ORDINANCE No. 182482

Authorize an Intergovernmental Agreement with Multnomah County for 800 MHz Public Safety Radio Rebanding Program Work (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  On August 6, 2004 the FCC issued Report and Order FCC 04-168 that modified its rules governing the 800 MHz band to minimize harmful interference to public safety communications systems. On December 22, 2004 the FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294. The August 6 and December 22, 2004 orders, and any supplemental orders the FCC issues, are collectively referred to as the “Order.”

2.  Pursuant to the Order, certain licenses of 800 MHz channels used in public safety or other systems must relinquish their existing channels and relocate their systems to other licensed channels (Replacement Channels); and Nextel must relinquish some of its existing channels and must provide and pay relocation funds (Relocation Funds) to enable affected licenses to relocate their systems onto Replacement Channels and reconfigure their systems so that they are “Comparable Facilities”.

3.  The FCC has appointed a Transition Administrator (TA) to assure that the rebanding initiative proceeds on schedule and in a planned and coordinated manner so that disruption to a licensee’s system is minimized. In the TA’s published “Reconfiguration Handbook,” the two major phases to accomplish the reconfiguration are described as the “Reconfiguration Planning Phase” and the “Reconfiguration Implementation Phase.”

4.  The City has completed its Reconfiguration Planning Phase and is currently in the Reconfiguration Implementation Phase of rebanding its 800 MHz Public Safety Radio System.

5.  As part of that program, Sprint/Nextel is providing funds to pay for radio shop labor and materials involved in replacing and programming radios.

6.  As the 800 MHz license-holder, the funds are provided to the City of Portland.

7.  Multnomah County, in addition to maintaining its own public safety radios, maintains radio equipment for other governmental entities.

8.  This Intergovernmental Agreement (IGA) provides pass-through funding for Multnomah County to receive funds for the rebanding program work they perform on their Public Safety radios and those of other jurisdictions they support.

9.  This IGA is authorized pursuant to Chapter 190.110 and 283.110 of Oregon Revised Statutes and Section 2.105 (a) 4 of the Charter of the City of Portland.

NOW, THEREFORE, the Council directs:

a.  The Purchasing Agent is hereby authorized to enter into this IGA with Multnomah County, in a form substantially in accordance with the agreement attached as Exhibit A.

BACKING SHEET INFORMATION

AGENDA NO. 27, 46-2009

ACTION TAKEN:

JAN 14 2009 PASSED TO SECOND READING JAN 22 2009 2:00 P.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182482