UTC Washington Watch for Municipal Utilities UTC Legal/Regulatory Department Jill M. Lyon Brett Kilbourne Prudence Parks A PRESENTATION TO THE APPA LEGAL SEMINAR November 8, 2004

Areas of Concentration Spectrum Issues Infrastructure Issues Homeland Security Issues

Spectrum Issues PPD Spectrum Issues Section –Rusty Williams, Southern Co, Chair 800 MHz Proceeding Nextel 900 MHz Applications Narrowbanding MHz ITA request to coordinate CI frequencies Interference Temperature Secondary Markets Decision/4.9 GHz 2.1 GHz Microwave relocation

800 MHz Proceeding – Status Report & Order adopted 7/8; text released 8/6 Federal Register publication not expected until end October; eff. dates for new rules 1/05? Meanwhile, Comptroller General investigating challenge to FCC action Litigation also possible

Major Points in Decision NPSPAC systems MHz will move to General Category ( MHz) Current Gen. Cat. Licensees will have to retune into MHz vacated Nextel spectrum Process to be overseen by independent Transition Administrator PS, then PS/CI, get preference for remaining vacated spectrum Nextel to get 1.9 GHz spectrum, pay ALL costs of retuning plus difference up to $4.8 billion

800 MHz – CI Wins No nationwide freeze! Included in preference for remaining spectrum last two years of five-year period Rules to establish cause, responsibility for resolving, unacceptable interference Cannot be moved into MHz guard band Entitled to notification by carriers of system changes affecting PLMR systems Full funding of rebanding

“Cellular” definition Architecture not permitted below 861 MHz w/o waiver, but must have: –More than 5 overlapping, interactive sites w/handoff capability; –Antenna heights of less than 100 ft. above ground on HAATs of less than 500 ft; AND –More than 20 paired frequencies. Higher threshold than proposed, but still a problem? UTC likely to include issue in Petition for Reconsideration

Nextel 900 MHz Applications Since 8/1, >500 apps filed for all remaining MHz Business pool freqs in country (approx. 30,000 pairs) Purpose stated as “private, internal” -- ? Commercial not eligible UTC notice provides data, recommends checks against member systems FCC imposes freeze UTC and others seek to lift freeze

“Narrowbanding” Order (Balanced Budget Act proceeding) FCC Grants UTC/API Request for Stay of Rules prohibiting –new applications for 25 kHz –modifications extending the contour Other deadlines are still effective. –2005 – no certification of 25 kHz equipment – no importation, manufacture of 25 kHz equipment –Existing non-PS licensees must migrate to 12.5 kHz channels by 1/1/2013 –Existing PS licensees must migrate to 12.5 kHz channels by 1/1/2018

Narrowbanding – outlook API/UTC Petition for Recon. requests delay in modification deadline to 2006 Several petitioners request no interim deadlines, only final migration date PS requests acceleration of its deadline to 2013 AMTA/ITA/PCIA request final date 2008 FCC may move up deadline (2010?), eliminate interim dates – decision “in 2004” FNPR asks about 6.25 kHz – UTC/LMCC opposes as premature, contrary to developing technology

ITA Coordination Petition ITA “informal request” to coordinate MHz former power, railroad, auto emergency channels w/o UTC, AAR or AAA concurrence UTC, AAA, AAR, even API contesting; comments overwhelmingly oppose petition FCC meetings – some understanding of CI concerns, but no immediate action Discussions with new ITA leadership may lead to revised inter-service procedures, withdrawal of petition

Interference Temperature NOI and NPR, comments and reply comments filed Spring ‘04 UTC Task Force (Bill Anderson, chair) worked on answering technical issues, identifying CI presence in 6 GHz band NOI Issues: –Interference Metric/Management –Implementation –Noise Floor Measurements –“Harmful interference”

Interference Temperature NPR Issues focus on testing concept in MHz / / GHz bands Comments overwhelmingly note impracticality of concept – no technology, no means of implementation FCC under pressure to implement IT, but do not expect any action in the near term

Secondary Markets/4.9 GHz New FCC decision broadens ability of licensees to lease spectrum –Overnight approval with certifications Services expanded, including Public Safety, when leasing to entity “operating in support of PS” (CI)

Secondary Markets/4.9 GHz MHz spectrum allocated “in support of PS” Ideal use for hot-spot file transfer, emergency scene use R&O encourages cooperation, sharing between PS and CI, but little inclusion of CI in planning No direct licensing eligibility – use of secondary mkts authority?

Microwave Relocation -- Overview FCC Reallocates MHz, MHz, and MHz bands for advanced wireless (3G) –Recent NPR seeks service rules Further NPRM on MHz band for 3G or Nextel Relocation FCC issues R&O on relocation of FS in MHz

Microwave Relocation FCC Issues New Rules for MSS in MHz band. –One year mandatory negotiation period began 1/7/04. –No reimbursement for self-relocation –No requirement to relocate both paths at the same time ( MHz) UTC/API Petition for reconsideration/clarification –Clarify that 2-year mandatory negotiation period applies in MHz band, commencing upon PN after AWS auction –restore 2-year negotiation period in MHz, commencing upon FR publication of R&O –require MSS (first likely licensees) to relocate both paths at once.

Infrastructure Issues PPD Infrastructure Issues Section –Jeremy Euto, Nat’l Grid, Chair IP Enabled Services NPRM CALEA NPRM

IP-Enabled Services NPRM Extends beyond “computer to computer” services to include all use of IP for voice –Implications for Bell usage of IP to avoid regulated charges –Implications for UTC members with private PBX’s – larger co’s linking UTC files comments encouraging deregulation of competitive IP services, and opposes any regulation of private systems that use VoIP. Draft order circulating at FCC would look at specific services rather than VoIP in general.

Communications Assistance for Law Enforcement Act (CALEA) CALEA requires carriers to facilitate taps and traces of calls DOJ asks FCC to expand CALEA to apply to packet-switched communications UPLC opposes petition and asks FCC to forbear from imposing CALEA requirements on BPL New FCC NPRM proposes to require broadband (including BPL) & VoIP providers to comply and would deny reimbursement from DOJ for cost of network upgrades. Comments/replies due Nov. 8 and Dec. 7.

Homeland Security Meetings, contacts have led to much higher degree of visibility Resource limitation requires slow progress Focus on Public Safety means CI must battle for attention However, CI protection is vital issue

Homeland Security Issues Inclusion of CI in HS discussions –NTIA spectrum initiative report encourages non-federal sharing –Inclusion in SCADA security: Congressional hearings, DHS program Cyber security legislation possible; participation by UTC members encouraged to influence policymakers Focus on link between CI protection and telecom systems

CI Spectrum Allocation Stressed to meet needs for interoperability, reliability –700 MHz possible home, adjacent to PS With PS and HS users Harder sell with budget deficit, pressure for allocation to wireless broadband UTC seeks Cong. support through member letters –UTC emergency network proposal offers availability to PS, fed users as needed –Emphasize need for HS/PS discussion to include municipal utilities! NTIA sharing is another option UTC Tech Div. Next Generation Wireless RFP could serve as platform to propel discussions

Two Key Issues Reliability – final blackout report urges more NERC authority, mandated stds – will involve telecom –Energy Bill will have to be re-introduced next session, but action likely –Part of UTC role to explain to FCC that its regulation must reflect requirements for CI from other sources Re-opening of Telecom Act –Will be multi-year effort; most of focus on commercial services, technology –CICC developing “manifesto” for CI, but will need Congressional champions

Questions? – for more information, contact: Jill M. Lyon, Brett Kilbourne, Thank You!