Subject: [NEXTEL-1] New York Metropolitan Area Public Safety Agencies to Use Frequencies at 482-488 MHz

From: [email-masked]
Date: Thu, 10 Jul 2003 18:36:08 -0400

From The FCC:

In the matter of

Amendment of Parts 2, 73, 74 and 90 of the
Commission’s Rules to Permit
New York Metropolitan Area
Public Safety Agencies to Use
Frequencies at 482-488 MHz )

ET Docket No. 03-158
MB Docket No. 03-159

Notice of Proposed Rulemaking

   Adopted:  July 7, 2003 Released:  July 10, 2003

Comment Date:  30 days from publication in the Federal Register
Reply Comment Date:  45 days from publication in the Federal Register

By the Commission:  Commissioner Martin issuing a statement.

1. The Commission has before it a Report of the Police Department of the City of
New York (NYPD), submitted on December 5, 2002, regarding the allocation of TV
Channel 16 (482-488 MHz) in the New York Metropolitan Area.   Specifically, the
NYPD, on behalf of itself and the other public safety agencies comprising the New
York Metropolitan Advisory Committee (NYMAC) (collectively Petitioners) states
that there is a need to reallocate TV broadcast Channel 16 (482-488 MHz) in the
New York City Metropolitan Area to the land mobile service for public safety
communications on a permanent basis.  For the reasons discussed below, we grant
the Petition and initiate a proceeding wherein we propose to reallocate Channel 16
and solicit comments on various aspects of the technical implementation of our
proposal.  We believe that this action is in furtherance of the Commission’s
ongoing efforts to facilitate effective public safety communication and to promote
interoperability.

I.  BACKGROUND

2. In 1995, the Commission conditionally waived Parts 2 and 90 of its rules to
allow the temporary assignment of frequencies in the 482-488 MHz band to public
safety agencies in the New York City metropolitan area.  As a result of this
action, public safety use of the frequencies was permitted for a period of at
least five years or until a television broadcast station in the New York City
metropolitan area initiates use of Channel 16 for advanced television broadcast
operations, whichever is longer.   In that Order, the Commission found that the
public safety agencies in New York had “an urgent and immediate need for
additional spectrum capacity for public safety communications.”   The Commission
believed that the use of TV Channel 16 would provide necessary relief and would
allow for the development of interoperability of communications between the
affected public safety agencies.   Finally, the Commission concluded that the
spectrum relief could be concluded without affecting then-existing television
operations or plans for the implementation of advanced television.

3. In support of their request, Petitioners state that the use of TV Channel 16
plays a critical role in the ability of the NYPD and other NYMAC agencies to
engage in effective public safety communications.   They also state that  they
have made enormous investments in planning, constructing and implementing a
wireless infrastructure for voice and data which is integral to their ability to
provide enhanced emergency response.   According to the Petition, the NYPD alone
has invested over $50 million in the infrastructure for its operations on TV
Channel 16, including transmitters, antennas, repeaters and approximately 25,000
portable and mobile radios.  The Petitioners state that the New York City Fire
Department, Corrections Department, Sanitation Department, Department of
Information and Technology, Department of Parks and Recreation, and the Health and
Hospitals Corporation Police all depend on TV Channel 16 as the core of their
wireless communications capability.  The Petition discusses how public safety
agencies in Suffolk County, New York and Nassau County, New York also rely on TV
Channel 16.  According to the Petition, these entities, as well as the New York
Transit Authority and other area public safety agencies, have invested millions of
dollars in equipment to utilize TV Channel 16.

4. The Petitioners contend that the substantial investments made by the various
public safety agencies in the use of TV Channel 16 could be jeopardized if a party
petitioned the Commission to assign TV Channel 16 for digital television (DTV) use
in the Hudson River Valley.   Petitioners also express concerns regarding the
potential for interference from low power television operation.   In order to
forestall these types of threats, the Petitioners seek to have TV Channel 16 in
the New York City metropolitan area permanently allocated as part of the land
mobile service for use as a public safety communications band.

More: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-165A1.doc

==============================================================================

SEPARATE STATEMENT OF
COMMISSIONER KEVIN J. MARTIN

Re: Amendment of Parts 2, 73, 74 and 90 of the Commission’s Rules to Permit New
York Metropolitan Area Public Safety Agencies to use Frequencies at 482-488 MHz,
Notice of Proposed Rulemaking, ET Docket No. 03-158 and MB Docket No. 03-159.

I strongly support this proposal to permanently reallocate Channel 16 in New York
City to land mobile service for public safety communications.  The men and women
working for New York’s public safety agencies learned first-hand almost two years
ago how critical reliable communications networks are in times of crisis.  The
ability to communicate with other public safety personnel can determine the
difference between life and death.  Harmful interference and inadequate networks
can prevent first-responders from doing their jobs – protecting the people of New
York – and can endanger their lives.
Over a year ago, I talked with local government officials and members of the
public safety community in New York about what steps the Commission could take to
improve their plight.  Their primary concern was the need for spectrum in the
crowded New York City airspace.  In discussing the unique spectrum needs of New
York – marked by an exceptionally dense population with a high concentration of
tall buildings – they emphasized their reliance on Channel 16.  In particular,
they asked that their temporary authority to use Channel 16 be made permanent, so
that they could continue to make the substantial investment necessary in enhancing
their use of this frequency.
I am extremely pleased that the Commission is finally acting on this request.  It
is my hope that the step we take today will facilitate and accelerate the
development, integrity, and coordination of these agencies’ communications
systems.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-165A2.doc

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