,JULIUS GENACHOWSKI CHAIRMAN FEDERAL COMMUNICATIONS COMMISSION January 3, 2013 The Honorable Jon Runyan U.S. House of Representatives 1239 Longworth House Office Building Washington, D.C. 20515 Dear Congressman Runyan: Thank you for your letter regarding interference to public safety communications systems in New Jersey. I appreciate your interest in this matter and am pleased to provide the enclosed letter on this issue from the Chief of the FCC's Public Safety Homeland Security Bureau. If you have any additional questions or need any further assistance, please do not hesitate to contact me. Julius Genachowski 445 12TH STREET S.W. WASHINGTON, D.C. 20554 • 202-418-1000 Fedenil Communications Commission Washington, D.C. 20554 January 3, 2013 In Reply Refer To: 1200144 The Honorable Jon Runyan U.S. House of Representatives 1239 Longworth House Office Building Washington, D.C. 20515 Dear Congressman Runyan: Thank you for your letter concerning public safety radio licensees in New Jersey that have reported interference from local and distant television (TV) stations. I appreciate your concern and want to assure you that staff of the Commission's Public Safety and Homeland Security Bureau (Bureau) has been working with the affected public safety licensees to explore all viable options. This interference appears to be the result of a physical phenomenon in the atmosphere, also known as "ducting," that causes electromagnetic radio waves to be transmitted over unusually long distances beyond their ordinary range. When this condition exists (most frequently during nighttime hours in the summer), distant television broadcast signals, sometimes originating hundreds of miles away, can be transmitted through the atmosphere, causing harmful interference to land mobile radio systems operating on the same channel. In this particular case, it appears some public safety licensees operating in central and southern New Jersey are receiving harmful interference from distant broadcast TV licensees operating on the same TV Channel 20 (506-512 MHz) frequencies. Options for resolution of this issue are limited because the television broadcasters in question are operating their systems in full compliance with the Commission's broadcast transmission power limits. Forecasting these conditions, or predicting the timing, duration, or geographic scope of specific ducting events is impossible. Frequency relocation is one possible way to address the problem. In this regard, Commission staff has been working with affected jurisdictions to identify alternative frequencies other than Channel 20 that have not been susceptible to ducting interference in the region. As a result, the Bureau has granted waivers to two public safety entities in New Jersey to use alternative frequencies for their operations, assigning TV Channel 15 frequencies to Ocean County in 2009 and TV Channel 16 frequencies to Woodbridge Township in 2010. Moreover, in February 2012, President Obama signed the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Section 6103 of the Spectrum Act requires the Commission to reallocate the spectrum in TV Channels 14-20 used by public safety agencies in order to issue new initial licenses pursuant to competitive bidding. This reallocation must occur within nine years of the The Honorable Jon Runyan Page 2 Spectrum Act's enactment, or by February 2021. Section 6103 further requires public safety licensees operating on TV Channels 14-20, including those in New Jersey, to relocate within two years after the completion of competitive bidding. While the Commission does not have statutory authority or resources to provide funding assistance, Section 6103 makes the funds received from the future auction of spectrum in TV Channels 14-20 available to the Assistant Secretary for Telecommunications at the National Telecommunications and Information Administration (NTIA) to pay for the relocation expenses of public safety licensees. Alternatively, Commission staff encourages licensees to work with agencies like the Department of Homeland Security to identify potential grant programs and other funding resources. The Commission stands ready to assist in the licensing process for any jurisdictions making this migration. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. ~t!e(fely, I &-V;~~ David S. Turetsky Chief, Public Safety and Homeland Security Bureau