Michigan Seeks to Share 700 MHz Public Safety Broadband Network with Utilities

The State of Michigan has filed a request for waiver from the Federal Communication Commission (FCC) to allow for construction and deployment of a 700 MHz public safety interoperable broadband network, and as part of the waiver, the State proposes to share the network with Consumers Energy and other utilities. This waiver is important and recognizes the public safety role of utilities. It is the second such waiver that has been filed with the FCC, following the lead of Nevada which partnered with NV Energy as part of a consortium proposing to operate a statewide 700 MHz public safety broadband system. As such, it reflects the growing interest of public safety in sharing these networks with utilities.

In its waiver, Michigan explained that "[e]lectric utilities protect the safety of life, health or property of Michigan citizens, as defined under Section 337 of the Communications Act of 1934, as amended, and should be allowed the use of 700 MHz next generation broadband applications and services. For that reason, Michigan Public Safety Communication System (MPSCS) is seeking a public/private partnership with utility companies in Michigan to build-out a 700 MHz public safety network in the State of Michigan. Consumers Energy, among others, has expressed a strong interest to participate in a public/private partnership help fund the construction of a Public Safety Broadband solution in Michigan that they would have authority to use as a secondary user on the system." Michigan also explained that utilities will "expand the user base of the network to help lower the cost of the system, will extend our emergency response capabilities in our mission to protect the public, and are an integral part of the deployment of this much needed network, as they bring the dedicated funding required for its construction in return for use of the network."

By way of background, the FCC has questioned whether Section 337(f) of the Communications Act can be interpreted to allow utilities to use the 700 MHz public safety broadband spectrum. That provision allocates the 700 MHz public safety spectrum for "public safety services" which are defined as services, "the sole or principal purpose of which is to protect the safety of life, health or property," and which are provided by government or authorized non-government entities and not made commercially available to the public at large. While the FCC recognized in its National Broadband Plan that there are many public interest benefits that can be gained by allowing utilities to share the spectrum with public safety, it questioned whether its legal authority under Section 337(f) would allow such sharing. Comments filed by UTC and others on the record at the FCC widely supported allowing utilities to share the 700 MHz public safety broadband spectrum. For more information, contact the UTC Legal/Regulatory Department.