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Prepared Witness Testimony The House Committee on Energy and Commerce
The Spectrum Needs of Our Nation's First Responders.
Subcommittee on Telecommunications and the Internet
Mr. Edmond J. Thomas
Good morning, Chairman Upton, Ranking Member Markey and Members of the Subcommittee. Thank you for this opportunity to appear before you on behalf of the Federal Communications Commission (FCC) to discuss the critical issues related to access to spectrum for public safety, particularly first responders. Public safety has been one of the Commission's highest priorities for many years and it has taken on even greater importance with recent events. The FCC appreciates and shares this Subcommittee's longstanding commitment to assisting our public safety community. Today, what I would like to do is to review for the Subcommittee the recent activities of the Commission in the area of public safety. My remarks will first address Commission actions to ensure that first responders and other public safety users have access to the spectrum necessary for completion of their missions. I will then discuss recent Commission activities directed at protecting public safety communications from harmful interference. After that, I will describe Commission activities designed to enable new technologies that should provide important new capabilities to first responders. Finally, I will briefly discuss additional Commission actions that illustrate our continuing recognition of the critical importance of ensuring adequate access for public safety purposes. Spectrum for First Responders In the last few years, the Commission has taken significant steps to provide access to additional spectrum for public safety use. The Commission recently has made available for public safety use 50 MHz of spectrum at 4.9 GHz, which promises to permit the use of new advanced wireless technologies by public safety users. Part of a transfer of Federal Government spectrum to private sector use, the 4940-4990 MHz band (4.9 GHz band) was originally proposed to be allocated to fixed and non-aeronautical mobile services and to be auctioned to commercial users, with no designation of the spectrum for public safety use. In response to requests from the public safety community for additional spectrum for broadband data communication, the Commission designated the 4.9 GHz band for public safety use in February 2002 and adopted service rules in April 2003. The rules adopted for the 4.9 GHz band are intended to accommodate a variety of new broadband applications such as high-speed digital technologies and wireless local area networks, particularly for incident scene management. For example, before leaving the fire house, building plans and schematics could be almost instantly downloaded to a fire vehicle. A local area network could be set up at the scene so that this information could then be relayed to all public safety personnel on site. These rules also foster interoperability, by providing a regulatory framework in which traditional public safety entities can pursue strategic partnerships with others necessary for the completion of their mission. Another important allocation made by the Commission of spectrum for public safety use is the portion of the 700 MHz band that is being transitioned from broadcast as part of the digital television (DTV) transition. In 1997, the Commission proposed, consistent with a recommendation in a Final Report by its Public Safety Wireless Advisory Committee, to allocate 24 MHz of this reclaimed broadcast spectrum for public safety uses. Later in 1997, Congress enacted the Balanced Budget Act of 1997, which specifically directed that 24 MHz of the 60 MHz of spectrum being reclaimed from Channels 60-69 be allocated for public safety purposes, with the other 36 MHz to be auctioned for commercial uses. At the end of that year, the Commission specifically identified and allocated the new 24 MHz of public safety spectrum. The Commission then moved quickly to take various additional steps needed to enable the new public safety spectrum to be effectively utilized. In doing so, it crafted special provisions both to address the continuing interoperability issues among various public safety systems and to provide flexibility to accommodate a wide variety of innovative uses. For instance, the Commission dedicated 2.6 MHz for interoperability. The Commission also chartered a federal advisory committee, the Public Safety National Coordination Committee (NCC), to develop operational and technical recommendations for use of this spectrum. In February 2000, the NCC issued its initial report to the Commission recommending how best, technically and operationally, to use these dedicated frequencies. Many of these recommendations have served as the basis for Commission rules on those issues. Since then, the Commission has continued to work with the NCC, which has provided additional technical and operational recommendations regarding use of these frequencies. The NCC expects to present to the Commission its final recommendations in July, 2003, including a recommended standard for wideband interoperability. In this space, the Commission also adopted a band plan targeted to accommodate all existing operational modes, including data, image, and video, and to accommodate future technologies. The band plan designated half of the spectrum for narrowband voice channels, and half of the spectrum for wideband channel uses. Finally, the Commission also designated a significant portion of this spectrum as a reserve - setting aside 22.5% of this spectrum (5.4 MHz) for future developments in broadband technologies. From the beginning the Commission has recognized that the utility of this spectrum for public safety depended on taking actions, consistent with the current statutory scheme, to minimize, and ultimately clear, the broadcast use of this spectrum. For instance, during the digital television ("DTV") planning, the Commission minimized the use of channels 60-69. As a result, the new public safety spectrum on TV channels 63-64 and 68-69 is available now in many areas of the country. The completion of the DTV transition, which will result in the nationwide clearing of the band of broadcast stations, is a key element in freeing this 24 MHz for public safety use. Within the current statutory scheme, the Commission, under FCC Chairman Michael Powell, has taken steps to help speed up the transition. For instance, last summer the Commission adopted requirements for new television receivers to include DTV reception capability. Almost 1,100 of our television stations are on the air with DTV service. The Commission's actions should have the effect of accelerating the availability of this important public safety spectrum. Finally, the Commission has worked with Canadian authorities to clear public safety channels 63 and 68. We first addressed this problem in response to concerns raised by New York State's public safety community, but quickly expanded our efforts to address channel usage all along the U.S.-Canada border. In the period since September 11, 2001, the Canadians have re-evaluated their own public safety communications needs and decided to dedicate 24 MHz for public safety use and amend their DTV Table of Allocations to permit channels 63 and 68 to be used for public safety communications, instead of DTV, in Canada. They have indicated that they will complete their internal actions to reallocate this spectrum for public safety in the near future. We are working to develop similar arrangements with Mexico for use of the 700 MHz public safety frequencies in the border areas with that country. Thus the Commission has taken, and is continuing to take, those actions necessary to make 24 megahertz of this new spectrum available at 700 megahertz for public safety use as soon as possible. Interference Protection Although providing access to sufficient spectrum for public safety entities has been a significant step enhancing first responder capabilities, harmful interference by commercial mobile radio service (CMRS) providers to public safety communications also is of significant concern to the Commission. First responders can be seriously compromised in their ability to carry out their life-saving responsibilities when they are unable to receive or transmit wireless communications. Accordingly, the Commission has taken an active role in protecting against harmful interference to public safety communications. Currently, the Commission is working to alleviate significant interference issues related to the public safety spectrum in the 800 MHz band. To recap recent history, the Commission has been receiving reports that public safety radio operators in the 800 MHz band were experiencing unexpected interference. Users have been reporting "dead spots" where their mobile radios could not receive or transmit. In April 2000, the Commission brought together representatives of CMRS providers, public safety communications officers and manufacturers to discuss the interference problem. The Commission emphasized that all parties affected by the interference - both commercial and public safety - needed to collaborate and jointly work to identify the causes of interference, establish mitigation alternatives, and develop joint planning and technical solutions for preventing interference. As a result of this meeting, numerous participants, including manufacturers, commercial wireless providers and public safety representatives, agreed to form a working group to pursue these issues. By November of 2000, this group had developed a "Best Practices Guide." The Guide describes the types and causes of interference between 800 MHz systems and provides information and techniques useful to all affected parties to reduce or even eliminate interference, and to plan future system deployments. The remedies identified in the "Best Practices Guide" have provided significant relief in many cases. Reports of interference have persisted, however. In late 2001, Nextel presented to the Commission a "White Paper" that proposed a significant realignment of the 800 MHz band to reduce the incidence of public safety entities operating on spectrum immediately adjacent to commercial entities. Nextel's plan called for the modification of the current interleaved band plan to create two large contiguous blocks of spectrum (one for public safety and one for commercial users), relocation of many incumbent users to these new blocks, and relocation of Nextel operations out of the 800 MHz band. The National Association of Manufacturers also presented a plan for modifying the 800 MHz band plan. In March 2002, the Commission began the process of developing a public record by initiating a rulemaking proceeding. Our Notice of Proposed Rulemaking sought comment on the proposals in front of us and asked for public comment on any additional steps we should take to help resolve the interference problem. The response has been robust. Parties have engaged in extensive discussions of the proposals, and have submitted numerous plans to reduce interference. For example, last August, Nextel joined a group of public safety and private radio organizations to submit a relocation plan that was styled by the parties as the "Consensus Proposal" designed to eliminate interference at 800 MHz. Given the significant nature of that proposal, the Commission allowed additional time for the submission of comments on the proposal. On December 24, 2002, the Consensus Plan parties filed substantial Supplemental Comments, modifying their proposal. Others joined together and advanced alternative solutions to the consensus plan. In light of the critical importance of these issues, the Commission again provided a further opportunity for all parties to provide comment. In April, 2003, I sent a letter to five manufacturers asking for any additional technical information relevant to these critical interference issues to assist our staff in formulating its recommendations to the Commission. Last month, Motorola, the leading manufacturer of equipment for the 800 MHz band, filed a response. They reported the development of new portable public safety transceivers, that when used in combination with best practices, may resolve many of the interference problems related to the 800 MHz band. Parties have since filed both in support of and in opposition to the Motorola proposal. As I have indicated, the record generated by our Notice of Proposed Rulemaking is comprehensive, contradictory and complex. We are committed to working with all parties to analyze and resolve the public safety interference issues as quickly as possible. We are equally committed to taking full advantage of the thoughtful ideas, expert analysis, and collective expertise of all those involved. Only by doing so will we be able to craft a solution that provides public safety entities with a lasting and meaningful resolution. New Technologies for Better Service The Commission also is moving forward to enable and encourage the development of new technologies that hold great promise for public safety use. Ultra-wideband technology is one example. This technology uses the spectrum in a fundamentally different way than most current radio systems. The Commission recently authorized the use of ultra-wideband devices for imaging, vehicle radar, and communication systems. Perhaps most relevant for public safety are ultra-wideband applications allowing for imaging. Law enforcement can use ultra-wideband ground penetrating radar systems to detect or obtain images of buried objects. Similarly, through-wall imaging applications can be used to pinpoint the location and movement of persons on the other side of a structure such as a wall, and can be very useful in the successful resolution of hostage situations. The Commission is actively pursuing the potential of cognitive radios. Under software control and in real time these radios have the capability to change their power and/or frequency, sense their environment, know their location, and optimize their communication path. This technology holds tremendous promise in the areas of interoperability and interference rejection/avoidance for public safety applications. We believe during an emergency these radios will have the capability to configure themselves for interoperable use and automatically adjust in real time to avoid interference. The Commission staff hosted a Cognitive Radio Technologies Workshop last month, as a preparatory step to beginning a rulemaking proceeding later this year to facilitate the development and deployment of this exciting technology. The availability of Priority Access Service (PAS) on public wireless networks gives certain emergency personnel greater ability to access commercial cellular and PCS systems in times of crisis. Under the Commission's rules for this service, authorized National Security and Emergency Preparedness personnel users in emergencies may gain access to the next available wireless channel to originate a call. Following grant of a limited waiver of these rules last March, T-Mobile has completed the commercial deployment of certain PAS capabilities in more than 15 metropolitan cities, including Washington, DC, and New York City. Important Help for Amateurs I must not fail to mention the contributions of amateur radio operators to public safety. The Ham radio community has offered invaluable service to, and as, first responders in natural disasters, emergency situations, and other crisis events. Amateur radio operates literally all across the radio spectrum, and these bands are allocated on both a primary and secondary basis. Ham operators even successfully share some of these bands with important federal government operations. In a Report and Order released last month, the Commission modified its rules to provide access to additional channels in or near the 5250-5400 kHz band on a secondary basis, and to upgrade the existing secondary allocation to primary status in the 2400-2402 MHz band. The Commission recognizes the public service performed by the Ham community in times of emergency and looks forward to working with them in the future in this critical area. Conclusion Mr. Chairman and members allow me to end as I began. The Commission views its responsibilities in the public safety community as one of its highest priorities. The Commission has been and will continue to be sensitive to the needs of that community by making spectrum available for its use when necessary, by protecting it from interference and by enabling new technologies to aid it in its mission. Thank you again for permitting me to testify on this important and timely subject.
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