FCC Takes Second Look At  Emergency Network

May 15, 2008

The Federal Communications Commission (FCC) today adopted a Second Further Notice of Proposed Rulemaking (Notice) that seeks public comment on how the Commission should proceed with the reauction and licensing of the 700 MHz D Block spectrum while maximizing the public safety and commercial benefits of a nationwide, interoperable broadband network.

In July 2007, the FCC adopted rules for the 700 MHz Band spectrum that included the creation of a 10-megahertz license in the D Block to be part of a 700 MHz Public/Private Partnership with the adjacent 10 megahertz of spectrum dedicated to a Public Safety Broadband License. The 700 MHz Public/Private Partnership was designed to achieve the important public policy goal of promoting public safety interoperability, allowing police, fire and other first responders to better communicate with one another in times of emergency. Because the D Block did not meet its $1.3 billion reserve price in the 700 MHz Auction, the FCC intends to re-auction this spectrum under revised rules.

Today’s Notice asks for comment, ideas, and recommendations on how to revise the rules for the D Block. First, the Notice asks whether it remains in the public interest, following the 700 MHz Auction, to retain a Public/Private Partnership between the D Block licensee and the Public Safety Broadband Licensee. The Notice also seeks comment on various potential modifications to the current rules governing the Public/Private Partnership. For instance, the FCC asks whether only entities that provide public safety services, as defined in the Communications Act, are eligible to use the public safety spectrum portion of the shared network established by the Partnership.

Comments are also sought on the technical requirements of the shared wireless broadband network. In this regard, the Notice includes information on a possible technical framework that identifies in greater detail parameters for the shared wireless broadband network.

In addition, commenters may provide input on the following issues raised in the Notice:

·        the rules governing public safety priority access to the network during emergencies;

·        the performance requirements and license term;

·        whether to license the D Block and public safety broadband spectrum on a nationwide or regional basis;

·        the various fees associated with the shared network;

·        whether or not it would be appropriate for the Public Safety Broadband Licensee or any of its agents, advisors, or service providers to serve as a mobile virtual network operator to manage access and use of the 700 MHz D Block of spectrum by first responders;

·        the process for the D Block licensee and the Public Safety Broadband Licensee to negotiate a Network Sharing Agreement;

·        the potential for requirements that the Public Safety Broadband Licensee be a non-profit organization and that no for-profit entities, apart from certain outside advisors or counsel, be involved; and

The Notice also seeks comment on how the D Block should be auctioned and licensed for commercial use if it were not required to be part of a Public/Private Partnership. The FCC requests input on other ways to facilitate the deployment of a public safety broadband network if it found such a partnership were no longer in the public interest. The FCC notes that, if the D Block no longer contained the Public/Private Partnership condition, additional actions by Congress may be necessary to support the cost and build-out of a nationwide, interoperable broadband network for America’s first responders.

Commissioner Robert McDowell siad, "President Franklin D. Roosevelt once said, “It is common sense to take a method and try it. If it fails, admit it frankly and try another. But above all, try something.” Today, all five of us are admitting that we tried something and failed at it. Now we’re back to the drawing board and calling upon the public and interested parties for guidance on how to move forward and successfully auction the D Block.

To put today’s FNPRM in context, let’s review some recent history. Last summer’s 700 MHz Order included a plan to spark the construction of a state-of-the-art, nationwide, interoperable network for America’s public safety users through a public/private partnership. We allocated 10 megahertz of spectrum for public safety use, known as the “D Block,” on top of the 24 megahertz Congress allocated to public safety in 1997. The Commission created this framework after working closely with the public safety community, and I supported it. Hopes were high that this additional spectrum would provide an incentive for a private entity to construct the nationwide, interoperable, broadband network all of us have been discussing since the attacks of 9-11.

Even though public safety already has at its disposal 97 megahertz of spectrum in total to serve America’s approximately two million public safety users, roughly half of that spectrum lies fallow due to a lack of funds and coordination. The Commission allocated an additional 10 megahertz, above and beyond what Congress gave, to try to create an incentive for the private side of the public/private partnership to invest risk capital to build a nationwide public safety network suitable for 21st century challenges. In the absence of congressionally-appropriated funding for this network, the Commission concluded that this type of public/private partnership was the best way to jump-start funding and construction.

In the wake of the D Block’s failure, I have met with a number of parties to analyze what went wrong. Apparently potential bidders were deterred by onerous build-out and service requirements that required the eventual licensee to incur massive costs in an atmosphere of extreme uncertainty regarding how many, if any, public safety entities might actually sign up as paying customers. Today’s further notice offers an open-ended opportunity for all interested parties to tell us what we did wrong, what our new goals should be, and how we can accomplish those goals.

Even though the D Block auction was unsuccessful, I am fully committed to examining all options that may lead to the construction, and continued operations, of this vision. Yes, the comment periods we adopt today are fairly tight; however, it is important that we continue to move forward and increase our momentum. We are well-positioned to build upon our already robust record. I am confident that we can and will proceed in a thorough and thoughtful manner.

What we don’t want is the type of situation Samuel Beckett was referring to when he wrote, “Go on failing. Go on. Only next time, try to fail better.” In contrast, Thomas Edison once said about failure, “I am not discouraged because every wrong attempt discarded is another step forward.” Today we are taking that next step forward. Accordingly, I support this further notice."