May 6, 2002
Mr. William F. Caton
Office of the Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
RE: WT Docket Number 02-55
Dear Mr. Caton:
The American Public Transportation Association (APTA) appreciates the
opportunity to provide comments to the Federal Communications Commission’s (FCC) WT
Docket Number 02-55.
About APTA
APTA is a nonprofit international association of over 1,400 member
organizations including transit systems; planning, design, construction and finance firms;
product and service providers; academic institutions, and state associations and
departments of transportation. APTA members serve the public interest by providing safe,
efficient and economical transit services and products. Over ninety percent of persons
using public transportation in the United States and Canada are served by APTA members.
Background
On April 5, 2002, the FCC published a notice of proposed
rulemaking (NPRM) in which it announced that it will seek comments on proposals made by
the National Association of Manufacturers and MRFAC, Inc. and Nextel Communications
(hereinafter referred to as the Nextel proposal), for alleviation of interference to
public safety communications in the 800 MHz band.
General Comments
While APTA is supportive of the FCC’s effort to alleviate radio
interference with public safety operations, we do not believe the Nextel proposal will
achieve this goal. APTA’s transit agency members, which are local public bodies, use
both public safety and business/land transportation portions of the 800 MHz spectrum.
Reallocation of frequencies currently held by transit operators would create substantial
adverse financial and operational impacts, and would significantly affect critical safety
and security matters.
Financial Impacts
The financial impact of requiring transit agencies to switch
frequencies to a band outside 800 MHz could be substantial. The radio equipment currently
used by 800 MHz licensees is incompatible for use on the 900 MHz band. Indeed, many
transit agencies use costly sophisticated communications systems, such as computer-aided
dispatch and automatic vehicle location systems, that rely on use of the 800 MHz band. One
mid-sized transit agency estimates the dollar value of band relocation to exceed $10
million, while another estimates it would cost it $14 million to $40 million. More than 50
large agencies would be affected by the proposals and face these costs, which do not
include indirect costs such as impacts to operations, increased risk, and loss of customer
good will. While the Nextel proposal would commit up to $500 million in Nextel resources
toward the cost of relocating bands, it is not clear that amount would be sufficient to
cover the actual costs of relocation or even if transit systems would be eligible for such
compensation. Meeting these increased costs, then, would be extremely difficult; unlike
commercial entities, public transit agencies cannot readily raise revenue by charging more
for their services. In short, before FCC takes further action, we recommend that
cost-benefit analyses be undertaken so that the true cost impact of any relocation on
transit properties is available to decision-makers.
Further, the proposed alternative band of 900 MHz has different
performance characteristics, which may require additional radio sites. In certain
locations, agencies would need two 900 MHz channels for each current 800 MHz channel to
support the data requirements of transit applications now prevalent in the industry. This
characteristic could translate into a significant increase in associated capital costs and
ongoing support and maintenance requirements.
The proposed 700 MHz alternative is also unacceptable because there are
currently no Transportation Management System (TrMS) software implementations using that
band. In our view it would be unwise and inappropriate to expose public transit agencies
and their 14 million daily riders to the risk and uncertainty associated with this
unfamiliar and uncharted territory. The FCC may want to consider whether it would be more
appropriate to consider placing commercial licensees on the 700 MHz band if the commercial
users want their frequencies on the same band.
Public Safety Considerations
Finally, if the FCC does decide to relocate the business/land
transportation users, we strongly urge the FCC to recognize the critical role transit
agencies perform as "public safety" agencies and the corresponding need to
retain their licenses on the 800 MHz band, particularly in these times of heightened
sensitivity to safety and security issues.
Public transit agencies play a key role in moving people safely on a
daily basis as well as in times of emergency, most notably on September 11, 2001, when
transit systems in New York and Washington, D.C. and around the country helped safely
evacuate millions from downtown areas and airports closed because of the acts of
terrorism. Public transit agencies are often assigned their licenses by local public
safety entities, and transit agencies work with public safety and law enforcement agencies
to promote public safety. Operating in the common 800 MHz band allows direct and
integrated communications and improves public safety and interagency communications and
operations. Again, we strongly urge the FCC to weigh these significant safety and security
concerns as it considers this matter.
Conclusion
We appreciate the opportunity to comment on this petition, and stand
ready to provide further advice to the FCC regarding the Nextel proposal. We also
understand that many APTA members will be submitting their own comments separately to the
FCC on this proposal. We look forward to commenting further at the next stage of this
rulemaking in June, 2002. For further information, please contact Kristin O’Grady at
(202) 496-4808, or internet e-mail at kogrady@apta.com.
Sincerely yours,
William W. Millar
President
WWM/cbo
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