Two leaders of the House Homeland Security Committee asked the FCC to grant waivers sought by various cities and local governments so they can make early use of 700 MHz D-block spectrum. As expected, the waiver requests got widespread support from various public safety and industry groups. Others, including the National Emergency Number Association (NENA), urged the FCC to act with care, so as to not create problems later on as a national public safety wireless broadband network is put in place.

A public-private partnership remains a good solution for creating a nationwide, interoperable public safety network, said House Commerce Committee Chairman Henry Waxman, D- Calif., at a Communications Subcommittee hearing Thursday. Several groups offered proposals for solving the longstanding lack of a nationwide public safety network, as well as ways to pick up the pieces after the failed auction of spectrum set aside for such a network in the 700 MHz auction last year. But no consensus emerged among lawmakers or witnesses. Lawmakers did agree a solution is imperative either through legislation or FCC action.

Twelve of the 13 associations taking part in a National Public Safety Telecommunications Council (NPSTC) Governing Board meeting Tuesday opposed reallocating the 700 MHz D- block to commercial use, as proposed by the National Emergency Number Association. Only NENA dissented. “NPSTC does not support the proposal to reallocate the 10 MHz of public safety 700 MHz broadband block to commercial use, as it would give back scarce public safety spectrum,” the group said. “Doing so would also undermine progress made during recent meetings among numerous major public safety organizations to further address matters related to the development of a nationwide interoperable broadband network.” The group said NENA should “abandon the promotion of its proposal to remove current spectrum from public safety and instead … support current efforts by the majority of the national public safety organizations that would increase spectrum for public safety.” NENA CEO Brian Fontes told us the vote played out as expected. “They are opposed to two of the elements in the NENA proposal,” he said. “They oppose the notion that we still believe that an auction is a viable approach, and they oppose the fact that we would consider exchanging 10 MHz of public safety spectrum for something of equal or greater value, meaning access to a 20 MHz broadband network. It’s just an example of reasonable minds differ[ing].”

The FCC should approve eligible telecommunications carrier status for prepaid wireless carriers Conexions and Consumer Cellular only if they meet the same 911/E911 provisions imposed on TracFone and Virgin Mobile, the National Emergency Number Association said in separate filings. Both seek to offer Lifeline service though the Universal Service Fund program. They should be required to certify “full compliance with any applicable [state] 911/E911 obligations, including obligations relating to the provision, and support, of 911 and E911 service,” NENA said. That requirement was not mentioned by the FCC when it sought comment on petitions from Conexions and Consumer Cellular, NENA said.

National Emergency Number Association CEO Brian Fontes Wednesday proposed two alternative plans for the 700 MHz D- block in a letter to FCC Chairman Julius Genachowski. In the wake of the failed D-block auction, various public safety groups, supported by AT&T and Verizon Wireless, have instead urged the FCC to petition Congress to change the law so that the spectrum can be given directly to public safety to use, bypassing another auction. Fontes suggested that an auction remains a viable alternative.

The National Association of State Utility Consumer Advocates opposed petitions by i-Wireless and Head Start, both of which ask the FCC to forbear from enforcing a requirement that eligible telecom carriers offering Lifeline service provide service at least partly over their own facilities. Both companies are resellers which offer service using other carrier’s facilities. The National Emergency Number Association also raised concerns, saying the FCC should impose the same E-911 requirements imposed on wireless resellers TracFone and Virgin Wireless.

As one of his first acts as FCC chairman, Julius Genachowski sent acting Public Safety Bureau Chief David Furth a memo Tuesday asking for a top-down review of public safety preparedness at the FCC. Industry sources said the memo likely will be followed by others as Genachowski attempts to get a handle on the agency he took over Monday.

The National Public Safety Telecommunications Council Wednesday appeared set at our deadline to tentatively endorse LTE over WiMAX as the air interface for a proposed national public safety broadband network. APCO and the National Emergency Number Association endorsed LTE in a statement the groups released jointly Tuesday. NPTSC officials also discussed other technical issues regarding the proposed network Wednesday at a meeting of NPSTC’s governing board.

Ahead of a Wednesday meeting on rules for the 700 MHz D block, scheduled by the National Public Safety Telecommunications Council, commenters responded to public safety questions asked by the FCC in its broadband inquiry in filings at the agency. APCO said it continues to support the “basic approach” for the D block originally adopted by the FCC, which is to sell the spectrum so a public-private partnership can build out a national public safety network. “Absent a national network approach, only those agencies with sufficient resources and expertise will be able to deploy broadband, and there is no assurance that systems will be interoperable or be able to take advantage of ‘off-the-shelf’ technologies and standards,” APCO said. In response to one of the questions asked by the FCC in the NOI, APCO said it’s difficult to say how public safety will use wireless broadband once it’s widely available. “In general, public safety is likely to have a substantial need for all types of video applications, both on a day-to-day basis and for major emergencies that require extensive command and control capability,” the group said. “Video will need to be real-time, with mobile (and probably airborne) capability over wide areas. High-speed, reliable access to specialized databases (for building diagrams, criminal records, medical information and images etc.) will also be critical for public safety personnel in the field. Communication will need to be two-way, with comparable speeds for upstream and downstream capability.” The National Emergency Number Association said public safety has an urgent need to modernize its communications systems. “911 and emergency communications and response systems remain largely stuck in the technology and mentality of the 20th Century at a time when 21st Century broadband-enabled technologies are being deployed throughout most other sectors in the U.S.,” NENA said. “The results are responders without numerous forms of available and useful information, emergency communications systems that are often inflexible and insufficiently redundant during major disasters, and overall system inefficiencies.” NENA said a public safety broadband network like one proposed for the 700 MHz D block should be based on a single standard and technology platform that “takes advantage of the significant research and development of the commercial wireless industry” and be supported by a “known and recurring funding source.”

CTIA and National Emergency Number Association officials warned that a growing number of states are redirecting E-911 funds, especially in light of the slumping economy and budget problems. In most of the states where the funds are being raided, many counties still don’t have E911 Phase II coverage, or in some cases even basic Phase I coverage. The FCC is scheduled to take on the issue in a report it will make to Congress in July as a requirement of NET 911 Improvement Act.