Explanation
BACKGROUND: The City of Columbus holds a Federal Communications Commission (FCC) radio license in the 800 MHz frequency band for public safety communications. Pursuant to Order of the Federal Communications Commission Docket No. 02-55 (800 MHz Report and Order), all public safety systems operating in the 800 MHz band, including the City of Columbus and users of its radio system (approximately 120 outside agencies), must move from their current 800 MHz frequency spectrum to a new dedicated spectrum allocated for public safety users only. This move will eliminate interference currently being caused by Nextel and other commercial wireless systems sharing the same frequency band. This nation-wide project is referred to as the 800 MHz rebanding process.
The FCC further has ordered Nextel to pay all the funding relocation costs for affected licensees. Pursuant to the FCC order, Nextel has estimated that the City's cost to transition to the replacement frequencies will be approximately $841,561.38.
This ordinance authorizes the Director of the Department of Public Safety to enter into agreement with Nextel and accept $841,561.38 from the company to be expensed against the cost of rebanding, and authorizes the City Auditor to appropriate said funds within Public Safety's Grant funds.
Emergency Designation: Emergency legislation is necessary to meet rebanding deadlines and make the funds available immediately for reimbursement purposes.
FISCAL IMPACT: This legislation authorizes the Safety Director to enter into agreement with Nextel and accept $841,561.38 from the company as an estimate of the cost of rebanding. Actual costs over the estimates will be reimbursed by Nextel. Remaining funds after rebanding is completed will be disbursed back to Nextel. Nextel gave the City $49,152.60 during the planning stage of rebanding in 2009.
Title
To authorize the Director of Public Safety to enter into an agreement and accept a grant from the Nextel Communications Company for the frequency reconfiguration of the 800 MHz band, governed by the Federal Communications Commission (FCC); to authorize the appropriation of $841,561.38 within the unappropriated balance of the General Government Grant Fund; and to declare an emergency. ($841,561.38)
Body
WHEREAS, it is necessary for the Safety Director to enter into an agreement and accept a grant from the Nextel Communications Company for the frequency reconfiguration of the 800 MHz band; and
WHEREAS, the funds will be used to reimburse the Division of Support Services and other city and outside agencies for the cost of labor and services needed to accomplish the frequency reconfigurations; and
WHEREAS, any costs above this estimate will be reimbursed by Nextel and any unused funds returned to Nextel.
WHEREAS, these funds need appropriated within Public Safety's unallocated balance of the General Government Grant Funds; and
WHEREAS, an emergency exists in the usual and daily operation of the Public Safety Department, in that it is immediately necessary to order the Public Safety Director to accept a grant from Nextel and the City Auditor to appropriate such funds so that rebanding can proceed without delay and deadlines can be met for the immediate preservation of the public peace, health, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Safety is hereby authorized to enter into an agreement with Nextel and accept $841,561.38 from the Company for the frequency reconfiguration of the 800 MHz band.
SECTION 2. That from the unallocated monies in the General Government Grant Fund 220, and from all monies estimated to come into said fund and from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2011, the sum of $841,561.38 be and hereby is appropriated to the Division of Support Services, Division 3002, Fund 220, Grant Number 321101, OCA Code 321101, Object Level One 03, Object Level Three 3336.
SECTION 3. That all the funds necessary to carry out the purpose of this fund in 2011 are hereby deemed appropriated in an amount not to exceed the available cash balance in the fund.
SECTION 4. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from an after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.