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Public safety urges Congress to accept 2007 DTV hard date

WASHINGTON-The public-safety community is urging lawmakers to accept the Senate language of the 9/11 Commission legislation that would allow it to have access to 700 MHz spectrum Jan. 1, 2008.

“The public-safety spectrum provisions adopted by a unanimous Senate would establish a firm date by which public-safety agencies would be able to use this spectrum, while avoiding unnecessary dislocation of broadcast facilities prior to implementation of public-safety operations. State and local governments need a firm date so they can proceed with planning, funding and construction of new radio systems, safe in the knowledge that the spectrum will be there when they need it,” according to a memo sent to the conferees Oct. 18. “The `sense of Congress’ language in the House bill contemplates future action to end the digital TV transition for all TV stations. While we support such future action, we urge Congress to act now to implement the recommendations of the 9/11 Commission.”

The memo to the conferees on the 9/11 Commission bill-often referred to as the intelligence reform bill-was released by the Association of Public-safety Communications Officials Friday as part of a “Call to Action” to its members to get involved in the legislative process.

Different versions of the intelligence reform bill passed each house before Congress recessed for the election. Staff and some lawmakers are trying to work out the differences because each house must pass identical bills before the bill can be sent to the president for his signature.

As it stands today, TV broadcasters must return the six megahertz of spectrum they were given to complete the DTV transition Jan. 1, 2007, or when 85 percent of the homes in their viewing areas are capable of receiving digital, whichever is later. Public-safety operators and commercial-wireless carriers both want access to the 700 MHz spectrum.

The Senate last month sacrificed commercial-spectrum users, requiring TV broadcasters on channels 63, 64, 68 and 69 to give back their spectrum once public-safety asks for it or Jan. 1, 2008, whichever is later.

By contrast, the House of Representatives said in a “sense of the Congress” the DTV transition should end Dec. 31, 2006.

The “sense of the Congress” does not eliminate the 85-percent threshold, but rather sends a signal that the House believes the DTV transition should come to a timely conclusion and should not be done piecemeal.

The DTV transition has received a lot of political clout because solving the public-safety interoperability crisis was recommended in the 9/11 Commission Report. Public safety is slated to receive 24 megahertz of spectrum in the 700 MHz band with some set aside for interoperability once the transition to DTV is complete.

FCC Chairman Michael Powell said he doesn’t know when the DTV transition will end because the Federal Communications Commission has yet to determine how it plans to count to the magic 85-percent figure.

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