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PSHSB Seeks Comment Region 17 (Kentucky) 700 MHz Plan

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Released: July 12, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1561

Released: July 12, 2013



WT Docket No. 02-378

Comments Due: August 1, 2013
Reply Comments Due: August 12, 2013

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 Use2
spectrum 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
Background. 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 The Commission's rules require each of the
fifty-five (55) RPCs to submit its plan for the General Use spectrum.6 The 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

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. Each RPC must incorporate certain common elements into its 700 MHz plan. A list of
700 MHz RPCs and region activities is available at

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 licensees 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).
The Region 17 700 MHz Plan. The Region 17 Plan pre-allocates the consolidated narrowband
General Use spectrum by County.13 The following 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).14 We have reviewed the Region 17
Plan and find that it sufficiently complies with the applicable Commission rules and policies, and
tentatively accept the Plan.

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
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 G 700 MHz 12.5 kHz Voice General Use Channels Sort By County.
14 See Plan, Appendix C Adjacent Regions Concurrence Letters.

Prior to taking further action on the Plan, by this Public Notice, we solicit comments on the
Region 17 Plan. Interested parties may file comments and reply comments on or before the dates listed
on the first page of this Public Notice. All comments and reply comments should reference the subject
Plan and

WT Docket No. 02-378

. Parties may file comments using: (1) the Commission's Electronic
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing
paper copies.15

Electronic Filers: File comments electronically using the Internet by accessing the ECFS: or the Federal eRulemaking Portal:
Filers should follow the instructions provided on the website for submitting comments.

If multiple docket or rulemaking numbers appear in the caption of this proceeding, ECFS filers
must transmit one electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers 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, filers
should send an e-mail to, and include the following words in the body of the
message, "get form." We will send a sample form and directions in response.

Paper Filers: Parties who choose to file by paper must file an original and four copies of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Send filings 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). Address filings to the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.

Deliver hand-delivered or messenger-delivered paper filings to FCC Headquarters at 445 12th St.,
SW, Room TW-A325, Washington, DC 20554 between 8:00 AM and 7:00 PM. Use rubber
bands or fasteners to hold deliveries together. Dispose of all envelopes before entering the

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

Send U.S. Postal Service first-class, Express, and Priority mail to 445 12th Street, SW,
Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).
Address all filings to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary,
Federal Communications Commission, 445 12th Street, SW, Room TW-A325, Washington, DC 20554.
Parties shall 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, DC 20554, (202) 488-5300, or via
e-mail to

15 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).

The Plan is available through ECFS at Region 17 Plan documents in

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
For further information regarding this matter, contact Jeannie Benfaida, Policy and Licensing
Division, Public Safety and Homeland Security Bureau at (202) 418-2313 or
or John A. Evanoff, Esq., Policy and Licensing Division, Public Safety and Homeland Security Bureau at
(202) 418-0848 or
- FCC -

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