Public safety entities have mixed views on the specifics of a notice of proposed rulemaking that proposed to amend the FCC’s part 90 rules to permit railroad police officers to access public safety interoperability and mutual aid channels. Comments were filed in PS docket 15-199 in response to a NPRM released in September (TRDaily, Sept. 1).

In 2014, the National Public Safety Telecommunications Council (NPSTC) filed a petition for rulemaking asking the FCC to modify the part 90 rules to allow railroad police access to frequencies that are reserved for public safety interoperability (TRDaily, May 19, 2014). In response to the petition, a number of entities, including the Department of Transportation and the Federal Railroad Administration (FRA), the Association of American Railroads (AAR), and the American Short Line and Regional Railroad Association (ASLRRA), supported the rule change, the FCC noted in the NPRM.

The FCC proposed “to permit railroad police officers that are empowered to carry out law enforcement functions to use public safety interoperability and mutual aid channels in the VHF (150-174 MHz and 220-222 MHz), UHF (450-470 MHz), 700 MHz narrowband (764–776/794–806 MHz) and 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) bands (806-809/851-854 MHz),” the NPRM said. “In addition, we propose to publish a list in our rules of the designated nationwide VHF, UHF, 700 MHz and 800 MHz public safety interoperability channels. We believe that these measures will enhance the ability of railroad police to carry out their law enforcement responsibilities by facilitating interoperability with Federal, State, Local and Tribal public safety entities.”

The FCC proposed using a broad definition of railroad police officers included in the FRA’s rules, rather than the narrower definition that was suggested by NPSTC in accordance with a resolution adopted by the International Association of Chiefs of Police (IACP). The FCC noted that some parties submitting comments on the NPSTC petition suggested that the narrower definition “is too restrictive, to the extent it does not include part-time railroad police officers or Amtrak police.”

In the NPRM, the FCC said, “In the VHF, UHF and 800 MHz bands, we have the discretion to allow railroad police access to interoperability and mutual aid channels without requiring that they obtain further authorization from a governmental entity. In the 700 MHz narrowband spectrum, however, Section 90.523 of the Commission’s rules requires non-governmental entities to be authorized by a ‘state or local governmental entity whose mission is the oversight of or provision of services, the sole or principal purpose of which is to protect the safety of life, health or property.’ Rather than amend this rule, which stems directly from Section 337 of the Communications Act of 1934, as amended, we propose that any application filed for use of 700 MHz narrowband channels by a railroad police entity that is not an independent law enforcement agency would have to be accompanied by an authorization from an appropriate ‘state or local government entity,’ e.g., state or local police, or another governmental public safety licensee. … We also seek comment on whether we should require railroad police to obtain authorization from the same state or local governmental entity to license the VHF, UHF and 800 MHz interoperability channels or whether one authorization for each railroad police entity should suffice for all bands by default unless there is a need to restrict a band.”

“With respect to how we should authorize mobile and portable units for use by railroad police when those mobile and portable units are not associated with a base station license, we propose to employ a ‘blanket licensing’ approach, in which railroad police officers would be authorized to operate on interoperability and mutual aid channels if their employer holds a Private Land Mobile Radio (PLMR) license of any category, e.g., Industrial/Business (I/B),” the FCC said in the NPRM.

In its comments, NPSTC said that it “fully supports opening access for railroad police officers to the public safety interoperability and mutual aid channels in all bands as proposed. As addressed in these comments, NPSTC also supports the Commission’s proposal on the definition of railroad police and on blanket licensing of railroad police mobile and portable units for operation on the interoperability and mutual aid channels.”

“While not specifically stated, it appears the Commission is proposing to apply blanket licensing to railroad police use of the VHF, UHF and 800 MHz band mutual aid and interoperability channels, but not the channels in the 700 MHz band,” NPSTC said. “NPSTC urges the Commission also to simplify the authorization process at 700 MHz as well, to the extent the law allows. Public safety users often deploy both 700 MHz and 800 MHz band channels in the same radio and from a practical and operational standpoint, view the channels as interchangeable.”

NPSTC also said that it “recommends that railroad police officers be allowed to use the public safety interoperability/mutual aid channels in any area where the respective railroad operates. A restriction that specifies operation within a fixed distance from the track would not be consistent with the authority provided to railroad police officers in some states.”

The federation also said that it “generally supports the Commission’s proposal to apply the coordination and administration procedures for the relevant spectrum to railroad police use of the interoperability and mutual aid channels.”

NPSTC also stressed why it believes that memoranda of understanding between railroads and public safety entities are not effective. “While railroads may be able to gain access to the interoperability and mutual aid channels through memorandum’s of understanding with all the public safety entities encompassed in the railroad’s operational area, doing so is cumbersome at best,” it said.

“Major railroads operate over multiple states and tens or hundreds of counties and municipalities. Obtaining MOUs with the relevant public safety entities would require the dedication of significant resources and time, with no guarantee of success throughout the entire operating area required. In addition, operating under such MOUs means that the public safety jurisdictions are ultimately responsible for railroad police communication operations implemented under the MOUs. Railroad police officers need a more expeditious, direct and simpler process to enable interoperable communications with state, county and municipal law enforcement, and potentially with fire and emergency medical service personnel as well. The Commission’s proposal, once adopted, should enable a significant improvement in railroad police interoperability with other law enforcement, fire and emergency medical personnel, especially in the event a major incident involving the railroad occurs.”

“The NPRM seeks comment on how best to ‘facilitate the use of interoperability and mutual aid channels by railroad police.’ APCO recommends an approach that primarily relies on sharing agreements between railroad police and public safety licensees,” said the Association of Public-Safety Communications Officials-International. “Sharing agreements are expedient, locally-focused, and in some cases are already being put to use for railroad police. In the event a railroad police agency cannot find an appropriately licensed public safety sponsor for a sharing agreement, railroad police should follow the regular process for the frequency band in question to directly license mobiles and portables. This would mean using the services of certified public safety frequency coordinators and, for the 700/800 MHz band, the interim step of pre-coordinating with the RPC or state interoperability executive committees prior to using the services of certified public safety coordinators.”

APCO added, “Direct licensing of mobile and portable units is preferable to the Commission’s proposal to employ a blanket licensing approach. Direct licensing offers the same benefit of a local focus afforded by sharing agreements, by providing the relevant parties the opportunity to share awareness of railroad police operations, which is important for coordination, situational awareness, conflict management, and interference mitigation if needed.

“The NPRM also inquires whether the Commission should allow base and control station operation by railroad police,” APCO noted. “APCO does not believe that authorization of railroad police base and control station operations is needed. The two-pronged approach outlined above for coordination and licensing – to employ sharing agreements, or if no sponsor is available, directly license mobiles and portables – negates the need to permit railroad police to operate base and control stations.”

The National Regional Planning Council (NRPC) said that it recommends “that the method used by railroad police to access 700 MHz designated interoperability spectrum should be by entering into sharing agreements with eligible entities (sponsors) that are licensed on those specific channels for their own purposes. In this arrangement the sponsoring agency is fully aware of their own licensed capabilities and can ensure that any sponsored agency will operate within the restraints of the licensee’s FCC authorization. In the absence of a viable, licensed sponsor to enter into a sharing agreement with, railroad police should license 700 MHz interoperability spectrum for mobile and portable use with the Commission.”

The NRPC added that it “feels that railroad police access to 800 MHz interoperability channels should be limited to mobile and portable operation and access should be the result of entering into a sharing agreement with an eligible, public safety licensee of the channels being sought. … In the absence of an eligible, public safety license for railroad police to enter into sharing agreements with, a railroad police agency should license mobile and portable use of the 800 MHz mutual aid channels indicated above with the Commission via a certified public safety frequency coordinator.”

There should be a similar process for channels below 512 megahertz, the NRPC said.

The Region 13 Planning Committee and Region 54 Planning Committee, both of which are in Illinois, filed comments similar to those submitted by the NRPC.

In joint comments, the AAR and the ASLRRA endorsed the proposed rule changes.

“In amending its rules in this proceeding, the Commission should (1) ensure that railroad police have the flexibility to determine how best to access public safety interoperability and mutual aid channels; (2) minimize unnecessary administrative burdens on railroad police seeking to access these channels; and (3) minimize burdens on other public safety licensees,” they said.

“First, the Commission should adopt a broad definition of ‘railroad police officer’ to ensure that it does not unnecessarily exclude otherwise qualified railroad police officers, including officers employed by each class of freight railroad, Amtrak, Alaska Railroad, and commuter railroads, from the scope of its rules. Second, the Commission should license railroad police departments rather than individual officers for administrative efficiency,” the groups said.

“Third, the Commission should minimize the number of governmental agency authorizations and procedures necessary for railroad police to use interoperability and mutual aid channels. In particular, the Commission should adopt its proposal to apply the relevant state or Regional Planning Committee’s coordination and administration procedures to applications for authorizations that railroad police departments would need to obtain from a state or local government entity in order to use the 700 MHz interoperability channels,” the filing added. “In addition, the Commission should not require railroad police departments to obtain authorizations from a state or local government entity in order to access the VHF, UHF, and 800 MHz interoperability channels.

“Fourth, the Commission should adopt both ‘blanket’ licensing and ‘mobile only’ licensing on a nationwide basis for railroad police departments’ use of mobile and portable units on interoperability and mutual aid channels,” the railroad groups added. “Adopting both approaches will provide railroad police departments flexibility in how they use the interoperable communications equipment they need to carry out their public safety responsibilities. The Commission should issue these licenses on a nationwide basis to ensure that railroad police officers can communicate with public safety entities in other states when necessary.

“Fifth, the Commission should permit railroad police to operate base stations and control stations on interoperability and mutual aid channels. Adopting this proposal will allow railroads to, for instance, fill gaps in radio coverage in remote areas,” the filing added. “Sixth, the Commission should adopt its proposal to allow railroad police to use interoperability and mutual aid channels to communicate along and across the border with counterpart operators in Canada and Mexico to the same extent as any other eligible public safety entity. Adopting this proposal will help ensure that railroad police officers can effectively respond to public safety incidents, threats, or concerns involving those jurisdictions.

“Seventh, the Commission should clarify that railroad police departments are eligible to participate in sharing arrangements. However, the Commission should not adopt a shared use approach instead of a licensing approach in this proceeding. Rather, the Commission should give railroad police departments flexibility by both allowing them to participate in sharing arrangements and permitting them to obtain licenses to use interoperability and mutual aid channels.

“Finally, the Commission should continue to allow railroad police departments to operate mobile units on interoperability and mutual aid channels and other public safety channels under contract with public safety licensees,” the filing said. “The agency should preserve the ability of railroad police departments, particularly those without the resources to apply for and obtain licenses, to access interoperability and mutual aid channels in this manner.”

The Telecommunications Subcommittee of the American Petroleum Institute (API) expressed support for letting railroad police use public safety interoperability and mutual aid channels. “API supports the proposal, which will help to promote the safe and secure transportation by rail of crude oil and petroleum products,” it said. “API also recommends the Commission expand its relief to include key safety personnel at oil and gas companies and other critical infrastructure industry (‘CII’) facilities that have a need for Public Safety interoperability as explained herein.”

Motorola Solutions, Inc., said it “agrees with NPSTC with respect to the communications needs of railroad police and shares the Commission’s belief that ‘allowing railroad police officers to use [public safety interoperability and mutual aid] channels will promote interoperability and facilitate improved emergency response in railroad-related emergencies and eliminate unnecessary regulatory barriers to use of these channels.’ Accordingly, Motorola Solutions supports the Commission’s proposal to allow railroad police officers to use public safety interoperability and mutual aid channels in the VHF, UHF, 700 MHz narrowband, and 800 MHz National Public Safety Planning Advisory Committee (‘NPSPAC’) bands. It is imperative, however, that the Commission also revise Section 90.421 of the Commission’s rules to clarify that railroad police officers are eligible users of existing public safety communications systems at the behest of current licensees.”- Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily