On July 1, 2009, the State of New York filed a request with the Federal Communications Commission (FCC) that they grant a waiver of its 700 MHz public safety early deployment rules to enable the construction and operation of a 700 MHz interoperable public safety broadband network. The State believes the requested waiver will serve the public interest by improving communications for first responders today without sacrificing any of the policy goals the Commission is seeking to achieve in its 700 MHz rulemaking. Current FCC rules require early deployments be held until the paired commercial frequencies are auctioned and a national agreement is in place. The State is requesting the ability to deploy a network now, with integration in a national network later.

The State regards the establishment of an interoperable public safety broadband network as a critical need for its first responders. Pending approval of the request for waiver, and the availability of American Recovery and Reinvestment Act funding, the State is planning for the deployment of such a network as quickly as possible in the 700 MHz public safety broadband spectrum.

The State has identified Public Safety Broadband Communications as a priority and is prepared to devote resources to deploy an interoperable network in the 700 MHz band. Use of the 700 MHz band would allow public safety state and local police, firefighters, rescue/emergency personnel and state and county public safety agencies achieve greater interoperability and cost effectiveness, and could increase the coverage area over which they currently use mobile data. A broadband public safety network in the State will support applications that currently cannot be supported over existing narrowband or wideband wireless data technologies.

The State, in partnership with the New York State Association of Counties, has been conducting outreach efforts to all 62 counties. This included an educational webinar and distribution of a broadband “template” to gauge interest and direction in public safety broadband from the counties.

The State believes the waiver would serve the public interest by enabling the State to deploy a robust interoperable Broadband network to serve first responders, without undermining the FCC’s 700 MHz public-private partnership. This network will satisfy the all the current technical specifications proposed by the FCC and can be integrated into a shared commercial public safety network. Because the network can meet all FCC technical requirements and can be integrated into the National Shared Wireless Broadband Network regardless of the technology chosen, there is no conflict between the FCC’s goals in the 700 MHz rulemaking and the requested waiver.  In fact, the waiver could expedite achievement of the FCC’s goals while significantly advancing the course of public safety.