FCC Approves 700 MHz Rulemaking Leaving D-block Questions for Another Day

On Capitol Hill, meanwhile, Sen. Jay Rockefeller, D-W.Va., reintroduced his D-block bill from the last Congress late Tuesday. FCC Chairman Julius Genachowski and Rockefeller are at odds over whether control of the D-block should be given to public safety, as Rockefeller favors, or auctioned for commercial use, as proposed in the National Broadband Plan.

Rockefeller, chairman of the Commerce Committee, has communicated to Genachowski he would not welcome FCC action on the D-block until Congress has a chance to act, FCC and Hill officials said. Senate Majority Whip Dick Durbin, D-Ill., sent a similar message, one official said. But a Durbin spokesman said he has not asked the FCC to delay action. A Rockefeller spokeswoman didn’t return a request for comment.

Genachowski fielded questions about the D-block during a press conference after the FCC meeting, which was over in less than an hour. “Congress is now back and they're actively considering legislation in this area,” Genachowski said. “We'll be a resource to that and we're hoping for clarity soon.” Asked if he had a preference, he responded: “The National Broadband Plan says what it says."

Rockefeller said he will “work tirelessly” to pass his D-block bill, which was co-sponsored by Democratic Sens. Bill Nelson of Florida, Frank Lautenberg of New Jersey, Tom Harkin of Iowa and Ben Cardin of Maryland. Except for some minor typo fixes, the bill is substantively the same as the one Rockefeller introduced last year. The bill would reallocate the D-block to public safety. To pay for the network, it authorizes voluntary incentive auctions, and directs a portion of the auction proceeds to be used to fund the public safety network.

"This is not only good policy,” said Rockefeller. “It is the right thing to do. The American people deserve the best and most innovative uses of wireless networks anywhere, and they should know that our first responders have access to the airwaves they need when tragedy strikes."

The FCC, in an unusual step, specifies use of a single air interface, LTE, and specifies elements of the standard for inclusion in each network deployment. “As a general rule, the FCC is not in the business of picking platforms … but this is a widely agreed upon exception to that rule,” Genachowski said.

The FNPRM seeks comment on additional rules that will help guarantee nationwide interoperability in the public safety network. It asks questions on such issues as the effectiveness of open standards, roaming between networks, network robustness and resiliency and security and encryption. The order had not been posted by the FCC at our deadline.

FCC action is past due, said Commissioner Michael Copps. “The 9/11 Commission Report, which I encourage everyone to read and read again, lays out in chilling detail a lack of communications readiness that seriously hampered our country’s ability to respond on that terrible day,” Copps said. “More should have been done immediately after 9/11 to address the needs of public safety. I called for it then, but little action was taken. Quite frankly, it is inexcusable that we still do not have a nationwide interoperable public safety network."

"In a perfect world, with the 10th anniversary of 9/11 fast approaching, we would have already finalized an order setting forth auction and service rules for the D-block spectrum,” said Commissioner Robert McDowell. “We already did so back in 2007 but it didn’t work, so it’s time to go back to the drawing board.”

Commissioner Meredith Baker said the order provides “much needed guidance to members of the public safety community deploying or planning to deploy broadband networks.” Baker called it an important step forward: “The bureau’s thoughtful and comprehensive analysis of the next set of critical deployment issues to be addressed reflects the complexity of the task before us, and before public safety.” Commissioner Mignon Clyburn said, “While Congress is actively reconsidering how best to address spectrum in the D Block, I am glad that our Commission is moving forward and taking important steps to develop the framework for the first, nationwide, interoperable broadband network for public safety."

Public Safety Bureau Chief Jamie Barnett introduced a wide range of officials from national public groups during a staff presentation on the FNPRM as a demonstration of support for at least part of the FCC’s efforts to push forward a national network for first responders. “It’s a complex subject,” Barnett said. “There’s a lot of moving parts. We're going to address all those parts.” Barnett said there’s general consensus among public safety groups that they want to be able to roam onto commercial networks.

D-block auction supporters in the Connect Public Safety Now Coalition “respectfully disagree” with Rockefeller, but “stand with him on the need to build this network, and are committed to ensuring that it becomes a reality -- quickly,” the coalition said Tuesday afternoon. The Coalition praised the FCC rulemaking, but said the next step is to ensure first responders can talk to anyone, not just other first responders.

"The PSST supports these efforts and looks forward to being an active participant in this proceeding,” said Harlin McEwen, chairman of the Public Safety Spectrum Trust said of the 700 MHz order.

Unsurprisingly, Verizon and AT&T supported D-block reallocation as proposed by the bill. The Rockefeller bill “will result in a truly interoperable public safety network and will free up new spectrum and establish funding mechanisms to support the operation and maintenance of this critical network,” said AT&T Executive Vice President Tim McKone. NAB also renewed its support for the bill. “Broadcasters have no quarrel with incentive auctions that are truly voluntary, and the new legislation provides sound direction for that approach,” said NAB President Gordon Smith.