Time for FCC to Make Call on Rail Safety Spectrum, Railroads Say
The record is clear that the FCC should act “expeditiously” to identify spectrum in the 217 MHz to 222 MHz range for positive train control (PTC), the Association of American Railroads (AAR) said in reply comments filed at the FCC (http://xrl.us/bkzwnp). Comments have been almost universally supportive of giving railroads the spectrum they need to comply with a mandate from Congress in the Rail Safety Improvement Act of 2008, AAR said. PTC systems are designed to protect trains from collisions, overspeed derailments and other threats to rail safety.
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"The majority of initial comments supported AAR’s conclusions that spectrum between 217 MHz and 222 MHz is needed for the successful implementation of positive train control and that the Commission should continue to identify spectrum suitable for PTC operations,” AAR said. “A lone commenter and its consultant objected to the use of 220 MHz spectrum for PTC, but the grounds for their unsubstantiated objections do not withstand scrutiny.” AAR said it agreed with many commenters that the “underutilized” 218-219 MHz Radio Service band, formerly known as the Interactive Video and Data Service (IVDS) band, “is an ideal candidate for reallocation,” AAR said. “AAR also agrees with Amtrak that the Commission should pursue other approaches to making 217 MHz-222 MHz spectrum available for PTC use."
Amtrak agreed the FCC should “make appropriate changes to the licensing and technical rules currently imposed on radio services operating in this band in order to facilitate PTC operations” (http://xrl.us/bkzwt5).
But the Coalition of 218-219 MHz Licensees said railroads should have to use secondary market mechanisms to get the spectrum they need for PTC (http://xrl.us/bkzwq2). “As long-time incumbent licensees holding valid licenses acquired through the Commission’s competitive bidding processes, the Coalition’s members believe that re-allocation of any portion of the 218-219 MHz band would constitute an unprecedented and unfair redistribution of spectrum,” the group said. Members of the coalition acquired the licenses in a 1994 auction, the coalition said, paying “the U.S. Treasury millions of dollars for these licenses and have invested millions more in equipment acquisition, facilities construction and system operations."
Maritime Communications and Dataworks, which hold 218-2l9 MHz licenses in the Dallas and Washington metropolitan areas, said the FCC shouldn’t play favorites as it considers future use of the band (http://xrl.us/bkzwtv). The companies said they're working with utilities, an oil and gas exploration company and a local transit company on using their licenses. “MCI and DLC suggest caution when it comes to adopting new spectrum policies and rules that may favor one industry to the detriment of another,” the filing said. “Further, no party seems to have identified any particular problem with the Commission’s existing secondary market rules that provide access to spectrum through sale or lease.”