Genachowski Gets Quick Vote Approving 700 MHz Waivers
The FCC approved petitions by 21 cities, counties and states seeking waivers to move forward with statewide and regional interoperable wireless broadband networks using 700 MHz spectrum already assigned to public safety. Chairman Julius Genachowski had sought a quick vote on the order so public safety agencies have a chance for NTIA broadband stimulus grants, sources said. The order is noteworthy marks the first time that the FCC has imposed a technology standard, requiring that the systems use LTE. The order wasn’t a surprise: Public Safety Bureau Chief Jamie Barnett indicated in February that action on the waivers was coming.
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"Today’s action brings America significantly closer to creating a nationwide public safety broadband network that will enable first responders to quickly communicate and share critical, time-sensitive information with each other during emergencies,” Genachowski said. “We stand ready to assist public safety in their efforts to maximize the federal resources available to them to deploy these mobile broadband networks across the nation."
The order said the FCC got conflicting advice on whether to act on the waivers ahead of a proposed national network for first responders in the 700 MHz band. “Several public safety commenters urged the Commission to act expeditiously, citing the pressing need for access to broadband communications to facilitate life-saving,” the order said. “Others, however, urge the Commission to defer action on the Petitions, citing concerns about the ability to integrate any early deployments into a later network, harming interoperability.”
The FCC decided that by “providing a framework for Petitioners to move towards initial deployment in the same time frame, subject to the conditions in this order, we enable public safety to become engaged in the broader 4G development process to ensure that the process addresses public safety as well as commercial needs.” The commission disagrees with arguments that action on the larger rulemaking must come first, the order said. “Rather, by including carefully tailored conditions here, we mitigate any possible concern regarding ‘prejudgment.'” Early deployments will also help the FCC identify “what additional issues may arise for public safety in connection with the larger goal of establishing a nationwide interoperable broadband network."
The FCC sought comment on whether to require use of LTE, the order noted. The proposal received broad support, the commission said. “For these waiver deployments, the most expeditious and reasonable method of ensuring consistency and interoperability at this early stage is to require the use of LTE, and specifically the use of at least 3GPP Standard,” the order said. “We do not impose a technical standard in the present case lightly. However, we find it necessary to establish this condition for these early 700 MHz public safety networks to provide a clear path for initial deployment and evolution, ensuring interoperability and roaming among these systems in light of the characteristics of the band at this point in time.”
The agency is also requiring public safety agencies to submit an “interoperability showing” to the new Emergency Response Interoperability Center “to ensure that planned deployments are consistent with the Commission’s interoperability goals and in recognition that the minimum requirements imposed herein may not guarantee interoperability."
WiMAX advocate Sprint Nextel called the LTE requirement acceptable. “The specific requirements to use LTE as an air interface for these networks are restricted to a portion of the 700 MHz band and are appropriate, given unique requirements of the band and existing users,” Sprint said. “As the first and only national wireless carrier to deploy 4G, Sprint believes there is enough room in the marketplace for WiMAX and LTE to co-exist as they both offer high speed and high capacity at lower costs."
Applicants filed waiver requests as early as December 2008, for the city of Boston, and as late as Monday in the case of Alabama. Other applicants include San Francisco, Oakland and San Jose, Calif.; New Jersey; New York City; San Antonio; Charlotte, N.C.; Washington, D.C.; New York state, the Los Angeles Regional Interoperable Communications System and Hawaii. Five applications were filed this year.
An FCC spokesman said there have been a few other cases where the agency has required use of a standard, though not on the same level as the LTE mandate. In the 700 MHz narrowband, the commission required all public safety licensees to use P25 on the interoperability channels, the spokesman said. In the 1980s, the FCC required a mandatory analog standard for cellular, “when cellular was just getting out of the blocks and was a nascent technology,” he said.