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Public Safety/Homeland Sec. Bur. seeks comment Region 44 700 MHz Plan

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Released: April 17, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-607

Released: April 17, 2012



WT Docket No. 02-378

Comments Due: May 7, 2012
Reply Comments Due: May 17, 2012

Introduction. On February 24, 2012, the Region 44 (West Virginia)1 700 MHz Regional
Planning Committee (RPC) (Region 44) 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 April 10, 2012,
Region 44 submitted the Region 20 Dispute Resolution Agreement, which was inadvertently omitted
from the original submission.
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.4 The Commission’s rules require each of the
fifty-five (55) RPCs to submit its plan for the General Use spectrum.5 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
all regional plans must include; and (4) reviewing and accepting proposed plans (or amendments to
approved plans) or rejecting them with an explanation.6

1 The Region 44 (West Virginia) 700 MHz regional planning area includes all (55) counties in the State of West
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 Region 44 (West Virginia) 700 MHz Regional Planning Committee Plan to Federal Communications
Commission, Office of the Secretary, WT Docket No. 02-378 (filed February 24, 2012) (submitting regional plan);
Letter from David W. Saffel, Chair, Region 44 (West Virginia) 700 MHz Regional Planning Committee to Federal
Communications Commission, Office of the Secretary, WT Docket No. 02-378 (filed Apr. 10, 2012) (submitting
Region 20 Dispute Resolution Agreement.
4 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.
5 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
6 First Report and Order, 14 FCC Rcd at 195 ¶ 87.

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.7 For the initial meeting, called by the convenor to form the RPC and hold elections, the
Commission requires at least sixty days notice.8 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.9 We also encourage the RPCs to consider utilizing the guidelines developed
by the Public Safety National Coordination Committee (NCC).10 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.11 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 44 700 MHz Plan. The Region 44 Plan pre-allocates the consolidated narrowband
General Use spectrum by county.12 Region 44 coordinated the Plan with all five adjacent regions to
including: Region 17 (Kentucky), Region 20 (District of Columbia, Maryland, and Northern Virginia),
Region 33 (Ohio), Region 36 (Western Pennsylvania), and Region 42 (Virginia).13 We have reviewed the
Region 44 Plan and find that it sufficiently complies 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 Region 44
Plan. Interested parties may file comments and reply comments on or before the dates listed on the first

7 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.
8 Id. at 195 ¶ 86 & n.220.
9 47 C.F.R. § 90.527; see also First Report and Order, 14 FCC Rcd at 190-96 ¶¶ 77-89.
10 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
11 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).
12 See Plan, Appendix G – Frequency Allotments at 52-60 (Region 44 defines a county-like area to include the geo-
political boundaries of a given county plus 10 miles).
13 See Plan, Appendix C – Adjacent Region Concurrence Letters; see also Plan, Appendix I - Inter-regional Dispute
Resolution Agreements at 81-93.

page of this Public Notice. All comments and reply comments should reference the subject Plan and

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.14
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 building.
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
The Plan is available through ECFS at Region 44 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

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

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 Division, Public
Safety and Homeland Security Bureau at (202) 418-2313 or
- FCC -

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