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FCC Provides Opportunity for Comment on FirstNet Filing

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Released: August 19, 2013



Federal Communications Commission

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445 12th St., S.W.


Washington, D.C. 20554

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DA 13-1775

Released: August 19, 2013



PS Docket 12-94

Comment Date: [7 Days from Date of Publication in the Federal Register]

By this public notice, the Public Safety and Homeland Security Bureau (Bureau) of the Federal
Communications Commission provides seven days for public comment on matters raised by the First
Responder Network Authority (FirstNet) in its August 2, 2013, filing in PS Docket 12-94.1 FirstNet's
filing responds to a Notice of Proposed Rulemaking (NPRM) that seeks comment on, among other
matters, the consolidation into Part 90 of technical service rules for the 758-769 and 788-799 MHz bands,
which, heretofore, have been subject to regulation under both Parts 27 and 90.2 The rules at issue include
power, emission, and field strength limits and interference coordination procedures designed to prevent
interference to operations of other Commission licensees. This proposed rule consolidation is intended to
"facilitate the transition" of spectrum to the First Responder Network Authority (FirstNet), the entity
licensed to establish a nationwide public safety broadband network using both the public safety
broadband spectrum (763-768/793-798 MHz) and the adjacent "D Block" (758-763/788-793 MHz)
previously slated for commercial auction.3 In proposing this rule consolidation, the Commission further
directed its Office of Engineering and Technology (OET) to suspend its acceptance and processing of
applications for equipment authorization in these bands pending the adoption of technical service rules
applicable to the combined band.4

1 The Bureau takes this action pursuant to its delegated authority. See 47 C.F.R. 0.392. As noted elsewhere herein, the short
time frame provided by this notice is warranted in light of the pressing need recognized by FirstNet and other commenters for
expedition on reinitiating the currently suspended equipment authorization process. Moreover, this notice follows a full NPRM
comment period. Accordingly, parties should submit any new arguments now in order to facilitate prompt action by the
2 See Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012, PS Docket
No. 12-94, Notice of Proposed Rulemaking, 28 FCC Rcd 2715 (2013) (Technical Service Rules NPRM). The comment cycle
closed on June 10, 2013.
3 See id. at 2716, 2721 2, 17; see also 47 U.S.C. 1424 (2012) (establishing FirstNet). FirstNet's license also includes the
768-769/798-799 MHz band, id. 1401(14), 1421(a), which is currently designated under Commission rules as a guard band
separating the broadband and narrowband segments of the 700 MHz public safety spectrum. See 47 C.F.R. 90.531(f).
4 See id. at 2725-26 33.

In its filing, FirstNet supports "consolidating the technical requirements for the former D Block
into Part 90 of the Commission's Rules" and recommends that the Commission "act quickly to amend its
technical service rules to enable FirstNet to expedite the deployment of" its network."5 Additionally,
FirstNet urges "swift Commission action to begin accepting and processing equipment authorizations in
the newly combined spectrum," citing "an imminent need for authorized equipment to meet the needs of
jurisdictions that may deploy early" in FirstNet's licensed spectrum under spectrum leases.6 FirstNet has
already entered lease agreements with the Los Angeles Regional Interoperable Communications System
(LA-RICS) and the State of New Mexico, and it has stated its intention to execute similar agreements
with other public safety jurisdictions in the near future.7 While FirstNet supports Commission action to
"expedite a process" for equipment authorization to support these early deployments, it cautions that "the
equipment market will need to evolve once the architecture for the nationwide public safety broadband
network has been set."8
The full text of FirstNet's filing is available in PS Docket 12-94 in the Commission's Electronic
Comment Filing System (ECFS),

Procedural Matters

The proceeding has been designated a "permit-but-disclose" proceeding in accordance with the
Commission's rules.9 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

5 See Comments of the First Responder Network Authority (FirstNet), PS Docket 12-94 at 4 (Aug. 2, 2013).
6 See id. at 3.
7 See National Telecommunications and Information Administration, FirstNet Approves Resolutions on Spectrum Lease
Agreement with LA-RICS and Personnel Acquisition Strategy,
resolutions-spectrum-lease-agreement-la-rics-and-personnel-acqu (last visited Aug. 15, 2013); National Telecommunications and
Information Administration, FirstNet Approves Spectrum Lease Agreement with New Mexico; Provides Status Update on
Remaining Projects,
provides-status-update-rema (last visited Aug. 15, 2013). According to FirstNet these lease with LA-RICSand New Mexico are
the first such agreements between FirstNet and one of the seven public safety Broadband Technology Opportunities Program
grantees. These include: the Adams County (Colorado) Communications Center, the City of Charlotte (North Carolina), the
Executive Office of the State of Mississippi, the Los Angeles Regional Interoperable Communications System Authority,
Motorola Solutions, Inc. (the Bay Area Regional Interoperable Communications Systems Authority (BayRICS), San Francisco
Bay area), the New Jersey Department of the Treasury, and the New Mexico Department of Information Technology. See id.
FirstNet is also engaged in lease negotiations with the State of Texas, which holds a Special Temporary Authorization (STA)
from the Commission to pursue early deployment in the band of a public safety network that "support[s] specific public safety
needs." See Implementing Provisions of the Middle Class Tax Relief and Job Creation Act of 2012, PS Docket 12-94, Order,
DA 13-319 at 2 5(PSHSB 2013). The Commission granted this STA for "limited deployment" of a public safety broadband
network within Harris County, Texas, "as FirstNet prepares to commence its nationwide deployment." Id. at 1 2
8 Comments of FirstNet at 3.
9 See Technical Service Rules NPRM, 28 FCC Rcd at 2733-34 62.

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, 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.

Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419,
interested parties may file comments by the date referenced above. All filings should refer to PS Docket
No. 12-94. Comments may be filed: (1) using the Commission's Electronic Comment Filing System
(ECFS), or (2) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
Comments filed in response to this Public Notice will be available for public inspection and
copying in the Commission's Reference Center, Room CY-A257, 445 12th Street, S.W., Washington,
D.C. 20554, and via the Commission's Electronic Comment Filing System (ECFS) by entering the docket
number, PS Docket No. 12-94. Copies of the request are also available from Best Copy and Printing, Inc.,
telephone (800) 378-3160, facsimile (301) 816-0169, e-mail
Comments may be filed using the ECFS or by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as
an electronic file via the Internet to Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of
this proceeding, however, commenters must transmit one electronic copy of the comments to each docket
or rulemaking number referenced in the caption. In completing the transmittal screen, commenters 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 for
e-mail comments, commenters should send an e-mail to , and should include the following
words in the body of the message, "get form." A sample form and directions will be sent in reply.
Parties who choose to file by paper must file an original and one copy of each filing. If more than
one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.
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 we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission, as follows:
-All hand-delivered paper filings for the Commission's Secretary must be delivered to FCC
Headquarters at 445 12th St., S.W., Room TW-A325, Washington, DC 20554. All hand deliveries
must be held together with rubber bands or fasteners. Envelopes must be disposed of before
entering the building. The filing hours at this location are 8:00 a.m. to 7:00 p.m.



This is the


location where hand-delivered or messenger-delivered paper filings
for the Commission's Secretary will be accepted. The Commission's former filing location at
236 Massachusetts Ave., N.E., is permanently closed.

-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 mail, Express Mail, and Priority Mail should be addressed to 445
12th Street, S.W., Washington, DC 20554.
-All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
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
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
For further information, contact Gene Fullano, Public Safety and Homeland Security Bureau,
(202) 418-0492,, or Brian Hurley, Public Safety and Homeland Security Bureau,
(202) 418-2220,

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.


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