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 10-1164 June 24, 2010 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU APPROVES REGION 42 (VIRGINIA) 700 MHZ REGIONAL PLAN WT Docket No. 02-378 Introduction. On March 5, 2010, the Region 42 (Virginia)1 700 MHz Regional Planning Committee (RPC) (Region 42) submitted a proposed 700 MHz Public Safety Plan (Plan) for General Use2 spectrum in the 769-775/799-805 MHz band for review and approval.3 For the reasons discussed below, we approve the Region 42 700 MHz Plan. 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.4 Each of the fifty-five (55) RPCs is required to submit its plan for the General Use spectrum.5 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.6 1 The Region 42 (Virginia) 700 MHz regional planning area includes eighty-nine (89) counties, except for the area encompassed by the Counties of Arlington, Fairfax, Fauquier, Loudoun, Stafford and Prince William. The area also includes thirty-five (35) independent cities in the Commonwealth of Virginia. 2 The General Use spectrum is administered by 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 Robert A. DeLauney, Chair, Region 42 (Virginia) 700 MHz Regional Planning Committee, to Office of the Secretary, Federal Communications Commission, WT Docket No. 02-378 (filed Mar. 5, 2010) (submitting regional plan). 4 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. 5 See 47 C.F.R. § 90.527. Each RPC must incorporate certain common elements into its 700 MHz plan. A list of 700 MHz RPCs and region activities is available at http://www.fcc.gov/pshs/public-safety-spectrum/700-MHz/. 6 First Report and Order, 14 FCC Rcd at 195 ¶ 87. 2 On July 31, 2007, the Commission adopted a Second Report and Order revising the rules governing wireless licenses in the 700 MHz band.7 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). Plan Requirements. Each committee is required to submit its plan for the assignment of licenses for General Use spectrum.8 Each regional plan must contain certain elements9 and must be coordinated with adjacent regions.10 RPCs are expected to ensure that their committees are representative of all public safety entities in their regions by providing adequate notice of all meetings, opportunity for comment, and reasonable consideration of views expressed. Plans must include an explanation of how all eligible entities within the region were given such notice.11 Plans should list the steps undertaken to encourage and accommodate all eligible entities to participate in the planning process, such as holding meetings in various parts of the region. In addition, a regional plan should describe outreach efforts made to tribal governments.12 Regional plans may differ in approaches to spectrum planning and management. In particular, some plans may make specific assignments to eligible public safety entities, while others may establish an allotment pool approach based on political boundaries such as counties.13 However, all 700 MHz plans submitted for review and approval must sufficiently address each of the common elements in the Commission’s regional plan requirements.14 RPCs also are encouraged to consider utilizing the guidelines developed by the Public Safety National Coordination Committee (NCC).15 7 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). 8 See 47 C.F.R. §§ 90.527, 90.531. The 700 MHz public safety band plan contains 24 MHz of spectrum for public safety services at 763-775 MHz and 793-805 MHz, and the narrowband allocation is divided into several segments by designated purpose: General Use, Interoperability, Secondary Trunking, State License, Low Power and Reserve channels. 9 See 47 C.F.R. § 90.527; see also First Report and Order, 14 FCC Rcd at 193-94 ¶ 84. 10 See 47 C.F.R. § 90.527; see also First Report and Order, 14 FCC Rcd at 190-96 ¶¶ 77-89. 11 See First Report and Order, 14 FCC Rcd at 193-94 ¶ 84. The Commission directed RPCs to promptly adopt operating procedures that “ensure that all entities will be given reasonable notice of all committee meetings and deliberations.” Id. at 195 ¶ 86. 12 Id. at 193-94 ¶ 84. 13 See Plan, Appendix F – CAPRAD Explanation and Region 42 Table of Channel Allocations at 92-110 (includes simplified 700 MHz pre-assignment rules). The RPC utilizes 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. Access to the CAPRAD system is available at http://caprad.org. For Region 42, a County and/or City-like area is defined as the geopolitical boundary or a County and/or City plus a distance of up to ten miles. 14 See 47 C.F.R. § 90.527. 15 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 3 Review of the Region 42 700 MHz Plan. Region 42 convened its first meeting on October 2, 2001, wherein it elected its chairman and officers, and established two subcommittees: Technical, and System Implementation.16 The Plan includes By-laws,17 a detailed membership list,18 and meeting notices and summaries.19 The Plan describes the procedures for requesting spectrum allotments,20 details the application review and scoring process,21 outlines system implementation criteria and spectrum utilization.22 The Commonwealth of Virginia, through its Interoperability Coordinator, administers the state interoperability channels.23 The Plan lists the RPC supported interoperability channels and identifies the minimum channel quantity for calling and tactical channels.24 The Region 42 Chair has certified that all planning meetings were open to the public, pursuant to 47 C.F.R. § 90.531(a)(8).25 The Region 42 Plan pre-allocates the consolidated narrowband General Use spectrum by county and city areas.26 The Plan was coordinated with all seven adjacent regions to Region 42 including: Region 17 (Kentucky), Region 20 (District of Columbia, Maryland and Northern Virginia), Region 28 (Delaware, Eastern Pennsylvania and Southern New Jersey), Region 31 (North Carolina), Region 36 (Western Pennsylvania), Region 39 (Tennessee), and Region 44 (West Virginia).27 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 at http://www.npstc.org/nccsubcom.jsp. 16 See Plan, Section 1.9 – Meetings and Public Notices at 7 (notifications were published by FCC public notice and in the APCO Association of Public Safety Communications Officials International, Inc. (APCO) publications). 17 See Plan, Appendix A – By-Laws of Region 42 at 34-38. 18 See Plan, Appendix B – Region 42 Membership, Table B-1 at 39-40.; see also List of Independent Counties and Cities within Region 42, Table B-2 at 41-43. 19 See Plan, Appendix D – Copies of All Notices, Comments and Submissions at 46-67. 20 See Plan, Section 3 – Allocation of General Use Spectrum (provides trunking and application requirements, loading recommendations, content needed for system capacity statement, and explains slow growth plan criteria) at 11-13. 21 See Plan, Section 3.4 – Region 42 Application Requirements at 13-15 (includes itemized list of support documentation, and directs applicants to submit request package to the Region 42 Technical Subcommittee online through CAPRAD or by hard copy with e-copy CD); see also Plan, Section 4 - Processing and Evaluating Applications at 21-25 (scoring based on system type, implementation factors, intersystem interoperability, loading requirements and system density/geographic efficiency). 22 See Plan, Section 5.5 – System Implementation Overview at 26-27. 23 See Plan, Section 6 – Utilization of Interoperability Channels at 28 (in accordance with the Virginia State Interoperability Executive Committee (SIEC) plan available at http://interoperability.publicsafety.virginia.gov). See also Plan, Appendix E – Sample Memorandum of Understanding at 87-90 (includes minimum criteria required for interoperability MOU), Table of 700 MHz Interoperability Channels, and Project 25 Common Air Interface Interoperability Channel Technical Parameters). 24 See Plan, Section 3.9.1 Minimum Channel Quantity at 18-19. 25 See Plan, Section 8 – Certification at 30. 26 See Plan, Appendix F – Proposed Region 42 700 MHz Voice Channel Allotment Plan at 144-150. See also Channel Numbers and Channel Center Frequencies Narrowband Segments of the 769-775 MHz and 799-805 MHz bands at 111-143. 27 See Plan, Section 7 – Adjacent Region Review at 29; see also Plan, Appendix H – Evidence of Coordination with Adjacent Regions at 192-216 (Intra-Regional Coordination and Procedures for Resolution of Disputes). 4 On May 7, 2010, the Bureau released a Public Notice seeking comment on the Region 42 Plan.28 We received no comments. Based on our review of the plan, we conclude 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 Region 42 (Virginia) 700 MHz Public Safety Plan is APPROVED. 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. - FCC - 28 See Public Safety and Homeland Security Bureau Seeks Comments on Region 42 (Virginia) 700 MHz Regional Planning Committee Proposed Public Safety Plan, WT Docket No. 02-378, Public Notice, 25 FCC Rcd 4795 (PSHSB 2010). Comments were due May 27, 2010, and reply comments were due June 7, 2010.