Commission Document

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500
445 12th St., S.W.
Fax-On-Demand 202 / 418-2830

Washington, D.C. 20554

TTY 202 / 418-2555
Internet: http://www.fcc.gov
ftp.fcc.gov

DA 12-176

Released: February 10, 2012

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON AVISTA

CORPORATION REQUEST FOR WAIVER OF THE JANUARY 1, 2013 VHF-UHF

NARROWBANDING DEADLINE

WT Docket 99-87

Comment Date: March 2, 2012
Reply Comment Date: March 12, 2012

By this Public Notice, comment is sought on the request, filed on December 13, 2011 and
supplemented on February 2, 2012,1 of Avista Corporation (Avista) for a temporary waiver of the
Commission’s January 1, 2013 VHF-UHF narrowbanding deadline, which requires private land mobile
radio (PLMR) licensees in the 150-174 MHz and 450-512 MHz bands to operate using channel
bandwidth of no more than 12.5 kHz or equivalent efficiency by January 1, 2013.2 Avista seeks a 21-
month extension of the deadline, until September 30, 2014, for PLMR Stations KA3396, KFM796,
KGO651, KNIC261, KOA401, KOA544, KOB227, KOB519, KOE262, KOE290, KOE390, KOE464,
KOF407, KOG402, KOG592, KOH901, KOI282, KOK432, KOK940, WNFU403, WNSU658,
WPAZ378, WPEQ287, WPMJ881, WQF840, and WQFT245.
Avista provides electric and natural gas service to more than 485,000 customers in a service
territory of more than 30,000 square miles in parts of Washington, Idaho, Montana, and Oregon. In June
2009, Avista acquired four Automated Maritime Telecommunications System (AMTS) geographic
licenses, which it intended to use to replace its wideband PLMR system in advance of the narrowbanding
deadline. While geographic licensees generally are authorized to place stations anywhere within their
licensed service areas, the Commission requires individual licensing of AMTS stations in proximity to
certain television stations.3 In December 2009, Avista filed modification applications seeking separate
authorization for particular locations. Petitions to deny the applications were filed.
In December 2011, Avista requested an extension of the narrowbanding deadline on the grounds
that the continued pendency of its modification applications prevented it from initiating construction of its


1 See Request for Extension of Narrowbanding Deadline (filed Dec. 13, 2011); Supplement to and Modified Request
for Extension of Narrowbanding Deadline (filed Feb. 2, 2012).
2 See 47 C.F.R. § 90.209(b)(5); see also 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, Third
Memorandum Opinion and Order and Third Further Notice of Proposed Rule Making and Order, WT Docket No.
99-87, RM-9332, 19 FCC Rcd 25045 (2004).
3 See 47 C.F.R. §§ 80.215(h), 80.385(b), 80.475(a).

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AMTS system. It requested a 24-month extension, until December 31, 2014, to ensure that the company
would either have time to construct its AMTS network or comply with the Commission’s narrowbanding
requirement on a deferred basis. It stated that, due to climate and geography in the Pacific Northwest,
Avista can safely and reasonably deploy base station equipment only from late spring to early fall, and
that construction of its AMTS network was expected to take all or part of three deployment seasons.
After the modification applications were granted in January 2012,4 Avista amended its waiver request to
seek a 21-month extension of the narrowbanding deadline, until September 30, 2014, and to offer to
provide periodic system implementation reports. Upon construction and implementation of its AMTS
network, Avista will relinquish the above-listed PLMR licenses.
We seek comments evaluating the waiver request in light of the July 13, 2011 Public Notice
providing guidance on the submission of requests for waiver of the narrowband deadline.5 In particular,
we seek comment from parties whose operations could be impacted by grant of the waiver.

Procedural Matters

Comments are due no later than March 2, 2012. Reply comments are due no later than March
12, 2012. All filings should reference the docket number of this proceeding, WT 99-87.
This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with
the Commission's ex parte rules.6 Persons making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral
ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which the ex parte presentation was made,
and (2) summarize all data presented and arguments made during the presentation. If the presentation
consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s
written comments, memoranda or other filings in the proceeding, the presenter may provide citations to
such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant
page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them
in the memorandum. Documents shown or given to Commission staff during ex parte meetings are
deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In
proceedings governed by rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in
this proceeding should familiarize themselves with the Commission’s ex parte rules.
The waiver request can be accessed electronically via the Commission’s Universal Licensing
System, http://wireless.fcc.gov/uls, under the call signs listed above. The request, and comments and
reply comments filed in response to this Public Notice, will be available for public inspection and copying
in the Commission's Reference Center, Room CY-A257, 445 12th Street, S.W., Washington, D.C. 20554,
and via the Commission's Electronic Comment Filing System (ECFS) by entering the docket number, WT
99-87. Copies of the request are also available from Best Copy and Printing, Inc., telephone (800) 378-
3160, facsimile (301) 816-0169, e-mail FCC@BCPIWEB.com.
Comments may be filed using the ECFS or by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS
can be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. Generally, only one


4 See Avista Corp., Order, DA 12-45 (WTB MD rel. Jan. 13, 2012).
5 See Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of
Engineering and Technology Provide Reminders of the January 1, 2013 Deadline for Transition to Narrowband
Operations in the 150-174 MHz and 421-512 MHz Bands and Guidance for Submission of Requests for Waiver and
Other Matters, Public Notice, 26 FCC Rcd 9647 (WTB/PSHSB/OET 2011).
6 See 47 C.F.R. §§ 1.1200(a), 1.1206.
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copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the
caption of this proceeding, however, commenters must transmit one electronic copy of the comments to
each docket or rulemaking number referenced in the caption. In completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing address, and the applicable
docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get
filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov , and should
include the following words in the body of the message, “get form.” A sample form and directions will be
sent in reply.
Parties who choose to file by paper must file an original and one copy of each filing. If more than
one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the
Secretary, Federal Communications Commission, as follows:
-All hand-delivered paper filings for the Commission’s Secretary must be delivered to FCC
Headquarters at 445 12th St., S.W., Room TW-A325, Washington, DC 20554. All hand deliveries must
be held together with rubber bands or fasteners. Envelopes must be disposed of before entering the
building. The filing hours at this location are 8:00 a.m. to 7:00 p.m.

PLEASE NOTE:

This is the

ONLY

location where hand-delivered or messenger-delivered paper filings for the Commission’s
Secretary will be accepted. The Commission’s former filing location at 236 Massachusetts Ave., N.E., is
permanently closed.
-Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must
be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
-U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445
12th Street, S.W., Washington, DC 20554.
-All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
Parties are requested to send one copy of their comments and reply comments to Best Copy and
Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (800) 378-
3160, e-mail FCC@BCPIWEB.com.
Alternate formats of this Public Notice (computer diskette, large print, audio recording, and
Braille) are available to persons with disabilities by contacting the Consumer & Governmental Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an e-mail to fcc504@fcc.gov.
For further information, contact Mr. Melvin Spann of the Mobility Division, Wireless
Telecommunications Bureau at (202) 418-1333, or via e-mail at Melvin.Spann@fcc.gov.
Action by the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau.
- FCC -
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