Arent Fox Telecommunications

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Please contact Jeff Rummel, Partner, for further information on any of the issues addressed in this Update (202-715-8479; [email protected]).

To keep in touch with our efforts in this area, and for many useful resources, please see our new “Public Safety, Homeland Security and Defense” website at: www.arentfox.com/practices/telecom/publicsafety

Arent Fox Telecommunications

Public Safety, Homeland Security and Defense Update

September 2009 – Vol. II

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 Update (202-715-8479;

[email protected]

).

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:

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“FCC Seeking Public Comment on Public Safety/Homeland Security &

Cybersecurity Elements of National Broadband Plan – Comments Due By:

November 12, 2009”

“Senate Bill Seeking to Extend Time for Public Safety Grants”

“Summary Available for Workshop on Cyber Security - September 30”

FCC Workshops

“Transcript Available for August 25 Workshop on Public Safety and Homeland

Security”

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FCC Seeking Public Comment on Public Safety/Homeland Security &

Cybersecurity Elements of National Broadband Plan – Comments Due By:

November 12, 2009

In a Public Notice released yesterday (see attached scan), the FCC has requested public comment as to how further developments in broadband service can meet specialized public safety requirements (e.g., coverage, hardening, reliability, etc.). The FCC explains that if such wireless capability was available to public safety, for example, "it could allow firefighters to receive a recent video of a fire scene or perhaps blueprints or understand where hazardous material is located even as they proceed to the fire scene or police officers to receive videos of a crime scene or an accident or even a suspect or evidence. Further, improved broadband services could enhance the public’s ability to call for help in emergencies

and public safety’s ability to provide warnings, alerts, and emergency information to Americans in times of emergency or need." The acknowledges that these requirements must be balanced with concerns regarding cyber attacks and similar threats to network security.

Please see the attached scan of the Public Notice for all of the categories on which the FCC has requested comment. Some of the topics that may be more relevant to the company include the following:

1. Public Safety Mobile Wireless Broadband Networks

- How to best meet the needs of the public safety community for mobile wireless networks.

- How are public safety agencies making use of broadband networks today?

- Current and anticipated public safety device and applications needs (and extent of broadband infrastructure/backhaul required to support public safety applications; technologies & solutions to meet these requirements)

- Definition and quantification of both mission critical voice and mission critical data - Specific requirements for hardening of cell sites and other network facilities, and for

other requirements of network survivability and disaster recovery

- Studies or other data demonstrating whether and how the requirements needed for urban, suburban, and rural environments currently differ and how they are expected to differ in the future

- What actions must the Commission or other entities take to ensure interoperability among public safety broadband systems?

2. Next Generation 911 (NG911)

- How broadband technologies can be used by the public to better communicate with emergency responders when they make 9-1-1 calls.

- What are the broadband infrastructure requirements necessary to support deployment of NG 911 capability?

- To what extent are NG911 and near-NG911 technologies and services being deployed today?

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FCC Seeking Public Comment on Public Safety/Homeland Security &

Cybersecurity Elements of National Broadband Plan –

Comments Due By: November 12, 2009 (cont’d)

3. Cybersecurity

- What type of computer-based attacks against government or commercial computer systems or networks (i.e. cyber attacks) are occurring or are anticipated to occur

- What are other federal agencies, commercial, and other entities doing to prevent, detect and respond to cyber attacks?

- How are other federal agencies of the United States and other governments

collaborating with the communications segment to prevent, detect, and respond to cyber attacks?

- Do end-users have sufficient independent information to make good decisions between communications providers that may differ in the extent to which they implement cyber security measures?

- How widely are cyber security best practices implemented by communications providers and what are these best practices?

4. Alerting

- To what extent are broadband technologies currently being used as part of public emergency alert and warning systems?

- How can broadband technologies improve the effectiveness of emergency alerts for all Americans, including people with disabilities, people living in rural areas and people who do not speak English?

Comments on this Notice are due by November 12, 2009 - Please let me know if you are interested in discussing this proceeding, filing comments, and/or monitoring those comments that are filed by other parties.

Senate Bill Seeking to Extend Time for Public Safety Grants

The Senate Commerce, Science, and Transportation Committee has just introduced a bill to extend for up to two years the time that public safety entities could receive grants for

interoperable communications systems.

The public safety interoperable communications (PSIC) grant program was first established as part of the Deficit Reduction Act of 2005 (Pub. Law No. 109-171), which provided $1 billion in funding. The PSIC provides funding for state projects that arm public safety personnel with interoperable communications equipment and the necessary training for system users. Under this new legislation which was introduced by Sen. John Rockefeller (D-W.Va.) and Sen. Kay Bailey Hutchison (R-Texas), the agency would have until September 30, 2012, to complete its task of distributing grants. Hutchison said the extension would provide first responders with the flexibility to complete their communications upgrades.

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Topic: FCC Workshops

Summary Available for Workshop on Cyber Security - September 30

In connection with the FCC's review of issues related to public safety and homeland security concerns, including interoperability, redundancy, cyber security, 911, and pandemic response, the FCC is holding a "Cyber Security Workshop" tomorrow.

The Workshop is intended to examine the nation’s ability to prevent, detect and respond to cyber attacks and how broadband technology can enhance the nation’s cyber security efforts. The workshop will also look at the challenges that broadband technologies can bring to cyber security efforts. The workshop will bring together representatives from the public safety community, government agencies, industry, and academia to discuss these issues. The first panel will focus on which broadband technologies, tools, and innovations are needed to prevent cyber attacks on the nation’s critical communications infrastructure. It will also focus on the cultures and policies that are needed for those technological innovations and tools to work effectively. The second panel will focus on which broadband technologies, tools, and

innovations are needed to detect cyber attacks and to restore communications systems after an attack occurs. It will also focus on the cultures and policies that are needed for those

technological innovations and tools to work effectively.

Please let me know if you would like me to provide you with a summary of the issues addressed at this workshop.

…

.

On 8/25, the FCC held a workshop the goal of which was to examine existing and potential uses of broadband technology by public safety entities and ways in which broadband technology can enhance homeland security. The workshop involved representatives from the public safety community, government agencies, industry, and academia to discuss interoperability, redundancy, cyber security, 911, and pandemic response, among other issues.