PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov DA 12-1575 Released: October 2, 2012 WIRELESS TELECOMMUNICATIONS BUREAU AND PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEK COMMENT ON THE CITY OF CHICAGO OFFICE OF EMERGENCY MANAGEMENT COMMUNICATION’S REQUEST FOR WAIVER OF THE JANUARY 1, 2013 VHF-UHF NARROWBANDING DEADLINE WT Docket 99-87 Comment Date: October 23, 2012 Reply Comment Date: November 2, 2012 By this Public Notice, we seek comment on a request for waiver of the Commission’s January 1, 2013 VHF-UHF narrowbanding deadline, filed on May 8, 2012,1 by the City of Chicago Office of Emergency Management Communications (City of Chicago). Section 90.209(b)(5) of the Commission’s rules requires private land mobile radio (PLMR) licensees in the 150-174 MHz and 450-512 MHz bands to operate using channel bandwidth of no more than 12.5 kHz, or equivalent efficiency, by January 1, 2013.2 Specifically, the City of Chicago is seeking a twenty-four-month conditional extension of time to complete the narrowbanding of its VHF/UHF facilities by January 1, 2015. The City of Chicago is the third largest city in the United States, with 9.8 million inhabitants. The City of Chicago metropolitan area extends outside the county seat of Cook County, Illinois, into neighboring DuPage County. The City is comprised of approximately 234 square miles of urban landscape, including 6.9 miles of the Lake Michigan waterfront, and both the Calumet and Chicago rivers flow entirely or partially through key parts of the City. The City of Chicago is both the second largest central business district and labor pool in the nation, and hosts millions of domestic and international visitors each year as one of the most important worldwide international centers for commerce, finance, and trade. To help manage and protect the City’s residents and visitors, Chicago employs thousands of first responders and other employees who require the use of public safety communications. However, due to budgetary and hiring constraints, the City employs only sixteen radio technicians, who are solely responsible for the maintenance, installation, and upgrading of the City’s numerous and intricate radio systems. Despite limited manpower and resources, these technicians have been able to perform 1 See Request for Waiver of Commission Rules (filed May 8, 2012) (Waiver Request). 2 See 47 C.F.R. § 90.209(b)(5); see also 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, Third Memorandum Opinion and Order and Third Further Notice of Proposed Rule Making and Order, WT Docket No. 99-87, RM-9332, 19 FCC Rcd 25045 (2004). On April 26, 2012, the Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of Engineering and Technology waived the January 1, 2013 narrowbanding deadline for 470-512 MHz band frequencies. See 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, Order, WT Docket No. 99-87, 27 FCC Rcd 4213 (WTB/PSHSB/OET 2012). maintenance and to complete a significant number of necessary and mandated upgrades to the City of Chicago’s extensive public safety radio networks. The City of Chicago’s request describes its past and continuing efforts to bring its mission critical communications networks into compliance with the January 1, 2013 narrowbanding mandate, and states it is near completion of its multi-site UHF T-band fire digital system, among other public safety radio projects.3 The City of Chicago notes, however, that it has “been occupied in responding to other regional and national initiatives such as expanding its video surveillance system and engagement in Operation Virtual Shield in cooperation with the Department of Homeland Security and Department of Justice.”4 The City of Chicago claims that it has been working diligently and in good faith towards narrowbanding, making substantial investments in new infrastructure and reprogramming existing equipment.5 However, because of budget constraints and the diversion of financial resources to other federal projects, the City of Chicago claims that it is unable to complete narrowbanding by the January 1, 2013 target. Therefore, given its considerable efforts towards narrowbanding to date, the City of Chicago contends that it is entitled to a waiver and extension of the deadline. We seek comments on the waiver request in light of the July 13, 2011 Public Notice providing guidance on the submission of requests for waiver of the narrowband deadline.6 In particular, we seek comment from parties whose operations could be impacted by grant of the waiver. 3 Waiver Request at 6. 4 Id. 5 Id. 6 See Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of Engineering and Technology Provide Reminders of the January 1, 2013 Deadline for Transition to Narrowband Operations in the 150-174 MHz and 421-512 MHz Bands and Guidance for Submission of Requests for Waiver and Other Matters, Public Notice, 26 FCC Rcd 9647 (WTB/PSHSB/OET 2011); see also Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau Provide Supplemental Guidance for Licensees in the 150- 174 MHz and 421-512 MHz Bands Seeking Waivers of the January 1, 2013 Narrowbanding Deadline, Public Notice, 27 FCC Rcd 1936 (WTB/PSHSB 2012). Waiver Request: Extending the narrowbanding deadline by twenty-four months, to January 1, 2015, for the following frequencies and call signs: CALL SIGNS FOR WHICH WAIVER OF SECTION 90.209(B) IS REQUESTED City of Chicago VHF 150-174 MHz Channels (FRN 0002833416) Frequency Call Sign(s) 153.7700 KSC711 153.7925 KSC711 153.8300 KSC711 153.9275 KSC711 153.9500 KSC711 154.0100 KSC711 154.1300 KBA321, KSC711 154.2200 KSC711 154.3850 KSC711 154.6500 KA5489 154.7400 KA5489 154.8000 KA5489 154.8300 KA5025 155.7450 KRW306 155.9400 KNDV404 155.9700 KC5285 156.0000 KC5285 158.2500 KGW529, WQCT234 158.7600 KBW414, KBW415, KBW416, KBW421, KF5671 158.8050 KJY777, KJY778, KJY779, KK9884 158.8500 KSF382 158.8800 KKG461 158.8950 WPQG213 158.9100 KC5285 158.9400 KC5285 158.9700 KC5285 159.0300 KSF382 159.1500 KA5489 159.3900 KC5285 159.4500 KC5285 City of Chicago UHF 450 — 470 MHz Channels (FRN 0002833416) Frequency Call Sign(s) 453.0500 KBJ773 453.1000 KBJ308 453.5000 KRM715 453.5500 KRM715 453.6250 KWB673 453.6500 KRM715 453.6750 KRM715 453.7250 KRM715 458.7750 KRM715 453.8250 KRM715 453.9750 KRM715 458.0500 KY7503 458.1000 KBJ308 458.5000 KRM715 458.5500 KRM715 458.6250 KZ9579 458.6500 KRM715 458.6750 KRM715 458.7250 KRM715 458.7750 KRM715 458.8250 KRM715 458.9750 KRM715 460.5375 KB54951 460.6000 KXZ273 460.6250 KXZ273 462.9500 KNFH932 462.9750 KNFH932 465.6000 KNEW594, KNEW595, KNGN514, KNGN516, WFK423, WGQ939 465.6250 KNEW594, KNEW595, KNGN514, KNGN516, WFK423, WGQ939 467.9500 KNFH932 467.9750 KNFH932 Procedural Matters Interested parties may file comments and reply comments in response to the waiver request on or before the dates listed on the first page of this Public Notice. All pleadings must reference WT Docket No. 99-87. Parties may file comments using (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.7 § Electronic Filers: File comments electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. § If multiple docket or rulemaking numbers appear in the caption of this proceeding, ECFS filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. § Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Send filings by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). Address filings to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § Deliver hand-delivered or messenger-delivered paper filings to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554 between 8:00 AM and 7:00 PM. Use rubber bands or fasteners to hold deliveries together. Dispose of all envelopes before entering the building. § Send commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) to 9300 East Hampton Drive, Capitol Heights, MD 20743. § Send U.S. Postal Service first-class, Express, and Priority mail to 445 12th Street, SW, Washington DC 20554. Parties are requested to send one copy of their comments and reply comments to Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (800) 378- 3160, e-mail FCC@BCPIWEB.com. Documents in WT Docket No. 99-87 available for viewing on ECFS, http://www.fcc.gov/cgb/ecfs, by entering the docket number, WT 99-87. These documents are are available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th St. SW, Room CY-A257, Washington, D.C. 20554. The documents are also available for purchase from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile (301) 816- 0169, e-mail FCC@BCPIWEB.com, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com. Alternate formats of this Public Notice (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an e-mail to fcc504@fcc.gov. 7 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, GC Docket No. 97-113, 13 FCC Rcd 11322 (1998). This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules.8 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. For further information, contact Mr. Melvin Spann of the Wireless Telecommunications Bureau at (202) 418-1333, or via e-mail at Melvin.Spann@fcc.gov or Mr. Roberto Mussenden of the Public Safety and Homeland Security Bureau at (202) 418-1428, or via e-mail at Roberto.Mussenden@fcc.gov. Action by the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau and the Deputy Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau. - FCC - 8 See 47 C.F.R. §§ 1.1200(a), 1.1206.