PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 09-2161 Released: October 2, 2009 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON REGION 9 (FLORIDA) 800 MHz REGIONAL PLANNING COMMITTEE NON-STREAMLINED AMENDMENT TO REFLECT 800 MHZ BAND RECONFIGURATION IN THE 806-809/851-854 MHZ BAND WT Docket No. 02-55 and Gen. Docket No. 90-119 Comments Due: October 22, 2009 Reply Comments Due: November 2, 2009 The 800 MHz Report and Order and subsequent orders in WT Docket No. 02-55 provide for reconfiguration of the 800 MHz band in order to eliminate harmful interference to public safety operations within the band.1 As part of band reconfiguration, in all non-border areas, the former National Public Safety Planning Advisory Committee (NPSPAC) band at 821-824/866-869 MHz has shifted fifteen megahertz lower in the band to 806-809/851-854 MHz, and NPSPAC incumbents are in the process of relocating from the old to the new band. As a consequence of 800 MHz band reconfiguration, all non-border 800 MHz Regional Planning Committees (RPCs)2 are required to amend their regional plans currently on file with the Commission to reflect the fifteen-megahertz shift in the NPSPAC band from 821-824/866-869 MHz to 806-809/851-854 MHz.3 1 See Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004) (800 MHz Report and Order). 2 RPCs for all NPSPAC regions in Waves 1, 2, and 3, other than Region 19 (New England), must file amendments. NPSPAC Region 19 and all NPSPAC regions in Wave 4 are excluded from this requirement, and RPCs for these regions are not required to submit amended plans at this time. We will provide information on the plan amendment process for these regions at a later date, after the 800 MHz Transition Administrator determines replacement channel assignments for NPSPAC licensees in the U.S. - Canada and U.S. - Mexico border areas. 3Amendments limited to changing frequency, downward, by 15 MHz are filed using a “Streamlined Amendment” procedure in which applicants need not obtain concurrence of adjoining regions. A “Non-Streamlined Amendment,” is required otherwise, and applicants must obtain adjoining region concurrence and describe other proposed changes to the plan. After initial review, the Bureau places Non-Streamlined Amendments on public notice for comment prior to disposition. See Public Safety and Homeland Security Bureau Provides Guidance on Amendment of 800 MHz Plans to Reflect 800 MHz Reconfiguration and on Licensing of New NPSPAC Facilities in the 806-809/851- 854 MHz Band, WT Docket No. 02-55, Public Notice, 24 FCC Rcd 1364 (PSHSB 2009). News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov 2 The Commission’s policies require the RPCs to prepare and submit regional plans for use of the NPSPAC band in their respective Public Safety Regions.4 The RPCs must also update their regional plans as needed to conform to changes in the nationwide NPSPAC band plan, and to reflect other changes in the disposition of NPSPAC channels within the region, technical requirements, or procedures for assigning channels.5 On April 16, 2009, the Region 9 (Florida)6 800 MHz NPSPAC Regional Planning Committee submitted a proposed Non-Streamlined Plan Amendment for review and approval.7 In addition to changes to the channel allocations,8 the Non-Streamlined Amendment includes the following modifications: § Modifies Section 4.5 - Florida Region Channel Allotment Process - to reflect a new application process. Application review and channel allotments will be made on a first-come, first-served basis.9 § Updates the names, addresses and web links.10 § Removes former Section 6.2.2 - Terrain Profile Graphs - because the Florida Regional Interference Program (FRIP) includes a built-in terrain elevation database.11 § Removes Table VIII – Statewide VHF Pairs - due to obsolescence. § Reorganizes and reformats several sections for simplicity, consistency and clarity, leaving Sections 1, 2 and 3 unchanged. 4 See 47 C.F.R. § 90.16 (no assignments will be made in spectrum designated for the Public Safety National Plan until a regional plan for the area has been accepted by the Commission); see also Development and Implementation of a Public Safety National Plan and Amendment of Part 90 to Establish Service Rules and Technical Standards for Use of the 821-824/866-869 MHz Bands by the Public Safety Services, Gen. Docket No. 87-112, Report and Order, 3 FCC Rcd 905 (1987) (National Plan Report and Order). 5 See National Plan Report and Order, 3 FCC Rcd at 911 ¶57. 6 The Region 9 (Florida) 800 MHz NPSPAC regional planning area encompasses the entire state of Florida, consisting of 67counties. 7 See Letter from Ray Carlson, Chair, Region 9 (Florida) NPSPAC Regional Planning Committee, to Federal Communications Commission, WT Docket No. 02-55, PR Docket No. 93-130 (filed Apr. 16, 2009) (submitting Non-Streamlined Plan Amendment). 8 See Non-Streamlined Plan Amendment, Section 4.6 - Tables of Region-9 Channel Allotments at 13 (Table III depicts all channel allotments, including licensed channels, sorted alphabetically by county. Table IV lists the channel allotments sorted by FCC channel number). 9 See id. Section 4.5 – Florida Region Channel Allotment Process at 12. 10 See id. Section 2 – Development of the Florida Region Plan, Table I – Florida Region 9 and Subregion Chairmen at 7. A master copy of the Region 9 Plan is located on the web at http://dms.myflorida.com/suncom/public_safety/radio_communications/radio_communication_plans. 11 See id. Section 6.2.2, now titled “State of Florida Implementation of Mutual Aid Channels” at 58, replacing the former Section 6.2.2 – Terrain Profile Graphs. 3 Furthermore, Region 9 provided evidence of coordination with its two adjacent regions: Region 1 (Alabama) and Region 10 (Georgia).12 Interested parties may file comments on the Non-Streamlined Plan Amendment on or before October 22, 2009. Parties interested in submitting reply comments must do so on or before November 2, 2009. All comments and reply comments should reference the subject plan amendment and Gen. Docket No. 90-119 and WT Docket No. 02-55. 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. 12 See id. Appendix F – Adjacent Region Concurrence with the Florida Region Plan at 73-74 (providing letters of concurrence from adjacent regions). 4 § 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. The Non-Streamlined Plan Amendment is available through ECFS at ecfs@fcc.gov. Region 9 Non-Streamlined Plan Amendment documents in WT Docket No. 02-55 and Gen. Docket No. 90-119 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 -