Congress and Law: Public Safety Communications and Spectrum

Congress and Law: Public Safety Communications and Spectrum ...
Friday, November 20, 2009
that of the adjacent Public Safety Broadband License (PSBL). Choices will be made in the management of these spectrum licenses that could have a defining, long-lasting impact on the advancement of public safety communications. ...

…Many of the proposals before the FCC would combine the public safety and D Block licenses into
a single, 20 MHz block. The three administrative models that correspond to the most discussed
proposals for this spectrum assignment are
• Private sector. One or more commercial license holders control both the D Block
and the PSBL, with or without a requirement to accommodate public safety
needs.
• Public Sector. Public safety entities hold both licenses, with specific rights
assigned to different groups. Some proposals would eliminate the PSBL but all
proposals would increase the role of regional, state, and local emergency
communications managers and frequency coordinators. Commercial partners
might be included in the mix.
• Public-Private Partnership. The PBSL and one or more commercial licenses are
assigned rights and responsibilities by the FCC and agree to cooperate on
network and spectrum sharing.

With appropriate governance, the choice among alternatives for ownership of the licenses is a
policy decision more than a business decision. A commercial owner or owners would be more
likely to follow FCC policies for spectral efficiency and consumer service; public safety
ownership might be guided by local, state, or federal policies, including the National Emergency
Communications Plan. Dual ownership, the third alternative, could balance the two policies, or
could lead to disequilibrium and a failed partnership. Concerns about how the FCC would
maintain an equitable partnership through its regulatory authority was one of the uncertainties
that may have contributed to the failed auction of the D Block. …