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PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON REGION 9 (FLORIDA) REVISED 700 MHZ REGIONAL PLAN

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Released: December 31, 1969

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 09-60

Released: January 16, 2009

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON

REGION 9 (FLORIDA) REVISED 700 MHZ REGIONAL PLAN

PS Docket No. 06-229 and WT Docket No. 02-378

Comments Due: February 5, 2009
Reply Comments Due: February 17, 2009

Introduction. On January 31, 2008, the Region 9 (Florida)1 700 MHz Regional Planning
Committee (RPC) (Region 9) submitted a proposed revised 700 MHz Public Safety Plan (Revised Plan)
for General Use2 spectrum in the 769-775/799-805 MHz band. 3 On March 31, 2008, to cure certain
deficiencies identified upon initial review, Region 9 resubmitted Revised Plan Section 4.5 and provided
missing letters of concurrence (LOC) from adjacent regions, Region 1 (Alabama) and Region 10
(Georgia).4 On October 24, 2008, Region 9 also submitted updated LOCs from Region 1 and Region 10.5
Background. In 1998, the Federal Communications Commission (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.6
Each committee of the fifty-five RPCs is required to submit a plan for the General Use spectrum.7 The


1 The Region 9 (Florida) 700 MHz regional planning area includes the entire state of Florida.
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 Ray Carlson, Chairman, Region 9 700 MHz Regional Planning Committee, to Federal
Communications Commission, WT Docket No. 02-378 (filed Jan. 31, 2008). Region 9 submitted its original plan to
the Commission on April 24, 2007.
4 See Letter from Ray Carlson, Chairman, Region 9 700 MHz Regional Planning Committee, to Federal
Communications Commission, WT Docket No. 02-378 (filed Mar. 31, 2008) (submitting revised Section 4.5 and
providing letters of concurrence from Region 1 (Alabama) and Region 10 (Georgia)).
5 See Letter from Ray Carlson, Chairman, Region 9 700 MHz Regional Planning Committee, to Federal
Communications Commission, WT Docket No. 02-378 (filed Oct. 24, 2008) (submitting updated letters of
concurrence from Region 1 (Alabama) and Region 10 (Georgia)).
6 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.
7 See 47 C.F.R. 90.527, 90.531. Each RPC must incorporate certain common elements into its 700 MHz plan.
The 700 MHz public safety band contains 24 MHz of spectrum for public safety services at 763-775 and 793-805

Commission's role in relation to the RPCs is limited to (1) defining the regional boundaries; (2) requiring
fair and open 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.8
The Commission expects RPCs to ensure that they represent all public safety entities in their
regions by providing reasonable notice of all meetings and deliberations. Further, regional plans must
include an explanation of how all eligible entities within the region were given such notice.9 For the
initial meeting, called by the convenor to form the RPC and hold elections, the Commission requires at
least sixty days notice.10 In developing their regional plans, RPCs must ensure that their proposed plans
comply with the rules and policies governing the 700 MHz public safety regional planning process.11 We
also encourage the RPCs to consider utilizing the guidelines developed by the Public Safety National
Coordination Committee (NCC).12 RPCs may approach the assignment of the spectrum differently, e.g.,
by making specific assignments to eligible public safety entities, or by establishing an allotment pool
approach based on political boundaries such as counties.
On July 31, 2007, the Commission adopted a Second Report and Order revising the rules
governing wireless licenses in the 700 MHz band.13 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).
In revising the band plan for the public safety 700 MHz band, the Commission noted that
consolidating the narrowband channels in the upper part of the band will impact approved and pending
700 MHz RPC plans (i.e. require that the plans be amended).14 The Commission required RPCs with





MHz, and the narrowband allocation is divided into segments by designated purpose: General Use, Interoperability,
Secondary Trunking, State License, Low Power and Reserve channels. A list of 700 MHz RPCs and region
activities is available at http://www.fcc.gov/pshs/public-safety-spectrum/700-MHz.
8 First Report and Order, 14 FCC Rcd at 195 87.
9 Id. at 193-94 84. RPCs must promptly adopt operating procedures that "ensure that all entities will be given
reasonable notice of all committee meetings and deliberations." Id. at 195 86.
10 Id. at 195 86 & n.220.
11 47 C.F.R. 90.527; see also First Report and Order, 14 FCC Rcd at 190-96 77-89.
12 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
http://www.npstc.org/nccsubcom.jsp.
13 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).
14 Id. at 15414 346.
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approved plans or plans on file to submit amended plans consistent with the decisions adopted in the
Second Report and Order by November 23, 2007.15 On November 9, 2007, the Public Safety and
Homeland Security Bureau (the Bureau) extended the deadline for RPCs to submit amended plans,
consistent with the decisions adopted in the Second Report and Order, to January 31, 2008, and provided
additional guidance for the development of plan amendments.16 In a Public Notice released December 27,
2007, the Bureau subsequently provided further guidance with respect to the submission of amended RPC
plans.17
Region 9 Revised 700 MHz Plan. The Region 9 Revised Plan pre-allocates the consolidated
narrowband General Use spectrum by county.18 The Revised Plan was coordinated with the two adjacent
regions to Region 9: Region 1 (Alabama), Region 10 (Georgia).19 We have reviewed the Region 9
Revised Plan and find it to be compliant with the applicable Commission rules and policies, and
tentatively accept the Plan.
Prior to taking further action on the Revised Plan, by this Public Notice, we solicit comments on
the Plan. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R. 1.415, 1.419,
interested parties may file comments on the Region 9 Revised 700 MHz Plan on or before

February 5,
2009

and reply comments on or before

February 17, 2009.

All comments and reply comments should
reference the subject Revised Plan and

PS Docket No. 06-229

and

WT Docket No. 02-378.

Comments
and reply comments may be filed by using (1) the Commission's Electronic Comment Filing System
(ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

Electronic Filers: Comments and reply comments may be filed 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.

For ECFS Filers: In completing the transmittal screen, filers should include their full name,
U.S. Postal Service mailing address, and the rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions, filers should send an


15 As of the adoption date of the Second Report and Order, the following regional plans had been approved:
Region 5 (Southern California), Region 19 (New England), Region 24 (Missouri), Region 22 (Minnesota), Region
12 (Idaho), Region 39 (Tennessee), Region 43 (Washington), Region 41 (Utah), Region 3 (Arizona), and Region 40
(Northern Texas). The following regional plans were pending as of the adoption date of the Second Report and
Order
: Region 1 (Alabama), Region 27 (Nevada), Region 45 (Wisconsin), Region 7 (Colorado), Region 9 (Florida),
Region 16 (Kansas), and Region 20 (Northern Virginia, Maryland and the District of Columbia).
16 See Public Safety and Homeland Security Bureau Announces an Extension of the Deadline for 700 MHz Regional
Planning Committees to Amend 700 MHz Narrowband Plans from November 23, 2007 to January 31, 2008, PS
Docket No. 06-229, WT Docket No. 96-86, Public Notice, 22 FCC Rcd 19461 (PSHSB 2007).
17 See Public Safety and Homeland Security Bureau Reminds 700 MHz Regional Planning Committees of the
January 31, 2008 Deadline to Amend 700 MHz Narrowband Plans and Provides Further Guidance, PS Docket No.
06-229, WT Docket No. 96-86, Public Notice, 22 FCC Rcd 21889 (PSHSB 2007).
18 See Revised Plan, Appendix G Region 9 Florida Channel Allotments at 54-80.
19 See Revised Plan, Appendix H Adjacent Regions Concurrences and Inter-Regional Dispute Resolution
Agreements (submitted Jan. 30, 2008; revised Oct. 24, 2008).
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email 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 four copies of
each filing.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail (although the Commission continues to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to: Secretary, Office of the Secretary,
Federal Communications Commission.

The Commission's contractor will receive hand-delivered or messenger-delivered paper
filings for the Commission's Secretary at 236 Massachusetts Avenue, NE, Suite 110,
Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All
hand deliveries must be held together with rubber bands or fasteners. Any envelopes must
be disposed of before entering the building.

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th
Street, SW, Washington, D.C. 20554.

People with Disabilities: To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format), send an email to
fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (tty).
All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the
Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, D.C. 20554. Parties
must also serve one copy with the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI),
Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, (202) 488-5300, or via email
to fcc@bcpiweb.com.
The Plan is available through ECFS at ecfs@fcc.gov. Region 9 Revised Plan documents in

PS

Docket No. 06-229

and

WT Docket No. 02-378

are available for public inspection and copying during
business hours at the FCC Reference Information Center, Portals II, 445 12th St. SW, Room CY-A257,
Washington, D.C. 20554. The documents may also be purchased from BCPI, telephone (202) 488-5300,
facsimile (202) 488-5563, TTY (202) 488-5562, email fcc@bcpiweb.com.
For further information regarding this matter, contact Jeannie Benfaida, Policy Division, Public
Safety and Homeland Security Bureau at (202) 418-2313 or Jeannie.Benfaida@fcc.gov.
- FCC -
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