Subject: [NEXTEL-1] Public Safety and Sound Spectrum Management Go Hand in Hand” National Forum on Public Safety Spectrum Management

From: Marcelrf <[email-masked]>
Date: Tue, 02 Mar 2004 18:54:08 -0500

\
“Public Safety and Sound Spectrum Management Go Hand in Hand” National
Forum on Public Safety Spectrum Management Key Note Address by FCC
Commissioner Kathleen Q. Abernathy Washington, D.C. – February 10, 2004
As prepared for delivery.

Good morning ladies and gentlemen. Let me start by thanking NTIA for
hosting this week’s forum and say what an honor it is to be invited here
today to share with you my views on spectrum management and public
safety.

I am a firm believer that public safety and sound spectrum management go
hand in hand.  That’s why I am fully supportive of the President’s
Spectrum Initiative, which is aimed at ensuring, among other things,
that there is sufficient spectrum available for public safety.  I am
certain that the results of this week’s forum will play a critical role
in furthering this goal and I want to personally thank you for your
participation and for being here so early.

Today I would like to talk to you about the FCC’s role and how public
safety issues are
integrated into our spectrum management policies. As all of you probably
know, the
FCC has a statutory obligation “to make available, so far as possible,
to all the people of
the United States, without discrimination…a rapid, efficient,
Nation-wide…….wire and
radio communication…for the purpose of the national defense, [and] for
the purpose
of promoting safety of life and property…” The FCC takes this statutory
obligation seriously in adopting its rules and policies governing
spectrum allocation, management and use.

It is important to remember that the FCC only has jurisdiction over
non-federal government spectrum. Mike Gallagher - whom you just heard
from -- and his excellent staff at NTIA coordinate spectrum issues on
the federal government's side of this equation. And the FCC has and will
continue to work closely with NTIA in the policy development process.

In addition, we also work with congressional leaders to ensure that the
FCC fulfills its homeland security responsibilities and with colleagues
in the Administration – including the Department of Justice, the FBI,
and the Departments of Homeland Security, Defense, Energy and
Transportation when formulating spectrum policy that affects public
safety.  While the FCC has always been responsive to the needs of public
safety, September 11 sharpened that focus further by demonstrating the
immense, novel and complex challenges that we now face. We were forced
us to look at our public policy in new ways and focus our energies in
new directions. Perhaps no single event has so dramatically and
unexpectedly altered the entire context and content of the public safety
policy debate.  Since September 11th, the FCC has worked at reshaping
itself to address the challenges posed by this new environment. For
example, this past July, we announced the creation of the Office of
Homeland Security within our Enforcement Bureau. The new office 2
provides consolidated support for the FCC’s Defense Commissioner, our
Homeland Security Policy Council and the Chief of the Enforcement
Bureau. It also coordinates very closely with our Office of Engineering
and Technology and our Wireless Telecommunications Bureau, both of whom
are most active in the FCC’s role as spectrum manager.

When it comes to the allocation of spectrum, we have designated
approximately 97 MHz of spectrum from ten different bands for use by
public safety (nationwide). In addition, in 11 major urban areas, where
the demand for public safety spectrum is the greatest, the Commission
has authorized up to an additional 12 MHz of spectrum. Public safety
entities also actively use spectrum-based services in other bands,
including, for example, the bands we recently identified for
ultra-wideband use, and we expect applications such as ground
penetrating radars, through-wall imaging systems and surveillance
systems.  Further, the availability of Priority Access Service on some
commercial wireless networks allows for greater access to emergency
personnel in times of crisis and many public safety entities supplement
their communications networks with commercial services.

As part of our spectrum management mandate, the FCC is consistently
looking at ways to increase access to and the availability of spectrum
for public safety use. I would like to take a few minutes to walk you
through a few of these examples.  One of the most critical issues facing
the FCC right now is the potential for harmful interference to public
safety in operations in the 800 MHz band. I have always considered the
800 MHz proceeding to be a top priority for resolution by the Commission
and have voiced my support both within and outside of the Commission for
a quick resolution. The Commission should move as quickly as possible in
resolving this proceeding in order to ensure that public safety
communications do not suffer from harmful interference.

Although this proceeding was initiated in the summer of 2002, at that
time, there was very little support for any one solution to the
interference problem. Substantial progress was made, however, when the
major public safety organizations and many members of the public safety
community jointly developed a proposed rebanding plan, called the
Consensus Plan, in cooperation with Nextel and others. This plan was
originally presented to us a little over a year ago and significant
refinements to this proposal have been made as recently as August of
this past year.

In addition, a counterproposal, the Balanced Approach, has been
submitted by a group of industrial users, utilities, cellular providers,
members of the public safety community, and others in late spring of
2003. This group believes that the disruption of rebanding is
unnecessary and that mandatory best practices would substantially reduce
the potential for interference between public safety and CMRS users in
the 800 MHz band.  These industry proposals have provided a firm basis
for the FCC to analyze and make a determination of the best course of
action for resolving the interference problem. I appreciate the efforts
of public safety and the other interested parties in working to find
proposed joint solutions to this very complex problem.
3
While I have some personal views on how the interference problems in the
800 MHz band might be resolved, I am anxious to review and consider the
staff recommendation before making any decisions. Our staff, including
OET and Ed Thomas and the folks in the Wireless Bureau, have been
performing in-depth technical and economic analysis on the proposals
before us and, despite the fact that I am a lawyer, it is imperative
that I understand these analyses before making any decisions in this
proceeding. I can state, however, that an important part of any solution
is the ability to provide additional spectrum for public safety and to
eliminate the potential for harmful interference to public safety.

I am hopeful that a recommendation on the resolution to this proceeding,
along with the accompanying analysis, will be presented to us shortly so
that we can move forward and act in the very near future, perhaps as
early as this quarter, on this critical issue.  In addition to the 800
MHz proceeding, the FCC has also been seeking to provide additional
spectrum for public safety for broadband data uses. Just this past year,
the Commission made an additional 50 MHz of spectrum available at 4.9
GHz for such uses.  A good example of this kind of application is the
ability to download schematics of a building to a fire truck over a
wireless network before it leaves for a fire. As part of that decision,
we also foster interoperability by encouraging public safety to develop
partnerships with the critical infrastructure community to provide
secure communications. We are hopeful that by allowing such
partnerships, the public safety community can make the most efficient
use of the spectrum resource at this band.  Beyond the specific
allocation of spectrum, the FCC has been looking at innovative
arrangements that allow us to optimize the spectrum resources and to
assist public safety providers in performing their critical operations.
Just this past year, the FCC granted a waiver request to the State of
Alaska that authorized frequencies for use in a new VHF digital trunked
system that would be shared by federal, state and local public safety
agencies.

In addition, we have moved forward with the adoption of an NPRM
proposing licensing and service rules for dedicated short range
communications in the in the intelligent transportation systems service
in the 5.9 GHz band. In the notice, we propose that this band should be
primarily used for public safety. I am hopeful this proceeding can be
brought to closure quickly to ensure that American citizens receive the
benefits of ITS on our roads and highways.

Finally, I would like to stress the importance of interoperability to
the FCC’s agenda. In order to promote interoperability, the Commission
encourages sharing and has rules that address two types of sharing.
First, the FCC’s rules provide that radio licensees may share their
facilities on a nonprofit, cost shared basis with other public safety
organizations. In July 2000, the Commission expanded this sharing
provision. To allow Federal government entities to also share these
facilities as end users. A second type of sharing is unique to the 700
MHz public safety spectrum. Here, state and local public safety
licensees may construct and operate joint facilities with the Federal

The FCC took this action to encourage partnering of FCC-licensed local
government entities with Federal entities looking to promote
interoperability and spectrum efficiency.  And the Commission staff
continues to look for ways to encourage such partnerships such as we did
in the 4.9 GHz band with critical infrastructure providers.  Finally,
the FCC has made specific designations for interoperability. In 1998,
the FCC designated about ten percent of the spectrum available in the
700 MHz band for public safety interoperable communications. Since 1987,
five mutual aid channels in the 800 MHz band have also become available
for interoperable communications. And in October 2002, the Commission
designated additional interoperability channels in the VHF and UHF
public safety bands which will be available on a primary basis January
1, 2005. We will continue to evaluate interoperability needs and
increase this amount as necessary in response to the needs of public
safety.

There is no set of issues more significant at today's FCC than homeland
security and public safety. Although the issues we are examining are
complex, the stakes are extremely high. That is why it is imperative
that the public safety community, NTIA and the FCC continue work
together to find innovative solutions that will increase access to
spectrum for public safety uses. Please continue your efforts to develop
creative solutions promoting interoperability including strategic
partnerships between governmental and non-governmental users. My door
and the door of my staff is always open to discuss any of your proposals
in more detail. Together, I believe we can ensure that American citizens
are able to benefit from the finest public safety communications
services available in the world.

Thank you again for the opportunity to talk with you today. I look
forward to reviewing your recommendations to NTIA and the Department of
Commerce on public safety spectrum management and continuing our
dialogue on these critical issues.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243749A1.pdf
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