FCC Web Documents citing 90.313

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

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  • 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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  • a conventional public safety radio communications system short-spaced to television (TV) station WNEP-TV, Scranton, Pennsylvania. Second, Vernon requests a waiver of Section 90.311(a)(2) of the Commission's rules to use a frequency pair available only to eligible users in the Industrial/Business (I/B) category. Finally, we also consider Vernon's request to use a frequency pair that would require a waiver of Section 90.313(c) of the Commission's rules, but for which Vernon did not seek a waiver. For the reasons discussed herein, we conditionally grant Vernon's request for a waiver of Section 90.307(d); deny the request for a waiver of Section 90.311(a)(2); and deny the request to use the frequency pair subject to Section 90.313(c). We therefore grant Vernon's application, in part, and deny
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  • Section 90.311(a)(2) of the Commission's rules to allow it to operate on the B/ILT channel. Kinnelon notes that there is only one co-channel B/ILT license, call sign WQCI390, on this channel pair in the NY/NJ Metro Area and that the sites licensed under WQCI390 are in excess of the 64 kilometers (km) (40 mile) minimum co-channel spacing specified in Section 90.313(c) of the Commission's rules. Kinnelon requests waiver of Section 90.311(a)(2) of the Commission's rules which states that, in the 470-512 MHz band, the first license granted on a given channel in an urban area establishes the only category of license that will be allowed subsequently on that channel within that urban area. Because the first licensee on channel pair 477/480.3500
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  • Federal Communications Commission (FCC) (June 7, 2007) (RCA Letter); Letter from James A. Kay, Jr. on behalf of Comm to Public Safety and Homeland Security Bureau, FCC (June 4, 2007) (Comm Letter). Both File No. 0003096479 and File No. 0003096484 contain copies of these same documents. We refer to the documents collectively as Letters of Concurrence. See 47 C.F.R. � 90.313(c); (The Commission allows a frequency pair in the 470-512 MHz band to be reassigned 64 kilometers (forty miles) or more from the location of base stations authorized on that pair). See Letters of Concurrence. Waiver Request at 1 citing Letters of Concurrence. Waiver Request at 2 citing Report to Congress on the Study to Address Short-Term and Long-Term Needs for
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  • 473.1000 MHz is interleaved between existing Part 22 point-to-multipoint frequencies 473.0125 and 473.1125 MHz. Id. Waiver Request at 1. Id. Id. Id. at 2. Id. See File No. 0001304138 (July 24, 2003). The Town of Plymouth, Massachusetts Fire Department (Plymouth) is licensed to operate a public safety radio system on these frequencies under call sign WPYD799. As required by Section 90.313(c), Ashland's sites are located more than 40 miles from Plymouth, and, therefore, will not cause any interference to Plymouth's facilities licensed under WPYD799. See, 47 C.F.R. � 90.313(c). Waiver Request at 2. See Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band, PS Docket No. 06-229; Development of Operational, Technical and Spectrum Requirements for Meeting Federal
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  • be certified if an applicant causes or receives unacceptable interference of more than five percent reduction of the calculated service area reliability. See id., attached Frequency Selection Procedures, 12.5 kHz Offset Assignments at 470-512 MHz, at 2. See Attachment B; see also File Nos. 0003424274 and 0003424276, Supplemental Reverse Interference Analysis. Attachment B at 2-16. See also 47 C.F.R. � 90.313(c). See, e.g., 47 C.F.R. � 90.20; see also Waiver Request at 3 and 12. See Waiver Request at 2. 47 U.S.C. � 151. Waiver Request at 12 Id. at 5. . See WLIW Letter. See WTXX Letter at 1. Federal Communications Commission DA 08-2667 Federal Communications Commission DA 08-2667 7 8 � � J � N N 0 N 0
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  • at a later date ...'' See Modification to Region 5, 700 MHz Plan, Docket Number 02-378, attached Letter from David Buchanan, Chair, Region 5 700 MHz Regional Planning Committee, to Marlene H. Dortch, Secretary, Federal Communications Commission (dated Jan. 29, 2008). See Capacity Study at 17. The smaller figure was calculated with the Commission's channel loading criterion, 47 C.F.R. � 90.313, while the larger figure was calculated using Erlang Analysis. Id. Under Erlang/Traffic analysis, system performance is evaluated based upon its ability to serve its users under an offered traffic load - which its components (typically multi-channel trunked radio sites) need to handle. Id. at 8. See id. at 12, 16. See Waiver Supplement at 5. The Commission has designated 2.4
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  • the 470-512 MHz band as part of Conventional Public Safety Pool Station KDA289, El Segundo, California. Station KDA289 is currently licensed for operation on paired frequencies 470/473.3875 MHz, 470/473.6375 MHz and 471/474.1125 MHz (the ``Channels''), among others, for base and mobile transmissions. As discussed herein, we deny El Segundo's application because it fails to satisfy the separation criteria of Section 90.313(c) of the Commission's rules and lacks frequency coordination required under Section 90.175. background In 1975, El Segundo, along with other cities, entered into a frequency sharing pool agreement with the South Bay Regional Public Communications Authority (South Bay or SBRPCA). As a member of the SBRPCA, El Segundo was entitled to use repeaters licensed to and operated by the SBRPCA.
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  • interference to these incumbents. In such a scenario, generally accepted engineering practices require an examination of the relationship between a new PLMR applicant and neighboring PLMR incumbents under the Part 90 interference protection rules and PLMR polices. First, we examine the co-channel relationships with Syosset and Somerset that would be created by grant of the requested waiver to Baldwin. Section 90.313(c) provides that a ``frequency pair may be reassigned at distances 64 km. (forty mi.), ...or more from the location of base stations authorized on that pair....'' On May 2, 2007, Syosset signed a letter of concurrence supporting Baldwin's use of frequencies 502.525 and 505.525 MHz. Baldwin states that ``there are no other co-channel users within 100 km.'' Baldwin concludes that
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  • licensing on these channels.'' Accordingly, Burleson states that it ``is not attempting to license channels below 470 MHz, and as such did not attempt to obtain concurrence for trunking operations.'' Burleson lists four methods to obtain exclusivity under Section 90.187(b), and states that it chooses ``to license channels in the 470-512 MHz band that meet exclusivity distance requirements of [Section] 90.313 and will be loaded to have exclusive use of the frequencies in the service area.'' On December 18, 2008, Enterprise Wireless Alliance noted that ``frequency pair 482/485.5875 MHz is currently available for assignment at the location proposed by Burleson'' because the frequency pair is currently in the public safety category. At the request of Bureau staff, on March 12, 2009,
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  • Section 22.623(b) would not be served by application to the present case. Consequently, we waive Section 22.623(b) on our own motion. Protection of Co-Channel and Adjacent Channel Licensees. We now analyze the impact of the County's proposed operation on co-channel and adjacent channel licensees. As we have indicated above, frequency 476.2875 MHz is assigned to the Syosset Fire District. Section 90.313(c) provides that a ``frequency pair may be reassigned at distances 64 km. . . .or more from the location of base stations authorized on that pair....'' We have verified that Morris County's proposed base stations are more than 64 kilometers from Syosset's co-channel station WPYJ816. Therefore, the application satisfies the co-channel separation requirements of Section 90.313(c). We also find that
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  • 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 requests a waiver of Section 90.313(c), which requires the County to show that an assigned frequency pair is at full capacity before Franklin may be assigned an additional frequency pair. On August 14, 2009, the Public Safety and Homeland Security Bureau (Bureau) placed Franklin's waiver request and associated applications on public notice. No parties opposed the waiver request. Franklin filed reply comments in which it ``affirms
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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 WAYNE, NEW JERSEY Request for Waiver of Sections 90.305(a), 90.307(d), and 90.313(c) of the Commission's Rules ) ) ) ) ) ) ) File Nos. 0003959144, 0003959145 Order Adopted: August 11, 2010 Released: August 11, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The Township of Wayne, New Jersey (Wayne, or the Township) filed two applications and an associated waiver request for authority ``to implement a new
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  • available for use by eligibles in the Public Safety Radio Pool in certain specified counties within the New York City metropolitan area. Because Woodbridge is located in Middlesex County, New Jersey, which is not one of the areas specified by Section 90.303(c), Woodbridge seeks a waiver of this rule, pursuant to Section 1.925. Also, Woodbridge needs a waiver of Section 90.313(c) of the Commission's rules, because the Township's proposed base stations are located less than 64 kilometers from two co-channel, incumbent public safety licensees. By this Order, we grant the Waiver Request on a conditional basis as discussed herein. background The Township states that ``[o]n December 5, 2008 the Commission granted Woodbridge's request to be licensed on fifteen frequency pairs in
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  • operating on Part 22 spectrum by waiver, we have the discretion to apply land mobile interference protection criteria. We exercise this discretion to fulfill our due diligence to examine whether Syosset would cause harmful interference to these public safety entities or any other entities. We now analyze the impact of Syosset's proposed operation on co-channel and adjacent channel entities. Section 90.313(c) provides that a ``frequency pair may be reassigned at distances 64 km ... or more from the location of base stations authorized on that pair ...'' We have verified that there are no licensed co-channel facilities within 64 kilometers of Syosset's proposed base stations. Therefore, the application satisfies the co-channel separation requirements of Section 90.313(c). We also find that the
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  • assignments in the TV Channel 19 band. Wayne also requires waiver of Section 90.307(d) of the Commission's rules because its proposed TV Channel 15 operations are short-spaced less than 145 kilometers to adjacent TV Channel 16 Station WNEP-TV, and its TV Channel 19 operations are short spaced to adjacent TV Channel 18 Station WMBC-DT. Finally, Wayne seeks waiver of Section 90.313(c) of the Commission's rules because distances for locations one and four of the proposed frequency, 472.1500 MHz are short-spaced less than 64 kilometers to co-channel incumbent PLMR stations. Wayne ``currently operates on nine `T-Band' channels under call signs: WPYW893, KZV273, WQEK857, WPSH811, and WIL599,'' and ``[a]ll of the channels operate in the conventional, non-trunked mode.'' Wayne states that it ``is
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  • use a frequency pair for a conventional station rather than a trunked station, it is not required to provide a contour overlap study pursuant to Section 90.187(b)(2)(iii). Rather, for co-channel operations in the 470-512 MHz band, as is the case here, the appropriate analysis is whether the proposed operations on the shared channel satisfy the distance separation criterion of Section 90.313(c). Specifically, Section 90.313(c) permits a frequency to be reassigned in the same area when an applicant is at least 64 kilometers (40 miles) from fully-loaded stations. Here, because Plymouth's Station WPYD799 is fully-loaded with 100 mobile units for two frequency pairs, it has exclusivity for a 64-kilometer radius. Because Ashland's site is located 78.2 kilometers from Station WPYD799, we find
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  • COMMUNICATIONS COMMISSION Thomas J. Beers Chief, Policy and Licensing Division Public Safety and Homeland Security Bureau See File Nos. 0003823315 and 0003823334 (filed April 30, 2009, amended October 6, 2009) and 0003823334 (filed April 30, 2009, amended October 6, 2009, May 21, 2010 and March 2, 2011) and attached Request for Waiver of Sections 22.7, 22.501, 22.621, 90.305(b), 90.311, and 90.313(c) of the FCC Rules and Regulations Under Section 337(c) of the Communications Act of 1934, as Amended (Waiver Request). 47 C.F.R. Part 22. Waiver Request at 2. 47 C.F.R. �� 20.9(a)(6), 22.377, 22.621, 22.623(b), 90.311, 90.313(c). See Waiver Request at 1. See also File Numbers 0003823315 and 0003823334, attached Response to E-mail Request for Additional Information; Request for Waiver of
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  • of public safety use within Lancaster's proposed area of operation. Next, Lancaster requests a waiver of Sections 90.307 and 90.309 of the Commission's rules to allow its proposed base stations to be short-spaced to co-channel TV Station WFDC-DT, Channel 15, Washington, DC and adjacent channel TV station WTSD-CA, Channel 14, Wilmington, DE. Finally, the County requests a waiver of Section 90.313(c) so that it will not be required to show that an assigned frequency pair is at full capacity before it may be assigned an additional frequency pair. On August 14, 2009, the Public Safety and Homeland Security Bureau (Bureau) sought comment on Lancaster's waiver petition. The Association for Maximum Service Television, Inc. (MSTV) filed opposing comments, and Lancaster filed reply
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  • we have the discretion to apply land mobile interference protection criteria to examine whether Garden City Park would cause harmful interference to other public safety entities in the New York City urbanized area operating co-channel or adjacent channel to frequencies 476.0625 MHz and 473.1250 MHz. First, we analyze the impact of the Fire District's proposed operation on co-channel licensees. Section 90.313(c) provides that a ``frequency pair may be reassigned at distances 64 km ... or more from the location of base stations authorized on that pair ...'' We have verified that there are no licensed co-channel facilities within 64 kilometers of Garden City Park's proposed base stations on either frequency. Therefore, the application satisfies the co-channel separation requirements of Section 90.313(c).
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  • beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communication facilities. 47 C.F.R. � 90.20(a)(2). Non-governmental entities are eligible for non-SERS Public Safety Pool frequencies provided they obtain concurrence from an eligible governmental entity. Id. 47 C.F.R. � 90.173(a). We note that exclusivity can be obtained in the 470-512 MHz band. See 47 C.F.R. � 90.313. 47 C.F.R. �� 90.625, 90.629, 90.633. For example, the public safety community makes intensive use of frequencies in the 150-174 MHz (upper VHF) band, which has resulted in these frequencies being extremely congested and has impeded efforts to identify and recommend new public safety assignments on these frequencies without causing harmful interference to existing public safety systems. See Alternative Frequencies
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  • California. One of the channels that NSTN requests is 471/474.4125 MHz. On March 10, 2000, Dial Mobile Communications (Dial) filed a pleading requesting that the Commission dismiss or deny NSTN's application. For the reasons given below, we deny Dial's request and will grant NSTN's application for the frequencies requested in the application, including channel pair 471/474.4125 MHz. 2. Background. Section 90.313(c) of the Commission's Rules provides, among other things, that once a channel in the 470-512 MHz is loaded to capacity, the frequency will not be reassigned for use by another station within 64 kilometers (40 miles). Dial is the licensee of Industrial/Business Station WPMV644 at Palos Verdes, California, located at 33-44-42 North Latitude, 118-19-55 West Longitude. Station WPMV644 is fully
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  • IS FURTHER ORDERED that this Order shall be sent by certified mail, return receipt requested, to Champion Communications Services, Inc. 1610 Woodstead Court, Suite 330, The Woodlands, TX 77380 and to Sagara Farms, Inc. P.O. Box 425, Esparto, CA 95627. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau See 47 C.F.R. � 90.313. Letter from David Terman, President of Champion Communications Services, Inc. to William Knowles Kellett (sic), FCC, dated May 1, 2000. Id. Champion also operates Station KNQ284 from another site that is 65.38 miles from the Sagara Farms transmitter site. Champion's continued operation of this site is permissible because it is unlikely to cause harmful interference to Sagara Farms. 47 C.F.R.
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  • Wireless Division Wireless Telecommunications Bureau Letter from James Gunn, President, Radi-Link, Inc. to Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, filed March 14, 2000. Letter from Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division to James Gunn, President, Radi-Link, dated February 15, 2000. See 47 C.F.R. � 90.313(a)(1), which states that a channel is fully loaded at 90 mobile units; see also 47 C.F.R. � 90.313(c) which provides that a licensee must show than an assigned frequency pair is at full capacity before it can be assigned an additional frequency pair. 47 C.F.R. � 1.106(i). 47 C.F.R. � 0.401. Id. 47 C.F.R. � 1.7; First Auction of Interactive
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  • Dec. 22, 1998). FCC File No. A031089 (filed Dec. 14, 1998)). Ettinger's application was dismissed pursuant to a computer generated letter dated December 12, 1998 (FCC File No. D115306). See 47 C.F.R. � 90.307. Letter from Terry Fishel, Deputy Chief, Licensing and Technical Analysis Branch, Commercial Wireless Division, to John H. Gronemeier (dated June 4, 1999). See 47 C.F.R. � 90.313. Letter from Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, to Robert M. Gurss, Counsel for AC Transit (June 9, 1999) (Branch Letter). The authorizations were granted on June 15, 1999. Id. at 1. See 47 C.F.R. � 1.106(f). Branch Letter at 1. Letter from Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public
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  • UHF channels. On the same day, March 15, 2000, the Branch returned Mr. Gronemeier's applications, indicating that Mr. Gronemeier was required to show that ``an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency pair.'' The Branch further requested that Mr. Gronemeier provide frequency justifications in full detail as required by Section 90.313 of the Commission's Rules, 47 CFR � 90.313. On April 10, 2000, Mr. Gronemeier responded to the Branch's March 15, 2000 letter. On March 31, 2000, Samtrans simultaneously filed two pleadings, a Petition for Reinstatement pursuant to Section 1.41 of the Commission's Rules, and a Petition to Deny, pursuant to Section 1.939 of the Commission's Rules. In its Petition for
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  • applied to frequencies in the 470-512 MHz band if the targeted frequencies were assigned on an exclusive basis. On the date Lans Service filed its Request, Station WCC724 was not operating on an exclusive channel, and was therefore not the proper subject of a finder's preference proceeding. In this regard, we note that under the pertinent provisions of former Section 90.313(a)(5) of the Commission's Rules, the maximum channel loading on frequencies in the 470-512 MHz band in the Motor Carrier Radio Service at the time of filing of this Request was seventy (70) units. Our records reflect that there were sixty-eight (68) mobiles operating on shared channel 478.6125/481.6125 MHz at the time the Request was filed. Until the channel reached its
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  • We disagree with J&H's contention that this is not an ``exclusively assigned'' channel subject to a finder's preference proceeding. First, we note that former Section 90.173(k) of the Commission's Rules specifically included 470-512 MHz stations. Station WIL269 was authorized to operate in the 470-512 MHz shared band of the former Business Radio Service. Under the pertinent provisions of former Section 90.313(a)(2) of the Commission's Rules, the maximum channel loading on frequencies in the 470-512 MHz band in the former Business Radio Service was ninety (90) units. Once such a channel had reached its maximum loading level of ninety (90) units, that channel became exclusive and new applicants were not eligible to be licensed on the channel's shared spectrum. On January 15,
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  • Request at 2. 47 C.F.R. � 22.621. Request at 3. Id. Id. Id. Wireless Telecommunications Bureau Seeks Comment On Request for Waiver By DuPage Public Safety Communications To Obtain a License For Eight Unassigned Frequencies Allocated For Non-Public Safety Use, Public Notice, DA 01-264 (WTB PSPWD rel. Feb 2, 2001). Request at 2 (footnote omitted). Id, See 47 C.F.R. � 90.313. See, e.g., Village of Bartlett, Illinois, Department of Police Comments, Carol Stream (Illinois) Fire Protection District Comments, City of Elmhurst, Illinois, Glenside (Illinois) Fire Protection District Comments, and Village of Hanover Park Comments. See 47 U.S.C. � 337. 47 U.S.C. � 337(c)(1); see also Balanced Budget Act, � 3004. Id. 47 U.S.C. � 337(f). Request at 2. Request at Appendix
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  • from another system is present on that frequency. The level of monitoring must be sufficient to avoid causing harmful interference to other systems. See 47 C.F.R. � 90.187(b). Exception: A frequency in a trunked radio system is exempt from the monitoring requirements if (1) in the 470-512 MHz band, and the licensee meets the loading requirements of 47 C.F.R. � 90.313 and has exclusivity in its service area; or (2) the licensee has obtained consent from all ``affected licensees'' using either the ``mileage separation'' or ``protected contours'' procedures under 47 C.F.R. � 90.187(b)(2). Furthermore, the Commission stated that it would rely on the certified FACs to specify a ``level'' of monitoring and that the FACs must develop and employ uniform procedures
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  • Data, Inc. (RF Data) submitted a petition seeking reconsideration of the above-captioned authorization granted to RF Data. RF Data applied for six frequency pairs in its license application, but it was assigned only one frequency pair for its operation of Station WPST296, Houston, Texas. For the reasons set forth below, we dismiss RF Data's Petition. 2. Introduction. Sections 90.187 and 90.313 of the Commission's Rules require applicants for Industrial/Business (I/B) Radio Pool trunked systems in the 450-512 MHz band to demonstrate loading of ninety mobile units on each channel in order to be authorized for multiple channels. On May 2, 2001, RF Data, Inc. applied for authority to operate a trunked radio station in Houston, Texas using six 470-512 MHz I/B
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  • Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau See FCC File No. 9707D085896. Declaration of Benny L. Atkins, Operations Manager, Tufco Ready Mix, Inc. dated November 23, 1998, filed as an attachment to Opposition to Petition for Reconsideration filed by Tufco on November 25, 1998 (Atkins Declaration). See FCC File No. A021112. Id. See 47 C.F.R. � 90.313. See Atkins Declaration, pp. 1-2. Comtex Communications, Inc., Order, 15 FCC Rcd 11730 (WTB PSPWD 2000). 47 C.F.R. � 1.87(a). Comtex Communications, Inc. Petition for Reconsideration, filed July 12, 2000 (Petition). Id. at 2. The two additional frequency pairs are 484.8625/487.8625 MHz and 484.8875/487.8875 MHz. Petition at 2. Id. at 3. See 47 C.F.R. � 1.87(g)(1). Federal Communications Commission DA
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  • Court, Suite 330, The Woodlands, TX 77380 and to Sagara Farms, Inc., P.O. Box 425, Esparto, CA 95627. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 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 See 47 C.F.R. � 90.313. Champion Communications Services, Inc., Order, DA 00-1603 (WTB PSPWD rel. July 20, 2000). 47 C.F.R. � 1.87(a). Letter from David Terman, President, Champion Communications Services, Inc. to William Knowles-Kellett, FCC, dated May 1, 2000. See 47 C.F.R. � 1.87(g)(1). Champion also operates Station KNQ284 from another site that is 65.38 miles from the Sagara Farms transmitter site. Based on the
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  • MHz band in the Los Angeles, California area. On August 27, 2001, MRA filed a petition seeking reconsideration of the license grants of Stations WPSE246 and WPSE248. MRA contends that MRSI's operations will cause harmful interference to Stations WIL252, WII345, WPSR337, WSD94, and WIJ226 and stations authorized to other licensees. MRA alleges that MRSI exceeded the channel-loading requirements of Section 90.313 of the Commission's Rules and that MRSI failed to obtain the signed consent of MRA and all co-channel licensees for the proposed loading increase. MRA contends that because MRSI's frequencies are only 12.5 kHz removed from those of MRA and other licensees and MRSI's facilities are located within such close vicinity to such facilities, that there is significant overlap of
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  • States will be more fully complied with.'' However, the Commission does not have formal procedures recognizing ``petitions to modify'' submitted by third parties. Rather, we treat such requests as informal requests for Commission action pursuant to Section 1.41 of the Commission's Rules, 47 C.F.R. � 1.41. Accordingly, we are considering the Petition pursuant to Section 1.41 of the Rules. Section 90.313(c) of the Commission's Rules provides that until a private land mobile radio channel in the 470-512 MHz band is fully loaded, it will be available for assignment to other users in the same area. Further, pursuant to Section 90.313(a)(1) of the Commission's Rules, a channel in the 470-512 MHz band for public safety systems is considered fully loaded if 50
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  • 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). The definition of LMS also includes existing Automatic Vehicle Monitoring operations below 512
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  • 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). The definition of LMS also includes existing Automatic Vehicle Monitoring operations below 512
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  • Commission's Rules. Finally, Champion states that BFI did not provide evidence that Champion's operation of Station WPSK972 would cause harmful interference to BFI's Station KAT277. On February 26, 2003, BFI replied that the grant of the license for Station WPSK972-after the issuance of an exclusive use license to BFI-at the same location as BFI, was in direct conflict with Section 90.313 of the Commission's Rules. BFI opines that the captioned grant to Champion was a ministerial error and again requests license revocation. DISCUSSION BFI is licensed for 233 mobile units on the channel, and therefore the channel is loaded to capacity and BFI has exclusivity. According to Section 90.313(c) of the Commission's Rules, a frequency pair, after it is loaded to
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  • California (0000526163) and to add frequencies to its authorization for Station WIL525, Santa Paula, California (0000530288) on the grounds that the proposed operations would not provide the required interference protection to co-channel stations. Specifically, the Branch concluded that the applications were defective because they proposed operations within sixty-four kilometers (forty miles) of fully loaded co-channel stations, in violation of Section 90.313(c) of the Commission's Rules. In its petitions for reconsideration of the dismissals, Mobile Relay Associates argues that the dismissals were improper because the requested authorizations within sixty-four kilometers of protected co-channel stations authorizations were for temporary locations, which by definition are secondary to the non-temporary stations of pre-existing licensees, and thus would be required to avoid causing interference to protected
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  • Request need not be considered a petition for reconsideration for us to consider the merits thereof. We also find that RF Data's reference to Walker's pending request for extension of time to construct Station WPSV754 irrelevant to whether the grant of the frequency pair 471/474.3875 MHz to Station WPTJ220 was based on a defective frequency coordination and contrary to Section 90.313 of the Commission's Rules. Therefore, having concluded that the allegations in the requests are properly before us, we now proceed to resolve the matter. Based on the information before us, we conclude that the RF Data Application should not have been granted given that the Walker Application was earlier filed and had been granted to authorize ninety mobile units on
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  • Public Safety and Private Wireless Division were assumed by the Public Safety and Critical Infrastructure Division. See Reorganization of the Wireless Telecommunications Bureau, Order, FCC 03-291, � 2 (rel. Nov. 25, 2003). FCC File No. 0001262301 (filed Apr. 3, 2003). FCC File No. 0001262344 (filed Apr. 3, 2003). Dismissal Letter, Ref. No. 2034665 (June 27, 2003). See 47 C.F.R. � 90.313. FCC File No. 0001276840 (filed Apr. 15, 2003). Dismissal Letter, Ref. No. 2034666 (June 26, 2003). See 47 C.F.R. � 90.313. 47 C.F.R. � 1.106(i). 47 C.F.R. � 0.401. Id. 47 C.F.R. � 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996);
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  • our licensing records to reflect such cancellation. BACKGROUND 2. The Commission's Rules provide that Private Land Mobile Radio (PLMR) frequencies between 470 and 512 MHz may be assigned on a shared basis to multiple users in the same area until a channel pair is loaded to capacity. For Industrial/Business Pool systems, channel capacity is reached at ninety mobile units. Section 90.313(c) of the Commission's Rules provides that, once a frequency pair is fully loaded, it may only be reassigned at a distance of at least sixty-four kilometers (forty miles). 3. On May 30, 2001, the Commission received an application from Walker to operate an Industrial/Business Pool conventional station with ninety mobiles on frequency pair 471/474.3875 MHz at 233 South Wacker Drive,
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  • 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, WT Docket No. 98-20, 13 FCC Rcd 21027, 21076 � 106 (1998). Prior to implementation of ULS, notifications were required for 470-512 MHz frequencies in accordance with Section 90.313 of the Commission's Rules, 47 C.F.R. � 90.313 and 800/900 MHz frequencies in accordance with Section 90.651 of the Commission's Rules, 47 C.F.R. � 90.651. Prior to implementation of ULS, notifications were required for 470-512 MHz frequencies in accordance with Section 90.313 of the Commission's Rules, 47 C.F.R. � 90.313 and 800/900 MHz frequencies in accordance with Section 90.651 of
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  • 2003). Petition for Reconsideration, or Alternatively, Petition for Initiation of Revocation Proceeding, filed by Mobile Relay Associates (Apr. 1, 2003). In its Petition, MRA argues that because of lack of notice, its filing is not late-filed under Commission rules. Id. at 1-4. We will not consider this argument because we are dismissing the Petition as moot. Petition at 4-6. Section 90.313 of the Commission rules provides, in relevant part, ``(a) ... the maximum channel loading on frequencies in the 470-512 MHz band is as follows: ... (2) 90 units for systems eligible in the Industrial/Business Pool.'' 47 C.F.R. � 90.313(a)(2). See Wireless Telecommunications Bureau Approves Settlement Agreement and Directs Parties to Dismiss Pleadings Within 30 Days, Public Notice, DA 04-1031 (rel.
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  • the same transmitter site, and for ninety or more mobile units, which ordinarily qualifies for exclusive use. In this connection, the Division concluded that Champion's application should not have been granted to the extent that such action authorized operation within 64 km of a station operating on a frequency pair that was at full capacity because such grant violated Section 90.313(c) of the Commission's Rules. However, rather than revoking the erroneous grant as BFI requested, the Division proposed to modify Champion's license pursuant to Section 316 by replacing frequency pair 472/475.9625 MHz with a frequency pair that would not violate the Commission's Rules. In this connection, the Division noted its belief that a frequency pair replacement is appropriate to preserve the
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  • required by Section 90.137(b) of the Rules. Applicant requested to be licensed on ten channels pursuant to Section 90.187(e) of the Commission's Rules. NSTN asserts that Section 90.187(e) of the Rules does not contain any requirement that an applicant must demonstrate that it has sufficient loading for the channels requested when it submits its application. Nor, submits NSTN, does Section 90.313(c) of the Commission's Rules, which provides that a licensee be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional pair, prevent the assignment of ten channels to Applicant. Otherwise, NSTN argues, no entity would ever be permitted to apply for a ten channel trunked system in the 470-512
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  • California, was coordinated by the Personal Communications Industry Association (PCIA) on May 23, 2002, and subsequently granted on November 25, 2002. USC's license authorized centralized trunked operation on the frequency pairs 470/473.700 MHz, 470/473.725 MHz and 472/475.700 MHz. Under the Commission's Part 90 rules, such operations may be authorized only if the applicant satisfies (1) the loading requirements of Section 90.313 with respect to co-channel licensees and (2) the interference criteria of TIA/EIA/TSB-88 (TSB-88) with respect to adjacent channel licensees. 4. On December 15, 2002, Henry asked that we revoke the grant of the license for Station WPWI786. Henry argues that the coordination of Station WPWI786 was defective because adjacent channel licensees would suffer more than the maximum five percent signal
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  • its initial and current waiver requests, asserts that the five requirements of Section 337(c) of the Act have been met: (1) a search for available spectrum indicates that the paging channels sought are the only viable option and no other alternatives exist. (2) Melville's operations will provide protection from harmful interference to existing co-channel and adjacent channel spectrum users. Section 90.313(c) of the Commission's Rules, 47 C.F.R. � 90.313(c), indicates that applicants must locate facilities greater than forty miles from co-channel licensees in the 470-512 MHz band. Frequency pair 476/479.0125 MHz is assigned to the County of Somerset, New Jersey (Somerset) under Call Signs WQBL360 and WQBL367. Somerset and Melville's closest base stations are located approximately fifty-three miles apart. Therefore, Melville
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  • Lepinski, County of Bergen Police Department, to Marlene H. Dortch, Secretary, Federal Communications Commission; Letter dated Dec. 9, 2004 from Scott DiGiralomo, Chair, Urban Area Security Initiative Executive Committee, to John Muleta, Chief, Wireless Telecommunications Bureau, Federal Communications Commission. See Comments of the Melville, New York, Fire District (filed Dec. 2, 2004). Id. at 3-4; see also 47 C.F.R. � 90.313(c). See Agreement at 2. Bergen and New Jersey are members of the Urban Area Security Initiative, which strives to provide interoperable communications among its member public safety agencies in New Jersey. See id. 47 C.F.R. � 90.179. See Agreement at 2. FCC File No. 0001954152, Request for Waiver. See Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by the
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  • 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 includes existing Automatic Vehicle Monitoring operations below 512 MHz. Unlike other LMS operations,
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  • Wireless Telecommunications Bureau, of the above-captioned application filed by National Science and Technology Network, Inc. (NSTN) for a new trunked private land mobile radio (PLMR) station at La Crescenta, California. The Petition notes that the Division did not address MRA's earlier-filed Informal Objection against the Application, in which MRA argued that grant of the Application would violate Sections 90.187 and 90.313 of the Commission's Rules. For the reasons discussed below, we grant the Petition insofar as we here consider the merits of the Informal Objection, but we otherwise deny the Petition and affirm the grant of the Application. Background. The Application sought, and NSTN was granted, a license for a PLMR station to operate on nine trunked channels, including the frequency
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  • a conventional public safety radio communications system short-spaced to television (TV) station WNEP-TV, Scranton, Pennsylvania. Second, Vernon requests a waiver of Section 90.311(a)(2) of the Commission's rules to use a frequency pair available only to eligible users in the Industrial/Business (I/B) category. Finally, we also consider Vernon's request to use a frequency pair that would require a waiver of Section 90.313(c) of the Commission's rules, but for which Vernon did not seek a waiver. For the reasons discussed herein, we conditionally grant Vernon's request for a waiver of Section 90.307(d); deny the request for a waiver of Section 90.311(a)(2); and deny the request to use the frequency pair subject to Section 90.313(c). We therefore grant Vernon's application, in part, and deny
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  • we deny the request. NSTN requests that the license for Station WIL337 be modified to reduce the number of authorized mobile units because the current number of authorized mobile units, when combined with the number of mobile units authorized by NSTN's license for co-channel Industrial/Business Pool Station WPLT688, San Rafael Hills, California, exceeds the maximum channel loading permitted by Section 90.313(a) of the Commission's Rules. The request is not well-taken, because Station WIL337 was licensed before Station WPLT688. Therefore, if the loading limit is in fact being exceeded, the solution would lie in modifying or revoking NSTN's license for Station WPLT688. We note, however, that MRA previously challenged the frequency coordination for Station WPLT688, and the proceeding has been fully adjudicated.
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  • to the same protection as permanent transmitter sites, and it asserts that temporary stations in the 470-512 MHz band are entitled to protection from interference at each potential temporary fixed repeater location as though they were a permanent fixed repeater. We have reviewed MRA's application and conclude that the facilities specified in the application comply with the requirements of Section 90.313 of the Commission's Rules. The spacing requirements of Section 90.313 are based upon non-temporary, i.e., permanent, licensed facilities. As noted by the frequency coordinator for MRA's application, American Mobile Telecommunications Association, temporary facilities, as a general matter, are not taken into consideration in the frequency coordination process. We find that requiring the protection requested by NSTN for any potential temporary
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  • in the 150-512 MHz frequency bands. Centralized trunked systems must employ equipment that prevents transmission if a signal from another system is present on the frequency, unless the conditions in Section 90.187(b)(1) or (b)(2) are met. Section 90.187(b)(1) provides that monitoring is not required by applicants or licensees in the 470-512 MHz band that meet the loading requirements of Section 90.313 of the Rules and have exclusive use of their frequencies in their service area. Section 90.187(b)(2) provides that monitoring is not required on frequencies where an applicant or licensee does not have an exclusive service area if written consent is obtained from all ``affected licensees.'' Licensees' consent must be obtained if their service contours are overlapped by both the proposed
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  • bands requires applicants for certain trunked systems in non-exclusive service areas to obtain written consent from affected licensees. Section 90.187(b)(2)(i) states, in pertinent part, that a station is are considered affected if it has ``assigned frequencies (base and mobile) that are 7.5 kHz or less removed from proposed stations that will operate with a 12.5 kHz bandwidth.'' In addition, Section 90.313(a)(2) provides that the maximum loading for Industrial/Business Pool frequencies in the 470-512 MHz band is ninety units. Discussion. MRA argues that the application does not comply with Section 90.187(b) because NSTN failed to obtain consent from affected licensees with stations operating on center frequency 12.5 kHz removed from NSTN's proposed frequencies. This argument misconstrues Section 90.187(b)(2). NSTN, because it proposes
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  • associated mobile and temporary-fixed transmitters; or, in the alternative, to reduce the mobile count and permit only decentralized trunking, which would require NSTN to monitor frequency pair 472/475.3125 MHz before transmitting. MRA asserted that NSTN's 1998 application was defective in that neither NSTN nor its frequency coordinator sought MRA's consent to NSTN's proposed operations as required by Sections 90.187 and 90.313 of the Commission's Rules. MRA argued that its consent was required because NSTN proposed, inter alia, to operate within forty miles on the same frequency as the site for which MRA sought authorization in its then-pending 1992 application. On February 27, 2007, the Division denied the Modification Request. It concluded that, under Sections 90.187(b)(2) and 90.313(b) as in effect when
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  • 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 Communication Services in the 5.850-5.925 GHz Band (5.9 GHz Band), WT Docket No.
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  • AAA's coordination, NSTN received an authorization to operate Station WPMP751 on October 28, 1998. On October 27, 2004, MRA, licensee of Station WPLQ457, Santa Paula, California, requested that NSTN's Station WPMP751 be modified to revoke the authorization for the Monte Nido site. MRA argues that the frequency coordination of the NSTN's application was in error. Specifically, MRA notes that Section 90.313 of the Commission's Rules provides that the maximum loading for a 450-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be reassigned within forty miles without the consent of the affected licensee(s). It also notes that its license to operate on frequency pair 471/474.2625 MHz at Santa Paula and La Crescenta, California under Call
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  • Section 90.311(a)(2) of the Commission's rules to allow it to operate on the B/ILT channel. Kinnelon notes that there is only one co-channel B/ILT license, call sign WQCI390, on this channel pair in the NY/NJ Metro Area and that the sites licensed under WQCI390 are in excess of the 64 kilometers (km) (40 mile) minimum co-channel spacing specified in Section 90.313(c) of the Commission's rules. Kinnelon requests waiver of Section 90.311(a)(2) of the Commission's rules which states that, in the 470-512 MHz band, the first license granted on a given channel in an urban area establishes the only category of license that will be allowed subsequently on that channel within that urban area. Because the first licensee on channel pair 477/480.3500
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  • application for Station WPPG553 was granted in December 1999. While MRA's application was pending, NSTN filed its application for Station WPME699, which was granted in June 1998. In the instant request, MRA asserts that the NSTN application was defective in that neither NSTN nor its frequency coordinator sought MRA's consent to NSTN's proposed operations as required by Sections 90.187 and 90.313 of the Commission's Rules. MRA argues that its consent was required because NSTN sought, inter alia, to operate within forty miles on the same frequency as the site for which MRA sought authorization in its then-pending application. MRA requests that we modify NSTN's license to delete locations 3, 8, and 9; or, in the alternative, modify the station class code
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  • license authorizes. Discussion. We have reviewed NSTN's arguments, and we conclude that none of them constitutes grounds to deny MRA's petition. With respect to NSTN's contention that its consent is required because the channel already is fully loaded, we note that Sierra Peak is more than forty miles from all of the co-channel NSTN stations identified in the pleadings. Section 90.313(c) of the Commission's Rules specifies that ``[a] frequency pair may be reassigned at distances 64 km. (40 mi.) ... or more from the location of base stations authorized on that pair without reference to loading at the point of original installation.'' Thus, the channel is not fully loaded at Sierra Peak. Regarding Station WQBH275, NSTN argues that it is entitled
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  • Federal Communications Commission (FCC) (June 7, 2007) (RCA Letter); Letter from James A. Kay, Jr. on behalf of Comm to Public Safety and Homeland Security Bureau, FCC (June 4, 2007) (Comm Letter). Both File No. 0003096479 and File No. 0003096484 contain copies of these same documents. We refer to the documents collectively as Letters of Concurrence. See 47 C.F.R. � 90.313(c); (The Commission allows a frequency pair in the 470-512 MHz band to be reassigned 64 kilometers (forty miles) or more from the location of base stations authorized on that pair). See Letters of Concurrence. Waiver Request at 1 citing Letters of Concurrence. Waiver Request at 2 citing Report to Congress on the Study to Address Short-Term and Long-Term Needs for
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  • and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services. Subpart 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
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  • 473.1000 MHz is interleaved between existing Part 22 point-to-multipoint frequencies 473.0125 and 473.1125 MHz. Id. Waiver Request at 1. Id. Id. Id. at 2. Id. See File No. 0001304138 (July 24, 2003). The Town of Plymouth, Massachusetts Fire Department (Plymouth) is licensed to operate a public safety radio system on these frequencies under call sign WPYD799. As required by Section 90.313(c), Ashland's sites are located more than 40 miles from Plymouth, and, therefore, will not cause any interference to Plymouth's facilities licensed under WPYD799. See, 47 C.F.R. � 90.313(c). Waiver Request at 2. See Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band, PS Docket No. 06-229; Development of Operational, Technical and Spectrum Requirements for Meeting Federal
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  • be certified if an applicant causes or receives unacceptable interference of more than five percent reduction of the calculated service area reliability. See id., attached Frequency Selection Procedures, 12.5 kHz Offset Assignments at 470-512 MHz, at 2. See Attachment B; see also File Nos. 0003424274 and 0003424276, Supplemental Reverse Interference Analysis. Attachment B at 2-16. See also 47 C.F.R. � 90.313(c). See, e.g., 47 C.F.R. � 90.20; see also Waiver Request at 3 and 12. See Waiver Request at 2. 47 U.S.C. � 151. Waiver Request at 12 Id. at 5. . See WLIW Letter. See WTXX Letter at 1. Federal Communications Commission DA 08-2667 Federal Communications Commission DA 08-2667 7 8 � � J � N N 0 N 0
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  • at a later date ...'' See Modification to Region 5, 700 MHz Plan, Docket Number 02-378, attached Letter from David Buchanan, Chair, Region 5 700 MHz Regional Planning Committee, to Marlene H. Dortch, Secretary, Federal Communications Commission (dated Jan. 29, 2008). See Capacity Study at 17. The smaller figure was calculated with the Commission's channel loading criterion, 47 C.F.R. � 90.313, while the larger figure was calculated using Erlang Analysis. Id. Under Erlang/Traffic analysis, system performance is evaluated based upon its ability to serve its users under an offered traffic load - which its components (typically multi-channel trunked radio sites) need to handle. Id. at 8. See id. at 12, 16. See Waiver Supplement at 5. The Commission has designated 2.4
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  • (FCC File No. 0002884148), 472/475.4125 MHz (FCC File No. 0002995043), and 472/475.0875 MHz (FCC File No. 0002997996). Application 0002884148 was granted on April 23, 2007 under Call Sign WQGU853. On May 7, 2007, NSTN filed an informal petition to deny application 0002997996. NSTN argued that MRA could not concurrently request more than one 470-512 MHz band frequency pair because Section 90.313(c) of the Commission's Rules requires that a licensee's assigned frequency pair be at full capacity before it may be assigned a second pair. NSTN also argued that the application was filed in bad faith because MRA does not need additional capacity at this remote location, and MRA selected a frequency pair on which NSTN is authorized in the vicinity rather
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  • and assigning to a user an open channel within that system. For example, the rule requires that the level of monitoring must be sufficient to avoid causing harmful interference to other systems. See 47 C.F.R. � 90.187(b). 47 C.F.R. � 90.187(b)(2). Conversely, applicants in the 470-512 MHz band may obtain exclusivity by satisfying certain loading criteria. See 47 C.F.R. � 90.313(a). 47 C.F.R. � 90.187(b)(2)(ii) and (iii). Affected stations are also a function of channel bandwidth. See 47 C.F.R � 90.187(b)(2)(i). LMCC Letter at 1-2. Id. at 2. Id. In the case of mobile-to-mobile interference, LMCC states that ``the proposed and incumbent mobiles would have to be in exactly the right locations for interference to occur and then be trying to
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  • authorization to operate Station WPMP751 on October 28, 1998. On October 27, 2004, Mobile Relay Associates (``MRA''), licensee of Station WPLQ457, Santa Paula, California, requested that NSTN's license for Station WPMP751 be modified to revoke the authorization for the Monte Nido site. MRA argued that the frequency coordination of the NSTN application was in error. Specifically, MRA noted that Section 90.313 of the Commission's Rules provides that the maximum loading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be reassigned within forty miles without the consent of the affected licensee(s). It also noted that its license to operate on frequency pair 471/474.2625 MHz at Santa Paula and La Crescenta, California under Call
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  • the 470-512 MHz band as part of Conventional Public Safety Pool Station KDA289, El Segundo, California. Station KDA289 is currently licensed for operation on paired frequencies 470/473.3875 MHz, 470/473.6375 MHz and 471/474.1125 MHz (the ``Channels''), among others, for base and mobile transmissions. As discussed herein, we deny El Segundo's application because it fails to satisfy the separation criteria of Section 90.313(c) of the Commission's rules and lacks frequency coordination required under Section 90.175. background In 1975, El Segundo, along with other cities, entered into a frequency sharing pool agreement with the South Bay Regional Public Communications Authority (South Bay or SBRPCA). As a member of the SBRPCA, El Segundo was entitled to use repeaters licensed to and operated by the SBRPCA.
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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 Application of RADIO COMMUNICATIONS ASSOCIATION Request for Waiver of Section 90.313(c) of the Commission's Rules ) ) ) ) ) ) File No. 0003370765 ORDER Adopted: June 25, 2009 Released: June 26, 2009 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction. By letter dated April 18, 2008, National Science and Technology Network, Inc. (NSTN) filed an informal petition to dismiss or deny the above-captioned application and request for waiver
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 09-1433 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of RADIO COMMUNICATIONS ASSOCIATION Request for Waiver of Section 90.313(c) of the Commission's Rules ) ) ) ) ) ) File No. 0003370765 ORDER Adopted: June 25, 2009 Released: June 26, 2009 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. By letter dated April 18, 2008, National Science and Technology Network, Inc. (NSTN) filed an informal petition to dismiss or deny the above-captioned application and request for
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  • at San Rafael Hills, California (locations 1, 7, and 8). As explained below, we take this action as a result of an earlier order proposing to modify NSTN's license. NSTN protested the proposed modification. Based upon our review and analysis of the information before us, we deny NSTN's protest and modify the license for Station WPMP967 as proposed. Background. Section 90.313 of the Commission's Rules provides that the maximum loading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be reassigned within forty miles without the consent of the affected licensee(s). On February 8, 2007, Mobile Relay Associates (MRA) filed an application proposing to operate new base stations on frequency pair 472/475.5750 MHz
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  • 472/475.5750 MHz at San Rafael Hills, California (locations 1, 7, and 8). As explained below, we take this action as a result of an earlier order proposing to modify NSTN's license.1NSTN protested the proposed modification.2Based upon our review and analysis of the information before us, we deny NSTN's protest and modify the license for Station WPMP967 as proposed. 2.Background. Section 90.313of the Commission's Rules provides that the maximumloading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loadedto capacity cannot be reassigned within forty miles without the consent of the affected licensee(s).3 On February 8, 2007, Mobile Relay Associates (MRA) filed an application proposing to operate new base stations on frequency pair 472/475.5750 MHz at Avalon, Sunset
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  • interference to these incumbents. In such a scenario, generally accepted engineering practices require an examination of the relationship between a new PLMR applicant and neighboring PLMR incumbents under the Part 90 interference protection rules and PLMR polices. First, we examine the co-channel relationships with Syosset and Somerset that would be created by grant of the requested waiver to Baldwin. Section 90.313(c) provides that a ``frequency pair may be reassigned at distances 64 km. (forty mi.), ...or more from the location of base stations authorized on that pair....'' On May 2, 2007, Syosset signed a letter of concurrence supporting Baldwin's use of frequencies 502.525 and 505.525 MHz. Baldwin states that ``there are no other co-channel users within 100 km.'' Baldwin concludes that
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  • licensing on these channels.'' Accordingly, Burleson states that it ``is not attempting to license channels below 470 MHz, and as such did not attempt to obtain concurrence for trunking operations.'' Burleson lists four methods to obtain exclusivity under Section 90.187(b), and states that it chooses ``to license channels in the 470-512 MHz band that meet exclusivity distance requirements of [Section] 90.313 and will be loaded to have exclusive use of the frequencies in the service area.'' On December 18, 2008, Enterprise Wireless Alliance noted that ``frequency pair 482/485.5875 MHz is currently available for assignment at the location proposed by Burleson'' because the frequency pair is currently in the public safety category. At the request of Bureau staff, on March 12, 2009,
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  • Section 22.623(b) would not be served by application to the present case. Consequently, we waive Section 22.623(b) on our own motion. Protection of Co-Channel and Adjacent Channel Licensees. We now analyze the impact of the County's proposed operation on co-channel and adjacent channel licensees. As we have indicated above, frequency 476.2875 MHz is assigned to the Syosset Fire District. Section 90.313(c) provides that a ``frequency pair may be reassigned at distances 64 km. . . .or more from the location of base stations authorized on that pair....'' We have verified that Morris County's proposed base stations are more than 64 kilometers from Syosset's co-channel station WPYJ816. Therefore, the application satisfies the co-channel separation requirements of Section 90.313(c). We also find that
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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 MOBILE RELAY ASSOCIATES Request for Waiver of Section 90.313(c) of the Commission's Rules ) ) ) ) ) ) File No. 0001995876 ORDER Adopted: March 17, 2009 Released: March 19, 2009 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction. On January 5, 2005, Mobile Relay Associates (MRA) filed the above-captioned application for a new Industrial/Business Pool station with base stations in Avalon, Rancho Palos Verdes, Malibu, and
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  • seeks modification of MRA's license for Industrial/Business Pool Station WQIM782, Avalon, California, and reconsideration of the grant of MRA's underlying application. Based upon our review and analysis of the information before us, we grant MRA's modification request, and deny NSTN's modification request and petition for reconsideration. Accordingly, we commence a proceeding to modify NSTN's license for Station WPMP967. Background. Section 90.313 of the Commission's Rules provides that the maximum loading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be reassigned within forty miles without the consent of the affected licensee(s). In 1998, NSTN was authorized to operate Station WPMP967 on, inter alia, frequency pair 472/475.5750 MHz with base stations at Oat Mountain,
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  • area. Consequently, you propose that, for purposes of the forty-mile limit in the Los Angeles area, licensees be deemed to be operating at a point ``centered midway between the possible north and south repeater sites,'' rather than at the actual repeater location. We conclude that the requested interpretation is inconsistent with the language of the rule, and therefore incorrect. Section 90.313(c) of the Commission's Rules provides that a 470-512 MHz band frequency band pair ``may be reassigned at distances of 64 km (40 miles) . . . or more from the location of base stations authorized on that pair without reference to loading at the point of original installation.'' Thus, the forty-mile separation is a function of the incumbent's repeater site,
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  • 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 requests a waiver of Section 90.313(c), which requires the County to show that an assigned frequency pair is at full capacity before Franklin may be assigned an additional frequency pair. On August 14, 2009, the Public Safety and Homeland Security Bureau (Bureau) placed Franklin's waiver request and associated applications on public notice. No parties opposed the waiver request. Franklin filed reply comments in which it ``affirms
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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 WAYNE, NEW JERSEY Request for Waiver of Sections 90.305(a), 90.307(d), and 90.313(c) of the Commission's Rules ) ) ) ) ) ) ) File Nos. 0003959144, 0003959145 Order Adopted: August 11, 2010 Released: August 11, 2010 By the Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction The Township of Wayne, New Jersey (Wayne, or the Township) filed two applications and an associated waiver request for authority ``to implement a new
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  • available for use by eligibles in the Public Safety Radio Pool in certain specified counties within the New York City metropolitan area. Because Woodbridge is located in Middlesex County, New Jersey, which is not one of the areas specified by Section 90.303(c), Woodbridge seeks a waiver of this rule, pursuant to Section 1.925. Also, Woodbridge needs a waiver of Section 90.313(c) of the Commission's rules, because the Township's proposed base stations are located less than 64 kilometers from two co-channel, incumbent public safety licensees. By this Order, we grant the Waiver Request on a conditional basis as discussed herein. background The Township states that ``[o]n December 5, 2008 the Commission granted Woodbridge's request to be licensed on fifteen frequency pairs in
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  • operating on Part 22 spectrum by waiver, we have the discretion to apply land mobile interference protection criteria. We exercise this discretion to fulfill our due diligence to examine whether Syosset would cause harmful interference to these public safety entities or any other entities. We now analyze the impact of Syosset's proposed operation on co-channel and adjacent channel entities. Section 90.313(c) provides that a ``frequency pair may be reassigned at distances 64 km ... or more from the location of base stations authorized on that pair ...'' We have verified that there are no licensed co-channel facilities within 64 kilometers of Syosset's proposed base stations. Therefore, the application satisfies the co-channel separation requirements of Section 90.313(c). We also find that the
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  • Inc. (NSTN) (filed Mar. 25, 2009) (Petition). MRA filed an opposition. Opposition to Petition for Reconsideration (filed Mar. 27, 2009). See FCC File No. 0002884148. See FCC File No. 0003077235. See FCC File Nos. 0003027621, 0003367785. See FCC File Nos. 0003366637, 0003661910. See Petition at 2-3. NSTN also appears to suggest that the above-captioned application did not comply with Section 90.313(c) of the Commission's Rules, 47 C.F.R. � 90.313(c), which provides that a licensee may not add a 470-512 MHz frequency pair unless its already-assigned frequency pairs are at full capacity. See Petition at 2. We conclude that Section 90.313(c) is irrelevant to the present matter, because the above-captioned application did not add any frequencies that were not already assigned to
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  • Inc. (NSTN) (filed Mar. 25, 2009) (Petition). MRA filed an opposition. Opposition to Petition for Reconsideration (filed Mar. 27, 2009). 2See FCC File No. 0002884148. 3See FCC File No. 0003077235. 4See FCC File Nos. 0003027621, 0003367785. 5See FCC File Nos. 0003366637, 0003661910. 6See Petition at 2-3. NSTN also appears to suggest that the above-captioned application did not comply with Section 90.313(c) of the Commission's Rules, 47 C.F.R. � 90.313(c), which provides that a licensee may notadd a 470-512 MHz frequency pair unless its already-assigned frequency pairs are at full capacity. See Petition at 2. We conclude that Section 90.313(c) is irrelevant to the present matter, because the above-captioned application did not add any frequencies that were not already assigned to MRA
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  • on November 17, 2010 IS DENIED. This action is taken under delegated authority pursuant to Section 0.131 and 0.331 of the Commission's Rules, 47 C.F.R �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Cc: MD chron S Stone T Fishel Petition for Reconsideration of Notice of Dismissal (filed Nov. 17, 2010) (Petition). See 47 C.F.R. � 90.313(c). See Notice of Dismissal, Ref. No. 5058259 (Nov. 17, 2010). See FCC File No. 0004459790 (filed Nov. 16, 2010). See Petition at 1. See 47 C.F.R. � 1.934(a) (application may be dismissed if the requested spectrum is not available). Federal Communications Commission Washington, D.C. 20554 November 29, 2010 � �C��a�M�*[�*K*�� G3�d"��''� ��׈�)p�^D9) (R)�����ᕟ5 ! �i� ���v���qw�� s��U�{�F{��ed� " ��!w� \0�ܥ4�_{(R)0ih���x
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  • license for Station WQLA270 was canceled before the application was dismissed.5 As noted above, however, your application was dismissed on November 16, 2010, but the license for Station WQLA270 was canceled on November 17, 2010. Consequently, we conclude that your application was properly dismissed.6 1 Petition for Reconsideration of Notice of Dismissal (filed Nov. 17, 2010) (Petition). 2See47 C.F.R. � 90.313(c). 3SeeNotice of Dismissal, Ref. No. 5058259 (Nov. 17, 2010). 4See FCC File No. 0004459790 (filed Nov. 16, 2010). 5SeePetition at 1. 6See47 C.F.R. � 1.934(a) (application may be dismissed if the requested spectrum is not available). 16265 DA 10-2242 Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i),
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  • 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 on FCC
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  • modify the license of National Science and Technology Network, Inc. (NSTN) for Station WPME699 by changing the authorization from FB8 (centralized trunking) to FB6 (decentralized trunking) and decreasing the number of mobile units at the Glendale site to eighty-eight. As explained below, we take this action pursuant to an earlier order proposing to modify NSTN's license. Background. Pursuant to Section 90.313 of the Commission's Rules, the maximum loading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be assigned to other users within forty miles without the consent of the affected licensee(s) or pending applicants. In 1992, Mobile Relay Associates (MRA) filed an application for a new base station at Sierra Peak, Corona,
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  • modify the license of National Science and Technology Network, Inc. (NSTN) for Station WPME699 by changing the authorization from FB8 (centralized trunking) to FB6 (decentralized trunking) and decreasing the number of mobile units at the Glendale site to eighty-eight. As explained below, we take this action pursuant to an earlier order proposing to modify NSTN's license.1 2.Background. Pursuant to Section 90.313 of the Commission's Rules, the maximum loading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be assigned to other users within forty miles without the consent of the affected licensee(s) or pending applicants.2In 1992, Mobile Relay Associates (MRA) filed an application for a new base station at Sierra Peak, Corona, California,
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  • assignments in the TV Channel 19 band. Wayne also requires waiver of Section 90.307(d) of the Commission's rules because its proposed TV Channel 15 operations are short-spaced less than 145 kilometers to adjacent TV Channel 16 Station WNEP-TV, and its TV Channel 19 operations are short spaced to adjacent TV Channel 18 Station WMBC-DT. Finally, Wayne seeks waiver of Section 90.313(c) of the Commission's rules because distances for locations one and four of the proposed frequency, 472.1500 MHz are short-spaced less than 64 kilometers to co-channel incumbent PLMR stations. Wayne ``currently operates on nine `T-Band' channels under call signs: WPYW893, KZV273, WQEK857, WPSH811, and WIL599,'' and ``[a]ll of the channels operate in the conventional, non-trunked mode.'' Wayne states that it ``is
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  • use a frequency pair for a conventional station rather than a trunked station, it is not required to provide a contour overlap study pursuant to Section 90.187(b)(2)(iii). Rather, for co-channel operations in the 470-512 MHz band, as is the case here, the appropriate analysis is whether the proposed operations on the shared channel satisfy the distance separation criterion of Section 90.313(c). Specifically, Section 90.313(c) permits a frequency to be reassigned in the same area when an applicant is at least 64 kilometers (40 miles) from fully-loaded stations. Here, because Plymouth's Station WPYD799 is fully-loaded with 100 mobile units for two frequency pairs, it has exclusivity for a 64-kilometer radius. Because Ashland's site is located 78.2 kilometers from Station WPYD799, we find
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  • COMMUNICATIONS COMMISSION Thomas J. Beers Chief, Policy and Licensing Division Public Safety and Homeland Security Bureau See File Nos. 0003823315 and 0003823334 (filed April 30, 2009, amended October 6, 2009) and 0003823334 (filed April 30, 2009, amended October 6, 2009, May 21, 2010 and March 2, 2011) and attached Request for Waiver of Sections 22.7, 22.501, 22.621, 90.305(b), 90.311, and 90.313(c) of the FCC Rules and Regulations Under Section 337(c) of the Communications Act of 1934, as Amended (Waiver Request). 47 C.F.R. Part 22. Waiver Request at 2. 47 C.F.R. �� 20.9(a)(6), 22.377, 22.621, 22.623(b), 90.311, 90.313(c). See Waiver Request at 1. See also File Numbers 0003823315 and 0003823334, attached Response to E-mail Request for Additional Information; Request for Waiver of
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  • of public safety use within Lancaster's proposed area of operation. Next, Lancaster requests a waiver of Sections 90.307 and 90.309 of the Commission's rules to allow its proposed base stations to be short-spaced to co-channel TV Station WFDC-DT, Channel 15, Washington, DC and adjacent channel TV station WTSD-CA, Channel 14, Wilmington, DE. Finally, the County requests a waiver of Section 90.313(c) so that it will not be required to show that an assigned frequency pair is at full capacity before it may be assigned an additional frequency pair. On August 14, 2009, the Public Safety and Homeland Security Bureau (Bureau) sought comment on Lancaster's waiver petition. The Association for Maximum Service Television, Inc. (MSTV) filed opposing comments, and Lancaster filed reply
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  • See 47 C.F.R. � 90.173(b). See, e.g., Ted S. Henry, Letter, 22 FCC Rcd 662, 663 (WTB MD 2007). DCC also states that Comtronics operates with more power than its license authorizes. If DCC has evidence that Comtronics is operating in an unauthorized manner, it should bring the information to the attention of the Commission's Enforcement Bureau. 47 C.F.R. � 90.313(a)(2). See Petition at 1. See Opposition at 1; see also 47 C.F.R. � 90.313(b). (...continued from previous page) (continued....) Federal Communications Commission DA 11-603 Federal Communications Commission DA 11-603 � � � � ( M v ( M v � ( M v � v v u v v v � � Y Y Y
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  • Bureau 7See47 C.F.R. � 90.173(b). 8See, e.g., Ted S. Henry, Letter, 22 FCC Rcd 662, 663 (WTB MD 2007). DCC also states that Comtronics operates with more power than its license authorizes. If DCC has evidence that Comtronics is operating in an unauthorized manner, it should bring the information to the attention of the Commission's Enforcement Bureau. 947 C.F.R. � 90.313(a)(2). 10SeePetition at 1. 11See Opposition at 1; see also47 C.F.R. � 90.313(b). 5076
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  • we have the discretion to apply land mobile interference protection criteria to examine whether Garden City Park would cause harmful interference to other public safety entities in the New York City urbanized area operating co-channel or adjacent channel to frequencies 476.0625 MHz and 473.1250 MHz. First, we analyze the impact of the Fire District's proposed operation on co-channel licensees. Section 90.313(c) provides that a ``frequency pair may be reassigned at distances 64 km ... or more from the location of base stations authorized on that pair ...'' We have verified that there are no licensed co-channel facilities within 64 kilometers of Garden City Park's proposed base stations on either frequency. Therefore, the application satisfies the co-channel separation requirements of Section 90.313(c).
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  • paragraph (c) of this section. (c) For the purposes of this Section, a frequency may be employed in a trunked system and not have to meet the monitoring requirements of paragraph (b) if the following conditions are met: (1) In the 470-512 MHz band, the loading requirements have been met and the licensee has exclusive use of the frequency under 90.313. (2) In the 150 and 450 MHz bands, all frequency coordination requirements have been met and the consents from all licensees pursuant to paragraphs (c)(2)(i), (c)(2)(ii) and (c)(2)(iii) of this Section have been obtained. (i) Stations that have operating frequencies (base and mobile) that are 15 kHz or less removed from proposed stations that will operate with a 25 kHz
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  • qualified to remain or to become Commission licensees. It appears that the Brashers have caused the filing of applications in the names of dead people and in the names of persons who did not ever know of the applications' existence. Furthermore, it appears that the motive for this course of conduct was to avoid the strictures of PCIA and/or Section 90.313(c) of the Commission's rules, and that Ronald Brasher, on behalf of DLB, obtained control of more channels than the number to which they were, or he thought they were, entitled. Finally, there are serious questions as to whether the Brashers misrepresented facts to or lacked candor with the Commission. If proven at hearing, this sort of intentional and fraudulent conduct
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  • 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, FCC 97-61 (rel. Mar. 12, 1997). See 47 C.F.R. � 90.187(b). The FCC
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  • The use of shared channels continues to grow faster than the increase in the efficiency of their use. We hope that the recent changes made to the frequency allocation system implemented in the "refarming" rulemaking will go some distance toward creating a more efficient spectrum allocation system. See Refarming Second R&O, 12 FCC Rcd 14,307. But see 47 C.F.R. �� 90.313, 90.621, 625, 90.631 (in the 470-512 MHz band and above 800 MHz, PLMR channels are assigned on an exclusive basis, or no additional licenses are granted, if the channel in question is loaded to prescribed levels). 1986 Report and Order, 103 FCC Rcd 1093, 1126, at � 5(g). See In re Petition for Review and Supplement to the Petition for
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  • is appropriate. Finally, there is no dispute regarding Kay's allegations that SLTHS failed to comply with our frequency coordination rules. The Branch denied SLTHS's request for additional mobiles because the application for license modification was not first submitted to the applicable frequency coordinator pursuant to Sections 90.135 and 90.175 of the Commission's Rules. SLTHS also failed to comply with Section 90.313(b) of the Commission's Rules, which requires that licensees operating on a shared channel who seek an increase in authorized mobiles submit a signed statement by all those sharing the channel agreeing to the increase. The appropriate administrative action in light of the failure to properly coordinate the request for additional mobiles was denial of that request - which is what
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  • to accept a license on the basis of not interfering with existing and future full power and low power TV stations. Absent such a statement, the request will be dismissed. We note that subsequent to the dismissal of Goosetown's application, four of the frequency pairs specified in Goosetown's 1997 application have been fully or partially loaded. See 47 C.F.R. � 90.313 (establishing maximum channel loading on frequencies on the 450-512 MHz band). Our licensing records reveal that only frequency pair 472/475.1625 MHz has not been loaded. Goosetown may use the waiver we grant in this order to apply for other available 470-512 MHz frequency pairs, so long as the other technical parameters it specifies are identical to the parameters specified in
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  • determine whether James A. Kay, Jr. has violated Section 308(b) of the Act and/or Section 1.17 of the Commission's Rules by failing to provide information requested in his responses to Commission inquiries; . . . . c) To determine if Kay has willfully or repeatedly violated any of the Commission's construction and operation requirements in violation of Sections 90.155, 90.157, 90.313, 90.623, 90.627, 90.631, and 90.633 of the Commission's Rules; d) To determine whether [Kay] has abused the Commission's processes by filing applications in multiple names in order to avoid compliance with the Commission's channel sharing and recovery provisions in violation of Sections 90.623 and 90.629; . . . . g) To determine, in light of the evidence adduced pursuant to
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  • beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communication facilities. 47 C.F.R. � 90.20(a)(2). Non-governmental entities are eligible for non-SERS Public Safety Pool frequencies provided they obtain concurrence from an eligible governmental entity. Id. 47 C.F.R. � 90.173(a). We note that exclusivity can be obtained in the 470-512 MHz band. See 47 C.F.R. � 90.313. 47 C.F.R. �� 90.625, 90.629, 90.633. For example, the public safety community makes intensive use of frequencies in the 150-174 MHz (upper VHF) band, which has resulted in these frequencies being extremely congested and has impeded efforts to identify and recommend new public safety assignments on these frequencies without causing harmful interference to existing public safety systems. See Alternative Frequencies
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  • Industry Association, Ltd. ("PCIA"), the frequency coordinator, that pursuant to PCIA and FCC rulings, Metroplex, Ronald, and Patricia could only apply for one T-band license in each of their names. (Tr. 290-91, 585.) John Black of Spectrum License Consultants, Inc., confirmed what Fennell had told Ronald. (Tr. 285-87, 290-91, 586, 1635-36.) Black understood PCIA policy to be parallel to Section 90.313(c) of the Commission's Rules, which stated, in pertinent part: "A licensee will be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency pair." (Tr. 1640-45, 1646.) Patricia also understood that a limit existed with respect to the number of licenses that any one entity could obtain at
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  • to ``� 1.9020(d)'' with the correct reference to � 1.9020(e).'' In addition, we replace reference to ``� 1.911(d)'' in our rules (which does not exist) with ``� 1.913(d)'' when citing to the Commission's rules regarding manual filing. See 47 C.F.R. � 1.913(d). See Report and Order at � 39. See 47 C.F.R. �� 101.603(b), 101.701. See, e.g., 47 C.F.R. �� 90.313(c), 90.625(a), 90.633(b). See, e.g., 47 C.F.R. �� 80.511, 90.625(a), 90.627(b)(2), 90.631(c). See, e.g., Viking Dispatch Services, Inc., Memorandum Opinion and Order, 14 FCC Rcd 18814, 18820 n.42 (1999) (Viking); Amendment of Section 90.631 of the Commission's Rules and Regulations Concerning Loading Requirements for 900 MHz Trunked SMR Stations, Report and Order, 7 FCC Rcd 4914, 4915 � 11 (1992). Viking,
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  • was told by Scott Fennell of the Personal Communications Industry Association, Ltd. (``PCIA''), the frequency coordinator, that, pursuant to PCIA and FCC rulings, Metroplex, Ronald, and Patricia could apply for only one T-band license in each of their names. John Black of Spectrum License Consultants, Inc., confirmed what Fennell told Ronald. Black understood PCIA policy to parallel 47 C.F.R. � 90.313(c), which states, in pertinent part: ``A licensee will be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency pair.'' ID at 16713 � 15. 8. Ronald testified that Black told him that Metroplex could obtain multiple T-band channels, despite this limitation, by using different names on the
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  • result in unacceptable interference to NSTN's facilities authorized under Call Signs WPME695, WPLR710, WPMP967, and WPMM274. Specifically, NSTN noted that its licenses authorize the operation of temporary base stations anywhere within thirty miles of the permanent base stations. It contended that MRA's application should not have been granted because, while the proposed site satisfied the distance separation requirements in Section 90.313 of the Rules with respect to NSTN's permanent base stations, it did not meet those requirements with respect to every potential temporary fixed repeater location. NSTN also argued that MRA's proposed site did not satisfy the protection criteria for adjacent channel television operations in Section 90.307 of the Rules with respect to Station KPBS-TV, San Diego, California, licensed to the
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  • on Reconsideration by the Mobility Division (MD) of the Wireless Telecommunication Bureau (Bureau). The Order on Reconsideration denied MRA's request to modify the license of National Science and Technology Network, Inc. (NSTN) for Industrial/Business Pool Station WPME699. For the reasons discussed below, we grant the application for review, and initiate a proceeding to modify NSTN's license. background Pursuant to Section 90.313 of the Commission's Rules, the maximum loading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be assigned to other users within forty miles without the consent of the affected licensee(s) or pending applicants. In 1992, MRA filed an application for a new base station at Sierra Peak, Corona, California, and two
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  • an Order on Reconsideration2by the Mobility Division (MD) of the Wireless Telecommunication Bureau (Bureau). The Order on Reconsiderationdenied MRA's request to modify the license of National Science and Technology Network, Inc. (NSTN) for Industrial/Business Pool Station WPME699.3For the reasons discussed below, we grant the application for review, and initiate a proceeding to modify NSTN's license. II. BACKGROUND 2.Pursuant to Section 90.313 of the Commission's Rules, the maximum loading for a 470-512 MHz Industrial/Business Pool channel is ninety units, and a channel loaded to capacity cannot be assigned to other users within forty miles without the consent of the affected licensee(s) or pending applicants.4In 1992, MRA filed an application for a new base station at Sierra Peak, Corona, California, and two associated
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  • transmission on a trunked frequency if a signal from another system is present on that frequency. Currently, a centralized trunked system is subject to the monitoring requirement unless the applicant either obtains the written consent of all ``affected licensees,'' as defined by the rule; or has obtained exclusive use of its 470-512 MHz band frequencies by loading, pursuant to Section 90.313. Since its adoption in 1997, Section 90.187 has been the subject of several decisions clarifying or interpreting it. We tentatively agree with LMCC that we should revise the rule, and related definitions in Section 90.7 of the Commission's Rules, to make the rule clearer. For example, we propose to clarify that Section 90.187 neither requires applicants for decentralized trunked systems
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • 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, FCC 97-61 (rel. Mar. 12, 1997). See 47 C.F.R. � 90.187(b). The FCC
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-210A1.html
  • was told by Scott Fennell of the Personal Communications Industry Association, Ltd. ("PCIA"), the frequency coordinator, that, pursuant to PCIA and FCC rulings, Metroplex, Ronald, and Patricia could apply for only one T-band license in each of their names. John Black of Spectrum License Consultants, Inc., confirmed what Fennell told Ronald. Black understood PCIA policy to parallel 47 C.F.R. S 90.313(c), which states, in pertinent part: "A licensee will be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency pair." ID at 16713 P 15. 8. Ronald testified that Black told him that Metroplex could obtain multiple T-band channels, despite this limitation, by using different names on the
• http://transition.fcc.gov/eb/Orders/fcc00314.doc http://transition.fcc.gov/eb/Orders/fcc00314.txt
  • qualified to remain or to become Commission licensees. It appears that the Brashers have caused the filing of applications in the names of dead people and in the names of persons who did not ever know of the applications' existence. Furthermore, it appears that the motive for this course of conduct was to avoid the strictures of PCIA and/or Section 90.313(c) of the Commission's rules, and that Ronald Brasher, on behalf of DLB, obtained control of more channels than the number to which they were, or he thought they were, entitled. Finally, there are serious questions as to whether the Brashers misrepresented facts to or lacked candor with the Commission. If proven at hearing, this sort of intentional and fraudulent conduct
• http://wireless.fcc.gov/auctions/21/releases/fc950041.pdf
  • unless an agreement with the licensee is reached.Accordingly, the co&annel separation between LMS systems and co- channel non-I&IS voice systems in the 470-512 MHz band will be 64 km (40 miles), except on Channel 15 in Chicago, Channel 20 in Philadelphia, and Channel 17 in Washmgton where the minimum co-channel separation is 32 km (20 miles). &g 47 C.F.R. 8 90.313. 86.We also adopt our proposal to extend the definition of LMS to below-512 MHx systems.We are not, however, expanding uses of LMS systems below 512 MHx to provide service to individuals or to provide service on a commercial basis.Such wmmercial uses of IhIS would be inconsistent with the nature of the spectrum below 512 MHZ, which is intended primarily for
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_g.pdf
  • unless an agreement with the licensee is reached.Accordingly, the co&annel separation between LMS systems and co- channel non-I&IS voice systems in the 470-512 MHz band will be 64 km (40 miles), except on Channel 15 in Chicago, Channel 20 in Philadelphia, and Channel 17 in Washmgton where the minimum co-channel separation is 32 km (20 miles). &g 47 C.F.R. 8 90.313. 86.We also adopt our proposal to extend the definition of LMS to below-512 MHx systems.We are not, however, expanding uses of LMS systems below 512 MHx to provide service to individuals or to provide service on a commercial basis.Such wmmercial uses of IhIS would be inconsistent with the nature of the spectrum below 512 MHZ, which is intended primarily for
• http://wireless.fcc.gov/services/index.htm?job=licensing_6&id=industrial_business
  • [32]ULS Universal Licensing System [33]ASR Antenna Structure Registration [34]Forms & Fees [35]Industry Canada Canadian licensing information [36]Skip Navigation [37]FCC > [38]WTB > [39]Services > [40]Industrial / Business Home > [41]Licensing > Shared Frequencies [42]FCC Site Map Licensing Shared Frequencies Frequencies in the 470-512 MHz band are shared with UHF-TV channels 14-20 and are only available in 11 cities. [43]47 CFR 90.313 requires licensees to show that any assigned channels in this band in a particular urbanized area are at full capacity before they will be assigned additional 470-512 MHz channels in that area. For stations that are operating at full capacity, the rules specify the minimum allowable distance between co-channel stations. 32 kilometers (20 miles) for: * Channel 15 in Chicago
• http://wireless.fcc.gov/services/index.htm?job=operations_4&id=industrial_business
  • a signal from another system is present on that frequency. The level of monitoring must be sufficient to avoid causing harmful interference to other systems. See [44]47 CFR 90.187(b). * Exception: A frequency in a trunked radio system is exempt from the monitoring requirements if (1) in the 470-512 MHz band, the licensee meets the loading requirements of [45]47 CFR 90.313 and has exclusivity in its service area; or (2) the licensee has obtained consent from all "affected licensees" using either the "mileage separation" or "protected contours" procedures under [46]47 CFR 90.187(b)(2). On December 7, 2001, the Wireless Telecommunications Bureau (Bureau) accepted and approved consensus monitoring levels for non-exempt trunked systems operating on Private Land Mobile Radio (PLMR) channels between 150-512
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000022.doc
  • 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/Bureaus/Wireless/Orders/2000/da000651.doc
  • applied to frequencies in the 470-512 MHz band if the targeted frequencies were assigned on an exclusive basis. On the date Lans Service filed its Request, Station WCC724 was not operating on an exclusive channel, and was therefore not the proper subject of a finder's preference proceeding. In this regard, we note that under the pertinent provisions of former Section 90.313(a)(5) of the Commission's Rules, the maximum channel loading on frequencies in the 470-512 MHz band in the Motor Carrier Radio Service at the time of filing of this Request was seventy (70) units. Our records reflect that there were sixty-eight (68) mobiles operating on shared channel 478.6125/481.6125 MHz at the time the Request was filed. Until the channel reached its
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000693.doc
  • We disagree with J&H's contention that this is not an ``exclusively assigned'' channel subject to a finder's preference proceeding. First, we note that former Section 90.173(k) of the Commission's Rules specifically included 470-512 MHz stations. Station WIL269 was authorized to operate in the 470-512 MHz shared band of the former Business Radio Service. Under the pertinent provisions of former Section 90.313(a)(2) of the Commission's Rules, the maximum channel loading on frequencies in the 470-512 MHz band in the former Business Radio Service was ninety (90) units. Once such a channel had reached its maximum loading level of ninety (90) units, that channel became exclusive and new applicants were not eligible to be licensed on the channel's shared spectrum. On January 15,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001425.doc
  • California. One of the channels that NSTN requests is 471/474.4125 MHz. On March 10, 2000, Dial Mobile Communications (Dial) filed a pleading requesting that the Commission dismiss or deny NSTN's application. For the reasons given below, we deny Dial's request and will grant NSTN's application for the frequencies requested in the application, including channel pair 471/474.4125 MHz. 2. Background. Section 90.313(c) of the Commission's Rules provides, among other things, that once a channel in the 470-512 MHz is loaded to capacity, the frequency will not be reassigned for use by another station within 64 kilometers (40 miles). Dial is the licensee of Industrial/Business Station WPMV644 at Palos Verdes, California, located at 33-44-42 North Latitude, 118-19-55 West Longitude. Station WPMV644 is fully
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001603.doc
  • IS FURTHER ORDERED that this Order shall be sent by certified mail, return receipt requested, to Champion Communications Services, Inc. 1610 Woodstead Court, Suite 330, The Woodlands, TX 77380 and to Sagara Farms, Inc. P.O. Box 425, Esparto, CA 95627. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau See 47 C.F.R. � 90.313. Letter from David Terman, President of Champion Communications Services, Inc. to William Knowles Kellett (sic), FCC, dated May 1, 2000. Id. Champion also operates Station KNQ284 from another site that is 65.38 miles from the Sagara Farms transmitter site. Champion's continued operation of this site is permissible because it is unlikely to cause harmful interference to Sagara Farms. 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00051.doc
  • The use of shared channels continues to grow faster than the increase in the efficiency of their use. We hope that the recent changes made to the frequency allocation system implemented in the "refarming" rulemaking will go some distance toward creating a more efficient spectrum allocation system. See Refarming Second R&O, 12 FCC Rcd 14,307. But see 47 C.F.R. �� 90.313, 90.621, 625, 90.631 (in the 470-512 MHz band and above 800 MHz, PLMR channels are assigned on an exclusive basis, or no additional licenses are granted, if the channel in question is loaded to prescribed levels). 1986 Report and Order, 103 FCC Rcd 1093, 1126, at � 5(g). See In re Petition for Review and Supplement to the Petition for
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00235.doc
  • signal from another system is present on that frequency. The level of monitoring must be sufficient to avoid causing harmful interference to other systems. However, this monitoring requirement does not apply if the conditions in paragraphs (b)(1) or (b)(2), below, are met: (1) Where applicants for or licensees operating in the 470-512 MHz band meet the loading requirements of s 90.313 and have exclusive use of their frequencies in their service area. (2) On frequencies where an applicant or licensee does not have an exclusive service area provided that all frequency coordination requirements are complied with and written consent is obtained from affected licensees using either the procedure set forth in (b)(2)(i) and (b)(2)(ii) of this section (mileage separation) or the
• http://www.fcc.gov/eb/Orders/2004/FCC-04-210A1.html
  • was told by Scott Fennell of the Personal Communications Industry Association, Ltd. ("PCIA"), the frequency coordinator, that, pursuant to PCIA and FCC rulings, Metroplex, Ronald, and Patricia could apply for only one T-band license in each of their names. John Black of Spectrum License Consultants, Inc., confirmed what Fennell told Ronald. Black understood PCIA policy to parallel 47 C.F.R. S 90.313(c), which states, in pertinent part: "A licensee will be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency pair." ID at 16713 P 15. 8. Ronald testified that Black told him that Metroplex could obtain multiple T-band channels, despite this limitation, by using different names on the
• http://www.fcc.gov/eb/Orders/fcc00314.doc http://www.fcc.gov/eb/Orders/fcc00314.txt
  • qualified to remain or to become Commission licensees. It appears that the Brashers have caused the filing of applications in the names of dead people and in the names of persons who did not ever know of the applications' existence. Furthermore, it appears that the motive for this course of conduct was to avoid the strictures of PCIA and/or Section 90.313(c) of the Commission's rules, and that Ronald Brasher, on behalf of DLB, obtained control of more channels than the number to which they were, or he thought they were, entitled. Finally, there are serious questions as to whether the Brashers misrepresented facts to or lacked candor with the Commission. If proven at hearing, this sort of intentional and fraudulent conduct
• http://www.fcc.gov/ogc/documents/opinions/2004/02-1175-091704.pdf
  • Statutes and Regulations 5 U.S.C. � 706(2)(A).........................................................................................................28 28 U.S.C. � 2342.................................................................................................................2 28 U.S.C. � 2344.................................................................................................................2 28 U.S.C. � 2348.................................................................................................................2 47 U.S.C. � 308(b)..........................................................................................................3, 5 47 U.S.C. � 310(d)............................................................................................................10 47 U.S.C. � 402(a)..........................................................................................................1, 2 47 U.S.C. � 402(b)(1).........................................................................................................2 47 U.S.C. � 402(b)(1)(2).....................................................................................................1 47 U.S.C. � 402(b)(5).........................................................................................................1 47 C.F.R. � 0.459................................................................................................................7 47 C.F.R. � 90.1, et seq.......................................................................................................4 Page v 47 C.F.R. � 90.313 (1994)..................................................................................................4 47 C.F.R. � 90.623 (1994)..................................................................................................4 47 C.F.R. � 90.627 (1994)..................................................................................................4 47 C.F.R. � 90.631 (1994)..................................................................................................4 47 C.F.R. � 90.633 (1994)..................................................................................................4 Others FRAP 15(a)(2)(B)...............................................................................................................2 * Cases and other authorities principally relied upon are marked with asterisks. GLOSSARY vi Act The Communications Act of 1934, as amended ALJ Administrative Law Judge Bureau Wireless Telecommunications Bureau or Enforcement Bureau Management Agreement stations