*Pages 1--3 from Microsoft Word - 14873* NEWS News media Information 202 / 418- 0500 TTY 202 / 418- 2555 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Federal Communications Commission 445 12 th Street, S. W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D. C. Circ 1974). FOR IMMEDIATE RELEASE NEWS MEDIA CONTACT: February 14, 2002 Meribeth McCarrick at (202) 418- 0654 FCC DESIGNATES 4.9 GHz BAND FOR USE IN SUPPORT OF PUBLIC SAFETY AND PROPOSES LICENSING AND SERVICE RULES Washington, D. C. – The Federal Communication Commission (FCC) has adopted a Second Report and Order and Further Notice of Proposed Rulemaking allocating 50 megahertz (MHz) of spectrum in the 4940- 4990 MHz band (4.9 GHz band) for fixed and mobile wireless services and designating the band for use in support of public safety. The Commission also sought comment on various issues including licensing and services rules for the 4.9 GHz band. This FCC action aligns with new national priorities focusing on homeland security, and will ensure that entities involved in the protection of life and property possess the communications resources needed to successfully carry out their mission. This allocation and designation will provide public safety users with additional spectrum to support new broadband applications such as high- speed digital technologies and wireless local area networks for incident scene management. The spectrum also can support dispatch operations and vehicular or personal communications. This action completes the process of transferring this spectrum from Federal Government to non- Federal Government use pursuant to statutory requirements of the Omnibus Budget Reconciliation Act of 1993. Specifics of the adopted Second Report and Order: - allocates the 4.9 GHz band for fixed and mobile (excluding aeronautical mobile) use; - designates the 4.9 GHz band for use in support of public safety; - deletes Part 26 of the Commission Rules, since these rules refer to the 4660- 4685 MHz band, a band over which the FCC no longer has jurisdiction. Specifics of the adopted Further Notice of Proposed Rule Making: The Further Notice portion of the item seeks comment on the following issues: - the establishment of the 4.9 GHz band licensing and service rules; - defining eligibility to use the band, including the scope of the public safety designation; - specific band segmentation and channeling plans; - the interference impact on the 4.9 GHz band operations from adjacent band U. S. Navy operations; 1 - utilization of the band in a manner that will not interfere with adjacent band radio astronomy operations; - the implementation of technical standards for both fixed and mobile operations on the band; and - innovative new licensing approaches to serve public safety. Action by the Commission February 14, 2002, by Second Report and Order and Notice of Proposed Rulemaking (FCC 02- 47). Chairman Powell, Commissioners Abernathy, Copps and Martin with Commissioner Abernathy issuing a separate statement. FCC Contacts: Further Notice of Proposed Rulemaking: Genevieve Augustin, 418- 1305 (Wireless Telecommunications Bureau) Second Report and Order: Tom Derenge, 418- 2451 (Office of Engineering and Technology) WT Docket No. 00- 32 2 SEPARATE STATEMENT OF COMMISSIONER KATHLEEN ABERNATHY In re: The 4.9 GHz Band Transferred from Federal Government Use, Second Report and Order and Further Notice of Proposed Rulemaking (WT Docket No. 00- 32)( adopted February 14, 2002). Today’s Order begins to deliver on the Commission’s new homeland security policy priorities. While public safety issues have always been important to the Commission, there is no doubt that this fall’s events created a new sense of urgency. The allocation of the 4.9 GHz band, its designation for public safety, and the initiation of a service rules proceeding, signal this Commission’s commitment to public safety and homeland security. Our long- anticipated decision has three important components: a national flexible allocation, broadband capability, and possible international harmonization. For these reasons, I have previously indicated my support for the policy approach taken today and I reaffirm that support today. National Flexible Allocation: The public safety community has long suffered under a fragmented spectrum allocation and service rule regime that limits the ability of various public safety entities to provide a diverse range of services across national spectrum bands. Today’s 50 MHz allocation will lend itself to operations across traditional state and local boundaries and speed response times at emergency sites. I look forward to developing service rules that, like our approach at 700 MHz, emphasize the ability of emergency response service providers to communicate in a variety of ways and inter- operate across jurisdictions. Broadband Capability: For too long, the public safety community has not had the spectrum capacity to deploy dedicated wireless broadband facilities. The spectrum characteristics and bandwidth at 4.9 GHz will allow the public safety community to utilize the latest technological tools – through real time video displays, Internet access, and other capabilities – in respond to emergency situations. International Considerations: As we prepare for the 2003 World Radiocommunication Conference in Caracas, the U. S. is examining the value of a possible global allocation for public protection use. WRC Agenda Item 1.3 is actually the topic of an ITU Working Group meeting in Rome as we speak. Going forward, it is important that any international allocation decision grant respective administrations significant flexibility, while also identifying multiple possible bands for such use. In this regard, the United States must be vigilant that the international decisions reached include bands identified domestically – such as the 4.9 GHz and 700 MHz bands. Global harmonization creates significant advantages in the scale and scope of manufacturing for public safety uses – particularly vital because, by definition, this is a fairly discrete market for manufacturers. In addition to the commercial advantages, harmonization may also allow for possible interoperability in anticipation of security threats with an international scope. Today is a good day for public safety – and the Commission staff should take considerable pride in our decision that helps public safety to complete their vital mission for the American people. 3