Arent Fox Telecommunications

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1 Arent Fox Telecommunications Public Safety, Homeland Security and Defense Update August 2010 Vol. I The Arent Fox Telecommunications Group has a dedicated practice area focused on issues related to public safety, homeland security and defense, representing a wide range of clients that include manufacturers and government contractors. This Public Safety, Homeland Security and Defense Update is provided to keep our clients and friends apprised of the constant and focused activity of the FCC, NTIA and Congress in these areas. In addition to federal military and defense issues, many telecom-related developments in these areas relate to domestic and state/local public safety issues. For companies traditionally involved in sales to the federal government, these activities represent significant opportunities for increased revenues from state/local governments and first responders. Please contact Jeff Rummel, Partner, for further information on any of the issues addressed in this To keep in touch with our activity in this area, and for many useful resources, please see our new Public Safety, Homeland Security and Defense website at:

2 Topics: FCC Seeks Comment on Creation of Cybersecurity Roadmap - Due 9/23 FCC Seeks Comment on Promoting Competition for Public Safety Communication Technologies - Due 9/20 FCC Seeks Nominations for Membership to Public Safety Advisory Committee for Emergency Response Interoperability Center (ERIC) - Due 9/17

3 FCC Seeks Comment on Creation of Cybersecurity Roadmap - Due 9/23 The FCC is requesting comment on the creation of a "Cybersecurity Roadmap" to identify vulnerabilities to communications networks or end-users and to develop countermeasures and solutions in preparation for, and response to, cyber threats and attacks. The FCC s Cybersecurity Roadmap was recommended as an initial step forward in the area of cybersecurity as part of the National Broadband Plan (NBP). In the NBP, the FCC stated that the that the Cybersecurity Roadmap should identify the five most critical cybersecurity threats to the communications infrastructure and its end users and establish a two-year plan, including milestones, for the FCC to address these threats. The Cybersecurity Roadmap will establish a plan for the FCC to address vulnerabilities to core Internet protocols and technologies and threats to end-users, including consumers, business enterprises, including small businesses, public safety and all levels of government. The FCC anticipates completion of the Cybersecurity Roadmap by November In order to meet that timetable, it has requested public comment by September 23, Please let me know if you would like to participate in this proceeding by preparing and filing comments in this proceeding, or monitoring the comments filed by others, or meeting/speaking with the FCC staff about the issues relevant to this proceeding.

4 FCC Seeks Comment on Promoting Competition for Public Safety Communication Technologies - Due 9/20 In an issue very significant to manufacturers of communications systems, the FCC seeks comment on the state of competition in the public safety equipment and device market, the use of proprietary standards by public safety equipment manufacturers, and the impact that these issues may have on public safety interoperability. Given the fact that there are only a small number of equipment providers supporting mission-critical communications, and the importance of interoperability to public health and welfare, the FCC seeks comment on these critical questions: 1. What are the factors that affect the current state of competition in the provision of public safety communications equipment? Are there any additional barriers to additional manufacturers supplying network equipment to the public safety community for narrowband communications? For broadband communications? 2. How would additional competition in the provision of public safety communications equipment improve narrowband or broadband interoperability? Conversely, what impact does the current state of competition in the provision of public safety communications equipment and devices have on interoperability? Assuming additional competition would benefit public safety interoperability, what actions could the Commission take to improve competition in the provision of public safety communications equipment? 3. What are the limitations of Project 25 in promoting narrowband public safety communications interoperability? What actions, if any, should the Commission take to rectify these limitations? 4. Could open standards for public safety equipment increase competition? What actions could the Commission take to facilitate openness? 5. As the Commission considers requirements for the 700 MHz broadband public safety network, are there any requirements on public safety equipment or network operators that would increase competition in the provision of public safety equipment? How can the Commission s work on requirements for the 700 MHz broadband public safety network be leveraged to promote interoperability between narrowband and broadband networks? The FCC has requested public comment by September 20, Reply comments are due October 18. Please let me know if you would like to participate in this proceeding by preparing and filing comments, or monitoring the comments filed by others, or meeting/speaking with the FCC staff about the issues relevant to this proceeding.

5 FCC White Paper Released Re: Costs and Merits of Nationwide Interoperable Network for First Responders/Public Safety The FCC has also released a comprehensive white paper titled "A Broadband Network Cost Model: The Basis for Public Funding Essential to bringing Nationwide Interoperable Communications to America s First Responders". The paper offers a detailed analysis of how the FCC's plan for creation and funding of the network would meet public safety s needs for accessibility, reliability, and affordability, while creating substantial savings for the nation in capital and operating expenditures over a 10-year period. In an accompanying statement, the FCC stated it "looks forward to working with public safety, our federal, state, local and tribal partners, and the communications industry to accomplish this priority." A major highlight of the study s analysis shows that the FCC's recommendation to capitalize on commercial network build-out at the same time the public safety network is created would cost approximately $6.5 billion over 10 years, significantly less than the projected $15.7 billion in capital costs associated with building a stand-alone public safety network $9.2 billion in savings. In addition, the FCC's analysis indicates that to upgrade and operate a stand-alone public safety network would be substantially more expensive than a network constructed under the FCC s recommended incentive-based approach. Some primary reasons the costs increase exponentially for a stand-alone public safety network are: (1) public safety would not be able to easily leverage commercial resources and technologies associated with the build out of the network, (2) public safety could not capitalize on existing commercial cell sites and towers, and (3) public safety could not gain access to equipment, including portable radios, at commercially competitive prices. Conversely, the FCC's plan for an incentive-based partnership to build the public safety wireless broadband network would establish a public grant funding program to pay for capital and operating expenses and would build in incentives to enable public safety to leverage commercial technologies and resources. Accordingly, please let me know if you would like to discuss the issues in the White Paper with the FCC, to see how the company might be able to help the implementation of the network, and provide equipment or services at competitive pricing.

6 FCC Seeks Nominations for Membership to Public Safety Advisory Committee for Emergency Response Interoperability Center (ERIC) - Due 9/17 We recently advised you of the FCC's establishment of a new Emergency Response Interoperability Center (ERIC), whose mission is to "lead the development of a technical and operational framework that will support and foster nationwide operability and interoperability in wireless broadband communications for America s first responders." Generally speaking, ERIC will serve as the driving force for the development of the standards that will result in interoperability of public safety broadband networks, which are expected to built out hand-inhand with 4G commercial technologies. ERIC's Public Safety Advisory Committee (Committee) was created to make recommendations that will assist ERIC in meeting its mission. The FCC is seeking nominations and expressions of interest for membership on the Committee. Members of the Committee may include representatives of state and local public safety agencies, public safety trade associations, federal user groups, and other segments of the public safety community, as well as service providers, equipment vendors and other industry segments, to balance the expertise and viewpoints that are necessary to effectively address the issues to be considered. Members of the Committee will serve in a representative capacity. The FCC stated that organizations should consider proposing their Chief Executive Officer or another senior-level official in the organization as their representative on the Committee. Nominations must be received by the FCC no later than September 17, If you are interested in nominating someone to the Committee, or learning more about the information required with each nomination, please let me know. Legislation Introduced Which Would Provide Grants for Public Safety Communications Equipment IR&D Rep. Jane Harman (D-CA) has introduced legislation which, if passed, would allow equipment manufacturers to seek grants to develop public-safety devices that support voice, data and video communications in the 700 MHz spectrum. In introducing the bill, Rep. Harmon stated that This process will produce devices ready for first responders use within five years hopefully sooner...directed research-and-development is essential to achieving interoperability because it will drive down cost and develop devices that public safety has a hand in selecting. The legislation calls for a $70 million competitive process for research and development grants, to be implemented by the Commerce Department's NTIA. NTIA's responsibilities would include developing program criteria; evaluating devices and selecting products for funding and licensing. If you have any interest in the funding opportunities that may be available through this legislation, and how you may become involved in supporting and/or requesting changes to the language of the bill, please let me know.