Federal Communications Commission FCC 16-48
STATEMENT OF
COMMISSIONER MICHAEL O’RIELLY
APPROVING IN PART, CONCURRING IN PART
Re: Emission Mask Requirements for Digital Technologies on 800 MHz NPSPAC Channels; Analog 
FM Capability on Mutual Aid and Interoperability Channels, PS Docket No. 13-209, RM-11663, 
Report & Order
For the most part, I am generally supportive of today’s action that will help guard against 
interference and promote interoperable communications in certain public safety bands. I must concur, 
however, to two sections of this item.  
First, I largely oppose any type of technology mandate.  Today’s item requires that all public 
safety radios operating on the 800 MHz, VHF and UHF mutual aid and interoperability bands must have 
analog FM capability.  While I understand the pursuit of interoperability on interoperability channels, 
industry, despite not having a technology requirement, has adopted FM analog as the de facto standard in 
these bands.  Therefore, this requirement seems unnecessary.  In fact, what happened here is the 
preferable approach – industry determined the best means to produce interoperability.  Once a technology 
is set in regulatory stone, innovation and investment may be deterred or, if a better technology is or 
becomes available, it could take years to update our rules to reflect such advancements.  And, frankly, it 
seems ridiculous in today’s digital world to be requiring that devices have less efficient, analog 
technology.  
Second, I continue to have deep concerns about the cost-benefit analyses contained in the 
Commission’s items.  While I appreciate that staff took my concerns into consideration and made changes 
to this section, this item still lacks a quantitative assessment of the actual costs and benefits of our actions.  
Simply put, the Commission has the responsibility to conduct such a review and yet it does not 
sufficiently do so, which I cannot fully support.  
As long as the Commission continues to shirk its obligations, I reiterate my plea to stakeholders 
that they inform our analysis by providing data about the cost savings of their proposals or the possible 
costs of Commission rules.  This will assist the Commission in weighing the cost and benefits and, 
ultimately, inform whether regulatory actions are justified.