Rockefeller ‘Passionate’ About D-Block Reallocation to Public Safety

Rockefeller doubted that rural areas would be served if public safety had to share capacity on commercial networks, rather than get the D-block directly. Telcos “are not kind to rural areas because it is not in the shareholders’ interest to be kind to rural areas,” he said. The commercial sector won’t put up towers in areas they don’t think will give them a return on investment, he said. “The shareholders don’t require that. The public does require that, which is why the extra 10 MHz is important and the paying arrangements are important” for buildout and operation. T-Mobile and Sprint Nextel oppose D-block reallocation because they want to buy it, Rockefeller said. “Of course they're against it."

"Interoperability costs money, and we believe that the single greatest challenge … is funding, to both cover network deployment and operating cost,” Barnett said in opening testimony. Delay in funding will increase the network’s cost, he said. The spectrum public safety already has is enough for day-to-day use and “most emergencies,” he said. “We have determined that this spectrum, with the latest engineering and with good cellular architecture, will perform as 160 MHz would if you used the out-dated technology public safety is currently forced to use.” In disasters, public safety would have priority access to as much as 60 MHz from commercial networks, he said. “This concept has the additional advantage of providing two or more back-up networks, and therefore much more resiliency and redundancy than we currently have."

Rockefeller called his bill a “fair” approach, but said he would work with those who disagree. He said he won’t relent on giving public safety additional, adjacent spectrum to its existing allocation. While still supporting a D-block auction, the FCC seemed more neutral than before, Rockefeller said. “I read neutrality at least in you, and I think that’s really good,” Rockefeller said. A markup on the bill probably won’t happen this year, but “we may try it,” he said: Passage is unlikely because “one half of the Congress doesn’t want anything to happen."

The House and the legislative calendar remain hurdles to the Rockefeller bill, public safety officials acknowledged later at a news conference in front of the Capitol. “We understand the limitations of the Congressional calendar with just a few legislative days remaining,” but “will be pushing forward to make sure that we get our issues heard in the current cycle or if a lame duck comes around,” said APCO Executive Director George Rice. “We will push forward until this is done.” Public safety must also convince House Commerce Committee Chairman Henry Waxman, D-Calif., who has draft legislation to auction the D-block. Rockefeller’s staff is “engaging” Waxman’s office “to try and figure this out and try to come to some common goal,” said Charles Dowd, a deputy chief of the New York City Police Department.

Hutchison told the hearing she'd support the Rockefeller bill if she gets satisfactory answers on how to fund the network. “If we turn this over to public safety, which I want to do, there is a huge issue of how to pay for it.” Hutchison also asked what challenges would arise if the government went the auction route, and if there would be any advantages since the systems are already in place. She also asked what new capabilities public safety could take advantage of if it had the D-block.

Sen. Mark Warner, D-Va., said he worried there won’t be enough money to fund the network under Rockefeller’s approach. He urged public safety and Rockefeller to think hard about finding alternative funding sources and how to migrate more spectrum into broadband. Using commercial networks could help keep public safety technology more up to date and lower costs, Warner said. Done appropriately, a mechanism on commercial networks to prioritize public safety communications could be effective without breaking the network, he said.

Public safety’s existing 10 MHz allocation is enough, said Ken Zdunek, chief technology officer for Roberson & Associates, a T-Mobile consultant. In disasters, sharing commercial spectrum would provide more coverage and capacity than public safety systems alone, he said. And public safety could convert existing narrowband spectrum into broadband in the future if it needs more, he said. Major Cities Chiefs Association President Rob Davis said telcos’ business models “would not allow” public safety access to their networks “when we need it.” Public safety preemption on a commercial network won’t help if the network is down, said CEO Jeffrey Johnson of the Western Fire Chiefs. Public safety’s presence on the network could prevent “meaningful calls” from disaster victims, he said.

Johnson cited two areas needing revision in the Rockefeller bill. The bill would have the FCC issue state licenses, which Johnson said that would “hamper operability.” A provision envisioning flexible use of narrowband spectrum could lead to interference and reduced capacity, he said. Meanwhile, the U.S. Conference of Mayors seeks a revision so grant money can go directly to local governments and agencies, said Houston Mayor Annise Parker. The bill currently envisions funding to states. But local agencies are responsible for the buildout, operation and maintenance of broadband networks, Parker said.