This article bears on the RFI ruling that I recently sent around. The planned appeal by the county is highly unlikely to be successful. Chris

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.