National Public Safety Telecommunications Council Regulatory Update Bette Rinehart

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership MHz October 10 – Deadline for Public Safety Broadband Licensee applications –Public Safety Broadband Trust only applicant October 23 – Certification deadline –35 certifications received Auction 73 (700 MHz) Rules, deadlines established Auction will begin on January 24, 2008 January 31, 2008 – New Deadline to file revised 700 MHz Regional Plans –Applies to Regions with granted or pending Plans as of July 2007

National Public Safety Telecommunications Council 800 MHz

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 4 3 rd Memorandum Opinion & Order Sprint Nextel failed to meet its 18 month benchmark obligation to clear first 20 regions –No penalties imposed –Although they cleared 26 regions, not all of Wave 1 was cleared FCC imposes additional benchmarks to ensure timely completion –SN must complete relocation of all* channels in Waves 1, 2, 3 and non-border 4 by 12/26/07 –SN must file monthly progress reports on clearing –SN and SouthernLinc must be off and interleaved by 6/26/08 –For licensees requesting access to new NPSPAC channels in the interim SN must clear within 90 days of request made prior to 1/1/08 SN must clear within 60 days of request made after 1/1/08 Waivers filed for extensions due to potential interference from broadcast channel 69 granted –Infrastructure retuning can be extended to 3/1/09 –Incumbents should proceed with whatever planning or subscriber replacement possible –Any licensee impacted by Channel 69 must file own waiver, not a blanket decision * All non-Nextel / Non-SouthernLinc

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 5 Public Notice Supplemental Procedures and Guidance Completion of planning FRA negotiations Change notice process Rebanding implementation Regional implementation planning Wave 4 border area planning Licensee request for extension

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 6 Completion of Planning Following TA approval, NPSPAC licensees must complete planning (either with or without a PFA) and submit a cost estimate as follows: –1 - 5,000 units: within 90 days –5, ,000 units: within 100 days –Over 10,000 units: within 110 days NPSPAC licensees in Waves 1-3 that are already engaged in planning must complete planning and submit a cost estimate to Sprint as follows: –Wave 1 – by October 15, 2007 –Wave 2 – by November 15, 2007 –Wave 3 – by December 15, 2007 A NPSPAC licensee may request additional time for planning but must show why and provide detail on activities to date During planning, NPSPAC licensees must provide the TA with biweekly status updates. The cost of the updates is recoverable from Sprint Nextel.

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 7 FRA Negotiations Parties have 30 days to negotiate an FRA following submission of a cost estimate to Sprint by the licensee –TA mediators will monitor negotiations and track submittal dates –TA mediators will not participate in negotiations. If the parties are unable to negotiate an FRA within 30 days, the parties shall participate in mediation for 20 days Any remaining disputed issues will be referred to PSHSB within 10 days of the close of the mediation period

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 8 Change Notice Process The negotiation and approval of Change Notice requests should take into account the overall goals of this proceeding, not just the issue of minimum cost. Licensees can’t use Change Notice to recover costs that were originally rejected or reasonably foreseeable during planning or FRA negotiations Licensees complying with time limits may seek costs incurred that could not reasonably be anticipated within such time limits. Licensees should submit Change Notice requests concurrently to Sprint and the TA. Sprint shall respond to all Change Notices requests within 10 working days of receipt Parties may request mediation from the TA and shall participate in mediation for 15 working days Remaining disputes will be referred to PSHSB. TA must review all amendments within 10 working days from the date

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 9 Rebanding Implementation Use the resources offered by the TA to prepare for and expedite system reconfiguration. Use SED Make sure contracts are compliant with FRA schedule and FCC requirements Create and distribute lists of key licensee personnel and contacts, as well as contacts for vendors, consultants, Sprint, and the TA. Maintain an inventory of all subscriber and infrastructure equipment affected by rebanding, and verify the receipt of all loaner and replacement equipment Notify Sprint Nextel when channels in the new NPSPAC band need to be made available Have a mutual aid plan in place during reconfiguration. Notify the TA of unresolved issues that affects the implementation schedule.

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 10 Regional Implementation Planning Licensees should be prepared to discuss all issues associated with reconfiguration of their systems Do whatever activities are possible while implementation planning is under way If a licensee has an executed FRA and does not require interoperability can reconfigure Multiple licensees that propose to reconfigure as a coordinated group may present a single timeline and plan (even if they have separate FRAs). For licensees in mediation with Sprint Nextel, discussions at regional planning sessions will not be treated as part of the official mediation record

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 11 Wave 4 Border Area During this extended period, Wave 4 border area licensees are not required to engage in planning or negotiation prior to receipt of frequency designations from the TA. Licensees should engage in such activities to the extent that they are not frequency-dependent and would not result in unnecessary duplication of costs. If licensees choose to engage in such activities, Sprint shall pay licensees’ reasonable costs in accordance with the requirements of the Commission’s orders in this proceeding.

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 12 Public Safety Licensee Requests for Extension of 36-Month Deadline FCC discourages public safety licensees from filing extension requests at this time Requests for extension will be subject to a high level of scrutiny Sprint Nextel is required to pay expenses that are incurred after June 26, 2008 FCC directed TA to approve FRAs that will have costs incurred after June 26, 2008

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 13 Key Dates

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 14 Discussed use of STAs for interim use During the freeze and post-freeze period, they will accept requests for STAs on pre-rebanding frequencies The Regional Planning Committee must concur and the frequencies must be consistent with the Regional Plan No permanent licenses will be granted on the pre-rebanding frequencies Licensees must file a permanent application to operate on the new frequencies when they become available for licensing –When will that be? FCC 12/20/06 Public Notice

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 15 STA Requirements STA applications must contain complete details about the proposed operation and the circumstances that fully justify and necessitate the grant of STA A successful application would clearly articulate why the facilities requested must be implemented before the end of band reconfiguration Applications will be closely scrutinized as the date for completion of reconfiguration approaches

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 16 Who Pays to Reband? Sprint Nextel is not required to pay for relocation of facilities authorized by STA on pre-rebanding frequencies after the freeze has ended, Licensee can file a waiver requesting that Sprint Nextel be responsible for payment of relocation costs Licensee must demonstrate that: –The need for the facility could not reasonably have been anticipated before the end of the mandatory negotiation period; and –Safety considerations dictate that the modified facilities must be activated before band reconfiguration is completed in the relevant NPSPAC region. Reopened negotiations with Sprint should not commence until a waiver has been granted.

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 17 Avoiding Licensing Pitfalls Coordinate implementation on NPSPAC channels with reconfiguration timeframe Work with Regional Planning Committees and get concurrence Contact Sprint Nextel regarding their use of “new” NPSPAC channels If using STA, make sure you have back-up documentation

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 18 Canadian Border Proposals FCC Released a FNPRM seeking comment on Canadian Band Plan proposals –Comments due December 3 –Replies due December 18 Seeks to align Canadian border allocations as closely as possible to nationwide allocations

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 19 Overall Proposals Move non-PS incumbents in the lowest part of the US allocation to frequencies higher in the band NPSPAC systems will relocate from the top of the band to the lowest portion Frequencies vacated by Sprint Nextel will be available to PS for the first 3 years Mutual aid channels will match the mutual aid channels in the non-border NPSPAC band plan –Additional frequencies in the band established for mutual aid btw US & Canada will be maintained –No ESMR operations on those frequencies in border regions Cut off between Regions 2 & 3 will be the PA/OH border –Ohio no longer part of 3 Canadian border regions Cellular/non-cellular operations in the upper part of the band will be separated as much as possible –Some interleaving may be necessary –Comment sought on extent of interleaving and what technical rules needed to mitigate potential interference

NPSTC is a federation of organizations whose mission is to improve public safety communications and interoperability through collaborative leadership. 20 Overall Proposals cont. Existing non-NPSPAC PS systems will stay in the lowest part of the US allocation –Some may have to move to accommodate relocating NPSPAC systems –Means interleaving of non-NPSPAC systems operating on 25 kHz spaced channels and NPSPAC systems operations on 12.5 kHz spaced channels Both NPSPAC and non-NPSPAC can operate at 25 kHz bandwidth NPSPAC subject to tighter emission masks FCC asks –Are special technical rules needed to mitigate potential interference between the two? –Should non-NPSPAC licensees be permitted to operate on NPSPAC channels if they meet the emission mask requirements?