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 09-1039 Released: May 8, 2009 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON REGION 12 (IDAHO) 700 MHZ REVISED REGIONAL PLAN PS Docket No. 06-229 and WT Docket No. 02-378 Comments Due: May 28, 2009 Reply Comments Due: June 8, 2009 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). 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 29 (Tennessee), 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 Region 12 Plan Amendment Waiver Request. On January 31, 2008, the Region 12 (Idaho)5 700 MHz Regional Planning Committee (Region 12) submitted a proposed amendment to its 700 MHz Public Safety Plan for review and approval.6 Region 12 concurrently requested a temporary, limited waiver of Section 90.527(a)(3) and (6) of the Commission’s rules, 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 12 stated that it utilizes the Computer Assisted Pre-allocation Resource and Database (CAPRAD) program as its pre-allotment methodology. However, CAPRAD was not updated to reflect the new consolidated narrowband frequencies prior to the Bureau’s plan amendment filing deadline.8 In addition, Region 12 requested a temporary, limited waiver of Section 90.527(a)(5) of the Commission’s rules, 47 C.F.R. §§ 90.527(a)(5) (which provides that regional plans must include an explanation of how the plan had been coordinated with adjacent regions) because it was unable to obtain evidence of concurrence from four of the six adjacent regions adjacent prior to the Bureau’s deadline.9 On March 10, 2009, Region 12 resubmitted its Plan Amendment without a transmittal letter.10 On March 31, 2009, Region 12 submitted a newly revised Plan Amendment to replace its March 10 submission in its entirety, and provided the consolidated narrowband allotments, modifying the channel allotment size to 12.5 kHz. Region 12 further stated that it had disseminated the new plan amendment to its adjacent regions. Lastly, on April 6, 2009, to correct an inadvertent omission, Region 12 submitted a complete set of updated letters of concurrence, evidence of coordination with its six adjacent regions, Region 25 (Montana), Region 27 (Nevada), Region 35 (Oregon), Region 41 (Utah), Region 43 (Washington) and Region 46 (Wyoming).11 As a result, the waiver request is now moot. Region 12 Plan Amendment. The Plan Amendment revises all references to the former General Use band, to the new narrowband consolidated band and includes a new Appendix A – Frequency Allocation List. The revised channel allotment table reflects allocations in the new consolidated 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 12 (Idaho) 700 MHz regional planning area encompasses the entire state of Idaho, consisting of 44 counties, and shares its northernmost border with Canada at the County of Boundary. 6 See Letter from Lieutenant Bart Hamilton, Chairman, Region 12 (Idaho) 700 MHz Regional Planning Committee), WT Docket No. 96-86, PS Docket No. 06-229 (filed Jan. 31, 2008) (submitting Plan Amendment and Waiver Request). The Region 12 plan was initially approved in March 2006. 7 See Waiver Request at 1; see also 47 C.F.R. §§ 90.527(a)(3), (6). 8 See Waiver Request at 1. 9 Id. 10 See Letter from Captain Mike Sanders, Chairman, Region 12 (Idaho) 700 MHz Regional Planning Committee, to Federal Communications Commission, Public Safety and Homeland Security Bureau, WT Docket No. 02-378, PS Docket No. 06-229 (filed Mar. 10, 2009) (resubmitting Plan Amendment, revised Dec. 2, 2008). 11 See Letter from Captain Mike Sanders, Chairman, Region 12 (Idaho) 700 MHz Regional Planning Committee, to Federal Communications Commission, Public Safety and Homeland Security Bureau, WT Docket No. 02-378, PS Docket No. 06-229 (filed Apr. 6, 2009) (submitting updated letters of concurrence). 3 narrowband segments 769-775 MHz and 799-805 MHz. In addition, it corrects minor spelling and grammatical errors.12 Interested parties may file comments on the Plan Amendment on or before May 28, 2009. Parties interested in submitting reply comments must do so on or before June 8, 2009. 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). 12 See Plan Amendment, Appendix A – Region 12 Frequency Allocation List. 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 12 Plan Amendment 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 -