[Scan-DC] FCC unit throws out county cell-phone law Arundel vows to appeal ruling to full commission

[Marcelrf@bellsouth.net]

FCC unit throws out county cell-phone law Arundel vows to appeal ruling to full
commission

By Andrea F. Siegel
Sun Staff
Originally published July 9, 2003

Federal regulators have thrown out an Anne
Arundel County ordinance aimed at mitigating
cellular telephone interference in local public safety
transmissions.

The ruling, made public Monday, is a win for the
wireless industry. But county officials vowed to
appeal the ruling to the full Federal
Communications Commission because it bars the
county from preventing towers and networks
where the county believes they would cause
interference.

The ruling by the FCC's Wireless
Telecommunications Bureau says federal law
supercedes the county's move last year to use its
"traditional zoning functions" to regulate radio
frequency interference.

But the FCC's bureau also ordered Cingular
Wireless LLC and Nextel Communications Inc. to
meet with the county and for all to report back in
30 and then 90 days on progress in alleviating
interference. Those efforts, which have gone on for
more than a year, have reduced known "dead
spots" in the public safety communications system
from 61 to 21.

Nationally, news accounts have highlighted
interference with public safety communications
from the rapidly growing networks of
communications towers whose signals overpower
police radios, some of which predate the wireless
boom.

In 1997, Anne Arundel began experiencing
problems from wireless networks with the 800 MHz band used for police,
sheriff and fire communications.

In 2001, a consultant found that the radio failures clustered around Nextel
and Cingular sites. Nextel made moves to work with the county, but Cingular
"initially declined" to provide key information, although it since has worked
with the county, the ruling says. The county, planning to upgrade its radio
system, amended its law, and Cingular filed the challenge.

In a 16-page opinion and order, the FCC bureau wrote that it is worried
about wireless interference with public safety transmissions and said the FCC
is working toward alleviating such issues around the country.

"Particularly in light of recent events and the nation's heightened concern
regarding homeland security, we expect carriers will make every effort to
assist local governments addressing public safety interference issues, and we
are committed to taking an active role where necessary to assure that such
cooperation occurs," wrote John B. Muleta, chief of the bureau.

In a statement, Cingular said it was pleased with the ruling.

"Cingular and other carriers have worked with the County when its system
has experienced [interference]," the statement said. "Cingular will continue to
cooperate with the County."

Nextel and the county have worked out an agreement on use of the airwaves
that should help, as should the county's upgrade to the public safety
communications system. But neither will cure the problem.

Anne Arundel County Attorney Linda M. Schuett said the ruling is "huge" for
the county, which spent $300,000 to analyze the problem. The county
enacted a zoning law last year that denied carriers new sites unless they
certified that the transmissions would not interfere with the public safety
channel.

"When police officers and firefighters cannot talk to each other, there is a
potential for someone dying," said Schuett.

Although no injuries have been attributed to the problem in Anne Arundel,
she said, there have been problems.

"There are areas where police officers know they cannot speak to each
other, and they won't stop a suspect in that area," Schuett said.

http://www.sunspot.net/news/local/annearundel/bal-ar.cellular09jul09,0,129070.story?coll=bal-local-arundel