Automated Frequency Coordination

APCO International

351 N, Williamson Blvd

Daytona Beach, FL 32114

386-322-2500

www.apcoafc.org

December 3, 2003

FCC Announces Stay of Narrowband Deadline

On December 3, 2003, the FCC issued an Order indicating they would grant a stay effectively delaying the implementation of the Narrowband Ruling implementation date of January 13, 2004 pending resolution of the petitions for reconsideration of the Second Report and Order.

Background: The FCC notice for migrating systems from wideband to narrowband operations was released on February 25, 2003 in the Second Report and Order and Second Further Notice of Proposed Rule Making under Docket 99-87. The FCC Rulemaking established January 13, 2004 as the deadline the FCC would no longer accept applications for new wide band license applications or modifications of existing wideband licenses that expand service area coverage beyond the existing coverage.

On August 29, 2003, the Association of Public-Safety Communications Officials-International, Inc., the International Association of Fire Chiefs, Inc., the International Municipal Signal Association, the International Association of Chiefs of Police, the Major Cities Chiefs Association, the National Sheriffs’ Association, the Major County Sheriffs’ Association, and the National Public Safety Telecommunications Council (collectively, Public Safety Petitioners) filed a petition to “stay” the implementation date pursuant to fully addressing several comments filed in the original rulemaking.

Other respondents requesting a stay included: IPMobileNet, Inc. (IPMobileNet) on August 11, 2003; the American Association of Railroads (AAR) on August 18, 2003; the American Petroleum Institute and the United Telecom Council (API/UTC) on August 18, 2003; and on November 20, 2003, the Private Wireless Mining Coalition (PWMC) requested that the Commission take immediate action on the AAR and Public Safety Petitioners petitions.

The decision specifically indicated the FCC will stay the January 13, 2004 deadline for filing applications for new wideband systems or expansions of existing wideband systems in Section 90.209(b)(6) of the Commission’s Rules.

Prior to receiving this ruling, APCO along with other FCC certified coordinators, were forced to establish deadlines for accepting applications prior to the January 13, 2004 date. Until further notice, those deadlines are no longer in effect; however, APCO highly recommends agencies use this reprieve as an opportunity to carefully and judiciously continue their processes of modifying existing systems or adding new systems on wideband. The Commission will be seeking quick resolution to the questions and concerns commenters submitted relevant to the original Rulemaking at which time it is anticipated a new deadline date will be established.

For more information contact AFC directly at 1-386-322-2500 or by email at AFC@apco911.org.

Links to FCC Notice:

IMPLEMENTATION OF SECTIONS 309(J) AND 337 OF THE COMMUNICATIONS ACT OF 1934

AS AMENDED/PROMOTION OF SPECTRUM EFFICIENT TECHNOLOGIES ON CERTAIN
PART 90 FREQUENCIES. Granted the Requests for Stay. (Dkt No. 99-87,
RM-9332). Action by: the Commission. Adopted: 12/01/2003 by ORDER. (FCC No. 03-306). WTB

<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-306A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-306A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-306A1.txt>