Spectrum Policy: Public Safety and Wireless Communications Interference

Publication Date: June 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Media, telecommunications, and information; Social conditions

Type:

Abstract:

Legislation has been introduced, and other legislation may be under consideration, for the 108th Congress regarding possible actions by the Federal Communications Commission (FCC) to relocate some public safety wireless users to new frequencies. There have been an increasing number of reported incidents of transmission interference with public safety communications, leading the FCC to consider proposals to mitigate certain types of interference. The interference usually takes the form of dropped calls or dead spaces with radio transmissions - primarily to or from first responders - in certain frequencies. Many of the impacted public safety frequency assignments are placed close to commercial frequencies. The predominate user of the frequencies that are interleaved with public safety radio operations is the wireless company Nextel Communications, Inc. The majority of documented incidents of interference have been attributed to Nextel's network.

The FCC is considering, as its solution to the problem indicated above, a plan based on a proposal from Nextel, first proffered in the form of a White Paper published in November 2001. The objective of the FCC's plan is to reassign frequencies in what is referred to as the 800 MHz band so that public safety users would be grouped together and interference reduced or eliminated. To achieve this, Nextel would vacate frequencies for reallocation to public safety and, in turn, frequencies vacated by public safety and others would be reassigned to Nextel. Nextel would be required by the FCC to pay an undetermined amount (Nextel has most recently suggested a cap of $850 million) to move public safety users to new assignments. To compensate Nextel for the loss of certain spectrum and for paying some of the costs of rebanding (the process of relocating to other frequencies), the FCC would provide new spectrum to Nextel. Controversy over Nextel's and other proposals has escalated to the point that the two major opposing viewpoints are documented through special websites. These are [http://www.consenusplan.org], for Nextel; and [http://www.Fix800Mhznow.com], prepared by the Cellular Telecommunications and Internet Association.

There are a number of policy questions that this plan raises for Congress. There are ongoing, unresolved debates about whether rebanding is necessary to eliminate interference, whether public safety users affected by rebanding will be fully compensated for the cost of relocating as part of a rebanding plan, and whether it is appropriate for the FCC to assign new spectrum for the use of a commercial entity without recourse to the auction process, which provides funds to federal general revenue. Other issues concerning spectrum policy have also been raised regarding the FCC's proposed plan. H.R. 4715 (Representative Nussle) addresses one of these issues - bypassing the auction process - with a proposed amendment to the Communications Act of 1934 [47 U.S.C. 309 (j) (1).]