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 08-559 March 12, 2008 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU INVITES COMMENTS ON REGION 39 (TENNESSEE) 700 MHZ REGIONAL PLAN AMENDMENT PS Docket No. 06-229 and WT Docket No. 02-378 Comments Due: April 2, 2008 Reply Comments Due: April 14, 2008 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). 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 submit 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 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 On January 31, 2008, Region 39 (Tennessee)5 700 MHz Regional Planning Committee submitted a proposed amendment to its 700 MHz Public Safety Plan.6 The plan amendment does the following: § Revises Plan Section 1, General Information, by adding the revised 700 MHz Band Plan for Public Safety Services spectrum chart.7 § Deletes Plan Section 3.5, Wideband Data, and inserts instructions for entities desiring implementation of either wideband or broadband data systems, to contact the Public Safety Broadband Licensee as set forth in the Second Report and Order.8 § Amends the General Use Channel Allocations.9 § Modifies the Region 39 Bylaws as follows: o Clarifies Section 3.4 Chairman and Vice-Chairman (additional duties) o Adds Section 3.7.1 Committees (creating three Standing Committees: Technical/Implementation; Interoperability; and Education/Outreach); and o Adds Section 3.7.2 Executive Board (comprised of Chair, Vice-Chair and Chairs of the three Standing Committees).10 The proposed plan amendment was reviewed by, and letters of concurrence obtained from, the eight regions adjacent to Region 39: Region 1 (Alabama); Region 4 (Arkansas); Region 10 (Georgia); Region 17 (Kentucky); Region 23 (Mississippi); Region 24 (Missouri); Region 31 (North Carolina); and 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 39 (Tennessee) 700 MHz regional planning area encompasses the entire state of Tennessee, consisting of ninety-five counties. See Plan Appendix C – Tennessee Counties and Population Data. 6 See Letter from John Johnson, Region 39 700 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). The Region 39 Plan was initially approved in June 2006. See Wireless Telecommunications Bureau Approves Region 39 (Tennessee) 700 MHz Regional Plan, WT Docket No. 02-378, Public Notice, 21 FCC Rcd 6913 (2006). 7 See Plan Section 1- General Information (stating that its Plan amendment aligns the Region 39 700 MHz RPC Plan with the Commission’s Second Report and Order). 8 See Plan Section 3.5 Wideband Data. 9 See Plan Appendix G – Channel Allotments by Class. 10 See Plan Appendix A – Bylaws of the 700 MHz Regional Planning Committee. 3 Region 42 (Virginia); as well as two non-adjacent regions: Region 44 (West Virginia) and Region 37 (South Carolina).11 Interested parties may file comments on the plan amendment on or before April 2, 2008. Parties interested in submitting reply comments must do so on or before April 14, 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). 11 See Plan Amendment at pages 111-120 (copies of letter of concurrence from adjacent regions); see also 47 C.F.R. § 90.527(a)(5) (requiring each regional planning committee provide an explanation of how its plan has been coordinated with adjacent regions). 4 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. The plan amendment is available through ECFS at ecfs@fcc.gov. Region 39 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 -