Before INDUSTRY CANADA Ottawa, Canada

Before INDUSTRY CANADA Ottawa, Canada ) In the Matter of ) ) Proposed Revisions to the Frequency Plan ) Notice No. SMSE-004-08 For Public Safety in the 700 MHz Band ) Canada Gazette, Part I ) January 19, 2008 ) COMMENTS OF ALCATEL-LUCENT John Marinho Vice President Global Government Affairs Americas Alcatel-Lucent 1100 New York Avenue, NW Suite 640 Washington, DC 20005 (202) 312-5900 April 4, 2008

Before INDUSTRY CANADA Ottawa, Canada ) In the Matter of ) ) Proposed Revisions to the Frequency Plan ) Notice No. SMSE-004-08 For Public Safety in the 700 MHz Band ) Canada Gazette, Part I ) January 19, 2008 ) COMMENTS OF ALCATEL-LUCENT Alcatel-Lucent ( ALU ) hereby respectfully submits comments in response to the above-captioned notice released by Industry Canada on January 19, 2008. 1 I. Introduction. ALU commends Industry Canada for its prompt and thoughtful consideration of the important public safety communications issues raised in the Notice. ALU has developed, manufactured and deployed hundreds of large and small wireless networks across the globe including the first public safety broadband network in the 700 MHz band in the United States, recently deployed in Washington, D.C. 2 ALU welcomes the opportunity to work with public safety agencies in Canada to design communications 1 Proposed Revisions to the Frequency Plan for Public Safety in the 700 MHz Band, Notice No. SMSE- 004-08, Canada Gazette, Part I, January 19, 2008 (the Notice ); Extension to the Comment Period for the Consultation Paper Entitled Proposed Revisions to the Frequency Plan for Public Safety in the Band 700 MHz, Notice No. SMSE-007-08, Canada Gazette, Part I, March 15, 2008 (extending the comment date to April 4, 2008). 2 The National Capital Region system is designed to provide service to up to 35,000 local first responders spread across nearly 2,500 square-miles in the District of Columbia and 18 other jurisdictions in Maryland and Virginia, and is designed to provide peak downstream data rates of 3.1 Mbps and upstream data rates of 1.8 Mbps by means of paired 1.25 MHz wide channels.

systems that meet the needs of first responders who put their lives on the line to protect the public. As explained in greater detail below, ALU supports the Notice s proposal to redesignate the bands 770-776 MHz (Channel 64) and 800-806 MHz (Channel 69) for narrowband public safety communications use in order to harmonize these bands with the frequency plan adopted for this spectrum in the United States. This re-designation should be implemented as quickly as is practicable. With regard to wideband operations, ALU urges the Department to consider carefully the need for such systems. In the United States, the Federal Communications Commission ( FCC ) generally prohibited the operation of wideband systems in the 700 MHz spectrum allocated for public safety use, concluding that such operations should be allowed only on rare occasions and only upon grant of a waiver satisfying certain conditions and restrictions. 3 In order to preserve the broadband segment of the 700 MHz public safety allocation, the FCC waiver process generally focuses on allowing wideband deployments in the consolidated narrowband spectrum or in the internal public safety guard band. 4 Industry Canada should adopt a policy in this area consistent with that of the United States and in favor of narrowband and broadband systems. 5 If the Department 3 See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, et al., Second Report and Order, FCC 07-132, 490 (2007) ( 700 MHz Second Report and Order ), recon. pending. 4 In cases where no spectrum in the narrowband segment or internal guard band is available for wideband operations, the FCC will permit submission of requests for waiver to operate in the upper 1.25 MHz of the broadband allocation, but it cautioned that applicants seeking this relief would face a very high hurdle. Id. at 494. For example, the applicant would have to demonstrate that, in response to an RFP, proposals for a broadband system were more costly, provided less coverage as measured by throughput at the network edge, or were otherwise inferior to the accepted wideband proposal. Id. 5 ALU, like the FCC, considers broadband service in the wireless public safety context as an air-interface that utilizes channels wider than 1 MHz. See Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communications Requirements Through the Year 2010, Eighth Notice of Proposed Rulemaking, FCC 06-34, 4 n.18 (2006). 2

pursues a limited wideband option, ALU supports Option 1 as identified in the Notice, allowing wideband systems to aggregate channels in the narrowband public safety allocation. In addition, while not the optimal choice, wideband systems could also be allowed in the proposed new 700 MHz public safety spectrum guard bands (proposed Block B (768-769/798-799 MHz) and Block C (775-776/805-806 MHz)), but only if the Department adopts safeguards to prevent interference from wideband systems into adjacent operations. 6 Though the present consultation concerns only the restructuring of the narrowband public safety spectrum within the 700 MHz band, ALU notes that spectrum harmonization also would significantly enhance the prospects for deployment of critical new services throughout the entire public safety spectrum designation in the 700 MHz band, including Block A as identified in the Notice. ALU thus urges the Department to move ahead promptly with a consultation to designate public safety broadband spectrum in the 700 MHz band that is harmonized with the U.S. 700 MHz public safety broadband spectrum plan. II. Comments on Section 3.0 The 700 MHz Public Safety Spectrum Designated for Narrowband Use Should Be Harmonized with the U.S. Band Plan. The Department proposes to designate 770-776 MHz and 800-806 MHz for public safety communications use and to consolidate narrowband public safety operations in the upper end of the 700 MHz spectrum designated for public safety use. Further, it proposes to license narrowband public safety systems in the bands 769-775 MHz and 6 It should be noted that the spectrum encompassed by Block C is not allocated for public safety use in the United States. 3

799-805 MHz, consistent with the plans adopted by the FCC for the United States. 7 ALU supports both these proposals. The Notice observed that given U.S. changes to the 700 MHz band, Canada no longer has any public safety bands that are harmonized with the United States. 8 The Notice recognizes, moreover, that [h]armonization of the 700 MHz band with the United States is critical for radio equipment economies of scale and interoperability. 9 The proposed narrowband designation addresses both deficiencies in the current band plan. Specifically, it would enable public safety agencies in Canada to take maximum advantage of economies of scale regarding equipment prices and it would allow Canadian public safety agencies to communicate with their U.S. counterparts using 700 MHz frequencies, as well as avoid interference issues. ALU therefore encourages Industry Canada to adopt the band plan set forth in Figures 4 and 5 of the Notice in order to accommodate the licensing of narrowband public safety systems. III. Comments on Section 4.0 The Department Must Assess Whether Any Wideband Operations Should Be Allowed And, If So, Such Operations Should Not Threaten Adjacent Operations. Section 4.0 of the Notice solicits comment as to whether wideband operations should be allowed in the 700 MHz band and seeks input on the following two options: Option 1: Allow the aggregation of narrowband channels in the 769-775 MHz and 799-805 MHz bands; 7 Notice, Section 3.0, p. 5. 8 Notice, Section 3.0, p. 4. 9 Notice, Section 1.0, p.1. 4

Option 2: Allow wideband systems to operate in Block B and/or Block C (the proposed newly-designated guard bands). As an initial matter, ALU urges the Department to consider carefully whether wideband systems are in fact warranted, given the demand for narrowband applications and the capabilities that broadband technologies can deliver in Block A with their higher data rates, equal or better coverage, and notable cost advantages (see Section IV below). In light of the extensive benefits afforded by broadband technology, the Department should assess whether the public is best served by diverting limited resources to wideband technology. Nonetheless, if the Department decides to allow limited wideband operations in the public safety spectrum, Option 1 is clearly the better choice to meet public safety needs. Thus, public safety agencies that demonstrate a need to operate wideband systems could aggregate narrowband channels to do so. ALU doubts the wisdom, however, of setting aside any particular amount of the narrowband public safety spectrum for wideband operations. Given the Department s recognition of the immediate need to continue to deploy narrowband public safety systems 10 and the lack of certainty as to both the demand for wideband systems and the long-term commercial viability of wideband technology, ALU believes that it would be ill-advised to arbitrarily limit the amount of spectrum available for narrowband operations. While Option 2 is less desirable, ALU suggests that the Department place the following two conditions on any wideband operations in Block B: Wideband operations may not interfere with operations conducted in the adjacent public safety blocks; and 10 See Notice at Section 1.0, p. 1. 5

Wideband operations must be conducted on a secondary basis visà-vis future public safety systems operating in Block A (i.e., wideband systems should not be permitted to claim harmful interference from adjacent public safety operations). The above restrictions are necessary to protect both the effective provision of narrowband services and the potential future broadband public safety applications in Block A, which offer significant benefits over wideband operations (see Section IV below). IV. Additional Comments Canada Should Proceed Expeditiously to Designate Broadband Spectrum for Public Safety Use in Harmony with the United States. Though the present consultation concerns only the redesignation of the narrowband spectrum within the 700 MHz public safety band, 11 ALU urges the Department to move quickly to initiate a consultation to designate 700 MHz public safety spectrum for broadband operations. ALU strongly supports full public safety spectrum harmonization with the United States. 12 In its decision allocating a segment of the 700 MHz public safety band exclusively for broadband use in the United States, the FCC found that: The communications needs of public safety have evolved in recent years, and the record in this proceeding affirms our expectation that wireless broadband services will play an essential role in the ability of public safety entities, especially first responders, to fulfill their mission to protect the health, welfare and property of the public. 13 11 Notice at Section 2.0, p. 4 ( The narrowband consultation is the focus of this paper. The broadband issue will follow in a separate consultation. ). 12 ALU therefore supports a public safety broadband designation that expands current Block A by 2 MHz, as envisioned by the Notice. Block A will be subject to a future consultation that would look at harmonizing with the United States with respect to the broadband designation in the bands 763-768 MHz and 793-798 MHz. Id. at Section 3.0, p. 6 Fig. 4. 13 See Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band, PS Docket No. 06-229, et al., Second Report and Order, FCC 07-132 (rel. August 10, 2007), at 235. 6

The public safety benefits of broadband communications are no less critical in Canada. Indeed, the Notice acknowledges that broadband public safety systems are an important matter[.] 14 ALU identifies here some of the key benefits associated with broadband systems: New Applications. Among other things, broadband public safety systems will enable police, fire and rescue personnel to transmit real-time, full motion video from any location or to any other location, live video from an emergency scene to a command center, and building diagrams, blueprints and mug shots to personnel in the field. These new capabilities will revolutionize public safety communications, offering new applications that can save precious time in emergency situations and thereby save lives. Significant Throughput and Economical Coverage. For an equivalent celledge data rate, broadband technologies are able to provide comparable or greater coverage than wideband, with significantly higher system capacity, at a lower price per site and, with a well-engineered design, at a comparable system-wide cost. Furthermore, in comparison to a wideband system in a oneto-one overlay of existing narrowband transmitter locations, a broadband system can provide the same data rate at the cell edge as a wideband system and can offer higher throughput than wideband throughout the coverage area. Wide Variety of Equipment Vendors. Because of the vibrant competitive market that has developed for broadband equipment, public safety agencies will have the ability to select from among multiple broadband equipment providers unlike in the wideband market, where the number of vendors is limited. This competitive environment will benefit public safety agencies by creating systems tailored to agency needs, by fostering innovation and, of course, by competitive pricing. In addition, if the Canadian spectrum for broadband public safety use is harmonized with the U.S. broadband public safety allocation, Canadian public safety agencies operating broadband systems will be able to take advantage of the same benefits predicted for operators of narrowband systems better public safety communications, lower equipment costs, and better interoperability with their American counterparts. 14 Notice at Section 1.0, p.1. 7

For all these reasons, Industry Canada therefore should move expeditiously to consider public safety broadband requirements in Canada and identify the 763-768/793-798 MHz spectrum for broadband use. Prompt action will quickly bring the benefits of broadband communications to the Canadian public safety community and to the public at large. V. Conclusion. Industry Canada has an historic opportunity to maximize the potential of the 700 MHz public safety spectrum and encourage the rapid deployment of new interoperable public safety networks throughout the country. For the reasons discussed above, Alcatel- Lucent urges Industry Canada to quickly harmonize the Canadian band plan for the 700 MHz narrowband public safety spectrum with that adopted in the United States and to take the steps suggested above to protect future broadband operations in this spectrum from possible interference from wideband operations. Further, we urge Industry Canada to move forward and initiate a consultation to designate public safety broadband spectrum in the 700 MHz band. Respectfully submitted, April 4, 2008 /s/ John Marinho Vice President Global Government Affairs Americas Alcatel-Lucent 1100 New York Ave., NW Suite 640 Washington, DC 20005 (202) 312-5900 8