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PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENTS ON REGION 8 (NEW YORK METROPOLITAN AREA) 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 09-61

Released: January 16, 2009

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENTS ON

REGION 8 (NEW YORK METROPOLITAN AREA) 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 April 24, 2008, the Region 8 (New York Metropolitan Area)1 700 MHz
Regional Planning Committee (RPC) (Region 8) submitted a proposed 700 MHz Public Safety Plan
(Plan) for General Use2 spectrum in the 769-775/799-805 MHz band. 3 On November 5, 2008, Region 8
submitted a Plan Addendum to provide updated evidence of coordination with its adjacent regions,
Region 19 (New England), Region 28 (Eastern Pennsylvania and Delaware) and Region 30 (New York-
Albany).4
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.5
Each of the fifty-five RPCs is required to submit its plan for the General Use spectrum.6 The


1 The Region 8 (New York Metropolitan Area) 700 MHz regional planning area includes the New York counties of
Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan,
Ulster, and Westchester Counties; and the New Jersey counties of Bergen, Essex, Hudson, Hunterdon, Mercer,
Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warrenton.
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 William Gardner, Chairman, Region 8 700 MHz Regional Planning Committee to Office of the
Secretary, Federal Communications Commission, WT Docket No. 02-378, PS Docket 06-226 (filed Apr. 24, 2008)
(submitting 700 MHz regional plan).
4 See Letter from William Gardner, Chairman, Region 8 700 MHz Regional Planning Committee to Office of the
Secretary, Federal Communications Commission, WT Docket No. 02-378, PS Docket No. 06-229 (filed Nov. 5,
2008) (submitting Plan Addendum to provide evidence of adjacent region coordination).
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).
6 See 47 C.F.R. 90.527. Each RPC must incorporate certain common elements into its 700 MHz plan. A list of
700 MHz RPCs and region activities is available at http://www.fcc.gov/pshs/public-safety-spectrum/700-MHz.

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.7
The Commission expects RPCs to ensure that their committees are representative of 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.8 For the initial meeting, called by the convenor to form the RPC and hold elections, the
Commission requires at least sixty days notice.9 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.10 We also encourage the RPCs to consider utilizing the guidelines developed
by the Public Safety National Coordination Committee (NCC).11 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.12 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).
Region 8 700 MHz Plan. The Region 8 Plan pre-allocates the consolidated narrowband General
Use spectrum by county.13 The Plan was coordinated with all three adjacent regions to Region 8: Region
19 (New England), Region 28 (Eastern Pennsylvania and Delaware), and Region 30 (New York-


7 First Report and Order, 14 FCC Rcd at 195 87.
8 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.
9 Id. at 195 86 & n.220.
10 47 C.F.R. 90.527; see also First Report and Order, 14 FCC Rcd at 190-96 77-89.
11 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://npstc.org/nccsubcom.jsp.
12 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).
13 See Plan, Appendix I 700 MHz Channel Pool as Defined in CAPRAD at 117-123. The Computer Aided Pre-
Allocation Resource and Database (CAPRAD) system is a spectrum management tool provided by the National
Institute of Justice, National Law Enforcement and Corrections Technology Center. The CAPRAD system is
available at http://caprad.nlectc.du.edu.
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Albany).14 We have reviewed the Region 8 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 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 8 700 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 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
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


14 See Letter from William Gardner, Chairman, Region 8 700 MHz Regional Planning Committee to Office of the
Secretary, Federal Communications Commission, WT Docket No. 02-378 and PS Docket No. 06-229 (filed Nov. 5,
2008) (submitting Plan Addendum to provide updated evidence of adjacent region coordination).
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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 8 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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