Subject: [NEXTEL-1] Congressional Testimony Of Mr. Edmond J. Thomas Chief Engineer OET

From: [email-masked]
Date: Fri, 13 Jun 2003 11:47:56 -0400

Congressional Testimony Of
Mr. Edmond J. Thomas
Chief Engineer
Office of Engineering & Technology Federal Communications
Commission
445 12th Street SW
Washington, DC, 20554

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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