PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 08-1695 July 18, 2008 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU INVITES COMMENTS ON REGION 3 (ARIZONA) 700 MHZ REGIONAL PLAN AMENDMENT PS Docket No. 06-229 and WT Docket No. 02-378 Comments Due: August 8, 2008 Reply Comments Due: August 18, 2008 Introduction. On July 31, 2007, the Federal Communications Commission (Commission) adopted a Second Report and Order revising the rules governing wireless licenses in the 700 MHz band.1 The Commission adopted a plan for the 700 MHz band to establish a nationwide, interoperable public safety broadband communications network for the benefit of state and local public safety users. The Commission designated the lower half of the 700 MHz public safety band for broadband communications (763-768/793-798 MHz) and consolidated existing narrowband allocations in the upper half of the public safety 700 MHz band (769-775/799-805 MHz). Background. In revising the band plan for the public safety 700 MHz band, the Commission noted that consolidating the narrowband channels in the upper part of the band will impact approved and pending 700 MHz regional planning committee (RPC) plans (i.e., require that the plans be amended).2 The Commission required RPCs with approved plans or plans on file to submit amended plans consistent with the decisions adopted in the Second Report and Order by November 23, 2007.3 On November 9, 2007, the Public Safety and Homeland Security Bureau (Bureau) extended the deadline for RPCs to 1 Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band; Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communications Requirements Through the Year 2010, PS Docket No. 06-229, WT Docket No. 96-86, Second Report and Order, 22 FCC Rcd 15289 (2007) (Second Report and Order). 2 Id. at 15414 ¶ 346. The narrowband General Use spectrum is administered by RPCs and licensed for public safety services on a site-by-site basis in accordance with the relevant Commission-approved regional plan and frequency coordination. Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Agency Communication Requirements Through the Year 2010, WT Docket No. 96-86, Fourth Memorandum Opinion and Order, 17 FCC Rcd 4736, 4738 n.8 (2002). 3 As of the adoption date of the Second Report and Order, the following regional plans had been approved: Region 5 (Southern California), Region 19 (New England), Region 24 (Missouri), Region 22 (Minnesota), Region 12 (Idaho), Region 43 (Washington), Region 41 (Utah), Region 3 (Arizona), and Region 40 (Northern Texas). The following regional plans were pending as of the adoption date of the Second Report and Order: Region 1 (Alabama), Region 27 (Nevada), Region 45 (Wisconsin), Region 7 (Colorado), Region 9 (Florida), Region 16 (Kansas), and Region 20 (Northern Virginia, Maryland and the District of Columbia). 2 submit amended plans, consistent with the decisions adopted in the Second Report and Order, to January 31, 2008, and provided additional guidance for the development of plan amendments.4 Region 3 Plan Amendment Waiver Request. On January 31, 2008, the Region 3 (Arizona)5 700 MHz Regional Planning Committee (Region 3) submitted a proposed amendment to its 700 MHz Public Safety Plan for review and approval.6 Region 3 concurrently requested a temporary, limited waiver of Sections 90.527(a)(3) and (6), 47 C.F.R. §§ 90.527(a)(3), (6) (requiring that regional plans incorporate a general description of how the spectrum would be allotted among the various eligible users, and a detailed description of how the plan put the spectrum to the best possible use).7 Region 3 states that it utilizes the Computer Aided Pre-Allocation Resource and Database (CAPRAD) 8 program as a guideline for assigning spectrum. However, CAPRAD was not updated to reflect the new consolidated band frequencies prior to the Bureau’s plan amendment filing deadline. On June 9, 2008, Region 3 submitted a revised Appendix G – Pre-Allocation and Current Assignment of Spectrum Statement.9 As a result, the waiver request is now moot. Region 3 Plan Amendment. The plan amendment revises the former Plan Appendix G – AZ 700 RPC CAPRAD, dated August 31, 2005. The revised Appendix G – Pre-Allocation and Current Assignment of Spectrum Statement is updated to reflect the available General Use frequencies in the new consolidated narrowband spectrum plan, pursuant to the Second Report and Order.10 Region 3 coordinated the Plan Amendment and obtained letters of concurrence from its five adjacent regions, Region 5 (Southern California), Region 7 (Colorado), Region 27 (Nevada), Region 29 (New Mexico) and Region 41 (Utah). Thus, we tentatively accept the Plan.11 4 See Public Safety and Homeland Security Bureau Announces an Extension of the Deadline for 700 MHz Regional Planning Committees to Amend 700 MHz Narrowband Plans from November 23, 2007 to January 31, 2008, PS Docket No. 06-229, WT Docket No. 96-86, Public Notice, 22 FCC Rcd 19461 (2007). 5 The Region 3 (Arizona) 700 MHz regional planning area encompasses the entire state of Arizona, consisting of fifteen counties and twenty-two Native American Tribal Communities. See Plan Section 3.0 Region Description at 7, for a list and map identifying the name and location of each Tribal Community. In addition, Region 3 shares a border with Mexico. 6 See Letter from Mark Schroeder, Region 3 700 MHz Regional Planning Committee, to Federal Communications Commission, Public Safety and Homeland Security Bureau, WT Docket No. 96-86, PS Docket No. 06-229 (filed Jan. 31, 2008) (Plan Amendment and Waiver Request). The Region 3 Plan was initially approved in November 2006. See Public Safety and Homeland Security Bureau Approves Region 3 (Arizona) 700 MHz Regional Plan, WT Docket No. 02-378, Public Notice, 21 FCC Rcd 13565 (2006). 7 See Waiver Request at 84; see also 47 C.F.R. §§ 90.527(a)(3), (6). 8 The Computer Aided Pre-Allocation Resource and Database (CAPRAD) system is a spectrum management tool provided by the National Institute of Justice, National Law Enforcement and Corrections Technology Center (NLECTC). The CAPRAD system is available at http://caprad.nlectc.du.edu. 9 See Letter from Mark Schroeder, Region 3 700 MHz Regional Planning Committee, to Federal Communications Commission, Public Safety and Homeland Security Bureau, WT Docket No. 96-86, PS Docket No. 06-229 (filed June 9, 2008) (submitting Appendix G - Pre-Allocation and Current Assignment of Spectrum Statement). 10 See Plan Amendment, Appendix G – Pre-Allocation and Current Assignment of Spectrum Statement. 11 See Plan Amendment, Appendix J – Second Report and Order Plan Change Concurrences from Adjacent Regions. 3 Interested parties may file comments on the plan amendment on or before August 8, 2008. Parties interested in submitting reply comments must do so on or before August 18, 2008. All comments and reply comments should reference the subject plan amendment and PS Docket No. 06-229 and WT Docket No. 02-378. Comments and reply comments may be filed by using (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). § Electronic Filers: Comments and reply comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. § For ECFS Filers: In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an email to ecfs@fcc.gov and include the following words in the body of the message: “get form.” A sample form and directions will be sent in response. § Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail (although the Commission continues to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to: Secretary, Office of the Secretary, Federal Communications Commission. § The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. § U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW, Washington, D.C. 20554. § People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, D.C. 20554. Parties must also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, (202) 488-5300, or via email to fcc@bcpiweb.com. 4 The plan amendment is available through ECFS at ecfs@fcc.gov. Region 3 Plan documents in PS Docket No. 06-229 and WT Docket No. 02-378 are available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th St. SW, Room CY-A257, Washington, D.C. 20554. The documents may also be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, email fcc@bcpiweb.com. For further information regarding this matter, contact Jeannie Benfaida, Policy Division, Public Safety and Homeland Security Bureau at (202) 418-2313 or Jeannie.Benfaida@fcc.gov. - FCC -