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Critical Infrastructure Industries Urge FCC to Change 800 MHz Rules

Critical infrastructure (CI) industries urged the FCC to change its 800 MHz rules to avoid potential harm to CI incumbents in that band. Several associations -- including the United Telecom Council (UTC), National Rural Electric Co- op Assn., American Petroleum Institute, Edison Electric Institute, Assn. of Metropolitan Water Agencies, American Water Works Assn. and American Public Power Assn. -- filed a reply to petitions for clarification and reconsideration with the FCC addressing issues that affect CI licensees in both the 800 MHz and 900 MHz private land mobile frequency bands. Separately, the Transition Administrator (TA) gave the FCC a revised table illustrating the proposed timing and sequencing of the 800 MHz reconfiguration “waves” to include dates for Wave 4.

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The CI associations said they strongly supported the extension of interference protection and notification measures to the 900 MHz PLMR band. They said CI industry licensees should receive similar treatment to that afforded traditional public safety licensees, such as inclusion all 5 years of a preference for remaining spectrum and in emergency “safety valve” measures. The associations asked that the incumbent licensees operating in the 861-862 MHz “guard band” portion of the spectrum receive full funding for relocation of their systems due to decreased interference protection under the new rules. They also asked for clarification of relicensing procedures during rebanding to ensure frequencies are allocated properly.

“The fact that so many critical infrastructure associations combined in this filing shows the importance of these issues to our members,” said UTC Vp-Gen. Counsel Jill Lyon: “Hundreds of CI incumbents -- and therefore, their service to their communities that is based on reliable mission-critical communications -- depend heavily on how the FCC treats these 800 MHz and 900 MHz issues.”

Separately, the TA submitted a filing with the FCC establishing the dates for the Wave 4 of the 800 MHz reconfiguration “waves.” The TA had established firm reconfiguration start dates for 3 of the 4 “waves” of NPSPAC regions being reconfigured in its Regional Prioritization Plan (CD Feb 2 p4). It then deferred scheduling the reconfiguration of the 4th wave pending completion of new 800 MHz border area band plan agreements with Canada and Mexico. TA said since the Regional Prioritization Plan was filed Jan. 31, various entities affected by Wave 4 requested that the TA establish a “date certain” for Wave 4 reconfiguration within the Regional Prioritization Plan.

The TA said the requested modification was “warranted,” and it established the following dates and time frames for reconfiguration Wave 4: (1) 1-120 negotiations begin April 3, 2006. (2) 1-120 reconfiguration is scheduled for July 3, 2006- March 30, 2007. (3) The NPSPAC negotiations PN window is scheduled Oct. 2, 2006-March 30, 2007. (4) NPSPAC negotiations begin by April 2, 2007. (5) NPSPAC reconfiguration is scheduled Jan. 2, 2007-June 27, 2008. “The TA believes that Wave 4 NPSPAC regions can start reconfiguration during the 10th month of the overall 800 MHz reconfiguration process and still have a reasonable likelihood of meeting the Commission’s 36-month deadline, due to efficiencies gained from reconfiguration in the earlier waves and the increased availability of resources expected as the reconfiguration process in prior waves winds down,” it told the Commission.