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FCC 700 MHz Decision Promises Harm to Critical Infrastructure
Washington, D.C. – The FCC is in denial. It claims that its 700 MHz decision will advance public safety interoperability; but it does nothing for the critical infrastructure industries (CII) that provide essential services to the entire Nation. Moreover, the FCC's statements concerning CII are directly contrary to the express mandate from Congress that makes CII exempt from spectrum auctions.
In its 700 MHz decision, the FCC grudgingly conceded that CII provide "life-critical communications", but it refused to allocate an available sliver of the 700 MHz spectrum, or even priority access, to CII for fear that it would create an "exception ... from the current, established practice of subjecting CII to competitive bidding for spectrum that serves their commercial infrastructures." This is both inaccurate and promises harm to vital services.
The statement contradicts Congress, which told the FCC in 1997 to exempt CII from spectrum auctions. Section 309(j) of the Communications Act states that the FCC’s auction authority will not apply to a broad class of "public safety radio services," including private internal radio services used by utilities and railroads as well as radio services used by not-for-profit organizations that offer emergency road services (i.e. CII). As Congress understood ten years ago, these internal systems are built, owned and operated by CII to protect the lives of workers and the safety of the "grids" that deliver essential services to the public.
"The FCC seems to be the only Federal agency that just doesn't get it; there are direct connections among CII communications, homeland security and the safety of the public," said William R. Moroney, President & CEO of the Utilities Telecom Council. "Utility communications are crucial for supporting the safe, reliable, and efficient delivery of essential services, as well as being key to the next-generation grid. Our workers are emergency responders and constantly work in one of the most hazardous of professions; our networks are vital to restoration after disasters and have been recognized as such. Even pending energy legislation in Congress recognizes the need for reliable information and communications technologies within utilities. The FCC must address the risk to public safety from the lack of adequate dedicated spectrum for CII internal communications."
In recognition of the importance of CII communications and the need for interoperability, the Southern Governors’ Association recently supported the inclusion of utilities in public safety communications interoperability plans and recommended it have access to spectrum below 1 GHz. Although the FCC adopted the congressional language and the auction exemption in 2000, it has never dedicated for critical infrastructure. In the intervening years, what spectrum CII shares with other industries has been subject to increasing congestion and interference that is unacceptable for mission-critical operations, when not threatened by the FCC’s own regulatory actions. Following the statement in the 700 MHz Report and Order that appears to ignore its own rules, the FCC must remedy this potential harm to vital services and the public.
Utilities Telecom Council
The Utilities Telecom Council (UTC) is a global trade association dedicated to creating a favorable business, regulatory, and technological environment critical telecommunications systems in support of their core services. Founded in 1948, UTC has evolved into a dynamic organization that represents the broad communications interests of electric, gas, and water utilities; natural gas pipelines; other critical infrastructure entities; and other industry stakeholders.
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