PUBLIC SAFETY AND HOMELAND SECURITY BUREAU APPROVES REGION 4 (ARKANSAS) NPSPAC REGIONAL PLANNING COMMITTEE STREAMLINED AMENDMENT TO REFLECT BAND RECONFIGURATION IN THE 806-809/851-854 MHZ BAND
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February 19, 2010
PUBLIC SAFETY AND HOMELAND SECURITY BUREAU APPROVES
REGION 4 (ARKANSAS) NPSPAC REGIONAL PLANNING COMMITTEE
STREAMLINED AMENDMENT TO REFLECT BAND RECONFIGURATION
IN THE 806-809/851-854 MHZ BAND
PR Docket No. 93-3Introduction. By this Public Notice, the Public Safety and Homeland Security Bureau (Bureau)
approves the National Public Safety Planning Advisory Committee (NPSPAC) streamlined regional plan
amendment (Streamlined Amendment) reflecting the new 806-809/851-854 MHz band allotments
submitted by the Region 4 (Arkansas)1 regional planning committee (RPC).
Background. The 800 MHz Report and Order and subsequent orders in WT Docket No. 02-55
provide for reconfiguration of the 800 MHz band in order to eliminate harmful interference to public
safety operations within the band.2 As part of band reconfiguration, in all non-border areas, the former
NPSPAC band at 821-824/866-869 MHz has shifted fifteen megahertz lower in the band to 806-809/851-
854 MHz, and NPSPAC incumbents are in the process of relocating from the old to the new band. As a
consequence of 800 MHz band reconfiguration, all non-border 800 MHz RPCs3 are required to amend
their regional plans currently on file with the Commission to reflect the fifteen-megahertz shift in the
NPSPAC band from 821-824/866-869 MHz to 806-809/851-854 MHz.
The Commission’s policies require the RPCs to prepare and submit regional plans for use of the
NPSPAC band in their respective Public Safety Regions.4 The RPCs must also update their regional
plans as needed to conform to changes in the nationwide NPSPAC band plan, and to reflect other changes
1 See Letter from J.M. Rowe, Vice-Chair, Region 4 (Arkansas) 800 MHz Regional Planning Committee to Jamie A.
Barnett (Rear Admiral, Ret.) Chief, Public Safety and Homeland Security Bureau, Federal Communications
Commission, PR Docket No. 93-3 (filed Feb 1, 2010) (submitting Streamlined Plan Amendment, and requesting
acceptance of late-filed document).
2 See Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order,
Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004) (800 MHz Report and Order).
3 RPCs for all NPSPAC regions in Waves 1, 2, and 3, other than Region 19 (New England), must file amendments.
NPSPAC Region 19 and all NPSPAC regions in Wave 4 are excluded from this requirement, and RPCs for these
regions are not required to submit amended plans at this time. We will provide information on the plan amendment
process for these regions at a later date, after the 800 MHz Transition Administrator determines replacement channel
assignments for NPSPAC licensees in the U.S. – Canada and U.S. – Mexico border areas.
4 See 47 C.F.R. § 90.16 (no assignments will be made in spectrum designated for the Public Safety National Plan
until a regional plan for the area has been accepted by the Commission); see also Development and Implementation
of a Public Safety National Plan and Amendment of Part 90 to Establish Service Rules and Technical Standards for
Use of the 821-824/866-869 MHz Bands by the Public Safety Services, Gen. Docket No. 87-112, Report and Order,
3 FCC Rcd 905 (1987) (National Plan Report and Order).
in the disposition of NPSPAC channels within the region, technical requirements, or procedures for
On February 10, 2009, the Bureau directed RPCs for non-border NPSPAC regions to file
amendments to their 800 MHz regional plans by April 13, 2009, to bring them into conformity with the
new 800 MHz band plan.6 Plan amendments were subject to a streamlined filing and approval procedure
provided that they were limited to changes in frequency listings based on the new band plan.
Alternatively, RPCs could elect to file amended regional plans by June 10, 2009, that combined
rebanding-related changes with other modifications that were not rebanding-related, provided that they
notified the Bureau by April 13, 2009 of their intent to do so. The instant Region 4 amendment is
untimely filed. We are advised, however, that the late filing was affected by the long-term illness of the
Region 4 chair and the Vice-Chair’s being unaware of the need to file the amendment. We therefore find
good cause for the amendment’s acceptance.
Review of the Streamlined and Non-Streamlined Plan Amendments. Streamlined Regional Plan
Amendments are limited to shifting channel assignments in the existing plan downward by fifteen
megahertz. RPCs were allowed to submit such amendments without obtaining adjacent region
concurrence, and were permitted to include administrative updates (e.g., changes to RPC by-laws or
membership) in their amendments under this process. The Bureau waived normal public notice and
comment procedures for processing the streamlined amendments.
Non-Streamlined Regional Plan Amendments include other substantive modifications to
regional plans, e.g., changes to channel allocations within the region, technical parameters, or
procedures for assigning channels. RPCs are required to obtain adjacent region concurrence to
support such plan amendments prior to filing. After initial review, the Bureau will place non-
streamlined amendments on public notice for comment prior to approval.
We have reviewed the Region 4 Streamlined Plan Amendment and conclude, based on
the information before us, that it complies with FCC rules and policies. In addition, both verbal
and written requests for extensions of time to file plan the Streamlined Amendment after the
April 13, 2009 due date, is hereby granted nunc pro tunc.
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 4 800 MHz
NPSPAC Streamlined Plan Amendments is APPROVED.
IT IS FURTHER ORDERED that the Region 4 request for acceptance of late-filed amendment IS
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 Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau.
– FCC –
5 See National Plan Report and Order, 3 FCC Rcd at 911 ¶57.
6 See Public Safety and Homeland Security Bureau Provides Guidance on Amendment of 800 MHz Plans to Reflect
800 MHz reconfiguration and on Licensing of New NPSPAC Facilities in the 806-809/851-854 MHz Band, WT
Docket No. 02-55, Public Notice, 24 FCC Rcd 1364 (PSHSB 2009).
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