1001 G Street, N.W. Suite 500 West Washington, D.C. 20001 tel. 202.434.4100 fax 202.434.4646 Writer’s Direct Access Albert J. Catalano (202) 434-4207 [email protected] January 10, 2020 VIA ECFS Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Notice of Ex Parte Presentation, BRETSA Petition PS Docket No. 19-254 Dear Ms. Dortch: On January 9, 2020, Lonna Thompson and Kristen Walenta of America’s Public Television Stations (“APTS”) and the undersigned counsel to APTS met with David Furth, Michael Wilhelm, Roberto Mussenden, Alex Espinoza, Brian Marenco and Erika Olsen (by teleconference) of the Public Safety and Homeland Security Bureau to discuss issues important to APTS and public safety in this proceeding. During the meeting, APTS representatives highlighted the benefits of digital datacasting, a one-to-many technology that allows broadcast television signals to deliver encrypted and targetable IP directly to first responders. We discussed the support of the technology by the United States Department of Homeland Security and the success of existing datacasting systems in Las Vegas, Harris County, Texas, and the State of Tennessee. Public television is also actively developing and testing consumer alerting applications for earthquake, fire and other natural disasters and is working with the national guard and other agencies to improve access to helicopter video. We presented the attached informational materials to Bureau staff. At the meeting, we emphasized the following: As part of their mission, public television stations across the country are fully committed to serving the needs of public safety. One of the hallmarks of public television is our broad coverage. This is especially relevant to public safety in rural areas where access to other networks may be limited or nonexistent. Washington, D.C. Brussels San Francisco Shanghai Paris This document was delivered electronically. www.khlaw.com KELLER AND HECKMAN LLP Marlene H. Dortch Federal Communications Commission January 10, 2020 Page 2 Digital datacasting is a one-way technology that, even standing alone, brings large benefits to public safety, including early earthquake warnings. Datacasting supports encrypted delivery of video, files, alerts and other data to specifically targeted first responders. The technology can be used to complement Land Mobile Radio as well as LTE public safety networks, including the FirstNet/AT&T (“FirstNet”) and Verizon networks. APTS and its member stations have sought for a number of years to work with FirstNet and AT&T to complement FirstNet’s services and coverage through the integration of datacasting into the FirstNet ecosystem. APTS member stations agreed in principle to commit 1 Mbps of their spectrum to support FirstNet in an industry resolution approved in February 2016. Public safety users would enjoy great benefits if datacasting was interoperable with the FirstNet network. The licensed spectrum of public television stations is already operational with billions of dollars’ worth of hardened facilities across the country, including in rural America. Datacasting also allows for communications of one-to-many without overload or congestion – which reduces the need for preemption of the public’s cell phone communications during periods of high use in emergencies. The existing backhaul infrastructure of public television, including satellite, fiber and microwave networks that bring content to stations for transmissions to their viewers would be available for public safety communications. To fully integrate digital datacasting into the FirstNet ecosystem and create a seamless two-way interoperable communications path, cooperation from FirstNet is needed. While several exploratory meetings have been held among the parties over the past four years to discuss such cooperation, to date neither FirstNet nor AT&T has been willing to open serious discussions with APTS on a way forward to integrate public television datacasting technology into the FirstNet ecosystem. APTS seeks first and foremost to work with FirstNet and AT&T in a cooperative approach to meeting the nation’s public safety needs. However, unless this cooperation is forthcoming from FirstNet and/or AT&T, the Commission may wish to engage through oversight or other action to ensure that the nation’s first responders have the full benefit of public television’s datacasting capability. This document was delivered electronically. KELLER AND HECKMAN LLP Marlene H. Dortch Federal Communications Commission January 10, 2020 Page 3 In an ideal world, the Commission would encourage the integration of datacasting and, if necessary, mandate that ATSC 3.0 broadcast chips be included in all public safety phones and devices. Such action would allow for a transparent hand-off of datacasting from public TV broadcast stations to the public safety LTE network allowing for a two-way mobile communications path. These broadcast chips have already been integrated into phones in South Korea, while the United States lags behind. The Commission should proceed with an inquiry to examine how the current interoperable arrangements that FirstNet and AT&T have established are serving public safety, particularly in rural areas. In light of the Commission’s responsibilities for oversight of the FirstNet license, this inquiry on interoperability, with a special focus on rural coverage, should proceed regardless of whether or not the Commission finds the current arrangements lawful. Even assuming that FirstNet and AT&T are correct that they are not required to do more than they are currently doing to integrate other public safety networks and services, the Commission should examine whether this interoperable arrangement is satisfying the needs of public safety users, particularly in rural areas where FirstNet/AT&T coverage may be lacking. Of course, the Commission is free to conduct an inquiry on FirstNet’s service to rural public safety users in a separate proceeding. Please let APTS know if you have any questions. Respectfully submitted, Albert J. Catalano Counsel for America’s Public Television Stations This document was delivered electronically. Attachment Stories from the Street Datacasting: Improving Video Streaming and Data Sharing for Public Safety Public Safety Challenge In an emergency, first responders need access to timely and relevant data to make informed decisions. Traditionally used networks are meant for voice communication Datacasting provides the ability and do not have the capacity to transmit large amounts of data, particularly video. to deliver secure, high-quality Although voice communication is important, videos and images enhance situational awareness. data and video to emergency Traditional networks can also become overloaded or completely fail as the network services personnel. “Getting that becomes saturated by public use, leaving public safety agencies competing for the same network resources as the general public to send mission-critical information. ‘eyes-on’ look at a situation or First Responders Group (FRG) Solution specific location is a huge help to Quickly and reliably sharing information between public safety officials can be a the first responders. Having that challenge, but it shouldn’t be. Datacasting provides a solution for public safety users to quickly share secure data, including voice, text, files, images, and video to a select real-time, crucial video delivered audience. Through its use, first responders have a reliable means to stay connected, maintain situational awareness, and access information they need. reliably, lets the different teams On using traditional means of communications versus datacasting, LT. Bret Collier, know what they’re heading for, Chief of Staff for the University of Houston Police Department said, “Something always gets lost in translation. The advantage to this (using datacasting) is we and how to prepare for it.” can send video directly to the officers (and) they can look at an image and know exactly what they are looking at.” —Jack Hanagriff of Houston’s Since datacasting uses existing public television infrastructure, it also provides an Office of Public Safety and effective method to relieve traffic from traditional wireless infrastructure. Network Homeland Security congestion may cause other wireless services to fail, but datacasting’s bandwidth is expandable and will continue to provide reliable support. Additionally, public television stations can reach 97% of the U.S. population today, including rural areas and territories, allowing this technology to be accessible almost anywhere in the country. Testing the Technology FRG and its partners, Johns Hopkins University Applied Physics Lab and SpectraRep, conducted several successful pilots, tests, and experiments in 2015 and 2016 in Houston, Texas; Chicago, Illinois; Washington, D.C.; and Boston, Massachusetts. The pilots demonstrated datacasting’s ability to support public safety communications in an operational environment, as well as its ability to integrate with other communications systems. Our Technology in the Hands of First Responders “This software is giving us the Since the successful testing, Houston has used the technology during the following large-scale events and emergency situation, and will continue to use it for its day-to-day operations and upcoming large-scale events: ability to quickly and easily Datacasting helped responders provide seamless security at the Republican Presidential accommodate