FCC Web Documents citing 22.501

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • the VHF, UHF, and 800 MHz bands, increase the communications capacity of several area agencies, and broaden the number of agencies able to participate in interoperable communications. In support of its request, Boston argues that it meets the requirements of Section 337(c) of the Act, as well as Section 1.925 of the Commission's rules, and seeks waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's rules, 47 C.F.R. §§ 22.7, 22.501, 22.621, 22.651, and 90.311. Interested parties may file comments on the above-listed eighteen applications and waiver request on or before April 9, 2007. Parties interested in submitting reply comments must do so on or before April 24, 2007. All comments and reply comments should reference the subject
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  • radio communications system by adding two Part 22 paging control frequencies in the 470-512 MHz band. Cinnaminson is currently licensed to operate Station WIL992 with four frequency pairs in the UHF Band. Pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), and Section 1.925 of the Commission's rules, Cinnaminson seeks a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's rules to enable it to use frequencies not designated for public safety use. For the reasons stated below, we deny Cinnaminson's Waiver Request and dismiss the application without prejudice. background Cinnaminson states that, following September 11, 2001, it undertook several initiatives to strengthen its emergency preparedness and ability to respond to potential natural
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  • according to Boston, because no other spectrum is immediately available to integrate existing VHF, UHF, and 800 MHz operations region-wide, increase the communications capacity of various participating agencies, and broaden the number of agencies able to participate in interoperable communications. Because the Commission has not designated Part 22 frequencies for public safety use, Boston requests a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's rules pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, in the alternative, rule Section 1.925. We have determined that Boston requires a waiver of Sections 22.621 and 90.311, as well as Section 20.9(a)(6) of the Commission's rules. On March 7, 2007, the Public Safety and Homeland
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  • interference is caused to the service area [of] any incumbent station within 12.5 kHz of the proposed channel.'' Westchester notes that the requested channel pairs are offset by 12.5 kHz from the channels identified in Part 22 and claims that Commission grant of the requested offset channels would be consistent with precedent. Although Westchester seeks a waiver of Sections 22.7, 22.501, 22.621, 22.651, 90.303, and 90.311 of the Commission's rules, we have determined that at a minimum, Westchester requires a waiver of Sections 22.621 and 22.651, as well as Section 20.9(a)(6) of the Commission's rules. Westchester seeks a waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, alternatively, Section 1.925 of the Commission's rules.
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  • ``[n]othing has changed to negate the Commission's previous findings'' in the Westchester Orders that the County met all five prongs of Section 337(c) of the Act. Westchester contends that the proposed modifications ``will improve radio service to first responders in Westchester County without causing unacceptable interference to other incumbent licensees.'' Westchester ``requests that the Commission grant waivers of Sections 22.7, 22.501, 22.621, 22.651, 90.303 and 90.311, and any other necessary sections of the FCC Rules and Regulations'' to allow it to make the proposed modifications. Generally, we note that public safety entities that apply for Part 22 T Band spectrum require waiver of Section 20.9(a)(6) in lieu of Sections 22.7 and 22.501. Westchester seeks the following modifications: (a) increase effective radiated
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  • C.F.R. §§ 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief, Policy and Licensing Division Public Safety and Homeland Security Bureau See File Nos. 0003823315 and 0003823334 (filed April 30, 2009, amended October 6, 2009) and 0003823334 (filed April 30, 2009, amended October 6, 2009, May 21, 2010 and March 2, 2011) and attached Request for Waiver of Sections 22.7, 22.501, 22.621, 90.305(b), 90.311, and 90.313(c) of the FCC Rules and Regulations Under Section 337(c) of the Communications Act of 1934, as Amended (Waiver Request). 47 C.F.R. Part 22. Waiver Request at 2. 47 C.F.R. §§ 20.9(a)(6), 22.377, 22.621, 22.623(b), 90.311, 90.313(c). See Waiver Request at 1. See also File Numbers 0003823315 and 0003823334, attached Response to E-mail Request for Additional
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  • and a wireline common carrier under Part 22 date back to 1949 when nearly all common carrier mobile allocations were separated into discrete bands for radio common carriers and wireline common carriers. This separate allocation scheme was eliminated in 1984. See In the Matter of Elimination of the Separate Frequency Allocation Structure in the Public Land Mobile Service (Rules Section 22.501); In the Matter of Revision and Update of Part 22 of the Public Mobile Radio Service Rules, Report and Order and Order on Reconsideration, 99 FCC 2d 311, 317 (1984). We also propose to make an editorial correction to the definitions for the terms ``Communications channel,'' ``Control channel,'' and ``Ground station'' in section 22.99 to change ``Air-ground Radiotelephone Service'' to
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  • 20, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY CITY OF SANTA MONICA, CALIFORNIA TO OBTAIN A LICENSE FOR FOUR CHANNELS ALLOCATED FOR PAGING OPERATION Comment Date: May 1, 2000 Reply Date: May 8, 2000 On February 28, 2000, the City of Santa Monica, California (Santa Monica) filed an application and a request for waiver of Sections 22.501, 22.621, and 90.303 of the Commission's Rules, 47 C.F.R. §§ 22.501, 22.621, 90.303. Santa Monica requests a waiver to permit it to use for public safety purposes four UHF channels allocated for paging control operations: 506.0625 MHz, 509.0625 MHz, 506.1125 MHz and 509.1125 MHz. Santa Monica contends that the subject channels will be used as a part of its existing
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  • application on November 28, 2000, which the FCC's office in Gettysburg dismissed without prejudice, due to the absence of certain required information. DU-COMM filed a corrected application on December 20, 2000. See Request for Waiver of DuPage Public Safety Communications (filed December 22, 2000) (Request). 47 U.S.C. § 337. 47 C.F.R. § 22.621. DU-COMM also requests a waiver of Sections 22.501 and 90.303 of the Commission's Rules, 47 C.F.R. §§ 22.501, 90.303. Request at 1. We do not believe DU-COMM requires a waiver of Section 22.501 because that section merely states that the rules in Subpart E of Part 22 apply to all public mobile paging and radiotelephone stations. Section 90.303 provides that frequencies in TV channel 14 (470-476 MHz) are
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  • Jersey City, New Jersey, Police Department (``Jersey City'') filed an application and a request for waiver to use, for public safety purposes, eighteen Part 22 paging UHF control channels in the Jersey City area: 470.0250/473.1500 MHz, 470.0500/473.1750 MHz, 470.1250/473.1250 MHz, 470.2500/473.2500 MHz, 470.2750/472.2750 MHz, 476.0250/479.0250 MHz, 476.0750/479.0750 MHz, 476.2500/479.2500 MHz, and 476.2750/479.2750 MHz. Jersey City requests waiver of Sections 22.621, 22.501, and 90.303 of the Commission's Rules, 47 C.F.R. §§ 22.621, 22.501, 90.303, and any other Commission Rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. § 337(c). Section 337(c) states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent
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  • waiver to use, for public safety purposes, six Part 22 UHF control channels, 470.0375 MHz, 470.1125 MHz, 470.2625 MHz, 476.0375 MHz, 476.0875 MHz and 476.2625 MHz paired with six Part 90 UHF control channels, 473.1875 MHz, 473.1625 MHz, 473.2625 MHz, 479.0375 MHz, 479.0875 MHz and 479.2625 MHz in the New York Metropolitan area. Fort Lee requests waiver of Sections 22.621, 22.501, and 90.303 of the Commission's Rules, 47 C.F.R. §§ 22.621, 22.501, 90.303, and any other Commission Rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. § 337(c) or Section 1.925 of the Commission's Rules. Section 337(c) states that the Commission shall grant an application by an entity seeking to
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  • waiver to use frequency pairs 476.0500/479.2000 MHz, 476.1500/479.1500 MHz, and 476.1750/479.1750 MHz for a new public safety system serving its police, fire and other public safety agencies. Bayonne contends that its public safety communications needs cannot be met by use of frequencies in the 150 MHz VHF band which are currently licensed to Bayonne. Bayonne requests waivers of Sections 22.621, 22.501, and 90.303 of the Commission's Rules, 47 C.F.R.§§ 22.621, 22.501, 90.303, and any other Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act, as amended, 47 U.S.C. § 337(c), or, in the alternative, Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925. Section 337(c) of the Act states that the Commission
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  • 2002 On August 21, 2002, the Jersey City, New Jersey, Police Department (``JCPD'') filed an amended application to operate a public safety radio system, in the Jersey City, New Jersey area, utilizing the following ten UHF paging control frequencies: 470.0500/473.1750 MHz, 470.2500/473.2000 MHz, 470.2750/473.2750 MHz, 476.2750/479.2750 MHz, and 476.0875/479.2250 MHz. Concurrently, JCPD submitted an amended request for waiver of Sections 22.501, 22.621and 90.303 of the Commission's Rules. JCPD seeks its waiver pursuant to Section 337(c) of the Communications Act, as amended (the Act), and Section 1.925 of the Commission's Rules. Section 337(c) of the Act provides that the Commission must waive any rules necessary to authorize entities providing public safety services to operate on unassigned non-public safety spectrum, if the Commission
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  • introduction We have before us an application and a waiver request, filed by the Borough of Fort Lee, New Jersey (``Fort Lee''), for authority to operate a public safety radio system on eight UHF frequencies in the New York Metropolitan area. Fort Lee seeks a waiver, pursuant to Section 337(c) of the Communications Act, as amended (the Act) of Sections 22.501, 22.621 and 90.303 of the Commission's Rules, to use currently unassigned frequencies allotted for non-public safety use. For the reasons stated below, we grant Fort Lee's waiver request. background Fort Lee is located across the Hudson River from New York City, in Bergen County, New Jersey. It is also the New Jersey terminus of the George Washington Bridge, which connects
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  • an application and a waiver request filed by the Jersey City Police Department, Jersey City, New Jersey, for authority to operate a public safety radio system on ten UHF frequencies in the New York Metropolitan area. The applicant (``Jersey City'' or ``the City'') seeks a waiver, pursuant to Section 337(c) of the Communications Act, as amended (the Act), of Sections 22.501, 22.621 and 90.303 of the Commission's Rules, to use currently unassigned frequencies allotted for non-public safety use. For the reasons stated herein, we grant Jersey City's waiver request. background Jersey City, which is located on the west bank of the Hudson River and has a growing population of 250,000, is at the crossroads of major transportation systems that serve over
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  • 22.207, 22.209, 22.211, 22.213, 22.215, 22.217, 22.223, 22.225, 22.227-22.228, 22.960-22.961, and 22.967). CTIA Petition at 20-22. RCA Reply Comments at 5. Radiosoft Comments at 1. AMTA Reply Comments at 8-9. Cellular Biennial Review First Report and Order, 17 FCC Rcd at 18401. 47 C.F.R Part 22, subpart E. See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. §§ 22.501-22.529. See Seventh CMRS Competition Report, 17 FCC Rcd at 13049-51. See id. at 13050. 47 C.F.R. Part 22, subpart F. 47 C.F.R. Part 22, subpart G. Although there currently are two nationwide commercial air-ground radiotelephone licensees, only one (Verizon Airfone) intends to continue to provide commercial air-ground service. In the Matter of AirCell, Inc., Petition Pursuant to Section 7 of
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  • 22.207, 22.209, 22.211, 22.213, 22.215, 22.217, 22.223, 22.225, 22.227-22.228, 22.960-22.961, and 22.967). CTIA Petition at 20-22. RCA Reply Comments at 5. Radiosoft Comments at 1. AMTA Reply Comments at 8-9. Cellular Biennial Review First Report and Order, 17 FCC Rcd at 18401. 47 C.F.R Part 22, subpart E. See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. §§ 22.501-22.529. See Seventh CMRS Competition Report, 17 FCC Rcd at 13049-51. See id. at 13050. 47 C.F.R. Part 22, subpart F. 47 C.F.R. Part 22, subpart G. Although there currently are two nationwide commercial air-ground radiotelephone licensees, only one (Verizon Airfone) intends to continue to provide commercial air-ground service. In the Matter of AirCell, Inc., Petition Pursuant to Section 7 of
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  • 2003, May 20, 2003, July 30, 2003, and August 5, 2003 to provide additional information or analysis concerning its proposed system. On June 13, 2003, the Wireless Telecommunications Bureau (``Bureau'') placed Syosset's May 2003 application and waiver request on public notice. As the frequencies in question are not designated for public safety use, Syosset requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules. Syosset seeks such a waiver, pursuant to Section 337(c) of the Act, or alternatively, Section 1.925 of the Commission's Rules, to use the frequencies. discussion Section 337(c) of the Act provides that we must waive any rules necessary to authorize entities providing public safety services to operate on unassigned non-public safety spectrum,
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  • MHz, which is adjacent to paging control channels allocated under Section 22.621. Specifically, the requested channel pair is located in a guard band between spectrum allocated for Part 90 (private land mobile radio) and Part 22 (paging control) in the Los Angeles area. Because 470/473.0500 MHz is not designated for public safety use, Burbank requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules to use the subject frequency, which Burbank requests herein pursuant to Section 1.925 of the Commission's Rules. In the Los Angeles area, the subject frequency pair (470/473.0500 MHz) is licensed to the City of Pomona (Pomona) for public safety use, and immediately adjacent and offset to frequencies licensed to other public safety
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  • and mobile data communications. Bayonne states that these benefits are in the best interest of the community and serve the public interest as well as the Commission's long-standing efforts to improve the quality and reliability of communications by and among public safety entities. As the sought frequencies are not designated for public safety communications, Bayonne seeks a waiver of Sections 22.501, 22.621, 90.303, and such other of the Commission's Rules as may be necessary to grant the applications, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, alternatively, Section 1.925 of the Commission's Rules. Bergen. Bergen is New Jersey's largest county, containing 70 municipalities. Many have their own law enforcement and public safety agencies, which
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  • and mobile data communications. Bayonne states that these benefits are in the best interest of the community and serve the public interest as well as the Commission's long-standing efforts to improve the quality and reliability of communications by and among public safety entities. As the sought frequencies are not designated for public safety communications, Bayonne seeks a waiver of Sections 22.501, 22.621, 90.303, and such other of the Commission's Rules as may be necessary to grant the applications, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, alternatively, Section 1.925 of the Commission's Rules. Bergen. Bergen is New Jersey's largest county, containing 70 municipalities. Many have their own law enforcement and public safety agencies, which
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  • frequency pairs for trunked use in the southern zone. Ultimately, Westchester plans to add another frequency pair (for a total of six frequency pairs) to be used in the southern zone, for which Westchester will apply when a frequency pair becomes available. Because the requested frequencies are not designated for public safety use, Westchester requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, 90.303, and 90.311 of the Commission's Rules. Westchester seeks such a waiver pursuant to Section 337(c) of the Act. On September 1, 2004, the Wireless Telecommunications Bureau placed Westchester's application and waiver request on public notice. The Commission received comments from the State of New Jersey (New Jersey) and reply comments from Westchester. New Jersey seeks to use
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  • northern counties and cities near New York City. In FCC File No. 0001855197, New Jersey proposes to operate on frequency pairs 500.1625/503.1125, 500/503.2375, 500/503.2625, 506/509.0875, 506/509.1125, 506/509.1625, 506/509.2125, and 506/509.2625 MHz in the counties and cities surrounding Philadelphia and Trenton. As the frequencies in question are not designated for public safety use, New Jersey requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules. On November 17, 2004, the Wireless Telecommunications Bureau, Public Safety and Critical Infrastructure Division (Division) placed New Jersey's applications and waiver request on public notice. Comments or reply comments in support of New Jersey's request were filed by Westchester County, New York, the Jersey City Police Department, the Newark Police Department, the
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  • 479.2375 MHz. Westchester proposes to operate the channels with a bandwidth of 12.5 kHz. By way of background, Westchester is part of the New York City metropolitan area, located north of the Bronx, and has a population of one million people. On November 29, 2004, the Bureau's Public Safety and Critical Infrastructure Division (Division) released an Order waiving Sections 22.7, 22.501, 22.621, 22.651, 90.303, and 90.311 of the Commission's Rules, 47 C.F.R. §§ 22.7, 22.501, 22.621, 22.651, 90.303, 90.311, pursuant to Section 337(c) of the Communications Act, as amended (the Act), 47 U.S.C. § 337(c), to grant Westchester the authority to utilize ten paging frequencies for public safety communications in southern Westchester County. In its initial waiver request, Westchester explained that
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  • 18 FCC Rcd 8380 (2003). See FCC News Release, FCC Paves the Way for New Broadband Services in the Air (rel. Dec. 15, 2004). FCC News Release, FCC to Examine Ban on Using Cellular Telephones on Airborne Aircraft (rel. Dec. 15, 2004). 47 C.F.R Part 22, subpart E. See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. §§ 22.501-22.529. See Ninth CMRS Competition Report, FCC 04-216 at ¶¶ 177-178. See id. at ¶¶ 178-179. 47 C.F.R. Part 22, subpart F. 47 C.F.R. Part 22, subpart G. In the Matter of AirCell, Inc., Petition Pursuant to Section 7 of the Act, for a Waiver of the Airborne Cellular Rule, or, in the Alternative for a Declaratory Ruling, Order, 14 FCC
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  • radio system on eight UHF frequencies. The frequencies are designated under Part 22 of the Commission's Rules as paging control and trunked mobile channels in the New York City/northern New Jersey area. Pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), and Section 1.925 of the Commissions Rules, Summit seeks a waiver of Sections 22.7, 22.501, 22.621, 22.651 and 90.311 of the Commission's Rules to permit public safety use of these currently unassigned frequencies. For the reasons stated herein, we grant Summit's waiver request. background Summit, located in Union County, New Jersey, is a city of 21,000 residents. Summit is a hub of rail and highway infrastructure through which thousands of commuters travel daily. The growing
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  • York, (Westchester) to modify its license for Station WQBR539, Yonkers, New York. Westchester requests an additional UHF frequency pair at Port Chester, New York, consisting of Part 22 paging control frequency 476.2375 MHz and trunked mobile frequency 479.2375 MHz. Westchester seeks a waiver, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 22.7, 22.501, 22.621, 22.651, 90.303, and 90.311 of the Commission's Rules, to use currently unassigned frequencies allotted for non-public safety use. For the reasons stated herein, we grant Westchester's waiver request. background Westchester is part of the New York City metropolitan area, located north of the Bronx, and has a population of one million people. Several major corporate headquarters, such as those
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  • conclusion that insufficient channels are available in the frequency bands designated for public safety land mobile use. The City found twenty available frequency pairs in the UHF television band (470-512 MHz). Seven of the pairs are allotted for Part 90 land mobile use. The other thirteen pairs are allotted for Part 22 paging use. The City requests waivers of Sections 22.501, 22.621, 90.303, 90.307, and 90.309 of the Commission's Rules, 47 C.F.R. §§ 22.501, 22.621, 90.303, 90.307, 90.309 and any other Commission rules that are necessary to grant its application, pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925, or in the alternative, Section 337(c) of the Communications Act, as amended (the Act), 47 U.S.C. § 337(c). Section
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  • state that they contemplate sharing facilities and channels pursuant to Section 90.179 of the Commission's Rules, 47 C.F.R. § 90.179. Bergen and New Jersey seek expanded access to Part 22 frequencies because the UHF band has no other resources in the New York metropolitan area. Through currently pending or previously filed waiver requests, the agencies request waivers of Sections 22.7, 22.501, 22.621, 22.651, 90.303, and 90.311 of the Commission's Rules, 47 C.F.R. §§ 22.7, 22.501, 22.621, 22.651, 90.303, and 90.311, pursuant to Section 337(c) of the Act. Section 22.7 of the Commission's Rules sets forth the eligibility requirements for entities in the Public Mobile Services. Section 22.501 defines the scope of the licensing and operation of the public paging and radiotelephone
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  • is necessary due to the insufficient availability of channels in the frequency bands designated for public safety use. Thirteen of the requested frequency pairs are designated for point-to-multipoint transmitters used to support transmitters that provide public mobile service, i.e., paging control. Because the requested paging frequencies are not designated for public safety use, Chicago requires a waiver of Sections 20.9(a)(6), 22.501, 22.621, 90.303, and 90.311 of the Commission's Rules. The remaining seven frequency pairs are designated for Part 90 PLMR use in the Chicago area. Because of short-spacing to co-channel and adjacent channel TV stations, Chicago's proposed use requires a waiver of Sections 22.627(b), 90.303, 90.307, and 90.309 of the Commission's Rules. Chicago seeks such waivers pursuant to Section 1.925 of
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  • Commission to waive any rules necessary to authorize public safety entities to utilize unassigned spectrum when certain criteria are satisfied. The District contends that the circumstances underlying its previous waiver grant have not changed and therefore a waiver is warranted here. As the frequencies in question are not designated for public safety use, Syosset requires a waiver of Sections 22.7, 22.501, 22.651, 90.303, 90.305(a), 90.307(d), and 90.311 of the Commission's Rules. The first two pending applications request modification of the license for Station WPYJ816. Syosset seeks to make more intensive use of Station WPYJ816 in the congested New York metropolitan area and to implement a plan to improve communications in the region. In FCC File No. 0001845877, Syosset seeks to (a)
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  • the VHF, UHF, and 800 MHz bands, increase the communications capacity of several area agencies, and broaden the number of agencies able to participate in interoperable communications. In support of its request, Boston argues that it meets the requirements of Section 337(c) of the Act, as well as Section 1.925 of the Commission's rules, and seeks waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's rules, 47 C.F.R. §§ 22.7, 22.501, 22.621, 22.651, and 90.311. Interested parties may file comments on the above-listed eighteen applications and waiver request on or before April 9, 2007. Parties interested in submitting reply comments must do so on or before April 24, 2007. All comments and reply comments should reference the subject
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  • radio communications system by adding two Part 22 paging control frequencies in the 470-512 MHz band. Cinnaminson is currently licensed to operate Station WIL992 with four frequency pairs in the UHF Band. Pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), and Section 1.925 of the Commission's rules, Cinnaminson seeks a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's rules to enable it to use frequencies not designated for public safety use. For the reasons stated below, we deny Cinnaminson's Waiver Request and dismiss the application without prejudice. background Cinnaminson states that, following September 11, 2001, it undertook several initiatives to strengthen its emergency preparedness and ability to respond to potential natural
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  • We have before us an application and associated waiver request filed by the County of Marin, California (Marin County), seeking authority to operate its public safety communications system on Part 22 point-to-multipoint paging control frequencies in the 470-512 MHz band. Because Marin County seeks to operate on frequencies not designated for public safety entities, it requires a waiver of Sections 22.501, 22.621, and 90.303 of the Commission's rules, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act). Marin County also requests Special Temporary Authority (STA) to operate on the requested frequencies, while its application remains pending. For the reasons stated below, we deny Marin County's request for waiver, dismiss the request for STA without prejudice, and
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  • according to Boston, because no other spectrum is immediately available to integrate existing VHF, UHF, and 800 MHz operations region-wide, increase the communications capacity of various participating agencies, and broaden the number of agencies able to participate in interoperable communications. Because the Commission has not designated Part 22 frequencies for public safety use, Boston requests a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's rules pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, in the alternative, rule Section 1.925. We have determined that Boston requires a waiver of Sections 22.621 and 90.311, as well as Section 20.9(a)(6) of the Commission's rules. On March 7, 2007, the Public Safety and Homeland
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  • interference is caused to the service area [of] any incumbent station within 12.5 kHz of the proposed channel.'' Westchester notes that the requested channel pairs are offset by 12.5 kHz from the channels identified in Part 22 and claims that Commission grant of the requested offset channels would be consistent with precedent. Although Westchester seeks a waiver of Sections 22.7, 22.501, 22.621, 22.651, 90.303, and 90.311 of the Commission's rules, we have determined that at a minimum, Westchester requires a waiver of Sections 22.621 and 22.651, as well as Section 20.9(a)(6) of the Commission's rules. Westchester seeks a waiver pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act) or, alternatively, Section 1.925 of the Commission's rules.
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  • Biennial Regulatory Review -- Amendment of Parts 1, 22, 24, 27, and 90 to Streamline and Harmonize Various Rules Affecting Wireless Radio Services, Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 03-264, 20 FCC Rcd 13900 (2005). 47 C.F.R Part 22, subpart E. See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. §§ 22.501-22.529. See Eleventh CMRS Competition Report, FCC 06-142 at ¶ 166. Public Notice, Report No. 2755, released January 27, 2006, 2006 WL 213804 (F.C.C.) 47 C.F.R. Part 22, subpart F. 47 C.F.R. Part 22, subpart G. See Amendment of Part 22 of the Commission's Rules To Benefit the Consumers of Air-Ground Telecommunications Services; Biennial Regulatory Review--Amendment of Parts 1, 22, and
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  • Oct. 4, 2007, amended Dec. 27, 2007 (attaching Petition (requesting waiver) and submitting amendment to the request) (Waiver Request). Specifically, Marin County seeks frequencies 482.2375, 485.2375, 485.0375, 485.0875, 485.1125, 485.2625, 485.2875, 491.0375, 491.0625, 491.1125, 491.1625, and 491.1875 MHz. See Waiver Request at 2. See Waiver Request at 1. Marin County initially sought a waiver of Section 22.621, along with Sections 22.501, 22.621, and 90.303 of the Commission's rules, 47 C.F.R. §§ 22.501, 22.621, and 90.303, and other rule sections as may be necessary. See File No. 0003190744. See Waiver Request at 1-2. Id. at 2. Id. The ten simplex frequencies requested are as follows: 485.0375, 485.0875, 485.1125, 485.2625, 485.2875, 491.0375, 491.0625, 491.1125, 491.1625, and 491.1875 MHz. See id. Id. Id., attached
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  • amended Aug. 22, 2007, Aug. 23, 2007, and Nov. 21, 2007) (Waiver Request). Specifically, Cinnaminson seeks to modify its license for Station WIL992 by adding frequencies 506.0125 and 509.0125 MHz. Id. at 1. See 47 C.F.R. § 22.621. See 47 C.F.R. § 20.9(a)(6). 47 C.F.R. §§ 20.9(a)(6), 22.621. Cinnaminson initially sought a waiver of Section 22.621, along with Sections 22.7, 22.501, 22.651, 90.311. 47 C.F.R. §§ 22.7, 22.501, 22.621, 22.651, 90.311; see File No. 0002965857. See Waiver Request at 1, 3. Id. at 4. See id. at 2. See Waiver Request at 1, 4 (referring to Burlington and Camden Counties, New Jersey and municipal agencies in the Philadelphia/Trenton area). See id. at 3. See id. Id. See File No. 0002965857, attached
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  • ``[n]othing has changed to negate the Commission's previous findings'' in the Westchester Orders that the County met all five prongs of Section 337(c) of the Act. Westchester contends that the proposed modifications ``will improve radio service to first responders in Westchester County without causing unacceptable interference to other incumbent licensees.'' Westchester ``requests that the Commission grant waivers of Sections 22.7, 22.501, 22.621, 22.651, 90.303 and 90.311, and any other necessary sections of the FCC Rules and Regulations'' to allow it to make the proposed modifications. Generally, we note that public safety entities that apply for Part 22 T Band spectrum require waiver of Section 20.9(a)(6) in lieu of Sections 22.7 and 22.501. Westchester seeks the following modifications: (a) increase effective radiated
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  • further information, contact Mr. David Siehl of the Policy Division, Public Safety and Homeland Security Bureau at (202) 418-1313 (voice), (202) 418-7233 (tty), or via e-mail to David.Siehl@fcc.gov. By the Chief, Public Safety and Homeland Security Bureau. See File Nos. 0003823315 and 0003823334 (filed April 30, 2009, amended October 6, 2009) and associated attachments ``Request for Waiver of Sections 22.7, 22.501, 22.621, 90.305(b), 90.311, and 90.313(c) of the FCC Rules and Regulations Under Section 337(c) of the Communications Act of 1934, as Amended'' (Waiver Request), ``Dallas County Schools Public Safety and Homeland Security Activities'' (DCS PSHS Activities), and ``Response to E-mail Request for Additional Information and Request for Waiver of Additional Rule Sections, File Numbers 0003823315 and 0003823334,'' (Oct. Amendment). See
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  • C.F.R. §§ 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief, Policy and Licensing Division Public Safety and Homeland Security Bureau See File Nos. 0003823315 and 0003823334 (filed April 30, 2009, amended October 6, 2009) and 0003823334 (filed April 30, 2009, amended October 6, 2009, May 21, 2010 and March 2, 2011) and attached Request for Waiver of Sections 22.7, 22.501, 22.621, 90.305(b), 90.311, and 90.313(c) of the FCC Rules and Regulations Under Section 337(c) of the Communications Act of 1934, as Amended (Waiver Request). 47 C.F.R. Part 22. Waiver Request at 2. 47 C.F.R. §§ 20.9(a)(6), 22.377, 22.621, 22.623(b), 90.311, 90.313(c). See Waiver Request at 1. See also File Numbers 0003823315 and 0003823334, attached Response to E-mail Request for Additional
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  • at 6496. See Part 101 Notice, 10 FCC Rcd at 2511. 47 C.F.R. § 94.3 (1995) (emphasis supplied). Id. AAR Opposition to Petition for Partial Reconsideration at 5-6 (AAR Opposition); Alcatel Comments at 7. UTC Comments at 7. See 47 C.F.R. § 101.61 for further explanation of eligible entities. Part 101 Order, 11 FCC Rcd at 13468-69. Amendment of §§ 22.501(g)(2) and 94.65(a)(1) of the Rules and Regulations to Re-Channel the 900 MHz Multiple Address Frequencies, Report and Order, PR Docket No. 87-5, 3 FCC Rcd 1564 (1988). Part 101 Order, 11 FCC Rcd at 13469. See WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F 2d 824 (D.C. Cir. 1965), cert. denied,
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  • of the Communications Act - Competitive Bidding, Memorandum Opinion and Order on Reconsideration and Third Report and Order, 14 FCC Rcd 10030 (1999) (Paging Systems Reconsideration Order). 47 C.F.R. § 22.937. 47 C.F.R. § 22.323. Alloy Comments at 4. CTIA Comments at 5. Verizon Comments at 8. Verizon Comments at 8. 47 C.F.R Part 22, subpart E. 47 C.F.R. §§ 22.501-22.529. Fifth Competition Report, supra, at 57-58. See Amendment of Parts 0, 1, 13, 22, 24 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Report and Order, 13 FCC Rcd 21027 (1998). 47 C.F.R. Part 22, subpart F. 47 C.F.R.
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  • Application Exhibit 3, page 3. Northpoint Reply Comments to Northpoint Waiver at 5. Id. See, e.g. MITRE Report. For example, in the 35 MHz MO&O, the Commission determined that a change of policy with respect to the use of certain frequencies should take place within the context of a rule making rather than a series of waivers. Amendment of Section 22.501(a) of the Rules to Allow the 35 MHz Frequency Band to be used for One-way Signaling on an Exclusive Basis in the Domestic Public Land Mobile Radio Service, Memorandum Opinion and Order and Notice of Proposed Rule Making, 78 FCC2d 438 (1980) (35 MHz MO&O). In addition, the Commission declined to grant waivers that raised policy questions involving the best
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  • in the 2.5, 10.6, or 18 GHz bands. 47 C.F.R. § 101.3. DEMS User Station is defined as any one of the fixed microwave radio stations located at users' premises, lying within the coverage area of a Digital Electronic Message Nodal Station, and providing two-way digital communications with the Digital Electronic Message Nodal Station. Id. See, e.g., Amendment of §§ 22.501(g)(2) and 94.65(a)(1) of the Rules and Regulations to Re-Channel the 900 MHz Multiple Address Frequencies, Report and Order, PR Docket No. 87-5, 3 FCC Rcd 1564, 1565 (1988). A remote station is defined as a fixed station in a multiple address radio system that transmits one-way to one or more central receive sites, controls a master station, or is controlled,
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  • and a wireline common carrier under Part 22 date back to 1949 when nearly all common carrier mobile allocations were separated into discrete bands for radio common carriers and wireline common carriers. This separate allocation scheme was eliminated in 1984. See In the Matter of Elimination of the Separate Frequency Allocation Structure in the Public Land Mobile Service (Rules Section 22.501); In the Matter of Revision and Update of Part 22 of the Public Mobile Radio Service Rules, Report and Order and Order on Reconsideration, 99 FCC 2d 311, 317 (1984). We also propose to make an editorial correction to the definitions for the terms ``Communications channel,'' ``Control channel,'' and ``Ground station'' in section 22.99 to change ``Air-ground Radiotelephone Service'' to
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  • of fixed wireless service by Commercial Mobile Radio Service providers. See Amendment of the Commission's Rules to Permit Flexible Service Offerings in the Commercial Mobile Radio Services, First Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 8965 (1996), Second Report and Order and Order on Reconsideration, 15 FCC Rcd 14680 (2000). See 47 C.F.R. §§ 22.501-22.529, §§ 22.201-22.299. 47 C.F.R. §§ 22.539, 22.569. 47 C.F.R. §§ 22.539, 22.569. Section 22.569 applies to applications proposing to use the channels listed in Section 22.561 (one-way or two-way mobile operations), except applications that propose to use these channels to provide paging service only, which are subject to Section 22.539. 47 C.F.R. §§ 22.539, 22.569. 47 C.F.R. §§ 22.539, 22.569.
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  • of fixed wireless service by Commercial Mobile Radio Service providers. See Amendment of the Commission's Rules to Permit Flexible Service Offerings in the Commercial Mobile Radio Services, First Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 8965 (1996), Second Report and Order and Order on Reconsideration, 15 FCC Rcd 14680 (2000). See 47 C.F.R. §§ 22.501-22.529, §§ 22.201-22.299. 47 C.F.R. §§ 22.539, 22.569. 47 C.F.R. §§ 22.539, 22.569. Section 22.569 applies to applications proposing to use the channels listed in Section 22.561 (one-way or two-way mobile operations), except applications that propose to use these channels to provide paging service only, which are subject to Section 22.539. 47 C.F.R. §§ 22.539, 22.569. 47 C.F.R. §§ 22.539, 22.569.
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  • itself filed comments specifically discussing those changes, undermining its own argument. See Public Service Commission v. FCC, 906 F.2d 713, 718 (D.C. Cir. 1990) (PSC v. FCC). In the second case, the substance of the final rule also was discussed in comments and proposals that were in the record prior to the adoption of that rule. See Amendment of Section 22.501(a) of the Rules to Allow the 35 and 43 MHz Frequency Bands to be Used for One-Way Paging on an Exclusive Basis in the Public Land Mobile Service, Order on Reconsideration, CC Docket No. 80-189, 60 Rad. Reg. 2d (P&F) 226, 228 ¶¶ 6-7, 1986 WL 292512 (1986) (35/43 MHz Reconsideration Order). Also, in each cited case, the challenged rule
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-80A1_Rcd.pdf
  • itself filed comments specifically discussing those changes, undermining its own argument. See Public Service Commission v. FCC, 906 F.2d 713, 718 (D.C. Cir. 1990) (PSC v. FCC). In the second case, the substance of the final rule also was discussed in comments and proposals that were in the record prior to the adoption of that rule. See Amendment of Section 22.501(a) of the Rules to Allowthe 35 and 43 MHz Frequency Bands to be Used for One-Way Paging on an Exclusive Basis in the Public Land Mobile Service, Order on Reconsideration, CC Docket No. 80-189, 60 Rad. Reg. 2d (P&F) 226, 228 ¶¶ 6-7, 1986 WL 292512 (1986) (35/43 MHz Reconsideration Order). Also, in each cited case, the challenged rule amendment
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • for two-way mobile radiotelephone service with paging allowed on a secondary basis, but they have evolved to focus primarily upon paging. There are also rules pertaining to the operation of internal point-to-point and point-to-multipoint fixed links that are essential for local and regional paging systems. Currently, Part 22, subpart E is organized into six groups of rules. The first (sections 22.501-22.529) is a group of rules applying to all PARS stations. Each of the subsequent five groups contains technical and operational rules pertaining only to a particular type of operation on specified channels. The types of operation are paging (sections 22.531-22.559), one- and two-way mobile (sections 22.561-22.589), point-to-point (sections 22.591-22.603), point-to-multipoint (sections 22.621-22.627), and trunked mobile operation (sections 22.651-22.659). Some of
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • mobile transmitters. § 22.383 In-building radiation systems. Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block. PART 22--PUBLIC MOBILE SERVICES SUBPART E-PAGING AND RADIOTELEPHONE SERVICE § 22.501 Scope. The rules in this subpart govern the licensing and operation of public mobile paging and radiotelephone stations. The licensing and operation of these stations are also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. However, in case of conflict, the rules in this subpart govern. 36 § 22.503 Paging geographic area authorizations.
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • 3. 541 Northpoint Reply Comments to Northpoint Waiver at 5. 542 Id. 543 See, e.g. MITRE Report. 544 For example, in the 35 MHz MO&O, the Commission determined that a change of policy with respect to the use of certain frequencies should take place within the context of a rule making rather than a series of waivers. Amendment of Section 22.501(a) of the Rules to Allow the 35 MHz Frequency Band to be used for One-way Signaling on an Exclusive Basis in the Domestic Public Land Mobile Radio Service, Memorandum Opinion and Order and Notice of Proposed Rule Making, 78 FCC2d 438 (1980) (35 MHz MO&O). In addition, the Commission declined to grant waivers that raised policy questions involving the best
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992521.doc
  • 19. This action is taken pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Kathleen O'Brien Ham Deputy Chief, Wireless Telecommunications Bureau Specifically, San Mateo has requested waiver of 47 C.F.R. §§ 22.621 (specific 470-512 MHz frequencies allocated for Part 22 point-to-multipoint control in San Francisco and certain other urban areas), 22.501 (frequencies generally allocated for Part 22 use in urban areas), 90.303 (470-512 MHz frequencies generally allocated for Part 90 use in urban areas), "and such other of [the Commission's] rules as may be necessary. . . ." County of San Mateo, California, Request for Waiver ("San Mateo Waiver Request") at 1. The specific frequencies that San Mateo proposes to use
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00033.doc
  • at 6496. See Part 101 Notice, 10 FCC Rcd at 2511. 47 C.F.R. § 94.3 (1995) (emphasis supplied). Id. AAR Opposition to Petition for Partial Reconsideration at 5-6 (AAR Opposition); Alcatel Comments at 7. UTC Comments at 7. See 47 C.F.R. § 101.61 for further explanation of eligible entities. Part 101 Order, 11 FCC Rcd at 13468-69. Amendment of §§ 22.501(g)(2) and 94.65(a)(1) of the Rules and Regulations to Re-Channel the 900 MHz Multiple Address Frequencies, Report and Order, PR Docket No. 87-5, 3 FCC Rcd 1564 (1988). Part 101 Order, 11 FCC Rcd at 13469. See WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F 2d 824 (D.C. Cir. 1965), cert. denied,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • unanimously argued for the immediate removal of all microfiche requirements. l Information to be filed concerning parties in interest to an application (9 22.1 OS) requires more information and more detail than necessary for application processing and to support a finding that an applicant is qualified to hold a license, and should be streamlined. . . Part 22 PagmgRegulatlons (a 22.501 - 22.659) l Extraneous application requirements for paging systems (5 22.529, some proposed to be removed by ULS NPRM) should be eliminated. These filing requirements are inconsistent with data requested in the application form and reduce flexibility to change application requirements to accommodate new technology. Part 22Ce . War Remlatlons (38 22 901 . -22.967) l Application requirements for cellular
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000888.doc
  • 20, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY CITY OF SANTA MONICA, CALIFORNIA TO OBTAIN A LICENSE FOR FOUR CHANNELS ALLOCATED FOR PAGING OPERATION Comment Date: May 1, 2000 Reply Date: May 8, 2000 On February 28, 2000, the City of Santa Monica, California (Santa Monica) filed an application and a request for waiver of Sections 22.501, 22.621, and 90.303 of the Commission's Rules, 47 C.F.R. §§ 22.501, 22.621, 90.303. Santa Monica requests a waiver to permit it to use for public safety purposes four UHF channels allocated for paging control operations: 506.0625 MHz, 509.0625 MHz, 506.1125 MHz and 509.1125 MHz. Santa Monica contends that the subject channels will be used as a part of its existing