Order Means Manufacturers Can Start Building Devices for Use on FirstNet, FCC Officials Say

Adoption of the rule change is an “important step” toward rollout of the wireless network for first responders, said David Turetsky, chief of the Public Safety Bureau. “In particular, the commission’s adoption of this item will allow certified equipment and devices to be made available to serve the early deployments FirstNet has planned for its network in the near term and facilitate equipment availability for FirstNet more generally as it continues to plan its network deployment,” he said.

The FCC adopted technical service rules for the 10 MHz of 700 MHz spectrum licensed to FirstNet, taking technical rules in Part 27 and Part 90 for the spectrum and consolidating them into a harmonized set of Part 90 rules, FCC officials said Monday. “The rules, which include power limits and other technical parameters for operating in this spectrum band, will provide a foundation for FirstNet’s operations, help avoid harmful interference to spectrum users in adjacent bands, and expedite the availability of equipment for use on the public safety network, thereby fostering competition and innovation in the marketplace,” the FCC said in a news release (http://fcc.us/1cn3rtz).

Acting Chairwoman Mignon Clyburn noted the vote came the day before the one-year anniversary of Superstorm Sandy’s making landfall with “catastrophic” consequences for parts of the East Coast. “It is fitting that the commission is moving forward with yet another item that will help improve public safety communications,” she said. “Today’s action addresses a most pressing concern in this proceeding -- technical rules for the public safety band which provide vendors with the lead time necessary to bring equipment to the marketplace."

Commissioner Jessica Rosenworcel said the FirstNet board faces a huge challenge building a network that is “smart, cost effective, and consistent with congressional goals.” Rosenworcel said the board has already made significant progress. “It is ... important to note what these rules do not do,” she said. “Our rules are streamlined. They do not layer on unnecessary requirements or duplicate buildout obligations already in the law. That is not what Congress asked us to do. That is not what we do here. Instead, we make decisions to help FirstNet get off the ground and get down to the business of improving public safety.”

"By giving the private sector technical certainty and paving the way for the prompt certification of devices, today’s item should help the equipment market for the 700 MHz public safety band to develop and innovation to flourish,” said Commissioner Ajit Pai. “The end result hopefully will be a bevy of nationally portable, interoperable public safety broadband devices.” Pai said a critical next step is the FCC holding the auctions, starting with the H-block auction in January, to raise the money to pay for FirstNet. “That means designing the rules of the incentive auction with an eye towards maximizing the net revenues produced by that auction,” he said. “That means finding creative solutions and working collaboratively with federal users and the private sector to clear and auction prime spectrum like the 1755-1780 MHz band."

Approval of the interoperability agreement by the FCC gives added weight to a voluntary agreement reached by AT&T with smaller carriers last month on device interoperability in the lower 700 MHz band CD Sept 11 p1), industry and agency officials said. Device interoperability has been one of Clyburn’s top focuses as acting chair. Clyburn said at the end of the meeting that the agreement had been approved by electronic vote, which is why there was no public vote by commissioners. “As most people know, this was an important priority for me,” she said.

"The Order sends a clear message that the FCC is committed to ensuring all Americans, especially those in rural and hard-to-reach areas, reap the benefits of high speed mobile broadband,” said Steve Berry, president of the Competitive Carriers Association, in a written statement. “Interoperability will allow CCA members to build out nearly $2 billion worth of low band spectrum, which will help spur economic growth, create jobs and benefit consumers throughout the nation."

"A critical prerequisite to the commitments made by AT&T is FCC action to harmonize the lower 700 MHz E Block, lowering permissible power limits to eliminate the potential for harmful interference,” said AT&T Vice President Joan Marsh. “We are pleased to see the FCC moving swiftly to address these interference issues consistent with the negotiated solution. The action ... is a critical step to achieving 700 MHz interoperability that will in turn foster industry investment and deployment in the 700 MHz band to the benefit of U.S. wireless consumers."

Public Knowledge Senior Vice President Harold Feld said Clyburn deserves mush of the credit for the agreement. “Rural carriers first asked the FCC to take action on this issue in 2008,” he said (http://bit.ly/17TZgOe). “Their petition for action remained pending until then-Commissioner Clyburn made starting a rule making to address the issue a condition of her vote to approve AT&T’s acquisition of Qualcomm in December 2011. As the FCC Chair, Clyburn brought all the parties to the negotiating table to work out a comprehensive agreement implemented by today’s order."

"We applaud the FCC, under Chairwoman Clyburn’s leadership, for their extraordinary efforts in bringing the industry together to reach a consensus on interoperability, which is reflected in today’s Order,” said Dish Network Chairman Charlie Ergen. “DISH worked cooperatively with the Commission to help achieve the important benefits of interoperability and to unlock additional mobile broadband spectrum for the benefit of all Americans.”