Comments and Recommendations Regarding the FCC 9th Notice of Proposed Rulemaking on 700 MHz Public Safety Broadband PS

1. 1 Comments and Recommendations Regarding the FCC 9th Notice of Proposed Rulemaking on 700 MHz Public Safety Broadband PS Docket No. 06-229 - WT Docket No. 96-86NOTE: This document does not necessarily reflect the official position of the State of Hawaii

2. 2 Goal: Protect Public Safety Allocations for Narrowband 700 MHz & NPSPAC 800 MHz Changes to the FCC rules must not negatively impact the Public Safety allocations for narrowband operation in the 700 MHz band. The Commission must prohibit any secondary Broadband operation within the 700 MHz narrowband segment. Changes to the FCC band plans must not jeopardize operations in either the narrowband segments of the 700 MHz band or the NPSPAC 800 MHz band. FCC rules have to stop changing for 700 MHz narrowband to prosper.

3. 3 An Outline of This Presentation FCC 9th NPRM - Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band. Comments on the Broadband concept. Interference. Background. Concerns regarding the threats to channelized (narrowband) operations. Secondary operation of Broadband within narrowband allocations. Broadband operations adjacent or too close to narrowband allocations. Suggestions for mitigation. Band reconfiguration – an alternative from Hawaii. Additional protections for allocations used by subscriber radios. Other concerns. The Broadband Optimization Plan. A suggestion to reserve some spectrum. Estimated coverage and funding plans for Broadband. Ensuring local input through the Regional Planning Process. Summary.

4. 4 FCC’s “Departure”: The Goals of the9th Notice Of Proposed Rulemaking “Our proposed plan is a departure from prior public safety allocations, and is designed to speed deployment, decrease costs of roll-out, promote nationwide interoperability and provide a source of funding for constructing a broadband public safety communications network.” Reallocate two 6 MHz paired segments of the 700 MHz public safety spectrum from wideband to Broadband use (12 MHz total). Assign all Broadband spectrum to a single national public safety Broadband licensee. Permit secondary operation by the Broadband licensee within the narrowband portion of the 700 MHz Public Safety band. Facilitate the shared use of commercial mobile radio service (CMRS) infrastructure. Establish performance requirements for Broadband.

5. 5 Federal RegisterJanuary 10, 2007 (Volume 72, Number 6)Proposed Rules - Pages 1201-1204 Federal Communications Commission - 47 CFR Part 90 PS Docket No. 06-229; WT Docket No. 96-86; FCC 06-181 Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band ACTION: Notice of Proposed Rule Making (NPRM). SUMMARY: In this document, the FCC seeks comment on proposals that 700 MHz public safety spectrum be allocated for broadband use and that a single, national public safety broadband licensee be assigned this spectrum on a primary basis. Consistent with national priorities focusing on homeland security and broadband, and the Commission's commitment to ensure that emergency first responders have access to reliable and interoperable communications, this NPRM will allow the Commission to compile a record in an effort to determine whether there is a need for changes to the current 700 MHz public safety band plan. This NPRM seeks to promote effective public safety communications and innovation in wireless services in support of public safety and homeland security. DATES: Written Comments are due on or before February 26, 2007, and Reply Comments are due on or before March 12, 2007.

6. 6 The Broadband Concept We agree that in the future a broadband network may offer more efficient use of limited spectrum resources and meet other goals in the Ninth NPRM for Public Safety communications. However, it is unclear at this time if the FCC’s vision can be realized given the spectrum resources available to Public Safety, the public/private partnership funding plan proposed by the FCC, and the FCC’s broadband only deployment requirement.

7. 7 Public Safety vs. Commercial Interests The push for broadband capability appears to be driven more by desire to take advantage of the huge potential income from commercial interests rather than the less lucrative profits available from providing services to the Public Safety sector The FCC should advocate a nationwide public safety network that provides cross discipline and inter agency communications where necessary. If such a network is best served by a single national licensee, the FCC should charge that entity with determining the best technology and method of deployment. The nationwide requirements for voice and data communications must be determined by Public Safety only. Nationwide broadband connectivity is a worthwhile long term goal that should be considered after other, more basic communications needs are met. Broadband capabilities should be provided when it is required by Public Safety agencies. Deployment should not be driven by a commercial timeline.

8. 8 Background:Ongoing Interference Mitigation The relocation underway in the NPSPAC 800 MHz band was initiated to move Public Safety subscriber radios away from Commercial Mobile Radio Service (CMRS) interference. Once NPSPAC relocation is complete, NPSPAC 800 MHz Public Safety subscriber radios would operate in the 806 MHz – 809 MHz range. Subscriber operation will be protected by limitations placed upon neighbors in the adjacent frequency bands. The low side neighbor to NPSPAC 800 MHz band subscriber radios is the upper narrowband segment of the 700 MHz Public Safety Band operating in the 803 MHz to 806 MHz range.

9. 9 Background:A Safe Haven for Subscriber Radios Subscriber radios in the 700 MHz Public Safety Band operate in the 794 MHz – 806 MHz range under the existing rules. Under current rules subscriber radios in narrowband service operate in two segments from 794 MHz – 797 MHz and 803 MHz – 806 MHz. As a result the 794 MHz to 797 MHz and the 803 MHz to 809 MHz ranges were to be the sole province of Public Safety channelized subscriber radios (portables and mobiles). Recognizing that NPSPAC allocations are based upon 25 kHz wide channels and the 700 MHz Public Safety band allocations permit 6-1/4 kHz, 12-1/2 kHz, or 25 kHz wide channels.

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11. 11 Background:A Bifurcated Band Plan in 700 MHz A 3-6-3 band plan was adopted for the 700 MHz Public Safety band because each band segment (base and mobile) straddled existing UHF television channels. Base transmit (764 MHz – 776 MHz) straddled channels 63 and 64. Subscriber transmit (794 MHz – 806 MHz) straddled channels 68 and 69. This bifurcated band structure permitted partial implementation in some regions if only half the band was clear of incumbent UHF television operations.

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13. 13 The Threat To Channelized Operations Our primary concern is for the next 5-10 years and how we will meet the demands for public safety communications at the local level. We expect to satisfy these requirements with “push-to-talk” radios operating on discrete channels (or groups of discrete channels) in either conventional or trunked radio modes. The Ninth NPRM threatens channelized operation by: Suggesting that secondary operation be permitted within the narrowband segments of the 700 MHz Public Safety band. Perpetuating the uncertainty within the Public Safety community regarding the rules governing operation within the narrowband segments of the 700 MHz Public Safety band.

14. 14 Prohibit Secondary Operation of Broadband Within Narrowband Segments Secondary operation in the narrowband segments of the 700 MHz Public Safety band must be prohibited. Channelized operations (ranging from 700 MHz narrowband to NPSPAC 25 kHz channel widths) must be preserved and protected. Use of the 700 MHz band will not prosper if users face the uncertainty of adjusting to the next “new idea” and interference threat. Changes to frequency allocations must: Preserve the the channel count and types within the 700 MHz narrowband allocations. Protect both 700 MHz narrowband and NPSPAC 800 MHz operations.

15. 15 A Risky Proposal:Secondary Operation Permitting secondary operation by the Broadband licensee within the narrowband portion of the 700 MHz Public Safety band. “One way to ensure that existing uses are not impacted may be through the employment of advanced technologies…” Why risk established, well understood, standards based operations on a “future” technology? Why does this demonstration have to occur in Public Safety band space?

16. 16 Why Is Secondary Operation Of Broadband Within The Narrowband Portion Necessary? Is secondary operation of broadband within the narrowband suggested because the proposal inherently acknowledges that the 12 MHz allocation proposed for Broadband will be insufficient to the task of both serving Public Safety and establishing a viable commercial market? If a 12 MHz allocation is insufficient perhaps the Commission should look elsewhere. If federal agencies will be a partner in Broadband interoperability can NTIA spectrum be used or traded?

17. 17 Insist on NO Secondary Use by Broadband Prohibit secondary operation by the Broadband licensee in the narrowband portion of the 700 MHz Public Safety band.

18. 18 The Objection to Broadband Operation“Next Door” to Narrowband Placing a Broadband operation in the middle of the 700 MHz Public Safety band may potentially expose Public Safety operations in the narrowband segments at the top and bottom of the band to the same incompatible adjacent use we are currently struggling to fix with the NPSPAC 800 MHz relocation process.

19. 19 Suggested Mitigation:Reconfiguration of the 700 MHz Band Reconfigure the 700 MHz public safety band to move broadband to the lower band edge. Relocate narrowband channels 1-480 from the 764 MHz -767 MHz band segment to the 770 MHz - 773 MHz band segment. Relocate narrowband channels 961-1440 from the 794 MHz - 797 MHz band segment to the 800 MHz - 803 MHz band segment. Relocate wideband channels 1-120 (767 MHz - 773 MHz) to: A 5 MHz wide Broadband allocation from 764 MHz to 769 MHz. A guard band/wideband allocation from 769 MHz to 770 MHz. Relocate wideband channels 121-240 (797 MHz - 803 MHz) to: A 5 MHz wide Broadband allocation from 794 MHz to 799 MHz. guard band/wideband allocation from 799 MHz to 800 MHz. Establishing a proper guard band as well as Broadband out of band emission limits to protect narrowband operations is a must.

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22. 22 Other Aspects of theHawaii Alternative Band Plan Assign two 5 MHz wide segments to Broadband within the Public Safety allocations. Insert 1 MHz wide “internal guard bands” between Broadband and narrowband segments within the Public Safety allocations. Permit wideband operation on 50 kHz channels within the internal guard bands as long as it is compatible with and protects narrowband operations. Allocate the first and the middle 50 kHz wide channel pairs to nationwide interoperability (with no aggregation). Allocate the three 50 kHz wide channel pairs immediately above the first and the middle nationwide interoperability pairs to State use and permit aggregation up to 150 kHz. Place all of the remaining twelve 50 kHz wide channel pairs under Regional Planning Committee control and permit aggregation up to 150 kHz. Prohibit high power repeater operation in the commercial allocations for the A, B, C, and D Blocks in the range between 776 MHz and 794 MHz.

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24. 24 Base/Mobile Pairing in the700 MHz Commercial Allocations The FCC needs to revisit the Petition for Reconsideration by the National Public Safety Telecommunications Council made on March 7, 2001 regarding base/mobile pairing in the 700 MHz commercial allocations: “…the 700 MHz First Report and Order established a standard pairing orientation as was done in the public safety allocation – high powered base and fixed transmissions were limited to the lower portion of the commercial allocation (i.e., 746-764 MHz) and low power mobile and fixed transmissions were restricted to the upper portion of the commercial allocation (i.e., 776-794 MHz).” “NPSTC urges the FCC to reconsider its decision to allow high power, commercial base station operations in the 777-792 MHz band and instead revert to the original 700 MHz original band plan adopted in the First Report and Order of this proceeding.” The Hawaii Alternative Band Plan incorporates the base/mobile pairing restrictions recommended by NPSTC.

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26. 26 Another Proposal:The Broadband Optimization Plan Many in Public Safety have supported the Broadband Optimization Plan (BOP) as a response to this NPRM. The BOP was originally proposed by Access Spectrum and Pegasus Communications. We understand that many in the public safety community feel that the BOP would provide public safety the greatest flexibility to take advantage of current and future developments in broadband data technology. The BOP reduces the amount of both commercial and public safety spectrum used for guard bands and adds 3 MHz of spectrum to the public safety allocation.

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28. 28 Band Reconfiguration:The Broadband Optimization Plan We note Verizon’s concern with the Broadband Optimization Plan that: “The interference potential at 700 MHz is the same type of interference present at 800 MHz, which required a hugely expensive rebanding effort with Nextel. Removing the Guard Band restrictions would create the same problems at 700 MHz.” We believe that additional independent review is needed to answer the questions raised by Verizon with respect to the BOP, specifically: Whether or not commercial Guard Bands remain necessary at 700 MHz to separate incompatible services. Whether reconfiguration of the spectrum as suggested by the BOP would risk increased interference. Additionally, we are concerned that the BOP suggestion to place a guard band between the 700 MHz Public Safety band narrowband allocation and the NPSPAC 800 MHz band may be the beginning of a process that will compromise and/or eventually reallocate the 700 MHz narrowband allocations.

29. 29 Thinking “Out of the Box”:A 700 MHz Band Reserve Block If the “time may have come for a significant departure from the typical …. allocation model the Commission has used in the past,” then revisit all spectrum allocations (Public Safety and all others) between 746 MHz to 806 MHz: Withdraw from auction a Reserve Block Pair of two 5 MHz segments. For now leave this Reserve Block Pair unassigned Neither Public Safety or commercial.

30. 30 Thinking “Out of the Box”:A 700 MHz Band Reserve Block We suggest halving the D Block allocations and placing the two resulting 5 MHz wide blocks into a pair of “Reserve Blocks” with an undesignated use. These Reserve Blocks would represent the last free spectrum space any where near to the current Public Safety allocations in the 700 MHz region of the spectrum. Given the push to identify additional spectrum for Public Safety use, it would be prudent to take a step back and reconsider the use of this spectrum after both Public Safety and non Public Safety needs are considered. Public Safety users should be able to reconsider their requirements and put forward needs and plans without facing extraordinary commercial pressure. How much spectrum does Public Safety need? Is the Broadband solution suggested by the FCC the best way to proceed? Does the sum of the commercial need for more spectrum and the promise of auction revenue outweigh the arguments that Public Safety can make to use this additional 10 MHz of spectrum in the 700 MHz range? Establishing “Reserve Blocks” of spectrum requires changing the Congressional auction mandate. Postpones or eliminates (if spectrum goes to Public Safety later) auction revenue.

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32. 32 Broadband Assumptions and PromisesRegarding Coverage We are concerned that the anticipated Broadband deployment will leave many remote and rural areas without service. The recent proposal by Cyren Call to create a nationwide broadband network proposed covering 99.3% of the U.S. population. However, their proposal would have only covered 63.5% of the nation’s area. Would the system proposed in the NPRM provide similar limited geographic coverage? Should we consider a nationwide service with a scalable architecture that would permit deployment of wideband services (50 kHz to 150 kHz bandwidths) within the Broadband allocations in areas where Broadband deployment is expected to be delayed or problematic?

33. 33 Broadband Assumptions and PromisesRegarding Cost and Funding Cost assumptions? The FCC needs to present a detailed estimate of how much will be saved by the proposed nationwide broadband service versus the total cost of ownership of existing technology systems. What will local participation really cost? Many Public safety entities have had a painful experience with the uncovered administrative costs to respond and participate in the NPSPAC 800 MHz rebanding. What success will reselling “excess capacity” have? Aren’t the very markets that have commercial promise (e.g. major metros) the same areas that will have the least amount of spare capacity?

34. 34 Local Input to BroadbandRequirements and Operations “…we propose that selection of the national public safety broadband licensee should be based on a number of criteria, including experience with public safety frequency coordination, not-for-profit status, and ability to directly represent all public safety interests.” – FCC NPRM The existing “national” organizations have not done a particularly good job of serving the interests of local public safety operations. Self proclaimed representatives that are advised by consultants and constantly solicited by vendors sometimes forget the needs and concerns of those providing services on a day to day basis. The Regional Planning Committee structure must be maintained and nurtured. A Broadband implementation that ignores the input of local public safety entities will be neither fair nor useful. National interoperability is ultimately a “people problem.”

35. 35 Other Concerns:Relating to Narrowband Rules If the narrowband segments are relocated to the top end of the band as suggested herein (the Hawaii Alternative): Make no changes to the narrowband technical parameters other than: Frequency changes regarding the use of narrowband spectrum Providing additional protections suggested to the narrowband spectrum in the 700 MHz band and the neighboring NPSPAC 800 MHz band. Retain the amount narrowband spectrum (number of 6.25 kHz channels) allocated for General Use and State use. If the Public Safety band is reconfigured, place the reconfiguration rules into effect as rapidly as possible. One other change to the narrowband rules is worth considering: Prohibit “secondary trunking” on interoperability channels.

36. 36 Other Concerns:CMRS infrastructure Do we really want to rely on shared use of CMRS infrastructure? For-profit entities have a poor track record of deploying networks with robustness, survivability, and restorability. Having a transportable satellite based option is a great idea unless the disaster is national in scope. Will the next step be to require State and local entities to offer their infrastructure to support CMRS? Article 7, Section 4 of the Constitution of the State of Hawaii states that “No tax shall be levied or appropriation of public money or property made, nor shall the public credit be used, directly or indirectly, except for a public purpose.”

37. 37 Recommendations FCC rule changes must not negatively impact 700 MHz narrowband. Prohibit any secondary Broadband operation within the 700 MHz narrowband segments. Changes to the FCC band plans must not jeopardize operations in either the narrowband segments of the 700 MHz band or the NPSPAC 800 MHz band. Reassignment of band segments within the 700 MHz band is supported if such reassignment does not imperil 700 MHz narrowband or NPSPAC 800 MHz. The Commission should reconsider past petitions to prevent high power repeater transmitters from using frequency bands near public safety subscriber allocations. Haven’t we learned from the forced relocation of the NPSPAC allocations?

38. 38 Recommendations FCC rules have to stop changing for 700 MHz narrowband to prosper. Finish and stabilize the allocations for 700 MHz narrowband operations and guarantee stability of the allocations and the rules protecting them (and NPSPAC). Agree to revisit and refine the concepts for broadband, wideband, a national licensee, and the need for more spectrum for Public Safety. Approach Congress and ask to withhold some spectrum from auction for now? The Broadband proposal will be supported in concept if narrowband operations are not jeopardized and cost, coverage, and management concerns are resolved. Maintain and strengthen the Regional Planning Committee structure. Ensure local input to Broadband development through the Regional Planning Process.

39. 39 Feedback? Comments and Recommendations regarding the FCC 9th Notice of Proposed Rulemaking on 700 MHz Public Safety Broadband PS Docket No. 06-229 - WT Docket No. 96-86 State of HawaiiDepartment of Accounting and General Services Information and Communication Services Division Telecommunications Services Branch Wireless Systems Management Section Robert J. Hlivak Radio Engineer State of Hawaii ICS Division 1177 Alakea St., Room 201 Honolulu, HI 96813 808-586-1930 ext 613 email: robert.j.hlivak@hawaii.gov