VHF/UHF Narrowbanding 700 MHz Broadband

Transcription

1 VHF/UHF Narrowbanding 700 MHz Broadband Alan S. Tilles, Esquire Shulman, Rogers, Gandal, Pordy & Ecker, P.A. April 2012

2 Who Are We? Full Service Law Firm In Potomac, Maryland Counsel To Frequency Coordinators, Transit Agencies, Public Safety Users, Private Radio Licensees, SMR Operators And Radio Manufacturers Since 1984 RFP Creation, Review & Evaluation Assistance Representing More Than 200 Public Safety And Transit Agencies In Their Rebanding Negotiations Broadband Representation On 700 MHz LTE PTC Spectrum Acquisition Work Experienced Licensing Preparation Personnel Narrowbanding Extensions, License Renewals, Reinstatements, Modifications, Construction Notices And Short-Spacing Waivers Microwave Relocation Negotiations 2

3 VHF/UHF Mandatory Narrowbanding

4 Narrowbanding Update FCC Putting All Extension Requests On Public Notice P.S. & B/ILT Review FCC Public Notice For Criteria You Must Be A Purple Cow! State Of Missouri One Year Extension Granted LMCC Developing Adjacent Channel Coordination Criteria First Set Published, More To Come 4

5 Narrowbanding Update What Happens Next Year? FCC Will Be Complaint Driven Opportunity For Database Clean-Up? Opportunity To Pair VHF? How Will Coordinators Treat Legacy Licenses Remaining In Database? Ignore? Assume Narrowband? 5

6 700 MHz National Public Safety Broadband System

7 700 MHz Broadband Middle Class Tax Relief And Job Creation Act Of 2012 We Got The 700 MHz D Block! Part Of Spectrum Vacated In DTV Transition NTIA To Establish First Responder Network Authority (FirstNet) Funded Through Proceeds Of Spectrum Auction Through FY 2022 Network Is Self-Sustained Over Long Term Through Fees 7

8 Public Safety 700MHz Broadband Auction PS Auction Auction PS LTE Band 13 DL LTE Band 14 DL LTE Band 13 UL LTE Band 14 UL CH 60 CH 61 CH 62 CH 63 CH 64 CH 65 CH 66 CH 67 CH 68 CH 69 C A D PS BB PS NB B C A D PS BB PS NB B Verizon New Public Safety

9 FirstNet (Section 6204) Independent Authority Within NTIA 15 Member Board & Holds FCC License Takes All Action Necessary To Design, Construct, Deploy And Operate, In Consultation With Federal, State, Tribal And Local P.S. Entities, Director Of NIST, FCC And Public Safety Advisory Committee Substantial Rural Coverage Milestones 9

10 FirstNet Board (Section 6204) Secretary Of Homeland Security Attorney General Of United States Director Of OMB 12 Individuals Appointed By Sec. Of Commerce Within 180 Days (August 2012) At Least 3 Individuals To Represent Collective Interests Of States, Locals, Tribes & Territories At Least 3 Individuals Who Have Served As P.S. Professionals Must Be Geographically & Urban/Rural Diverse 10

11 FirstNet Board Members Must Have At Least One Of The Following Qualifications: P.S. Expertise Federal, State, Local, Tribal Or Emergency Response Technical Expertise Fluency Regarding Broadband Communications, Including P.S. Network Expertise Building, Deploying & Operating Commercial Telecom Networks Financial Expertise Financing & Funding Telecom Networks 11

12 State & Local Implementation Grant Program ( 6302) NTIA Must Establish Criteria Within Six Months (August 2012) Assists States, Regional, Tribal And Local Jurisdictions To Identify And Plan Most Effective Way To Utilize And Integrate Infrastructure, Equipment, Etc. Associated With Nationwide PSBN Must Ensure Coverage In Rural As Well As Urban Areas State Designates Single Officer Or Governmental Body As Coordinator Of Implementation Of Grant Funds 12

13 State Network Process ( 6302) FirstNet Must Complete RFP Process For Construction, Operations, Maintenance And Improvements Of PSBM When Complete, FirstNet Must Notify Governors (Or Designee) Of: Details Of Buildout For That State Funding Levels For That State Determined By FirstNet State Must Then Decide Within 90 Days To Participate Or Opt-Out 13

14 State Opt-Out ( 6302) Governor Notifies FirstNet, NTIA & FCC State Has 180 Days To Develop And Complete RFPs For Construction, Maintenance And Operations Of RANs Within State State Submits Alternate Plan To FCC, Which Must: Meet Minimum Technical Requirements Be Interoperable With PSBN FCC Shall Review And Approve Or Disapprove 14

15 If FCC Approves State Opt-Out ( 6302) State May Apply To NTIA For Grant To Construct (Not Operate And Maintain) State Shall Apply To NTIA To Lease Spectrum Capacity From FirstNet State Must Demonstrate: Technical And Financial Ability To Operate And Maintain Ability To Complete Within Timelines Cost-Effectiveness Of State Plan Comparable Security, Coverage And Quality Of Service 15

16 If FCC Disapproves Opt-Out FirstNet Proceeds ( 6302) U.S. District Court For District Of Columbia Has Exclusive Jurisdiction To Review FCC Decision Additional State Networks Items: State Shall Pay Any User Fees Associated With State Use Elements Of PSBN Max Grant Is 80% Of Costs, Thus 20% State Match Required 16

17 Network Funding ( 6207/6301) NTIA Granted Borrowing Authority Up To $2B To Implement Governance NTIA Granted Borrowing Authority Up To $135M To Implement State & Local Implementation Head Start On Auction Proceeds 17

18 Flexible 700 MHz Narrowband Use FCC May Allow Flexible Use Of 700 MHz Narrowband Spectrum Subject To Technical And Interference Considerations 18

19 Public Safety Trust Fund ( 6413) Funds From Incentive Auctions And Auctions Of Spectrum Pursuant To 6401 PSTF Funds Available In Cascading Order Of Priority: Repayment Of NTIA-Borrowed Funds Buildout Of PSBN Up To $7B (Minus Above) Public Safety Research & Development - $100M Deficit Reduction - $20.4B 911, E911 & NG911 - $115M Additional P.S. Research - $200M Any Additional Deficit Reduction Note: PSTF May Not Be First Fund To Receive Auction Proceeds 19

20 Who Is Eligible To Use The Network? Public Safety Services Defined as Section 337 (Primary Purpose) Previously Used For 700 MHz, And Services Provided By Emergency Response Providers, As That Term Is Defined In Section 2 Of The Homeland Security Act Of 2002 Federal, State, And Local Public Safety, Law Enforcement, Emergency Response, Emergency Medical (Including Hospital Emergency Facilities), And Related Personnel, Agencies, And Authorities Other Non-Public Safety Services (Other Than Consumers) May Lease Capacity On A Secondary Basis 20

21 What Happens To BTOP/Waiver Jurisdictions? While Legislation Provides For Assignment Of PSST License To FirstNet, No Mention Of BTOP/Waiver Jurisdictions FCC Currently Has Open Proceeding Seeking Comments On BTOP/Waiver Lease Assignments FCC Due To Act On Additional Waiver Requests Shortly 21

22 What Should I Do About My LMR Network? PSBN Will Take Years To Build Out In Even The Largest Jurisdictions Presently No Mission Critical Voice LTE Standard Must Be Developed By World-Wide Standards Body Probably 10 Years Until Mission Critical Voice LTE Standard Available 22

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24 There s One More LMR Generation Left For You If You Are End-Of-Life On Your Current LMR System, You ll Likely Need At Least One More Generation Of LMR Equipment Before You Can Think Of Replacing Your System With LTE But, You Can Deploy With Both Networks In Mind 24

25 What About My T-Band System? Legislation Requires P.S. Move Off T-Band ( MHz) Used In 11 Largest Urband Areas Within 11 Years, With Spectrum Auctioned Within 9 Years No Mention Of B/ILT Licensees FCC Will Need To Explore In NPRM How Much Funding? Where Do You Move To? Can t Lose Interoperability What If Part Of A Mixed T-Band/450 MHz System? What If No One Shows At Auction? Other Than L.A./N.Y. P.S. Waivers, Is This Spectrum Worth Anything At Auction Without Moving Interleaved B/ILT Licensees? What About Adjacent Part 22 Licensees? What If FCC Auctions Like PCS/Microwave? Winner Responsible For Finding Alternative Spectrum & Paying For Move 25

26 What About My T-Band System? FCC Being Lobbied To Cancel Public Safety T-Band Narrowbanding Mandate However, Since Auction May Not Be For 9 Years, With Another 2 Years Before T-Band Public Safety Licensee Must Move, Can Your System Last That Long Anyway? Any Non-Narrowbandable T-Band System Is At Least Ten Years Old 26

27 THANK YOU! Alan S. Tilles, Esquire Shulman, Rogers, Gandal, Pordy & Ecker, P.A Park Potomac Ave., 6 th Floor Potomac, Maryland atilles@shulmanrogers.com