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Before the
               Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of

ILLINOIS COOPERATIVE ASSOCIATION,
INC. d/b/a Clear Talk

Request for Waiver of 47 C.F.R.  90.603(b)
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                             ORDER

   Adopted:  January 16, 2001           Released:  January 18, 2001

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:

                      I.introduction
1.In this Order, we consider a request for waiver of Sections 90.179 and/or 90.603(b) of the
Commission's Rules submitted by Illinois Cooperative Association, Inc. d/b/a Clear Talk (IL Coop) on
January 21, 2000.  IL Coop seeks authorization to share its communications system, which uses Business,
Industrial/Land Transportation (I/LT) and Specialized Mobile Radio (SMR) frequencies, with entities
that are not eligible for certain of the frequencies utilized in IL Coop's system.  For the reasons stated
below, we grant IL Coop's waiver request in part and deny in part.  Specifically, we grant the request to
permit Public Safety eligibles to share Business and I/LT channels, but deny the request to permit other
           non-I/LT eligibles to share I/LT channels.
                       II.background
3.The 800 MHz band is divided into five service categories   Business, General Category, I/LT,
Public Safety and SMR   with each category having specific eligibility criteria.  As a general matter,
entities are licensed on frequencies in the category or categories for which they meet the eligibility
criteria.  Section 90.603 of the Commission's Rules establishes the framework by which an entity may
provide communications services to other parties on a not-for-profit, cost-shared basis. Section 90.179
of the Commission's Rules provides that licensees of radio stations may share the use of their facilities
under certain conditions.  The rules in effect when IL Coop filed its waiver request limited shared use of
radio stations to persons who would be eligible for authorization for the subject frequencies.
4.IL Coop was formed by four electric cooperatives serving nineteen counties in rural Illinois.  It
is currently licensed to use one hundred twenty-one 800 MHz band channels at thirty-eight sites.  The
four electric cooperatives use this combined communications system for dispatching crews, meter
reading and communicating with one another during emergency situations.  Integration of their separate,
outmoded systems into a single, state-of-the-art network resulted in excess capacity.  Currently, IL Coop
shares its excess capacity with Public Safety, I/LT and Business eligibles on a non-profit, cost-shared
   basis, pursuant to a grant of special temporary authority.
5.IL Coop seeks a rule waiver to enable it to share its Business and I/LT channels with Public
Safety eligibles, and its I/LT channels with non-I/LT Business eligibles.  It argues that a waiver is
warranted because of the rural nature of the area, and the small size of businesses and public safety
entities that it serves.  Specifically, it notes that the sparse population of the region means that work
often requires traveling substantial distances, and that communications options are limited.  In addition,
IL Coop contends that small entities, particularly small government entities, cannot afford to construct
their own modern communications networks.  The waivers sought by IL Coop would enable it to use
spectrum interchangeably among its users without regard to the end user's eligibility.  IL Coop states that
it needs this flexibility in order to provide all of its users access to the entire system because some sites
            utilize only Business or I/LT channels.
                       VI.discussion
7.Section 1.925 of the Commission's Rules permits a rule waiver if the underlying purpose of the
rule(s) would not be served or would be frustrated by application to the instant case, and grant of the
requested waiver would be in the public interest. Alternatively, an applicant's request for waiver may
also be granted if, in view of unique or unusual factual circumstances, application of the rule(s) would be
inequitable, unduly burdensome or contrary to public interest, or the applicant has no reasonable
alternative.  We conclude that IL Coop has demonstrated that it is a not-for-profit entity.  We also find
that IL Coop has shown that a waiver of Section 90.179 is warranted to permit it to share its I/LT and
Business frequencies with Public Safety eligibles.  However, we are not persuaded that non-I/LT
Business eligibles should be allowed to use I/LT frequencies.  Our basis for these determinations is set
                         forth below.  
8.Public Safety Eligibles Sharing Business and I/LT Frequencies.  On July 12, 2000, the
Commission decided to expand shared use by allowing I/LT licensees to share use of their frequencies
with Public Safety entities and Federal Government entities.  This rule change took effect on November
13, 2000.  Therefore, IL Coop is now permitted to share its Business and I/LT frequencies with Public
                       Safety entities.  
9.Non-I/LT Business Eligibles Sharing I/LT Frequencies.  With respect to its proposal to share its
I/LT frequencies with Business eligibles, however, we find that IL Coop has failed to justify a waiver.  In
its waiver request, IL Coop proffers a considerable factual and legal basis for permitting Public Safety
entities to share its system.  However, IL Coop does not provide the same rulemaking and case law
support to substantiate its claim that Business eligibles face unique circumstances that justify a waiver. 
Indeed, IL Coop acknowledges that we have denied previous requests to permit non-I/LT eligibles to
share I/LT frequencies.  Moreover, we find unpersuasive the only factual basis IL Coop suggests for
permitting such sharing:  that Business eligibles in rural Illinois share a similar need   one for low-cost,
high quality dispatch service - with Public Safety entities.  First, although IL Coop states that Business
frequencies are difficult to obtain in rural Illinois, none of the parties IL Coop proposes to serve have
substantiated IL Coop's claim.  Further, unlike Public Safety entities, the record does not reflect a unique
circumstance whereby the Business eligibles IL Coop seeks to serve, such as farmers, plumbers,
electricians and light construction companies, would need interoperability with other users. 
Additionally, IL Coop does not claim that cooperative sharing or multiple licensing is unavailable as
an alternative for the Business eligibles.  In addition, we note that other services are available for these
entities to satisfy their internal communications needs, including the Multi-Use Radio Service, General
Mobile Radio Service, Family Radio Service, and Citizens Band Radio Service.  That some of these
alternatives may require some additional expense on the part of these private business entities alone is
           not sufficient grounds for a rule waiver.
                       X.conclusion
11.This Order grants in part the request of IL Coop for a waiver of Sections 90.179 and/or
90.603 of the Commission's Rules.  Specifically, we grant IL Coop's request for waiver to permit it to
share its I/LT and Business frequencies with Public Safety eligibles on a not-for-profit, cost-shared basis.
However, we do not permit IL Coop to share its I/LT frequencies with Business eligibles or non-Federal
government entities that are not Public Safety eligibles.  The action taken herein serves the public interest
in that it will encourage more efficient use of spectrum and provide improved opportunities for
interoperable communications by the public safety and public service community.
                   XII.ordering clauses
13.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, 90.179 and 90.603(b) of the Commission's Rules, 47
C.F.R.  1.925, 90.179, 90.603(b), the Waiver Request filed by Illinois Cooperative Association on
January 21, 2000 is GRANTED IN PART and DENIED IN PART, as set forth above.
                                14.This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
         Commission's Rules, 47 C.F.R.  0.131, 0.331.
                              FEDERAL COMMUNICATIONS COMMISSION
                              
                              
                              
                              D'wana R. Terry
                              Chief, Public Safety and Private Wireless Division
                              Wireless Telecommunications Bureau