TO:   APCO Executive Council Members

From:  Board of Officers and Government Affairs Office

DATE: 09/07/04

 

SUBJECT: URGENT - The 800 MHz Public Safety Interference Matter

 

Beware of "THE FIRST RESPONSE COALITION"

 

APCO members may be asked by local public safety officials to address a recent mass mailing the "First Response Coalition."   As described below, the real agenda of the First Response Coalition, or at least of its backers, is to undermine the FCC's recent 800 MHz decision, which APCO and other public safety leadership organizations strongly support. Therefore, we are providing this information to the Executive Committee for distribution as you deem appropriate among your Chapters.   The International Association of Chiefs of Police, National Sheriffs Association, and the International Association of Fire Chiefs have sent a very similar memo to their members. For further information on this issue, please contact Bob Gurss in the APCO Government Affairs Office, at 202-833-3800 or gurssr@apco911.org.

 

Background on the 800 MHz Interference Proceeding

 

The International Association of Chiefs of Police (IACP), Major Cities Chiefs Association (MCC), National Sheriffs' Association (NSA), Major County Sheriffs' Association (MCSA), Association of Public-Safety Communications Officials-International (APCO), and the International Association of Fire Chiefs (IAFC) have been working in close cooperation over the past 5 years to solve the increasing problem of radio interference in the 800 MHz public safety band.  The main cause of the interference comes from cellular type carriers such as Nextel that operate in the 800 MHz band.

 

These public safety organizations, in cooperation with Nextel and private license holders in the 800 MHz band, developed a solution for the problem that is referred to as the Consensus Plan.  It is clear to those of us deeply involved in finding a solution for the problem that the main proposals set forth in the Consensus Plan are the only practical way to solve the problem.

 

On July 8, 2004, after a very contentious 2-year national debate and intense lobbying against the Consensus Plan, primarily by the Cellular Telecommunications & Internet Association (CTIA) and competitors of Nextel such as Verizon Wireless and Cingular Wireless, the Federal Communications Commission (FCC) voted to adopt the Consensus Plan (with some modifications) that we developed and supported.

 

The two main benefits to public safety of the FCC decision are as follows:

 

   1.    Adopts a new 800 MHz band plan that addresses the root cause of the interference problem by separating generally incompatible technologies, with the costs of relocating 800 MHz incumbents (including public safety) to be paid by Nextel.  Importantly, the FCC imposed no cap on Nextel's obligation to retune public safety licensees to carry out the realignment plan and eliminate this dangerous interference.

 

   2.    Results in an additional 4.5 MHz of 800 MHz band spectrum, the equivalent of 90 additional two-way channels, becoming available to public safety and critical infrastructure users.

 

To accomplish this, the FCC will require Nextel to give up rights to certain of its licenses in the 800 MHz band and all of its licenses in the 700 MHz band.  In exchange, the FCC will modify Nextel's licenses to provide the right to operate on two five-MHz blocks in a different part of the spectrum at 1.9 GHz.  The FCC has determined that the overall value of the 1.9 GHz spectrum that Nextel will get is $4.8 billion, and Nextel will have to spend at least this amount to complete 800 MHz realignment or pay the difference to the U.S. Treasury.  This is a tremendous cost to Nextel and clearly the FCC has not given away spectrum.  The FCC's decision assures that public safety licenses incur no cost, that interference is fixed and that public safety gets additional 800 MHz spectrum.

 

Most of the opponents of the Consensus such as the CTIA and Cingular have now indicated they will not oppose the FCC Order and will support the public safety solution; however, Verizon Wireless has indicated, it will likely, bring a legal challenge to the FCC Order in an attempt to keep Nextel from gaining the 1.9 GHz spectrum that is central to the solution.  However, Nextel has previously indicated that it will proceed with the re-banding and notwithstanding pending litigation.

 

In addition to Verizon Wireless, the only other noticeable opposition to the FCC Order comes from an organization recently formed and known as The First Response Coalition.  During the month of August 2004, the First Response Coalition has sent out letters, e-mails, and faxes to people nationwide, including police and fire organizations, urging them to take action that would prevent the FCC Order from being implemented.

 

The First Response Coalition

 

The First Response Coalition is comprised of an unusual mix of people and organizations that have not involved themselves, over the past 5 years, in our attempts to solve the 800 MHz Public Safety Interference problem.  In addition, the First Response Coalition clearly exhibits no understanding of the risk and danger this interference brings to first responders, nor does it offer a reasonable solution to the problem.  It is currently comprised of a list showing 13 individuals in the fire service and 6 organizations as "concerned groups": the Gray Panthers, American Legislative Exchange Council, National Black Police Association, National Black Chamber of Commerce, American Corn Growers Association, and the California Seniors Coalition.

 

The First Response Coalition mixes solving the 800 MHz interference problem with interoperability issues in a way that makes it very clear they are really only restating the Verizon Wireless position.  Verizon's position has been to advocate that Congress direct that the 1.9 GHz spectrum be sold at auction and the money used to help public safety. That of course sounds great but a closer look reveals that it is not.

 

Verizon purposely neglects to say that this is a Presidential election year and since Congress is hopelessly deadlocked on many items, it is highly unlikely this issue would be considered at all, resulting in even more delay while first responders remain in jeopardy when their radiosdon't work.  More importantly even if Congress did take such action, the money gained from an auction must go to the public treasury and no monies could be used to solve the 800 MHz interference problem.  Even if the 1.9 GHz spectrum were auctioned, the money received would likely be bused up just solving the interference problem; it would be a "drop in the bucket" toward achieving public safety interoperability.  Finally the FCC's decision provides the essential resources necessary to achieve interoperability - more 800 MHz channels.  The First Response Coalition ignores this fact and offers no spectrum for solving the interoperability problem.

 

Action Requested

 

We urge you to not support the First Response Coalition and to continue to strongly support the FCC Order, the solution that is endorsed by public safety experts and organizations that you know and can trust.

 

 

 

 

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