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.
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
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
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 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
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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