Subject: [NEXTEL-1] Witness Testimony Mr. John Muleta- Protecting Homeland Security: A Status Report Interoperability Between Public Safety Communications Systems

From: NEXTEL-1
Date: Thu, 24 Jun 2004 23:59:52 -0400

Witness Testimony Mr. John Muleta
Bureau Chief, Wireless Telecommunications
Federal Communications Commission

Protecting Homeland Security: A Status Report on
Interoperability Between Public Safety Communications Systems
Subcommittee on Telecommunications and the Internet
June 23, 2004
1:30 PM

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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