FCC Web Documents citing 90.621

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

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  • the 800 MHz Band, WT Docket 02-55, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15053 �� 154-155 (2004). Id. Id. In general, intercategory sharing requests require a demonstration that no other suitable public safety channels are available to the applicant. See 47 C.F.R. � 90.617(d). See 47 CFR � 90.621(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � } � � 0� � � (R) � � � � � � � � F F ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • effective public safety communications. Our decision here is consistent with our prior Tuscarawas decision, in which we granted a waiver of the General Category freeze on our own motion under similar circumstances. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tompkins in association with FCC File Nos. 0002574431 and 0002574522 is DISMISSED as moot. It is FURTHER ORDERED that the request for waiver of the inter-category sharing freeze and the Wave 4, Stage 1 application freeze for stations
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  • extensive changes are made to the antenna and other transmission subsystem elements. Sprint PRM on Testing at 8. Maryland PRM on Testing at 8, 10. Id. at 10-11. 47 CFR � 90.699(d)(3). Id. Co-channel spacing may be less than seventy miles if stations use smaller antennas and lower their power in accordance with the Commission's short-spacing table. 47 CFR � 90.621(b) (4). See in the Matter of State of Maryland and Sprint Nextel, Memorandum Opinion and Order, WT Docket 02-55, 21 FCC Rcd 11939, 11943 � 12 (Maryland MO&O). Montgomery County Order, 21 FCC Rcd at 13090 � 16. 800 MHz R&O, 19 FCC Rcd at 15047-15048 � 147. Id. at 15046 � 145. Id. note 389. Id. at 15021-15045 ��
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  • Id. Id. at 6. Id. at 7. Id. at 11. Sprint PRM at 4. Id. See Sprint SOP at 11. Sprint PRM at 4. RR at 14-16. Id. at 14. Id. at 15. State of Maryland and Sprint Nextel, Memorandum Opinion and Order, WT Docket No. 02-55, 21 FCC Rcd 11939, 11943 � 12 (PSHSB 2006) (citing 47 C.F.R. � 90.621(b)). Reconfiguration Handbook v2.3 at 99-100. See Irving PRM, App. 10 at 145. See id. at 132. Id. Id. at 7-8. Sprint PRM at 9-10. Id. RR at 16. Id. See Irving PRM, App. 10 at 145. Id. at 133. Id. Id. Id. Sprint PRM at 10. Id. Id. RR at 18. Id. See Irving PRM, App. 125 at 584. Id.
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  • not frustrate the underlying purpose of the freeze and is warranted. Further, we find that grant of the waiver is consistent with our public interest goal to facilitate effective public safety communications. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tuscarawas is DISMISSED as moot. It is FURTHER ORDERED that a waiver of the General Category freeze for station WPDU278 IS GRANTED, and applications FCC File Nos. 0002183000-01 filed by the County of Tuscarawas SHALL BE REFERRED for
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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 DELAWARE, STATE OF Request for Waiver of Section 90.621(b)(4) of the Commission's Rules and the Inter-Category Sharing Freeze in the 800 MHz Frequency Band ) ) ) ) ) ) ) File No. 0002097654 Adopted: January 30, 2007 Released: January 31, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction On March 23, 2005, the State of Delaware (Delaware) filed an application for 800
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  • Policy Division Public Safety and Homeland Security Bureau FCC File No. 0002112329 and accompanying waiver request (filed Apr. 4, 2005; amended Jun. 9, 2005, Jul. 29, 2005, Jan. 3, 2006, Mar. 24, 2006, and Dec. 14, 2006) (Waiver Request). 47 C.F.R. �� 90.247(a), 90.247(c), 90.613. See FCC File No. 0002112329 and Waiver Request. Pennsylvania also requests a waiver of Section 90.621 of the Commission's Rules, 47 C.F.R. � 90.621. See Waiver Request at 1. Pennsylvania does not explain why it requires a a waiver of this rule, and it is not apparent to us that it is required. . We therefore do not consider Section 90.621 in this Order. See ``Amendment attachment, including a Request for Waiver and Technical Showing, Associated
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  • Bureau, Order, 21 FCC Rcd 10867 (2006). See Station License WNYA218. Petition at � 2. 47 C.F.R. � 90.209. See Waiver Request at 1. See Memorandum from Art McDole, Chair, Review and Revision Committee of the Northern California NPSPAC Region 6 to APCO/AFC/FCC, dated March 28, 2003. NPSPAC frequencies are assigned through the regional planning process. See 47 C.F.R. � 90.621(g). 47 C.F.R. � 90.210. The maximum bandwidth permitted by the emission designator 20K0F2D can be discerned from the numbers and characters comprising the designator: 1) ``20K0'' represents the maximum frequency bandwidth of the emission, in this case, 20.0 kHz; 2) the ``F'' shows that the emission is frequency modulated; 3) the ``2'' shows that the emission is a digital modulation,
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  • submitts an engineering analysis based on Telecommunications Industry Association (TIA) TSB-88 methodology, purporting to show that all incumbent co-channel stations are adequately protected against interference. We find Florida has failed to meet the Commission's established criteria for grant of a waiver, specifically because, without explanation or justification, Florida rests its engineering study on an interference prediction methodology inconsistent with Section 90.621(b) of the Commission's Rules. Because Florida has not justified the short-spacing, we are dismissing its waiver request for ``offset'' short-spaced channels, and dismissing the associated applications. background Florida seeks a waiver of Section 90.617 of the Commission's Rules to use 12.5 kHz ``offset'' channels at three sites: Lakeland, Dundee, and Fort Meade. At the Lakeland site, Florida claims that its
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  • future. However, we make no determination here regarding CallComm's right to assert such a claim or the merits of such a claim. Conditions Sprint's authorization to operate in the 821-824/866-869 MHz band under three EA licenses in Region 7 is hereby conditioned on its compliance with the following: Sprint will provide appropriate co-channel protection to incumbent licensees pursuant to Section 90.621(b) of the Commission's co-channel protection rules. Sprint will provide adjacent-channel protection in accordance with the standard adopted by the Commission in the 800 MHz Second Memorandum Opinion and Order based on the petition filed by NPSPAC Region 8 (New York Metropolitan Area). Sprint will not use and will protect the five nationwide mutual aid channels in the 821-824/866-869 MHz band
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  • the channel is licensed for new post-rebanding NPSPAC facilities. Additionally, as a condition of the waiver, we require Sprint to take the following steps to protect NPSPAC licensees that relocate to the Channel 1-120 block from harmful interference while Sprint continues to operate on Channel 1-120 channels: Sprint must provide appropriate co-channel protection to relocating NPSPAC licensees pursuant to Section 90.621(b) of the Commission's co-channel protection rules. Sprint must provide adjacent-channel protection to relocating NPSPAC licensees in accordance with the standard adopted by the Commission in the 800 MHz Second Memorandum Opinion and Order based on the petition filed by NPSPAC Region 8 (New York Metropolitan Area). Until Sprint has vacated all Channel 1-120 channels in a particular NPSPAC region, Sprint
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  • by this Public Notice after new licenses are granted until it receives notice that a new licensee intends to activate the channel(s) for testing or commencement of operations. Upon receipt of such notice, Sprint must cease operation on the channel(s) specified in the notice within 60 days to the extent necessary to comply with the co-channel spacing requirements of � 90.621(b). New licenses granted pursuant to this Public Notice will be conditioned on providing such notice to Sprint. Additional Information For further information, contact Tracy Simmons, Policy Division, Public Safety and Homeland Security Bureau, at (717) 338-2657 or Tracy.Simmons@fcc.gov, or Brian Marenco, Policy Division, Public Safety and Homeland Security Bureau, at (202) 418-0838 or Brian.Marenco@fcc.gov. Action by Associate Chief, Public Safety
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  • and Site Inventory Manager, SouthernLINC Wireless, to Public Safety and Homeland Security Bureau, Federal Communications Commission (Oct. 22, 2007) attached to Early Access Waiver Requests for Applications 0003087143 and 0003087144. 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). Offset Waiver Requests at 1. Id. Early Access Waivers at 1. , supra. These requirements are set forth at 47 C.F.R. � 90.621(b)(4). See License Maps. See Application 0003120935. See License Map for frequency 854.2500 MHz, attached to Application 0003120935. See Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15052 �� 152-153 (2004). See License Maps. (...continued from previous page) (continued....)
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  • required for rebanding purposes. Conditional Operation By Sprint on New NPSPAC Channels Prior to completion of rebanding in a NPSPAC region, Sprint Nextel Corporation (Sprint) may continue existing operations on 806-809/851-854 MHz channels after new NPSPAC licenses are granted, but must cease operations on any such channel to the extent necessary to comply with the co-channel spacing requirements of Section 90.621(b) on 60 days notice that the new NPSPAC licensee is ready to use the channel for testing purposes or to commence operations. Once Sprint has received the 60-day notice, Sprint will terminate its operations to the extent necessary to allow the new licensee to operate on the channel without harmful interference. Contact Information For further information, contact: Brian Marenco, Policy
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  • Notice, alleging that interference was occurring at two of its sites - the Ridgeland Road (Central Tower) site in Tallahassee, Florida, and the East Point site (East Point), near Apalachicola, Florida. Liberty claims that replacement frequency 857.0875 MHz used at both the Central Tower and East Point sites (102.49 km apart) does not comply with the short-spacing criteria in Section 90.621(b)(4) of the Commission's rules. The Change Notice proposes certain actions Sprint must take to address the alleged interference and to provide Liberty with what it regards are comparable facilities. The Change Notice also requests that Sprint pay all outstanding amounts due under the FRA, and provide advanced funding for the additional rebanding work necessary to resolve the alleged interference. On
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  • with Sprint Nextel. Implementation Plan at 10. Given that Preferred Acquisition, Inc. (PAI) must, but has not as yet, relocated from the new NPSPAC band, these NPSPAC licensees cannot relocate to the new NPSPAC band because their replacement frequencies would violate the Commission's short-spacing rules relative to PAI's unconstructed licenses. Id. The TA filed a request for waiver of Section 90.621(b) of the FCC's rules to allow for the public safety licensees to proceed with the reconfiguration of their systems. Id. citing 47 C.F.R. � 90.621(b). The TA's waiver request will be addressed in a subsequent order. Id. Implementation Plan at 10. The TA notes that EA licensee, North Sight Communications, Inc., has elected to remain in the ESMR band and
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  • MHz Band New 800 MHz Band Plan for Puerto Rico and the U.S. Virgin Islands ) ) ) ) ) ) ) WT Docket 02-55 ORDER Adopted: November 9, 2010 Released: November 9, 2010 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: INTRODUCTION The 800 MHz Transition Administrator, LLC, (TA) has requested a waiver of Section 90.621(b) of the Commission's rules (co-channel spacing) in order to allow NPSPAC licensees in Puerto Rico to relocate to the ``new'' National Public Safety Planning Advisory Committee (NPSPAC) public safety band (806-809/851-854 MHz) as part of 800 MHz rebanding. The waiver is necessary because Preferred Acquisitions, Inc. (Preferred) holds Economic Area (EA) licenses in the 806-809/851-854 MHz band in Puerto Rico.
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  • is within the contour of the vacated facility or, in the case of vacated EA spectrum, does not extend into an adjacent EA where the channel is not available for licensing; A statement verifying channel availability; A study detailing the directional height of the antenna above average terrain (DHAAT) for any proposed facility employing the short-spacing separation table in Section 90.621(b)(4) of the rules. All participating frequency coordinators will check each notified application for conflicts with other notified applications. Conflicting applications that are submitted for notification on the same date will be considered ``mutually exclusive.'' In such cases, the application with the earliest notification date and time stamp will take precedence when frequency choices are made pursuant to the coordinators' agreed-to
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  • licensee notifies Sprint of its intention to activate the channel(s) for testing or commencement of operations. This advance notice must be provided to Sprint by email at 800mhzinterleavedspectrum@sprint.com. Upon receipt of such notice, Sprint must cease operation on the channel(s) specified in the notice within 60 days to the extent necessary to comply with the co-channel spacing requirements of Section 90.621(b) of the rules. New licenses granted pursuant to this Public Notice will be conditioned on providing such 60-day notice to Sprint. Additional Information For further information, contact Tracy Simmons, Policy Division, Public Safety and Homeland Security Bureau, at (717) 338-2657 or Tracy.Simmons@fcc.gov, or Brian Marenco, Policy Division, Public Safety and Homeland Security Bureau, at (202) 418-0838 or Brian.Marenco@fcc.gov. Action by
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  • PP Docket No. 93-253, First Report and Order, Eighth Report and Order and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd 1463 (1995). Overlay licenses are found in the following services: 800 MHz SMR, Paging and Radio Telephone Service, 39 GHz Service, and 24 GHz Service. 47 C.F.R. � 90.210. See 47 C.F.R. � 22.912 (consent); 47 C.F.R. � 90.621(b)(4) (short-spacing). See, e.g., 47 C.F.R. � 90.210. See 47 C.F.R. � 1.929. See, e.g., 47 C.F.R. �� 1.2110; 24.709. These include foreign ownership restrictions pursuant to Section 310 of the Communications Act and the Commission's rules. 47 U.S.C. � 310. See, e.g., 47 C.F.R. � 90.35. While commercial radio providers offer communications services as their end product, private land mobile
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  • Proposed Rule Making (NPRM), we solicit proposals on how best to remedy interference to 800 MHz public safety systems consistent with minimum disruption to our existing licensing structure and assurance of sufficient spectrum for critical public safety communications. We also seek comment on a Petition for Rule Making filed by the Personal Communications Industry Association (PCIA) seeking amendment of Section 90.621 of the Commission's Rules. Finally, incorporating the record in WT Docket No. 99-87, which deals with matters related to the Balanced Budget Act of 1997, we request comment on the terms and conditions of licenses in the 900 MHz land mobile band if it is used to relocate displaced licensees. Our primary objective in this proceeding is to explore all
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  • licensees but, as discussed in Section II.C.1, below, we will add a substantial service option to provide such licensees with greater flexibility in meeting their construction requirements. 47 C.F.R. � 24.203. 47 C.F.R. � 24.203. 47 C.F.R. � 90.763(b)(1)(i)(A). Note that 38 dbu is equivalent to -84 dbm, assuming an antenna gain of 0 dbd. 47 C.F.R. �� 90.693(b), 90.683, 90.621. Note that 40 dbu is equivalent to -93 dbm, assuming an antenna gain of 0 dbd. 47 C.F.R. �� 101.527, 101.17. The Consumer & Governmental Affairs Bureau (CGB) recently announced significant new outreach initiatives in these defined regions in light of the disproportionate number of households without basic telephone service compared to the Nation overall. See ``FCC Commences Lands of
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  • than 32 kilometers in radius, which PCIA refers to as ``campus-type'' radio systems. PCIA states that although it ``appreciates the Commission's original goal to maximize the number of radio systems that could be accommodated on a single frequency, by limiting the ERP of small footprint systems,'' the possibility of additional channel use is effectively prohibited by the requirement in Section 90.621(b)(4) that applicants protect all existing stations as if the incumbent system was operating at 1000 watts ERP. PCIA also asserts that the power limitation prevents these smaller systems from limiting interference from cellular systems. Therefore, PCIA requests that the power limitations on 800 MHz and 900 MHz systems with an operational radius below 32 kilometers be eliminated. We seek comment
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  • or beyond the Mexico border as stated in paragraph (4) of this section. AA 11-12-13-14-15-16-17-18-19-20 BB 31-32-33-34-35-36-37-38-39-40 CC 51-52-53-54-55-56-57-58-59-60 DD 71-72-73-74-75-76-77-78-79-80 EE 91-92-93-94-95-96-97-98-99-100 FF 111-112-113-114-115-116-117-118-119-120 GG 131-132-133-134-135-136-137-138-139-140 HH 151-152-153-154-155-156-157-158-159-160 II 171-172-173-174-175-176-177-178-179-180 JJ 191-192-193-194-195-196-197-198-199-200 KK 211-212-213-214-215-216-217-218-219-220 LL 231-232-233-234-235-236-237-238-239-240 MM 251-252-253-254-255-256-257-258-259-260 NN 271-272-273-274-275-276-277-278-279-280 OO 291-292-293-294-295-296-297-298-299-300 PP 311-312-313-314-315-316-317-318-319-320 QQ 331-332-333-334-335-336-337-338-339-340 RR 351-352-353-354-355-356-357-358-359-360 SS 371-372-373-374-375-376-377-378-379-380 TT 391-392-393-394-395-396-397-398-399 * * * * * 6. Section 90.621 is amended as follows: � 90.621 Selection and assignment of frequencies. * * * * * se separations shall apply: * * * * * 7. Section 90.669 is amended to read as follows: � 90.669 Emission limits. (a) Out-of-band emission requirements shall apply only to the ``outer'' channels included in an MTA, EA, or MEA licensee and to spectrum
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  • the public switched network. II. DISCUSSION A. Miscellaneous Proposals Frequency Coordination and Related Matters. Applications for new and modified Part 90 stations generally require frequency coordination before the application is submitted to the Commission, but certain types of applications are exempt from the frequency coordination requirement because they do not ``have an impact on near-term frequency selections.'' Pursuant to Section 90.621 of the Commission's Rules, certain licensees are permitted to modify their licenses to authorize CMRS operations instead of PLMR operations, or vice versa. Currently, such applications require frequency coordination. We propose to eliminate the frequency coordination requirement for such applications. We tentatively conclude that frequency coordination is not necessary for such applications because coordinators neither recommend changes between private and
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  • 70-mile zone on either side of the rights-of-way of all operating rail lines in the United States. PTC, once called an Advanced Train Control System (ATCS), operates on six Industrial/Land Transportation frequency pairs in the 900 MHz band and is designed to prevent train collisions, high speed accidents, or incursions into locations reserved for roadway workers. See Waiver of Sections 90.621(d), 90.623(a), 90.629, 90.633, and 90.651(c) of the Commission's Rules to License Use of Six Conventional 900 MHz Frequency Pairs for an Advanced Train Control System, 3 FCC Rcd 427, 427 �� 1-6 (1988). If this petition for a single geographic license is granted, AAR plans to issue sub-licenses to the individual railroads who use ATCS/PTC while it maintains a computerized
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  • WAIVER TO PERMIT RELOCATION OF 800 MHZ GENERAL CATEGORY STATION WNGC433 Comment Date: August 15, 2000 Reply Comment Date: August 25, 2000 On July 14, 2000, City of Denton, Texas (Denton) filed an application to modify its license for Station WNGC433 to relocate the tower. Denton concurrently requested a waiver of the 800 MHz General Category freeze, and of Section 90.621 of the Commission's Rules, 47 C.F.R. � 90.621, to permit short-spacing by Denton. Denton is licensed for three General Category frequency pairs and five Industrial/Land Transportation frequency pairs in the 800 MHz band. This system serves 831 mobile and portable units and is used by Denton's police, fire and medical teams. Denton states that it must relocate its site because
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  • at 11489 � 32. Id. See alsoULS Report and Order, 13 FCC Rcd at 21089 � 139. ULS Reconsideration Order, 14 FCC Rcd at 11489 � 32. Petition at 3. Popkin R&O Reconsideration Petition at 3. ULS Reconsideration Order, 14 FCC Rcd at 11498 � 61. For other Commission decisions dismissing petitions for reconsideration as repetitious, see Waivers of Section 90.621(b) of the Commission's Rules for Applicants in the Special Mobile Radio Service, Order, PR Docket No. 90-34, 8 FCC Rcd 7619 (1993), Investigation of Special Access Tariffs of Local Exchange Carriers, Order on Further Reconsideration, CC Docket No. 85-166, 6 FCC Rcd 76 (1991), and Amendment of Part 73 of the Commission's Rules to Permit Short-Spaced FM Station Assignments by
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  • co-located conventional Business Category channels, licensed as community repeaters to various end-users but operated by GLM. The end-user licensees consented to the proposed consolidation. GLM proposed to create a seven-channel trunked SMR system, on which it would provide trunked commercial service to GLM's customers. In order to convert the Business channels to SMR use, GLM needed a waiver of Section 90.621(e) of the Commission's Rules, which does not permit inter-category sharing by SMR applicants. 3. On August 13, 1997, GLM filed a request for special temporary authority (STA) to use the six channels in its proposed trunked SMR system during the pendency of its application and waiver request. On August 21, 1997, the Commercial Wireless Division granted an STA for a
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  • July 12, 2000, Denton, through the Association of Public-Safety Communications Officials International, Inc., (APCO) an FCC-certified frequency coordinator, filed an application to modify its license for Station WNGC433 by relocating its tower. Denton concurrently requested a waiver of the 800 MHz General Category freeze to allow consideration of its application for modification. In addition, Denton requested a waiver of Section 90.621 of the Commission's Rules, which governs the distance separation between co-channel stations in order to protect against interference. Station WNGC433 is currently short-spaced to stations licensed to Nextel of Texas, Inc. (Nextel) and American Electric Power, Inc. (AEP). A public notice seeking comment on Denton's waiver request was released on July 31, 2000. No comments or reply comments were filed
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of AMERICAN MEDICAL RESPONSE, INC. Applications for Transfer and Assignment of Licenses for Industrial/Land Transportation Frequencies; and Request for Waiver of the Inter-Category Sharing Freeze at 800 MHz and Section 90.621(e)(1) of the Commission's Rules. ) ) ) ) ) ) ) ) ) FCC File Nos. A051269 - A051297, A051359 ORDER ON RECONSIDERATION Adopted: October 27, 2000 Released: November 1, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: introduction On August 25, 2000, American Medical Response, Inc. (AMR) petitioned for reconsideration of the July 28,
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  • that the General Category Suspension Order allows waivers, Champion argues, a waiver is not appropriate because Henderson failed to include any information in its application to justify such a waiver. Champion further argues that because Champion's license for the Bear Mountain site authorizes exclusive use of 851.5875 MHz, grant of Henderson's application would be inconsistent with the provisions of Section 90.621(6)(2)(i) of the Commission's Rules. Thus, Champion argues, Henderson's application should have been dismissed as defective for failure to comply with the Commission's Rules. discussion Based upon our review of the information before us, we agree with Champion that Henderson's application was defective in two respects. First, Henderson filed an application for a General Category channel on March 24, 2000, while
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  • 64 (1990) (declining to expand inter-category sharing in the 900 MHz band). By contrast, prior to 1995, in the 800 MHz band, through ``intercategory sharing,'' SMR, Business, I/LT and Public Safety eligibles were permitted to apply for frequencies in categories other than those for which the applicant or licensee was eligible under certain circumstances. See 47 C.F.R. �� 90.615(a) and 90.621(e) (1994). Former Section 90.621(e) of the Commission's Rules contained the criteria for intercategory sharing of channels. To obtain channels in the Public Safety, I/LT and Business categories, the intercategory sharing rules required the applicant to show that there were no frequencies in their own category and no public safety systems were authorized to on those channels under consideration to be
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  • an additional reason why the grant of Ten Four was inappropriate under the circumstances presented is that once the DSS authorization was cancelled, the station authorization did not exist and thus could not be assigned to Ten Four. Further, even if we treated Ten Four's application as an application for a new station, the application could not be granted. Section 90.621(b) of the Commission's Rules states that co-channel Business category systems must be at least 70 miles apart. Since the transmitter sites are only 39 miles apart, it was error to authorize Ten Four to operate on the frequency pair 898.6500/937.6500 MHz. For all of these reasons, we conclude that the subject modification application should not have been granted. Accordingly, IT
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  • waiver of the requirement) is not substantially complete. See Waste Management, Collection & Recycling, Inc., Memorandum Opinion and Order, FCC 99-134, at n. 37 (rel. June 21, 1999). Thus, we do not consider the December 24 application to have been filed at that time. See 47 C.F.R. �� 90.149(a), 90.175 introductory paragraph (1997). Id. at 6. See 47 C.F.R. � 90.621(b)(4). Federal Express Corporation Request for Rule Waiver filed on May 30, 1997 (Waiver Request). See Five Applicants Petition to Deny filed on May 6, 1997. See also Federal Express Corporation Opposition filed on May 30, 1997, and Five Applicants Reply filed on June 11, 1997. Branch Letter at 2-3. Id. at 2. Id. Id. at 3. According to our licensing
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  • to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, Second Report and Order, 12 FCC Rcd. 19079, 19105 (�67) (1997) (800 MHz Second Report and Order). In its original application to modify, North Sight also submitted an interference contour analysis to show compliance with the rules for short-spaced stations. 47 C.F.R. � 90.621(b)(6). See Request for Waiver filed by North Sight, dated July 16, 1996, at Exhibit Two. Letter from Lloyd W. Coward, Counsel for North Sight Communications, to FCC, Wireless Telecommunications Bureau, Gettysburg, Pa. (Aug. 24, 1998). 47 C.F.R. 90.693(b)-(c). Federal Communications Commission DA 01-1073 Federal Communications Commission DA 01-1073 � �0� �0� �0� �0� �0� �0� �0� �`� �0�
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  • safety communication needs. See e.g., New Jersey State Transit Authority, Order, 14 FCC Rcd 4334, 4337 � 9 (WTB 1999). See also, City of Denton, Texas, Order, DA 00-2411, released 11/30/00. The specific provisions at issue here are 47 C.F.R. �� 90.613, 90.615, which do not allow use of off-set channels in the General Category spectrum, and 47 C.F.R. � 90.621, which addresses co-channel mileage separation requirements. Although it could be argued that the freeze is no longer relevant since the Commission auctioned the General Category channels, it was still technically in effect at the time Florida filed its waiver request and, therefore, we believe it needs to be addressed. These two sections taken together identify the specific General Category channels
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  • for Region VI activities). IAFC/IMSA Reply at 2. Frequency Coordination Report and Order, 103 FCC 2d at 1126 � 70. Id. at 1126-1131 �� 70-9. Atlas Comments at 1; ComNet Comments at 1; GDOT Reply at 2. GDOT says that AASHTO has met its mandate of processing 90 percent of applications within 20 working days or less. 47 C.F.R. � 90.621. 47 C.F.R. � 90.619 (frequencies available along U.S./Mexican and U.S./Canadian border areas). We remind coordinators that fees for frequency coordination services must reasonably reflect the cost of providing coordination services. 700 MHz Second Memorandum Opinion and Order, 15 FCC Rcd at 16,884 � 87. , infra. Id. Id. , infra. See National Plan Report and Order, 3 FCC Rcd at
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  • to protect incumbents from harmful interference. These limitations may restrict the ability of such geographic area licenses to use certain portions of the electromagnetic spectrum or provide service to certain areas in their geographic license areas. Specifically, an EA authorization holder will be required to coordinate with the incumbent licensees by using the interference protection criteria in Sections 90.683 and 90.621(b) of the Commission's rules. However, operational agreements are encouraged between the parties. Should an incumbent lose its license, the incumbent's service area(s) will convey to the relevant authorized holder of the EA. The relevant authorized holder of the EA will then be entitled to operate within the forfeited service area(s) located within its EA, without being subject to further competitive
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  • Telecommunications Bureau dismissing the above-captioned application for a new authorization in the 800 MHz Land Mobile Radio Service. For the reasons discussed below, we deny the Petition. Background. On October 19, 1999, Northwest filed an application for a new 800 MHz trunked radio system at Memphis, Tennessee. The application requested a waiver of the co-channel spacing requirements contained in Section 90.621(b)(4) of the Commission's Rules, as well as a waiver of the Commission's ``intercategory sharing freeze.'' On January 4, 2000, Entergy Services, Inc. (Entergy) filed a petition to deny Northwest's application, alleging that the waiver request was incomplete and that the waiver standard was not met. On January 19, 2000, Northwest requested an extension of time in which to file its
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  • LLP, dated Dec. 14, 1999 (Branch Letter). 47 C.F.R. � 90.617(c). See Petition at 2. Reeves filed its application to modify WPBE376 on December 15, 1998. Application of Reeves Realty, Inc. (FCC File No. 118612) (Application). 47 C.F.R. � 90.617(c). See Nextel Communications, Inc., Order, 14 FCC Rcd 11,678 (WTB 1999) (Nextel). Branch Letter at 1. 47 C.F.R. �� 90.615(a), 90.621(e) (1994). Inter-Category Sharing of Private Mobile Radio Frequencies in the 806/821/851-866 MHz Bands, Order, 10 FCC Rcd 7350 (WTB 1995). Id. at 7351-53 � 8. Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, First Report and Order, Eighth Report and Order, and Second Further Notice of Proposed
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  • Separate Licensing of End-Users Specialized Mobile Radio Systems, Memorandum Opinion and Order, 7 FCC Rcd 5558 (1992) (End-User Order). See End-User Order, 7 FCC Rcd at 5559. Licensing Branch Letter at 2. Id. Id. See Report and Order, PR Docket 85-302, FCC 86-232, 51 Fed. Reg. 18794 (1986). 47 C.F.R. � 90.175(c). Licensing Branch Letter at 2; 47 C.F.R. � 90.621(b)(4). Id. at 4. Marzec Petition at 2. Abraham Communications, Inc., Memorandum Opinion and Order, FCC 96-324 (rel. Sept. 18, 1996)(Abraham). 47 CFR � 90.633(c). 47 CFR � 90.633(d). Id. 47 CFR � 90.135(a)(5). Power did not attempt to add any mobiles to its system until March 1994 -- well over a year after its construction period had expired. Abraham at
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  • - Private Land Mobile Radio Services, Report and Order and Further Notice of Proposed Rule Making, PR Docket No. 92-235, 15 FCC Rcd 16673, 16684 � 21 (2000) (determining that Industrial/Business licensees would be allowed to share frequencies with public safety and Federal Government entities)). See Initial Order, 16 FCC Rcd at 1004-05 � 7. Id. See 47 C.F.R. � 90.621(e)(2); Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies; Establishment of Public Service Radio Pool in the Private Mobile Frequencies Below 800 MHz; Petition for Rule Making of the American Mobile Telecommunications Association, Report and Order and Further Notice of Proposed Rule Making, WT Docket
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  • implementation of the ATCS would automate rail operations nationwide, enabling railroads to operate more safely, efficiently, and economically. For example, the system was designed to prevent train collisions, high speed accidents, and incursions into locations reserved for railway workers. Because some of the ATCS's operating requirements could not be met under the Commission's regulations, AAR sought a waiver of Sections 90.621(d) (providing a means for achieving exclusivity by a seventy-mile protection contour for stations meeting loading requirement), 90.623(a) (limiting the number of channels that may be assigned to a licensee for operation in the conventional mode to five), 90.629 (limiting extended implementation periods to three years), 90.629(b) (requiring annual progress reports by licensees with extended implementation periods, and providing that exclusivity
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  • FOR DECLARATORY RULING Comment Date: March 26, 2001 Reply Comment Date: April 5, 2001 On September 22, 2000, Pacific Wireless Technologies, Inc., licensee of various Specialized Mobile Radio Service (``SMR'') stations in the 800 MHz band in California, filed a petition for declaratory ruling (``Petition'') pursuant to section 1.2 of the Commission's rules, seeking to clarify the meaning of section 90.621(b)(2) of the rules. The request for clarification apparently stems from negotiations between Pacific and Nextel Communications, Inc. (``Nextel'') pursuant to section 90.699(b)(2) of the Rules. Certain facilities operated by Pacific involve transmitters located in Northern California north of 35 degrees latitude and west of 118 degrees longitude (``Protected Area''). Moreover, Pacific employs a high tower-high power design at some of
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  • Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed Dec. 13, 2000) (Petition). Id. at 1. Secondary operations refer to operations that may not cause interference to operations authorized on a primary basis and are not protected from interference from those primary operations. See 47 C.F.R. � 90.7. Petition at 1. See 47 C.F.R. � 90.621. Petition at 1. Id. See Roger Dickinson d/b/a Portable Walkie Talkies to Go, Memorandum Opinion and Order, 15 FCC Rcd 4845, 4850 � 15 (2000) (Dickinson). See also Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and 935-940 MHz bands allotted
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  • operations) is the appropriate station class, not ``MOI.'' Stations with an ``MO'' station class are only permitted to operate on frequencies in the 896-901 MHz band, provided they have an associated base station. The frequencies requested by EMWD in its July 6, 1999, modification application are frequencies designated as ``base-station frequencies,'' pursuant to Section 90.613 of the Commission's Rules. Section 90.621(1)(ii) of the Commission's Rules permits a mobile station to transmit on any frequency assigned to its base station. However, EMWD's application did not propose to operate base stations on the four base-station frequencies that it sought. Nonetheless, instead of dismissing the application as defective, the Branch returned it to the Industrial Telecommunications Association (ITA), the FCC-certified frequency coordinator selected by
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  • uses of the channels in the United States to the extent permitted by the terms and conditions of the U.S./Canada Arrangement. Nextel further submits, with respect to its 335 applications requesting site-by-site facilities operating authority, that ``[e]ach application demonstrates that such use will not cause interference to any incumbent primary U.S. licensee consistent with the co-channel separation requirements of section 90.621(b)(4) of the Commission's Rules.'' IV. COMMENTS ON THE NEXTEL REQUEST 5. On December 22, 1999, the Wireless Telecommunications Bureau (WTB or Bureau) sought comment on Nextel's applications and waiver request and received five comments and three reply comments. In summary, the majority of commenters argue that the Commission should not grant Nextel's request to use the additional channels without notice
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  • 1126 � 70. Id. at 1132 � 80. See, e.g., Ameren Comments at 2; Bay State Comments at 1-2; Central Maine Comments at 1. 47 C.F.R. � 90.603(a). Informal Request at 10. See, e.g., Central Maine Comments at 1; Commonwealth Edison Comments at 2; PCIA Comments at 2. Informal Request at 8; PSE&G Comments at 3-4. See 47 C.F.R. � 90.621(b)(1)-(3). See 47 C.F.R. � 90.619. ITA Comments at 2. Informal Request at 9. See Frequency Coordination Report and Order, 103 FCC 2d at 1132 � 80. Id. at 1132-1140 �� 81-96. Id. at 1138 � 92. Id. at 1139 � 94. For instance, PCIA is a trade association that currently represents the interests of both commercial and private users of
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  • to operate on 859.8125 and 858.8125 MHz in Plainview, Colorado, since 1993. Quicksilver argues that we should set aside the grants of 21st Century's license for Station WPTL333 and Weerts' license for Station WPTL317, which operate on the same frequencies as WNZU663, because they are located less than 55 miles from the stations licensed to Quicksilver, in violation of Section 90.621(b) of the Commission's Rules. Quicksilver further asserts that neither 21st Century nor Weerts has obtained Quicksilver's concurrence to be short-spaced to Quicksilver's system. We have reviewed the record in this proceeding and agree with Quicksilver that the licenses for Stations WPTL333 and WPTL317 should not have been granted. 21st Century and Weerts proposed to operate on frequencies licensed to Quicksilver
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  • applications for various 800 and 900 MHz channels for use in its proposed AIRSMR system: four applications for Industrial/Land Transportation (I/LT) channels, one application for Business channels, five applications for both I/LT and Business channels, six applications for Specialized Mobile Radio (SMR) channels, and one application for General Category channels. LMR contemporaneously requested a waiver of Sections 90.175, 90.603, 90.615, 90.621(a) and (b), and 90.631(b), (e) and (f) of the Commission's Rules to establish its proposed AIRSMR system. Numerous licensees filed pleadings opposing LMR's applications and associated waiver request. On January 14, 1993, in response to the pleadings filed against its applications and waiver request, LMR submitted a reply that contained modifications to its applications and waiver request (Waiver II). In
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  • further contends that CMRS Systems neither obtained a waiver of the Commission's short-spacing rules nor a concurrence from Clarus showing that Clarus, as a co-channel licensee, agreed to accept interference from the CMRS System station. As a result, Supreme Radio argues that the application was defective and the grant of the license to CMRS Systems should be set aside. Section 90.621(b) of the Commission's rules requires a minimum separation between stations, such as WPEF422 and KNRP591, to be 113 kilometers absent a waiver of the short-spacing rules or consent from all existing co-channel licensees. Under the original license, station KNRP591 was properly located 115 kilometers from Clarus's station WPEF422, but CMRS System relocated KNRP591 to within 108 kilometers of WPEF422. While
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  • 470-512 MHz (UHF-TV SHARING) Fixed ancillary signaling and data transmissions. SUBPART S - REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES IN THE 806-824, 851-869, 896-901, AND 935-940 MHz BANDS. 90.609 Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz. 90.619 Frequencies available for use in the U.S./Mexico and U.S./Canada border areas. 90.621 Selection and assignment of frequencies. 90.637 Restrictions on operational fixed stations. 90.655 Special licensing requirements for Specialized Mobile Radio systems. 90.656 Responsibilities of base station licensees of Specialized Mobile Radio systems. 90.658 Loading data required for base station licensees of trunked Specialized Mobile Radio systems to acquire additional channels or to renew trunked systems licensed before June 1, 1993. PART
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  • Radio (PLMR) service frequencies in the 806-821/851-866 MHz bands (800 MHz band) are divided into the following "categories" or "pools:" (a) Specialized Mobile Radio (SMR), (b) Public Safety, (c) Business, (d) Industrial/Land Transportation (I/LT) and (e) General. As a general matter, applicants are licensed on frequencies in the category or categories for which they meet the eligibility criteria. Furthermore, Section 90.621(e) of the Commission's Rules permits "inter-category sharing" whereby applicants that are eligible for licensing in the 800 MHz Public Safety, I/LT, or Business Categories may be licensed on channels outside of their respective categories if no channels are available in the category for which the applicant is eligible. On April 5, 1995, however, the Bureau suspended the acceptance of applications
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  • authorization under call sign WNGS881 to add several frequencies, including frequency 857.7875 MHz, at East Peoria, Illinois. On May 3, 2001, IL Cooperative filed its Petition seeking the deletion of 857.7875 MHz from Supreme's call sign WNGS881, arguing that Supreme's station is located 49.81 miles from IL Cooperative's co-channel station WNQQ259, in violation of the co-channel separation requirements of section 90.621(b)(4). IL Cooperative also states that it did not provide Supreme with a short-space concurrence under section 90.621(b)(5). Section 90.621(b)(4) of the Commission's Rules requires a minimum separation of 113 kilometers (approx. 70 miles) between co-channel facilities operating on applicable 800 MHz frequencies. However, an applicant proposing to locate a station less than 113 kilometers from another co-channel facility may provide,
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  • COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 02-38 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: January 9, 2002 WIRELESS TELECOMMUNICATIONS BUREAU APPROVES REQUEST FOR DISMISSAL OF PETITION FOR DECLARATORY RULING On September 22, 2000, Pacific Wireless Technologies, Inc. (Pacific), filed a Petition for Declaratory Ruling (Petition) requesting that the Commission clarify the meaning of section 90.621(b)(2) of the Commission's rules regarding the appropriate geographic separation for 800 MHz co-channel licensees in Northern California. On March 9, 2001, the Wireless Telecommunications Bureau (Bureau) issued a Public Notice seeking comment on Pacific's Petition. The Bureau received initial comments from Nextel Communications, Inc. (Nextel), Applied Technology Group, Inc. and James A. Kay, Jr. On April 11, 2001, Pacific filed
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  • (Request). Background. PLMRS frequencies in the 806-821/851-866 MHz bands (the ``800 MHz band'') are divided into the following ``categories'' or ``pools'': (a) Specialized Mobile Radio (SMR), (b) Public Safety, (c) Business, (d) Industrial/Land Transportation (I/LT) and (e) General. As a general matter, applicants are licensed on frequencies in the category or categories for which they meet the eligibility criteria. Section 90.621(e) of the Commission's Rules, however, permits ``inter-category sharing'' whereby applicants that are eligible for licensing in the 800 MHz Public Safety, Industrial/Land Transportation or Business Categories can be licensed on channels outside of their respective categories if no channels are available in the category for which the applicant is eligible. On April 5, 1995, the Wireless Telecommunications Bureau (Bureau) suspended
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  • MHz licensees to add, remove, or modify transmitter sites within the composite 22 dBuV/m field strength contour (``22 dBu Contour'') of their existing systems by filing a notification of such modification with the Commission within 30 days after the modification. In addition, section 90.693 requires that a minor modification comply with the Commission's co-channel separation rules set forth in sections 90.621(b)(4)-(6), which govern the permissible distance between co-channel systems to protect against interference. Virtually all of Nextel's Notifications were filed pursuant to Nextel's existing incumbent 800 MHz wide-area authorizations. Nextel is also the 800 MHz geographic area licensee in certain Basic Economic Areas (``BEA''). Accordingly, some of the Notifications were filed as site-by-site applications located within one of Nextel's existing geographic
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  • winning bidders purchased 1030 800-MHz General Category licenses; the SMR lower band auction ended December 5, 2000, with 22 winning bidders obtaining 2800 800-MHz licenses (Lower 80 Channels); and a Multi-Radio Service auction (Auction 43) consisting, in part, of previously unawarded General Category licenses ended January 17, 2002, with 2 winning bidders obtaining 23 General Category licenses. Comments Sections 90.607(a), 90.621(b)(5), 90.629(e), 90.631(d) and (i), 90.635(a) and (c), 90.653, and 90.658. PCIA requests the amendment or elimination of the following rules: (1) section 90.607(a), which requires that applicants describe a planned mode of operation and provide a statement regarding the eligibility of users on the system; (2) section 90.631(d), which addresses increases in system capacity in rural areas, but includes a
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  • winning bidders purchased 1030 800-MHz General Category licenses; the SMR lower band auction ended December 5, 2000, with 22 winning bidders obtaining 2800 800-MHz licenses (Lower 80 Channels); and a Multi-Radio Service auction (Auction 43) consisting, in part, of previously unawarded General Category licenses ended January 17, 2002, with 2 winning bidders obtaining 23 General Category licenses. Comments Sections 90.607(a), 90.621(b)(5), 90.629(e), 90.631(d) and (i), 90.635(a) and (c), 90.653, and 90.658. PCIA requests the amendment or elimination of the following rules: (1) section 90.607(a), which requires that applicants describe a planned mode of operation and provide a statement regarding the eligibility of users on the system; (2) section 90.631(d), which addresses increases in system capacity in rural areas, but includes a
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  • requests). See JPJ MO&O, id. n.37 citing e.g., Automobile Club of Southern California, Order on Reconsideration, 16 FCC Rcd 2934, 2936 � 6 (WTB/PSPWD 2001) and Colorado RSA 7B(2) Limited Partnership, Order, 13 FCC Rcd 22079, 22081, n.17 (WTB/CWD 1998). See e.g., Goosetown Enterprises, Inc., Memorandum Opinion and Order, 16 FCC Rcd 12792, 12795 � 7 (2001). 47 C.F.R. � 90.621 (co-channel separation requirements). See Crawford Order, 17 FCC Rcd at 2015 � 3. See e.g., Roger Dickinson d/b/a Portable Walkie Talkies to Go, Memorandum Opinion and Order, 15 FCC Rcd 4845, 4850 � 15 (2000). 47 C.F.R. � 90.7. , supra and accompanying text. See Crawford Order, 17 FCC Rcd at 2019 n.12. Rayfield Communications, Inc., Memorandum Opinion and Order,
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  • the Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division Wireless Telecommunications Bureau dismissing the application for a trunked Industrial/Business Transportation station in Mesquite and Las Vegas, Nevada. For the reasons set forth below, we grant the Petition in part and otherwise dismiss the Petition because one location on White Eagle Concrete's application did not comply with Section 90.621(b)(4) of the Commission's Rules. Background. Southern California Edison Company (Southern California Edison) is the licensee of trunked Station WNVW897, Boulder City, Nevada. On January 2, 2003, the Commission received White Eagle Concrete's application for a new license to operate on the same frequencies 23.7 km (Location 3, Las Vegas, Nevada) from Southern California Edison's site. On March 6, 2003, the
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  • is fundamental to its ability to review effectively the frequency recommendations made by FCC-certified frequency coordinators in connection with the Commission's licensing determinations. A fundamental aspect of frequency coordination, in any radio service, is an accurate determination by a FCC-certified coordinator as to whether the proposed operations potential will cause harmful interference to existing co-channel or adjacent channel licensees. Section 90.621(b)(4) of the Commission's Rules provides that co-channel stations in the 800 MHz band are required to be separated by 70 miles (113 km). Also, the rules provide that stations operating on frequencies 12.5 kHz offset in the Mexican border region will be considered co-channel with stations operating on non-offset frequencies outside the Mexican border region. Nextel is the licensee of
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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 BOYD GAMING CORPORATION To Modify the License for Business Conventional Station WNCE540 and Request for Waiver of Section 90.621(b) of the Commission's Rules ) ) ) ) ) ) ) File No. 0000983470 ORDER Adopted: September 15, 2003 Released: September 16, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. On August 1, 2002, Boyd Gaming Corporation (Boyd) filed the above-captioned application seeking to modify its license for Business Conventional Station WNCE540, Las Vegas,
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  • Division Wireless Telecommunications Bureau Petition for Reconsideration filed by the County of Beaver (County), dated May 3, 2002 (Petition). See Reference No. 1383567, dated Apr. 15, 2002 (Dismissal Letter). See FCC File No. 0000843248, filed Apr. 10, 2002 (Extension Request). See FCC File No. 0000772245, filed Feb. 14, 2002 (Renewal Application). The County's license was granted by waiver of Section 90.621(b)(4) of the Commission's Rules. See 47 C.F.R. � 90.621(b)(4) (co-channel separation requirement). See 47 C.F.R. � 90.629 (extended implementation period). The County's license expressly stated that ``[f]ailure to certify annually as to station construction commitments will terminate the authority for the extended implementation period and will require complete system construction within six months of the first missed annual certification date.''
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  • the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau See Notice of Dismissal of FCC Application File No. 0001034357 (dated Dec. 4, 2002). TWR Express, Inc., Petition for Reconsideration (filed Dec. 20, 2002) (Petition). Id. at 3. See 47 C.F.R. � 90.621. See Mobile Relay Associates, Inc., Order on Further Reconsideration, 16 FCC Rcd 909, 912 � 9 (WTB 2001); Applications of Samuel Ferguson and A to Z Enterprises, Inc., Order on Reconsideration, 15 FCC Rcd 24638, 24641 � 7 (WTB 2000). FCC Application File No. 0001253785. There was a slight difference in the effective radiated power (ERP) requested in the two
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  • of the anti-collusion rules may be found in Attachment G. Interference Protection for Incumbent Licensees Incumbent SMR systems in the 900 MHz MTA blocks are entitled to co-channel protection by MTA licensees. Among other licensing and technical rules, MTA licensees will be required to afford interference protection to incumbent SMR systems, on a fixed separation basis as provided in Section 90.621. Secondary sites for which applications were filed on or before August 9, 1994, are also afforded complete co-channel protection. Incumbents may modify or add sites so long as they do not exceed their existing 40 dBu signal strength contour. In fact, incumbent systems are not allowed to expand beyond existing service areas unless they obtain the MTA license for the
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  • (PLMR) service frequencies in the 806-821/851-866 MHz bands (the ``800 MHz band'') are divided into the following ``categories'' or ``pools:'' (a) Specialized Mobile Radio (SMR), (b) Public Safety, (c) Business, (d) Industrial/Land Transportation (I/LT) and (e) General. As a general matter, applicants are licensed on frequencies in the category or categories for which they meet the eligibility criteria. However, Section 90.621(e) of the Commission's Rules permits ``inter-category sharing'' whereby applicants that are eligible for licensing in the 800 MHz Public Safety, Industrial/Land Transportation or Business Categories can be licensed on channels outside of their respective categories if no channels are available in the category for which the applicant is eligible. On April 5, 1995, the Wireless Telecommunications Bureau (Bureau) suspended the
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  • of Application Return Letter to Mobilcom regarding File Nos. 0000474637, 0000474744 and 0000474864 (Return Letter). Attachment Letter from Mobilcom filed on Sept. 7, 2001, alerting the Commission that it was modifying its radio service codes for all five of its pending applications (Service Code Letter). Id. ``The frequencies specified in Section 90.617 are unquestionably available for trunked radio systems. Section 90.621(a)(1)(iii) . . . explicitly provides that `[a]uthorizations for non-SMR stations may be granted for up to 20 trunked frequency pairs at a time in accordance with the frequencies listed in � . . . 90.617.' In no case has the applicant requested more than five channels at a given location and all frequencies are listed in Section 90.617(c). Thus, the
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  • Services, LP (DEFS), and seeks to obtain a duplicate license for these operations in its own name. ConocoPhillips's license application requires a waiver of the Commission's rules because of the freeze regarding General Category channels in the 800 MHz band. In view of this, ConocoPhillips requests a waiver of the General Category freeze. ConocoPhillips also requires a waiver of Section 90.621(b) of the Commission's Rules, which governs the distance separation between co-channel stations in order to protect against interference, because of the operation on the subject frequency pair by Station WNPV608, Dumas, Texas, licensed to DEFS. ConocoPhillips submits the required letter of consent from DEFS. Discussion. We may grant a request for rule waiver when (i) the underlying purpose of the
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  • VSS's requested location is too close to the site requested in an application filed earlier by Sunset Bus and Commercial, Inc. (Sunset), and the authorization to relocate VSS's operations on 938/899.4125 MHz should be rescinded because VSS's requested location is too close to Station WPRI751, Las Vegas, Nevada, licensed to Readymix, Inc. (Readymix). Petition at 2 (citing 47 C.F.R. � 90.621). We are addressing these frequencies in other proceedings. Specifically, in an Order released today, we approve a settlement agreement between VSS and Sunset regarding disposition of frequency pairs 937/898.4500 MHz and 938/899.4250 MHz. Sunset Bus and Commercial, Inc., Order, DA 03-447 (WTB PSPWD rel. Feb. 14, 2003). In addition, the Division is working with the frequency coordinators for VSS and
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  • VSS's requested location is too close to the site requested in an application filed earlier by Sunset Bus and Commercial, Inc. (Sunset), and the authorization to relocate VSS's operations on 938/899.4125 MHz should be rescinded because VSS's requested location is too close to Station WPRI751, Las Vegas, Nevada, licensed to Readymix, Inc. (Readymix). Petition at 2 (citing 47 C.F.R. � 90.621). We are addressing these frequencies in other proceedings. Specifically, in an Order released today, we approve a settlement agreement between VSS and Sunset regarding disposition of frequency pairs 937/898.4500 MHz and 938/899.4250 MHz. Sunset Bus and Commercial, Inc., Order, DA 03-447 (WTB PSPWD rel. Feb. 14, 2003). In addition, the Division is working with the frequency coordinators for VSS and
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  • Mobile Radio (PLMR) frequencies in the 806-821/851-866 MHz bands (the ``800 MHz band'') are divided into the following ``categories'' or ``pools:'' (a) Specialized Mobile Radio (SMR), (b) Public Safety, (c) Business, (d) Industrial/Land Transportation (I/LT) and (e) General. As a general matter, applicants are licensed on frequencies in the category or categories for which they meet the eligibility criteria. Section 90.621(e) of the Commission's Rules, however, permits ``inter-category sharing'' whereby applicants that are eligible for licensing in the 800 MHz Public Safety, Industrial/Land Transportation or Business Categories can be licensed on channels outside of their respective categories if certain criteria are met, inter alia, no channels are available in the category for which the applicant is eligible. On April 5, 1995,
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  • (PLMR) service frequencies in the 806-821/851-866 MHz bands (the ``800 MHz band'') are divided into the following ``categories'' or ``pools:'' (a) Specialized Mobile Radio (SMR), (b) Public Safety, (c) Business, (d) Industrial/Land Transportation (I/LT) and (e) General. As a general matter, applicants are licensed on frequencies in the category or categories for which they meet the eligibility criteria. However, Section 90.621(e) of the Commission's Rules permits ``inter-category sharing'' whereby applicants that are eligible for licensing in the 800 MHz band Public Safety, I/LT or Business Categories can be licensed on channels outside of their respective categories if no channels are available in the category for which the applicant is eligible. On April 5, 1995, the Wireless Telecommunications Bureau (Bureau) suspended the
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  • ) ) ) ) ) ) File No. 0000788717 ORDER Adopted: February 25, 2003 Released: February 26, 2003 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: introduction On February 27, 2002, High Tech Communications Services, Inc. (High Tech) filed the above-captioned modification application requesting a waiver (Waiver Request) of the co-channel separation requirements of Section 90.621(b) of the Commission's rules. High Tech is the 800 MHz Specialized Mobile Radio (SMR) geographic area licensee authorized to operate on Channel Block A (channels 401-420, 861.0000-861.5000 MHz) in Economic Area (EA) 174, Puerto Rico. In its Waiver Request, High Tech asks for blanket authority to use a propagation model traditionally used in the 470-512 MHz band to determine permissible
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  • Section 90.693 provides a narrow exception to the General Category freeze. It permits incumbent licensees ``to add, remove or modify transmitter sites within their original 22 dBuV/m field strength contour without prior notification to the Commission so long as their original 22 dBuV/m field strength contour is not expanded and the station complies with the Commission's short-spacing criteria in �� 90.621(b)(4) through 90.621(b)(6).'' In adopting this narrow exception, the Commission explained that it would enable incumbent licensees ``to add new transmitters in their existing service area, without prior notification to the Commission, e.g., to fill in `dead spots' in coverage or to reconfigure their systems to increase capacity within their service area, so long as their 22 dBu interference contours are
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  • Reconsideration. Generally, the distance separation requirement between co-channel I/LT stations in the 800 MHz band is 113 km. We note, as an initial matter, that Potato Hill is more than 113 km from both Stations WNPP607 and WQA519. However, for high sites in California north of 35� North latitude and west of 118� West latitude, additional criteria apply. Specifically, Section 90.621(b)(2) of the Commission's Rules contains a table of high sites in that part of California, and indicates which sites cannot have co-channel stations. Because Potato Hill is not listed in the table, the required co-channel separations must be determined on a case-by-case-basis, taking into consideration parameters such as antenna height, effective radiated power, terrain irregularities, and market conditions. 10. Petitioners
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  • mobile radio services (PLMRS) frequencies in the 806-821/851-866 MHz bands (the ``800 MHz band'') are divided into the following ``categories'' or ``pools'': (a) Specialized Mobile Radio, (b) Public Safety, (c) Business, (d) Industrial/Land Transportation (I/LT), and (e) General. As a general matter, applicants are licensed on frequencies in the category or categories for which they meet the eligibility criteria. Section 90.621(e) of the Commission's Rules permits ``inter-category sharing'' whereby applicants that are eligible for licensing in the 800 MHz Public Safety, I/LT, or Business Categories can be licensed on channels outside of their respective categories if no channels are available in the category for which the applicant is eligible. On April 5, 1995, however, the Wireless Telecommunications Bureau (Bureau) suspended the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit j Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of PROGRESS ENERGY SERVICE COMPANY, LLC For a 900 MHz Trunked Industrial/ Transportation Station License in Zephyrhills, Florida, and Request for Waiver of Section 90.621(b)(4) of the Commission's Rules ) ) ) ) ) ) ) ) ) ) File No. 0000646771 MEMORANDUM OPINION AND ORDER Adopted: June 4, 2004 Released: June 8, 2004 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: Introduction. On December 14, 2001, Universal City Development Partners, LP d/b/a Universal Studios Florida (Universal or Petitioner) filed a
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  • possibly rising to 2,600 in an additional two years, depending on growth rates. Under Section 90.631 of the Commission's Rules, non-SMR (Specialized Mobile Radio) trunked 800 MHz systems will be authorized on the basis of a loading criteria of one hundred mobile stations per channel. Because loading on the proposed system is not anticipated to meet the requirements of Section 90.621, Monroe County requests a waiver. The NPSPAC Florida Region Committee concurs with Monroe County's waiver request. Discussion. We may grant a request for waiver when (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and a grant of the requested waiver would be in the public interest; or
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  • application reinstated. For the reasons set forth below, we grant the Request in part and deny it in part. Specifically, we grant the Request and reinstate the application, except with respect to frequency pair 900/939.950 MHz. With respect to that frequency, we affirm the Branch's action, because the proposed use set forth in the application does not comply with Section 90.621(b)(4) of the Commission's Rules. Background. On September 17, 2002, Progress filed an application to operate a new station in the 900 MHz band at various locations in North Carolina for the purpose of coordinating power company activities. On December 13, 2002, the Branch dismissed the application because operations on one of the requested frequency pairs (900/939.950 MHz) would be less
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  • Branch (LTAB), of the former Public Safety and Private Wireless Division, of the Wireless Telecommunications Bureau (Bureau) dismissed the subject applications on the basis that operations from certain locations of all of the requested 900 MHz frequency pairs would be less than seventy miles (113 km) from the transmitter site of certain co-channel stations. LTAB apprised the Applicants that Section 90.621(b) of the Commission's Rules requires license applicants desiring to operate on 900 MHz channels at distances less than seventy miles from co-channel facilities to submit with their applications either a waiver request or a letter of consent from each licensee operating a constructed and operational station within the seventy miles. The Applicants were further informed that each application that proposes
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  • ) ) WT Docket 02-55 ET Docket No. 00-258 RM-9498 RM-10024 ET Docket No. 95-18 ORDER Adopted: January 24, 2005 Released: January 25, 2005 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: INTRODUCTION In this Order, we consider the Motion for Partial Stay (Motion) filed by the Land Mobile Communications Council (LMCC) seeking stay of Section 90.621(f) of the Commission's Rules and the Opposition of Nextel Communications Inc. to Motion for Partial Stay (Opposition). Section 90.621(f) permits 900 MHz Business or Industrial/Land Transportation (B/ILT) licensees to apply to modify their licenses from the Private Land Mobile Radio (PLMR) category to the Commercial Mobile Radio Service (CMRS) category. LMCC urges that the stay is necessary: (a) in light
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  • However, Nextel has agreed to accept any interference that Metro might cause Nextel when Metro relocates to the SMR Channel and to resolve any interference that Nextel might cause to Metro on the channel. B/ILT Channels. Allowing Metro to operate on the B/ILT channels currently licensed to Nextel on a short-spaced basis is consistent with the Commission's short-spacing rules. Section 90.621(b) of the Commission's rules requires that co-channel licensees maintain a distance separation of 70 miles unless they meet certain criteria necessary to avoid interference resulting from a reduced spacing. If Metro relocates to Nextel's B/ILT channels, as proposed, Metro's base station also will be short-spaced to certain other licensees in the Houston area. However, Nextel has been operating these channels
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  • 2003, Clay filed an application proposing to modify its license for Private Land Mobile Station WPDC613 by adding four new channels pairs to its currently authorized locations. Clay amended its application, on August 21, 2003, to specify a directional antenna at one of the fixed locations. On September 3, 2003, Clay amended its application to request a waiver of Section 90.621(b) of the Commission's Rules. Clay requested a waiver of Section 90.621(b) in order to operate frequency 857.2125 MHz at a location 67.3 kilometers from co-channel Station WPFX943, Ocala, Florida, licensed to Ocala. Section 90.621(b)(4) specifies that co-channel stations may be separated less than 113 kilometers (70 miles) but no less than 88 kilometers (55 miles) if the proposed station satisfies
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  • File No. 0000437301. The application was coordinated by the Industrial Telecommunications Association on April 24, 2001. FCC File No. 0000480181. The application was coordinated by PCIA on May 22, 2001. The Andover and East Boston sites are separated by approximately 22.6 miles. Primary co-channel 900 MHz stations generally must be separated by at least 70 miles. See 47 C.F.R. � 90.621(b)(4). According to IWTI, PCIA failed to notify IWTI of such classification. Petition at 2. See FCC File No. 0000967464. FCC File No. 0000970218. See Informal Objection to Application and Request for Correction of Authorization, dated September 4, 2002 (IWTI Objection). ARINC submitted an opposition to the IWTI Objection on September 17, 2002. See Opposition of Aeronautical Radio, Inc., dated September
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � � � � � H l � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of MOBILE RELAY ASSOCIATES Requests for Waiver of the 800 MHz Intercategory Sharing Freeze and Section 90.621(b)(4) of the Commission's Rules ) ) ) ) ) ) ) File No. 0001558517 ORDER Adopted: November 21, 2005 Released: November 23, 2005 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: Introduction. On December 29, 2003, Mobile Relay Associates (MRA) filed an application for a Business Radio Service Station in Idaho Springs, Colorado. In connection with
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  • not sufficiently served by the existing stations. In addition, the District proposes to use frequencies 458.100 and 458.650 MHz for a total of 600 temporary fixed, low power, remote stations. Finally, the District proposes to use four frequencies from its previous grant, 458.475, 458.750, 458.850, and 458.925 MHz, for control stations. Section 90.261(a) of the Commission's Rules, 47 C.F.R. � 90.621(a), permits fixed use in the 450-470 MHz band on a secondary basis to land mobile operations. The District requests primary status because the proposed system would not be able to tolerate excessive interference or service interruptions that might accompany secondary status, and thus requests a waiver. Section 90.261(c) of the Commission's Rules, 47 C.F.R. � 90.261(c), requires that fixed stations
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  • for Station WPAH495 specifies a center point that differs from the coordinates of Station WNVR291's transmitter. On February 17, 2004, NIPSCO requested revocation of ESP's authorization on frequency 936.7500 MHz. NIPSCO stated that its Station WNVR291 is experiencing harmful interference from ESP's operations on frequency 936.7500 MHz, and that ESP's station is short-spaced to Station WNVR291 in violation of Section 90.621(b)(4) of the Commission's Rules. Because ESP's application for Station WPRM224 was coordinated by the Personal Communications Industry Association (PCIA), the Wireless Telecommunications Bureau's Public Safety and Critical Infrastructure Division on July 6, 2004, directed PCIA to provide information on its coordination of ESP's application, and on the coordination of applications for Chicago Messenger Service's Station WNVA726, Chicago, Illinois, and Veterans
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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 OCCIDENTAL PERMIAN LTD Application for Assignment of Licenses for Commercial 800 MHz Specialized Mobile Radio Frequencies, and Request for Waiver of Section 90.621(b) of the Commission's Rules; and NEXTEL COMMUNICATIONS, INC. Request for Waiver of Section 90.617of the Commission's Rules ) ) ) ) ) ) ) ) ) ) ) ) ) ) FCC File No. 0001072079 ORDER Adopted: February 24, 2005 Released: February 25, 2005 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: In this Order, we
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  • 2003, Clay County filed an application proposing to modify its private land mobile station WPDC613 by adding four new channels pairs to its currently authorized locations. Clay County amended the application on August 21, 2003 to specify a directional antenna at one of the locations. On September 2, 2003, Clay County amended its application to request a waiver of Section 90.621(b) of the Commission's Rules. Clay County indicated that it needed a waiver of Section 90.621(b) in order to operate frequency 857.2125 MHz at a location separated by only 67.3 kilometers from co-channel Station WPFX973, licensed to Ocala. On September 9, 2003, Ocala, filed a petition to deny Clay County's pending application, citing concerns of harmful interference to Ocala's licensed system.
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  • band. Id. at 14974-5 � 5. infra citing 800 MHz Supplemental Order at para. 20. Specifically, Movants did not seek a stay of the effectiveness of rule changes pertaining to interference protection; nor the rule allowing 900 MHz Private Land Mobile Radio Service licensees to convert their licenses to Specialized Mobile Radio/Commercial Mobile Radio Service (i.e., Part 22; revised Section 90.621(f); new Sections 90.672 through 90.675). However, Movants request that all Commission rules that require licensees, such as Movants, to move from their current frequencies, and the rules that restrict high-density cellular operations below 816 MHz be stayed pending appellate review. Motion at n.1. See The Association of Public-Safety Communications-Officials, International, Inc., International Association of Chiefs of Police, International Association of
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  • than seventy miles from Station WNJA910. See Order, 18 FCC Rcd at 10477-78 � 7. On October 1, 2001, Radiowave assigned the license for Station WPLV944 to Nextel of California, Inc. See FCC File No. 0000537411. Secondary operations may not cause interference to primary operations and must accept interference from such operations. See 47 C.F.R. � 90.7. 47 C.F.R. �� 90.621(b)(4), 90.621(b)(5). See, e.g., Roger Dickinson d/b/a Portable Walkie Talkies to Go, Memorandum Opinion and Order, 15 FCC Rcd 4845, 4850 � 15 (2000). (Kurian Order). See Order, 18 FCC Rcd at 10478 � 7. Rayfield Communications, Inc., Memorandum Opinion and Order, 16 FCC Rcd 19513 (WTB PSPWD 2001) (Rayfield). Order, 18 FCC Rcd at 10478 � 7. See id. Petition
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  • permit use of public safety category frequencies at several sites in rural areas of eastern Missouri and southern Illinois. For the reasons discussed below, we grant the request for waiver and permit the processing of Ameren's application. Background. As a general matter, applicants are licensed on frequencies in the category or categories for which they meet the eligibility criteria. Section 90.621(e) of the Commission's Rules permits ``inter-category sharing'' whereby applicants that are eligible for licensing in the 800 MHz Public Safety and Business/Industrial Land Transportation categories may be licensed on channels outside of their respective categories if certain criteria are met. An applicant may be licensed on channels outside of the category for which they are eligible, if there are no
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  • filed by the Central Puget Sound Regional Transit Authority (Puget Sound) to operate on certain 800 MHz band frequencies in Seattle, Washington. In connection with this application, Puget Sound requests (1) a waiver of Section 90.619(b)(8) of the Commission's Rules in order to use Canada primary 800 MHz channels in the U.S.-Canada border zone and (2) a waiver of Section 90.621(b)(4) of the Commission's Rules in order to operate at a distance less than the required minimum separation to a co-channel station. For the reasons set forth below, we dismiss as moot the waiver to operate on Canada primary channels, and grant the waiver of the minimum spacing requirements. Background. On December 7, 2004, Puget Sound filed an application for authorization
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  • co-channel stations on Nob Hill until it sought to add the Tank Farm site, and was informed by its frequency coordinator that it needed RF Pocketcomm's concurrence. On August 21, 2003, Long Beach requested that the Commission rescind the grant of RF Pocketcomm's license for Station WPSL997, on the grounds that the station violates the co-channel separation requirements of Section 90.621(b) of the Commission's Rules, and neither the applicant nor PCIA performed the requisite short-spacing analysis or obtained Long Beach's concurrence. RF Pocketcomm responded that Long Beach should not have been authorized to operate on frequency pair 935/896.225 MHz at Signal Hill because the co-channel Nob Hill community repeater was licensed first, and that Long Beach should not have been authorized
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  • Public Service Company (NIPSCO), licensee of PLMR Industrial/Business Pool Station WNVR291, Crown Point, Indiana. After examining the matter, the Division concluded that ESP's application for authorization to operate on frequency pair 936/897.7500 MHz at the Sears Tower in Chicago should not have been granted because such action authorized operation within 113 kilometers of NIPSCO's co-channel station, in violation of Section 90.621(b)(4) of the Commission's Rules. The Division noted that the application apparently was approved because other community repeater users already were authorized to operate on frequency pair 936/897.7500 MHz at the Sears Tower. The Division noted, however, that those licensees should not have been permitted to relocate those operations to that site (from their original location in Gilberts, Illinois) because they
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  • cases''). See Request for Reinstatement and Cancellation at 7-11. DART believes that the Commission processor should not have deleted the frequency from the authorization without the requisite prior frequency coordination, because Section 90.135 of the Commission's Rules required licensees to submit to the applicable frequency coordinator any application for modification for any change listed in 47 C.F.R. �� 1.929(c)(4) and 90.621(a)(1)(ii). See 47 C.F.R. � 90.135. DART also argues that it should have been clear that it did not intend to delete the frequency because the deletion resulted in an authorization for mobile operation on a frequency for which the licensee no longer had base station authority, contrary to the frequency pairing in Part 90. See Request for Reinstatement and Cancellation
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  • Introduction. On August 13, 2004, the County of Cumberland (Cumberland) filed an application for certain 800 MHz frequencies in Cumberland County, Pennsylvania. In connection with this application, Cumberland requested a waiver of the Commission's freeze on 800 MHz intercategory sharing in order to permit Cumberland to utilize a Business/Industrial/Land Transportation (B/ILT) frequency pair. Cumberland also requested a waiver of Section 90.621(b)(4), the co-channel ``short spacing'' rule. For the reasons stated below, we grant the intercategory sharing waiver request and dismiss the ``short spacing'' waiver request as moot. Background. On April 5, 1995, the Bureau suspended (froze) the acceptance of new applications for intercategory sharing on all private land mobile radio services (PLMRS) frequencies in the 806-821/851-866 MHz frequency bands. The Bureau
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  • km to the Richmond refinery. Id. at 15-16; citing 800 MHz R&O, 19 FCC Rcd at 15077 (� 201); see also 47 C.F.R. � 90.699(d). See Reply of Nextel Communications Inc. to the Proposed Resolution Memorandum of Chevron USA, Inc., filed January 13, 2006 with the TA (Sprint Reply) at 5-6. Id. Id. at 6-7. Id. See 47 C.F.R. � 90.621(b), which specifies how frequencies are assigned on the basis of distance between base stations. See also Co-Channel Protection Criteria for Part 90, Subpart S Stations Operating Above 800 MHz, Notice of Proposed Rulemaking, PR Docket 93-60 8 FCC Rcd 2454, 2459-60 � 16 (1993) (``Historically, we have not considered the effect of mobile units when determining protection criteria. All considerations
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  • spot does not develop because the two signals cancel one another in the overlap area. The TA's guidelines provide that signal strength measurements in the overlap area may be necessary to validate the adjustments. Thus, the TA Handbook provides: ``For larger systems, primarily simulcast systems, coverage drive testing may also be part of the acceptance test.'' See 47 CFR � 90.621(b). Co-channel spacing may be less than 70 miles if stations use reduced antenna height and lower power in accordance with the Commission's short-spacing table. The Commission rejected requests that ``comparable facilities'' should guarantee exact post-reconfiguration replication of a relocating licensee's service area and spectrum capacity, in large part because of the dynamic licensing environment in the private land mobile radio
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  • 2006 at 6-14. Sprint Supplemental Filing at 2. RR at 11. RR at 4. Final Mediation Submission at 6. Id. Sprint Supplemental Filing at 2. RR at 11. MC PS at 2. Co-channel spacing may be less than seventy miles if stations use smaller antennas and lower their power in accordance with the Commission's short-spacing table. See 47 CFR � 90.621(b) (4). RR at 5; MC PRM at 10 Final Mediation Submission, Exhibit D at 4. Sprint Supplemental Filing at 3. Final Mediation Submission, Exhibit D at 4. Sprint PS at 3. RR at 12. RR at 5-6; Final Mediation Submission, Exhibit D at 4, Exhibit B at 1-2. RR at 5-6. Id. Consolidated Supplemental Response of Montgomery County at 40-42;
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  • 3060-0960 Secs. 76.122, 76.123, 76.124 and 76.127 05/31/08 3060-0962 Redesignation of the 18 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the Ka-Band, and the Allocation of Additional Spectrum for Broadcast Satellite Service Use 11/30/08 3060-0963 Secs. 101.527 and 101.529 08/31/07 3060-0966 Secs. 80.385, 80.475, and 97.303 01/31/09 3060-0967 Sec. 79.2 11/30/07 3060-0968 FCC 501 11/30/07 3060-0970 Sec. 90.621 06/30/07 3060-0971 Numbering Resource Optimization, CC Docket Nos. 96-98 and 99-200 11/30/07 3060-0972 FCC 507, FCC 508 and FCC 509 11/30/07 3060-0973 Sec. 64.1120(e) 12/31/07 3060-0975 Promotion of Competitive Networks in Local Telecommunications Markets Multiple Environments (47 CFR Parts 1, 64 and 68) 11/30/07 3060-0978 Sec. 20.18 and Fourth Report and Order Pending OMB Approval 3060-0979 Spectrum Audit Letter 06/30/06
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  • the 800 MHz Band, WT Docket 02-55, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15053 �� 154-155 (2004). Id. Id. In general, intercategory sharing requests require a demonstration that no other suitable public safety channels are available to the applicant. See 47 C.F.R. � 90.617(d). See 47 CFR � 90.621(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � } � � 0� � � (R) � � � � � � � � F F ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • effective public safety communications. Our decision here is consistent with our prior Tuscarawas decision, in which we granted a waiver of the General Category freeze on our own motion under similar circumstances. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tompkins in association with FCC File Nos. 0002574431 and 0002574522 is DISMISSED as moot. It is FURTHER ORDERED that the request for waiver of the inter-category sharing freeze and the Wave 4, Stage 1 application freeze for stations
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  • extensive changes are made to the antenna and other transmission subsystem elements. Sprint PRM on Testing at 8. Maryland PRM on Testing at 8, 10. Id. at 10-11. 47 CFR � 90.699(d)(3). Id. Co-channel spacing may be less than seventy miles if stations use smaller antennas and lower their power in accordance with the Commission's short-spacing table. 47 CFR � 90.621(b) (4). See in the Matter of State of Maryland and Sprint Nextel, Memorandum Opinion and Order, WT Docket 02-55, 21 FCC Rcd 11939, 11943 � 12 (Maryland MO&O). Montgomery County Order, 21 FCC Rcd at 13090 � 16. 800 MHz R&O, 19 FCC Rcd at 15047-15048 � 147. Id. at 15046 � 145. Id. note 389. Id. at 15021-15045 ��
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  • for partial reconsideration. Background. On December 29, 2003, MRA filed an application for a Business Radio Service Station in Idaho Springs, Colorado. In connection with this application, MRA requested waivers of (1) the Commission's freeze on 800 MHz intercategory sharing in order to permit MRA to utilize an Industrial/Land Transportation channel pair, and (2) the minimum spacing requirements of Section 90.621(b)(4) of the Commission's Rules. On November 21, 2005, the Public Safety and Critical Infrastructure Division (Division) of the Wireless Telecommunications Bureau issued an Order dismissing the intercategory sharing waiver request as moot, and denying the short-spacing waiver request because it was not prepared in accordance with the provisions of Section 90.621(b)(4) of the Commission's Rules. As a result, the Order
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  • Id. Id. at 6. Id. at 7. Id. at 11. Sprint PRM at 4. Id. See Sprint SOP at 11. Sprint PRM at 4. RR at 14-16. Id. at 14. Id. at 15. State of Maryland and Sprint Nextel, Memorandum Opinion and Order, WT Docket No. 02-55, 21 FCC Rcd 11939, 11943 � 12 (PSHSB 2006) (citing 47 C.F.R. � 90.621(b)). Reconfiguration Handbook v2.3 at 99-100. See Irving PRM, App. 10 at 145. See id. at 132. Id. Id. at 7-8. Sprint PRM at 9-10. Id. RR at 16. Id. See Irving PRM, App. 10 at 145. Id. at 133. Id. Id. Id. Sprint PRM at 10. Id. Id. RR at 18. Id. See Irving PRM, App. 125 at 584. Id.
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  • not frustrate the underlying purpose of the freeze and is warranted. Further, we find that grant of the waiver is consistent with our public interest goal to facilitate effective public safety communications. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925 and 90.621 of the Commission's Rules, 47 C.F.R. �� 1.925, 90.621, the request for waiver of the inter-category freeze filed by the County of Tuscarawas is DISMISSED as moot. It is FURTHER ORDERED that a waiver of the General Category freeze for station WPDU278 IS GRANTED, and applications FCC File Nos. 0002183000-01 filed by the County of Tuscarawas SHALL BE REFERRED for
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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 DELAWARE, STATE OF Request for Waiver of Section 90.621(b)(4) of the Commission's Rules and the Inter-Category Sharing Freeze in the 800 MHz Frequency Band ) ) ) ) ) ) ) File No. 0002097654 Adopted: January 30, 2007 Released: January 31, 2007 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: Introduction On March 23, 2005, the State of Delaware (Delaware) filed an application for 800
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  • Policy Division Public Safety and Homeland Security Bureau FCC File No. 0002112329 and accompanying waiver request (filed Apr. 4, 2005; amended Jun. 9, 2005, Jul. 29, 2005, Jan. 3, 2006, Mar. 24, 2006, and Dec. 14, 2006) (Waiver Request). 47 C.F.R. �� 90.247(a), 90.247(c), 90.613. See FCC File No. 0002112329 and Waiver Request. Pennsylvania also requests a waiver of Section 90.621 of the Commission's Rules, 47 C.F.R. � 90.621. See Waiver Request at 1. Pennsylvania does not explain why it requires a a waiver of this rule, and it is not apparent to us that it is required. . We therefore do not consider Section 90.621 in this Order. See ``Amendment attachment, including a Request for Waiver and Technical Showing, Associated
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  • Bureau, Order, 21 FCC Rcd 10867 (2006). See Station License WNYA218. Petition at � 2. 47 C.F.R. � 90.209. See Waiver Request at 1. See Memorandum from Art McDole, Chair, Review and Revision Committee of the Northern California NPSPAC Region 6 to APCO/AFC/FCC, dated March 28, 2003. NPSPAC frequencies are assigned through the regional planning process. See 47 C.F.R. � 90.621(g). 47 C.F.R. � 90.210. The maximum bandwidth permitted by the emission designator 20K0F2D can be discerned from the numbers and characters comprising the designator: 1) ``20K0'' represents the maximum frequency bandwidth of the emission, in this case, 20.0 kHz; 2) the ``F'' shows that the emission is frequency modulated; 3) the ``2'' shows that the emission is a digital modulation,
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  • submitts an engineering analysis based on Telecommunications Industry Association (TIA) TSB-88 methodology, purporting to show that all incumbent co-channel stations are adequately protected against interference. We find Florida has failed to meet the Commission's established criteria for grant of a waiver, specifically because, without explanation or justification, Florida rests its engineering study on an interference prediction methodology inconsistent with Section 90.621(b) of the Commission's Rules. Because Florida has not justified the short-spacing, we are dismissing its waiver request for ``offset'' short-spaced channels, and dismissing the associated applications. background Florida seeks a waiver of Section 90.617 of the Commission's Rules to use 12.5 kHz ``offset'' channels at three sites: Lakeland, Dundee, and Fort Meade. At the Lakeland site, Florida claims that its
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  • April 6, 2005, the Division sent a letter to the Personal Communications Industry Association (PCIA), which coordinated the applications for Stations WPKX764 and WPSL997, regarding Long Beach's request. On May 3, 2005, PCIA recommended modifying the license for Station WPSL997 by deleting frequency pair 935/896.225 MHz, because there were no assignable replacement frequencies available, and attempts to short-space pursuant Section 90.621 of the Commission's Rules were not successful. Consequently, the Division proposed to modify the licenses for Stations WPKX764 and WPSL997 to delete frequency pair 935/896.225 MHz. Discussion. The Order Proposing Modification was released on June 5, 2006. FCI 900 did not protest the proposed modification of its licenses within the requisite thirty-day time frame. Accordingly, FCI 900 is deemed to
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  • to frequencies 858.2625 MHz, 858.7375 MHz, and 859.7375 MHz, and deny it with respect to frequency 860.7375 MHz. Accordingly, we shall process American Electric's modification application in accordance with this Memorandum Opinion and Order. BACKGROUND Generally, the Commission licenses Private Land Mobile Radio (PLMR) applicants on frequencies in the category or categories for which they satisfy the eligibility criteria. Section 90.621(e) of the Commission's Rules, however, permits ``intercategory sharing'' whereby applicants that are eligible for licensing in the 800 MHz Public Safety or Business/Industrial/Land Transportation (B/ILT) Categories can obtain licenses on channels outside of their respective categories if certain criteria are met, inter alia, no channels are available in the category for which the applicant is eligible. On April 5, 1995,
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  • future. However, we make no determination here regarding CallComm's right to assert such a claim or the merits of such a claim. Conditions Sprint's authorization to operate in the 821-824/866-869 MHz band under three EA licenses in Region 7 is hereby conditioned on its compliance with the following: Sprint will provide appropriate co-channel protection to incumbent licensees pursuant to Section 90.621(b) of the Commission's co-channel protection rules. Sprint will provide adjacent-channel protection in accordance with the standard adopted by the Commission in the 800 MHz Second Memorandum Opinion and Order based on the petition filed by NPSPAC Region 8 (New York Metropolitan Area). Sprint will not use and will protect the five nationwide mutual aid channels in the 821-824/866-869 MHz band
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  • the channel is licensed for new post-rebanding NPSPAC facilities. Additionally, as a condition of the waiver, we require Sprint to take the following steps to protect NPSPAC licensees that relocate to the Channel 1-120 block from harmful interference while Sprint continues to operate on Channel 1-120 channels: Sprint must provide appropriate co-channel protection to relocating NPSPAC licensees pursuant to Section 90.621(b) of the Commission's co-channel protection rules. Sprint must provide adjacent-channel protection to relocating NPSPAC licensees in accordance with the standard adopted by the Commission in the 800 MHz Second Memorandum Opinion and Order based on the petition filed by NPSPAC Region 8 (New York Metropolitan Area). Until Sprint has vacated all Channel 1-120 channels in a particular NPSPAC region, Sprint
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  • by this Public Notice after new licenses are granted until it receives notice that a new licensee intends to activate the channel(s) for testing or commencement of operations. Upon receipt of such notice, Sprint must cease operation on the channel(s) specified in the notice within 60 days to the extent necessary to comply with the co-channel spacing requirements of � 90.621(b). New licenses granted pursuant to this Public Notice will be conditioned on providing such notice to Sprint. Additional Information For further information, contact Tracy Simmons, Policy Division, Public Safety and Homeland Security Bureau, at (717) 338-2657 or Tracy.Simmons@fcc.gov, or Brian Marenco, Policy Division, Public Safety and Homeland Security Bureau, at (202) 418-0838 or Brian.Marenco@fcc.gov. Action by Associate Chief, Public Safety
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  • and Site Inventory Manager, SouthernLINC Wireless, to Public Safety and Homeland Security Bureau, Federal Communications Commission (Oct. 22, 2007) attached to Early Access Waiver Requests for Applications 0003087143 and 0003087144. 47 C.F.R. � 1.925(b)(3)(i). 47 C.F.R. � 1.925(b)(3)(ii). Offset Waiver Requests at 1. Id. Early Access Waivers at 1. , supra. These requirements are set forth at 47 C.F.R. � 90.621(b)(4). See License Maps. See Application 0003120935. See License Map for frequency 854.2500 MHz, attached to Application 0003120935. See Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 15052 �� 152-153 (2004). See License Maps. (...continued from previous page) (continued....)
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  • Call Sign WQGD364. On January 3, 2007, Enterprise Wireless Alliance (EWA) asked the Division to revise its licensing action by deleting frequency 939.2375 MHz from Location 1, deleting Locations 2 and 3, and deleting frequency 900.2375 MHz from Locations 4 and 5. EWA contended that such action was appropriate because the referenced locations and frequencies did not comply with Section 90.621(b) of the Commission's Rules, which states that co-channel stations in the 900 MHz band must be separated by at least seventy miles unless the prior licensee concurs or the applicant provides an analysis demonstrating that the proposed station meets certain transmitter power and antenna criteria for short spacing. The Division's engineering analysis confirmed that H&B's application did not satisfy the
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  • required for rebanding purposes. Conditional Operation By Sprint on New NPSPAC Channels Prior to completion of rebanding in a NPSPAC region, Sprint Nextel Corporation (Sprint) may continue existing operations on 806-809/851-854 MHz channels after new NPSPAC licenses are granted, but must cease operations on any such channel to the extent necessary to comply with the co-channel spacing requirements of Section 90.621(b) on 60 days notice that the new NPSPAC licensee is ready to use the channel for testing purposes or to commence operations. Once Sprint has received the 60-day notice, Sprint will terminate its operations to the extent necessary to allow the new licensee to operate on the channel without harmful interference. Contact Information For further information, contact: Brian Marenco, Policy
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  • is within the contour of the vacated facility or, in the case of vacated EA spectrum, does not extend into an adjacent EA where the channel is not available for licensing; A statement verifying channel availability; A study detailing the directional height of the antenna above average terrain (DHAAT) for any proposed facility employing the short-spacing separation table in Section 90.621(b)(4) of the rules. All participating frequency coordinators will check each notified application for conflicts with other notified applications. Conflicting applications that are submitted for notification on the same date will be considered ``mutually exclusive.'' In such cases, the application with the earliest notification date and time stamp will take precedence when frequency choices are made pursuant to the coordinators' agreed-to
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  • Cooperative Use of Facilities 3060-0307 WTB-MD Amendment of Part 90 of the Commission's Rules to Facilitate Development of SMR Systems in the 800 MHz Frequency Band 3060-0308 WTB-MD Section 90.505 Developmental operation, showing required 3060-0325 WTB-MD Section 80.605, U.S. Coast Guard Coordination 3060-0347 WTB-MD Section 97.311 Spread Spectrum (SS) Emission Types 3060-0360 WTB-MD Section 80.409, Station Logs 3060-0441 WTB-MD Sections 90.621(b)(4) and (b)(5) -- Selection and Assignment of Frequencies 3060-0508 WTB-MD Part 1 and Part 22 Reporting and Recordkeeping Requirements 3060-0537 WTB-MD Section 13.217, Records (COLEM) 3060-0599 WTB-MD Sections 90.425 and 90.647, Station Identification 3060-0625 WTB-MD Section 24.103, Construction Requirements, Commission's Rules to Establish New Personal Communications Services under Part 24 - GN Docket No. 90-314 3060-0626 WTB-MD Section 90.483, Permissible
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  • C.F.R. � 22.813(b). Waiver Request at 9 n.11. Waiver Request at 7 (citation omitted). Notably, contrary to the rules applicable to the parties in the HWP Order, there is nothing in the Commission's general aviation air-ground rules allowing licensees to short-space co-channel facilities even by mutual contractual consent. Cf. HWP Order, 11 FCC Rcd at 21196 (citing 47 C.F.R. � 90.621(b)(5)). See 47 C.F.R. � 1.925(a) (stating that the ``Commission may waive specific provisions of the rules on its own motion . . . .''). Moreover, there would be no prejudice to third parties as they would be limited in their ability to apply for new channels. This also includes all co-channel ground transmitters located outside the United States, its territories
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  • service is not concentrated in certain highly populated regions to the detriment of less- 77Notably, contrary to the rules applicable to the parties in the HWP Order, there is nothing in the Commission's general aviation air-ground rules allowing licensees to short-space co-channel facilities even by mutual contractual consent. Cf. HWP Order, 11 FCC Rcd at 21196 (citing 47 C.F.R. � 90.621(b)(5)). 78See 47 C.F.R. � 1.925(a) (stating that the "Commission may waive specific provisions of the rules on its own motion . . . ."). 79Moreover, there would be no prejudice to third parties as they would be limited in their ability to apply for new channels. 80This also includes all co-channel ground transmitters located outside the United States, its territories
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  • Notice, alleging that interference was occurring at two of its sites - the Ridgeland Road (Central Tower) site in Tallahassee, Florida, and the East Point site (East Point), near Apalachicola, Florida. Liberty claims that replacement frequency 857.0875 MHz used at both the Central Tower and East Point sites (102.49 km apart) does not comply with the short-spacing criteria in Section 90.621(b)(4) of the Commission's rules. The Change Notice proposes certain actions Sprint must take to address the alleged interference and to provide Liberty with what it regards are comparable facilities. The Change Notice also requests that Sprint pay all outstanding amounts due under the FRA, and provide advanced funding for the additional rebanding work necessary to resolve the alleged interference. On
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  • Communications Commission Washington, D.C. 20554 In the Matter of ADVANCED METROCOMM, INC. Specialized Mobile Radio Station WNSS349 ) ) ) ) File No. 0003170556 ORDER Adopted: September 10, 2010 Released: September 13, 2010 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction. We have before us a request, filed by Advanced Metrocomm, Inc. (Advanced Metrocomm), for waiver of Section 90.621(e)(2) of the Commission's Rules, which permits a licensee to use 800 MHz band Business/Industrial/Land Transportation (B/ILT) spectrum for commercial operation under certain conditions. For the reasons set forth below, we deny the waiver request, and will dismiss the above-captioned application. Background. Section 90.621(e)(2) provides that licensees of 800 MHz B/ILT channels may request a modification of the license to authorize
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  • 10-1727 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ADVANCED METROCOMM, INC. Specialized Mobile Radio Station WNSS349 ))))File No. 0003170556 ORDER Adopted: September 10, 2010 Released: September 13, 2010 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. We have before us a request, filed by Advanced Metrocomm, Inc. (Advanced Metrocomm),1for waiver of Section 90.621(e)(2) of the Commission's Rules, which permits a licensee to use 800 MHz band Business/Industrial/Land Transportation (B/ILT) spectrum for commercial operation under certain conditions. For the reasons set forth below, we deny the waiver request, and will dismiss the above-captioned application. 2. Background. Section 90.621(e)(2) provides that licensees of 800 MHz B/ILT channels may request a modification of the license to
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  • with Sprint Nextel. Implementation Plan at 10. Given that Preferred Acquisition, Inc. (PAI) must, but has not as yet, relocated from the new NPSPAC band, these NPSPAC licensees cannot relocate to the new NPSPAC band because their replacement frequencies would violate the Commission's short-spacing rules relative to PAI's unconstructed licenses. Id. The TA filed a request for waiver of Section 90.621(b) of the FCC's rules to allow for the public safety licensees to proceed with the reconfiguration of their systems. Id. citing 47 C.F.R. � 90.621(b). The TA's waiver request will be addressed in a subsequent order. Id. Implementation Plan at 10. The TA notes that EA licensee, North Sight Communications, Inc., has elected to remain in the ESMR band and
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  • Island locations. On June 5, 2009, the Commission returned Xcel's application, stating that the application did not include requisite frequency coordination and the 800 MHz Transition Administrator's (``TA'') approval, and also noting that Xcel's proposed use of the 814/859.0125 MHz and 815/860.0125 MHz frequency pairs at the Sherco and Prairie Island locations would violate the co-channel protection requirements in section 90.621 of the Commission's rules with respect to licensee 21st Century Wireless Group. Xcel subsequently clarified that the application was properly coordinated, and, on June 11, 2009, the Commission reinstated the application to pending status. However, in the interim, the frequency pairs 814/859.0125 MHz and 815/860.0125 MHz were licensed to a different licensee and Xcel amended its modification application and waiver
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  • Prairie Island locations.9 On June 5, 2009, the Commission returned Xcel's application, stating that the application did not include requisite frequency coordination and the 800 MHz Transition Administrator's ("TA") approval, and also noting that Xcel's proposed use of the 814/859.0125 MHz and 815/860.0125 MHzfrequency pairs at the Sherco and Prairie Island locations would violate the co-channel protection requirements in section 90.621 of the Commission's rules with respect to licensee 21st Century Wireless Group.10Xcel subsequently clarified that the application was properly coordinated, and, on June 11, 2009, the Commission reinstated the application to pending status. However, in the interim, thefrequency pairs 814/859.0125 MHz and 815/860.0125 MHzwere licensed to a different licensee and Xcel amended its modification application and waiver request, substituting the
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  • MHz Band New 800 MHz Band Plan for Puerto Rico and the U.S. Virgin Islands ) ) ) ) ) ) ) WT Docket 02-55 ORDER Adopted: November 9, 2010 Released: November 9, 2010 By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau: INTRODUCTION The 800 MHz Transition Administrator, LLC, (TA) has requested a waiver of Section 90.621(b) of the Commission's rules (co-channel spacing) in order to allow NPSPAC licensees in Puerto Rico to relocate to the ``new'' National Public Safety Planning Advisory Committee (NPSPAC) public safety band (806-809/851-854 MHz) as part of 800 MHz rebanding. The waiver is necessary because Preferred Acquisitions, Inc. (Preferred) holds Economic Area (EA) licenses in the 806-809/851-854 MHz band in Puerto Rico.
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  • is within the contour of the vacated facility or, in the case of vacated EA spectrum, does not extend into an adjacent EA where the channel is not available for licensing; A statement verifying channel availability; A study detailing the directional height of the antenna above average terrain (DHAAT) for any proposed facility employing the short-spacing separation table in Section 90.621(b)(4) of the rules. All participating frequency coordinators will check each notified application for conflicts with other notified applications. Conflicting applications that are submitted for notification on the same date will be considered ``mutually exclusive.'' In such cases, the application with the earliest notification date and time stamp will take precedence when frequency choices are made pursuant to the coordinators' agreed-to
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  • to Russell H. Fox, Counsel for FM Radio Service, LLC (Jan. 31, 2007)(``Order''). See, e.g., American Distance Education Consortium Request for an Expedited Declaratory Ruling and Informal Complaint, Order on Reconsideration, 15 FCC Rcd 15448 (2000); Implementation of Section 302 of the Telecommunications Act of 1996, Open Video Systems, Order on Reconsideration, 13 FCC Rcd 14583 (1998). 47 C.F.R. � 90.621(e). FM Radio Service, LLC Request for Waiver and Reinstatement of Call Sign WNXG464, FCC File No. 0001523859 (filed Nov. 21, 2003) (``Waiver Request'') at 2-3. Id. at 3. In addition, the Commission granted Northwest's application to convert the License to commercial status and add mobile transmitter frequencies. Id. 47 C.F.R. � 1.955(a). Order at 1. Id. at 1; see generally
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  • to Russell H. Fox, Counsel for FM Radio Service, LLC (Jan. 31, 2007)("Order"). 2See, e.g., American Distance Education Consortium Request for an Expedited Declaratory Ruling and Informal Complaint, Order on Reconsideration, 15 FCC Rcd 15448 (2000); Implementation of Section 302 of the Telecommunications Act of 1996, Open Video Systems, Order on Reconsideration, 13 FCC Rcd 14583 (1998). 347 C.F.R. � 90.621(e). 1883 Federal Communications Commission DA 10-318 Public Safety Category channels by B/ILT licensees whose own channels were subject to increased demand from SMR applicants. 3.On July 16, 1998, the Commission granted Northwest Pipeline Corporation ("Northwest") an 800 MHz SMR license with an expiration date of September 30, 2003 ("License").4Although the frequency was designated for use in the public safety 800
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  • to manage requests for extension of time beyond the 36-month deadline for licensees to complete rebanding. See Improving Public Safety Communications in the 800 MHz Band, Third Memorandum Opinion and Order, WT Docket 02-55, 22 FCC Rcd 17209, 17223 � 48 (2007). See Association Response at 4. See Waiver Order, 26 FCC Rcd at 6510-11 � 22. 47 C.F.R. � 90.621(b). See Waiver Order, 26 FCC Rcd at 6511 n.59. See id. (quoting Amendment of Part 90 of the Commission's Rules, Second Report and Order and Second Further Notice of Proposed Rule Making, WP Docket No. 07-100, 25 FCC Rcd 2479, 2480-81 � 4 (2010) (Narrowbanding Order) (quoting Frequency Coordination in the Private Land Mobile Radio Services, Report and Order, PR
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  • to manage requests for extension of time beyond the 36-month deadline for licensees to complete rebanding. See Improving Public Safety Communications in the 800 MHz Band, Third Memorandum Opinion and Order, WT Docket 02-55, 22 FCC Rcd 17209, 17223 � 48 (2007). 23See Association Response at 4. 24See Waiver Order, 26 FCC Rcd at 6510-11 � 22. 2547 C.F.R. � 90.621(b). 26See Waiver Order, 26 FCC Rcd at 6511 n.59. 27See id.(quoting Amendment of Part 90 of the Commission's Rules, Second Report and Order and Second Further Notice of Proposed Rule Making, WP Docket No. 07-100, 25 FCC Rcd 2479, 2480-81 � 4 (2010) (Narrowbanding Order) (quoting Frequency Coordination in the Private Land Mobile Radio Services, Report and Order, PR Docket
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  • that are filed up to thirty days after the expiration date of the license will be granted nunc pro tunc if the application is otherwise sufficient under our rules). It will be understood that, in applying for renewal of the license, Ms. Kurian will not be making any representations regarding the operational status of the station. See 47 C.F.R. � 90.621(b) (seventy-mile minimum separation). See 2009 Letter Ruling, 24 FCC Rcd at 4845-46 n.23. See 47 U.S.C. � 316(a)(1). Id. See 47 C.F.R. � 1.87(a). The address for FCC locations should be used only for documents filed by United States Postal Service first-class mail, Express Mail, and Priority Mail, and for hand-delivered or messenger-delivered documents. Documents sent by overnight mail (other
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  • that are filed up to thirty days after the expiration date of the license will be granted nunc pro tunc if the application is otherwise sufficient under our rules). It will be understood that, in applying for renewal of the license, Ms. Kurian will not be making any representations regarding the operational status of the station. 50See 47 C.F.R. � 90.621(b) (seventy-mile minimum separation). 51See 2009 Letter Ruling, 24 FCC Rcd at 4845-46 n.23. 52See47 U.S.C. � 316(a)(1). 53Id. 15182 Federal Communications Commission DA 11-1800 order to give Ms. Kurian a reasonable opportunity to bring Stations WNVJ741, WPIQ777, WPXC618, and WQAQ340 back into full operation, we propose to modify Mr. Kurian's licenses for Stations KNNF731 and WQO982 by deleting the frequencies
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  • television translators on Channels 70 to 83 must operate on a secondary basis to land mobile operations in the 800 MHz band and will not be protected from such operations. There are no UHF television translators operating on Channels 70 to 83, and the Commission has eliminated the TV allocation from these channels. Accordingly, this rule provision, 47 C.F.R. � 90.621(d), is without current legal effect and is deleted as obsolete. This Order also deletes a provision that allocates specified channels for Basic Exchange Telecommunication Radio Service (BETRS) but expressly cautions that a pending FCC proposal could remove this allocation from these channels. The Commission removed the allocation in 2005. Accordingly, this provision, 47 C.F.R. � 90.621(h), is without current legal
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  • licensee notifies Sprint of its intention to activate the channel(s) for testing or commencement of operations. This advance notice must be provided to Sprint by email at 800mhzinterleavedspectrum@sprint.com. Upon receipt of such notice, Sprint must cease operation on the channel(s) specified in the notice within 60 days to the extent necessary to comply with the co-channel spacing requirements of Section 90.621(b) of the rules. New licenses granted pursuant to this Public Notice will be conditioned on providing such 60-day notice to Sprint. Additional Information For further information, contact Tracy Simmons, Policy Division, Public Safety and Homeland Security Bureau, at (717) 338-2657 or Tracy.Simmons@fcc.gov, or Brian Marenco, Policy Division, Public Safety and Homeland Security Bureau, at (202) 418-0838 or Brian.Marenco@fcc.gov. Action by
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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 Third District Enterprises, LLC Applications for New 800 MHz Stations in Los Angeles and San Diego Counties, California; Requests for Waiver of the Wave 4 Freeze on New Applications and Section 90.621 of the Commission's Rules ) ) ) ) ) ) ) ) File Nos. 0004819360 0004819368 Order Adopted: February 22, 2012 Released: February 22, 2012 By the Assistant Chief, Mobility Division, Wireless Telecommunications Bureau: introduction On July 28, 2011, Third District Enterprises, LLC (Third District) filed the above-captioned applications for new conventional Industrial/Land Transportation 806-821/851-866 MHz (GO) stations, along with
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 12-254 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Third District Enterprises, LLC Applications for New 800 MHz Stations in Los Angeles and San Diego Counties, California; Requests for Waiver of the Wave4 Freeze on New Applications and Section 90.621 of the Commission's Rules ))))))))File Nos.0004819360 0004819368 Order Adopted: February22, 2012 Released: February22, 2012 By the Assistant Chief, Mobility Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On July28, 2011, Third District Enterprises, LLC (Third District) filed the above- captioned applications for new conventional Industrial/Land Transportation 806-821/851-866MHz (GO) stations, along with requests for waiver of the Commission's freeze on filing new
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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 SCOTT EMERGENCY COMMUNICATIONS CENTER, SCOTT COUNTY, IOWA Request for Waiver of Section 90.621(b)(4) of the Commission's Rules and the Inter-Category Sharing Freeze in the 800 MHz Frequency Band ) ) ) ) ) ) ) ) ) File No. 0004911635 ORDER Adopted: March 16, 2012 Released: March 16, 2012 By the Deputy Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau: INTRODUCTION On October 16, 2011, the Scott Emergency Communications Center,
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  • an application proposing to add frequency pair 811/856.2125 MHz at the Commodore Barry Bridge site. The distance between DRPA's proposed operation on frequency pair 811/856.2125 MHz and New Jersey's proposed co-channel operation is only 24.85 kilometers. In addition, DRPA's proposed operation is spaced only 67.4 kilometers from New Jersey's licensed co-channel facilities located in Wrightstown, NJ (Call Sign KNJH423). Section 90.621(b) of the Commission's rules requires that the minimum separation between co-channel stations in the 800 MHz band is 113 kilometers (70 miles). Section 90.621(b)(5) of the Commission's rules allows co-channel systems to be separated by less than the minimum distance but only if the applicant obtains a letter of consent from each short-spaced co-channel licensee. DRPA stated that it attempted,
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  • is hereby corrected to read as follows: Section 90.179 is amended by revising paragraph (i) to read as follows: � 90.179 Shared use of stations. * * * * * The provisions of this section do not apply to licensees authorized to provide commercial radio service under this part, including licensees authorized to use channels transferred or assigned to � 90.621(e)(2) of this part. FEDERAL COMMUNICATIONS COMMISSION Margaret W. Wiener Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau In the Matter of Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, WT Docket No. 99-87, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC 22709 (2000) (``Balanced Budget Act Report and Order''). (continued....) Federal
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  • DA 01-623 Wireless Telecommunications Bureau Seeks Comment on Pacific Wireless Technologies, Inc. Petition for Declaratory Ruling. On September 22, 2000, Pacific Wireless Technologies, Inc., Licensee of various Specialized Mobile Radio Service stations in the 800 MHz ban in California, filed a petition for declaratory ruling pursuant to section 1.2 of the Commission's rules, seeking to clarify the meaning of section 90.621(b)(2) of the rules. Comments due March 26*; replies due April 5. Contact: Kathy Harris at (202) 418-0609. PN 03/14/01; DA 01-665 Wireless Telecommunications Bureau Seeks Comment on Cingular Wireless LLC's Request for Waiver to Exclude 1.5 MHZ of SMR Spectrum from the CMRS Spectrum Cap. On March 7, 200l, pursuant to Section 1.925 of the Commission's rules, Cingular Wireless LLC
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  • adopted NPRM the Commission solicits comment on how best to remedy interference to 800 MHz public safety systems consistent with minimum disruption to our existing licensing structure and assurance of sufficient spectrum for critical public safety communications. The FCC also seeks comment on a Petition for Rule Making filed by the Personal Communications Industry Association (PCIA) seeking amendment of Section 90.621 of the Commission's Rules. Finally, by incorporating the record in WT Docket No. 99-87, which deals with matters related to the Balanced Budget Act of 1997, the Commission requests comment on the terms and conditions of licenses in the 900 MHz land mobile band if it is used to relocate displaced licensees. The Commission noted its primary objective in this
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  • seas public coast stations received on the same day will be treated as simultaneously filed and, if granting more than one would result in harmful interference, must be resolved through settlement or technical amendment. * * * * * * APPENDIX B, PART 90 - PRIVATE LAND MOBILE RADIO SERVICES, Paragraph 2 is corrected to read as follows: 2. Section 90.621 is amended by revising paragraph (e)(2) and adding paragraph (e)(3) to read as follows: � 90.621 Selection and assignment of frequencies. * * * * * (e) * * * * * (2) Notwithstanding paragraph (e)(5) of this section, licensees of channels in the Industrial/Land Transportation and Business categories may request a modification of the license, see � 1.947 of
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  • VSS's requested location is too close to the site requested in an application filed earlier by Sunset Bus and Commercial, Inc. (Sunset), and the authorization to relocate VSS's operations on 938/899.4125 MHz should be rescinded because VSS's requested location is too close to Station WPRI751, Las Vegas, Nevada, licensed to Readymix, Inc. (Readymix). Petition at 2 (citing 47 C.F.R. � 90.621). We are addressing these frequencies in other proceedings. Specifically, in an Order released today, we approve a settlement agreement between VSS and Sunset regarding disposition of frequency pairs 937/898.4500 MHz and 938/899.4250 MHz. Sunset Bus and Commercial, Inc., Order, DA 03-446 (WTB PSPWD rel. Feb. 14, 2003). In addition, the Division is working with the frequency coordinators for VSS and
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  • pending FR Publication Rule provides that UHF television translators on Channels 70 to 83 must operate on a secondary basis to land mobile operations in the 800 MHz band and will not be protected from such operations. There are no UHF television translators operating on Channels 70 to 83, and the Commission has eliminated the TV allocation from these channels. 90.621 (d) Adopted 11/1/11 pending FR Publication Allocates specified channels for Basic Exchange Telecommunication Radio Service (BETRS). FCC removed the allocation in 2005. 90.621 (h) Adopted 11/1/11 pending FR Publication Rule provisions that provided a framework for the relocation of incumbent site-based licensees in the upper 200 channels of the 800 MHz Band by incoming geographically- based (EA) licensees. These provisions
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  • FR Publication Eliminated rule providing that UHF television translators on Channels 70 to 83 must operate on a secondary basis to land mobile operations in the 800 MHz band and will not be protected from such operations. There are no UHF television translators operating on Channels 70 to 83, and the Commission has eliminated the TV allocation from these channels. 90.621(d) Adopted 11/1/11 pending FR Publication Eliminated rule allocating specified channels for Basic Exchange Telecommunication Radio Service (BETRS). FCC removed the allocation in 2005. 90.621(h) Adopted 11/1/11 pending FR Publication Eliminated rules that provided a framework for the relocation of incumbent site-based licensees in the upper 200 channels of the 800 MHz Band by incoming geographically-based (EA) licensees. These provisions were
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  • Final Regulatory Flexibility Analysis will also be published in the Federal Register. See 47 C.F.R. � 90.629. See also Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Memorandum Opinion and Order on Remand, 14 FCC Rcd. 21679, 21680, n.6 (� 4)(Remand Order). See 47 C.F.R. �� 90.615(a)(1994), 90.621(e)(1994). Fresno Mobile Radio, Inc., et al. v. FCC, 165 F.3d 965 (D.C. Cir. 1999) (Fresno). Remand Order at 21679 (� 1). See 47 C.F.R. �� 90.615(a) and 90.621(e) (1994); see also Inter-Category Sharing of Private Mobile Radio Frequencies in the 806/821/851-866 MHz bands, Order, 10 FCC Rcd. 7350 (WTB: 1995) (Inter-Category Freeze Order). In April of 1995, the Wireless Telecommunications
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  • PP Docket No. 93-253, First Report and Order, Eighth Report and Order and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd 1463 (1995). Overlay licenses are found in the following services: 800 MHz SMR, Paging and Radio Telephone Service, 39 GHz Service, and 24 GHz Service. 47 C.F.R. � 90.210. See 47 C.F.R. � 22.912 (consent); 47 C.F.R. � 90.621(b)(4) (short-spacing). See, e.g., 47 C.F.R. � 90.210. See 47 C.F.R. � 1.929. See, e.g., 47 C.F.R. �� 1.2110; 24.709. These include foreign ownership restrictions pursuant to Section 310 of the Communications Act and the Commission's rules. 47 U.S.C. � 310. See, e.g., 47 C.F.R. � 90.35. While commercial radio providers offer communications services as their end product, private land mobile
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  • for the requested frequency(ies). Section 90.179 is amended by revising paragraph (g) to read as follows: � 90.179 Shared use of stations. * * * * * (g) The provisions of this section do not apply to licensees authorized to provide commercial mobile radio service under this part, including licensees authorized to use channels transferred or assigned pursuant to � 90.621(e)(2) of this part. Section 90.621 is amended by revising paragraph (e)(2) to read as follows: � 90.621 Selection and assignment of frequencies. * * * * * (e) * * * (2) Notwithstanding paragraph (e)(5) of this section, licensees of channels in the Industrial/Land Transportation and Business categories may request a modification of the license, see � 1.947 of this
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  • for the requested frequency(ies). Section 90.179 is amended by revising paragraph (g) to read as follows: � 90.179 Shared use of stations. * * * * * (g) The provisions of this section do not apply to licensees authorized to provide commercial mobile radio service under this part, including licensees authorized to use channels transferred or assigned pursuant to � 90.621(e)(2) of this part. Section 90.621 is amended by revising paragraph (e)(2) to read as follows: � 90.621 Selection and assignment of frequencies. * * * * * (e) * * * (2) Notwithstanding paragraph (e)(5) of this section, licensees of channels in the Industrial/Land Transportation and Business categories may request a modification of the license, see � 1.947 of this
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  • 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 Review
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  • the Branch denied Syracuse's petition on the grounds that Syracuse's amended application was defective. Syracuse presents no arguments in its Application for Review that would lead us to change the Bureau's decision. The Bureau properly denied Syracuse's petition because Syracuse's amended application did not adequately demonstrate concurrence by co-channel licensees to the short-spacing proposed by Syracuse, as required by Section 90.621(b)(5) of the Commission's rules. In particular, Syracuse failed to provide (1) a certification from Tele-Track, the concurring licensee, that its system was constructed and fully operational, or (2) a certificate of service indicating that Tele-Track had been served with a copy of Syracuse's application proposing to operate on the same frequencies. In addition, even if Syracuse's amended application had not
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  • Branch's decision that the grant of the application for Hyland was consistent with our Rules. Accordingly, we deny the Application for Review and uphold the Branch's dismissal of the petition for reconsideration. IV. ORDERING CLAUSE 7. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.115, 90.621(a)(2), 90.625(a) and 90.633(b) of the Commission's Rules, 47 C.F.R. �� 1.115, 90.621(a)(2), 90.625(a), 90.633(b), Mobile Radio Cooperative Association and S&S Excavating's Application for Review filed on May 3, 1996 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary In the proceeding below, Mobile Radio Cooperative Association referred to itself as Mobile Relay Cooperative Association. However, at the time the Application
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  • on Station KNFG237, the channel was already fully loaded with 70 mobiles by J&K, and was therefore unavailable for licensing to Nationwide. Moreover, Nationwide's modification application could not be granted under the Commission's short-spacing rules, because Nationwide did not submit a coordination statement from a frequency coordinator or a statement from J&K consenting to the modification, as required by section 90.621(b)(4). In light of these facts, the Branch decision on June 13, 1995, to return the application as defective was correct. The Bureau's Office of Operations letter, dated November 1, 1996, restoring the application to the application processing line, which failed to acknowledge the fact that J&K had fully loaded the co-channel, was in error. Furthermore, after the application was restored,
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  • mobiles. Kay constructed the station and loaded it with 72 mobiles. See Kay Application for Review at 4. 47 C.F.R. � 90.157. Application for Review at 7-8. The Licensing Branch denied the modification because the application did not contain either a frequency coordination statement or a co-channel concurrence statement from Kay, the co-channel licensee, as required by 47 C.F.R. � 90.621(b)(4). Application for Review at 7-8. 47 CFR � 90.157. 47 CFR � 90.633(d). 47 CFR � 90.135(a)(5). Because Thompson was precluded from all operations by Kay's loading of the channel, we do not reach the issue of whether Thompson's station could otherwise have been considered ``operational'' under Section 90.633(d) based solely on the provision of service to roamers. Abraham Communications,
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  • 800 and 900 MHz channels for use in its proposed AIRSMR system: four applications for I/LT channels, one application for Business channels, five applications for both I/LT and Business channels, six applications for Specialized Mobile Radio (SMR) channels, and one application for General Category Private Land Mobile Radio (PLMR) channels. LMR contemporaneously requested a waiver of Sections 90.175, 90.603, 90.615, 90.621(a) and (b), and 90.631(b), (e) and (f) of our Rules to establish its proposed AIRSMR system. Numerous licensees filed pleadings opposing LMR's applications and associated waiver request. On January 14, 1993, in response to the pleadings filed against its applications and waiver request, LMR submitted a reply that contained modifications to its previous application and waiver request (Waiver II). In
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  • primary basis and are not protected from interference from those primary operations. See 47 C.F.R. � 90.7. See FCC File No. A060755 (filed Sept. 19, 2000). See FCC File No. A060916 (filed Sept. 26, 2000). See FCC File No. A060756 (filed Sept. 19, 2000). See FCC File No. A059522 (filed Aug. 24, 2000). Petition at 1 citing 47 C.F.R. � 90.621. We note that Station WPRL897 is no longer authorized to operate on frequency 855.8125 MHz at the Santa Barbara Storage, CA, secondary site. See FCC File No. 0000406485, (granted Mar. 21, 2001). Petition at 1. Id. Second Petition at 1. Id. Id. at n.1 citing 47 U.S.C. � 405(a). Response to Request for Dismissal or Denial of Applications at 2
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  • acted in good faith. On March 8, 2001, JPJ requested that the Commission review the Division's decision. Subsequently, both parties filed oppositions and other pleadings. discussion In its Application for Review, JPJ makes the following arguments: (1) the Division erred in faulting JPJ for failing to substantiate its claims of harmful interference through affidavits, documents, or engineering showings because Section 90.621 of the Commission's Rules defines situations where interference is taking place; (2) it was improper for the Division to fault JPJ for not filing its Request until three years after the Town's license was granted; (3) a license modification would be in the public interest because the Town allegedly agreed to switch frequencies and because a modification would allow both
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  • Proposed Rule Making (NPRM), we solicit proposals on how best to remedy interference to 800 MHz public safety systems consistent with minimum disruption to our existing licensing structure and assurance of sufficient spectrum for critical public safety communications. We also seek comment on a Petition for Rule Making filed by the Personal Communications Industry Association (PCIA) seeking amendment of Section 90.621 of the Commission's Rules. Finally, incorporating the record in WT Docket No. 99-87, which deals with matters related to the Balanced Budget Act of 1997, we request comment on the terms and conditions of licenses in the 900 MHz land mobile band if it is used to relocate displaced licensees. Our primary objective in this proceeding is to explore all
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  • Proposed Rule Making (NPRM), we solicit proposals on how best to remedy interference to 800 MHz public safety systems consistent with minimum disruption to our existing licensing structure and assurance of sufficient spectrum for critical public safety communications. We also seek comment on a Petition for Rule Making filed by the Personal Communications Industry Association (PCIA) seeking amendment of Section 90.621 of the Commission's Rules. Finally, incorporating the record in WT Docket No. 99-87, which deals with matters related to the Balanced Budget Act of 1997, we request comment on the terms and conditions of licenses in the 900 MHz land mobile band if it is used to relocate displaced licensees. Our primary objective in this proceeding is to explore all
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  • a licensee that has modified its authorization for use in a commercial operation, or a commercial operator that acquired PLMR channels via assignment or transfer, may at any time submit a modification application to indicate that the subject frequencies will be used in a PLMR system, provided that the licensee meets the applicable eligibility requirements. Finally, we note that Section 90.621(e)(2), as amended in the R&O, authorizes modification and assignment of PLMR licenses ``for commercial operation.'' The text of the R&O, however, spoke in terms of ``CMRS use.'' We take this opportunity to clarify that the rule authorizes modification or assignment of PLMR licenses for any SMR use, whether that use is classified as Commercial Mobile Radio Service (``CMRS'') or PMRS.
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  • to the second Industry Coalition software run, resulting in the eventual dismissal of the majority of East River's applications, we find that we should grant East River the relief specified below. We note that the staff's practice of assigning alternative spectrum if an applicant's requested frequencies were not available was not prescribed by then applicable Commission rules. Former rule section 90.621(a) required that applicants either seek specific frequencies or request that the Commission assign available channels. Further, former rule section 90.611(d) provided that applications that could not be granted due to the lack of available frequencies were to be waitlisted. Although the practice of assigning alternative frequencies in lieu of unavailable requested frequencies derived from the staff's legitimate desire to reduce
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  • licensees but, as discussed in Section II.C.1, below, we will add a substantial service option to provide such licensees with greater flexibility in meeting their construction requirements. 47 C.F.R. � 24.203. 47 C.F.R. � 24.203. 47 C.F.R. � 90.763(b)(1)(i)(A). Note that 38 dbu is equivalent to -84 dbm, assuming an antenna gain of 0 dbd. 47 C.F.R. �� 90.693(b), 90.683, 90.621. Note that 40 dbu is equivalent to -93 dbm, assuming an antenna gain of 0 dbd. 47 C.F.R. �� 101.527, 101.17. The Consumer & Governmental Affairs Bureau (CGB) recently announced significant new outreach initiatives in these defined regions in light of the disproportionate number of households without basic telephone service compared to the Nation overall. See ``FCC Commences Lands of
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  • than 32 kilometers in radius, which PCIA refers to as ``campus-type'' radio systems. PCIA states that although it ``appreciates the Commission's original goal to maximize the number of radio systems that could be accommodated on a single frequency, by limiting the ERP of small footprint systems,'' the possibility of additional channel use is effectively prohibited by the requirement in Section 90.621(b)(4) that applicants protect all existing stations as if the incumbent system was operating at 1000 watts ERP. PCIA also asserts that the power limitation prevents these smaller systems from limiting interference from cellular systems. Therefore, PCIA requests that the power limitations on 800 MHz and 900 MHz systems with an operational radius below 32 kilometers be eliminated. We seek comment
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  • Category freeze set forth in section 90.693(b) of our rules. Section 90.693 permits incumbent licensees ``to add, remove or modify transmitter sites within their original 22 dBuV/m field strength contour without prior notification to the Commission so long as their original 22 dBuV/m field strength contour is not expanded and the station complies with the Commission's short-spacing criteria in �� 90.621(b)(4) through 90.621(b)(6).'' Nextel argues that section 90.693 only applies to existing incumbent primary fixed base station licenses, and that no 22 dBuV/m field strength contour could be calculated based on Kurian's mobile-only license. The Commission intended the exception to the General Category freeze provided for by section 90.693(b) to be limited to fixed stations and Kurian cites no precedent to
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  • Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. 800 MHz cellular systems as defined in � 90.7 are prohibited on these channels. These frequencies are available in non-border areas. Specialized Mobile Radio Systems will not be authorized in this category. These channels are available for intercategory sharing as indicated in �90.621(e). Table 1 - PUBLIC SAFETY pool 806-816/851-861 MHz Band Channels (70 Channels) Group No. Channel Nos. 269 269-289-311-399-439 270 270-290-312-400-440 279 279-299-319-339-359 280 280-300-320-340-360 309 309-329-349-369-389 310 310-330-350-370-390 313 313-353-393-441-461 314 314-354-394-448-468 321 321-341-361-381-419 328 328-348-368-388-420 351 351-379-409-429-449 332 352-380-410-430-450 Single Channels 391, 392, 401, 408, 421, 428, 459, 460, 469, 470 (1) Channels numbers 1-230 are also available to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1_Erratum.doc
  • Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. 800 MHz cellular systems as defined in � 90.7 are prohibited on these channels. These frequencies are available in non-border areas. Specialized Mobile Radio Systems will not be authorized in this category. These channels are available for intercategory sharing as indicated in �90.621(e). Table 1 - PUBLIC SAFETY pool 806-816/851-861 MHz Band Channels (70 Channels) Group No. Channel Nos. 269 269-289-311-399-439 270 270-290-312-400-440 279 279-299-319-339-359 280 280-300-320-340-360 309 309-329-349-369-389 310 310-330-350-370-390 313 313-353-393-441-461 314 314-354-394-448-468 321 321-341-361-381-419 328 328-348-368-388-420 351 351-379-409-429-449 332 352-380-410-430-450 Single Channels 391, 392, 401, 408, 421, 428, 459, 460, 469, 470 (1) Channels numbers 1-230 are also available to
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  • region. Clarify the applicability of Section 22.917 of the Rules to cellular systems causing interference to 900 MHz systems. We note that, of the substantive rule changes, Section 90.175 is deregulatory because applications filed to implement band reconfiguration will not be subject to frequency coordination and Section 90.685 only applies to the Transition Administrator. Changes to Sections 90.613, 90.615, 90.617, 90.621, 90.685, and 90.693 are designed to more accurately reflect the Commission's 800 MHz band plan. The Commission certifies, pursuant to the RFA, that the clarifications and rule changes contained in this Supplemental Order and Order on Reconsideration will not have a significant economic impact on a substantial number of small entities, including businesses with fewer than 25 employees. Report to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1_Erratum.doc
  • region. Clarify the applicability of Section 22.917 of the Rules to cellular systems causing interference to 900 MHz systems. We note that, of the substantive rule changes, Section 90.175 is deregulatory because applications filed to implement band reconfiguration will not be subject to frequency coordination and Section 90.685 only applies to the Transition Administrator. Changes to Sections 90.613, 90.615, 90.617, 90.621, 90.685, and 90.693 are designed to more accurately reflect the Commission's 800 MHz band plan. The Commission certifies, pursuant to the RFA, that the clarifications and rule changes contained in this Supplemental Order and Order on Reconsideration will not have a significant economic impact on a substantial number of small entities, including businesses with fewer than 25 employees. Report to
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  • MHz systems with an operational radius of less than 32 kilometers in radius. PCIA stated that although it ``appreciates the Commission's original goal to maximize the number of radio systems that could be accommodated on a single frequency, by limiting the ERP of small footprint systems,'' the possibility of additional channel use is effectively prohibited by the requirement in Section 90.621(b)(4) that applicants protect all existing stations as if the incumbent system was operating at 1000 watts ERP. PCIA also asserted that the power limitation prevents these smaller systems from limiting interference from cellular systems. Therefore, PCIA requested that the power limitations on 800 MHz and 900 MHz systems with an operational radius below 32 kilometers be eliminated. The Commission sought
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1_Erratum.doc
  • MHz systems with an operational radius of less than 32 kilometers in radius. PCIA stated that although it ``appreciates the Commission's original goal to maximize the number of radio systems that could be accommodated on a single frequency, by limiting the ERP of small footprint systems,'' the possibility of additional channel use is effectively prohibited by the requirement in Section 90.621(b)(4) that applicants protect all existing stations as if the incumbent system was operating at 1000 watts ERP. PCIA also asserted that the power limitation prevents these smaller systems from limiting interference from cellular systems. Therefore, PCIA requested that the power limitations on 800 MHz and 900 MHz systems with an operational radius below 32 kilometers be eliminated. The Commission sought
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-174A1_Erratum.pdf
  • Commission's minimum seventy mile co-channel spacing requirements, except when the applicable technical parameters permit a reduced spacing of up to fifty-five miles, or less than fifty-five miles with the consent of the co-channel licensees. As with the rules for applications for new licenses, the TA need not consider adjacent channel stations when specifying a replacement channel. See 47 C.F.R. � 90.621(b). 86 See 800 MHz R&O, 19 FCC Rcd at 15071-72 � 194. 87 Id. 88 See Supplemental Order, 19 FCC Rcd at 25146 � 60, 25148 �� 65-66. Frequency coordination, however, is required for modification applications requesting major modifications other than adding frequencies specified by the TA to implement band reconfiguration. See id. 19 FCC Rcd 25146 at n.132. 89
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  • or beyond the Mexico border as stated in paragraph (4) of this section. AA 11-12-13-14-15-16-17-18-19-20 BB 31-32-33-34-35-36-37-38-39-40 CC 51-52-53-54-55-56-57-58-59-60 DD 71-72-73-74-75-76-77-78-79-80 EE 91-92-93-94-95-96-97-98-99-100 FF 111-112-113-114-115-116-117-118-119-120 GG 131-132-133-134-135-136-137-138-139-140 HH 151-152-153-154-155-156-157-158-159-160 II 171-172-173-174-175-176-177-178-179-180 JJ 191-192-193-194-195-196-197-198-199-200 KK 211-212-213-214-215-216-217-218-219-220 LL 231-232-233-234-235-236-237-238-239-240 MM 251-252-253-254-255-256-257-258-259-260 NN 271-272-273-274-275-276-277-278-279-280 OO 291-292-293-294-295-296-297-298-299-300 PP 311-312-313-314-315-316-317-318-319-320 QQ 331-332-333-334-335-336-337-338-339-340 RR 351-352-353-354-355-356-357-358-359-360 SS 371-372-373-374-375-376-377-378-379-380 TT 391-392-393-394-395-396-397-398-399 * * * * * 6. Section 90.621 is amended as follows: � 90.621 Selection and assignment of frequencies. * * * * * se separations shall apply: * * * * * 7. Section 90.669 is amended to read as follows: � 90.669 Emission limits. (a) Out-of-band emission requirements shall apply only to the ``outer'' channels included in an MTA, EA, or MEA licensee and to spectrum
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  • the public switched network. II. DISCUSSION A. Miscellaneous Proposals Frequency Coordination and Related Matters. Applications for new and modified Part 90 stations generally require frequency coordination before the application is submitted to the Commission, but certain types of applications are exempt from the frequency coordination requirement because they do not ``have an impact on near-term frequency selections.'' Pursuant to Section 90.621 of the Commission's Rules, certain licensees are permitted to modify their licenses to authorize CMRS operations instead of PLMR operations, or vice versa. Currently, such applications require frequency coordination. We propose to eliminate the frequency coordination requirement for such applications. We tentatively conclude that frequency coordination is not necessary for such applications because coordinators neither recommend changes between private and
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  • MHz Band Pools are coordinated by frequency coordinators certified in the B/ILT Pools. See 47 C.F.R. � 90.35. As discussed below, subsequent to grant of a 900 MHz B/ILT license, a licensee may apply to modify the license to permit commercial operation on the license or to assign the license to another entity for commercial use. See 47 C.F.R. � 90.621(f). See 800 MHz R&O; Improving Public Safety Communications in the 800 MHz Band, et al., WT Docket No. 02-55, et al., Supplemental Report and Order on Reconsideration, 19 FCC Rcd 25120 (2004) (800 MHz Supplemental R&O); Improving Public Safety Communications in the 800 MHz Band, et al., WT Docket 02-55, et al., Memorandum Opinion and Order, 20 FCC Rcd 16015
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  • amend the table in Section 90.103 to correct references to certain limitations that were renumbered in another proceeding, and to delete a reference to the International Fixed Public Radiocommunications Service, which was eliminated in another proceeding. Further, we amend Section 175(j)(5) to remove references to frequencies that have been redesignated from Part 90 to Part 95. We also amend Section 90.621(a) to restore language that was inadvertently deleted when the rule was amended in another proceeding. Further, we utilize this opportunity to amend Sections 90.353(f) and 90.357(a) to correct typographical errors. B. Wireless Medical Telemetry Service Issues Background. The Wireless Medical Telemetry Service (WMTS) was established in 2000 to enhance the reliability of medical telemetry equipment that is vital to the
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  • outer channels of the licensee's block and the interior channels of the licensee's block adjacent to channels occupied by incumbent licensees. EA-based 800 MHz SMR licensees also must abide by strict protections against unacceptable interference to non-cellular 800 MHz licensees under Section 90.672. As noted, EA-based 800 MHz SMR licensees must continue to meet the co-channel separation requirements in Section 90.621. Additionally, EA-based 800 MHz SMR licensees are strictly responsible for abating any unacceptable interference under Section 90.673, and must comply with the interference resolution procedures under Section 90.674. EWA suggests we clarify the applicability of the rule change adopted in this Report and Order in the Canada border area, because the existing protection from EA-based 800 MHz SMR licensees to
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  • Mense, Esq., Lukas, Nace, Gutierrez & Sachs, to Stephen L. Markendorff, Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission (Aug. 28, 1998); Letter from Robert H. McNamara, Director, Regulatory Technology & Compliance, Nextel Communications, Inc. to Stephen L. Markendorff, Deputy Division Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission (Sept. 10, 1998). 47 C.F.R. � 90.621(b). Id. This mileage separation was derived from the Commission's finding that two co-channel, site-based SMR systems will generally operate effectively if the 30 dBu interference contour of one station does not overlap the 40 dBu service contour of another station. See Amendment of Part 90 of the Commission's Rules to Permit the Short-Spacing of Specialized Mobile Radio Systems Upon Concurrence
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-417A1_Erratum.doc
  • Mense, Esq., Lukas, Nace, Gutierrez & Sachs, to Stephen L. Markendorff, Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission (Aug. 28, 1998); Letter from Robert H. McNamara, Director, Regulatory Technology & Compliance, Nextel Communications, Inc. to Stephen L. Markendorff, Deputy Division Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission (Sept. 10, 1998). 47 C.F.R. � 90.621(b). Id. This mileage separation was derived from the Commission's finding that two co-channel, site-based SMR systems will generally operate effectively if the 30 dBu interference contour of one station does not overlap the 40 dBu service contour of another station. See Amendment of Part 90 of the Commission's Rules to Permit the Short-Spacing of Specialized Mobile Radio Systems Upon Concurrence
• http://publicsafety.fcc.gov/pshs/public-safety-spectrum/800-MHz/releases.htm?section=2007
  • Public Safety Planning Meetings. * Public Notice: [213]Word | [214]Acrobat * 1/31/2007 * In re State of Florida Request for Waiver of Section 90.617 of the FCC's Rules to Permit Use of 800 MHz Public Safety Category Channels on Non-Standard Channel Centers. * Order: [215]Word | [216]Acrobat * 1/30/2007 * In re State of Delaware Request for Waiver of Section 90.621(b)(4) of the FCC's Rules and the Inter-Category Sharing Freeze in the 800 MHz Frequency Band. * Order: [217]Word | [218]Acrobat * 1/30/2007 * Approval of Region 27 (Nevada) 800 MHz Regional Planning Committee Amendment to Its Public Safety Plan. * Public Notice: [219]Word | [220]Acrobat * 1/8/2007 * Improving Public Safety Communications in the 800 MHz Band. * Order: [221]Word
• http://publicsafety.fcc.gov/pshs/releases/index.htm?section=2007
  • Department of Transportation's Waiver Request to Operate on UHF TV Frequencies. * Public Notice: [499]Word | [500]Acrobat * 1/31/2007 * PSHSB addresses applications and waiver request filed by the County of Tuscarawas, Ohio to modify its license for Public Safety Station WPDU278. * Order: [501]Word | [502]Acrobat * 1/30/2007 * In re State of Delaware Request for Waiver of Section 90.621(b)(4) of the FCC's Rules and the Inter-Category Sharing Freeze in the 800 MHz Frequency Band. * Order: [503]Word | [504]Acrobat * 1/30/2007 * Approval of Region 27 (Nevada) 800 MHz Regional Planning Committee Amendment to Its Public Safety Plan. * Public Notice: [505]Word | [506]Acrobat * 1/29/2007 * Revision of FCC's Rules to Ensure Compatibility with E911 Emergency Calling Systems;
• http://transition.fcc.gov/Bureaus/Wireless/News_Releases/2002/nrwl0204.html
  • adopted NPRM the Commission solicits comment on how best to remedy interference to 800 MHz public safety systems consistent with minimum disruption to our existing licensing structure and assurance of sufficient spectrum for critical public safety communications. The FCC also seeks comment on a Petition for Rule Making filed by the Personal Communications Industry Association (PCIA) seeking amendment of Section 90.621 of the Commission's Rules. Finally, by incorporating the record in WT Docket No. 99-87, which deals with matters related to the Balanced Budget Act of 1997, the Commission requests comment on the terms and conditions of licenses in the 900 MHz land mobile band if it is used to relocate displaced licensees. The Commission noted its primary objective in this
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  • Supplemental information to be furnished by applicants 90.607 for facilities under this subpart (change to allow electronic filing of information via ULS). 90.609(a) Special limitations on amendment of applications for 1.927, 1.948 assignment or transfer of authorizations for radio systems above 800 MHz (move to consolidated Part 1 Rule). 90.611 Processing of applications (move to consolidated Part 1 1.926 Rule). 90.621(e)(3)(i)( Selection and assignment of frequencies (change to allow90.621(e)(3)(i), e)(5),(f)(1) electronic filing of information via ULS). (e)(5),(f)(1) 90.625(a) Other criteria to be applied in assigning channels for use 90.625(a) in conventional systems of communications (change to allow electronic filing of information via ULS). 90.629(c), (d) Extended implementation period (change to allow 90.629(c), (d) electronic filing of information via ULS). 90.631(b), (f)
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  • PP Docket No. 93-253, First Report and Order, Eighth Report and Order and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd 1463 (1995). Overlay licenses are found in the following services: 800 MHz SMR, Paging and Radio Telephone Service, 39 GHz Service, and 24 GHz Service. 47 C.F.R. � 90.210. See 47 C.F.R. � 22.912 (consent); 47 C.F.R. � 90.621(b)(4) (short-spacing). See, e.g., 47 C.F.R. � 90.210. See 47 C.F.R. � 1.929. See, e.g., 47 C.F.R. �� 1.2110; 24.709. These include foreign ownership restrictions pursuant to Section 310 of the Communications Act and the Commission's rules. 47 U.S.C. � 310. See, e.g., 47 C.F.R. � 90.35. While commercial radio providers offer communications services as their end product, private land mobile
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  • Notice, population information corresponding to each MTA, which also will be used to calculate the upfront payment. B. Treatment of Incumbents 1. MTA Licensee's Interference Protection Obligations to Incumbents 35. Background. The Commission stated in the Second R&O and Second Further Notice, that MTA licensees will be required to afford interference protection to incumbent SMR systems, as provided in Section 90.621(b), in one of three ways: (1) By locating their stations at least 113 km (70 miles) from any incumbent's facilities; (2) by complying with the co-channel separation standards in the short-spacing rule (� 90.621(b)(4)), if they seek to operate stations located less than 113 km from an incumbent's facilities; or (3) by negotiating an even shorter distance with the incumbent
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  • Order). Waiver Request at 1-2, Att. A. The system also uses geographic area licenses in seven Economic Areas, site- 8 based SMR licenses, and General Category channels. Id. at 5; Public Notice at n. 1. 800 MHz SMR Report and Order at 1-3. 9 Id. at 4. 10 47 C.F.R. � 90.617(b), (c). 11 See former rule 47 C.F.R. � 90.621(e)(2) (1994). 12 2 in this proceeding, we conclude that Southern's request should be granted in part and denied in part. Specifically, we grant Southern an extension to continue construction of the originally authorized wide-area SMR network until the effective date of final rules implementing the Balanced Budget Act of 1997 with respect to the licensing of 800 MHz Business and
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  • interference contour and licensees who do not desire to make modifications may continue to operate within their existing systems. We emphasized that the revised interference standard protects incumbents only 65 against EA licensees, not against other incumbents. As such, the protection that one incumbent must provide Federal Communications Commission FCC 99-270 Id. at 19108, � 76. See 47 C.F.R. � 90.621(b). 66 See 47 C.F.R. �� 90.621(b)(4) and (b)(6). See also Amendment of Part 90 of the Commission's Rules to 67 Permit the Short-Spacing of Specialized Mobile Radio Systems Upon Concurrence from Co-Channel Licensees, Report and Order, 6 FCC Rcd 4929 (1991). ITA Petition for Clarification and Reconsideration at 3-4. 68 Mobex Reply to Opposition at 2; Duke Energy Reply to
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • tabulated results . . . the readings at the 28 dBu contour point consistently showed reliable service." 75 46. We have the following observations with regard to this data. First, we note that the particular transmitter site chosen for the Vega Report's study is situated at Tiger Mountain, which is located about 20 miles southeast of Seattle, Washington. In Section 90.621(b)(1) and (b)(3) of the Commission's Rules, the Commission identifies 19 mountains in the Seattle area, including Federal Communications Commission FCC 98-93 One of these mountains is Mt. Lukens, which was the location of the 220 MHz base station used by INTEK in its 76 analysis. See para. 34, supra. Section 90.621(2) also provides special co-channel separation provisions for stations located
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  • dismissed. See Public Notice, Private Land Mobile Application Procedures for Spectrum in the 896-901 MHz and 30 935-940 MHz bands, DA 86-173, 1 FCC Rcd 543 (1986). The Santa Monica Mountains, the Santa Susana Mountains, the San Gabriel Mountains, the Verdugo 31 Mountains, and the Santa Ana Mountains are in close proximity to the greater Los Angeles area. See Section 90.621(b)(3) of the Commission's Rules. 32 Page 8 All licensees applying for modification of their authorization must also ensure that they comply with all applicable technical and operational rules (e.g., Section 90.723(d) and Section 90.729 of the Commission's Rules). 10. We believe that this modification procedure will enable 220 MHz licensees to provide service in the geographic area they were authorized
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  • for protection for these services. In both instances, we concluded that we should continue to base interference protection in these services on the provision of protection to the 40 dBu contour. 329 In the 800 MHz SMR Report and Order, for example, we decided to require EA licensees to afford interference protection to incumbent SMR systems, as provided in Section 90.621 of the Commission's rules'' -- which provides for protection of a licensee's 40 dBu contour. In support 330 of our decision, we stated that this will ensure adequate protection of incumbent operations, without hampering the ability of EA licensees to construct stations throughout their authorized Federal Communications Commission FCC 97-57 Id. See also 900 MHz SMR Second Report and Order,
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  • tabulated results . . . the readings at the 28 dBu contour point consistently showed reliable service." 75 45. We have the following observations with regard to this data. First, we note that the particular transmitter site chosen for the Vega Report's study is situated at Tiger Mountain, which is located about 20 miles southeast of Seattle, Washington. In Section 90.621(b)(1) and (b)(3) of the Commission's Rules, the Commission identifies 19 mountains in the Seattle area, including Tiger Mountain, and four mountains in the Los Angeles area, and indicates that co-channel base stations 76 located in the vicinity of base stations transmitting from these mountaintops are deserving of special Federal Communications Commission FCC 98-93 Section 90.621(2) also provides special co-channel separation
• http://wireless.fcc.gov/auctions/26/releases/fc970059.pdf http://wireless.fcc.gov/auctions/26/releases/fc970059.txt http://wireless.fcc.gov/auctions/26/releases/fc970059.wp
  • of Mobil e 75 Services, Second Report and Order, GN Docket No. 93-252, 9 FCC Rcd 1411, 1455, � 102 (1994) (CMRS Second Report and Order). In the First Report and Order, we stated that BETRS and Rural Radiotelephone Service applications were not subject to the interim freeze. First Report and Order at � 38. We note that under Section 90.621(h) certain channels in the 800 MHz band are available on a co-primary basis 76 to BETRS. Due to the limited amount of BETRS licensing on these channels, the Commission is no longer acceptin g BETRS applications for those frequencies. See Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency
• http://wireless.fcc.gov/auctions/30/releases/fc990179.pdf http://wireless.fcc.gov/auctions/30/releases/fc990179.txt http://wireless.fcc.gov/auctions/30/releases/fc990179.wp
  • of that portion of the NPRM and Order that imposed an interim freeze on 39 GHz applications and amendments. 47 C.F.R. � 1.429(i) (emphasis added). 22 See WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 23 1965), cert. denied, 383 U.S. 967 (1966); see also Waivers of Section 90.621(b) of the Commission's Rules for Applicants in the Specialized Mobile Radio Service, PR Docket No. 90-34, Order, 8 FCC Rcd 7619, 7619 (1993). ELAR MO&O at 5. 24 Id. at 6. 25 Id. at 7. 26 Id. at 8. 27 6 the interim filing and processing freeze has been requested. Section 1.429(i) of the Commission's Rules states: 21 Any order
• http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
  • to protect incumbents from harmful interference. These limitations may restrict the ability of such geographic area licenses to use certain portions of the electromagnetic spectrum or provide service to certain areas in their geographic license areas. Specifically, an EA authorization holder will be required to coordinate with the incumbent licensees by using the interference protection criteria in Sections 90.683 and 90.621(b) of the Commission's rules. However, operational agreements are encouraged between the parties. Should an incumbent lose its license, the incumbent's service area(s) will convey to the relevant authorized holder of the EA. The relevant authorized holder of the EA will then be entitled to operate within the forfeited service area(s) located within its EA, without being subject to further competitive
• http://wireless.fcc.gov/auctions/55/resources/ServiceRulesandDueDiligence2.pdf
  • incumbent licensees � �Protection for all sites for which applications were filed on or Protection for all sites for which applications were filed on orprior to prior to August 9, 1994 (Rule 90.663) August 9, 1994 (Rule 90.663) � �Protection to incumbents is based on a fixed separation criteria Protection to incumbents is based on a fixed separation criteria(Rule (Rule 90.621(b)) 90.621(b)) Licensing and Operating Rules Licensing and Operating Rules Build Build--out Requirements for MTA licenses out Requirements for MTA licenses Within 3 years, must provide coverage to one Within 3 years, must provide coverage to one--third of the third of the population of the MTA population of the MTA.. Within 5 years, must provide coverage to two Within 5 years,
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=16
  • not more than $3 million (a "very small business") receives a 35 percent discount on its winning bids for the 800 MHz SMR licenses. These bidding credits are not cumulative. Incumbents EA licensees must provide protection to incumbents by locating stations at least 70 miles (113 km) from incumbent's facilities or by complying with the short-spacing rule. See 47 C.F.R. 90.621. Incumbents may modify or add sites so long as they do not exceed existing 22 dBu signal strength contour. See 47 C.F.R. 90.693. Incumbent 800 SMR systems are entitled to co-channel protection by EA licensees, as well as adjacent channel interference protection. Incumbent systems, however, are not allowed to expand beyond existing service areas unless they obtain the EA license
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=55
  • can be found on the Commissions web site by going to [53]Tribal Land Credits. Incumbents Incumbent SMR systems in the 900 MHz MTA blocks are entitled to co-channel protection by MTA licensees. Among other licensing and technical rules, MTA licensees will be required to afford interference protection to incumbent SMR systems, on a fixed separation basis as provided in Section 90.621. Secondary sites for which applications were filed on or before August 9, 1994, are also afforded complete co-channel protection. Incumbents may modify or add sites so long as they do not exceed their existing 40 dBu signal strength contour. See 47 C.F.R. 90.667(a). In fact, incumbent systems are not allowed to expand beyond existing service areas unless they obtain the
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=7
  • licensees, as well as adjacent channel interference protection. Incumbent systems, however, are not allowed to expand beyond existing service areas unless they obtain the MTA license for the relevant channels. Incumbents: MTA licensees must provide protection to incumbents by locating stations at least 70 miles (113 km) from incumbent's facilities or by complying with the short-spacing rule. See 47 C.F.R. 90.621. Secondary sites for which applications were filed on or before August 9, 1994, will be afforded complete co-channel protection. No secondary sites will be granted after the selection of MTA licensees. See 47 C.F.R. 90.667(b). Incumbents may modify or add sites so long as they do not exceed existing 40 dBu signal strength contour. See 47 C.F.R. 90.667(a). . [50]Return
• http://wireless.fcc.gov/auctions/general/releases/da010707.doc http://wireless.fcc.gov/auctions/general/releases/da010707.pdf http://wireless.fcc.gov/auctions/general/releases/da010707.txt
  • is hereby corrected to read as follows: Section 90.179 is amended by revising paragraph (i) to read as follows: � 90.179 Shared use of stations. * * * * * The provisions of this section do not apply to licensees authorized to provide commercial radio service under this part, including licensees authorized to use channels transferred or assigned to � 90.621(e)(2) of this part. FEDERAL COMMUNICATIONS COMMISSION Margaret W. Wiener Chief, Auctions and Industry Analysis Wireless Telecommunications Bureau In the Matter of Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, WT Docket No. 99-87, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC 22709 (2000) (``Balanced Budget Act Report and Order''). (continued....) Federal
• http://wireless.fcc.gov/auctions/general/releases/fc000403.doc http://wireless.fcc.gov/auctions/general/releases/fc000403.pdf http://wireless.fcc.gov/auctions/general/releases/fc000403.txt
  • for the requested frequency(ies). Section 90.179 is amended by revising paragraph (g) to read as follows: � 90.179 Shared use of stations. * * * * * (g) The provisions of this section do not apply to licensees authorized to provide commercial mobile radio service under this part, including licensees authorized to use channels transferred or assigned pursuant to � 90.621(e)(2) of this part. Section 90.621 is amended by revising paragraph (e)(2) to read as follows: � 90.621 Selection and assignment of frequencies. * * * * * (e) * * * (2) Notwithstanding paragraph (e)(5) of this section, licensees of channels in the Industrial/Land Transportation and Business categories may request a modification of the license, see � 1.947 of this
• http://wireless.fcc.gov/index.htm?job=headlines
  • 12-256) Wireless Telecommunications Bureau Seeks Comment on Delta Air Lines, Inc. Request for Waiver of the January 1, 2013 VHF-UHF Narrowbanding Deadline [426]pdf - [427]Word 2/22/2012 ORDER (DA 12-254) Third District Enterprises, LLC Applications for New 800 MHz Stations in Los Angeles and San Diego Counties, California; Requests for Waiver of the Wave 4 Freeze on New Applications and Section 90.621 of the Commission's Rules [428]pdf - [429]Word 2/21/2012 PUBLIC NOTICE (DA 12-246) Wireless Telecommunications Bureau and Public Safety And Homeland Security Bureau Provide Supplemental Guidance For Licensees In The 150-174 MHz and 421-512 MHz Bands Seeking Waivers Of The January 1, 2013 Narrowbanding Deadline [430]pdf - [431]Word 2/17/2012 ORDER ON RECONSIDERATION (DA 12-244) Warren C. Havens [432]pdf - [433]Word 2/16/2012
• http://wireless.fcc.gov/index.htm?job=headlines&y=2012
  • 12-256) Wireless Telecommunications Bureau Seeks Comment on Delta Air Lines, Inc. Request for Waiver of the January 1, 2013 VHF-UHF Narrowbanding Deadline [426]pdf - [427]Word 2/22/2012 ORDER (DA 12-254) Third District Enterprises, LLC Applications for New 800 MHz Stations in Los Angeles and San Diego Counties, California; Requests for Waiver of the Wave 4 Freeze on New Applications and Section 90.621 of the Commission's Rules [428]pdf - [429]Word 2/21/2012 PUBLIC NOTICE (DA 12-246) Wireless Telecommunications Bureau and Public Safety And Homeland Security Bureau Provide Supplemental Guidance For Licensees In The 150-174 MHz and 421-512 MHz Bands Seeking Waivers Of The January 1, 2013 Narrowbanding Deadline [430]pdf - [431]Word 2/17/2012 ORDER ON RECONSIDERATION (DA 12-244) Warren C. Havens [432]pdf - [433]Word 2/16/2012
• http://wireless.fcc.gov/services/index.htm?job=operations&id=smrs
  • [25]WTB > [26]Services > [27]Specialized Mobile Radio Service > Operations [28]FCC Site Map Operations Treatment of Incumbents 800 MHz Incumbent 800 SMR systems are entitled to co-channel protection by EA licensees. Specifically, EA licensees must provide protection to incumbents by locating stations at least 70 miles (113 km) from incumbent facilities or by complying with the short-spacing rules. See [29]rule 90.621. Incumbent systems are not allowed to expand beyond existing interference contours unless they obtain the concurrence of the EA licensee for the relevant channels or acquire the EA license. See [30]rule 90.693. 900 MHz Incumbent 900 SMR systems are entitled to co-channel protection by MTA licensees. Incumbent systems, however, are not allowed to expand beyond existing service areas unless they
• http://wireless.fcc.gov/services/index.htm?job=service_areas&id=smrs
  • site-based licenses are referred to as incumbent licenses. Since the introduction of auctions in the service, new licenses are issued on a geographic area basis. Each license consists of a block of frequencies (a group of 800 MHz channels) for a specific geographic area. Geographic area licensees must provide protection to incumbent licensees in accordance with rule 90.683 and rule 90.621(b). Prior to the Second Report and Order and Second Further Notice of Proposed Rule Making released April 17, 1995, licenses in the 900 MHz SMR service were issued on a site by site basis within Designated Filing Areas (DFAs) and around DFAs on a secondary basis (Phase I). Phase I licenses for which applications were filed on or prior to
• http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
  • or future sharing arrangements, agreements, or treaties between the United States and Canada.||||P 1049|LP|Effective Radiated Power (ERP) has been reduced to comply with the Commission's Rules.|||||P 1059|LP|These frequencies may not be used within 110 kilometers (68.4 miles) of the US and Mexican border, nor within 140 kilometers (100 miles) of the US and Canada border.|||||P 1060|LP|Authorized pursuant to Rule Section 90.621(b)(4)/(5)/(6).|||||P 1062|LP|Failure to certify annually as to station construction commitments will terminate the authority for the extended implementation period and will require complete system construction within six months of the first missed annual certification date.|||||P 1063|LP|Per Rule 90.305(a) temporary base station shall be located not more than 80 Page 8 special_cond_code21.txt kilometers (50 miles) from the geographic center of the urbanized
• http://wireless.fcc.gov/uls/index.htm?&job=processing_utilities_home
  • and Mexican borders. This program provides you the distance to Chicago. [81]Rule 90.617 defines a unique channel plan for the Chicago area that the FCC defines as stations with a 70-mile radius of 41 52' 28"N and 87 38' 22"W. This program alerts you if the entered coordinates are in proximity to a defined peak as defined in Rule Section 90.621. [82]Rule section 90.621 defines mountain peaks that should be provided special protection criteria. Return to Top Arrow [83]Return to Top Line A and Line C [84]Line A and Line C The Line A and Line C Program determines whether an entered coordinate is SOUTH of Line A or WEST of Line C. Line A is an imaginary line within the
• http://wireless.fcc.gov/uls/index.htm?job=processing_utilities_home
  • and Mexican borders. This program provides you the distance to Chicago. [81]Rule 90.617 defines a unique channel plan for the Chicago area that the FCC defines as stations with a 70-mile radius of 41 52' 28"N and 87 38' 22"W. This program alerts you if the entered coordinates are in proximity to a defined peak as defined in Rule Section 90.621. [82]Rule section 90.621 defines mountain peaks that should be provided special protection criteria. Return to Top Arrow [83]Return to Top Line A and Line C [84]Line A and Line C The Line A and Line C Program determines whether an entered coordinate is SOUTH of Line A or WEST of Line C. Line A is an imaginary line within the
• http://wireless.fcc.gov/uls/index.htm?job=us_borders
  • and Mexican borders. This program provides you the distance to Chicago. [60]Rule 90.617 defines a unique channel plan for the Chicago area that the FCC defines as stations with a 70-mile radius of 41 52' 28"N and 87 38' 22"W. This program alerts you if the entered coordinates are in proximity to a defined peak as defined in Rule Section 90.621. [61]Rule section 90.621 defines mountain peaks that should be provided special protection criteria. NOTICE: This program is based upon calculation methods in Part 73 of the FCC rules for NAD83 coordinates. Latitude (ddmmss.s) __________ Longitude (dddmmss.s) __________ Coordinate System NAD83 Submit Reset Disclaimer: The Commission makes no warranty whatsoever with respect to the software. In no event shall the Commission,
• http://wireless.fcc.gov/uls/index.htm?job=us_borders&requesttimeout=10000
  • and Mexican borders. This program provides you the distance to Chicago. [60]Rule 90.617 defines a unique channel plan for the Chicago area that the FCC defines as stations with a 70-mile radius of 41 52' 28"N and 87 38' 22"W. This program alerts you if the entered coordinates are in proximity to a defined peak as defined in Rule Section 90.621. [61]Rule section 90.621 defines mountain peaks that should be provided special protection criteria. NOTICE: This program is based upon calculation methods in Part 73 of the FCC rules for NAD83 coordinates. Latitude (ddmmss.s) __________ Longitude (dddmmss.s) __________ Coordinate System NAD83 Submit Reset Disclaimer: The Commission makes no warranty whatsoever with respect to the software. In no event shall the Commission,
• http://wireless.fcc.gov/uls/releases/forum.pdf
  • managers. Often we submit engineering studies from these persons. Is the P.E. designation sufficient? What about in-house technical specialists who are familiar with the rules, or persons holding B.S. degrees in engineering? Also, many Part 90 interference issues are governed by fixed separation criteria or sliding-scale separation tables that can be interpreted by non-engineers (such as co- channel separation at 90.621) -- is that okay? Is there FCC guidance on this issue? Answer: Each Petitioner should establish, in its Petition, the qualifications of any person providing expert technical advice. Clearly, a radio engineer with a P.E. certification is qualified to provide expert technical advice, whereas non-engineers are usually not qualified to serve as a "qualified radio engineer." The Bureau will review
• http://wireless.fcc.gov/uls/weeklypn.htm?&job=processing_utilities_home
  • and Mexican borders. This program provides you the distance to Chicago. [81]Rule 90.617 defines a unique channel plan for the Chicago area that the FCC defines as stations with a 70-mile radius of 41 52' 28"N and 87 38' 22"W. This program alerts you if the entered coordinates are in proximity to a defined peak as defined in Rule Section 90.621. [82]Rule section 90.621 defines mountain peaks that should be provided special protection criteria. Return to Top Arrow [83]Return to Top Line A and Line C [84]Line A and Line C The Line A and Line C Program determines whether an entered coordinate is SOUTH of Line A or WEST of Line C. Line A is an imaginary line within the
• http://wireless.fcc.gov/uls/weeklypn.htm?job=processing_utilities_home
  • and Mexican borders. This program provides you the distance to Chicago. [81]Rule 90.617 defines a unique channel plan for the Chicago area that the FCC defines as stations with a 70-mile radius of 41 52' 28"N and 87 38' 22"W. This program alerts you if the entered coordinates are in proximity to a defined peak as defined in Rule Section 90.621. [82]Rule section 90.621 defines mountain peaks that should be provided special protection criteria. Return to Top Arrow [83]Return to Top Line A and Line C [84]Line A and Line C The Line A and Line C Program determines whether an entered coordinate is SOUTH of Line A or WEST of Line C. Line A is an imaginary line within the
• http://wireless.fcc.gov/uls/weeklypn.htm?job=us_borders
  • and Mexican borders. This program provides you the distance to Chicago. [60]Rule 90.617 defines a unique channel plan for the Chicago area that the FCC defines as stations with a 70-mile radius of 41 52' 28"N and 87 38' 22"W. This program alerts you if the entered coordinates are in proximity to a defined peak as defined in Rule Section 90.621. [61]Rule section 90.621 defines mountain peaks that should be provided special protection criteria. NOTICE: This program is based upon calculation methods in Part 73 of the FCC rules for NAD83 coordinates. Latitude (ddmmss.s) __________ Longitude (dddmmss.s) __________ Coordinate System NAD83 Submit Reset Disclaimer: The Commission makes no warranty whatsoever with respect to the software. In no event shall the Commission,
• http://wireless.fcc.gov/wtb/index.htm?job=headlines
  • 12-256) Wireless Telecommunications Bureau Seeks Comment on Delta Air Lines, Inc. Request for Waiver of the January 1, 2013 VHF-UHF Narrowbanding Deadline [426]pdf - [427]Word 2/22/2012 ORDER (DA 12-254) Third District Enterprises, LLC Applications for New 800 MHz Stations in Los Angeles and San Diego Counties, California; Requests for Waiver of the Wave 4 Freeze on New Applications and Section 90.621 of the Commission's Rules [428]pdf - [429]Word 2/21/2012 PUBLIC NOTICE (DA 12-246) Wireless Telecommunications Bureau and Public Safety And Homeland Security Bureau Provide Supplemental Guidance For Licensees In The 150-174 MHz and 421-512 MHz Bands Seeking Waivers Of The January 1, 2013 Narrowbanding Deadline [430]pdf - [431]Word 2/17/2012 ORDER ON RECONSIDERATION (DA 12-244) Warren C. Havens [432]pdf - [433]Word 2/16/2012
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2012
  • 12-256) Wireless Telecommunications Bureau Seeks Comment on Delta Air Lines, Inc. Request for Waiver of the January 1, 2013 VHF-UHF Narrowbanding Deadline [426]pdf - [427]Word 2/22/2012 ORDER (DA 12-254) Third District Enterprises, LLC Applications for New 800 MHz Stations in Los Angeles and San Diego Counties, California; Requests for Waiver of the Wave 4 Freeze on New Applications and Section 90.621 of the Commission's Rules [428]pdf - [429]Word 2/21/2012 PUBLIC NOTICE (DA 12-246) Wireless Telecommunications Bureau and Public Safety And Homeland Security Bureau Provide Supplemental Guidance For Licensees In The 150-174 MHz and 421-512 MHz Bands Seeking Waivers Of The January 1, 2013 Narrowbanding Deadline [430]pdf - [431]Word 2/17/2012 ORDER ON RECONSIDERATION (DA 12-244) Warren C. Havens [432]pdf - [433]Word 2/16/2012
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2004&m=6&t=Order
  • [76]pdf - [77]word - [78]txt 06/08/2004 WTB Orders (DA 04-1404) NASSAU COUNTY POLICE DEPARTMENT Dismissed the Petitions for Reconsideration filed by Mountain Broadcasting Corporation and WTXX-TV, ... DA-04-1404A1: [79]pdf - [80]word - [81]txt 06/08/2004 WTB Orders (DA 04-1641) PROGRESS ENERGY SERVICE COMPANY, LLC FOR A 900 MHZ TRUNKED INDUSTRIAL/TRANSPORTATION STATION LICENSE IN ZEPHYRHILLS, FLORIDA, AND REQUEST FOR WAIVER OF SECTION 90.621(B)(4) OF THE COMMISSION'S RULES Granted in part and denied in part the Petition to Deny. Proposed to modify the license for Private... DA-04-1641A1: [82]pdf - [83]word - [84]txt 06/04/2004 WTB Orders (DA 04-1622) PEPPERELL AIRPORT For New Aeronautical Advisory Station at Pepperell, MA Denied the Petition DA-04-1622A1: [85]pdf - [86]word - [87]txt 06/04/2004 WTB Orders (DA 04-1608) Erratum - Amendment
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2012&m=2&t=Order
  • (DA 12-312) City of Springfield, MO/Department of Public Works Denied the Request for Extension of Time DA-12-312A1_Rcd: [44]pdf DA-12-312A1: [45]pdf - [46]word - [47]txt 02/22/2012 WTB Orders (DA 12-254) Third District Enterprises, LLC Applications for New 800 MHz Stations in Los Angeles and San Diego Counties, California; Requests for Waiver of the Wave 4 Freeze on New Applications and Section 90.621 of the Commission's Rules Denied the waiver requests and dismissed the applications DA-12-254A1_Rcd: [48]pdf DA-12-254A1: [49]pdf - [50]word - [51]txt 02/17/2012 WTB Orders (DA 12-244) Warren C. Havens Denied the Petition for Reconsideration DA-12-244A1_Rcd: [52]pdf DA-12-244A1: [53]pdf - [54]word - [55]txt 02/16/2012 WTB Orders (DA 12-232) Application of New Cingular Wireless PCS, LLC and D&E Investments, Inc Granted the application
• http://www.fcc.gov/Bureaus/Wireless/News_Releases/2002/nrwl0204.html
  • adopted NPRM the Commission solicits comment on how best to remedy interference to 800 MHz public safety systems consistent with minimum disruption to our existing licensing structure and assurance of sufficient spectrum for critical public safety communications. The FCC also seeks comment on a Petition for Rule Making filed by the Personal Communications Industry Association (PCIA) seeking amendment of Section 90.621 of the Commission's Rules. Finally, by incorporating the record in WT Docket No. 99-87, which deals with matters related to the Balanced Budget Act of 1997, the Commission requests comment on the terms and conditions of licenses in the 900 MHz land mobile band if it is used to relocate displaced licensees. The Commission noted its primary objective in this
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Supplemental information to be furnished by applicants 90.607 for facilities under this subpart (change to allow electronic filing of information via ULS). 90.609(a) Special limitations on amendment of applications for 1.927, 1.948 assignment or transfer of authorizations for radio systems above 800 MHz (move to consolidated Part 1 Rule). 90.611 Processing of applications (move to consolidated Part 1 1.926 Rule). 90.621(e)(3)(i)( Selection and assignment of frequencies (change to allow90.621(e)(3)(i), e)(5),(f)(1) electronic filing of information via ULS). (e)(5),(f)(1) 90.625(a) Other criteria to be applied in assigning channels for use 90.625(a) in conventional systems of communications (change to allow electronic filing of information via ULS). 90.629(c), (d) Extended implementation period (change to allow 90.629(c), (d) electronic filing of information via ULS). 90.631(b), (f)
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • PP Docket No. 93-253, First Report and Order, Eighth Report and Order and Second Further Notice of Proposed Rulemaking, 11 FCC Rcd 1463 (1995). Overlay licenses are found in the following services: 800 MHz SMR, Paging and Radio Telephone Service, 39 GHz Service, and 24 GHz Service. 47 C.F.R. � 90.210. See 47 C.F.R. � 22.912 (consent); 47 C.F.R. � 90.621(b)(4) (short-spacing). See, e.g., 47 C.F.R. � 90.210. See 47 C.F.R. � 1.929. See, e.g., 47 C.F.R. �� 1.2110; 24.709. These include foreign ownership restrictions pursuant to Section 310 of the Communications Act and the Commission's rules. 47 U.S.C. � 310. See, e.g., 47 C.F.R. � 90.35. While commercial radio providers offer communications services as their end product, private land mobile
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992157.doc
  • of Waiver II and dismiss the amended applications as defective pursuant to Section 1.934(d)(2) of the Commission's Rules. II. BACKGROUND 2. On June 23, 1992, LMR filed seventeen applications for various 800 MHz and 900 MHz PLMR, SMR and General Category channels for use in its proposed AIRSMR system. LMR contemporaneously filed a waiver request of Sections 90.175, 90.603, 90.615, 90.621(a) and (b), and 90.631(b), (e) and (f) of the Commission's Rules to establish its AIRSMR system. Between July 8, 1992 and August 7, 1992, numerous licensees filed pleadings opposing LMR's applications and Waiver Request. Between September 25, 1992 and February 8, 1993, LMR amended its applications. On January 14, 1993, in reply to the pleadings filed against its applications and
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992540.doc
  • to the March 5, 1998, letter, stating that it requested the frequency pair 819/864.6375 MHz because "that was what the F.C.C. had recommended and issued to other companies for `itinerant' use above Line A." 5. Discussion. Section 90.613 of the Rules designates the frequency 864.6375 MHz as a base station frequency. The corresponding mobile frequency is 819.6375 MHz. While Section 90.621(a)(1)(ii) of the Rules permits a mobile station to transmit on any frequency assigned to its base station, Country Cousins indicates that its operations will be mobile-to-mobile only. 6. Pursuant to Section 1.925(b)(3) of the Rules, we may grant a request for waiver of the Rules if the applicant shows either (a) that the underlying purpose of the rule would not
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99399.doc
  • but converted to SMR use through inter-category sharing. Mobile Relays argues that B/ILT frequencies ``held by an auction winner are not held as the result of any auction, and must be constructed consistent with the licensee's pre-existing waiver.'' Id. Mobile Relays also notes that any B/ILT frequencies held by a wide-area SMR licensee are held pursuant to 47 C.F.R. � 90.621(f)(2) which specifies that the out-of-category licensee must operate by the rules applicable to the category to which the frequency is allocated. Id. at 2-3. The proposal would also exclude licensees who as yet have not constructed any authorizations but seek to construct a digital wide-area system ``from scratch.'' Id. at 3-4. Mobile Relays argues that the former is far more
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000365.doc
  • waiver of the requirement) is not substantially complete. See Waste Management, Collection & Recycling, Inc., Memorandum Opinion and Order, FCC 99-134, at n. 37 (rel. June 21, 1999). Thus, we do not consider the December 24 application to have been filed at that time. See 47 C.F.R. �� 90.149(a), 90.175 introductory paragraph (1997). Id. at 6. See 47 C.F.R. � 90.621(b)(4). Federal Express Corporation Request for Rule Waiver filed on May 30, 1997 (Waiver Request). See Five Applicants Petition to Deny filed on May 6, 1997. See also Federal Express Corporation Opposition filed on May 30, 1997, and Five Applicants Reply filed on June 11, 1997. Branch Letter at 2-3. Id. at 2. Id. Id. at 3. According to our licensing
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001742.doc
  • at 11489 � 32. Id. See alsoULS Report and Order, 13 FCC Rcd at 21089 � 139. ULS Reconsideration Order, 14 FCC Rcd at 11489 � 32. Petition at 3. Popkin R&O Reconsideration Petition at 3. ULS Reconsideration Order, 14 FCC Rcd at 11498 � 61. For other Commission decisions dismissing petitions for reconsideration as repetitious, see Waivers of Section 90.621(b) of the Commission's Rules for Applicants in the Special Mobile Radio Service, Order, PR Docket No. 90-34, 8 FCC Rcd 7619 (1993), Investigation of Special Access Tariffs of Local Exchange Carriers, Order on Further Reconsideration, CC Docket No. 85-166, 6 FCC Rcd 76 (1991), and Amendment of Part 73 of the Commission's Rules to Permit Short-Spaced FM Station Assignments by
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001774.doc
  • co-located conventional Business Category channels, licensed as community repeaters to various end-users but operated by GLM. The end-user licensees consented to the proposed consolidation. GLM proposed to create a seven-channel trunked SMR system, on which it would provide trunked commercial service to GLM's customers. In order to convert the Business channels to SMR use, GLM needed a waiver of Section 90.621(e) of the Commission's Rules, which does not permit inter-category sharing by SMR applicants. 3. On August 13, 1997, GLM filed a request for special temporary authority (STA) to use the six channels in its proposed trunked SMR system during the pendency of its application and waiver request. On August 21, 1997, the Commercial Wireless Division granted an STA for a
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00051.doc
  • 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 Review
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00074.doc
  • the Branch denied Syracuse's petition on the grounds that Syracuse's amended application was defective. Syracuse presents no arguments in its Application for Review that would lead us to change the Bureau's decision. The Bureau properly denied Syracuse's petition because Syracuse's amended application did not adequately demonstrate concurrence by co-channel licensees to the short-spacing proposed by Syracuse, as required by Section 90.621(b)(5) of the Commission's rules. In particular, Syracuse failed to provide (1) a certification from Tele-Track, the concurring licensee, that its system was constructed and fully operational, or (2) a certificate of service indicating that Tele-Track had been served with a copy of Syracuse's application proposing to operate on the same frequencies. In addition, even if Syracuse's amended application had not
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00077.doc
  • Branch's decision that the grant of the application for Hyland was consistent with our Rules. Accordingly, we deny the Application for Review and uphold the Branch's dismissal of the petition for reconsideration. IV. ORDERING CLAUSE 7. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.115, 90.621(a)(2), 90.625(a) and 90.633(b) of the Commission's Rules, 47 C.F.R. �� 1.115, 90.621(a)(2), 90.625(a), 90.633(b), Mobile Radio Cooperative Association and S&S Excavating's Application for Review filed on May 3, 1996 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary In the proceeding below, Mobile Radio Cooperative Association referred to itself as Mobile Relay Cooperative Association. However, at the time the Application
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00288.doc
  • Final Regulatory Flexibility Analysis will also be published in the Federal Register. See 47 C.F.R. � 90.629. See also Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Memorandum Opinion and Order on Remand, 14 FCC Rcd. 21679, 21680, n.6 (� 4)(Remand Order). See 47 C.F.R. �� 90.615(a)(1994), 90.621(e)(1994). Fresno Mobile Radio, Inc., et al. v. FCC, 165 F.3d 965 (D.C. Cir. 1999) (Fresno). Remand Order at 21679 (� 1). See 47 C.F.R. �� 90.615(a) and 90.621(e) (1994); see also Inter-Category Sharing of Private Mobile Radio Frequencies in the 806/821/851-866 MHz bands, Order, 10 FCC Rcd. 7350 (WTB: 1995) (Inter-Category Freeze Order). In April of 1995, the Wireless Telecommunications
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99417.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99417.txt
  • Mense, Esq., Lukas, Nace, Gutierrez & Sachs, to Stephen L. Markendorff, Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission (Aug. 28, 1998); Letter from Robert H. McNamara, Director, Regulatory Technology & Compliance, Nextel Communications, Inc. to Stephen L. Markendorff, Deputy Division Chief, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission (Sept. 10, 1998). 47 C.F.R. � 90.621(b). Id. This mileage separation was derived from the Commission's finding that two co-channel, site-based SMR systems will generally operate effectively if the 30 dBu interference contour of one station does not overlap the 40 dBu service contour of another station. See Amendment of Part 90 of the Commission's Rules to Permit the Short-Spacing of Specialized Mobile Radio Systems Upon Concurrence
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001171.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001171.txt
  • 70-mile zone on either side of the rights-of-way of all operating rail lines in the United States. PTC, once called an Advanced Train Control System (ATCS), operates on six Industrial/Land Transportation frequency pairs in the 900 MHz band and is designed to prevent train collisions, high speed accidents, or incursions into locations reserved for roadway workers. See Waiver of Sections 90.621(d), 90.623(a), 90.629, 90.633, and 90.651(c) of the Commission's Rules to License Use of Six Conventional 900 MHz Frequency Pairs for an Advanced Train Control System, 3 FCC Rcd 427, 427 �� 1-6 (1988). If this petition for a single geographic license is granted, AAR plans to issue sub-licenses to the individual railroads who use ATCS/PTC while it maintains a computerized
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001698.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001698.txt
  • WAIVER TO PERMIT RELOCATION OF 800 MHZ GENERAL CATEGORY STATION WNGC433 Comment Date: August 15, 2000 Reply Comment Date: August 25, 2000 On July 14, 2000, City of Denton, Texas (Denton) filed an application to modify its license for Station WNGC433 to relocate the tower. Denton concurrently requested a waiver of the 800 MHz General Category freeze, and of Section 90.621 of the Commission's Rules, 47 C.F.R. � 90.621, to permit short-spacing by Denton. Denton is licensed for three General Category frequency pairs and five Industrial/Land Transportation frequency pairs in the 800 MHz band. This system serves 831 mobile and portable units and is used by Denton's police, fire and medical teams. Denton states that it must relocate its site because
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030721.html
  • Association for Amateur Radio (ARRL) in response to our Report and Order in this proceeding. (Dkt No. 98-156). Action by: the Commission. Adopted: 07/15/2003 by MO&O. (FCC No. 03-175). OET [20]FCC-03-175A1.doc [21]FCC-03-175A1.pdf [22]FCC-03-175A1.txt WHITE EAGLE CONCRETE, INC. Granted the Petition in part and otherwise dismissed the Petition because one location on White Eagle Concrete's application did not comply with Section 90.621(b)(4) of the Commission's Rules. Action by: Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: 07/16/2003 by RECON. (DA No. 03-2356). WTB [23]DA-03-2356A1.doc [24]DA-03-2356A1.pdf [25]DA-03-2356A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED JULY 18, 2003, DID NOT APPEAR IN DIGEST NO. 137: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 07/18/2003. DOMESTIC SECTION 214 APPLICATION FILED FOR ACQUISITION OF ASSETS OF
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040609.html
  • EXTENDS THE FREEZE ON HIGH POWER USE OF THE 460-470 MHZ BAND OFFSET CHANNELS. (DA No. 04-1654). WTB. Contact: Freda Lippert Thyden at (202) 418-0627, email: Freda.Thyden@fcc.gov, TTY: (202) 418-7233 [65]DA-04-1654A1.doc [66]DA-04-1654A1.pdf [67]DA-04-1654A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- PROGRESS ENERGY SERVICE COMPANY, LLC FOR A 900 MHZ TRUNKED INDUSTRIAL/TRANSPORTATION STATION LICENSE IN ZEPHYRHILLS, FLORIDA, AND REQUEST FOR WAIVER OF SECTION 90.621(B)(4) OF THE COMMISSION'S RULES. Granted in part and denied in part the Petition to Deny. Proposed to modify the license for Private Land Mobile Radio Services Station WPTQ577 licensed to Progress Energy Service Company, LLC by reducing the authorized ERP of its mobile units. Action by: Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau. Adopted: 06/04/2004 by MO&O.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070131.html
  • A 700 MHZ INTEROPERABLE BROADBAND DATA NETWORK. Conditionally granted the request for waiver to permit operations on 700 MHz band wideband interoperability channels and reserve channels not yet available for licensing. Action by: Deputy Chief, Public Safety and Homeland Security Bureau. Adopted: 01/31/2007 by ORDER. (DA No. 07-454). PSHSB [300]DA-07-454A1.doc [301]DA-07-454A1.pdf [302]DA-07-454A1.txt STATE OF DELAWARE REQUEST FOR WAIVER OF SECTION 90.621(B)(4) OF THE COMMISSION'S RULES AND THE INTER-CATEGORY SHARING FREEZE IN THE 800 MHZ FREQUENCY BAND. Denied the waiver request with respect to Section 90.621(b)(4). Dismissed the waiver request with respect to the freeze on 800 MHz inter-category sharing. Action by: Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau. Adopted: 01/30/2007 by ORDER. (DA No. 07-422). PSHSB [303]DA-07-422A1.doc [304]DA-07-422A1.pdf
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120222.html
  • OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [49]DOC-312586A1.pdf [50]DOC-312586A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- THIRD DISTRICT ENTERPRISES, LLC APPLICATIONS FOR NEW 800 MHZ STATIONS IN LOS ANGELES AND SAN DIEGO COUNTIES, CALIFORNIA; REQUESTS FOR WAIVER OF THE WAVE 4 FREEZE ON NEW APPLICATIONS AND SECTION 90.621 OF THE COMMISSION'S RULES. Denied the waiver requests and dismissed the applications. Action by: Assistant Chief, Mobility Division, Wireless Telecommunications Bureau. Adopted: 02/22/2012 by ORDER. (DA No. 12-254). WTB [51]DA-12-254A1.doc [52]DA-12-254A1.pdf [53]DA-12-254A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED FEBRUARY 21, 2012, DID NOT APPEAR IN DIGEST NO. 34: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 02/21/2012.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120316.html
  • UNA VEZ MAS LLCS. Issued an Order to Show Cause why Class A authorizations for five stations should not be modified to low power television. Action by: Chief, Video Division, Media Bureau. Adopted: 03/15/2012 by Order to Show Cause. (DA No. 12-414). MB [38]DA-12-414A1.doc [39]DA-12-414A1.pdf [40]DA-12-414A1.txt SCOTT EMERGENCY COMMUNICATIONS CENTER, SCOTT COUNTY, IOWA. Denied the request for waiver of Section 90.621(b)(4) and dismissed, as moot, the request for waiver of the freeze on 800 MHz inter-category sharing. Action by: Deputy Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau. Adopted: 03/16/2012 by ORDER. (DA No. 12-412). PSHSB [41]DA-12-412A1.doc [42]DA-12-412A1.pdf [43]DA-12-412A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED MARCH 15, 2012, DID NOT APPEAR IN DIGEST NO.
• http://www.fcc.gov/ogc/documents/opinions/1997/chadmore.html http://www.fcc.gov/ogc/documents/opinions/1997/chadmore.wp
  • frequency channels, 200 of which are contained in a contiguous ten MHz block ("upper 200"). The remaining eighty channels are divided into eight non-contiguous blocks ("lower 80"). See Further Notice of Proposed Rule Making ("Further NPRM"), Docket 93-144, 10 F.C.C.R. 7970, 7974 (1994). Originally, the FCC issued licenses by ascertaining whether an application satisfied certain criteria. See generally 47 C.F.R. 90.621 (1995). Licensees of the 280 SMR-only channels were assigned either one or five channels at a time on a station-by-station basis. Further NPRM, 10 F.C.C.R. at 7975. As a general rule, stations operating on the same channel must be a minimum of seventy miles apart. 47 C.F.R. 90.621(b). With the advent of new technologies, however, SMR service operators became interested
• http://www.fcc.gov/ogc/documents/opinions/1997/keller.html http://www.fcc.gov/ogc/documents/opinions/1997/keller.wp
  • 90 of the Commission's Rules to Permit New York Metropolitan Area Public Safety Agencies to Use Frequencies at 482-488 MHZ on a Conditional Basis, Order, 10 F.C.C.R. 4466, 4468 (1995) (waiving requirements because "public safety agencies in the New York City metropolitan area have an urgent and immediate need for additional spectrum capacity for public safety communications"); Waiver of Sections 90.621(d), 90.623(a), 90.629, 90.633, and 90.651(c) of the Commission's Rules to License Use of Six Conventional 900 MHZ Frequency Pairs for an Advanced Train Control System, Order, 3 F.C.C.R. 427, 428 (1988) (citing 47 U.S.C. 151, 332(a)(1) in support of waiver granted to facilitate development of an Advanced Train Control System which would "improve railroad safety ... dramatically"). Applying these principles,
• http://www.fcc.gov/ogc/documents/opinions/1998/cassell.html http://www.fcc.gov/ogc/documents/opinions/1998/cassell.wp
  • inappropriate disregard for the requirements of our rules." Id. The FCC also noted that "a 1.6 kilometer benchmark has been used successfully in the context of geographic coordinates near certain mountain peaks," id. at 16,724 n.21--that is, under one FCC regulation, a station within 1.6 kilometers of a mountain peak is considered to be at the peak. See 47 C.F.R. 90.621(b). Finally, the FCC said that it would regard the 1.6-kilometer measure as a benchmark and not an absolute. It recognized that there may be situations where variances below 1.6 kilometers are not "minor," for example when they jeopardize air safety or when a licensee "knowingly constructed at another site for purposes of changing its station's coverage footprint." See 11 F.C.C.R.
• http://www.fcc.gov/transaction/arch-nextel/nextel_reply040201.pdf
  • as well as Geotek's 43 Prior to April 1995, the Commission permitted 800 MHz eligibles to access channels outside their respective pools under certain specified conditions.For example, an SMR applicant could access available spectrum in the ILT pool if the SMR applicant could establish that its system was fully loaded, and no SMR channels were available in the area. See 90.621(e). 47 C.F.R. Section 90.621(e)(l994). In April 1995, however, the Bureau froze all intercategory sharing applications, pending the outcome of the Commission's proceeding establishing new licensing rules for the 800 MHz SMR service. See Order, DA 95-741, IO FCC Red 7350 (I 9951("Freeze Order"); affirmed Memorandum Opinion and Order,DA 95-l 669, 11 FCC Red 1452 (1995)("Freeze Memorandum Opinion and Order"). 44
• http://www.fcc.gov/transaction/nextel-chadmoore/707dismissal.pdf
  • primarily for Special Mobile Radio ("SMR") systems, many authorizing several hundred channels in a station's area of operation. From time to time, an application associated with one of these facilities may be dismissed by the FCC, in whole or in part, typically for technical reasons such as a mistake in calculating the SMR interference protection standards set forth in Sections 90.621(b) of the Commission's Rules. To the best of Applicant's knowledge, however, none of the above-referenced dismissals or revocations was based on a character issue as defined by the FCC's Rules and policies. Therefore, the FCC should find the Applicant has the requisite basic qualifications to be awarded the grant of the instant application.
• http://www.fcc.gov/transaction/nextel-chadmoore/appli_att1.pdf
  • primarily for Special Mobile Radio ("SMR") systems, many authorizing several hundred channels in a station's area of operation. From time to time, an application associated with one of these facilities may be dismissed by the FCC, in whole or in part, typically for technical reasons such as a mistake in calculating the SMR interference protection standards set forth in Sections 90.621(b) of the Commission's Rules. To the best of Applicant's knowledge, however, none of the above-referenced dismissals or revocations was based on a character issue as defined by the FCC's Rules and policies. Therefore, the FCC should find the Applicant has the requisite basic qualifications to be awarded the grant of the instant application.
• http://www.fcc.gov/transaction/nextel-motorola/dismissal092400.pdf
  • primarily for Special Mobile Radio ("SMR") systems, many authorizing several hundred channels in a station's area of operation. From time to time, an application associated with one of these facilities may be dismissed by the FCC, in whole or in part, typically for technical reasons such as a mistake in calculating the SMR interference protection standards set forth in Sections 90.621(b) of the Commission's Rules. To the best of Applicant's knowledge, however, none of the above-referenced dismissals or revocations was based on a character issue as defined by the FCC's Rules and policies. Therefore, the FCC should find the Applicant has the requisite basic qualifications to be awarded the grant of the instant application.
• http://www.fcc.gov/transaction/nextel-motorola/nextel_exparte030801.pdf
  • as well as Geotek's 43 Prior to April 1995, the Commission permitted 800 MHz eligibles to access channels outside their respective pools under certain specified conditions.For example, an SMR applicant could access available spectrum in the ILT pool if the SMR applicant could establish that its system was fully loaded, and no SMR channels were available in the area. See 90.621(e). 47 C.F.R. Section 90.621(e)(1994). In April 1995, however, the Bureau froze all intercategory sharing applications, pending the outcome of the Commission's proceeding establishing new licensing rules for the 800 MHz SMR service. See Order, DA 95-741, 10 FCC Red 7350 (1995)("Freeze Order"); affirmed Memorandum Opinion and Order, DA 95-l 669, 11 FCC Red 1452 (1995K'Freeze Memorandum Opinion and Order"). 44
• http://www.fcc.gov/transaction/nextel-motorola/nextel_exparte032901.pdf
  • as well as Geotek's 43 Prior to April 1995, the Commission permitted 800 MHz eligibles to access channels outside their respective pools under certain specified conditions.For example, an SMR applicant could access available spectrum in the ILT pool if the SMR applicant could establish that its system was fully loaded, and no SMR channels were available in the area. See 90.621(e). 47 C.F.R. Section 90,62I(e)(19941. In April 1995, however, the Bureau froze all intercategory sharing applications, pending the outcome of the Commission's proceeding establishing new licensing rules for the 800 MHz SMR service. See Order, DA 95-741, 10 FCC Red 7350 (1995lV'Freeze Order"); affirmed Memorandum Opinion and Order,DA 95-I 669, 11 FCC Red 1452 (I 995)( W Freeze Memorandum Opinion and
• http://www.fcc.gov/transaction/nextel-pacific/appli_att1.pdf
  • primarily for Special Mobile Radio ("SMR") systems, many authorizing several hundred channels in a station's area of operation. From time to time, an application associated with one of these facilities may be dismissed by the FCC, in whole or in part, typically for technical reasons such as a mistake in calculating the SMR interference protection standards set forth in Sections 90.621(b) of the Commission's Rules. To the best of Applicant's knowledge, however, none of the above-referenced dismissals or revocations was based on a character issue as defined by the FCC's Rules and policies. Therefore, the FCC should find the Applicant has the requisite basic qualifications to be awarded the grant of the instant application.