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 Released: December 5, 2008 ERRATUM PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENTS ON REGION 16 (KANSAS) REVISED 700 MHZ REGIONAL PLAN PS Docket No. 06-229; WT Docket No. 02-378 The Public Notice, DA 08-2624, released by the Public Safety and Homeland Security Bureau on December 1, 2008, in the above captioned proceeding, contained typographical errors and is hereby corrected as follows: 1. The first paragraph is revised to read as follows: Introduction. On January 30, 2008, the Region 16 (Kansas)1 700 MHz Regional Planning Committee (RPC) (Region 16) submitted 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 put the spectrum to the best possible use).4 Region 16 states that it utilizes the Computer Aided Pre-Allocation Resource and Database (CAPRAD) program as a guideline for assigning spectrum (the CAPRAD system is a spectrum management tool provided by the National Institute of Justice, National Law Enforcement and Corrections Technology Center (NLECTC). The CAPRAD system is available at http://caprad.nlectc.du.edu.). CAPRAD was not updated to reflect the new consolidated band frequencies prior to the Bureau’s plan amendment filing deadline. 2. The second paragraph is revised to read as follows: Region 16 also requested waiver of Section 90.527(a)(5), because it was unable to coordinate the Revised Plan with Region 34 (Oklahoma).5 Section 90.527(a)(5) provides that regional plans 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 Plan, 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 Waiver Request at 1; see also 47 C.F.R. §§ 90.527(a)(5). 2 must include an explanation of how the plan had been coordinated with adjacent regions.6 On June 16, 2008, Region 16 submitted a revised Appendix L – Region 16 (Kansas) 700 MHz General Use Channel Assignment, and withdrew its request for temporary, limited waiver of Sections 90.527(a)(3) and (6).7 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.8 On October 16, 2008, Region 16 resubmitted a corrected copy of the Region 34 letter of concurrence.9 As a result, the waiver requests are now moot. 3. The third paragraph, first sentence is revised to read as follows: Background. In 1998, the Federal Communications Commission (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.10 4. The last sentence of footnote 11 is revised to read as follows: A list of 700 MHz RPCs and region activities is available at http://www.fcc.gov/pshs/public- safety-spectrum/700-MHz. 5. Footnote 23 is revised to read as follows: See Revised Plan, Appendix N – Adjacent Regions Concurrences and Inter-Regional Dispute Resolution Agreements (submitted Jan. 30, 2008; revised Oct. 16, 2008). - FCC - 6 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). 7 See Letter from Randy D. Moon, Chairman, Region 16, Chairman, Region 16 700 MHz Regional Planning Committee Plan, WT Docket No. 02-378 (filed June 16, 2008) (submitting Revised Plan, Appendix L – Region 16 (Kansas) 700 MHz General Use Channel Assignments). 8 See Letter from Randy Moon, Chairman to 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). 9 See Letter from Randy Moon, Chairman to 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). 10 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.