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NPSTC Petition for Rulemaking

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Released: May 30, 2014
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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th Street, S.W.

Fax-On-Demand 202 / 418-2830

Washington, D.C. 20554

TTY 202 / 418-2555

Internet: http://www.fcc.gov

ftp.fcc.gov

DA 14-747

Released: May 30, 2014

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON

PETITION FOR RULEMAKING OF THE NATIONAL PUBLIC SAFETY

TELECOMMUNICATIONS COUNCIL REQUESTING MODIFICATION OF PART 90 OF

THE COMMISSION’S RULES TO ENABLE RAILROAD POLICE TO ACCESS

FREQUENCIES RESERVED FOR PUBLIC SAFETY INTEROPERABILITY

RM-11721

Comment Date: June 30, 2014

Reply Comment Date: July 15, 2014

The Public Safety and Homeland Security Bureau seeks comment on a Petition for Rulemaking

(Petition) filed by the National Public Safety Telecommunications Council (NPSTC),1 which requests

that the Commission initiate a rulemaking proceeding to consider amending Sections 90.20, 90.523, and

90.6172 of the Commission’s rules to enable railroad police to be eligible to license and operate on public

safety interoperability frequencies.3

NPSTC suggests “that Police organizations operated by the railroads do not fall within the

eligible organizations as defined in Sections 90.20, 90.617, or 90.523 of the rules.” Yet, NPSTC submits

that “bonafide Railroad Police have an increasing need for effective and expeditious communications

interoperability with members of local and state law enforcement, fire and emergency medical

organizations who do meet the Commission’s eligibility requirements.”4

Accordingly, NPSTC urges the

Commission to amend the eligibility rules governing public safety spectrum. NPSTC proposes that the

Commission adopt eligibility criteria endorsed by the International Association of Chiefs of Police

1 Petition for Rulemaking of the National Public Safety Telecommunications Council, RM-11721 (filed May 27,

2014) (Petition).

2 47 C.F.R. §§ 90.20; 90.523; 90.617 (respectively, these rules govern eligibility for public safety spectrum below

512 MHz, 700 MHz and 800 MHz). NPSTC notes that Section 90.523 of the rules implements the definition of

“public safety services” contained in 47 U.S.C. § 337(f)(1) which is somewhat more restrictive than that in Section

90.20. Petition at 4.

3

Id.

4

Id.

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(IACP).5 The IACP Resolution referenced by NPSTC specifically supports such eligibility for railroad

police who:

“…are certified and/or commissioned as a police officer under the laws of any state, in

accordance with the regulations issued by the Secretary of the U.S. Department of Transportation

and employed full time as a railroad police officer for a Class I, II, or III railroad, as defined by

the U.S. Department of Transportation’s Surface Transportation Board and recognized by the

Federal Railroad Administration.”6

We seek comment on whether to initiate a rulemaking proceeding to consider the above-described

rule changes, as requested in the NPSTC Petition. We note that while the IACP Resolution also supports

the need for Railroad Police to be deemed eligible users of the Nationwide Public Safety Broadband

Network, NPSTC believes that is a matter that must be addressed with FirstNet, the Congressionally

established nationwide licensee of the 700 MHz band public safety broadband spectrum.7

Accordingly,

the NPSTC Petition focuses only on Railroad Police eligibility on “land mobile” frequencies reserved for

public safety interoperability.8

Procedural Matters

Interested parties may file comments and reply comments in response to the Petition for

Rulemaking on or before the dates listed on the first page of this Public Notice. All pleadings must

reference RM-11721. Parties may file comments using (1) the Commission’s Electronic Comment Filing

System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.9

§

Electronic Filers: File comments electronically using the Internet by accessing the ECFS:

http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov.

Filers should follow the instructions provided on the website for submitting comments.

§

In completing the transmittal screen, filers should include their full name, U.S. Postal Service

mailing address, and the applicable docket or rulemaking number. Parties may also submit an

electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to

ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A

sample form and directions will be sent in response.

§

Paper Filers: Parties who choose to file by paper must file an original and two copies of each

filing.

Send filings by hand or messenger delivery, by commercial overnight courier, or by first-class or

overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal

5 Petition at 1 citing Resolution CTC.027.a13, IACP Support for Improved Railroad Police Communications,

adopted at the 120th Annual Conference of the IACP, Philadelphia, PA, October 23, 2013 (IACP Resolution).

6 Petition at 5.

7 Id. at 4 note 3.

8

Id.

9 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13

FCC Rcd 11322 (1998).

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Service mail). Address filings to the Commission’s Secretary, Office of the Secretary, Federal

Communications Commission.

§

Deliver hand-delivered or messenger-delivered paper filings to FCC Headquarters at 445

12th St., SW, Room TW-A325, Washington, DC 20554 between 8:00 AM and 7:00 PM.

Use rubber bands or fasteners to hold deliveries together. Dispose of all envelopes

before entering the building.

§

Send commercial overnight mail (other than U.S. Postal Service Express Mail and

Priority Mail) to 9300 East Hampton Drive, Capitol Heights, MD 20743.

§

Send U.S. Postal Service first-class, Express, and Priority mail to 445 12th Street, SW,

Washington DC 20554.10

Parties are requested to send one copy of their comments and reply comments to Best Copy and

Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (800) 378-

3160, e-mail FCC@BCPIWEB.com.

The requests, and comments and reply comments filed in response to this Public Notice are

available for viewing via the Commission's Electronic Comment Filing System (ECFS),

http://www.fcc.gov/cgb/ecfs, by entering the rulemaking number, RM-11721. The documents also will

be available for public inspection and copying during business hours in the FCC Reference Information

Center, Portals II, 445 12th Street S.W., Room CY-A257, Washington, D.C. 20554. They may also be

purchased from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile (202) 488-5563, TTY

(202) 488-5562, e-mail FCC@BCPIWEB.com.

Alternate formats of this Public Notice (computer diskette, large print, audio recording, and

Braille) are available to persons with disabilities by contacting the Consumer & Governmental Affairs

Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an e-mail to fcc504@fcc.gov.

This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with

the Commission's ex parte rules.11

Persons making ex parte presentations must file a copy of any written

presentation or a memorandum summarizing any oral presentation within two business days after the

presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral

ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all

persons attending or otherwise participating in the meeting at which the ex parte presentation was made,

and (2) summarize all data presented and arguments made during the presentation. If the presentation

consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s

written comments, memoranda or other filings in the proceeding, the presenter may provide citations to

such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant

page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them

in the memorandum. Documents shown or given to Commission staff during ex parte meetings are

deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In

proceedings governed by rule 1.49(f) or for which the Commission has made available a method of

electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations,

10 See FCC Announces Change in Filing Location for Paper Documents, Public Notice, 24 FCC Rcd. 14312

(2009).

11 See 47 C.F.R. §§ 1.1200(a), 1.1206.

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and all attachments thereto, must be filed through the electronic comment filing system available for that

proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants

in this proceeding should familiarize themselves with the Commission’s ex parte rules.

For further information regarding this proceeding, contact Michael J. Wilhelm, Deputy Chief,

Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0870 or

michael.wilhelm@fcc.gov.

-- FCC --

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