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PSHSB Approves Region 17 (Kentucky) 700 MHz Regional Plan

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Released: August 29, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1845

August 29, 2013

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU APPROVES

REGION 17 (KENTUCKY) 700 MHZ REGIONAL PLAN

WT Docket No. 02-378

Introduction. On October 23, 2012, the Region 17 (Kentucky)1 700 MHz Regional Planning
Committee (RPC) (Region 17) submitted a proposed 700 MHz Public Safety Plan (Plan) for General Use
spectrum2 in the 769-775/799-805 MHz band for review and approval.3 On June 6, 2013, Region 17
resubmitted its plan after making minor changes requested by Public Safety and Homeland Security
Bureau staff.4 For the reasons discussed below, we approve the Region 17 700 MHz Plan.
Background. In 1998, the 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.5 Each of the fifty-five (55) RPCs is required to
submit its plan for the General Use spectrum.6 The Commission's role in relation to the RPCs is limited
to (1) defining regional boundaries; (2) requiring fair and open RPC procedures, i.e., requiring notice,
opportunity for comment, and reasonable consideration; (3) specifying the elements that all regional plans
must include; and (4) reviewing and accepting proposed plans (or amendments to approved plans) or
rejecting them with an explanation.7


1 The Region 17 (Kentucky) 700 MHz regional planning area includes all 120 municipalities in the Commonwealth
of Kentucky.
2 The General Use spectrum is administered by 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 Robert L. Stephens, Co-Chair, Region 17 Kentucky, to Marlene H. Dortch, Secretary, Federal
Communications Commission, Office of the Secretary, WT Docket No. 02-378 (filed October 23, 2012).
4 See Letter from Robert L. Stephens, Co-Chair, Region 17 Kentucky, to Marlene H. Dortch, Secretary, Federal
Communications Commission, Office of the Secretary, WT Docket No. 02-378 (filed June 6, 2013).
5 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.
6 See 47 C.F.R. 90.527. A list of 700 MHz RPCs and region activities is available at
http://www.fcc.gov/pshs/public-safety-spectrum/700-MHz/.
7 First Report and Order, 14 FCC Rcd at 195 87.

On July 31, 2007, the Commission adopted a Second Report and Order revising the rules
governing wireless licenses in the 700 MHz band.8 The Commission adopted a plan for the 700 MHz
band to establish a nationwide, interoperable public safety broadband communications network for the
benefit of state and local public safety users. The Commission designated the lower half of the 700 MHz
public safety band for broadband communications (763-768/793-798 MHz) and consolidated existing
narrowband allocations in the upper half of the public safety 700 MHz band (769-775/799-805 MHz).
Plan Requirements. Each committee is required to submit its plan for the assignment of licenses
for General Use spectrum.9 Each regional plan must contain certain elements10 and must be coordinated
with adjacent regions.11 RPCs are expected to ensure that their committees are representative of all public
safety entities in their regions by providing adequate notice of all meetings, opportunity for comment, and
reasonable consideration of views expressed. Plans must include an explanation of how all eligible
entities within the region were given such notice.12 Plans should list the steps undertaken to encourage
and accommodate all eligible entities to participate in the planning process, such as holding meetings in
various parts of the region. In addition, a regional plan should describe outreach efforts made to tribal
governments.13
Regional plans may differ in their approaches to spectrum planning and management. In
particular, some plans may make specific assignments to eligible public safety entities, while others may
establish an allotment pool approach based on political boundaries such as counties.14 However, all 700
MHz plans submitted for review and approval must sufficiently address each of the common elements in
the Commission's regional plan requirements.15 RPCs also are encouraged to consider utilizing the
guidelines developed by the Public Safety National Coordination Committee (NCC).16


8 Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band; Development
of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety
Communications Requirements Through the Year 2010, PS Docket No. 06-229, WT Docket No. 96-86, Second
Report and Order
, 22 FCC Rcd 15289 (2007) (Second Report and Order).
9 See 47 C.F.R. 90.527, 90.531. The 700 MHz public safety band plan contains 24 MHz of spectrum for public
safety services at 763-775 MHz and 793-805 MHz, and the narrowband allocation is divided into several segments
by designated purpose: General Use, Interoperability, Secondary Trunking, State License, Low Power and Reserve
channels.
10 See 47 C.F.R. 90.527; see also First Report and Order, 14 FCC Rcd at 193-94 84.
11 See 47 C.F.R. 90.527; see also First Report and Order, 14 FCC Rcd at 190-96 77-89.
12 See First Report and Order, 14 FCC Rcd at 193-94 84. The Commission directed RPCs to promptly adopt
operating procedures that "ensure that all entities will be given reasonable notice of all committee meetings and
deliberations." Id. at 195 86.
13 Id. at 193-94 84.
14 See Plan, Appendix G 700 MHz 12.5 KHz Voice General Use Channels Sort By County at 57 (Region 17
defines a county-like area to include the geo-political boundaries of a given county plus 10 miles).
15 See 47 C.F.R. 90.527.
16 The NCC was a federal advisory committee established by the Commission in 1999 to address and advise the
Commission on operational and technical parameters for use of the 700 MHz public safety band. In addition, the
NCC was tasked with providing voluntary assistance in the development of coordinated regional plans, and
developed a Regional Planning Guidebook. Following the sunset of the NCC's charter on July 25, 2003, the
National Public Safety Telecommunications Council (NPSTC) agreed to continue to provide assistance to regional
planners. A copy of the 700 MHz Regional Planning Guidebook is available at the NPSTC website at
http://www.npstc.org/nccsubcom.jsp.
2

Review of the Region 17 700 MHz Plan. Region 17 convened its first meeting on February 15,
2002, wherein it elected its chairman, and established two subcommittees.17 Members of Region 17
adopted the Plan on September 28, 2012,18 which includes By-laws,19 a detailed membership list,20 and
meeting summaries.21 The Plan provides procedures for requesting spectrum allotments,22 details the
application requirements and review process, outlines system implementation criteria, spectrum
utilization and system implementation.23 The Plan confirms that the Commonwealth of Kentucky through
its Kentucky Wireless Interoperability Executive Committee (KWIEC) administers the state
interoperability channels.24 In addition, the Plan provides guidelines for use of the low power channels,25
and notes that the CAPRAD will be updated as frequencies are assigned and licensed.26 Finally, the


17 See Plan, Section 5.0 Notification Process and Original Meeting at 11-12 (forming Implementation/Operations
and, Technical/Interoperability subcommittees). The Region 17 Plan establishes three subcommittees: Technical,
Interoperability and Administrative. See Plan, Section 6.0 Regional Plan Administration at14-16.
18 See Letter from Robert L. Stephens, Co-Chair, Region 17 Kentucky to Marlene H. Dortch, Secretary, FCC (dated
Oct. 23, 2012 amended Jun. 6, 2013).
19 See Plan, Appendix A The By-Laws of Region 17 Kentucky at 35-39.
20 See Plan, Appendix B Membership List at 40.
21 See Plan, Appendix F Summary of Minutes/Copies of Notifications at 53-56.
22 See Plan, Section 6.5 Procedure for Requesting Spectrum Allotments at 17 (the RPC accept applications on a
first-come, first-served basis, following Bureau approval of the Plan). See also Plan, Section 6.5.1 Application
Requirements at 17-18 (a full application package, in physical written format for placement by Region 17 personnel
into the CAPRAD database at http://caprad.org; Plan, Section 10.0 - Application Requirements and Evaluation at
29- 33 (matrix point system and processing guidance). CAPRAD refers to the Computer Assisted Pre-Coordination
and Database System. CAPRAD is a pre-coordination database administered by the National Law Enforcement and
Corrections Technology Center-Rocky Mountain Region (NLECTC-RM). The NLECTCRM is a program of the
National Institute of Justice, a division of the U.S. Department of Justice, and is sponsored by the University of
Denver through the Denver Research Institute. The CAPRAD system is available at
http://caprad.nlectc.du.edu/cp/index.jsp.
23 See Plan, Section 7.0 System Design/Efficiency Requirements at 21-22 (includes interference protection criteria
and spectrum efficiency standards). See also Plan, Section 8.4 System Implementation at 25-26 (system
implementation will be monitored by the RPC Administrative Subcommittee), and Plan, Section 8.6 Channel
Loading at 27 (loading encourages efficient utilization of spectrum, and applicants should design their system(s) for
a minimum of 70 mobile and portable radios for each 12.5 kHz voice channel placed in service within five years of
the initial plan approval date).
24 See Plan, Section 9.0 Interoperability Channels at 28-29 (Kentucky will administer the 700 MHz interoperability
channels through its KWIEC). See also Plan, Appendix D Table of 700 MHz Interoperability Channels at 49-51
(includes Project 25 Common Air Interface and Interoperability Channel Technical Parameters).
25 See Plan, Section 6.5.4 Low Power "Campus Eligible" General Use Frequencies at 19 (opportunities may arise
for increased channel reuse when developing radio systems for campus-like operations, i.e., hospitals, stadiums,
malls or places of public gathering, public universities, transit systems and ports of entry). See also Plan Section 8.2
Low Power Secondary Operations, and Plan Section 8.3 Low Power Channels at 23-25 (channels 18 paired with
961-968, and 949-958, paired with 1909-1918 for low power, on-scene communications using mobiles and
portables, with a transmitter power not to exceed 2 watts (ERP).
26 See Plan, Section 11.1 Database Maintenance at 33 (Region 17 will continue to use the CAPRAD database as
700 MHz spectrum is assigned and licensed).
3

Region 17 Chair has certified that all planning meetings were open to the public, pursuant to 47 C.F.R.
90.531(a)(8).27
The Region 17 Plan pre-allocates the consolidated narrowband General Use spectrum by
county.28 Region 17 coordinated the Plan with seven regions adjacent to Region 17, and one non-adjacent
region reviewed the Plan and provided letters of concurrence: Region 4 (Arkansas non-border), Region
13 (Illinois), Region 14 (Indiana), Region 24 (Missouri), Region 33 (Ohio), Region 39 (Tennessee),
Region 42 (Virginia) and Region 44 (West Virginia).29
On July 12, 2013, the Bureau released a Public Notice seeking comment on the Region 17 Plan.30
We received no comments. Based on our review of the Plan, we conclude that it complies with FCC rules
and policies. Accordingly, pursuant to Section 4(i) of the Communications Act of 1934, as amended,
47 U.S.C. 154(i), and Section 1.102(b) of the Commission's rules, 47 C.F.R. 1.102(b), the Region 17
(Kentucky) 700 MHz Public Safety Plan is APPROVED.
This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission's rules, 47 C.F.R. 0.191, 0.392.
Action by the Chief, Policy and Licensing Division, Public Safety and Homeland Security
Bureau.
FCC


27 Plan, Section 12.0 Certification at 34 (dated May 25, 2012) (by the RPC Chair, that all planning committee
meetings, including subcommittee or executive meetings were open to the public).
28 See Plan, Appendix G Frequency Allotments at 57 (Region 17 defines a county-like area to include the geo-
political boundaries of a given county plus 10 miles).
29 See Plan, Appendix C Adjacent Regions Concurrence Letters.
30 See Public Safety and Homeland Security Bureau Seeks Comments on Region 17 (Kentucky) 700 MHz Regional
Planning Committee Proposed Public Safety Plan, WT Docket No. 02-378, Public Notice, (rel. July 12, 2013).
Comments were due August 1, 2013, and reply comments were due August 12, 2012.
4

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