FCC Web Documents citing 22.651
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.pdf
- 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 waiver request,
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1081A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-1081A1.pdf
- 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 disasters such
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4231A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4231A1.pdf
- 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 Security Bureau
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4640A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4640A1.pdf
- 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. discussion Section
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5008A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-5008A1.pdf
- less than ninety miles from adjacent TV Channel 20 Station WTXX, Waterbury, Connecticut. See 47 C.F.R. § 90.307(d). Finally, Part 22 of the Commission's rules allocates frequencies 479.0625 and 479.1625 MHz for trunked public mobile service, while Part 20 of the Commission's rules states that these frequencies shall be regulated as a commercial mobile radio service. See 47 C.F.R. §§ 22.651, 20.9(a)(6). Therefore, these frequencies are not allocated for public safety operations. Accordingly, Baldwin requests a waiver of Sections 20.9(a)(6), 22.651, 90.303, 90.305(a), and 90.307(d) of the Commission's rules. Baldwin is located approximately twenty-five miles from New York City and serves three communities near the south shore of Long Island, New York - Baldwin, Oceanside, and Rockville Centre. Baldwin maintains that
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-804A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-804A1.pdf
- point-to-multipoint operation and a frequency interleaved between channels allocated for Part 22 trunked mobile operation. Specifically, Bayonne seeks to modify its existing public safety radio communications system by adding frequencies 470.1500 and 473.1500 MHz. In the alternative to Section 337(c), Bayonne requests waiver relief pursuant to Section 1.925, 47 C.F.R. § 1.925. Bayonne requests waivers of Sections 20.9(a)(6), 22.621, and 22.651, 47 C.F.R. §§ 20.9(a)(6), 22.621, 22.651, and such other Commission rules as may be necessary to grant the application. Bayonne is located in the New York-Northeastern New Jersey urbanized area. In 2004, Bayonne was originally authorized to operate this system as Station WQBL378, with an associated waiver granted pursuant to Section 337(c). This authorization allowed Bayonne to operate a public
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2048A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2048A1.pdf
- Station WTXX, Waterbury, Connecticut, and adjacent DTV Channel 18 Station WMBC-DT, Montclair, New Jersey. Next, Part 22 of the Commission's rules allocates frequencies 479.0625 and 479.1625 MHz for trunked public mobile service, while Part 20 of the Commission's rules states that operations on these frequencies shall be regulated as commercial mobile radio service. Accordingly, Baldwin requests waiver of Sections 20.9(a)(6), 22.651, 90.303, 90.305(a), and 90.307(d) of the Commission's rules to allow it to conduct public safety operations on these frequencies. On May 25, 2007, Baldwin obtained Special Temporary Authority (STA) under call sign WQGY612 to operate on all four of the requested frequencies on a secondary, noninterference basis. On December 14, 2007, the Public Safety and Homeland Security Bureau (Bureau) placed
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2189A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2189A1.pdf
- metropolitan urban area as an 80 kilometer circle around the center coordinates listed in § 22.625(b)(1)). Morris County is within this urban area. See Syosset Fire District, Memorandum Opinion and Order, 18 FCC Rcd 16635 (WTB PSPWD 2003). We have previously stated, ``[a]s a matter of policy, the Commission would typically only assign a trunked mobile channel listed under Section 22.651 to a Part 22 applicant if that channel was previously unoccupied in that urban area.'' Baldwin Fire District, New York, Order, DA-09-2048 at 12 n.93 (PSHSB PD rel. Sep. 14, 2009). An analogous policy applies to channels listed under Section 22.621. Specifically, as a matter of policy, the Commission would typically assign a point-to-multipoint channel listed under Section 22.621 to
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2412A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2412A1.pdf
- MHZ BAND File No. 0003808598 Comment Date: December 3, 2009 Reply Comment Date: December 14, 2009 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned application and waiver request filed on April 15, 2009 by the Garden City Park Fire District, New York (the Fire District). The Fire District requests waiver of Sections 20.9(a)(6), 22.621, 22.623(b) and 22.651 of the Commission's rules to operate a new public safety communications system using frequencies 476.0625 and 473.1250 MHz in the television (TV) Channels 14 and 15 bands (470-512 MHz). The Fire District seeks waiver relief either pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, pursuant to Section 1.925 of the
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-695A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-695A1.pdf
- 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 states that ``[t]he requested channels will improve radio service to first responders in Westchester County without causing unacceptable interference to other incumbent licensees.'' Therefore, Westchester ``requests that the Commission grant waivers of Sections 22.621, 22.651, 20.9(a)(6), 90.303, 90.311, and any other necessary sections of the FCC Rules and Regulations'' to allow it to use the requested frequencies. The requested frequencies are considered interleaved because they are adjacent to assignable frequencies under both Part 22 and Part 90, but they are not assignable to users under either part. As Westchester describes: When one looks at the
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-802A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-802A1.pdf
- its public safety license, Station WPYJ816, Syosset, New York by adding frequency 473.1375 MHz and deleting frequency 473.200 MHz. Specifically, Syosset seeks to add frequency 473.1375 MHz as ``a mobile transmit channel paired with the base/repeater channel 470.1375 MHz.'' Syosset observes that acquiring frequency 473.1375 MHz would ``create a natural three megahertz pairing with Syosset's repeater on 470.1375 MHz.'' Section 22.651 of the Commission's rules designates frequency 473.1375 MHz for trunked mobile service, and Section 20.9(a)(6) states that Part 22 frequencies shall be regulated as a commercial mobile radio service. Because frequency 473.1375 MHz is governed by Part 22 and therefore ``not generally available for public safety use,'' Syosset seeks waiver relief of Sections 22.651 and 20.9(a)(6), pursuant to Section 337(c)
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1172A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1172A1.pdf
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF SUMMIT, NEW JERSEY Request for Waiver of Sections 20.9(a)(6), 22.621 and 22.651 of the Commission's Rules ) ) ) ) ) ) File No. 0003734540 ORDER Adopted: June 25, 2010 Released: June 25, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The City of Summit, New Jersey (Summit) filed an application with an associated Waiver Request for authority pursuant to Section 1.925 of the Commission's rules, to
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1227A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1227A1.pdf
- 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 power (ERP)
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1509A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1509A1.pdf
- that ``[n]othing has changed to negate the Commission's previous findings'' in the Westchester Orders regarding the County's satisfaction of all five prongs of Section 337(c). Westchester states that ``[t]he requested channels will improve radio service to first responders in Westchester County without causing unacceptable interference to other incumbent licensees.'' Therefore, Westchester ``requests that the Commission grant waivers of Sections 22.621, 22.651, 20.9(a)(6), 90.303, 90.311, and any other necessary sections of the FCC Rules and Regulations'' to allow it to use the requested frequencies. The requested offset frequencies are unusual because they are adjacent to assignable frequencies under both Part 22 and Part 90, but they are not assignable to users under either part. As Westchester describes: When one looks at the
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1700A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1700A1.pdf
- from its license so that Westchester may use the frequency.'' Syosset seeks to add frequency 473.1375 MHz to ``create a natural three megahertz pairing with Syosset's repeater on 470.1375 MHz.'' However, because the Commission's rules allocate frequency 473.1375 MHz for commercial mobile radio service, this frequency is not generally available for public safety use. Syosset, therefore, seeks waiver of Sections 22.651 and 20.9(a)(6) of the rules to use 473.1375 MHz for public safety communications purposes. In support of its application, Syosset provides a frequency coordination letter from the Forestry Conservation Communications Association, an FCC-certified public safety frequency coordinator. On April 9, 2009, the Bureau placed the waiver request and associated application on public notice. To assist in its analysis of the
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-96A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-96A1.pdf
- 22 channels. Summit indicates that there is only one licensee in the New York/New Jersey area licensed on 476.1625 MHz, USA Mobility Wireless, Inc. (``USAM''), under call sign KPD955, and that USAM's site is located 75.3 km from Summit's site. USAM submitted a Letter of Consent, indicating no objection to Summit's request. Summit seeks waivers of Sections 20.9(a)(6), 22.621, and 22.651 of the Commission's rules, 47 C.F.R. §§ 20.9(a)(6), 22.621 and 22.651, pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. § 1.925. Summit asserts that the Commission ``has already found it in the public interest to allow Summit to operate on Part 22 channels due to frequency congestion in the New York/New Jersey area'' in the 2005 Order. Summit
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1084A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1084A1.pdf
- to use, for public safety purposes, two frequencies offset between channels allocated under Part 22 of the Commission's rules. Specifically, Bayonne seeks to modify its existing public safety communications system by adding frequencies 470.1500 and 473.1500 MHz. Bayonne seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, and 22.651 of the Commission's rules, to use these frequencies for public safety purposes. In the alternative, the City seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant Bayonne's Waiver Request under Section 1.925. II. BACKGROUND Bayonne is located in the New York City-Northeastern New Jersey metropolitan area. In 2004, the Wireless Telecommunications Bureau's former
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-817A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-817A1.pdf
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of GARDEN CITY PARK FIRE DISTRICT, NEW YORK Request for Waiver of Sections 20.9(a)(6), 22.621, 22.623(b), and 22.651 of the Commission's Rules ) ) ) ) ) ) ) File No. 0003808598 ORDER Adopted: May 2, 2011 Released: May 2, 2011 By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau: Introduction The Garden City Park Fire District, New York (Garden City Park or the Fire District), filed an application with an associated Waiver Request
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.pdf
- light of the new information. The updated record reflects that Summit's overall goals are to upgrade and consolidate its public safety communications resources and achieve interoperability with New Jersey's statewide system. We find that these goals would clearly serve the public interest. The Commission previously determined that Summit requires four channel pairs comprised of frequencies reserved under Sections 22.621 and 22.651 ``in order to promote effective public safety communications.'' Specifically, the Commission previously noted Summit's contention that allowing it to use frequencies reserved under Sections 22.621 and 22.651 would ``cure deficiencies in the existing public safety radio systems and provide interoperability among Summit's fire, police, EMS, and other departments,'' and would ``assist the State of New Jersey's initiative to increase domestic
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1191A1.txt
- an application and a request for waiver (Waiver Request) to use the following eleven unassigned Part 22 Public Mobile Service UHF channel pairs for use in Deer Park, Texas: 488/491.0250 MHz, 488/491.0500 MHz, 488/491.0750 MHz, 488/491.1000 MHz, 488/491.1250 MHz, 488/491.1500 MHz, 488/491.1750 MHz, 488/491.2000 MHz, 488/491.2250 MHz, 488/491.2500 MHz, and 488/491.2750 MHz. Shell requests waiver of Sections 22.7, 22.621, and 22.651 of the Commission's Rules, 47 C.F.R. §§ 22.7, 22.621, and 22.651, and any other rules that are necessary to grant its application to operate a private land mobile radio service (PLMRS) trunked radio communications system at its Deer Park facility. The Commission may grant a waiver of its rules where the applicant demonstrates that (i) the underlying purpose of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3612A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3612A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3612A1.txt
- and 476.0875/479.0875 MHz, from its application and to propose conventional instead of trunked operation. In this connection, Fort Lee stated that the reduction from six to four channel pairs would preclude it from operating a trunked system. As the frequencies in question are not designated for public safety use, Fort Lee's proposal necessitates a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules. Fort Lee seeks such a waiver pursuant to Section 337(c) of the Act and Section 1.925 of the Commission's Rules. In connection with the instant request, Fort Lee has represented that, upon the implementation of its new system, it would surrender for cancellation its existing authorizations to operate on 155.6700 MHz and 155.9850 MHz,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-411A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-411A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-411A1.txt
- use the following eleven Part 22 Public Mobile Service UHF channel pairs as part of a trunked Industrial/Business Radio Service system in Deer Park, Texas: 488/491.0250 MHz, 488/491.0500 MHz, 488/491.0750 MHz, 488/491.1000 MHz, 488/491.1250 MHz, 488/491.1500 MHz, 488/491.1750 MHz, 488/491.2000 MHz, 488/491.2250 MHz, 488/491.2500 MHz, and 488/491.2750 MHz. Shell also filed a request for waiver of Sections 22.7, 22.621, and 22.651 of the Commission's Rules, as well as any other rules necessary to permit it to operate a Private Land Mobile Radio (PLMR) station on those frequencies. On May 15, 2001, the Commission released a Public Notice seeking comment on Shell's proposal. On June 8, 2001, Westel Communications, Inc. (Westel), a commercial mobile radio service (CMRS) provider located in the Houston,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1131A1.txt
- application and waiver request on public notice. The Public Safety Wireless Network filed comments in support of Jersey City's request and no comments were filed opposing Jersey City's request. Jersey City filed reply comments on October 29, 2002. As the frequencies in question are not designated for public safety use, Jersey City requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission's Rules. Jersey City seeks such a waiver, pursuant to Section 337(c) of the Act and Section 1.925 of the Commission's Rules, to use the frequencies. In connection with the instant request, Jersey City has represented that, upon the implementation of its new system, it would surrender for cancellation its existing authorizations to operate on 039.0600
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
- AMTA Reply Comments at 6-7. Motorola Comments at 1-2. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, Report and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 10076, 10113 ¶ 71 (1995). 47 C.F.R. Part 90, subpart L. See 47 C.F.R. §§ 22.621 and 22.651. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, PR Docket No. 92-235, Report and Order, 10 FCC Rcd 10076 (1995); Memorandum Opinion and Order, 11 FCC Rcd 17676 (1996); Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
- AMTA Reply Comments at 6-7. Motorola Comments at 1-2. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, Report and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 10076, 10113 ¶ 71 (1995). 47 C.F.R. Part 90, subpart L. See 47 C.F.R. §§ 22.621 and 22.651. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, PR Docket No. 92-235, Report and Order, 10 FCC Rcd 10076 (1995); Memorandum Opinion and Order, 11 FCC Rcd 17676 (1996); Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2692A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2692A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2692A1.txt
- 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, if we
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3583A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3583A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3583A1.txt
- 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 entities (as
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2496A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2496A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2496A1.txt
- a substantial capital project to modernize its communications systems to provide all county agencies with the ability to communicate with one another and to promote interoperability between Bergen's municipalities. Bergen seeks use of frequency pair 470/473.2375 MHz to fulfill this goal. As the pair is not designated for public safety use, Bergen seeks 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 Act or, alternatively, Section 1.925 of the Commission's Rules. Fort Lee. Fort Lee stands at the western edge of the Hudson River in one of the most populated parts of the New York metropolitan area. Fort Lee's crossroads location and large commuter presence impose significant daily challenges regarding
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2496A1_Erratum.doc
- a substantial capital project to modernize its communications systems to provide all county agencies with the ability to communicate with one another and to promote interoperability between Bergen's municipalities. Bergen seeks use of frequency pair 470/473.2375 MHz to fulfill this goal. As the pair is not designated for public safety use, Bergen seeks 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 Act or, alternatively, Section 1.925 of the Commission's Rules. Fort Lee. Fort Lee stands at the western edge of the Hudson River in one of the most populated parts of the New York metropolitan area. Fort Lee's crossroads location and large commuter presence impose significant daily challenges regarding
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2840A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2840A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2840A1.txt
- or receiving interference. Therefore, Westchester seeks the subject five frequency pairs for 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. Westchester states that it will apply for a sixth frequency pair when one becomes available. Westchester requests waivers of Sections 22.621, 22.651, and 90.303 of the Commission's Rules, 47 C.F.R. §§ 22.621, 22.651, and 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 (the Act), 47 U.S.C. § 337(c). Sections 22.621 and 22.651 of the Commission's Rules set forth frequencies, some of which are in the 470-512 MHz
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3600A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3600A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3600A1.txt
- transmission quality of its public safety communications, which are presently confined to a limited number of frequencies in different bands. It will make possible interoperability capability between Summit's first responders and its other public service providers, as well as interoperability capability to over forty surrounding communities, in addition to State and county agencies. Summit requests waivers of Sections 22.7, 22.621, 22.651, and 90.303 of the Commission's Rules, 47 C.F.R. §§ 22.7, 22.621, 22.651, and 90.303, and any other Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 337(c), and Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925. Sections 22.621 and 22.651 of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3601A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3601A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3601A1.txt
- improve detection and response. A key ingredient in the plan is an interoperable system of voice and data radio communications across jurisdictions and agencies. New Jersey states that it seeks access to the Part 22 frequencies because the UHF band has no other resources in the New York and Philadelphia metropolitan areas. New Jersey requests waivers of Sections 22.7, 22.621, 22.651, and 90.303 of the Commission's Rules, 47 C.F.R. §§ 22.7, 22.621, 22.651, and 90.303, and any other Commission rules that are necessary to grant its applications, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 337(c), and Section 1.925 of the Commission's Rules, 47 C.F.R. § 1.925. Section 22.7 of the Commission's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3699A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3699A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3699A1.txt
- before us an application and a waiver request filed by the County of Westchester, New York, (``Westchester'' or ``the County'') for authority to operate a public safety radio system on ten UHF frequencies in the New York Metropolitan area. Westchester seeks a waiver, pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 22.621, 22.651 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 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 of IBM and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3916A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3916A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3916A1.txt
- operate on frequency pair 470/473.2375 MHz. The purpose of the present modification application and waiver request is to resolve Melville's co-channel disputes with Bergen and New Jersey. Melville requests a waiver of any Commission rules that are necessary to grant its application, pursuant to Section 337(c) of the Act. We note that Melville requires a waiver of Sections 22.621 and 22.651 of our rules set forth frequencies, some of which are in the 470-512 MHz band, that are available for point-to-multipoint and trunked mobile systems, respectively. Melville states that a grant of its request would be consistent with Section 337(c) of the Act and requests that the Commission incorporate by reference Melville's showings in its initial waiver request from January 23,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1609A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1609A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1609A1.txt
- 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 New Jersey
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1767A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1767A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1767A1.txt
- 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 it needed
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-20A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-20A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-20A1.txt
- 17534 (2002). See Public Notice, Consumer Information Bureau, Reference Information Center, Petitions for Rulemaking Filed, RM-10687 (filed Jan. 2003). Streamlining and Harmonization NPRM, 19 FCC Rcd 708 at ¶¶ 5, 19-20. 47 C.F.R. Part 90, subpart G. Streamlining and Harmonization NPRM, 19 FCC Rcd 708 at ¶¶ 21-23. 47 C.F.R. Part 90, subpart L. See 47 C.F.R. §§ 22.621 and 22.651. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, PR Docket No. 92-235, Report and Order, 10 FCC Rcd 10076 (1995); Memorandum Opinion and Order, 11 FCC Rcd 17676 (1996); Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2685A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2685A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2685A1.txt
- 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 number of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3017A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3017A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3017A1.txt
- 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 of IBM
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-606A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-606A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-606A1.txt
- 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 service. Sections
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1580A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1580A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1580A1.txt
- the early 1970s in the ``UHF-TV Sharing'' proceeding. See Land Mobile Use of TV Channels 14 through 20, Report and Order, Docket No. 18261, 23 FCC 2d 325 (1970). See Part 90 Request at 4; Paging Request at 4. See Part 90 Request at 4; Paging Request at 4. See 47 C.F.R. § 22.621. 47 C.F.R. §§ 20.9(a)(6), 22.501, 22.621, 22.651, 90.303, 90.311. Section 20.9(a)(6) specifies that Part 22 operations shall be treated as common carrier services and regulated as commercial mobile radio services. Section 22.501 defines the scope of the licensing and operation of the Public Paging and Radiotelephone Service. Sections 22.621 and 22.651 set forth frequencies, some of which are in the 470-512 MHz band, that are available for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-158A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-158A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-158A1.txt
- 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) change
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1079A1.txt
- 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 waiver request,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1081A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1081A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1081A1.txt
- 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 disasters such
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4231A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4231A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4231A1.txt
- 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 Security Bureau
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4640A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4640A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4640A1.txt
- 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. discussion Section
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5008A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5008A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5008A1.txt
- less than ninety miles from adjacent TV Channel 20 Station WTXX, Waterbury, Connecticut. See 47 C.F.R. § 90.307(d). Finally, Part 22 of the Commission's rules allocates frequencies 479.0625 and 479.1625 MHz for trunked public mobile service, while Part 20 of the Commission's rules states that these frequencies shall be regulated as a commercial mobile radio service. See 47 C.F.R. §§ 22.651, 20.9(a)(6). Therefore, these frequencies are not allocated for public safety operations. Accordingly, Baldwin requests a waiver of Sections 20.9(a)(6), 22.651, 90.303, 90.305(a), and 90.307(d) of the Commission's rules. Baldwin is located approximately twenty-five miles from New York City and serves three communities near the south shore of Long Island, New York - Baldwin, Oceanside, and Rockville Centre. Baldwin maintains that
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.txt
- 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 90, subpart G. Streamlining and Harmonization Report and Order, 20 FCC Rcd 13900 at ¶ 27. 47 C.F.R. Part 90, subpart L. See 47 C.F.R. §§ 22.621 and 22.651. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, PR Docket No. 92-235, Report and Order, 10 FCC Rcd 10076 (1995); Memorandum Opinion and Order, 11 FCC Rcd 17676 (1996); Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-804A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-804A1.txt
- point-to-multipoint operation and a frequency interleaved between channels allocated for Part 22 trunked mobile operation. Specifically, Bayonne seeks to modify its existing public safety radio communications system by adding frequencies 470.1500 and 473.1500 MHz. In the alternative to Section 337(c), Bayonne requests waiver relief pursuant to Section 1.925, 47 C.F.R. § 1.925. Bayonne requests waivers of Sections 20.9(a)(6), 22.621, and 22.651, 47 C.F.R. §§ 20.9(a)(6), 22.621, 22.651, and such other Commission rules as may be necessary to grant the application. Bayonne is located in the New York-Northeastern New Jersey urbanized area. In 2004, Bayonne was originally authorized to operate this system as Station WQBL378, with an associated waiver granted pursuant to Section 337(c). This authorization allowed Bayonne to operate a public
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-966A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-966A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-966A1.txt
- 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 Letter
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2048A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2048A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2048A1.txt
- Station WTXX, Waterbury, Connecticut, and adjacent DTV Channel 18 Station WMBC-DT, Montclair, New Jersey. Next, Part 22 of the Commission's rules allocates frequencies 479.0625 and 479.1625 MHz for trunked public mobile service, while Part 20 of the Commission's rules states that operations on these frequencies shall be regulated as commercial mobile radio service. Accordingly, Baldwin requests waiver of Sections 20.9(a)(6), 22.651, 90.303, 90.305(a), and 90.307(d) of the Commission's rules to allow it to conduct public safety operations on these frequencies. On May 25, 2007, Baldwin obtained Special Temporary Authority (STA) under call sign WQGY612 to operate on all four of the requested frequencies on a secondary, noninterference basis. On December 14, 2007, the Public Safety and Homeland Security Bureau (Bureau) placed
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2189A1.txt
- metropolitan urban area as an 80 kilometer circle around the center coordinates listed in § 22.625(b)(1)). Morris County is within this urban area. See Syosset Fire District, Memorandum Opinion and Order, 18 FCC Rcd 16635 (WTB PSPWD 2003). We have previously stated, ``[a]s a matter of policy, the Commission would typically only assign a trunked mobile channel listed under Section 22.651 to a Part 22 applicant if that channel was previously unoccupied in that urban area.'' Baldwin Fire District, New York, Order, DA-09-2048 at 12 n.93 (PSHSB PD rel. Sep. 14, 2009). An analogous policy applies to channels listed under Section 22.621. Specifically, as a matter of policy, the Commission would typically assign a point-to-multipoint channel listed under Section 22.621 to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2412A1.txt
- MHZ BAND File No. 0003808598 Comment Date: December 3, 2009 Reply Comment Date: December 14, 2009 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned application and waiver request filed on April 15, 2009 by the Garden City Park Fire District, New York (the Fire District). The Fire District requests waiver of Sections 20.9(a)(6), 22.621, 22.623(b) and 22.651 of the Commission's rules to operate a new public safety communications system using frequencies 476.0625 and 473.1250 MHz in the television (TV) Channels 14 and 15 bands (470-512 MHz). The Fire District seeks waiver relief either pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), or in the alternative, pursuant to Section 1.925 of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-695A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-695A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-695A1.txt
- 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 states that ``[t]he requested channels will improve radio service to first responders in Westchester County without causing unacceptable interference to other incumbent licensees.'' Therefore, Westchester ``requests that the Commission grant waivers of Sections 22.621, 22.651, 20.9(a)(6), 90.303, 90.311, and any other necessary sections of the FCC Rules and Regulations'' to allow it to use the requested frequencies. The requested frequencies are considered interleaved because they are adjacent to assignable frequencies under both Part 22 and Part 90, but they are not assignable to users under either part. As Westchester describes: When one looks at the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-802A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-802A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-802A1.txt
- its public safety license, Station WPYJ816, Syosset, New York by adding frequency 473.1375 MHz and deleting frequency 473.200 MHz. Specifically, Syosset seeks to add frequency 473.1375 MHz as ``a mobile transmit channel paired with the base/repeater channel 470.1375 MHz.'' Syosset observes that acquiring frequency 473.1375 MHz would ``create a natural three megahertz pairing with Syosset's repeater on 470.1375 MHz.'' Section 22.651 of the Commission's rules designates frequency 473.1375 MHz for trunked mobile service, and Section 20.9(a)(6) states that Part 22 frequencies shall be regulated as a commercial mobile radio service. Because frequency 473.1375 MHz is governed by Part 22 and therefore ``not generally available for public safety use,'' Syosset seeks waiver relief of Sections 22.651 and 20.9(a)(6), pursuant to Section 337(c)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1172A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1172A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1172A1.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF SUMMIT, NEW JERSEY Request for Waiver of Sections 20.9(a)(6), 22.621 and 22.651 of the Commission's Rules ) ) ) ) ) ) File No. 0003734540 ORDER Adopted: June 25, 2010 Released: June 25, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The City of Summit, New Jersey (Summit) filed an application with an associated Waiver Request for authority pursuant to Section 1.925 of the Commission's rules, to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1227A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1227A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1227A1.txt
- 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 power (ERP)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1509A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1509A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1509A1.txt
- that ``[n]othing has changed to negate the Commission's previous findings'' in the Westchester Orders regarding the County's satisfaction of all five prongs of Section 337(c). Westchester states that ``[t]he requested channels will improve radio service to first responders in Westchester County without causing unacceptable interference to other incumbent licensees.'' Therefore, Westchester ``requests that the Commission grant waivers of Sections 22.621, 22.651, 20.9(a)(6), 90.303, 90.311, and any other necessary sections of the FCC Rules and Regulations'' to allow it to use the requested frequencies. The requested offset frequencies are unusual because they are adjacent to assignable frequencies under both Part 22 and Part 90, but they are not assignable to users under either part. As Westchester describes: When one looks at the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1700A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1700A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1700A1.txt
- from its license so that Westchester may use the frequency.'' Syosset seeks to add frequency 473.1375 MHz to ``create a natural three megahertz pairing with Syosset's repeater on 470.1375 MHz.'' However, because the Commission's rules allocate frequency 473.1375 MHz for commercial mobile radio service, this frequency is not generally available for public safety use. Syosset, therefore, seeks waiver of Sections 22.651 and 20.9(a)(6) of the rules to use 473.1375 MHz for public safety communications purposes. In support of its application, Syosset provides a frequency coordination letter from the Forestry Conservation Communications Association, an FCC-certified public safety frequency coordinator. On April 9, 2009, the Bureau placed the waiver request and associated application on public notice. To assist in its analysis of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-96A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-96A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-96A1.txt
- 22 channels. Summit indicates that there is only one licensee in the New York/New Jersey area licensed on 476.1625 MHz, USA Mobility Wireless, Inc. (``USAM''), under call sign KPD955, and that USAM's site is located 75.3 km from Summit's site. USAM submitted a Letter of Consent, indicating no objection to Summit's request. Summit seeks waivers of Sections 20.9(a)(6), 22.621, and 22.651 of the Commission's rules, 47 C.F.R. §§ 20.9(a)(6), 22.621 and 22.651, pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. § 1.925. Summit asserts that the Commission ``has already found it in the public interest to allow Summit to operate on Part 22 channels due to frequency congestion in the New York/New Jersey area'' in the 2005 Order. Summit
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1084A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1084A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1084A1.txt
- to use, for public safety purposes, two frequencies offset between channels allocated under Part 22 of the Commission's rules. Specifically, Bayonne seeks to modify its existing public safety communications system by adding frequencies 470.1500 and 473.1500 MHz. Bayonne seeks waiver relief pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act), of Sections 20.9(a)(6), 22.621, and 22.651 of the Commission's rules, to use these frequencies for public safety purposes. In the alternative, the City seeks a waiver pursuant to Section 1.925 of the Commission's rules. By this Order, we grant Bayonne's Waiver Request under Section 1.925. II. BACKGROUND Bayonne is located in the New York City-Northeastern New Jersey metropolitan area. In 2004, the Wireless Telecommunications Bureau's former
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-817A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-817A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-817A1.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of GARDEN CITY PARK FIRE DISTRICT, NEW YORK Request for Waiver of Sections 20.9(a)(6), 22.621, 22.623(b), and 22.651 of the Commission's Rules ) ) ) ) ) ) ) File No. 0003808598 ORDER Adopted: May 2, 2011 Released: May 2, 2011 By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau: Introduction The Garden City Park Fire District, New York (Garden City Park or the Fire District), filed an application with an associated Waiver Request
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-856A1.txt
- light of the new information. The updated record reflects that Summit's overall goals are to upgrade and consolidate its public safety communications resources and achieve interoperability with New Jersey's statewide system. We find that these goals would clearly serve the public interest. The Commission previously determined that Summit requires four channel pairs comprised of frequencies reserved under Sections 22.621 and 22.651 ``in order to promote effective public safety communications.'' Specifically, the Commission previously noted Summit's contention that allowing it to use frequencies reserved under Sections 22.621 and 22.651 would ``cure deficiencies in the existing public safety radio systems and provide interoperability among Summit's fire, police, EMS, and other departments,'' and would ``assist the State of New Jersey's initiative to increase domestic
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306369A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306369A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306369A1.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of GARDEN CITY PARK FIRE DISTRICT, NEW YORK Request for Waiver of Sections 20.9(a)(6), 22.621, 22.623(b), and 22.651 of the Commission's Rules ) ) ) ) ) ) ) ) File No. 0003808598 ERRATUM Released: May 4, 2011 By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau: On May 2, 2011, the Policy and Licensing Division, Public Safety and Homeland Security Bureau released an Order, DA 11-817, in the above captioned proceeding. This Erratum
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-456A2.txt
- the Commission consider, inter alia, eliminating the rules which limit the number of paging channels that a licensee can obtain in the same area at one time; impose operational burdens, such as station identification requirements, where the advance of technology may have made the cost of the rule exceed the benefit; and the 470-512 MHz Trunked Mobile Operation rules (sections 22.651 through 22.659); and rules related specifically to services and technologies that were never implemented or have gone out of use (e.g., sections 22.161, 22.603).. The availability of cellular service has made limited local trunked radiotelephone systems obsolete and the Commission has phased out this type of operation on this frequency band; and rules covering services and technologies that were never
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-92A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-92A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-92A1.txt
- is being examined in ET Docket No. 00-221. See In the Matter of Reallocation of the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, ET Docket No. 00-221, Notice of Proposed Rule Making, rel. Nov. 20, 2000. 47 C.F.R. Part 90, Subpart L. See also, 47 C.F.R. §§ 22.591, 22.621, 22.651, and 22.1007. , infra. for proposals regarding the distance that WAVDs must maintain from cities in which land mobile radio operations are present. 47 C.F.R. § 90.303. Although Detroit, MI and Cleveland, OH are listed in Section 90.303, that rule specifies that the allocated frequencies are not available until further Order from the Commission. As in those rules, we propose
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-298A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-298A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-298A1.txt
- is being examined in ET Docket No. 00-221. See In the Matter of Reallocation of the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, ET Docket No. 00-221, Notice of Proposed Rule Making, rel. Nov. 20, 2000. 47 C.F.R. Part 90, Subpart L. See also, 47 C.F.R. §§ 22.591, 22.621, 22.651, and 22.1007. We address the separation requirements below. All channel assignments in the 470-512 MHz band are made out of a general access pool. See 47 C.F.R. § 90.303. 47 C.F.R. § 90.303. See In the Matter of Waiver of Parts 2 and 90 of the Commission's Rules to Permit New York Metropolitan Area Public Safety Agencies to Use Frequencies
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-246A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-246A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-246A1.txt
- assist devices. The Rules prohibit WAVDs from operating within a radius of 200 km for co-channel and within a radius of 128 km for adjacent channel from the coordinates specified in Section 90.303. See R&O ¶¶ 153, 154, 156, 159 and Appendix A, Final Rules, Section 74.870 (c)(4); 47 C.F.R. § 90.303. See also 47 C.F.R. §§ 22.591, 22.621, and 22.651. See R&O ¶¶ 153-154. See also Waiver of Parts 2 and 90 of the Commission's Rules to Permit New York Metropolitan Area Public Safety Agencies to Use Frequencies at 482-488 MHz on a Conditional Basis, Order, 10 FCC Rcd 4466 (1995) (Public Safety Channel 16 Order) ¶ 20 (granting waiver of Sections 2.106 and 90.311, so that New York City
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.txt
- C.F.R. §§ 27.802, 27.902, 27.1002. 47 C.F.R. § Part 24 subpart D. Operators may provide mobile telephony services on spectrum in the narrowband PCS band. See 47 C.F.R. § 24.3. These would involve certain frequencies in the Paging and Radio Telephone Service. See 47 C.F.R. §§ 20.561 (providing for one-way or two-way mobile operation on certain VHF and UHF channels); 22.651 (providing for trunked mobile operation on 470-512 MHz channels in New York-Northern New Jersey and Houston). 47 C.F.R. § 25.143(i)-(k). We have already determined that short-term de facto transfer spectrum leasing arrangements, which are by definition only temporary arrangements, do not raise potential competitive harm and thus are not subject to the Commission's competition policies. See Report and Order at
- http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
- 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 the PARS 454-459 MHz channels are shared with basic exchange telephone radio systems (providing Rural Radiotelephone Service) and potentially with non-geostationary low earth orbit (``Little LEO'') satellite downlinks. Purpose The purpose of subpart E is to facilitate the provision of commercial one-way and two-way wireless telecommunications services, in particular, one-way paging, to the general public at reasonable rates