Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Tennessee Homeland Security District 7

Download Options

Released: July 18, 2012

Federal Communications Commission

DA 12-1151

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
TENNESSEE HOMELAND SECURITY
)
File Nos. 0003818256, 0003818261
DISTRICT 7
)
)
Request for Waiver of Sections 20.9(a)(6) and
)
22.561 of the Commission’s Rules
)

ORDER

Adopted: July 17, 2012

Released: July 18, 2012

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

I.

INTRODUCTION

1.
The Tennessee Homeland Security District 7, (the District) filed two applications and an
associated waiver request1 for authority to use, for public safety communications purposes, eighteen Part
22 Paging and Radiotelephone Service channel pairs at multiple location sites in Basic Economic Area
(BEA) Nos. 71, 72 and 73.2 The District seeks waiver of Sections 20.9(a)(6) and 22.5613 to use these
frequencies pursuant to Section 337(c) of the Communications Act of 1934, as amended (the Act),4 or in
the alternative, Section 1.925 of the Communication’s rules.5 As further detailed below, we find that the
District does not satisfy the waiver criteria pursuant to either Section 337 of the Act or Section 1.925
because the Commission has awarded the channel pairs to winning bidders in Auction 87. Accordingly,
we deny the District’s waiver request and dismiss the applications.

II.

BACKGROUND

2.
The District is located north and west of Nashville, Tennessee, and consists of Cheatham,
Dickson, Houston, Humphreys, Montgomery, Robertson, and Stewart Counties in Tennessee, as well as
Fort Campbell, a military installation that spans the Kentucky/Tennessee border.6 The District was

1 See File Nos. 0003818256 (filed April 24, 2009, amended July 15, 2009, July 29, 2009, August 14, 2009, January
7, 2010, and January 8, 2010) and 0003818261 (filed April 24, 2009, amended July 15, 2009, July 29, 2009, January
8, 2010, and February 8, 2010) and associated attachments “Request for Waiver” (Waiver Request), “APCO AFC,
Inc. Frequency Search Results” (Frequency Search), Letter from Wendy Caruthers, Engineering Coordination
Specialist, Association of Public-Safety Communications Officials-International, Inc. to Federal Communications
Commission (dated April 2, 2009) (APCO Letter), Letters from Ken Hunt, Comserv Services, LLC and Ken Hunt,
KTI, Inc. (dated Feb. 28, 2009) (Concurrence Letters), “Tennessee Homeland Security District 7 LOC’s Requested”
(LOC’s Requested), and “Further Supplement to Request for Waiver” filed July 29, 2009 (Further Supplement).
2 See LOC’s Requested at 1-2. See also Frequency Information attached to File Nos. 0003818256 and 0003818261.
3 47 C.F.R. §§ 20.9(a)(6), and 22.561.
4 47 U.S.C. § 337(c).
5 47 C.F.R. § 1.925; Waiver Request at 1.
6 Waiver Request at 2.

Federal Communications Commission

DA 12-1151

created in 2003 to promote greater interoperability among federal, state and local public safety agencies in
the region. In 2004, the District began construction of a ”Wide Area Trunking Emergency
Communications System” (System), funded by both the U.S. Department of Homeland Security and local
governments in 2004.7 The System design utilizes twenty-two UHF (450-470 MHz) sites in a trunked
configuration, with microwave links connecting each site to wide area network communications.8 The
District states that it has constructed seventeen sites and purchased infrastructure for the remaining five
sites.9
3.
The District contends that there is a shortfall of available public safety channels to meet
the system’s operational requirements.10 Furthermore, the District has submitted a frequency study
indicating that “there are no remaining Public Safety Pool channels available to the District in the UHF
band.”11 The District therefore seeks access to certain unassigned Part 22 paging channels and argues that
“[t]hese channels are vitally needed to make this system robust enough to handle current demands and
future loading requirements.”12 The District obtained concurrence letters from pre-Auction 87, incumbent
licensees Comserv Services, LLC and KTI, Inc.13 However, the proposed frequencies are not allocated
for public safety private land mobile use and accordingly, the District requests a waiver of Sections
20.9(a)(6) and 22.561 of the Commission’s rules.14
4.
On August 12, 2010, while the District’s waiver request was pending, the Wireless
Telecommunications Bureau (WTB) announced the winning bidders for Auction 87.15 Subsequently,
WTB granted licenses for the same Channel Blocks and BEAs sought by the District to the applicable
winning bidders.16

III.

DISCUSSION

5.
Section 337(c) of the Act provides that the Commission “shall waive . . . its regulations
implementing th[e] Act (other than its regulations regarding harmful interference) to the extent necessary
to permit” entities “seeking to provide public safety services” to use unassigned spectrum not allocated to
public safety if the Commission makes five specific findings: (i) no other spectrum allocated to public

7 Id. at 1-2.
8 Id. at 2.
9 Id.
10 Id. at 2-3.
11 Id. See also APCO Letter and Frequency Search.
12 Waiver Request at 3.
13 See Concurrence Letters. Comserv Services, LLC is licensed in BEA 73 on six of the channel pairs sought by the
District. KTI, Inc. is also licensed in BEA 73 on one channel pair sought by the District. See also call signs
WPVQ457 and WPZN568.
14 Id. at 1-3. See also 47 C.F.R. §§ 20.9(a)(6) and 22.561. Section 20.9(a)(6) provides that these frequencies shall
be regulated as a commercial mobile radio service. Section 22.561, which specifies that channels be allocated for
paired assignment to transmitters that provide or support (or support other transmitters that provide) one-way or
two-way public mobile service.
15 See Auction of Lower and Upper Paging Bands Licenses Closes, Winning Bidders Announced for Auction 87,
Public Notice, 25 FCC Rcd 18164 (WTB 2010) (Auction 87 Closing Public Notice).
16 See Appendix A for the list of the licenses.

Federal Communications Commission

DA 12-1151

safety services is immediately available to satisfy the requested public safety service use; (ii) the
requested use is technically feasible without causing harmful interference to other spectrum users entitled
to protection from such interference under the Commission’s regulations; (iii) the use of the unassigned
frequency for the provision of public safety services is consistent with other allocations for the provision
of such services in the geographic area for which the application is made; (iv) the unassigned frequency
was allocated for its present use not less than two years prior to the date on which the application is
granted; and (v) granting such application is consistent with the public interest.17
6.
As a threshold matter, we find that the District’s request for relief fails to satisfy the
requirement pursuant to Section 337(c)(1) that the requested frequencies be “unassigned.”18 The
frequencies the District requested are located in BEAs 71, 72 and 73. The Commission previously
awarded the channels in these BEAs to winning bidders Central Vermont Communications, Inc., Buttner
Holdings, LLC, and KTI, Inc., in Auction 87.19 Based on our analysis, in cases where the District has
concurrence from an incumbent licensee, each base station would cover an area in more than one BEA.
The result is that no base station – channel block combination could be used without having impact on an
auction-winning licensee.20 Because the District’s request fails to seek waiver relief for “unassigned”
spectrum, we decline to grant its request pursuant to Section 337(c) and, accordingly, we need not address
the District’s arguments regarding the five criteria of Section 337(c)(1) of the Act.21
7.
In addition, we find that the District has not met the standard for waiver relief under
Section 1.925. We find that grant of the waiver request would not be in the public interest, because of the
potential for harmful interference the District’s operations would cause to the primary, geographic-area
licensees Central Vermont Communications, Inc., Buttner Holdings, LLC, and KTI, Inc. We therefore
deny the waiver request and dismiss the applications. We appreciate and commend the District’s
commitment to support public safety radio communications in the region. However, the fact remains that
the requested frequencies are no longer available for assignment. While we decline to grant the District’s
request, we note that in addition to seeking other frequencies, another alternative available to the District
would be to seek use of the assigned frequencies through partition or disaggregation.

17 47 U.S.C. § 337(c).
18 U.S.C. § 337(c)(1).
19 See Auction 87 Closing Public Notice, Attachment A.
20 For example, on File No. 000318256, the site-channel combination of Location 2 (Scarborough), frequency pair
454.075 / 459.075 MHz (Channel Block GC) would serve an area covering portions of BEAs 71 and 73. See LOC’s
Requested. For this site-channel combination, the District notes that it has concurrence from Comserv Services,
LLC (Comserv). See id. However, Comserv’s license, call sign WPVQ473, operates on Channel Block GC only in
BEA 73, not in BEA 71. Because the District’s Location 2 would also cover BEA 71, we must also consider that the
license for BEA 71, Channel Block GC was awarded by auction to Central Vermont Communications, Inc., who has
not given concurrence to the District. Thus, this site-channel combination is already assigned for the purpose of
Section 337.
21 See, e.g., City of El Segundo, Order, 19 FCC Rcd 6992, 6995-6 ¶ 8 (WTB PSCID 2004), (“Because El Segundo
has failed to has failed to satisfy the prerequisite criterion that the spectrum be unassigned, we need not address its
arguments regarding the five criteria under Section 337(c)(1) of the Act.”).

Federal Communications Commission

DA 12-1151

IV.

CONCLUSION

8.
Based on the record before us, we find that the District does not satisfy the waiver criteria
pursuant to either Section 337(c) of the Act or Section 1.925 of our rules. Therefore, we deny the waiver
and dismiss the captioned applications.

V.

ORDERING CLAUSES

9.
Accordingly, WE ORDER that, pursuant to Sections 4(i) and 337(c) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 337(c), and Section 1.925 of the
Commission’s rules, 47 C.F.R. § 1.925, the request for waiver associated with the captioned applications
filed by the Tennessee Homeland Security District 7, on April 24, 2009, IS DENIED, and the captioned
applications ARE DISMISSED consistent with this Order and the Commission’s rules.
10.
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

Federal Communications Commission

DA 12-1151

Appendix A

Affected

Base

Market and

District File

Frequency Channel

Auc. 87 new

No.

Site #

(MHz)

Block

licensee

Existing licensee

22

Call sign

0003818256
1
454.025 BEA071-GA
CVC23
WQMT828
0003818256
1
454.175 BEA071-GG
CVC
WQMT832
Buttner
0003818256
1
454.425 BEA071-GQ
Holdings, LLC
WQMT706
0003818256
224
454.075 BEA071-GC
CVC
WQMT829
0003818256
2
454.075 BEA073-GC
Comserv Services, LLC
WPVQ473
Buttner
0003818256
2
454.600 BEA071-GX
Holdings, LLC
WQMT712
0003818256
2
454.600 BEA073-GX
Comserv Services, LLC
WPVQ457
0003818256
3
454.125 BEA071-GE
CVC
WQMT830
Buttner
0003818256
3
454.400 BEA071-GP
Holdings, LLC
WQMT705
0003818256
4
454.150 BEA071-GF
CVC
WQMT831
0003818256
5
454.200 BEA071-GH
CVC
WQMT833
0003818256
5
454.200 BEA073-GH
KTI, Inc.
WPZN568
Buttner
0003818256
5
454.375 BEA071-GO
Holdings, LLC
WQMT704
0003818256
5
454.375 BEA073-GO
Comserv Services, LLC
WPVQ467
Buttner
0003818256
5
454.450 BEA071-GR
Holdings, LLC
WQMT707
0003818256
5
454.450 BEA073-GR
Comserv Services, LLC
WPVQ470
0003818256
6
454.250 BEA071-GJ
CVC
WQMT835
0003818256
6
454.250 BEA072-GJ
[not auctioned]
0003818256
6
454.250 BEA073-GJ
Comserv Services, LLC
WPVQ463
Buttner
0003818256
6
454.650 BEA071-GZ
Holdings, LLC
WQMT714
0003818256
6
454.650 BEA072-GZ
[not auctioned]
0003818256
6
454.650 BEA073-GZ
KTI, Inc.
WQMT884
0003818261
1
454.300 BEA071-GL
CVC
WQMT836
Buttner
0003818261
2
454.475 BEA071-GS
Holdings, LLC
WQMT708
Buttner
0003818261
3
454.575 BEA071-GW
Holdings, LLC
WQMT712
0003818261
3
454.575 BEA072-GW
[not auctioned]
0003818261
3
454.575 BEA073-GW
Comserv Services, LLC
WPVQ472
Buttner
0003818261
4
454.500 BEA071-GT
Holdings, LLC
WQMT709

22 Licensees in this column obtained their licenses prior to Auction 87 and have provided concurrences to the
District. See supra n. 1 and n. 13.
23 “CVC” is Central Vermont Communications, Inc.
24 Boldfaced font indicates that the District’s particular site-channel combination affects more than one Market-
Channel Block. In every case, at least one affected Market-Channel Block is now assigned to an Auction 87
licensee.

Federal Communications Commission

DA 12-1151

0003818261
4
454.500 BEA072-GT
[not auctioned]
0003818261
4
454.500 BEA073-GT
KTI, Inc.
WQMT883
Buttner
0003818261
5
454.525 BEA071-GU
Holdings, LLC
WQMT706
Buttner
0003818261
6
454.625 BEA071-GY
Holdings, LLC
WQMT713

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.