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Written
Statement of John Muleta, Esq.
Chief, Wireless Telecommunications Bureau
Federal Communications Commission
Introduction
Good afternoon Chairman Upton, Ranking Member Markey and other Members
of the Subcommittee on Telecommunications and the Internet.Thank you for this opportunity to appear before you on behalf of the
Federal Communications Commission to discuss our work in facilitating
interoperability between the nation's public safety communications systems.
Currently, there are more than 40,000 spectrum licenses designated for public
safety systems under the Communications Act. The Commission has the unique role of providing
spectrum for state and local governments to use as part of these systems.As a result, the Commission has had a long-standing commitment to the
protection and enhancement of public safety communications systems. Under the leadership of Chairman Michael K. Powell, the Commission has
intensified its efforts in this area and designated homeland security and public
safety issues one of the Commission's six core strategic objectives. As September 11, 2001 demonstrated, the ability of public safety systems
to communicate seamlessly at incident sites with minimal on-site coordination is
critical to saving lives and property.The
FCC is therefore committed to use all of its resources to promote and enhance
the interoperability of the thousands of public safety systems that make up a
critical part of our nation's homeland security network.
The Commission's experience indicates that a holistic approach is the best
method for fostering interoperability.Achieving
interoperability requires an emphasis on more than spectrum, technology and
equipment issues - it also requires a focus on the organizational and
personnel coordination and communication necessary to make interoperability
available in times of greatest need. For its part, the Commission directs its efforts toward
providing additional spectrum for public safety systems, nurturing technological
developments enhancing interoperability and providing its expertise and input
for interagency efforts such as SAFECOM.
There are limitations, however, to what the FCC can do.The Commission is only one stakeholder in the process and many of the
challenges facing interoperability are a result of the disparate governmental
interests - local, state, and federal - that individually operate portions
of our national public safety system.Each
of these interests has different capabilities in terms of funding and
technological sophistication, making it difficult to develop and deploy
interoperability strategies uniformly throughout the country.Regardless of these problems, we at the FCC continue to advance policies
that enable all of the stakeholders to do their best in maintaining a strong and
viable national public safety system.
Commission
Resources
The FCC works in an integrated
and flexible fashion to assign spectrum for public safety purposes.The Wireless Telecommunications Bureau (WTB) and the Office of
Engineering and Technology (OET) share significant responsibility for
intra-agency projects related to interoperability technology and policy
development.The Commission also
maintains a Homeland Security Policy Council (HSPC) and created the Office of
Homeland Security within the Enforcement Bureau to facilitate intergovernmental
communications on homeland security issues.
Wireless
Telecommunications Bureau
WTB underwent a reorganization this past year that created the
Public Safety and Critical Infrastructure Division (PS&CID). PS&CID now has a clear focus - its job is to administer the
licensing rules for public safety radio networks and the related radio networks
of critical infrastructure industries such as the nation's utilities.The division also has the responsibility of promulgating rules that
require wireless carriers to deploy E911 systems throughout the country for the
benefit and use of over 160 million cell phone subscribers - another critical
element of the nation's homeland security system. The division's routine day-to-day contact with public
safety licensees, their vendors and other stakeholders allows it to closely
monitor industry trends and needs.In
2003, WTB processed more than 529,000 public safety and other private and mobile
applications, including applications for new licenses, license modifications and
renewals, waivers, and requests for special temporary authority.
Office
of Engineering and Technology
In addition to its responsibility for spectrum allocations, OET
routinely assesses vulnerabilities in communications networks and equipment and
makes recommendations for facilitating improvements to network security,
reliability and integrity.OET also
evaluates new technologies and makes recommendations to the Commission for rule
changes which would enable their use to improve the communications capability of
the nation's public safety community.OET
is the agency's principal point of contact with the National
Telecommunications and Information Administration (NTIA) and in this role works
with NTIA on spectrum issues that affect both non-Federal and Federal government
spectrum users, including state, local and federal first responders.
Homeland
Security Policy Council and Office of Homeland Security
The FCC's Homeland Security Policy Council (HSPC), created in
November, 2001 and composed of senior managers of the Agency's policy bureaus
and offices, and the Office of Homeland Security (OHS) assist the Commission in
implementing the Homeland Security Action Plan.Among the directives of the Action Plan is to ensure that
public safety, public health, and other emergency and defense personnel have
effective communications services available to them as needed.
Equally as important, HSPC and OHS ensure
coordination with other federal, state, and local entities that are involved
with Homeland Security.For
example, as a partner with the
Department of Homeland Security, the FCC has
promoted registration of states and localities in the Telecommunications
Service Priority and the Wireless Priority Access Service programs. These programs provide wireline and wireless telephone dial tone to
public safety entities on a priority basis during and following a disaster.HSPC members are also working
with disabilities rights organizations to identify and resolve communications
issues that have an impact on that community during national emergencies.
In addition, HSPC and OHS work closely to support the Network
Reliability and Interoperability Council (NRIC VII) and Media Security and
Reliability Council (MSRC), two of the FCC's federal advisory committees. Through NRIC VII, communications industry leaders provide recommendations
and best practices to the FCC focused on assuring optimal reliability and
interoperability of wireless, wireline, satellite, paging, Internet and cable
public communications networks and the rapid restoration of such services
following a major disruption.MSRC
does much the same with the goal of achieving optimal reliability, robustness
and security of broadcast and multi-channel video programming distribution
facilities.Public safety
representatives are part of this effort since, during emergencies, TV and radio
are sources of information for citizens.
Spectrum
for Public Safety
The
Commission currently has designated throughout the country approximately 97 MHz
of spectrum from ten different bands for public safety use.Public safety entities also actively use
spectrum-based services in other spectrum bands.For example, under the ultra-wideband rules, ground penetrating radars
and imaging systems enable public safety users to detect the location or
movement of people behind or within walls or other structures, an important and
potentially lifesaving tool.In
addition, various frequencies are available from 2 to 25 MHz for emergency
communications.
The Commission also grants
licenses to public safety entities for non-public safety spectrum to promote
effective and efficient public safety communications.Such actions have allowed public safety entities to implement
state-of-the-art communications systems and/or increase interoperability.Also, many public safety entities use commercial wireless communications
to supplement their other non-emergency communications.Finally, the availability of Priority Access Service (PAS) on some
commercial wireless networks gives certain emergency personnel greater ability
to access commercial cellular and Personal Communications Service (PCS) systems
in times of crisis.
Spectrum Dedicated for
Public Safety Interoperability
The
Commission has designated certain channels in the public safety bands for public
safety interoperability.A public
safety entity may use these designated frequencies only if it uses equipment
that permits inter-system interoperability.The frequencies that have these so-called "use designations" include
2.6 MHz of the 700 MHz band, 5 channels in the 800 MHz band, 5 channels in
the 150 MHz band (VHF Band), and 4 channels in the 450 MHz band (UHF Band).
Starting on January 1, 2005, the
Commission will require newly certified public safety mobile radio units to have
the capacity to transmit and receive on the nationwide public safety
interoperability calling channel in the UHF and VHF bands in which it is
operating.Also, in the case of
certain inland coastal areas, known as VHF Public Coast areas (VPCs), the
Commission has designated several additional channels in the VHF band to be used
exclusively for interoperable communications.
Recent
Public Safety Spectrum Allocations
In the last few years, the Commission has made two allocations that
illustrate the importance placed on ensuring that public safety entities have
sufficient spectrum to carry out their critical missions.First, consistent with the Balanced Budget Act of 1997, the
Commission identified and allocated 24 MHz of spectrum in the 700 MHz band for
public safety use.Second, the
Commission made available for public safety use 50 MHz of spectrum at 4.9
GHz.
To better facilitate use of the 700 MHz public safety
spectrum, the Commission adopted special rules and policies.It crafted 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.In particular, the Commission dedicated 2.6 MHz of this spectrum for
interoperability purposes.Given the
central role that states provide in managing emergency communications, the
Commission concluded that states are well-suited for administering the
interoperability spectrum and that state-level administration would promote
safety of life and property through seamless, coordinated communications on the
interoperability spectrum.
The FCC's rules provide that the states may manage interoperability
channels in two ways:(1) they may
establish a State Interoperability Executive Committee (SIEC) or its equivalent;
or (2) they may designate their Commission established Regional Planning
Committees (RPCs).Thirty-eight
states and the District of Columbia elected to administer their interoperability
spectrum.For the fourteen that did
not, the RPCs have been delegated the responsibility to administer this
spectrum.
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 700 MHz public safety spectrum on TV channels 63-64 and 68-69
is available now in many areas of the country.Because of the significance of
this spectrum for public safety, especially first responders and interoperability, the Commission is actively considering
ways to bring the digital transition to its conclusion.Indeed, under the direction of Chairman Powell, the Media Bureau has
developed a bold framework that would provide a soft landing and a clear
conclusion for the DTV transition so that, in part, we can provide public safety
with this additional spectrum.
The Commission's second allocation, 50 MHz of spectrum at 4.9 GHz
(4940-4990 MHz), promises to permit the use of new advanced wireless
technologies by public safety users.This
spectrum is part of a transfer of Federal Government spectrum to private sector
use.The Commission initially
proposed to allocate the 4.9 GHz band for fixed and non-aeronautical mobile
services and to auction it 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 Commission intended the 4.9 GHz band to accommodate a variety of new
broadband applications such as high-speed digital technologies, broadband mobile
operations, fixed "hotspot" use, wireless local area networks, and temporary
fixed links. The 4.9
GHz band 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.
Licenses
for this spectrum will be granted to public safety entities based on a
"jurisdictional" geographical licensing approach. Accordingly, the 4.9 GHz spectrum will be licensed for shared use.Under this approach, the Commission will authorize 4.9 GHz licensees to
operate throughout those geographic areas over which they have jurisdiction and
will require them to cooperate with all other 4.9 GHz licensees in use of the
spectrum. In order to
increase spectrum use and foster interoperability, the Commission will permit
licensees to enter into sharing agreements or strategic partnerships with both
traditional public safety entities, including Federal Government agencies, and
non-public safety entities, such as utilities and commercial entities.
Promotion
of Public Safety Interoperability
There
are a range of mechanisms that specifically promote interoperability.As discussed above, the Commission has used its resources to identify
additional spectrum.The Commission
also has provided for innovative licensing methods, created planning methods
that encourage better coordination, and promoted new technologies.
Regional
Planning
The Commission adopted the regional planning
approach to spectrum management as an alternative to the traditional
first-in-the-door approach to spectrum licensing and management in the public
safety context.Regional planning
allows for maximum flexibility of the RPCs to meet state and local needs and
encourage innovative use of the spectrum to accommodate new and as yet
unanticipated developments in technology and equipment.The
Commission has utilized this approach for public safety spectrum in the 700 and
800 MHz bands.
Sharing
of Radio (Spectrum) Facilities
In
order to promote interoperability, the Commission has rules for two types of
spectrum sharing.First, the
FCC's rules specifically provide for shared use of radio stations where
licensees may share their facilities on a nonprofit, cost shared basis with
other public safety organizations as end users.In July 2000, the Commission expanded this sharing provision.This rule also allows Federal government entities to share
these facilities as end users.A
second type of sharing is unique to the 700 MHz public safety spectrum.In this spectrum band, state and
local public safety licensees may construct and operate joint facilities with
the Federal government.The
Commission took this action to encourage partnering of FCC-licensed state or
local government entities with Federal entities to promote interoperability and
spectrum efficiency.
Public
Safety National Coordination Committee
The Public Safety National Coordination Committee (NCC) operated as a
federal advisory committee from 1999 to 2003 and recommended technical and
operational standards to assure interoperability in the 700 MHz public safety
band. The over 300 members
employed a consensus-based decision-making process to meet its charge.The NCC was guided by an eleven-member Steering Committee and used three
subcommittees, each of them having several working groups to develop its
recommendations, many of them highly technical. It submitted its final recommendations in July 2003.
The NCC developed recommendations on a
technical standard for the narrowband voice and data channels to ensure that
police, firefighters, EMS and other public safety officials using 700 MHz radios
can communicate with one another instantly on common voice and data channels.The same channels are designated for interoperability use
everywhere in the United States.The
Commission adopted the narrowband voice standard and also a narrowband data
standard in January 2001 as the NCC recommended.
The NCC also
developed a recommendation for a wideband data standard and forwarded it to the
Commission in July, 2003.This
standard would give public safety agencies a common "pipeline," on 700 MHz
wideband data interoperability channels, with which to implement such
applications as sending mug shots and fingerprints to police vehicles, medical
telemetry from EMS units to hospitals, blueprints of burning buildings to
firefighters and video coverage of incidents to the incident commander.The NCC worked with the Telecommunications Industries Association - an
accredited standards developer - to develop interoperability technical
standards that are open and non-proprietary.The Commission will consider the remaining NCC recommendations, including
the wideband data standard, in a future rulemaking.
Intelligent
Transportation Systems Radio Service
In
December 2003, the Commission adopted service and licensing rules for the
Dedicated Short Range Communications (DSRC) Service in the Intelligent
Transportation Systems (ITS) Radio Service in the 5.850-5.925 GHz band.It is envisioned that DSRC would provide the critical
communications link for ITS, which is key to reducing highway fatalities, a high
priority for the Department of Transportation.The effective and expeditious implementation of DSRC not only
benefits American consumers by providing solutions to today's transportation
challenges and allowing life-saving communications.It also provides public safety entities with another
communications tool that can assist them in fulfilling their missions. To
ensure interoperability and robust safety and public safety communications among
DSRC devices nationwide, the Commission adopted rules requiring that the ASTM-DSRC
standard be used.The Commission
also adopted licensing and technical rules aimed at creating a framework that
ensures priority for public safety communications, thereby allowing both public
safety and non-public safety use of the 5.9 GHz band.Further, the Commission adopted a jurisdictional licensing approach
similar to that used for the 4.9 GHz band.
Cognitive
Radios Proceedings
The
Commission is actively exploring the potential of new technologies to enhance
interoperability and encourage network efficiency of public safety systems.One example of such new technologies is cognitive radios, which 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 for public safety
interoperability by making it possible for radios from different public safety
systems to operate seamlessly at an incident site without prior coordination.The Commission has initiated a Cognitive Radio Technologies proceeding to
examine the enhanced interoperability potential that these even more flexible
technologies may offer.
Coordination
The FCC
recognizes that interagency coordination is an essential factor in developing
effective interoperability.To that
end, Commission staff routinely confers with the Department of Homeland
Security's SAFECOM. The FCC
and SAFECOM share the common goal of improving public safety communications
interoperability.We are continuing
our collaborative efforts to develop a strong working relationship, both
formally and informally.For
example, the FCC is an active member of SAFECOM's Advisory Group.In addition, FCC staff has met with staff from SAFECOM on several
occasions for information exchanges and briefings, including, most recently, a
March 11, 2004 presentation to SAFECOM's Executive Committee on matters
pending before the Commission.
FCC staff
also has attended and/or participated in several events hosted by SAFECOM,
including its 2003 Summit on Interoperable Communications for Public Safety and
2004 Public Safety Communications Interoperability Conference.Moreover, DHS Deputy Director David Boyd and I continue to work together
to further promote and ensure effective coordination regarding homeland security
and public safety communications initiatives.We agree that it is critical that the FCC and SAFECOM continue to work
cooperatively to achieve our common interests of promoting homeland security and
interoperability.
Conclusion
The FCC is
dedicated to marshalling all of its resources and expertise in order to ensure
that adequate spectrum and technology is available for providing
interoperability among the nation's public safety systems.The Commission continues to work with a wide range of stakeholders to
foster and promote new policies, rules, regulations and technologies related to
public safety interoperability.Although
some of the challenges involved in bringing interoperability to public safety
systems are outside the scope of the FCC's authority, the Commission continues
to take a leadership role in trying to resolve these challenges.
Thank you for the
opportunity to testify on this important issue affecting our homeland security.
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