CHARl.ES E. SCHUMER
NEW YORK
~
(\ ,~"~''"
BANKING
DEMOCRATIC POLICY & COMMUNIC,\TIONS
']lnited ~tate5 ~cnatc J:~~::Y
RULES ~'b
0(~~
WASHINGTON, DC 20510
May to,2015
Chairman Tom Wheeler
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
Dear Chairman Wheeler:
I am writing to request that the Federal Communications Commission (FCC) immediately initiate
a formal rule making process to modify Part 90 of the Commission's rules to allow Railroad Police
agencies, like the Amtrak Police Department, to access public safety frequencies. On May 27.
2014 the National Public Safety Telecommunications Council (NPSTC) submitted a petition for a
rulernaking process to address this issue and to date the FCC has not yet taken action. I strongly
urge you to heed NPSTC's request and begin the process to address this issue immediately.
Efficient and effective communication during emergencies is critical, From the September 11 (11
attacks, to Hurricane Sandy, and the Boston Marathon bombings we have repeatedly seen the vital
role that effective communication between various law enforcement agencies and emergency
response personnel plays in ensuring public safety. It is unacceptable that railroad police agencies
still are not allowed to hold a license authorization on frequencies reserved for public safety
interoperability, Railroad police agencies, like the Amtrak Police Department, play an important
role in protecting the public at Stations and along our Nation's rail routes. Amtrak Police Officers
respond to civil and criminal situations at train stations throughout the country, and they respond
to emergencies such as fires, derailments, and other dangerous situations. Being able to effectively
communicate with other emergency personnel while responding to those situations is key.
This issue is especially important in New York. Penn Station is the busiest train station in North
America, with over 600,000 passengers arriving and departing from the station every day. Given
the volume of traffic, transportation hubs like Penn Station could be the target of terrorist attacks
or other dangerous situations. Luckily in recent years attempts to attack transit system in the United
States have been thwarted by law enforcement but we must remain vigilant and prepared for any
situation and part of being prepared means ensuring effective communication between first
responders.
At the federal level, railroad police officers commissioned under state as law enforcement have
the ability to enforce laws of jurisdictions in which the rail carrier owns property. This authority
makes it clear that Amtrak Police Officers operating in places like Penn Station should be
considered law enforcement personnel and should be allowed by the FCC to communicate with
other law enforcement on emergency response frequencies.
I urge you to heed the request of NPSTC and the other law enforcement agencies including the
International Association of Chiefs of Police and immediately begin the process to correct this
@ httpfscliumer.s(mate·DOv
issue. Solving this issue will help protect the traveling public and ensure an effective response
during emergency situations.
Iappreciate your attention to this issue, should you need further information please do not hesitate
to contact my office.
Charles E. Schumer
United States Senator