Communications Litigation Today was a service of Warren Communications News.

LACK OF FIRM DTV TRANSITION DATE SAID TO HARM SAFETY NEEDS

Absence of firm date for broadcasters to give up analog spectrum that will be used for emergency communications jeopardizes public safety planning needs, officials told Senate panel Wed. There’s immediate need to allocate more spectrum to accommodate growing demand for public safety voice and data transmissions, panelists said in Senate Commerce Communications Subcommittee post-Sept. 11 network infrastructure hearing. Although DTV transition requires transfer of spectrum for such uses, nation’s emergency entities can’t count on tentative Dec. 31, 2006, transition because of DTV penetration requirement, they said. Since broadcasters could retain analog spectrum if they failed to achieve 85% DTV penetration rate, emergency planning is weakened, officials said.

APCO Pres. Glen Nash said: “That 85% provision creates uncertainty as to when, or if, the spectrum will becomes available and makes it impossible for most state and local governments to plan, fund or construct systems using the spectrum allocated for their public safety operations.” He said Cal. govt. had need to upgrade state agency radio systems, but couldn’t develop statewide network that included L.A. or San Francisco: “Unfortunately, those are among the metropolitan areas where TV stations block use of the newly allocated public safety spectrum. Many other large public safety agencies across the country face the same dilemma.”

Steve Souder, Montgomery County (Md.) Emergency Communications Center dir., acknowledged difficulty in govt.’s setting priorities in determining how to best allocate spectrum among competing commercial and public safety interests but said it was critical that that be accomplished as soon as possible. He said ability to ensure communications among agencies would benefit from creation of such policy: “How do we develop that interoperability between state and local first responders” and federal emergency entities? he asked.

N.Y.C. is considering expansion of use of city-owned building rooftops to assist tower siting needs, said Agostino Cangemi, deputy comr. of N.Y.C. Dept. of Information Technology & Telecom. He said rooftops could be used “in the most critical areas to enhance coverage” for public safety as well as commercial wireless interests.

As for wireline communications, N.Y. is assessing viability of developing alternate infrastructure in Lower Manhattan to ensure redundancy in the city’s network connections. Cangemi said city was eyeing old underground water pipes that were “just sitting there” for conversion into “separate conduit path” for telecom purposes. He said alternate fiber loop would be deployed that would link buildings in city’s financial and commercial hub.