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Somerset County Waiver to Use Part 22 and UHF TV Channels

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Released: April 4, 2013

Federal Communications Commission

DA 13-613

Before the

Federal Communications Commission

WASHINGTON, D.C. 20554

In the Matter of
)
)
SOMERSET COUNTY, NEW JERSEY
)
File Nos. 0004598355, 0004598366,
)
0004598374, 0004598382, 0004983388,
Request for Waiver of Sections 20.9(a)(6), 22.651, )
0004993152, 0004994418, 0004994929
90.303, 90.305(a), 90.307(d) and 90.311 of the
)
Commission’s Rules
)

ORDER

Adopted: April 4, 2013

Released: April 4, 2013

By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau:

I.

INTRODUCTION

1.
Somerset County, New Jersey (Somerset or the County) filed four applications for
television spectrum and an associated waiver request,1 and four applications for Part 22 spectrum and an
associated waiver request2 to use certain UHF television channels3 and an unassigned Part 22 channel in
the UHF “T-Band” (470-512 MHz band).4 Somerset proposes to add eight new Part 90 frequency pairs,
six of which are in the television (TV) Channel 19 band (500-506 MHz),5 and one Part 22 frequency,6 to
its existing licenses. Specifically, Somerset seeks waiver relief, pursuant to Section 1.925 of the


1 See File No. 0004983388 (filed December 7, 2011, modification of Station WIK392), File No. 0004993152 (filed
December 15, 2011, modification of Station WIK355), File No. 0004994418 (filed December 16, 2011,
modification of Station WIL900) and File No. 0004994929 (filed December 16, 2011, modification of Station
WPVM588). See also associated attachment Request for Waiver (TV Waiver Request), In Support Of Somerset
County, NJ, Channel 19 TV Sharing Waiver Request (TV Waiver Support). We note that File Nos. 0004983388,
0004993152, 0004994418, and 0004994929 replaced four applications previously associated with the TV Waiver
Request, File Nos. 0004624208, 0004624213, 0004625897, 0004625899 (filed February 22, 2011, amended
November 3, 2011 and November 4, 2011), which have been dismissed at the request of Somerset.
2 See File No. 0004598355 (filed February 1, 2011); File No. 0004598366 (filed February 1, 2011, modification of
Station WPPB311), File No. 0004598374 (filed February 1, 2011, modification of Station WQBL367), and File No.
0004598382 (filed February 1, 2011, modification of Station WQBL360). See also associated attachments Request
for Waiver (Part 22 Waiver Request), In Support Of Somerset County, NJ Part 22 UHF Frequency Waiver Request
(Part 22 Waiver Support).
3 TV Waiver Request at 1.
4 Part 22 Waiver Request at 1.
5 The Part 90 frequencies are 477/480.4500, 477/480.7750, 500/503.3250, 500/503.8000, 500/503.9500,
501/504.6750, 502/505.5250, and 502/505.5500 MHz. See File Nos. 0004983388, 0004993152, 0004994418, and
0004994929. Frequencies 477/480.4500 and 477/480.7750 MHz are within the TV Channel 15 band and thus are
available to the private land mobile radio service in the New York/Northeast New Jersey urbanized area, where
Somerset is located. See 47 C.F.R. §§ 90.303, 90.305(a). The remaining six frequencies are in the TV Channel 19
band and are subject to the TV Waiver Request.
6 The Part 22 frequency is 473.1375 MHz. See also File No. 0004598382.

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Commission’s rules,7 to “modify current licenses to adjust parameters, including new directional antenna
patterns, and add additional frequencies at new or existing sites that are more than 50 miles (80
kilometers) from Philadelphia”8 However, after Somerset filed its applications, a freeze on applications
seeking to change frequencies or expand coverage in the T-Band was placed into effect on April 26,
2012.9 Accordingly, Somerset amended its applications to also seek waiver of the freeze.10 For the
reasons stated below, we grant both Waiver Requests.

II.

BACKGROUND

2.
Somerset is located in North Central New Jersey with a population of about 360,000.11
Currently, Somerset “is licensed to operate [on] TV Channel[s] 14, 15 and 19... under the Call Signs
WIL900 and WPVM588 in the trunked mode and under WIK355 and WIK392 in the conventional
mode.”12 The County’s “radio system serves all public-safety and municipal services, including police,
fire, EMS, emergency management, roads and bridges, water, sewer, and elder transportation” and
“[t]hrough its interoperable capabilities Somerset system participants can communicate on the UHF (450-
512 MHz) band with a myriad of state and local agencies.”13
3.
Somerset asserts that “[t]he purpose of this request is to license additional frequencies at
new or existing sites and to re-license various, existing channels at new sites using directional antenna
patterns, ERP and AGL” and “correcting erroneous site coordinates at some existing sites.”14 Somerset
states that “the modifications to the existing licenses do not alter the ‘footprint’ of coverage beyond that
of the current system and would not otherwise create interference.”15
4.
Somerset argues that Public Safety Pool channels in the UHF band “are not available to
meet the County’s requirements, and the additional channels requested can be used without causing
interference to existing licensees.”16 With respect to the 700 MHz band, the County states that while
some 700 MHz channels are available, these channels “are not compatible with the existing, established
county-wide system.”17 Hence, Somerset asserts that the use of 700 MHz would cause “a far greater


7 See 47 C.F.R. § 1.925.
8 TV Waiver Request at 1. Somerset proposes adding 7 new base stations ranging from 69.806 kilometers to
101.596 kilometers from the Philadelphia, Pennsylvania reference coordinates. Somerset currently operates 12 base
stations ranging from 68.380 kilometers to 97.659 kilometers from the Philadelphia, Pennsylvania reference
coordinates. See File Nos. 0004983388, 0004993152, 0004994418, and 0004994929.
9 Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau Suspend the Acceptance
and Processing of Certain Part 22 and 90 Applications for 470-512 MHz (T-Band) Spectrum, Public Notice, 27 FCC
Rcd 4218 (WTB/PSHSB 2012) (Freeze Notice).
10 See File Nos. 0004598355, 0004598366, 0004598374, 0004598382, 0004983388, 0004993152, 0004994418, and
0004994929, attachment entitled, Request for Waiver (filed May 02, 2012) (Freeze Waiver Request).
11 TV Waiver Support at 1.
12 Id. See FCC File Nos. 0004994929, 0004994418, 0004983388 and 0004993152: Frequency Tab.
13 TV Waiver Support at 1.
14 Part 22 Waiver Support at 2.
15 TV Waiver Request at 2.
16 Id. at 1.
17 Id. at 2. Part 22 Waiver Support at 2.
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expense and hardship than could be reasonably imposed on any governmental entity and its local funding
base.”18 Somerset also states that it has explored the possibility of adding public safety pool channels in
the 450-512 MHz band, but concludes that “no channels [are] available.”19
5.
In support of its four applications for television spectrum, Somerset obtained
concurrences from Stations WPPZ550, MIC Talk, Inc.; WPMU674 and WIM582, Northampton County,
PA; WIL678, Monmouth County; WQBH754, KEF776 and WPYP906, Southeastern Pennsylvania
Transportation Authority; and WQMG213, Home Box Office.20 Somerset also entered into a
Memorandum of Understanding with Mountain Broadcasting Corporation, the licensee of television
Station WMBC.21 The Association of Public-Safety Communications Officials International, Inc.,
(APCO) an FCC-certified frequency advisor, coordinated Somerset’s Part 90 applications.22 The County
also submitted a TSB 8823 Interference Study and RS660224 Co-channel and Adjacent Channel Studies
and RS6602 System Footprint Study.25
6.
On September 6, 2012, the Public Safety and Homeland Security Bureau issued a public
notice26 seeking comment on the applications and Waiver Requests. The Enterprise Wireless Alliance
filed comments in support of the County’s requests.27


18 Part 22 Waiver Support at 2.
19 Id. at 2-3. TV Waiver Support at 3.
20 See File Nos. 0004983388, 0004993152, 0004994418, and 0004994929, attachment, Somerset County, NJ,
Exhibit D, Letters of Concurrence: Letter from Elizabeth R. Sachs, Lukas, Nace, Gutierrez and Sachs, LLP to Mr.
Thomas H. Shuler, Blue Wing Services (April 14, 2010); Letter from Todd K. Weaver, ENP, Deputy Director of
Systems, County of Northampton, Department of Administration, to Somerset County NJ, Department of
Emergency Management (Sept. 7, 2010); Letter from Shaun Golden, Acting Sheriff, Monmouth County Sheriff’s
Office to County of Somerset, NJ Office of Emergency Management (Sept. 1, 2010); Letter from Michael
Monastero, Chief Operating Officer, Communications & Signals, Southeastern Pennsylvania Transportation
Authority to Mr. Roy Gunzelman, Somerset County, Office of Emergency Management (August 23, 2010); Letter
from Rebekah Calabrese, Vice President, Business Initiatives, Home Box Office to Mr. William Stahl, Acting
Director, Somerset County Emergency Operations Center (Oct. 25, 2010).
21 See File Nos. 0004983388, 0004993152, 0004994418, and 0004994929, Exhibit D at 11, Memorandum of
Understanding between the County of Somerset, New Jersey and Mountain Broadcasting Corporation (November
18, 2010) (Memorandum of Understanding).
22 See File Nos. 0004983388, 0004993152, 0004994418, and 0004994929.
23 Telecommunications Industries Association, TIA Bulletin TSB-88.1-C, Wireless Communications Systems
Performance in Noise-Limited Situations, Part 1: Recommended methods for Technology-Independent
Performance Modeling.
24 Development of VHF and UHF Propagation Curves for TV and FM Broadcasting, J. Damelin, et al., Federal
Communications Commission (1974).
25 Id. See associated attachment entitled: Somerset County, NJ Exhibit C TSB88 Interference Study (Technical
Analysis Exhibit C). Somerset County, NJ Exhibit B RS6602 Co-Channel and Adjacent Channel Studies and
RS6602 System Footprint Study Results Includes Upgraded System Antenna Details and List of Sites To Be
Decommissioned.
26 See Public Safety and Homeland Security Bureau Seeks Comment on Request for Waiver Filed By Somerset
County, New Jersey to Upgrade its Public Safety Communications System by Modifying its Sites and Adding
Frequencies in the Television Channel 19 (500-506 MHz) Band and a Part 22 Frequency, Public Notice, 27 FCC
Rcd 10907 (PSHSB 2012).
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III.

DISCUSSION

7.
To obtain a waiver of the Commission’s rules, a petitioner must demonstrate either that:
(i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the
present case, and that a grant of the waiver would be in the public interest;28 or (ii) in view of unique or
unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly
burdensome, or contrary to the public interest, or the applicant has no reasonable alternative.29 An
applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and
circumstances that warrant a waiver.30 Based on the information before us, we conclude that a grant of
the Waiver Requests is warranted.
8.
T-Band Freeze. As a threshold matter, we note that on April 26, 2012, the Wireless
Telecommunications Bureau and the Public Safety and Homeland Security Bureau (Bureaus) issued a
public notice announcing a limited suspension of the acceptance and processing of certain applications for
Part 22 and Part 90 services operating in the T-Band that could alter the spectrum landscape.31 The
purpose of this freeze is to stabilize the spectral environment while the Commission considers issues
surrounding future use of the T-Band and implementation of the Public Safety Spectrum Act.32 The
Bureaus “conclude[d] that prudent spectrum management dictates that we should stabilize the existing
spectrum landscape by suspending the acceptance and processing of T-Band licensing applications that
could alter the spectrum landscape and thereby make implementing the Act more difficult or costly.”33
Specifically, the Bureaus will not accept or process applications for applications that seek to modify
existing licenses by, inter alia, adding frequencies, which affects Somerset’s applications.34 The Freeze
(Continued from previous page)


27 File Nos. 0004598355, 0004598366, 0004598374, 0004598382, 0004983388, 0004993152, 0004994418, and
0004994929: Comments of the Enterprise Wireless Alliance, filed September 20, 2012.
28 47 C.F.R. § 1.925(b)(3)(i).
29 47 C.F.R. § 1.925(b)(3)(ii).
30 WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio), aff’d, 459 F.2d 1203 (1973), cert.
denied,
409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir.
1968)); Birach Broad. Corp., Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 (2003).
31 See Freeze Notice, supra note 9.
32 See id. at 1; Pub. L. No. 112-96, 126 Stat. 156 (2012) (Public Safety Spectrum Act). Section 6103 of the
Spectrum Act provides that, not later than nine years after the date of enactment, the Commission shall “reallocate
the spectrum in the 470-512 MHz band … currently used by public safety eligibles ….” Id., § 6103(a). The Act
instructs the Commission to “begin a system of competitive bidding under Section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)) to grant new initial licenses for the use of the spectrum.” Id. It also provides that
“relocation of public safety entities from the T-Band Spectrum” shall be completed not later than two years after
completion of the system of competitive bidding.” Id., § 6103(b), (c). On February 11, 2013, the Wireless
Telecommunications Bureau and Public Safety and Homeland Security Bureau sought comment on implementation
of these provisions. See Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau
Seek Comment On Options for 470-512 MHz (T-Band) Spectrum, Public Notice, DA 13-187 (WTB, PSHSB rel.
Feb. 11, 2013).
33 See Freeze Notice, supra note 9.
34 Id. at 2.
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Notice provides that applicants may have recourse to the waiver provisions in Section 1.925 to request an
exception to the filing and processing freeze.35
9.
On May 02, 2012, Somerset filed a request for waiver of the Freeze Notice.36 Somerset
states that while its “applications include a request for additional T-Band channels, grant of the
applications would also lead to a reduction in the coverage contours of the County’s current system, and a
net reduction in the number of sites operating in the T-Band.”37 Somerset states that its “system requires
a number of upgrades to improve capacity, efficiency and reliability.”38 Somerset asserts that “[i]n some
cases, new 12.5 kHz offset channels are requested to avoid co-channel interference with another licensee,
the Southeastern Pennsylvania Transportation Authority (SEPTA), which has completed the
narrowbanding of its radio system.”39
10.
Furthermore, Somerset states that “[a]dditional capacity is also needed to alleviate regular
system overloads and to accommodate the many local public safety agencies that have moved, or intend
to move, to the County’s multi-agency, interoperable radio system.”40 Somerset reiterates that it has no
reasonable alternative and argues that “[t]here are no other 450-512 MHz Public Safety Pool channels
available, and frequencies from other bands would be incompatible with the County’s existing
infrastructure and mobile/portable radios.”41 Somerset concludes that “the applications do not expand the
coverage area” and “the net result of the pending applications is a reduction, rather than an expansion, of
the County’s service area.”42
11.
Based on the record, we find that Somerset satisfies the Commission’s general waiver
standard. We find that grant of the applications would not frustrate the purpose of the Freeze Notice and
is in the public interest. Somerset’s modifications “do not expand the coverage area of the current
licensed radio system” but rather “would actually lead to a net reduction in the number of T-Band sites”
because even though “two new sites would be added (Bernardsville Tank and Mountain Top), four sites
will be deleted (Mt. Horeb, Warrenville Road, Hillsborough, and Pottersville).”43 Somerset states that
“[t]he unusual circumstances of the case involve the addition of channels without any net increase in sites
or expanded coverage contours” and that the “[a]pplication of the freeze to Somerset’s applications would
also be unduly burdensome.”44 Furthermore, Somerset states that “a waiver is warranted as the


35 See id.
36 See Freeze Waiver Request.
37 Id. at 1.
38 Id.
39 Id. at 1-2.
40 Id. at 2.
41 Id.
42 Id. at 3.
43 Id. (emphasis in original); cf Town of Sandwich, Massachusetts Request for Waiver of Section 90.305(a) of the
Commission’s Rules, Order, 21 FCC 9173 (2012) (denying a waiver request that would expand the T-Band
interference contour); County of Bedford, Pennsylvania, Request for Waiver of Sections 2.106, 90.303, 90.305(a)
and 90.311 of the Commission’s Rules, Order¸ 21 FCC 9178 (2012) (denying a waiver request for new T-Band
licenses).
44 See Freeze Waiver Request at 3.
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applications would not ‘destabilize the spectral environment’ or ‘make implementing the Act more
difficult or costly.’”45 Somerset’s commitment to delete four sites would also decrease the degree to
which the T-Band currently is licensed, which is consistent with the intent of the Freeze Notice.46 In
reaching this decision, we also consider Somerset’s assertion, as supported by its APCO-certified
frequency coordination that “the County has no reasonable alternative to the requested channels as there
are no other compatible public safety frequencies available for its use.”47
12.
Sections 90.303, 90.305(a). The TV Channel 19 band is available for private land mobile
radio service (PLMRS) entities, including public safety entities, in the Philadelphia, Pennsylvania
urbanized area.48 Because the proposed frequencies are not available for use by PLMRS entities in the
Northern New Jersey area, where Somerset is located, the County seeks a waiver of Section 90.305(a).49
This rule provides that base station transmitter sites must be located within 80 kilometers (50 miles) from
the geographic center of an urbanized area listed in Section 90.303.50 Frequencies in the 500-512 MHz
band (TV Channels 19 and 20) are available for assignment to PLMR users with base stations within 50
miles of the City of Philadelphia, Pennsylvania center coordinates.51 Somerset states that “[t]he
underlying purpose of the relevant Part 90 rules is to prevent land mobile radio interference to television
broadcasting.”52 Somerset asserts that “[i]n order to license certain frequencies at Green Brook, Verizon,
Mountain Top and Bernards Township Water Tank sites it is necessary for the Commission to extend its
waiver of §90.305 in regard to use of Channel 19 frequencies outside the 50 mile limit imposed by the
Rules.”53
13.
The Commission established these mileage restrictions to prevent PLMR systems
operating in the 470-512 MHz band from interfering with over-the-air reception of television stations
operating on TV Channels 14-21.54 Somerset, which proposes to operate on television channel 19,
entered into a Memorandum of Understanding with Mountain Broadcasting Corporation, the licensee of
Station WMBC, Channel 1855 regarding potential adjacent channel interference to the reception of
WMBC. Moreover, the northern New Jersey area is well-populated with PLMR stations which operate
on frequencies within television channel 19 and, as Somerset points out, “other Somerset sites in this area


45 Id.
46 See Freeze Waiver Request at 2. The Freeze Notice states that the Bureaus would not process “any other
application that could increase the degree to which the 470-512 MHz band currently is licensed.” Freeze Notice at
2.
47 Freeze Waiver Request at 4.
48 See 47 C.F.R. §§ 90.303, 90.305(a).
49 See TV Waiver Request at 1.
50 See 47 C.F.R. §§ 90.303, 90.305(a).
51 See 47 C.F.R. § 90.303.
52 TV Waiver Request at 2.
53 Id. at 3.
54 See Further Sharing of the UHF Television Band by Private Land Mobile Radio Services, Notice of Proposed
Rulemaking
, Gen. Docket No. 85-172, 101 F.C.C. 2d 852 (1985).
55 See Memorandum of Understanding. Station WMBC operates on TV Channel 18 adjacent to Somerset’s
proposed TV Channel 19.
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have previously been waivered [sic],”56 apparently without interference to reception of WMBC. Thus we
conclude that the underlying purposes of Sections 90.303 and 90.305 would not be served by application
to the present case and that grant of the waiver would be in the public interest.57
14.
Section 90.307(d). Somerset seeks waiver of Section 90.307(d) of the Commission’s
rules58 which requires that land mobile stations operating on frequencies allocated to the broadcast
television service be located at least 145 km from adjacent channel television stations. The waiver is
required because Somerset’s seven proposed base stations would range from 33.910 kilometers to 60.561
kilometers from adjacent channel television Station WMBC.59 The proposed stations, however, do not
differ appreciably in this regard from Somerset’s existing twelve stations that range from 32.329
kilometers to 62.454 kilometers from WMBC.60 As noted above, Somerset entered into a Memorandum
of Understanding with the WMBC licensee, Mountain Broadcasting Corporation in which the television
licensee consents to Somerset’s proposed operations.61 Accordingly, because of the de minimis
differences in the locations of Somerset’s existing and proposed stations relative to WMBC and because
of the Memorandum of Understanding with WMBC, we conclude that the underlying purpose of Section
90.307(d) would not be served by application to the present case and that grant of the waiver would be in
the public interest.62
15.
Section 90.311. Section 90.311(a)(2) provides that once a channel in the 470-512 MHz
band is assigned in a given urbanized area,63 subsequent authorizations to use the channel within the same
urbanized area will be granted only to users of the same category.64 For example, if a frequency is first
licensed to a Business/Industrial licensee, only Business/Industrial applicants will be eligible for the
channel in the same urbanized area. Somerset seeks a waiver of Section 90.311(a)(2) because frequency
pair 477/480.7750 MHz is “licensed to two business entities, WQOF281, [Laing] Electronics in Nassau
County, NY and WPXS787, Repeater Network, LLC, Pomona, NY.”65 Somerset states that these licenses
“are separated from the closest proposed Somerset site by 98 and 79 km respectively,”66 that “the


56 TV Waiver Support at 3.
57 See infra para. 20.
58 47 C.F.R. § 90.307(d). We note that Somerset also includes 47 C.F.R. § 90.309, which requires a minimum
separation distance of 193 kilometers (120 miles) between a land mobile base station and a co-channel TV station, in
the list of rules to be waived. See TV Waiver Request at 1. A waiver of this rule is moot because there are no
Channel 19 television stations within 193 kilometers of the proposed sites.
59 See File Nos. 0004983388, 0004993152, 0004994418, and 0004994929.
60 Id.
61 See supra note 20.
62 See infra para. 20.
63 Urbanized areas are listed and defined in 47 C.F.R. §§ 90.303, 90.305.
64 47 C.F.R. § 90.311(a)(2).
65 See File Nos. 0004983388 and 0004993152, attached Request for Waiver, 477/480.7750 MHz (filed November
17, 2011) (477/480.775 MHz Waiver Request) at 1.
66 Id.
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separation between those users and the proposed Somerset sites also exceeds the 64 km normally applied
as minimum separation between co-channel users.”67
16.
We note that the frequency coordination performed by APCO indicates that Somerset
“has no reasonable alternative to the requested channels as there are no other compatible public safety
frequencies available for its use.”68 In addition, the T-Band freeze prevents other Business/Industrial
entities in the New York/New Jersey area from applying for the proposed frequency. As a result, granting
the waiver will not affect prospective users of the same frequency.69 Accordingly, we conclude that the
underlying purpose of Section 90.311(a)(2) would not be served by application to the present case and
that grant of the waiver would be in the public interest.70
17.
Somerset also requests a waiver of Section 90.311(a)(2) of the Commission’s rules71 for
frequency pair 477 /480.4500 MHz.72 Somerset states that “[b]ased on a channel use survey of licensees
within 75 miles (120 km) of Somerset, NJ, no licensees in this [Business/Industrial] service were
found.”73 The only existing licensees on this frequency pair in the New York urbanized area are public
safety licensees “Amityville, NY (WQIN239) and Garrison Volunteer Fire Company, Garrison, NY
(WQMN942).”74 Because these licensees are in the same public safety category as Somerset, no waiver
of Section 90.311(a)(2) is required and Somerset’s request for waiver with respect to this frequency pair
is, therefore, moot.
18.
Section 22.651. Section 22.651 of the Commission’s rules75 reserves certain
frequencies—including Somerset’s requested frequency 473.1375 MHz—“for assignment to transmitters
providing trunked public mobile service” in certain urbanized areas. The County states that “[t]he
underlying purpose of the relevant Part 22 rules would not be served as the Part 22 … channels are vacant
and unassigned, or in the case of the requested modifications, already being used by the County pursuant
to prior waivers” and that “many of the UHF paging control channels76 in this region have already been
assigned for public safety use pursuant to waivers.”77 Potential use of frequency 473.1375 MHz by Part
22 entities in the New York metropolitan area would be severely constrained by co-channel public safety


67 Id.
68 See supra note 45.
69 See supra note 9.
70 See infra para. 20.
71 47 C.F.R. § 90.311(a)(2).
72 See File Nos. 0004983388 and 0004993152, attached Request for Waiver, 477/480.4500 MHz (filed November 3,
2011) at 1.
73 Id.
74 Id.
75 47 C.F.R. § 22.651.
76 It is our understanding that Somerset’s reference to “UHF paging control channels” refers collectively to channels
available under both 47 C.F.R. § 22.651 and 47 C.F.R. § 22.621. Indeed, in the New York metropolitan area, many
channels from both rule sections are assigned to public safety agencies. See, e.g., Seven Public Safety Agencies in
the New York Metropolitan Area, Order, 19 FCC Rcd 15355 (WTB PSCID 2004) (Seven Public Safety Agencies
Order)
.
77 Part 22 Waiver Request at 2.
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licensee Syosset, New York Fire District, call sign WPYJ816. Accordingly, waiving Section 22.651 to
permit use of 473.1375 MHz by Somerset would not reduce available Part 22 spectrum in the
metropolitan area. The County and its engineering consultant state that they “have demonstrated that the
proposed use would not cause interference to any existing licensees.”78 We have previously waived
Section 22.651 to permit Somerset to use Part 22 channels,79 and find that waiver is warranted here,
particularly because the requested frequency is vacant and because its use for public trunked mobile
service in the New York metropolitan area is so constrained by the presence of a co-channel licensee in
Syosset, New York. We therefore conclude that the underlying purpose of Section 22.651 would not be
served by application to the present case and that grant of the waiver would be in the public interest.80
19.
Section 20.9(a)(6). Section 20.9(a)(6) of the Commission’s rules81 presumes that
frequency 473.1375 MHz will be reserved for common carriage services and regulated as a commercial
mobile radio service. As discussed above, potential use of frequency 473.1375 MHz by such Part 22
entities in the New York metropolitan area would be severely constrained by co-channel public safety
licensee Syosset, New York Fire District, call sign WPYJ816, and thus this frequency is unlikely to be
assigned in this area for the reserved services specified by this rule. We therefore find that the underlying
purpose of Section 20.9(a)(6) would not be served by application to the present case and that grant of the
waiver would be in the public interest.82 Accordingly, we waive the provisions of Section 20.9(a)(6) that
would regulate Somerset’s use of frequency 473.1375 MHz as a commercial mobile radio service.
20.
Public Interest. We find, overall, that the public interest will be served by grant of the
waiver requests and the associated applications. We are persuaded by Somerset’s demonstration that its
“proposed operations will not cause interference.”83 We concur that instead it would “improve spectrum
efficiency and, moreover, serve the public interest by allowing for essential improvements to the County’s
radio system, thus promoting the safety of life, health and property.”84 Therefore, we find it in the public
interest to permit Somerset to use eight Part 90 T-Band frequency pairs and an unassigned Part 22 T-Band
frequency to improve its communications reliability in the short term until the Commission makes a
further determination about the implementation of the T-Band provisions of the Public Safety Spectrum
Act.

IV.

ORDERING CLAUSES

21.
Accordingly, IT IS ORDERED pursuant to Sections 4(i) of the Communications Act of
1934, as amended, 47 U.S.C. § 154(i), and Section 1.925(b)(3)(i) of the Commission’s rules, 47 C.F.R. §
1.925(b)(3)(i), that the Waiver Requests associated with application File Nos. 0004598355, 0004598366,
0004598374, 0004598382, 0004983388, 0004993152, 0004994418, 0004994929, filed by the County of
Somerset on December 07, 2011, as amended, IS GRANTED.


78 Id.
79 See Seven Public Safety Agencies Order.
80 See infra para. 20.
81 47 C.F.R. § 20.9(a)(6).
82 See infra para. 20.
83 The County states that “its engineering consultants have demonstrated that the proposed use would not cause
interference to any existing licensees.” TV Waiver Request at 2.
84 TV Waiver Request at 2.
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22.
IT IS FURTHER ORDERED that application File Nos. 0004598355, 0004598366,
0004598374, 0004598382, 0004983388, 0004993152, 0004994418, 0004994929 SHALL BE
PROCESSED consistent with this Order and the Commission’s rules.
23.
We take this action under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission’s rules, 47 C.F.R. §§ 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
Thomas J. Beers
Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau
10

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