Sheppard, Mullin, Richter & Hampton LLP 2099 Pennsylvania - - PDF document

Sheppard, Mullin, Richter & Hampton LLP 2099 Pennsylvania Avenue, NW, Suite 100 Washington, D.C. 20006-6801 202.747.1900 main 202.747.1901 fax www.sheppardmullin.com Brian D. Weimer 202.747.1930 direct bweimer@sheppardmullin.com

February 13, 2020 VIA ECFS Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Ex parte meetings and presentation between San Diego Gas & Electric Company and Commission staff - WT Docket No. 17-200 Dear Ms. Dortch: On February 11-13, 2020, Caleb Murphy, IT Solutions Architect for San Diego Gas & Electric (“SDG&E”), and Brian Weimer and Eamon Tierney, of Sheppard Mullin Richter & Hampton LLP and outside counsel to SDG&E, met with the Commission staff identified in Attachment A. The meetings focused on the broadband licensing plan proposed by Anterix, Inc. (f.k.a. pdvWireless, Inc.) in the proceeding referenced above. As the operator of critical infrastructure across southern California, SDG&E has long relied on 900 MHz spectrum as a fundamental component of its internal communications network. Access to 900 MHz spectrum allows SDG&E to better mitigate the risks of wildfire and other extreme weather events that have increasingly become problematic for electric utilities operating in southern California. SDG&E continues to build a private LTE network that it can rely upon in times of emergency, and the 900 MHz band is an important component of this network. As a threshold issue, SDG&E agrees with Southern California Edison (“SCE”) that realignment of the 900 MHz band into a broadband segment and two narrowband segments should first take into consideration the needs of public utilities and other critical infrastructure industry (“CII”) entities.1 During the meetings, SDG&E pointed out that CII utilities should be able to become broadband licensees, either individually or as a consortium. SDG&E also described the substantial challenges it would face if forced to lease 900 MHz spectrum rather than hold it outright. To address this issue, the Commission should give CII utilities and other CII entities seeking a broadband license priority in order to ensure that public utilities, especially those in

1 See Letter from Donald J. Evans, Counsel to SCE, to Marlene H. Dortch, Secretary, FCC, WT

Docket No. 17-200, Ex Parte Notice (filed December 6, 2019).

Marlene H. Dortch February 13, 2020 Page 2

regions prone to wildfires, have the opportunity to upgrade their systems as quickly and efficiently as possible. While SDG&E welcomes a realignment of the 900 MHz band, it believes the Commission should consider the significant public interest benefits in extending broadband license eligibility to all 900 MHz incumbents, including CII licensees. SDG&E respectfully requests the Commission consider the proposal SCE described in its Dec. 6, 2019 letter to the Commission.2 SCE’s proposal correctly explains why CII utilities require autonomous broadband access in the near term, a need which could be addressed by giving CII licensees the option to apply first for a broadband license in order to better manage and forecast the upgrade of their internal LTE systems. SDG&E also agrees with SCE and

• ther commenters that the definition of “complex system” should be reduced from the current

proposal found in the Notice of Proposed Rulemaking of “65 or more integrated 900 MHz sites.”3 SDG&E supports SCE’s proposal of “more than 25 incumbent channels”4 or, in the alternative, 25 or more integrated 900 MHz sites as the most accurate, consistent, and equitable definition of a complex system. This letter (as well as the powerpoint presentation shown to Commission staff during the meetings and found in Attachment B) is being filed electronically, in accordance with Section 1.1206(b) of the Commission’s Rules for inclusion in the record in these proceedings. Kindly refer any questions regarding this matter to the undersigned. Respectfully submitted, __/s/ Brian D. Weimer___ Brian D. Weimer SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Counsel to San Diego Gas & Electric Company Attachments: Attachment A – Commission Staff Attachment B – Powerpoint Presentation

2 Id. 3 See Review of the Commission’s Rules Governing the 896-901/935-940 MHz Band, Notice of

Proposed Rulemaking, WT Docket No. 17-200, FCC 19-18, ¶ 38 (rel. Mar. 14, 2019).

4 See Review of the Commission’s Rules Governing the 896-901/935-940 MHz Band, Reply

Comments of Southern California Edison, WT Docket No. 17-200, at 7 (filed July 2, 2019).

Marlene H. Dortch February 13, 2020 Page 3

Attachment A Meeting Dates and Commission Staff February 11, 2020 – Erin McGrath, Legal Advisor, Wireless, to Commissioner O’Rielly February 12, 2020 – William Davenport, Chief of Staff to Commissioner Starks Roger Noel, Division Chief of the Mobility Division Kari Hicks, Wireless Telecommunications Bureau February 13, 2020 – Will Adams, Legal Advisor to Commissioner Carr

Marlene H. Dortch February 13, 2020 Page 4

Attachment B Presentation

1

IMPROVING INTERNAL COMMUNICATIONS AND THE 900 MHZ BAND

San Diego Gas & Electric Company

» SDG&E is a critical infrastructure utility that provides electric and natural gas service to 3.6 million people or businesses in San Diego and southern Orange County, California. SDG&E – like its sister company, Southern California Gas Company (“SCG”) – is a wholly-owned subsidiary of Sempra Energy, a utilities holding company that indirectly serves more than 32 million customers nationwide. » SDG&E alone employs more than 4,000 people and has a service area of over 4,100 square-miles. » SDG&E is currently a site-based incumbent in the 900 MHz band.

2

Effects of Wildfires on SDG&E’s Operations

» In California, utilities remain strictly liable for any wildfire damage. » In 2007, three wildfires in Southern California destroyed 1,300 homes, killed 2 people, injured 40 others, and caused 10,000 to evacuate. » In 2017, SDG&E was held liable for $379 million in damages regardless of any real fault and paid approximately $2 billion in settlements. » SDG&E has spent over $1 billion in wildfire mitigation and fire safety since 2007.

3

SDG&E’s Response:

Building a private LTE system that supports wildfire risk mitigation by improving internal communications.

• Falling Conductor Protection System
• Updating its SCADA radios and

communications system

• Mobile workforce safety and

communications

• Weather stations

Goal: reduce public safety power shutoffs

4

SDG&E’s Spectrum Focus

900 MHz Proceeding » Leasing Challenges » Anterix

CBRS Auction 105 » SDG&E is considering participating in Auction 105. » CBRS spectrum challenges:

• Reliability
• Cost

5

FCC Current 900 MHz Band Plan

» SDG&E applauds the FCC for efforts to rationalize the 900 MHz Band. » The current path presents risk of windfall to a single public company. » SDG&E faces overwhelming legal and public interest duties to serve utility customers at reasonable costs AND protect against wildfires.

6

Southern California Edison’s Proposal

SDG&E agrees with SCE on a number of key issues:

7

• The 900 MHz band should be regulated by Part 90 rules and provide

adequate protections from interference.

• Utilities should be allowed to apply for the broadband license first.
• Voluntary relocation is best and mandatory relocation should be conditioned

upon:

• Fair compensation and comparable facilities for relocating incumbents;
• “Complex systems” should be exempt;
• Only facilities providing actual service on the date the NPRM was

released qualify for relocation rights.

• No incentive auction.

Any Questions?

Caleb Murphy, IT Solutions Architect San Diego Gas & Electric Company CMurphy@sdge.com Brian Weimer, Counsel to SDG&E Sheppard Mullin Richter & Hampton LLP Bweimer@sheppardmullin.com Eamon Tierney, Counsel to SDG&E Sheppard Mullin Richter & Hampton LLP Etierney@sheppardmullin.com

8