Public safety spectrum update: Revenge of Cyren Call
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This is odd since there are several commercial communications companies with the comparative advantage and expertise in designing, building-out, and maintaining wireless broadband networks. A for-profit mission and quality service to first responders should not be considered mutually exclusive ideals.
The Commission’s 312-page final order (PDF) cited my comment, but sadly as an example of the sort of proposal they weren’t going to adopt. Instead, they decided that they would create a license for 10 MHz of public safety spectrum (worth billions) and give it to a Public Safety Broadband Licensee. And who is the Public Safety Broadband Licensee? They have no idea, but in the Order they lay out the requirements for any entity who wishes to apply to be the Public Safety Broadband Licensee. These include,
- No commercial interest may be held in the licensee, nor may any commercial interest participate in the management of the licensee
- The entity must be non-profit
- The entity must be “broadly representative of the public safety radio user community”
Well, applications to be the Public Safety Broadband Licensee are due this Wednesday, and so far there’s only one applicant, an organization called the Public Safety Spectrum Trust Corporation (sorry, no website). If they are chosen as the Licensee, the PSST will help set the public safety requirements any bidder will have to satisfy in order to purchase the commercial-public safety shared D Block that will be auctioned in January. (Frontline has committed to bid, while Verizon has also shown an interest.) So who makes up the PSST? According to their recent press release,
The PSST Board of Directors is comprised of representatives of the following organizations: the American Association of State Highway and Transportation Officials (AASHTO); the Association of Public-Safety Communications Officials-International (APCO); the Forestry Conservation Communications Association (FCCA); the International Association of Chiefs of Police (IACP); the International Association of Fire Chiefs (IAFC); the International Municipal Signal Association (IMSA); the National Association of State Emergency Medical Services Officials (NASEMSO); the National Emergency Number Association (NENA); and the National Sheriffs’ Association (NSA).
That is, the lobbying groups for public safety. This is the first time I’ve ever heard of the lobbyists themselves potentially getting a license. Also, these groups supported the Cyren Call plan last year to reallocate spectrum from commercial to public safety use. Guess who they chose last week to be their “Public Safety Advisor“?
A quick response to Cyren Call & Frontline
In yesterday’s Wall Street Journal, Cyren Call Chairman Morgan O’Brien and Frontline Wireless Chairman Janice Obuchowski each had a letter to the editor responding to my March 13th op-ed about first responder communications. I’d like to take up just a few sentences to respond.O’Brien writes that I “audaciously misrepresent[ed]” Cyren Call’s proposal, but does not point out what that misrepresentation was. So, I can’t answer. Obuchoski, on the other hand, does point out a misstatement about Frontline’s plan. She writes,
[Brito] misstates that the plan would build “an interoperable network over spectrum purchased at auction; but Frontline wants the FCC to restrict that spectrum to public safety use.” Frontline will offer commercial service in the spectrum won at auction and provide public safety with pre-emptible access during emergencies to this commercial spectrum to provide additional capacity during peak periods of crisis when first responders’ communications requirements spike. This spectrum would remain in commercial use at all other times.
The thing is, I have always fully understood that the Frontline proposal would share he spectrum with public safety and commercial users. The error was introduced by a WSJ edit made after the last version of the op-ed that I approved the evening before it was published. (I don’t blame the WSJ; they were probably just editing for length or style.) Continue reading this post »
Me in the WSJ: Failure to communicate
I promise to talk about something different soon, but for now let me plug my op-ed in The Wall Street Journal today about first responder communications. You can read it here (no subscription required). The gist:Offer Cyren Call, Frontline and others the opportunity to bid on spectrum already restricted to public safety use. That would allow firms to build national interoperable networks without affecting how much spectrum will be available for commercial use. At the very least, if spectrum now slated for commercial auction must be used, the government should identify an equal amount of existing public safety spectrum that can be auctioned commercially once the new public safety networks are built.
Whatever path we take, we should ensure that at least two competing networks are built. This works well for wireless services such as cell phones; subscribers to one service have no trouble speaking to subscribers on another while prices are kept low.
A private-sector national network for public safety first responders is not an untested idea. In the U.K., the national network that supports police, fire and over a hundred other public safety services is owned and operated by O2, a private firm. We can do even better, using competition to spur the innovations that monopoly rarely provides.
Giving McCain benefit of doubt on public safety spectrum
I got my hands on the new public safety communications bill that John McCain introduced last Thursday, but which is not yet available on the web. Unlike what has been reported here and elsewhere, McCain’s bill isn’t a straight-up implementation of the Cyren Call plan. With some trepidation, I say there’s actually quite a bit to like.
McCain’s bill does take 30 MHz now slated for commercial auction and designate it for public safety, which in my book is a bad idea because public safety already has plenty of spectrum, and consumers would forgo the benefits of new commercially available spectrum. But here’s what he does: he sets up a “working group” of first responder and government representatives who will write a report to the FCC outlining what an ideal public-private interoperable network on the 30 MHz would look like. The FCC is then authorized to auction the 30 MHz as long as all the bidders agree to use the spectrum to provide a network that matches the report’s specifications. In some ways this is a lot like the Frontline Wireless proposal. If there is no bidder, however, then the Cyren Call plan kicks in and a Public Safety Broadband Trust Corporation, established by the bill, can buy the spectrum using FCC loan guarantees.
So what’s to like? Well, what there is to like is in the first part of the bill assuming the Cyren Call contingency doesn’t kick in. Continue reading this post »
Frontline Wireless joins the interoperability party
Yesterday I filed a public interest comment (PDF) in the FCC’s proceeding to create a national public safety broadband network in the 700 MHz band. Not coincidentally, so did Frontline Wireless, a new company started by former FCC Chairman Reed Hundt and former NTIA Administrator Janice Obuchowski among others. In their filing they propose a new plan to build a national wireless broadband network to be shared by public safety and consumers. This plan comes closer to the commercial provision of public safety communications that I’ve been suggesting, but it’s still a bit off. Below I’ll talk about the plan, but first some background.
As I’ve explained before, the digital TV transition frees up 84 MHz of spectrum. Congress has allocated 24 to public safety and 60 for auction. Morgan O’Brien’s Cyren Call asked the FCC to allocate additional spectrum to public safety for a national network by removing a 30 MHz block of spectrum from auction. The FCC denied the petition saying, quite rightly, that they didn’t have the authority not to auction off the spectrum Congress told them they had to. Cyren Call has since found a sponsor in John McCain who has said he will introduce a bill that would remove the 30 MHz from auction and give it to a “public safety broadband trust.”
The FCC’s current proceeding centers on what to do with the 24 MHz of spectrum that Congress did allocate to public safety. Specifically, the FCC asked for comment on its plan to take 12 MHz of this spectrum and license it to a nonprofit representing the public safety community that would in turn build a national broadband network, charge first responders a fee for service, and lease excess capacity on the network to commercial customers. Continue reading this post »
What congress can do about interoperability
Yesterday I explained that in my view first responders don’t need more spectrum to address their interoperability problem, but instead a different approach to using the spectrum they already have. So if Congress shouldn’t allocate more spectrum for public safety, what should it do to address the problem?Cyren Call is absolutely right about a lot of things: That we should opt for national networks, rather than 50,000 individual and incompatible radio systems for each locality or agency. That everyone benefits when public safety spectrum is shared with commercial users (as long as first responders have priority). That given the opportunity, the private sector will build public safety networks that first responders can subscribe to. Where Cyren Call goes wrong is in insisting that we need new spectrum to achieve this.
What Congress can do is very simple. Open up spectrum already allocated for public safety and allow private companies to build networks on that spectrum. Allow the FCC to assign spectrum allocated for public safety to commercial carriers (like Verizon or Cyren Call or whoever) directly. Require in the licenses1 that the carrier build a network up to public safety specs. Allow the carriers to sell excess capacity to commercial users, but ensure that first responders have priority. Voila, commercial provision of public safety communications. Don’t want to stop there? There’s more Congress can do. Continue reading this post »
Public safety doesn’t need more spectrum
Ahead of tomorrow’s Senate Commerce Committee hearing on public safety communications, the Consumer Electronics Association released a report (PDF) it commissioned from Criterion Economics analyzing the Cyren Call plan. The report concludes that the Cyren Call plan would upturn Congress’s carefully crafted DTV transition scheme. It also calls into question whether the private sector would build a more expensive broadband network than it would otherwise have to in order to meet the more rigorous needs of public safety.Like I said, the study was commissioned by a special interest and it should be read in that light. (And by all means, read it yourself and make up your own mind.) However, the study does outline some basic facts that support something I’ve been saying for a long time: public safety communications does not need more spectrum, what it needs is spectrum reform. Here’s a sampling from the report: Continue reading this post »
McCain signs on to Cyren Call plan
I’ve written on this blog before about Cyren Call, Nextel founder Morgan O’Brien’s venture to create a national wireless broadband network for first responders. Its plan calls for 30 MHz of spectrum in the 700 MHz band that are slated for auction. A couple of months ago the FCC turned down Cyren Call’s petition, saying Congress’s instructions were quite clear and the Commission didn’t have the authority to refuse to auction the spectrum. Morgan O’Brien spoke at the symposium we held late last year and hinted that he was already working on getting Congress to approve his plan. (Video here.)Well, today comes word that John McCain has signed on to the Cyren Call plan. This is especially newsworthy since the Senate will soon take a look at the recently passed House bill to implement the 9/11 Commission’s recommendations. As I explained earlier today, that bill addresses first responder communications, but doesn’t mention new spectrum for public safety. McCain said he plans to introduce legislation in the near future to assign the 30 MHz to the Public Safety Broadband Trust the Cyren Call plan calls for. I’m not convinced you need 30 MHz of spectrum to create a viable network, and so I’m not sure it’s time to remove spectrum from efficient allocation by auctions. Verizon hinted a while back that they could do it in just 12 MHz of the 24 already slated for public safety, and the FCC is currently taking comments in a proceeding to create just such a network in 12 MHz. Comments are due on Feb. 26. Note to Verizon: Now would be a fine time to make details of your plan public.
The other problem I see is that the Cyren Call/McCain plan would create one monopoly provider. The FCC plan has the same problem. If it can be done in 12 MHz, why not create two competing networks in the 24 MHz of spectrum already allocated for public safety?
FCC turns down Cyren Call
Yesterday the FCC did something a little weird. One week after putting up for public comment Cyren Call’s proposal to revamp public safety communications, it rejected the petition but also decided to keep the commenting open. Quite admirably, the Commission cites lack of authority from Congress. What’s weird is that they didn’t decide to reject the petition during the three months they sat on it before putting out for comment. Also weird are the post-decision comments, which will now have another audience: Congress.In the new issue of Regulation magazine I explain the depth of the public safety interoperability problem and how we might go about tackling it.
In some parts of Europe, private enterprise builds and maintains the public safety network and sells interoperable communications capacity to the agencies there. A similar approach could be pursued in the United States. The government could allow private carriers to build advanced networks on frequencies that it now restricts to public safety use. Instead of building their own incompatible and duplicative networks, agencies and jurisdiction could purchase their communications needs from the private carriers. Because public safety communications typically use very little communications capacity, the carriers could sell space on the network to private entities without interfering with emergency communications.
This a warm-up to a paper I’m writing for FCLJ symposium on public safety interoperability that the Mercatus Center and GMU’s Tech Center are co-sponsoring. The event will take place Dec. 8 at GMU School of Law. Cyren Call’s Morgan O’Brien will be one of the panelists. Event details here.
Cross-posted at TLF. You can leave and read comments there. →
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This is the personal site of Jerry Brito, a lawyer and writer in Washington, D.C. He’s an academic researcher and the creator of Unclutterer and several other blogs. More »
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