Your blogger did not attend last week’s meeting of the National Public Safety Telecommunications Council in DC, but a fellow alumnus of the FCC’s former Field Operations Bureau did and provided us with these notes of the discussion on the pending spectrum enforcement cutbacks and has graciously allowed us to use his notes. NPSTC is supported financially by US Department of Homeland Security's Science and Technology Directorate, Office for Interoperability and Compatibility (OIC),and the National Protection and Programs Directorate, Office of Emergency Communications (OEC). However, its views “do not necessarily represent the official position or policies of the U.S. Department of Homeland Security”.

We note that on June 1, the FirstNet Public Safety Advisory Committee will discuss the same issue at its meeting in San Diego.

The FCC presentation was from William Davenport, Deputy Chief, EB.

Our current structure is unsustainable.

Background:

The field is largest part of the EB. It was its own bureau once upon a time. In the 1990s it was about 300 people. Over time it shrunk. Current field structure is 108 employees in 23 field offices plus EDG. 63 Agents, 21 managers, 10 admin staff, 8 EDG engineers and others. $21M to operate field; 70% is salaries.

Current model of the field is broken. Adopted more than 20 years ago and has been in need of close examination for years. Based on regulatory model that simply doesn’t exist anymore. Modern enforcement is about responding to wireless IX complaints, not conducting random broadcast inspections.

Current situation has been to eliminate field offices through attrition. Several offices are nearly empty, with two layers of middle management and outdated equipment.

FCC budget has been flat for several years despite rising costs.

We realized we needed to establish a clear linkage between the FCC’s priorities and the field’s mission. We began by figuring out how to execute activities in the most efficient and cost effective manner. Field modernization strategy was developed to refocus the field around its core mission and create a model that would be viable for the next ten years.

Over a 5-month period, 160 interviews were conducted. Looked at field operations at other agencies. We learned that our field work isn’t being prioritized properly. Everyone agrees that #1 priority is resolution of RFI.

When we looked at EBATS data, we were surprised to learn that only 40% of time was spent on RFI. Of this work <10% was PS related. Many offices do not have much RFI work. Some offices receive <1 RFI complaint/agent/week. One office received 1 complaint/agent/5 weeks. Work is supplemented by tower inspections (1300) with only 1 in 10 turning into actual cases (lights actually out), 440 broadcast inspections.

Most field offices receive just 1 PS complaint per month or less. Have to ask whether it makes sense to spend hundreds of thousands of dollars keeping these offices open.

25% of time doing non-operational work, like drafting sanctions, online training and waiting for the plumber. Field agents have complained about this for years.

Productivity problems have also been worsened due to inefficient management structure – employees have also complained about this for years. We didn’t want to cut back management in case hiring authority was restored. Now, 3, 4, or 5 layers of review are required for sanctions.

Offices are too big and too expensive. 20% of field budget is spent on rent. Some office rents are above market rate. Average space is 900 sf per employee vs. 270 sf at HQ. One office has almost 4000 SF. As time passed, there has been no authority to backfill and so space per employee grew and grew.

There are significant overhead expenses of $77k per FTE (double HQ).

Response to problem:

Field agents will spend more time in field working on RFI matters. Outside of Columbia, offices will be focused on RFI issues exclusively. The “Tiger Team” is not a substitute for other field offices; it is a support team for other offices but will also handle mid-Atlantic region response duties and headquarters initiatives.

Our performance will not decline. We will continue to meet speed of disposal goals, for example providing an initial response to PS complaints within 24 hours. Not all PS matters require an immediate on-scene response. We will reduce # of managers from 21 to 5. Ratio will be 1 manager per 10 agents.

Pre-positioning vehicles in SJ, Honolulu, Anchorage, Phoenix, Denver, SLC, KC, Billings, and Seattle to enable agents to fly in. Expect to respond within 4-6 hours for 85% of all Part 90 matters, 90% of all PS matters, 97% of all RF complaints.

FAA has 7 agents to respond to RF issues who handled 2700 cases. FAA has fixed DF equipment at NY, CG, and LA. CBP has similar equipment.

Planning on improving qualifications of employees by making all agents EEs.

Savings from this plan will be reinvested into other high-priority enforcement initiatives. Focusing equipment development on more mobile solutions and increased training.

Implementation:

We understand that there are worries about loss of local knowledge and “cop on the beat” to expand new speed of disposal targets for non-PS cases. We will improve case tracking and establish targets beyond initial contacts. We will establish escalation procedures. We will improve our visibility by traveling throughout entire AOR, speaking at events, and meeting with stakeholders.

Commissioners are reviewing our recommendations. If approved, we will commence the reorganization immediately. This is the first phase of a larger project that will include improved training and databases. We want to set up an automated system for part 15 complaints so that OET can become aware of issues.

People don’t know how to contact the FCC. Even Federal agencies are filing complaints using the consumer web system. We plan to make office phone numbers available. A field director will be established in Washington whose entire purpose is to manage and promote the field.

It’s not physically possible for us to roll out a car for every single PS issue.

This is the first time I’m hearing these kind of stories. They help me make the case for more resources. I am going to push for EB to come back to NPSTC next year.

I’m hoping to make the field more central to the operation of the agency as a whole. Senior people at the FCC don’t know what the field does.

We hope to make the field as relevant as it can possibly be.

When we implement this plan, I’m sure there will be lots of issues and challenges. We have commitment from the chairman to fund this plan and use the savings towards training and better offices.

Procedurally, the Commission adopts the plan through an Order, which amends the FCC’s rules. Then, there is a two-track process: consult with the Appropriations Committees to reappropriate funds for buy-outs, etc. and negotiate with NTEU (30 days notice and 120 days negotiation). Then, there could be mediation and potentially arbitration. Hoping to get this all done sometime in the Fall.

While some promises may be written in water, Commissioners and very senior people in the agency have been promised that “a chunk of” the savings will go back into the field with new equipment, databases, training. There’s no way that we can back off from the resource commitments that we’ve made.

I’m counting on groups like this to keep up the pressure. That way, we’ll be better able to support more staff and other enhancements to field enforcement.

NPSTC Audience Comments and Questions:

FCC should have come to PS first with this proposal. We should not have heard about this through outside sources.

We quit calling the FCC because it took too long for them to respond. Can we now start calling FCC again?

Response means you are headed out of the office, not making a phone call.

Over the past few years, there has been a disconnect between the FCC field offices and PS. Field offices used to be engaged with PS. Current office staff is less engaged. We try and work out problems with wireless companies, but two weeks later the problem recurs. When we call wireless companies, we get a voicemail box that is full. Having PS fend for itself is a problem.

We’ve lived through many reorganizations. They are always designed to improve service to the public, but they eventually come face to face with the agency’s financial reality. Things have gotten so bad in the past that there was no money to purchase fuel for the DF cars.

The CSMAC and the TAC have prepared reports on spectrum sharing. Critical to the success of spectrum sharing is the ability to resolve interference in real time; not weeks or months. On the one hand there is an FCC initiative to encourage sharing, but red flags were raised all along (including by DoD) that interference and enforcement are critical to the success of spectrum sharing.

Prioritizing interference resolution needs to be done up front or you are not going to attract investment in spectrum sharing technology or you will chill government agencies.

In this case the field has a key, vital role in ensuring that investment is, in fact, a wise investment. On the one hand, we’re encouraging sharing; on the other we’re trying to make enforcement more efficient. Any paper plan often times doesn’t quite match reality.

We all deal with flat budgets; you’ve mentioned lots of improvements, which will cost money. Will there be a provision to allocation some of the savings toward these improvements? Otherwise, I’m hearing you say that “the check’s in the mail.”

Tags: enforcement