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 09-877
Released:  April 21, 2009 
PUBLIC SAFETY AND HOMELAND SECURITY BUREAU APPROVES 
REGION 16 (KANSAS) REVISED 700 MHZ REGIONAL PLAN 
PS Docket No. 06-229 and WT Docket No. 02-378
Introduction.  On January 30, 2008, the Region 16 (Kansas)1 700 MHz Regional Planning 
Committee (RPC) (Region 16) submitted to the Federal Communications Commission (Commission) a 
proposed revised 700 MHz Public Safety Plan (Revised Plan) for General Use2 spectrum in the 769-
775/799-805 MHz band.3  Region 16 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 puts the spectrum to the best possible use).4 Region 16 stated that it utilizes 
the Computer Aided Pre-Allocation Resource and Database (CAPRAD)5 program as a guideline for 
assigning spectrum.  CAPRAD, however, was not updated to reflect the new consolidated band 
frequencies prior to the Bureau’s 700 MHz plan filing deadline.6  
In addition, Region 16 requested waiver of Section 90.527(a)(5) because it was unable to 
coordinate the Revised Plan with Region 34 (Oklahoma).7 Section 90.527(a)(5) provides that regional 
plans must include an explanation of how the plan had been coordinated with adjacent regions.8 On June 
16, 2008, Region 16 submitted a revised channel assignment, and withdrew its request for temporary, 
  
1 The Region 16 (Kansas) 700 MHz regional planning area includes the entire state of Kansas.   
2 The General Use spectrum is administered by regional planning committees (RPCs) and is licensed for public 
safety services on a site-by-site basis in accordance with the relevant Commission-approved regional plan and 
frequency coordination. 
3 See Letter from Randy D. Moon, Chairman, Region 16 700 MHz Regional Planning Committee, to Office of the 
Secretary, Federal Communications Commission, PS Docket No. 06-229 (filed Jan. 30, 2008) (Revised Plan and 
Waiver Request).  The Region 16 plan was initially submitted to the Commission on June 26, 2007.    
4 See Waiver Request at 1; see also 47 C.F.R. §§ 90.527(a)(3), (6).  
5 The allocation plan was developed using the Computer Assisted Pre-coordination Resource and Database System 
(CAPRAD), a spectrum management tool provided by National Institute of Justice, National Law Enforcement and 
Corrections Technology Center.  The CAPRAD system is available at http://caprad.nlectc.du.edu. 
6 See infra note 22.
7 Waiver Request at 1; see also 47 C.F.R. §§ 90.527(a)(5).
8 See 47 C.F.R. § 90.527(a)(5) (each regional planning committee must provide an explanation of how the plan has 
been coordinated with adjacent regions).
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limited waiver of Sections 90.527(a)(3) and (6).9 On October 7, 2008, Region 16 submitted a Letter of 
Concurrence from Region 34 and provided a signed certification that all meetings were open to the 
public.10 On October 16, 2008, Region 16 resubmitted a corrected copy of the Region 34 letter of 
concurrence.11 For the reasons discussed below, we approve the Region 16 700 MHz Revised Plan and 
dismiss the Waiver Request as moot.  
Background.  In 1998, the Commission established a structure to allow RPCs optimal flexibility 
to meet state and local needs, encourage innovative use of the spectrum, and accommodate new and as yet 
unanticipated developments in technology and equipment.12 Each of the fifty-five RPCs is required to 
submit a plan for the General Use spectrum.13 The Commission’s role in relation to the RPCs is limited 
to (1) defining the regional boundaries; (2) requiring fair and open procedures, i.e., requiring notice, 
opportunity for comment, and reasonable consideration; (3) specifying the elements that all regional plans 
must include; and (4) reviewing and accepting proposed plans (or amendments to approved plans), or 
rejecting them with an explanation.14
The Commission expects RPCs to ensure that they represent all public safety entities in their 
regions by providing reasonable notice of all meetings and deliberations.  Further, regional plans must 
include an explanation of how all eligible entities within the region were given such notice.15 For the 
initial meeting called by the convenor to form the RPC and hold elections, the Commission requires at 
least sixty days notice.16 In developing their regional plans, RPCs must ensure that their proposed plans 
comply with the rules and policies governing the 700 MHz public safety regional planning process.17 We 
also encourage the RPCs to consider utilizing the guidelines developed by the Public Safety National 
  
9 See Letter from Randy D. Moon, Chairman, Region 16 700 MHz Regional Planning Committee, to Office of the 
Secretary, Federal Communications Commission, WT Docket No. 02-378 (filed June 16, 2008) (submitting Revised 
Plan, Appendix L – Region 16 (Kansas) 700 MHz General Use Channel Assignments).
10 See Letter from Randy Moon, Chairman, Region 16 700 MHz Regional Planning Committee, to Office of the 
Secretary, Federal Communications Commission,  WT Docket No. 02-378 (filed Oct. 7, 2008) (submitting Region 
34 letter of concurrence, and a signed certification by the regional chairperson that all planning, committee and 
executive meetings were open to the public). 
11 See Letter from Randy Moon, Chairman, Region 16 700 MHz Regional Planning Committee, to Office of the 
Secretary, Federal Communications Commission, WT Docket No. 02-378 (filed Oct. 16, 2008) (submitting 
corrected Region 34 letter of concurrence due to a typographical error in the Oct. 7 submission).
12 See 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, First Report 
and Order and Third Notice of Proposed Rulemaking, 14 FCC Rcd 152 (1998) (First Report and Order); Second 
Memorandum Opinion and Order, 15 FCC Rcd 16844 (2000).  See also 47 C.F.R. § 90.527.
13 See 47 C.F.R. §§ 90.527, 90.531.  An RPC must incorporate certain common elements into its 700 MHz plan.  
The 700 MHz public safety band contains 24 MHz of spectrum for public safety services at 763-775 and 793-805 
MHz, and the narrowband allocation is divided into segments by designated purpose:  General Use, Interoperability, 
Secondary Trunking, State License, Low Power and Reserve channels.  A list of 700 MHz RPCs and region 
activities is available at http://www.fcc.gov/pshs/public-safety-spectrum/700-MHz.
14 First Report and Order, 14 FCC Rcd at 195 ¶ 87.
15 Id. at 193-94 ¶ 84.  RPCs must promptly adopt operating procedures that “ensure that all entities will be given 
reasonable notice of all committee meetings and deliberations.”  Id. at 195 ¶ 86.   
16 Id. at 195 ¶ 86 & n.220.  
17 See 47 C.F.R. § 90.527.  See also First Report and Order, 14 FCC Rcd at 190-96 ¶¶ 77-89.  
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Coordination Committee (NCC).18 RPCs may approach the assignment of the spectrum differently, e.g., 
by making specific assignments to eligible public safety entities, or by establishing an allotment pool 
approach based on political boundaries such as counties.
On July 31, 2007, the Commission adopted a Second Report and Order revising the rules 
governing wireless licenses in the 700 MHz band.19 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 RPC plans (i.e. require that the plans be amended).20 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, 2007.21 On November 9, 2007, the Public Safety and 
Homeland Security Bureau (the Bureau) extended the deadline for RPCs to 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.22 In a Public Notice released December 27, 
2007, the Bureau provided further guidance with respect to the submission of amended RPC plans.23
  
18 The NCC was a federal advisory committee established by the Commission in 1999 to address and advise the 
Commission on operational and technical parameters for use of the 700 MHz public safety band.  In addition, the 
NCC was tasked with providing voluntary assistance in the development of coordinated regional plans, and 
developed a Regional Planning Guidebook. Following the sunset of the NCC’s charter on July 25, 2003, the 
National Public Safety Telecommunications Council (NPSTC) agreed to continue to provide assistance to regional 
planners.  A copy of the 700 MHz Regional Planning Guidebook is available at the NPSTC website, 
http://www.npstc.org/nccsubcom.jsp. 
19 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).
20 Id. at 15414 ¶ 346.  
21 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 39 (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).
22 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 (PSHSB 2007).    
23 See Public Safety and Homeland Security Bureau Reminds 700 MHz Regional Planning Committees of the 
January 31, 2008 Deadline to Amend 700 MHz Narrowband Plans and Provides Further Guidance, PS Docket No. 
06-229, WT Docket No. 96-86, Public Notice, 22 FCC Rcd 21889 (PSHSB 2007).
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Review of the Region 16 Revised 700 MHz Plan.  Region 16 convened its first meeting on 
October 13, 2002, and elected its officers at a subsequent meeting held November 7, 2002.24 The Revised 
Plan includes By-laws,25 a detailed membership list,26 an outreach notification process and meeting 
announcements.27 The Region 16 Chair has certified that all planning meetings were open to the public, 
pursuant to 47 C.F.R. § 90.531(a)(8).
 
The Plan provides detailed guidelines and procedures for spectrum allotment applications,28
outlines interoperability operational parameters, and lists all known public safety band interoperability 
channels.  In addition, Region 16 supports the use of deployable systems, both conventional and trunked; 
provides guidelines for interoperability channel allocation on single trunked systems, and permits 
trunking on the interoperability channels with limitations.29
Region 16 Revised Plan pre-allocates the consolidated narrowband General Use spectrum by 
county.30 The Revised Plan was coordinated with the five adjacent regions to Region 16:  Region 7 
(Colorado), Region 24 (Missouri), Region 26 (Nebraska), Region 34 (Oklahoma), and Region 52 (Texas-
Panhandle).31 In addition, Region 16 obtained the required Interregional Coordination Procedures and 
Procedures for Resolution of Disputes agreements from all five adjacent regions.   
On December 1, 2008, the Region 16 Revised Plan was placed on Public Notice for comment.32  
We received no comments.  We have reviewed the Revised Plan submitted by Region 16, and conclude, 
based on the information before us, that it complies with FCC rules and policies. Accordingly, pursuant 
to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.102(b) 
of the Commission’s rules, 47 C.F.R. § 1.102(b), the Revised Region 16 (Kansas) 700 MHz Public Safety 
Plan is APPROVED. 
  
24 See Revised Plan, Introduction and Summary at 1-2; see also, Revised Plan, Section 4 Notification Process at 5 
(the RPC conducts formal meetings at least twice a year and maintains a Yahoo user group which includes plan 
documents, forms and meeting summaries available at KS700MHz@yahoogroups.com).  
25 See Revised Plan, Appendix H – By-laws.  
26 See Revised Plan, Appendix A – Committee Membership.  
27 See Revised Plan, Appendix G – Meeting Announcements (to encourage broad participation meetings were held 
in several cities -- Hays, Olathe, Salina, Topeka and Wichita).  
28 See Revised Plan, Section 5.2 Applications at 6-9 (details the process, and notes the loading standards, system 
implementation factors, geographic efficiency and technical parameters); see also Revised Plan, Appendix I – 700 
MHz Pre-Assignment Rules.    
29 See Revised Plan, Section 6.5 Trunking on the Interoperability Channels at 14-15.  We note that here, Region 16 
incorrectly states that “the channels (two 6.25 kHz pairs) in the Reserve Spectrum … are available for secondary 
trunking.”   We remind the RPCs that the Reserve Spectrum segment of the 700 MHz band is not part of the RPC’s 
administrative management responsibilities, which is limited to the General Use segment.    
30 See Revised Plan, Appendix L – Region 16 (Kansas) 700 MHz General Use Channel (narrowband pool allotments 
have a channel bandwidth of 25 kHz to provide flexibility to accommodate multiple technologies using multiple 
bandwidths).  
31 See Revised Plan, Appendix N – Adjacent Regions Concurrences and Inter-Regional Dispute Resolution 
Agreements (submitted Jan. 30, 2008; revised Oct. 16, 2008).  
32 See Comments Invited on Region 16 (Kansas) 700 MHz Regional Planning Committee Revised Public Safety 
Plan, PS Docket No. 06-229, WT Docket No. 02-378, Public Notice, 23 FCC Rcd 17293 (PSHSB 2008).  
Comments were due December 22, 2008, and reply comments were due January 2, 2009.  
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This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the 
Commission’s rules, 47 C.F.R. §§ 0.191, 0.392.
Action by the Chief, Policy Division, Public Safety and Homeland Security Bureau.
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