*Pages 1--5 from Microsoft Word - 49411.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA No. 05- 1650 June 17, 2005 Wireless Telecommunications Bureau Seeks Comment on Verizon Wireless Petition for Waiver of Part 64 Priority Access Service Rule WT Docket No. 05- 212 Comment Date: June 24, 2005 In 2000, the Commission authorized Commercial Mobile Radio Service (CMRS) providers to offer priority access service (PAS) in accordance with the policies and procedures (uniform protocols) set forth in Appendix B to Part 64 of the Commission’s Rules. 1 These uniform protocols require CMRS providers that elect to offer PAS to make available five priority levels 2 for National Security and Emergency Preparedness (NSEP) users. 3 However, in a request for waiver of these protocols, Verizon Wireless asserts that the network equipment and software currently used with Code Division Multiple Access (CDMA) wireless systems are not currently capable of delivering PAS 4 with the five priorities required under the Commission’s rules. 5 In the PAS R& O, the Commission concluded that the National Communications System (NCS) 6 would have responsibility for the day- to- day administration of PAS, with oversight responsibilities residing 1 Development of the Operational Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Agency Communication Requirements Through the Year 2010, Second Report and Order, WT Docket 96- 86, 15 FCC Rcd 16720 (PAS R& O). 2 Id. at 16722 ¶ 4; 47 C. F. R. § 64. 402 Appendix B. The five PAS priority levels in order of priority are 1) Executive Leadership and Policy Makers; 2) Disaster Response/ Military Command and Control; 3) Public Health, Safety and Law Enforcement Command; 4) Public Services/ Utilities and Public Welfare; and 5) Disaster Recovery. 47 C. F. R. § 64. 402 Appendix B, Section 5. 3 NSEP users are key personnel and those individuals in national security and emergency response leadership positions. 47 C. F. R. § 64. 402 Appendix B, Section 5. PAS is not intended for use by all emergency service personnel. Id. 4 In its waiver request, Verizon Wireless asserts that PAS is now commonly referred to as wireless priority service (WPS). Petition for Waiver of Section 64. 402 of the Commission’s Rules filed by Verizon Wireless on May 13, 2005 at 1 (Waiver Request). Herein, we retain the terminology “priority access service” (PAS), but with the understanding that PAS and WPS, as used by Verizon Wireless are equivalent terms. 5 Id. at 2. 6 The NCS is an interagency organization that combines the communications assets of twenty- three Federal departments and agencies to address NS/ EP telecommunications related issues. Statement in Support of Petition for Waiver filed by U. S. Department of Homeland Security on June 13, 2005 (NCS Statement of Support). NCS 1 with the Commission. 7 Verizon Wireless states that it has been working with the NCS to provide a PAS capability that will meet the Department of Homeland Security’s needs for providing priority access to NSEP users. 8 In order to provide PAS capability promptly, Verizon Wireless on May 13, 2005, requested a waiver of Section 64. 402 of the Commission's Rules 9 to allow it to develop CDMA PAS capability in two phases: It proposes that the first phase PAS implementation would have a single priority level for all NSEP users, 10 and that the second phase would provide the required five PAS priority levels. 11 Verizon Wireless believes it can deploy the second phase by early 2007. 12 Both the NCS and the Department of Defense (DoD) have filed statements in support of the Verizon Wireless waiver request. 13 Section 1.925 of the Commission's Rules 14 provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule( s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or in view of the unique or unusual circumstances of the instant case, application of the rule( s) would be inequitable, unduly burdensome or contrary to the public interest or in the applicant has no reasonable alternative. Requests for waiver of the Commission's Rules are subject, unless otherwise provided, to treatment by the Commission as restricted proceedings for ex parte purposes under Section 1.1208 of the Commission's Rules. 15 However, because Verizon Wireless’ request implicates important public safety and Homeland Security considerations, we believe it would be in the public interest to treat the waiver request as a permit-but- disclose proceeding as allowed by the Commission’s ex parte rules. 16 Therefore, ex parte presentations provides guidance and assistance to the President, the National Security Council, the Homeland Security Council, the Director of the Office of Science and Technology Policy, and the Director of the Office of Management and Budget concerning the coordination of, planning for, and provision of NS/ EP telecommunications for the Federal government under all circumstances, including crisis or emergency, attack, recovery, and reconstitution. Id. at 1- 2. 7 PAS R& O, 15 FCC Rcd 16722 ¶ 4. 8 See Waiver Request at 2. Verizon Wireless further asserts that NCS, Computer Science Corporation (NCS’s service integrator), Verizon Wireless and equipment vendors have agreed that CDMA PAS deployment should occur in two phases. Id.; see also NCS Statement of Support at 6 (permitting the two- phased deployment would substantially accelerate the availability of PAS for key emergency responders in heavily- populated northeastern portion of the United States). 9 47 C. F. R. § 64.402. 10 See Waiver at 2- 3. 11 See id. at 3. 12 See id. 13 NCS Statement of Support; Statement in Support of Petition for Waiver filed by U. S. Department of Defense on June 13, 2005 (DoD Statement of Support). The DoD was the Executive Agent for the NCS before the creation of the DHS and adoption of Executive Order No. 13286 of February 26, 2003, § 46( b), 68 Fed. Reg. 10619, 10627 (designated the Secretary of Homeland Security as Executive Agent of the NCS. NCS Statement of Support at n. 1. See also Executive Order No. 12472 of April 3, 1984, Assignment of National Security and Emergency Preparedness Telecommunications Functions, 49 Fed. Reg. 13471 (1984). 14 See 47 C. F. R. § 1.925. 15 See 47 C. F. R. § 1.1208. 16 See 47 C. F. R. §§ 1.1200( a), 1.1206. We note that Verizon Wireless requested treatment of this proceeding as Permit- but- Disclose. See Waiver Request at 8. 2 or by facsimile at (202) 488- 5563. For further information regarding the public reference file for this waiver petition, contact Federal Communications Commission, Consumer and Governmental Affairs Bureau, Reference Information Center (202) 418- 1355. Additionally, a copy of the Verizon Wireless waiver request, NCS statement and DoD statement can be found on the Wireless Telecommunications Bureau web page at http:// wireless. fcc. gov/ in the Wireless Headlines section under the heading “6/ 17/ 2005 PUBLIC NOTICE (DA 05- 1650).” People with Disabilities: Contact the FCC to request materials in accessible formats (braille, large print, electronic files, audio format, etc.) by e- mail at FCC504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at 202- 418- 0531 (voice), 202- 418- 7365 (TTY). For further information, contact Ramona Melson, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau at (202) 418- 0680. By the Acting Chief, Wireless Telecommunications Bureau. - FCC - 4 IMPACT (Verizon Wireless PAS PN 15621v1) R. Melson 5