferably from the 700 MHz
band.   Northrop’s Petition specifically identifies the Upper 700 MHz band
segments located at 747-752 and 777-782 MHz for possible use by first
responders.   For the reasons described below, we dismiss Northrop’s Petition
without prejudice.

In its Petition, Northrop recognizes that the Commission allocated 24 megahertz of
Upper 700 MHz band spectrum for public safety use in 1997, but says that this
spectrum has already been set aside for other public safety uses, and the
channelization of the band by the Commission precludes the use of advanced
broadband wireless applications.   The Petition also claims that reallocation of
additional spectrum would help resolve public safety interoperability problems.

We find Northrop’s Petition does not warrant consideration by the Commission.
Congress mandated the Commission to reallocate “spectrum between 746 megahertz and
806 megahertz, inclusive.”   This mandate required the Commission to reallocate 24
megahertz of the spectrum “for public safety services” and 36 megahertz of the
spectrum “for commercial use to be assigned by competitive bidding.”   As Northrop
acknowledges in its Petition, the 747-752 and 777-782 MHz band segments are part
of the 36 megahertz of spectrum that the Commission reallocated “for commercial
use to be assigned by competitive bidding” pursuant to Section 337(a) of the
Communications Act of 1934, as amended (“the Act”).   We cannot grant the request
for reallocation of additional Upper 700 MHz spectrum as it is inconsistent with
Section 337(a) of the Act.  Northrop itself acknowledges this statutory
impediment.

Moreover, to the extent that Northrop is seeking a reallocation of Lower 700 MHz
band spectrum, we find that this request would be inconsistent with Commission
decisions on the Lower 700 MHz band.   Northrop suggests that a reallocation of
additional spectrum for broadband use would resolve public safety interoperability
issues.   Northrop’s Petition does not, however, acknowledge that, pursuant to
Section 337(a)(1) of the Act, the Commission followed the Act’s statutory
directive, by designating 24 megahertz of the Upper 700 MHz band for public safety
use.   Additionally, the Commission reserved approximately ten percent of the 24
megahertz of 700 MHz public safety spectrum for interoperability use.   There are
64 paired narrowband (6.25 kHz) voice and data interoperability channels and 36
wideband (50 kHz) data interoperability channels.   Northrop’s proposed system is
fundamentally inconsistent with the 700 MHz public safety band channelization
established by the Commission.  Thus, to that extent, the Northrop Petition
constitutes an untimely petition for reconsideration of the Commission orders
establishing 700 MHz public safety band channelization and technical and service
rules.      Northrop fails to explain why it believes that the 700 MHz
interoperability channels established by the Commission cannot accommodate public
safety’s requirements for voice and data interoperability.

Finally, while Northrop’s request could be read to request any 10 megahertz
portion of spectrum below 3 GHz, Northrop has not identified any specific
alternative frequencies beyond those discussed above.  We note that the Commission
has taken recent steps to allocate more spectrum for public safety uses.
Recently, in response to requests by public safety entities, the Commission set
aside 50 megahertz of spectrum at 4.9 GHz for public safety broadband uses, with
the adoption of service rules in April, 2003.

In short, Northrop has presented no persuasive evidence in its Petition to warrant
its consideration.  While we dismiss this Petition, we do not intend to minimize
the important communications needs of public safety entities.  We recognize that
it is imperative that the Commission ensure efficient and effective communications
between first responders.  We also note that, other than broadcaster incumbency
protections in certain markets, no FCC rules prohibit Northrop or any other entity
that acquires spectrum in the non-public safety 700 MHz band through recent or
upcoming licensing proceedings (or on the secondary market) from serving first
responders with the type of broadband applications described in Northrop’s
Petition.  Indeed, we would expect that this spectrum would be available for such
applications sooner than under the Petition’s proposal, which would require
substantial and uncertain legislative and regulatory steps.  Finally, to the
extent that Northrop identifies specific public safety frequencies that could
support its proposed systems, we note that our action is taken without prejudice
to advancing a specific proposal to adjust the rules for such bands.

Accordingly, pursuant to Section 1.401(e) of the Commission’s rules, the Petition
for Rulemaking submitted by Northrop Grumman Information Technology on April 21,
2003, is hereby dismissed without prejudice.   This action is taken pursuant to
authority delegated by Sections 0.331 of the Commission’s rules, 47 C.F.R. §§
0.331.

     Sincerely,

John B. Muleta, Chief
     Wireless Telecommunications Bureau

Edmond J. Thomas, Chief
     Office of Engineering and Technology

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2940A1.doc

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From: [email-masked]
Date: Thu, 25 Sep 2003 13:52:18 -0400

Damn!

Eddie,

You were doing so good up until this. Don't you know this is a deal killer for bring
OFMD forward? Was this a power play to force Flarion to accept the Nextel's deal?

I was personally looking forward to this. Did John make you do it? Ok, time for a
petition for reconsideration.  I guess Northrop needs to team up with the APCO boys to
get this deal done. The 4.9 GHZ tease is not the answer to first responders needs.

Like Arnold says: "I'll Be Back" so will this Petition.

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