L.R. Kimball

HR 3630 Requires Giveback of T-Band (470 - 512 MHz) Licenses by Public Safety Users

Much of the attention on HR3630 from the Public Safety community in recent weeks has been focused on the funding and governance provisions for a nationwide broadband network, assignment of the “D Block” to Public Safety, and on the NG9-1-1 provisions previously summarized here. One potentially negative aspect of the legislation however is the mandated “give-back” of T-Band spectrum. T-Band refers to the 470 - 512 MHz frequency band, is shared with the television broadcasters (hence the T-Band designation) and was made available on a shared use basis by the FCC for LMR systems such as public safety in 13 major metropolitan areas of the country.

Section 6103 of the legislation requires giveback of UHF T-Band spectrum by Public Safety licensees. The language in the legislation indicates the spectrum must be reallocated no later than 9 years after enactment of the legislation, with relocation of users to be completed 2 years after the spectrum is competitively bid. The expectation is that this spectrum will be reallocated and auctioned to commercial use (likely used for TV broadcast). Proceeds from this future auction are to be used to cover the costs to relocate affected Public Safety licensees, with the remainder going to the U.S. Treasury.

The legislation does not provide any language regarding potential spectrum for relocating existing public safety LMR systems, nor does it identify any funding for pursuing spectrum or migration plans other than the reference indicating proceeds from the future auction are to be used to cover the relocation costs.

The language regarding the T-Band “giveback” in HR 3630 is fairly brief and does not spell out the specifics or detailed rules on how it will happen. We expect the FCC will now take the language and develop the detailed rules or processes needed to effect the legislation. Generally the first step in that process is a release of a Notice of Proposed Rulemaking (NPRM) indicating the FCC’s planned rules and approach, as well as providing an opportunity for comment and inputs.

In the meantime, L.R. Kimball echoes the comments that other industry leaders are advocating…i.e. “don’t panic.” First, a lot can happen over the course of nine years, and there is some speculation that things could change on the mandate. However, at the moment, we do need to take the legislation at face value and do recommend that clients currently using T-Band spectrum begin assessing their specific situation and investigating potential replacement spectrum. Even though the legislation indicates that costs for moving off T-Band are to be covered by the auction proceeds, those funds are somewhat meaningless if there’s no available suitable spectrum to move to.

To clarify, we are recommending that in the near term, clients begin investigation of potential available spectrum, and exploration of the applicable ideas presented, but not necessarily begin actively spending a large amount of funding on a new system. Although the legislation indicates the costs to move these systems is to be covered by the auction proceeds, the details of the process for getting funding, what items will be eligible, etc. are not yet defined. It’s expected the FCC will develop this guidance, a process that might take a year or more to be finalized.

In the meantime, make your politicians and decision makers aware of the likelihood of replacing your existing T-Band system, and potential that some local capital costs may be incurred in the process.

L.R. Kimball is actively monitoring the activity on the T-Band givebacks, and will continue to inform our clients as further information is released, and as the opportunities are presented to submit comments and inputs to the FCC or other bodies.

We have prepared a more detailed briefing, with recommendations and ideas for impacted jurisdictions to consider. Click here to download our white paper, “Key Elements of HR 3630 Impacting Public Safety: T-Band (470 - 512 MHz) Giveback.”

911 Funding Available to Bridge the Rural Telecommunications Divide

A new 911 funding source was recently adopted that could help to spur NG9-1-1 activity in rural areas where funding is sparse and business cases are hard to build. Congress authorized the United States Department of Agriculture (USDA) Rural Utilities Service (RUS) to expand or improve 911 access and integrated emergency communications systems in rural areas in the Food, Conservation, and Energy Act of 2008, but the agency never promulgated rules to implement that authorization, until now. Recently, the RUS adopted an interim rule released in September. The final rule, effective as of March 16, expands the RUS’s existing Telecommunications Loan Program to include loans to rural areas for:

• 911 Access
• Integrated interoperable emergency communications, including multi-use networks that provide commercial or transportation information services in addition to emergency communications services
• Homeland security communications
• Transportation safety communications
• Location technologies used outside of urbanized area

The Telecommunications Loan Program is not competitive and applications are accepted year round. RUS will consider State or Local 911 fees as security if they are pledged to the repayment of a loan.

Eligible Entities

1	Rural utilities; municipalities; commercial corporations; limited liability companies; public utility districts; and cooperative, nonprofit, limited-dividend, or mutual associations
2	State or local governments
3	Indian tribes
4	Emergency communications equipment providers that offer adequate security for a loan where the State or local government that has jurisdiction over the proposed project is prohibited from acquiring debt

The loan program is only available to expand access in rural areas. For the purpose of the loan program, a rural area is any area which is not located within a city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or an urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants. When making credit decisions, the RUS will consider the extent to which the emergency communications capability or emergency communications benefits already exist in the affected area and the need expressed by the proposed user of the emergency communications technology. A carrier’s competitive situation will be considered in evaluating whether a provider can repay its loan.

USDA is committed to helping rural communities obtain high-quality broadband service that can be used by emergency responders. The new eligibility criteria allows the USDA to leverage public and private resources to speed the rural deployment of dual-use public safety/commercial wireless networks, finance 911 capabilities for carriers and communities and also address homeland security communications needs.

Next Generation 9-1-1 & Cyber Security -- A Year Later

L.R. Kimball recently conducted a second survey on cyber security issues to gain an understanding of how the awareness, attitudes and issues regarding cyber security have changed in the last year. Here are some of the survey highlights:

• 65% of respondents are aware of NENA’s new cyber security standards indicating that while awareness has increased to a decent sized majority, there are still a significant number of folks who are simply not aware of these standards from NENA.
• Overall awareness and recognition of the importance of cyber security in a NG9-1-1 environment continues to be very high at around 71%.
• Approximately 57% of respondents suggested that cyber security is a high priority, while 16% indicated that this is their #1 priority. This is increase of about 3% of each measurement from the preceding survey.
• Respondents believe their IT department is responsible for the security of their organization. While it is true that the IT department is responsible for executing the efforts related to cyber security, it is the management of the call center who is ultimately responsible for the entire center – including cyber security.
• The number of respondents who believe the public is concerned about the security of public safety systems has dramatically risen to 61%. We believe this to be a result of the many high profile attacks that have been highly publicized, including those on public safety systems.
• 50% of respondents (an increase of nearly 40%) have started the planning and budgeting process. The compelling urgency of protecting against cyber attacks appears to be growing.

In an effort to understand where respondents were on the migration continuum for NG9-1-1, we asked questions related to what stage of the process folks were in. L.R. Kimball’s new survey showed that 28% of those surveyed are implementing NG9-1-1. This is a 6% change from our previous survey indicating that the transition to NG9-1-1 continues to occur. Approximately 57% indicated they were still in the planning phases for NG9-1-1.

It is here, during the NG9-1-1 planning stages, that L.R. Kimball believes the journey to effective cyber security begins.

1. Organizations can start the planning and compliance process with a security assessment which will provide a formal and accurate picture of what they have in place.
2. Following the security assessment, an organization should then create a Security Plan which documents its intentions to execute due diligence and defines how it intends to secure its NG9-1-1 system.
3. The Security Plan ultimately leads into the next set of steps necessary to secure a call center: implementing safeguards (e.g. antivirus software, firewalls, policies, etc) and then monitoring and maintaining what's been put in place.

Funding was noted by respondents to our survey as an important issue. 60% felt that lack of budget/funding was a moderate to significant problem. In fact, of all of the potential obstacles to success, funding was the only one that was denoted as a real problem. This is a difference from the previous survey where lack of standards, leadership, and other priorities were identified as obstacles.

What can we do about it? L.R. Kimball believes this is an opportunity for Congress to act -- by providing funding via a grant program specifically targeted at securing public safety agencies. Public safety systems are part of our nation’s critical infrastructure. Funding improvements in their security will bolster its ability to withstand attacks while potentially creating jobs (e.g. the new role of security administrator for public safety agencies).

The nation is currently undergoing one of the most important transformations of its public safety infrastructure as it evolves its legacy 9-1-1 system to NG9-1-1. In this new interconnected, IP-enabled world, the need for cyber security has never been more critical. We know that, the industry knows it, and so do the hackers. Now what?

Click here to download our white paper, "Next Generation 9-1-1 & Cyber Security -- A Year Later."

NG9-1-1 Public Education at NENA Development Conference in Orlando Florida

The National Emergency Number Association (NENA) Public Education & Training Committee held two breakout sessions on NG9-1-1 Public Education during the NENA Development Conference in Orlando Florida on February 5-8, 2012. The sessions focused on developing a 9-1-1 public education program on NG9-1-1 in order to identify current resources available as well as establish priorities for NG9-1-1 educational materials that can be developed by NENA and other partners.

The sessions were facilitated by Christi Eskew with the North Central Texas Council of Governments, Sonya L. Clauson with Greater Harris County 9-1-1 Emergency Network and Sherri Griffith-Powell with L.R. Kimball. The facilitators kicked off the first session by discussing NG9-1-1 and why there is a need for educational campaigns.

Several areas, including North Central Texas Council of Governments, shared examples of current programs utilized to educate public officials, at the local, regional and state levels on the importance of funding NG9-1-1. An NG9-1-1 informational booklet is available on the NENA web site and is being used by Ms. Eskew as part of her educational program.

The first session utilized input from attendees to create a list of target audiences. In addition to elected officials, one of the first groups targeted was public safety employees. It was noted that as the true first responders, they need to be educated on NG9-1-1 in order to field questions from 9-1-1 callers and the public. They also will be the audience for NG9-1-1 training as that is developed.

The second session recapped the information covered in the first session and continued with a short brainstorming session to identify some key messages for an NG9-1-1 public education campaign and to identify potential partners in that campaign. The session was much more of a working session with great participation from attendees. Several of the attendees volunteered to form a committee to continue working on the NG9-1-1 educational campaign.

If you are interested in being a part of the NG9-1-1 education and training group to help establish a recommended guide for implementing a public education plan for this critical issue, please contact Sherri Griffith-Powell at sherri.powell@lrkimball.com.