UTC Washington Watch for Municipal UtilitiesUTC Legal/Regulatory DepartmentJill M. LyonBrett KilbournePrudence Parks A PRESENTATION TOTHE APPA LEGAL SEMINARNovember 8, 2004

Areas of ConcentrationSpectrum Issues

Infrastructure Issues

Homeland Security Issues

Spectrum Issues PPD Spectrum Issues SectionRusty Williams, Southern Co, Chair800 MHz Proceeding Nextel 900 MHz ApplicationsNarrowbanding 150-512 MHzITA request to coordinate CI frequenciesInterference TemperatureSecondary Markets Decision/4.9 GHz2.1 GHz Microwave relocation

800 MHz Proceeding StatusReport & Order adopted 7/8; text released 8/6Federal Register publication not expected until end October; eff. dates for new rules 1/05?Meanwhile, Comptroller General investigating challenge to FCC actionLitigation also possible

Major Points in DecisionNPSPAC 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 spectrumProcess to be overseen by independent Transition AdministratorPS, then PS/CI, get preference for remaining vacated spectrumNextel 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 periodRules to establish cause, responsibility for resolving, unacceptable interferenceCannot be moved into 861-862 MHz guard bandEntitled to notification by carriers of system changes affecting PLMR systemsFull 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 ApplicationsSince 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 eligibleUTC notice provides data, recommends checks against member systemsFCC imposes freezeUTC 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 equipment2008 -- no importation, manufacture of 25 kHz equipmentExisting non-PS licensees must migrate to 12.5 kHz channels by 1/1/2013Existing 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 2006Several petitioners request no interim deadlines, only final migration datePS requests acceleration of its deadline to 2013AMTA/ITA/PCIA request final date 2008FCC 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 PetitionITA informal request to coordinate 150-512 MHz former power, railroad, auto emergency channels w/o UTC, AAR or AAA concurrenceUTC, AAA, AAR, even API contesting; comments overwhelmingly oppose petitionFCC meetings some understanding of CI concerns, but no immediate actionDiscussions with new ITA leadership may lead to revised inter-service procedures, withdrawal of petition

Interference TemperatureNOI and NPR, comments and reply comments filed Spring 04UTC Task Force (Bill Anderson, chair) worked on answering technical issues, identifying CI presence in 6 GHz bandNOI Issues:Interference Metric/Management ImplementationNoise Floor MeasurementsHarmful interference

Interference TemperatureNPR Issues focus on testing concept in 6525-6700 MHz / 12.75-13.15 / 13.2125-13.25 GHz bandsComments overwhelmingly note impracticality of concept no technology, no means of implementationFCC under pressure to implement IT, but do not expect any action in the near term

Secondary Markets/4.9 GHzNew FCC decision broadens ability of licensees to lease spectrumOvernight approval with certificationsServices expanded, including Public Safety, when leasing to entity operating in support of PS (CI)

Secondary Markets/4.9 GHz4940-4990 MHz spectrum allocated in support of PSIdeal use for hot-spot file transfer, emergency scene useR&O encourages cooperation, sharing between PS and CI, but little inclusion of CI in planningNo 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 rulesFurther NPRM on 1910-1920 MHz band for 3G or Nextel RelocationFCC issues R&O on relocation of FS in 2180-2200 MHz

Microwave RelocationFCC Issues New Rules for MSS in 2180-2200 MHz band. One year mandatory negotiation period began 1/7/04.No reimbursement for self-relocationNo requirement to relocate both paths at the same time (2110-2150 MHz)UTC/API Petition for reconsideration/clarificationClarify that 2-year mandatory negotiation period applies in 2110-2150 MHz band, commencing upon PN after AWS auctionrestore 2-year negotiation period in 2180-2200 MHz, commencing upon FR publication of R&Orequire MSS (first likely licensees) to relocate both paths at once.

Infrastructure IssuesPPD Infrastructure Issues SectionJeremy Euto, Natl Grid, ChairIP Enabled Services NPRMCALEA NPRM

IP-Enabled Services NPRMExtends beyond computer to computer services to include all use of IP for voiceImplications for Bell usage of IP to avoid regulated chargesImplications for UTC members with private PBXs larger cos linkingUTC 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 callsDOJ asks FCC to expand CALEA to apply to packet-switched communicationsUPLC opposes petition and asks FCC to forbear from imposing CALEA requirements on BPLNew 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 SecurityMeetings, contacts have led to much higher degree of visibilityResource limitation requires slow progressFocus on Public Safety means CI must battle for attentionHowever, CI protection is vital issue

Homeland Security IssuesInclusion of CI in HS discussionsNTIA spectrum initiative report encourages non-federal sharingInclusion in SCADA security: Congressional hearings, DHS programCyber security legislation possible; participation by UTC members encouraged to influence policymakersFocus on link between CI protection and telecom systems

CI Spectrum AllocationStressed to meet needs for interoperability, reliability700 MHz possible home, adjacent to PSWith PS and HS usersHarder sell with budget deficit, pressure for allocation to wireless broadbandUTC seeks Cong. support through member lettersUTC emergency network proposal offers availability to PS, fed users as neededEmphasize need for HS/PS discussion to include municipal utilities!NTIA sharing is another optionUTC Tech Div. Next Generation Wireless RFP could serve as platform to propel discussions

Two Key IssuesReliability final blackout report urges more NERC authority, mandated stds will involve telecomEnergy Bill will have to be re-introduced next session, but action likelyPart of UTC role to explain to FCC that its regulation must reflect requirements for CI from other sourcesRe-opening of Telecom ActWill be multi-year effort; most of focus on commercial services, technologyCICC developing manifesto for CI, but will need Congressional champions

Questions? for more information, contact:

Jill M. Lyon, 202-833-6808 jill.lyon@utc.orgBrett Kilbourne, 202-833-6807 brett.kilbourne@utc.org

Thank You!