FCC Web Documents citing 90.311

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

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  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Letter from Richard F. Feser, ITA, to Federal Communications Commission (filed Jan. 11, 1999) (ITA Letter). FCC File No. A021115 (filed June 18, 1998). FCC File No. C005523 (filed Aug. 26, 1998). ITA Letter at 1 47 C.F.R. �� 90.311(a)(2), 90.313(c). Federal Communications Commission DA 00-22 Federal Communications Commission FCC 99-xxxx ________________________________________________________________________ _____________________ C D F � � � � � � � � � N � N
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Township of Vernon, New Jersey For Authority to Operate a Conventional Public Safety Radio System in the 470-512 MHz Band and Associated Requests for Waiver of Sections 90.307(d), and 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) ) ) ) FCC File No. 0002644841 ORDER Adopted: March 6, 2007 Released: March 7, 2006 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction We have before us an application and waiver requests filed by the Township of Vernon, New Jersey (Vernon). First, Vernon requests a
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  • 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, including the
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  • 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 as hurricanes
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  • operates on UHF channels, other frequency bands such as Very High Frequency (VHF), 700 MHz, and 800 MHz are not viable alternatives because end users would be required to carry two separate radios. Id. at 9. 47 C.F.R. Part 90, Subpart L. A list of the urbanized areas is provided in � 90.303. 47 C.F.R. �� 2.106 n.NG66, 90.301, 90.303, 90.311. 47 C.F.R. �� 90.303, 90.305(a). 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969)(WAIT Radio), aff'd, 459 F.2d 1203 (1973), cert. denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broad Corp., Memorandum Opinion and Order, 18 FCC Rcd
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  • 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 placed the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of CITY OF LOS ANGELES, DEPARTMENT OF AIRPORTS For Authority to Operate a Public Safety Radio Communications System in Frequency Band 470-512 MHz in Los Angeles, California, and Request for Waiver of Section 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0002698531, 0002734941 ORDER Adopted: January 30, 2007 Released: January 31, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: I. INTRODUCTION We have before us two applications and waiver requests filed by the City of Los Angeles, California, Department
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  • 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 337(c) of the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of BOROUGH OF KINNELON, NEW JERSEY Request for Waiver of Sections 90.307(d) and 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) File No. 0002865892 Adopted: February 16, 2007 Released: February 16, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction On January 3, 2007 the Borough of Kinnelon, New Jersey (Kinnelon), which is eligible for licensing on public safety channels in the 470-512 MHz band, filed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF LOS ANGELES Request for Waiver of Section 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) File Nos. 0003096479, 0003096484 ORDER Adopted: June 5, 2008 Released: June 5, 2008 By the Deputy Chief, Public Safety and Homeland Security Bureau: I. INTRODUCTION The City of Los Angeles, California (the City) filed two applications and request for waiver of Section 90.311(a)(2) of the Commission's rules to use three
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  • all utilized for public safety operations on 12.5 kHz channel bandwidths. Id. at 4. Although TV Channels 14, 16, and 20 contain nearly eighteen megahertz of spectrum allocated for PLMR use, public safety entities do not have access to the full amount because they share the T-band spectrum with other categories of users such as ``Business.'' See 47 C.F.R. � 90.311(a)(1). The amount of spectrum allotted to a particular category differs in each urbanized area due to the ``first-come, first-serve'' licensing system unique to the T-Band. See 47 C.F.R. � 90.311(a)(2). See Waiver Request at 2-3. See TV Study. The TV stations are DTV Station KSBY, San Luis Obispo, California on channel 15, full power TV Station KINC, Las Vegas, Nevada
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  • �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief, Policy Division Public Safety and Homeland Security Bureau 47 C.F.R. � 90.305(a). See File Nos. 0003146572, 0003146578, 0003146590, 0003146594, 0003146602, 0003146605, 0003146622, 0003146623, (filed August 22, 2007); File No. 0003146618 (filed August 22, 2007, amended February 26, 2008) and associated Request for Continued Waivers of Sections 2.106, 90.303, 90.305(a), and 90.311 of the Commission's Rules and Regulations to Permit Public Safety Land Mobile Operation in the 500-506 MHz Band in York County, Pennsylvania (Waiver Request); see also System Description and Request for Extended Implementation and Shared Infrastructure. See File Nos. 0003348963, 0003348964, 0003348967, 0003348968, 0003348970, 0003348974, 0003348977, 0003348979, 0003348981 (filed on March 7, 2008); File Nos. 0003348971, 0003348976, 0003348982,(filed March 7,
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  • 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. 0003390336 and 0003388020 (filed April 9, 2008) and associated ``System Description, Request for Waiver, Request for Extended Implementation And Shared Infrastructure'' (System Description) and ``County of Franklin, Pennsylvania Request for Waivers Sections 2.106, 90.303, 90.305(a), and 90.311'' (Request for Waivers). See Frequency Information attached to File No. 0003390336. See System Description at 7. Id. See 47 C.F.R. �� 90.303, 90.305. System Description at 3. Request for Waivers at 1. Id. Id. Id. System Description at 1-2. Id. at 2. Id. at 7. Id. Id. at 2. Id. Id. at 2-3. Id. at 3. Request for Waivers at
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF OCEAN, NEW JERSEY Request for Waiver of Sections 90.303, 90.305, 90.307, 90.309, and 90.311 of the Commission's Rules ) ) ) ) ) ) ) File Nos. 0003047481, 0003047654 ORDER Adopted: August 31, 2009 Released: August 31, 2009 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: INTRODUCTION The County of Ocean, New Jersey (Ocean County or the County) filed two applications to modify its licenses for public safety Stations WIL552 and
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF BURLESON, TEXAS Request for Waiver of Section 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) File No. 0002909663 order Adopted: September 28, 2009 Released: September 28, 2009 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The City of Burleson, Texas (Burleson) filed an application and request for waiver of Section 90.311(a)(2) of the Commission's rules to operate a public safety radio
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  • 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 channel allocations for
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  • 0003047481 and 0003047654 Comment Date: April 30, 2009 Reply Comment Date: May 11, 2009 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned applications and waiver request, as amended, initially filed on May 31, 2007 by Ocean County, New Jersey (``Ocean County'' or ``the County''). Ocean County seeks waiver relief of Sections 90.303, 90.305, 90.307, 90.309, and 90.311 of the Commission's rules, 47 C.F.R. �� 90.303, 90.305, 90.307, 90.309, 90.311, pursuant to Section 337(c) of the Communications Act of 1934, as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, twelve frequency pairs from the UHF Television (TV) Channel 15 band (476-482 MHz). The applications seek to modify Ocean County's licenses for public safety Stations
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  • requested by Franklin are not available for assignment to public safety entities under Part 90 of the Commission's rules. While the Commission's rules allocate TV Channel 18 to the private land mobile radio service (PLMRS), the rules only authorize base stations within 80 kilometers of the geographic center of certain cities. Franklin requests waiver of Sections 2.106, 90.303, 90.305(a), and 90.311, because the County is beyond 80 kilometers from any city specified by rule for utilization of television (T-Band) channels for PLMRS. In addition, Franklin requires a waiver of Section 90.307(d) to allow its proposed base stations to be short-spaced to TV Station WPCW, Jeannette, Pennsylvania, which operated on TV Channel 19 prior to the DTV transition conclusion. Finally, the County
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  • 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) levels and antenna
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  • 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 channel allocations for
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  • would have to buy all new equipment, as its current equipment operates at UHF'' and this ``would be prohibitively expensive.'' DCS notes that ``Television channel 16 is allocated for land mobile use within 80 kilometers of Dallas (482-488 MHz) under Section 90.303(b) of the FCC Rules and Regulations'' and ``only frequencies between 482/485.30625 and 484/487.99375 MHz are permitted under Section 90.311.'' The frequency coordinator for DCS reports that ``there are no UHF Frequencies available that will meet the needs of the applicant.'' As an alternative, DCS states that ``[f]requencies between 482/485.00000 and 482/485.30000 MHz are reserved for common carrier use under Section 22.621 of the Rules.'' DCS states that ``[i]n reviewing licensing data for the Part 22 allocation in the Dallas
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  • application and a request for waiver to permit it to use for public safety purposes frequencies allocated for Channel 19 television operation in the New York metropolitan area, in which Nassau County is located. These frequencies are allocated for public safety and other private land mobile radio in the Philadelphia metropolitan area. NCPD requests waiver of Sections 90.303, 90.307, and 90.311 of the Commission's Rules, 47 C.F.R. �� 90.303, 90.307, and 90.311, and such other Commission rules as may be 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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  • turn, would free up frequencies for use by other public safety agencies in the spectrum-congested New York metropolitan area. The TV Channel 19 frequencies requested by NCPD were allocated for TV broadcast use in 1952. However, in 1970, the Commission authorized land mobile radio use of certain channels in the TV Channel 14-20 range in certain large urbanized areas. Section 90.311 of the Commission's Rules sets forth the specific frequencies that are available within fifty miles of the center of each urbanized area and specifies that TV Channel 19 is allotted to land mobile radio operations in the Philadelphia urbanized area. Section 90.307(d) of the Commission's Rules requires base stations to be located at least ninety miles from adjacent channel TV
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  • 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, designate 155.6100
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  • Greco's Petition. APCO argues that ``contrary to Greco's assertions, in 1996 there were not well-established, documented procedures agreed to by the coordinators for their processing of this type of application.'' APCO states that the CIBRO-NYPD application was unique because ``Special Industrial licensees rarely assign channels to public safety licensees in any band.'' APCO further argues that the provisions of Section 90.311 of the Commission's Rules ``were far from clear with regard to the coordination of such an assignment in the 470-512 MHz band, where the availability of a frequency for a particular class of user (and its coordination responsibility) could shift with assignment from one frequency pool to another.'' APCO states that ``[t]his uncertainty is apparently what led to Mr. Taylor's
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  • 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 MHz, 048.2000
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  • trunked system, the mobile radios scan the available channels and find one that is clear. The seven categories of eligible users are: (1) Public safety; (2) Power and telephone maintenance licensees; (3) Special industrial licensees; (4) Business licensees; (5) Petroleum, forest products, and manufacturers licensees; (6) Railroad, motor carrier, and automobile emergency licensees; and (7) Taxicab licensees. 47 C.F.R. � 90.311. 47 C.F.R. � 90.311. Id. 47 C.F.R. � 90.307. 47 C.F.R. � 90.313(a). 47 C.F.R. � 90.313(c). AMTA Reply Comments at 3. 47 C.F.R. Part 90, subpart M. See Amendment of Part 90 of the Commission's Rules to Adopt Regulations for Automatic Vehicle Monitoring Systems, Report and Order, 10 FCC Rcd 4695, 4738 � 86 (1995) (LMS Report and Order).
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  • trunked system, the mobile radios scan the available channels and find one that is clear. The seven categories of eligible users are: (1) Public safety; (2) Power and telephone maintenance licensees; (3) Special industrial licensees; (4) Business licensees; (5) Petroleum, forest products, and manufacturers licensees; (6) Railroad, motor carrier, and automobile emergency licensees; and (7) Taxicab licensees. 47 C.F.R. � 90.311. 47 C.F.R. � 90.311. Id. 47 C.F.R. � 90.307. 47 C.F.R. � 90.313(a). 47 C.F.R. � 90.313(c). AMTA Reply Comments at 3. 47 C.F.R. Part 90, subpart M. See Amendment of Part 90 of the Commission's Rules to Adopt Regulations for Automatic Vehicle Monitoring Systems, Report and Order, 10 FCC Rcd 4695, 4738 � 86 (1995) (LMS Report and Order).
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  • 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 make five
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  • 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 well as
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  • Mountain Broadcasting Corporation Reply to Opposition (filed Sept. 10, 2002) (Mountain Reply); WTXX, Inc. Reply in Opposition to Petition for Reconsideration (filed Sept. 10, 2002) (WTXX Reply). See id. Because four base stations of its proposed system would fail to satisfy the requisite 90-mile separation to an adjacent channel TV station, NCPD sought a waiver of Sections 90.303, 90.307, and 90.311 of the Commission's rules, 47 C.F.R. �� 90.303, 90.307, 90.311. Id. at 3. The number of total calls for service on NCPD's radio system increased 9.4% from 1998 to 1999, and 11.7% from 1999 to 2000. Id. Total calls in 1998, 1999, and 2000, respectively, were 630,068, 658,990, and 735,798. Id. at n.5. Id. at 1. The proposed system consists
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  • MHz. York contends that use of the subject channels is necessary due to the lack of available public safety channels. Specifically, York filed the waiver request and eleven applications to use frequencies allocated to TV channel 19 spectrum, 500-506 MHz, to support the communications requirements of its public safety agencies. York requests a waiver of Sections 2.106, 90.303, 90.305(a), and 90.311 of the Commission's Rules, 47 C.F.R. �� 2.106, 90.303, 90.305(a), 90.311. York asserts that the purpose of the new system is to upgrade its existing antiquated radio systems operating in the 30-50 MHz, 150-174 MHz, and 450-470 MHz bands in order to provide reliable communications throughout the county and interoperability between all public safety and local government agencies. By way
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  • 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 its public
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  • 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 its public
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  • 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 channels adjacent to those sought
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  • Michael K. Powell, Chairman, Federal Communications Commission; Letter dated July 22, 2004 from U.S. Senator Rick Santorum to Michael K. Powell, Chairman, Federal Communications Commission. Id. Id. Description at 1. Id. See Request at 7. Description at 1. Request at 1. Description at 2. Id. at 3. Id. 47 C.F.R. �� 90.303, 90.305(a). 47 C.F.R. �� 2.106 n.NG66, 90.301, 90.303, 90.311. The closest site, Delta, would be located approximately 103 kilometers (64 miles) from Philadelphia, while the farthest site, Dillsburg, would be located approximately 156 kilometers (97 miles) from Philadelphia. FCC File Nos. 0001695611 and 0001695617. See 47 C.F.R. � 1.925, 47 U.S.C. � 337(c). Request at 6-10. See Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by the County
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  • based on the record before us, that NSTN has not demonstrated that a grant of the City's application and waiver request would be contrary to the public interest, but the City has affirmatively demonstrated that a waiver is appropriate in this instance. Consequently, we deny the informal petition, grant the City's waiver request, and will process the application. Background. Section 90.311(a)(2) of the Commission's Rules provides that once a particular channel in the 470-512 MHz band is assigned, subsequent authorizations to use that channel will be granted within the same urbanized area only to the same category of users. On May 6, 2004, the City consummated the assignment of two licenses from the Los Angeles County Metropolitan Transportation Administration (LACMTA). The
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  • 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 General Assembly,
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  • 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 a total of
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  • due to the extreme shortage of available channels in the Los Angeles Basin. Downey requests a waiver of Part 22 of the Commission's Rules to use frequency 470.0250 MHz for land mobile use. The frequency is designated under Sections 22.621 of the Commission's Rules, 47 C.F.R. � 22.621, for point-to-multipoint paging control systems. Downey also seeks a waiver of Section 90.311 of the Commission's Rules, 47 C.F.R. � 90.311, to permit base station operations on frequency 474.0250 MHz. This frequency is available under Section 90.311 as a mobile frequency. Section 1.925 of the Commission's Rules, 47 C.F.R. � 1.925 provides that a waiver of the Commission's Rules may be granted if it is shown that the underlying purpose of the rule(s)
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  • trunked system, the mobile radios scan the available channels and find one that is clear. The seven categories of eligible users are: (1) Public safety; (2) Power and telephone maintenance licensees; (3) Special industrial licensees; (4) Business licensees; (5) Petroleum, forest products, and manufacturers licensees; (6) Railroad, motor carrier, and automobile emergency licensees; and (7) Taxicab licensees. 47 C.F.R. � 90.311. 47 C.F.R. � 90.311. Id. 47 C.F.R. � 90.307. 47 C.F.R. � 90.313(a). 47 C.F.R. � 90.313(c). 47 C.F.R. Part 90, subpart M. See Amendment of Part 90 of the Commission's Rules to Adopt Regulations for Automatic Vehicle Monitoring Systems, Report and Order, 10 FCC Rcd 4695, 4738 � 86 (1995) (LMS Report and Order). The definition of LMS also
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  • was granted a license in 2002 by waiver to use several frequencies in the television Channel 19 band. Syosset asserts that its use of Channel 19 spectrum will not exceed the use already approved for NCPD. Syosset requests waivers of our rules to grant its applications. Specifically, grants of Syosset's applications require waivers of Sections 22.7, 22.621, 90.303, 90.305, and 90.311 of the Commission's Rules. Further, Syosset requests waiver to use frequencies allocated for non-public safety use pursuant to Section 337(c) of the Act, which states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent necessary to permit the use of unassigned frequencies, if the Commission makes five specific findings: (1)
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  • 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 residents and
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  • 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 and Pepsico are
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  • 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 22.621 and 22.651
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  • No. 0001540550 Adopted: May 10, 2006 Released: May 12, 2006 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: Introduction. We have before us an application and a waiver request filed by the City of Downey, California (Downey) to modify its license for Public Safety Pool, Conventional Station WIM839, Downey, California. Downey seeks a waiver of Section 90.311 of the Commission's Rules in order to operate a base station on frequency 474.0250 MHz, on which Downey is presently authorized to operate mobile units. Downey contemplates that its fire dispatch personnel may need to use the frequency as a fire ground channel to contact fire fighters on rare occasions. For the reasons stated herein, we grant Downey's request. Background.
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  • 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 the Commission's Rules, or,
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  • 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 the mode of operation from
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Township of Vernon, New Jersey For Authority to Operate a Conventional Public Safety Radio System in the 470-512 MHz Band and Associated Requests for Waiver of Sections 90.307(d), and 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) ) ) ) FCC File No. 0002644841 ORDER Adopted: March 6, 2007 Released: March 7, 2006 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction We have before us an application and waiver requests filed by the Township of Vernon, New Jersey (Vernon). First, Vernon requests a
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  • 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, including the
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  • 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 as hurricanes
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  • operates on UHF channels, other frequency bands such as Very High Frequency (VHF), 700 MHz, and 800 MHz are not viable alternatives because end users would be required to carry two separate radios. Id. at 9. 47 C.F.R. Part 90, Subpart L. A list of the urbanized areas is provided in � 90.303. 47 C.F.R. �� 2.106 n.NG66, 90.301, 90.303, 90.311. 47 C.F.R. �� 90.303, 90.305(a). 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969)(WAIT Radio), aff'd, 459 F.2d 1203 (1973), cert. denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968)); Birach Broad Corp., Memorandum Opinion and Order, 18 FCC Rcd
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  • are available for point-to-multipoint systems. See 47 C.F.R. �� 22.621. Section 90.303 provides the frequency bands in the 470-512 MHz Band that are available for assignment to land mobile radio users in thirteen urbanized areas of the United States, including the San Francisco/Oakland, CA urbanized area. See 47 C.F.R � 90.303. Marin County also would require a waiver of Section 90.311(a) to the extent that the requested Part 22 frequencies are not included in the ranges of land mobile frequencies listed in that section for the San Francisco/Oakland, California area. See 47 C.F.R. � 90.311(a). Section 90.311(a) lists the frequency ranges that are available within the specific frequency bands provided by Section 90.303. Id.; 47 C.F.R. � 90.303. In addition to
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  • 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 placed the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of CITY OF LOS ANGELES, DEPARTMENT OF AIRPORTS For Authority to Operate a Public Safety Radio Communications System in Frequency Band 470-512 MHz in Los Angeles, California, and Request for Waiver of Section 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0002698531, 0002734941 ORDER Adopted: January 30, 2007 Released: January 31, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: I. INTRODUCTION We have before us two applications and waiver requests filed by the City of Los Angeles, California, Department
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  • 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 337(c) of the
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  • trunked system, the mobile radios scan the available channels and find one that is clear. The seven categories of eligible users are: (1) Public safety; (2) Power and telephone maintenance licensees; (3) Special industrial licensees; (4) Business licensees; (5) Petroleum, forest products, and manufacturers licensees; (6) Railroad, motor carrier, and automobile emergency licensees; and (7) Taxicab licensees. 47 C.F.R. � 90.311. 47 C.F.R. � 90.311. Id. 47 C.F.R. � 90.307. 47 C.F.R. � 90.313(a). 47 C.F.R. � 90.313(c). See 47 C.F.R. Part 90, subpart M ; 47 C.F.R. �� 90.149-157. 47 C.F.R. � 90.353(d). Municipalities or other governmental operatives may file for a non-multilateration license covering an Economic Area. 47 C.F.R. � 90.353(i). Amendment of the Commission's Rules Regarding Dedicated Short-Range
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of BOROUGH OF KINNELON, NEW JERSEY Request for Waiver of Sections 90.307(d) and 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) File No. 0002865892 Adopted: February 16, 2007 Released: February 16, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction On January 3, 2007 the Borough of Kinnelon, New Jersey (Kinnelon), which is eligible for licensing on public safety channels in the 470-512 MHz band, filed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF LOS ANGELES Request for Waiver of Section 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) File Nos. 0003096479, 0003096484 ORDER Adopted: June 5, 2008 Released: June 5, 2008 By the Deputy Chief, Public Safety and Homeland Security Bureau: I. INTRODUCTION The City of Los Angeles, California (the City) filed two applications and request for waiver of Section 90.311(a)(2) of the Commission's rules to use three
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  • L governs the authorization and use of frequencies by land mobile stations in the 470-512 MHz band on a geographically shared basis with television broadcast stations. Need: The rule notes that when frequencies are be assigned under this part, channel loading should comply with 47 C.F.R. 90.313. Legal Basis: 47 U.S.C. 154, 161, 303, and 332. Section Number and Title: 90.311(a)(3) Frequencies. SUBPART M-INTELLIGENT TRANSPORTATION SYSTEMS RADIO SERVICE Brief Description: The part 90 rules state the conditions under which radio communications systems may be licensed and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services. Subpart M contains the rules governing the Intelligent Transportation Systems Radio Service, including the Location Monitoring and the Dedicated Short Range Communications Services.
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  • all utilized for public safety operations on 12.5 kHz channel bandwidths. Id. at 4. Although TV Channels 14, 16, and 20 contain nearly eighteen megahertz of spectrum allocated for PLMR use, public safety entities do not have access to the full amount because they share the T-band spectrum with other categories of users such as ``Business.'' See 47 C.F.R. � 90.311(a)(1). The amount of spectrum allotted to a particular category differs in each urbanized area due to the ``first-come, first-serve'' licensing system unique to the T-Band. See 47 C.F.R. � 90.311(a)(2). See Waiver Request at 2-3. See TV Study. The TV stations are DTV Station KSBY, San Luis Obispo, California on channel 15, full power TV Station KINC, Las Vegas, Nevada
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  • �� 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Beers Chief, Policy Division Public Safety and Homeland Security Bureau 47 C.F.R. � 90.305(a). See File Nos. 0003146572, 0003146578, 0003146590, 0003146594, 0003146602, 0003146605, 0003146622, 0003146623, (filed August 22, 2007); File No. 0003146618 (filed August 22, 2007, amended February 26, 2008) and associated Request for Continued Waivers of Sections 2.106, 90.303, 90.305(a), and 90.311 of the Commission's Rules and Regulations to Permit Public Safety Land Mobile Operation in the 500-506 MHz Band in York County, Pennsylvania (Waiver Request); see also System Description and Request for Extended Implementation and Shared Infrastructure. See File Nos. 0003348963, 0003348964, 0003348967, 0003348968, 0003348970, 0003348974, 0003348977, 0003348979, 0003348981 (filed on March 7, 2008); File Nos. 0003348971, 0003348976, 0003348982,(filed March 7,
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  • 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 from
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  • Apr. 25, 2008) (Petition). RCA filed an opposition. Opposition of Radio Communications Association (filed May 5, 2008) (Opposition). NSTN filed a reply. Reply to Objection to Informal Petition filed by National Science and Technology Network, Inc. (NSTN) (filed May 9, 2009). See Explanation of Application and Waiver Request at 1 (filed Mar. 25, 2008) (Waiver Request). See 47 C.F.R. � 90.311(a)(2) (setting forth channel plan for 470-512 MHz band). Specifically, the proposed channel centers are situated 3.125 kHz from the edge of the current authorized bandwidth and every 6.25 kHz thereafter, which is offset 3.125 kHz from the frequencies designated in the regulations. 47 C.F.R. � 90.313(c). The maximum channel loading for frequencies in the 470-512 MHz band is ninety mobile
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  • 2008) (Petition). RCA filed an opposition. Opposition of Radio Communications Association (filed May 5, 2008) (Opposition). NSTN filed a reply. Reply to Objection to Informal Petition filed by National Science and Technology Network, Inc. (NSTN) (filed May 9, 2009). 2 See Explanation of Application and Waiver Request at 1 (filed Mar. 25, 2008) (Waiver Request). 3 See 47 C.F.R. � 90.311(a)(2) (setting forth channel plan for 470-512 MHz band). Specifically, the proposed channel centers are situated 3.125 kHz from the edge of the current authorized bandwidth and every 6.25 kHz thereafter, which is offset 3.125 kHz from the frequencies designated in the regulations. 4 47 C.F.R. � 90.313(c). The maximum channel loading for frequencies in the 470-512 MHz band is ninety
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  • 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. 0003390336 and 0003388020 (filed April 9, 2008) and associated ``System Description, Request for Waiver, Request for Extended Implementation And Shared Infrastructure'' (System Description) and ``County of Franklin, Pennsylvania Request for Waivers Sections 2.106, 90.303, 90.305(a), and 90.311'' (Request for Waivers). See Frequency Information attached to File No. 0003390336. See System Description at 7. Id. See 47 C.F.R. �� 90.303, 90.305. System Description at 3. Request for Waivers at 1. Id. Id. Id. System Description at 1-2. Id. at 2. Id. at 7. Id. Id. at 2. Id. Id. at 2-3. Id. at 3. Request for Waivers at
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of COUNTY OF OCEAN, NEW JERSEY Request for Waiver of Sections 90.303, 90.305, 90.307, 90.309, and 90.311 of the Commission's Rules ) ) ) ) ) ) ) File Nos. 0003047481, 0003047654 ORDER Adopted: August 31, 2009 Released: August 31, 2009 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: INTRODUCTION The County of Ocean, New Jersey (Ocean County or the County) filed two applications to modify its licenses for public safety Stations WIL552 and
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of CITY OF BURLESON, TEXAS Request for Waiver of Section 90.311(a)(2) of the Commission's Rules ) ) ) ) ) ) File No. 0002909663 order Adopted: September 28, 2009 Released: September 28, 2009 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: introduction The City of Burleson, Texas (Burleson) filed an application and request for waiver of Section 90.311(a)(2) of the Commission's rules to operate a public safety radio
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  • 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 channel allocations for
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  • 0003047481 and 0003047654 Comment Date: April 30, 2009 Reply Comment Date: May 11, 2009 The Public Safety and Homeland Security Bureau seeks comment on the above-captioned applications and waiver request, as amended, initially filed on May 31, 2007 by Ocean County, New Jersey (``Ocean County'' or ``the County''). Ocean County seeks waiver relief of Sections 90.303, 90.305, 90.307, 90.309, and 90.311 of the Commission's rules, 47 C.F.R. �� 90.303, 90.305, 90.307, 90.309, 90.311, pursuant to Section 337(c) of the Communications Act of 1934, as amended, 47 U.S.C. � 337(c), to use, for public safety communications purposes, twelve frequency pairs from the UHF Television (TV) Channel 15 band (476-482 MHz). The applications seek to modify Ocean County's licenses for public safety Stations
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  • requested by Franklin are not available for assignment to public safety entities under Part 90 of the Commission's rules. While the Commission's rules allocate TV Channel 18 to the private land mobile radio service (PLMRS), the rules only authorize base stations within 80 kilometers of the geographic center of certain cities. Franklin requests waiver of Sections 2.106, 90.303, 90.305(a), and 90.311, because the County is beyond 80 kilometers from any city specified by rule for utilization of television (T-Band) channels for PLMRS. In addition, Franklin requires a waiver of Section 90.307(d) to allow its proposed base stations to be short-spaced to TV Station WPCW, Jeannette, Pennsylvania, which operated on TV Channel 19 prior to the DTV transition conclusion. Finally, the County
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  • 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) levels and antenna
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  • 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 channel allocations for
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  • 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 Frequency Information pages
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  • would have to buy all new equipment, as its current equipment operates at UHF'' and this ``would be prohibitively expensive.'' DCS notes that ``Television channel 16 is allocated for land mobile use within 80 kilometers of Dallas (482-488 MHz) under Section 90.303(b) of the FCC Rules and Regulations'' and ``only frequencies between 482/485.30625 and 484/487.99375 MHz are permitted under Section 90.311.'' The frequency coordinator for DCS reports that ``there are no UHF Frequencies available that will meet the needs of the applicant.'' As an alternative, DCS states that ``[f]requencies between 482/485.00000 and 482/485.30000 MHz are reserved for common carrier use under Section 22.621 of the Rules.'' DCS states that ``[i]n reviewing licensing data for the Part 22 allocation in the Dallas
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  • Comparative Broadcast Hearings; Proposals to Reform the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, MM Docket No. 97-234, GC Docket No. 92-52, Gen Docket No. 90-264, Notice of Proposed Rule Making, 12 FCC Rcd 22,363, at 22,368-69 � 10 (1997). See 47 U.S.C. � 309(j)(2)(A). Notice, 14 FCC Rcd at 5222 � 26. See 47 C.F.R. � 90.311(a)(1) (permitting a wide variety of users in the 470-512 MHz band, including Business Radio Service eligibles). 47 U.S.C. � 309(j)(2)(A) (emphasis supplied). The majority of commenters agree that the exemption applies to ``services.'' See, e.g., Alliant Energy Comments at 2; AAA Comments at 10; API Comments at 4-8; CellNet Comments at 10; Georgia Comments at 3; DeKalb County, Georgia Water
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  • Comparative Broadcast Hearings; Proposals to Reform the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, MM Docket No. 97-234, GC Docket No. 92-52, Gen Docket No. 90-264, Notice of Proposed Rule Making, 12 FCC Rcd 22,363, at 22,368-69 � 10 (1997). See 47 U.S.C. � 309(j)(2)(A). Notice, 14 FCC Rcd at 5222 � 26. See 47 C.F.R. � 90.311(a)(1) (permitting a wide variety of users in the 470-512 MHz band, including Business Radio Service eligibles). 47 U.S.C. � 309(j)(2)(A) (emphasis supplied). The majority of commenters agree that the exemption applies to ``services.'' See, e.g., Alliant Energy Comments at 2; AAA Comments at 10; API Comments at 4-8; CellNet Comments at 10; Georgia Comments at 3; DeKalb County, Georgia Water
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  • 00-235 (rel. July 12, 2000). See 47 C.F.R. 90.210. 47 C.F.R. Part 90, subpart L. The seven categories of eligible users are: (1) Public safety; (2) Power and telephone maintenance licensees; (3) Special industrial licensees; (4) Business licensees; (5) Petroleum, forest products, and manufacturers licensees; (6) Railroad, motor carrier, and automobile emergency licensees; and (7) Taxicab licensees. 47 C.F.R. � 90.311. 47 C.F.R. � 90.311. Id. 47 C.F.R. � 90.307. 47 C.F.R. � 90.313(a). 47 C.F.R. � 90.313(c). 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, 10 FCC Rcd 10076 (1995); Memorandum Opinion and Order, 11 FCC Rcd 17676 (1996); Second Report and Order,
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  • and granting authorizations and modifications related to frequency pairs 489/492.4875 MHz and 483/486.4875 MHz in the San Francisco area) (Order on Review and Reconsideration). Petition at 2. 47 C.F.R. � 90.175. Frequency Coordination in the Private Land Mobile Radio Services, Report and Order, PR Docket No. 83-737, 103 FCC 2d 1093 (1986). FCC File No. D065490. See 47 C.F.R. � 90.311(a). FCC File No. A004251. See Letter from Michael J. Regiec, Acting Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division to Steve Dupre, Radio Systems Supervisor, County of San Mateo, at 1 (Apr. 24, 1998) (Branch Letter). FCC File No. A007122. See Branch Letter at 1. A third modification application to add another frequency pair, 483/486.4875 MHz
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  • actions as necessary consistent with this Order on Review and Reconsideration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary San Mateo Application for Review (filed Dec. 13, 1999) (Application for Review). County of San Mateo, California, Memorandum Opinion and Order, 14 FCC Rcd 19002 (WTB 1999) (Order). San Mateo Petition for Reconsideration (filed May 26, 1998) (Petition). See 47 C.F.R. � 90.311(a) (1996). FCC File No. A004251. See Letter from Michael J. Regiec, Acting Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division to Steve Dupre, San Mateo, at 1 (Apr. 24, 1998) (Branch Letter). FCC File No. A007122. FCC File No. A009109. Branch Letter at 1. Id. FCC File No. D065490. Branch Letter at 1. FCC File No.
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  • than their identity.'' Id. With this change, schools and parks are also eligible to be licensed for frequencies above 800 MHz governed by Section 90.617 (Subpart S) and for the ten 220 MHz channels available to public safety entities under Section 90.720(a) (Subpart T) of the Commission's Rules. This rule change does not impact licensing under Sections 90.103 (Subpart F), 90.311 (Subpart L), or 90.523 (Subpart R), as these Subparts all contain separate eligibility requirements. Section 90.242(a)(1) of the Commission's Rules specifically extends eligibility for Travelers' information stations to park districts and authorities. Eliminating the Public Safety Pool restrictions on parks, however, causes Section 90.242(a)(1) to become unnecessary. See e.g., PCIA Comments at 2 (supporting dual eligibility); MRFAC Comments at 2,
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  • inter-service coordinations and notifications.'' In contrast, APCO states that ``in 1996 there were not well-established, documented procedures agreed to by the coordinators for their processing of this type of application.'' APCO states that the CIBRO-NYPD application was unique because ``Special Industrial licensees rarely assign channels to public safety licensees in any band.'' APCO further argues that the provisions of Section 90.311 of the Commission's Rules ``were far from clear with regard to the coordination of such an assignment in the 470-512 MHz band, where the availability of a frequency for a particular class of user (and its coordination responsibility) could shift with assignment from one frequency pool to another.'' In light of this evidence, we agree with the Division that the
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  • 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 public safety agencies may use frequencies at 482-488 MHz, for a period of at least five years or until any television broadcast licensee in the New York City Metropolitan Area initiates use of UHF-TV channel 16 for advance television service (ATV) broadcast operations). We also note that, in response to a request from the City
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  • to comply with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee meets the other eligibility and qualification requirements applicable to Part 27 services (see � 27.12 of this chapter). A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Public Safety Radio Services (see part 90, subpart B and � 90.311(a)(1)(i) of this chapter) is not required to comply with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee is an entity providing communications in support of public safety operations (see � 90.523(b) of this chapter). * * * * * (4) Designated entity/entrepreneur rules. A licensee that holds a license pursuant to small business and/or
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  • 90.303 is amended to read as follows: � 90.303 Availability of frequencies. (a) Frequencies in the band 470-512 MHz are available for assignment as described below. Note: coordinates are referenced to the North American Datum 1983 (NAD83). (b) The following table lists frequency bands that are available for assignment in specific urban areas. The available frequencies are listed in � 90.311 of this part. Urbanized area Geographic center Bands (MHz) TV channels North latitude West longitude Boston, MA.................... 42� 21' 24.4" 71� 03' 23.2" 470-476, 482-488 14, 16 Chicago, IL 1................... 41� 52' 28.1" 87� 38' 22.2" 470-476, 476-482 14, 15 Cleveland, OH 2................. 41� 29' 51.2" 81� 41' 49.5" 470-476, 476-482 14, 15 Dallas/Fort Worth, TX........ 32� 47' 09.5" 96�
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  • with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee meets the other eligibility and qualification requirements applicable to 47 C.F.R. part 27 services (see � 27.12 of this chapter). A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Public Safety Radio Services (see part 90, subpart B and � 90.311(a)(1)(i) of this chapter) is not required to comply with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee is an entity providing communications in support of public safety operations (see � 90.523(b) of this chapter). A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Mobile Satellite Service with ATC authority
• http://publicsafety.fcc.gov/pshs/releases/index.htm?section=2007
  • Commonwealth of Pennsylvania Request for Waiver of Sections 90.247(a) and (c) and 90.613 of the FCC's Rules. * Order: [493]Word | [494]Acrobat * 1/31/2007 * In re City of Los Angeles, Department of Airports, Request for Authority to Operate a Public Safety Radio Communications System in Frequency Band 470-512 MHz in Los Angeles, California, and Request for Waiver of Section 90.311(a)(2) of the FCC's Rules. * Order: [495]Word | [496]Acrobat * 1/31/2007 * PSHSB Addresses California Department of Transportation's Request for Waiver of Section 90.242(a)(7) of the FCC's Rules. * Order: [497]Word | [498]Acrobat * 1/31/2007 * Erratum-PSHSB Seeks Comment on Maryland Department of Transportation's Waiver Request to Operate on UHF TV Frequencies. * Public Notice: [499]Word | [500]Acrobat * 1/31/2007
• http://publicsafety.fcc.gov/pshs/releases/index.htm?section=2009
  • Reflect 800 MHz Band Reconfiguration in the 806-809/851-854 Band. * Public Notice: [159]Word | [160]Acrobat * 9/29/2009 * Public Safety and Homeland Security Bureau Announces Region 18 (Louisiana) Public Safety Regional Planning Committee to Hold 700 MHz Regional Public Safety Planning Meeting. * Public Notice: [161]Word | [162]Acrobat * 9/28/2009 * City of Burleson, Texas, Request for Waiver of Section 90.311(a)(2) of the Commission's Rules. * Order: [163]Word | [164]Acrobat * 9/25/2009 * Public Safety and Homeland Security Bureau Announces Region 37 (South Carolina) Public Safety Regional Planning Committees to Hold 700 MHz Regional Public Safety Planning and 800 MHz NPSPAC Regional Public Safety Planning Meetings. * Public Notice: [165]Word | [166]Acrobat * 9/24/2009 * Public Safety and Homeland Security Bureau
• http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
  • should establish different separation distances for mobile and fixed stations operating in these bands.420 The only comment we received FEDERAL COMMUNICATIONS COMMISSION FCC 98-191 421 See Letter from Motorola to Magalie Roman Salas, Secretary, Federal Communications Commission, dated May 20, 1998, at 2-3 (Motorola ex-parte). 422 See UHF-TV Sharing NPRM, 101 FCC 2d at 873-874. See also, 47 C.F.R. � 90.311. 423 Motorola states that there are only 18 cities in the top 50 U.S. markets for which a channel pair (63/68 or 64/69) can be found if TV transmitters must be more than 260 km from the city-center. See Motorola ex-parte at 4. 73 addressing this request was from Motorola in their letter of May 20, 1998.421 In the preceding
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • Proposed Rule Making, FCC 00-235 (rel. July 12, 2000). 47 C.F.R. Part 90, subpart L. The seven categories of eligible users are: (1) Public safety; (2) Power and telephone maintenance licensees; (3) Special industrial licensees; (4) Business licensees; (5) Petroleum, forest products, and manufacturers licensees; (6) Railroad, motor carrier, and automobile emergency licensees; and (7) Taxicab licensees. 47 C.F.R. � 90.311. 47 C.F.R. � 90.311. Id. 47 C.F.R. � 90.307. 47 C.F.R. � 90.313(a). 47 C.F.R. � 90.313(c). 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, 10 FCC Rcd 10076 (1995); Memorandum Opinion and Order, 11 FCC Rcd 17676 (1996); Second Report and Order,
• http://wireless.fcc.gov/auctions/general/releases/fc000403.doc http://wireless.fcc.gov/auctions/general/releases/fc000403.pdf http://wireless.fcc.gov/auctions/general/releases/fc000403.txt
  • Comparative Broadcast Hearings; Proposals to Reform the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, MM Docket No. 97-234, GC Docket No. 92-52, Gen Docket No. 90-264, Notice of Proposed Rule Making, 12 FCC Rcd 22,363, at 22,368-69 � 10 (1997). See 47 U.S.C. � 309(j)(2)(A). Notice, 14 FCC Rcd at 5222 � 26. See 47 C.F.R. � 90.311(a)(1) (permitting a wide variety of users in the 470-512 MHz band, including Business Radio Service eligibles). 47 U.S.C. � 309(j)(2)(A) (emphasis supplied). The majority of commenters agree that the exemption applies to ``services.'' See, e.g., Alliant Energy Comments at 2; AAA Comments at 10; API Comments at 4-8; CellNet Comments at 10; Georgia Comments at 3; DeKalb County, Georgia Water
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
  • should establish different separation distances for mobile and fixed stations operating in these bands.420 The only comment we received FEDERAL COMMUNICATIONS COMMISSION FCC 98-191 421 See Letter from Motorola to Magalie Roman Salas, Secretary, Federal Communications Commission, dated May 20, 1998, at 2-3 (Motorola ex-parte). 422 See UHF-TV Sharing NPRM, 101 FCC 2d at 873-874. See also, 47 C.F.R. � 90.311. 423 Motorola states that there are only 18 cities in the top 50 U.S. markets for which a channel pair (63/68 or 64/69) can be found if TV transmitters must be more than 260 km from the city-center. See Motorola ex-parte at 4. 73 addressing this request was from Motorola in their letter of May 20, 1998.421 In the preceding
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000022.doc
  • 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Letter from Richard F. Feser, ITA, to Federal Communications Commission (filed Jan. 11, 1999) (ITA Letter). FCC File No. A021115 (filed June 18, 1998). FCC File No. C005523 (filed Aug. 26, 1998). ITA Letter at 1 47 C.F.R. �� 90.311(a)(2), 90.313(c). Federal Communications Commission DA 00-22 Federal Communications Commission FCC 99-xxxx ________________________________________________________________________ _____________________ p q ��`�� c d ` ' � � � � � � � � � � � � � �
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090831.html
  • POST-TRANSITION TABLE OF DTV ALLOTMENTS, TELEVISION BROADCAST STATIONS, ST. PETERSBURG, FLORIDA. Proposed channel substitution for stations WTTA(TV) from channel 38 to 32. (Dkt No. 09-159 RM-11557 ). Action by: Chief, Video Division, Media Bureau. Adopted: 08/28/2009 by NPRM. (DA No. 09-1969). MB [149]DA-09-1969A1.doc [150]DA-09-1969A1.pdf [151]DA-09-1969A1.txt COUNTY OF OCEAN, NEW JERSEY REQUEST FOR WAIVER OF SECTIONS 90.303, 90.305, 90.307, 90.309, AND 90.311 OF THE COMMISSIONS RULES. Granted Ocean County's request for waiver to modify its existing licenses to permit it to use the specified frequencies in the TV Channel 15 band spectrum. Action by: Chief, Policy Division, Public Safety and Homeland Security Bureau. Adopted: 08/31/2009 by ORDER. (DA No. 09-1976). PSHSB [152]DA-09-1976A1.doc [153]DA-09-1976A1.pdf [154]DA-09-1976A1.txt IOWA LAKES COMMUNITY COLLEGE. Denied Waiver Request. Admonished
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090928.html
  • Governmental Affairs Bureau. Adopted: 09/24/2009 by ORDER. (DA No. 09-2112). CGB [36]DA-09-2112A1.doc [37]DA-09-2112A1.pdf [38]DA-09-2112A1.txt LDC TELECOMMUNICATIONS, INC. Granted the complaint regarding the unauthorized change of subscriber's telecommunications carrier. Action by: Deputy Chief, Consumer Policy Division, Consumer & Governmental Affairs Bureau. Adopted: 09/24/2009 by ORDER. (DA No. 09-2114). CGB [39]DA-09-2114A1.doc [40]DA-09-2114A1.pdf [41]DA-09-2114A1.txt CITY OF BURLESON, TEXAS, REQUEST FOR WAIVER OF SECTION 90.311(A)(2) OF THE COMMISSION'S RULES. Granted the Waiver Request. Action by: Chief, Policy Division, Public Safety and Homeland Security Bureau. Adopted: 09/28/2009 by ORDER. (DA No. 09-2134). PSHSB [42]DA-09-2134A1.doc [43]DA-09-2134A1.pdf [44]DA-09-2134A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED SEPTEMBER 25, 2009, DID NOT APPEAR IN DIGEST NO. 191: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- COMMISSION ANNOUNCES HEARING ON