UTC Washington Watch for Municipal Utilities UTC Legal/Regulatory Department Jill M. Lyon Brett Kilbourne Prudence Parks A PRESENTATION TO THE APPA LEGAL.

UTC Washington Watch for Municipal Utilities

UTC Legal/Regulatory DepartmentJill M. LyonBrett KilbournePrudence Parks

A PRESENTATION TO

THE APPA LEGAL SEMINAR

November 8, 2004

Areas of Concentration

• Spectrum Issues

• Infrastructure Issues

• Homeland Security Issues

Spectrum Issues

• PPD Spectrum Issues Section– Rusty Williams, Southern Co, Chair

• 800 MHz Proceeding • Nextel 900 MHz Applications• Narrowbanding 150-512 MHz• ITA request to coordinate CI frequencies• Interference Temperature• Secondary Markets Decision/4.9 GHz• 2.1 GHz Microwave relocation

800 MHz Proceeding – Status

• Report & Order adopted 7/8; text released 8/6

• Federal Register publication not expected until end October; eff. dates for new rules 1/05?

• Meanwhile, Comptroller General investigating challenge to FCC action

• Litigation also possible

Major Points in Decision

• NPSPAC systems 866-869 MHz will move to General Category (851-854 MHz)

• Current Gen. Cat. Licensees will have to retune into 854-862 MHz vacated Nextel spectrum

• Process to be overseen by independent Transition Administrator

• PS, then PS/CI, get preference for remaining vacated spectrum

• Nextel to get 1.9 GHz spectrum, pay ALL costs of retuning plus difference up to $4.8 billion

800 MHz – CI Wins

• No nationwide freeze!• Included in preference for remaining

spectrum last two years of five-year period• Rules to establish cause, responsibility for

resolving, unacceptable interference• Cannot be moved into 861-862 MHz guard

band• Entitled to notification by carriers of system

changes affecting PLMR systems• Full funding of rebanding

“Cellular” definition

• Architecture not permitted below 861 MHz w/o waiver, but must have: – More than 5 overlapping, interactive sites

w/handoff capability; – Antenna heights of less than 100 ft. above

ground on HAATs of less than 500 ft; AND – More than 20 paired frequencies.

• Higher threshold than proposed, but still a problem?

• UTC likely to include issue in Petition for Reconsideration

Nextel 900 MHz Applications

• Since 8/1, >500 apps filed for all remaining 896-901 MHz Business pool freqs in country (approx. 30,000 pairs)

• Purpose stated as “private, internal” -- ? Commercial not eligible

• UTC notice provides data, recommends checks against member systems

• FCC imposes freeze• UTC and others seek to lift freeze

“Narrowbanding” Order (Balanced Budget Act proceeding)

• FCC Grants UTC/API Request for Stay of Rules prohibiting – new applications for 25 kHz – modifications extending the contour

• Other deadlines are still effective.– 2005 – no certification of 25 kHz equipment– 2008 -- no importation, manufacture of 25 kHz

equipment– Existing non-PS licensees must migrate to 12.5

kHz channels by 1/1/2013– Existing PS licensees must migrate to 12.5 kHz

channels by 1/1/2018

Narrowbanding – outlook

• API/UTC Petition for Recon. requests delay in modification deadline to 2006

• Several petitioners request no interim deadlines, only final migration date

• PS requests acceleration of its deadline to 2013• AMTA/ITA/PCIA request final date 2008• FCC may move up deadline (2010?), eliminate

interim dates – decision “in 2004”• FNPR asks about 6.25 kHz – UTC/LMCC

opposes as premature, contrary to developing technology

ITA Coordination Petition• ITA “informal request” to coordinate 150-

512 MHz former power, railroad, auto emergency channels w/o UTC, AAR or AAA concurrence

• UTC, AAA, AAR, even API contesting; comments overwhelmingly oppose petition

• FCC meetings – some understanding of CI concerns, but no immediate action

• Discussions with new ITA leadership may lead to revised inter-service procedures, withdrawal of petition

Interference Temperature• NOI and NPR, comments and reply

comments filed Spring ‘04• UTC Task Force (Bill Anderson, chair)

worked on answering technical issues, identifying CI presence in 6 GHz band

• NOI Issues:– Interference Metric/Management – Implementation– Noise Floor Measurements– “Harmful interference”

Interference Temperature

• NPR Issues focus on testing concept in 6525-6700 MHz / 12.75-13.15 / 13.2125-13.25 GHz bands

• Comments overwhelmingly note impracticality of concept – no technology, no means of implementation

• FCC under pressure to implement IT, but do not expect any action in the near term

Secondary Markets/4.9 GHz

• New FCC decision broadens ability of licensees to lease spectrum– Overnight approval with

certifications

• Services expanded, including Public Safety, when leasing to entity “operating in support of PS” (CI)

Secondary Markets/4.9 GHz

• 4940-4990 MHz spectrum allocated “in support of PS”

• Ideal use for hot-spot file transfer, emergency scene use

• R&O encourages cooperation, sharing between PS and CI, but little inclusion of CI in planning

• No direct licensing eligibility – use of secondary mkts authority?

Microwave Relocation -- Overview

• FCC Reallocates 1990-2000 MHz, 2020-2025 MHz, and 2165-2180 MHz bands for advanced wireless (3G)– Recent NPR seeks service rules

• Further NPRM on 1910-1920 MHz band for 3G or Nextel Relocation

• FCC issues R&O on relocation of FS in 2180-2200 MHz

Microwave Relocation• FCC Issues New Rules for MSS in 2180-2200 MHz band.

– One year mandatory negotiation period began 1/7/04.– No reimbursement for self-relocation– No requirement to relocate both paths at the same time

(2110-2150 MHz)• UTC/API Petition for reconsideration/clarification

– Clarify that 2-year mandatory negotiation period applies in 2110-2150 MHz band, commencing upon PN after AWS auction

– restore 2-year negotiation period in 2180-2200 MHz, commencing upon FR publication of R&O

– require MSS (first likely licensees) to relocate both paths at once.

Infrastructure Issues

• PPD Infrastructure Issues Section– Jeremy Euto, Nat’l Grid, Chair

• IP Enabled Services NPRM

• CALEA NPRM

IP-Enabled Services NPRM• Extends beyond “computer to computer”

services to include all use of IP for voice– Implications for Bell usage of IP to avoid regulated

charges– Implications for UTC members with private PBX’s

– larger co’s linking

• UTC files comments encouraging deregulation of competitive IP services, and opposes any regulation of private systems that use VoIP.

• Draft order circulating at FCC would look at specific services rather than VoIP in general.

Communications Assistance for Law Enforcement Act (CALEA)• CALEA requires carriers to facilitate taps

and traces of calls• DOJ asks FCC to expand CALEA to apply

to packet-switched communications• UPLC opposes petition and asks FCC to

forbear from imposing CALEA requirements on BPL

• New FCC NPRM proposes to require broadband (including BPL) & VoIP providers to comply and would deny reimbursement from DOJ for cost of network upgrades.

• Comments/replies due Nov. 8 and Dec. 7.

Homeland Security

• Meetings, contacts have led to much higher degree of visibility

• Resource limitation requires slow progress

• Focus on Public Safety means CI must battle for attention

• However, CI protection is vital issue

Homeland Security Issues

• Inclusion of CI in HS discussions– NTIA spectrum initiative report encourages

non-federal sharing– Inclusion in SCADA security: Congressional

hearings, DHS program

• Cyber security legislation possible; participation by UTC members encouraged to influence policymakers

• Focus on link between CI protection and telecom systems

CI Spectrum Allocation• Stressed to meet needs for interoperability,

reliability– 700 MHz possible home, adjacent to PS

• With PS and HS users• Harder sell with budget deficit, pressure for allocation to

wireless broadband• UTC seeks Cong. support through member letters

– UTC emergency network proposal offers availability to PS, fed users as needed

– Emphasize need for HS/PS discussion to include municipal utilities!

• NTIA sharing is another option• UTC Tech Div. Next Generation Wireless RFP

could serve as platform to propel discussions

Two Key Issues• Reliability – final blackout report urges more

NERC authority, mandated stds – will involve telecom– Energy Bill will have to be re-introduced next session,

but action likely– Part of UTC role to explain to FCC that its regulation

must reflect requirements for CI from other sources

• Re-opening of Telecom Act– Will be multi-year effort; most of focus on commercial

services, technology– CICC developing “manifesto” for CI, but will need

Congressional champions

Questions? – for more information, contact:

Jill M. Lyon, 202-833-6808 [email protected] Kilbourne, 202-833-6807 [email protected]

Thank You!