On August 29, the FCC released an Order
on Reconsideration, modifying one aspect of the agency’s July
31, 2012 Order that provided a process for entities implementing public
safety networks to receive STAs to continue their deployment. The July 31
Order limited early deployment under STAs to existing public safety broadband
spectrum and did not include the 700 MHz D-Block spectrum. In response to
an August 17, 2012 NTIA
letter and under the Order on Reconsideration, the FCC will now entertain
STA applications that contemplate 10x10 MHz operations – i.e., operations that
span both the existing public safety spectrum and the 700 MHz D-Block (758-763
MHz/788-793 MHz).
In
the Order on Reconsideration, the Commission noted that NTIA "persuasively
argues” that limiting STA operations to the existing public safety broadband
spectrum "could unduly constrain early deployments and undermine their value as
a resource for FirstNet.” However, the Commission declined to prohibit
"the operation of public safety broadband networks under STA on a 5x5 MHz
basis” as such a "prohibition may unduly prejudice those jurisdictions that
have invested substantially in developing 5x5 MHz public safety broadband
networks and may be prepared to enter service in the immediate term. …. We find
that the best course is to provide each jurisdiction flexibility in managing
this transition for its own deployment. We believe that our approach
strikes a reasonable balance between accommodating the prior plans of STA applicants
and preserving their need for flexibility, while addressing NTIA’s concerns in
accordance with the emphasis in the STA Order on ‘facilitating integration of
these facilities to the greatest extent possible in order to support FirstNet’s
mission.’”