Wednesday, Sept. 10, 2003 | 11:16 a.m.
CARSON CITY -- The Nevada Board of Examiners on Tuesday recommended the release of $14.5 million in emergency funds for improvements to the Nevada Highway Patrol radio system.
But NHP Chief Dave Hosmer said the state may still be fined by the Federal Communications Commission, and other experts are warning that the proposed solution will only be a temporary fix, so the state will have to spend millions more a few years from now.
The patrol has been using unlicensed radio frequencies for eight months and counting, and the patrol's radio transmissions interfere with other radio users, possibly compromising public safety and homeland security, the FCC noted in a letter to state officials last week.
Also still unresolved is who is to blame for the costly mistake. The patrol's internal investigation remains unfinished.
But the order of the day for the Board of Examiners on Tuesday was allocation of money to try to fix the problem rather than getting to the root of the cause and considering all the possible effects of the problem. The board recommended using money from an emergency fund to switch the patrol's radio communication over to an 800-megahertz system operated by the state Transportation Department.
The department already operates an 800-megahertz system and the patrol could tie into that once that system is expanded, said Robert D. Chisel, the state Transportation Department's assistant director for administration.
The state paid $11 million for the present system, which was built by Motorola Inc. and was first put to use by the patrol in 2000. The problem is it has operated on VHF frequencies without approval of the FCC. Some of the 150-megahertz frequencies are dedicated by the FCC to railroads, which have complained that traffic by the highway patrol interrupts their communications.
Most of the recommended emergency funding would be spent on installing 11 more mountaintop relay towers to allow communications via the 800-megahertz system to some of the dead spots in the state.
Chisel said he expected the work to be completed in one year. He said his agency will need five more positions to maintain the mountaintop equipment but that the cost for the positions would be a wash for the state since the Highway Patrol would be eliminating eight positions, radio system technicians.
Gov. Kenny Guinn, chairman of the examiners board, sought assurances that this new system is not a split system but one that the whole state could use.
Chisel said the system for the state would provide voice and data transmission and allows for expansion in the future. Chisel also said the Las Vegas Metropolitan Police Department is considering going to a 700-megahertz system, but it could be linked with the state's 800-megahertz system. On the other hand, the highway patrol in rural Nevada will have to continue to use the 150-megahertz VHF system to communicate with local sheriffs. That's because the rural county law enforcement officers do not have 800-megahertz systems.
The Legislative Interim Finance Committee will have the final word on the emergency expenditure, and the committee meets Sept. 16. The committee is expected to have a lot of questions about the program, but it will probably approve the funding, officials said.
Hosmer and Chisel said the money can't come soon enough because the FCC is breathing down the state's neck.
"We're admonished for continuing to use unlicensed frequencies," Hosmer said. "It could result in fines."
Chisel told the examiners board that the FCC was "pleased with the direction we're going. They are not pleased with the length of time."
In a Sept. 2 letter to attorneys for the state, the FCC said it was "extremely troubled that Nevada still does not have a concrete plan for ceasing its unauthorized operations and bringing its radio system into full compliance" with federal law and the regulations of the agency.
David Solomon, chief of the enforcement bureau of the FCC, said the federal authorities had asked the state to confirm by June 9 that it had stopped using the unauthorized frequencies.
"Nevada failed to comply with this directive and continues to operate on many frequencies without commission authorization," said Solomon. "This continued, intentional violation of the Communications Act is not acceptable, particularly given that such unauthorized operations may cause harmful interference to licensed radio systems, some of which may be used in connection with public safety, homeland security and mass transportation operations."
He said the state's failure to comply with the rules "may result in additional enforcement action, including substantial monetary forfeitures and might also raise issues as to whether Nevada is qualified to receive FCC licenses in the future."
Hosmer said Tuesday and other state officials will meet with the FCC on Sept. 25 in Washington D.C. to talk about the problem. He said he did not expect any final decision on a penalty until after the FCC completes its investigation, and that won't occur until the state finishes its inquiry and turns its information to the federal agency. There is no estimate when the state's inquiry will be completed.
The NHP is handling the investigation into who failed to get approval from the FCC to use channels on the 150-megahertz system. Authorities said there have been 45 interviews and reviews of 219 boxes of documents so far, with 6,500 hours have been spent on the inquiry. The results of the investigation will be turned over to the Attorney General's Office, the Federal Communications Commission, the state Ethics Commission and probably other bodies.
Mel Pennington, an engineer for the highway patrol who was involved in development of the present radio system, said he received temporary permits from the FCC to allow the patrol to use the frequencies. But they expired in December 2002.
He said headquarters ignored his pleas to seek extensions of the temporary permits and to seek permanent authorization for the frequencies.
"I told them more than a year ago," that the temporary permits were going to expire, he said Tuesday.
He said he talked to both former state Public Safety Director Richard Kirkland and Hosmer about the problem.
"The sad thing is this (radio) system works well," Pennington said.
Pennington, who retired in January and now lives in Washington state, said the 800-megahertz system is 20-year old technology and will have to be replaced in "a couple of years." Chisel told the examiners that the 800-megahertz system could be used for several years.
Pennington knows he may be the target of any investigation and he welcomes an independent inquiry. But he said that having NHP conduct the probe is "like the wolf watching the hen house."
There may be additional costs to come no matter what, Chisel cautioned. The FCC, said Chisel is suggesting a "P25 standard" for radio frequencies. But he said that is not mandated. If the federal agency orders this, than it will cost an additional $700 to convert each radio.
The potential total cost has not been tallied but it would be large because all of the many state agencies that use the radios -- not just NHP and state transportation crews but also divisions such as parole and probation and investigations -- would also have to be changed.
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