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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) PUBLIC UTILITY DISTRICT NO. 1 OF ) SNOHOMISH COUNTY ) ) Request for Waiver of the Commission's ) Rules ) ORDER Adopted: October 10, 1997 Released: October 10, 1997 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division: I. INTRODUCTION & EXECUTIVE SUMMARY 1. On January 23, 1997, Public Utility District No. 1 of Snohomish County (the District) filed a request for waiver of Section 90.179 of the Commission's Rules, 47 C.F.R.  90.179, to permit it to share its 900 MHz Industrial and Land Transportation (I/LT) Category system with Public Safety users on a non-profit, cost shared basis. Based on the record in this proceeding, we conclude that the District's request should be granted. II. BACKGROUND 2. The District, a government entity established by the State of Washington to furnish electricity and water to the citizens of Snohomish County, serves 235,000 customers over a mostly rural 2,200 square mile territory. It operates a trunked land mobile radio system on 900 MHz I/LT frequencies, which it seeks to share with Public Safety entities on a non-profit, cost shared basis. Private Mobile Radio Service frequencies in the 900 MHz band are divided into five "categories" or "pools": (1) Specialized Mobile Radio, (2) Public Safety, (3) Business, (4) I/LT, and (5) General. The District requires a waiver because Section 90.179(a) of the Commission's Rules provides that a licensee may share its land mobile radio station only with users that would be eligible for separate authorization to use those frequencies. 3. In support of its request, the District states that many Public Safety agencies in Snohomish County rely on outdated and inadequate communications technology, and lack sufficient spectrum or financial resources to construct and operate their own high quality, county- wide communications systems. Attached to the waiver request are letters from thirteen Local Government and Public Safety entities expressing interest in sharing the District's system. As one letter states, The police and fire agencies of the majority of cities in Snohomish County, along with the Snohomish County Sheriff's Office and fire districts, believe that such a partnership would be beneficial to the taxpayers of this County. Further, this partnership would aid greatly in communication, particularly in the event of a major disaster. III. DECISION 4. To obtain a waiver of the Commission's Part 90 Rules, a petitioner must demonstrate that its circumstances are unique, that good cause exists to justify the requested relief, and that there is no reasonable solution within the existing rules. The District has met this burden, thus warranting grant of its request for waiver of Section 90.179(a) of the Commission's Rules. Our basis for this determination is set forth below. 5. Unique Circumstances. The District has met the first criterion for waiver by demonstrating that its case presents unique circumstances given the public safety/public service nature of its proposal and the envisioned wide-area scope of the project. The District states that its network covers the entire county (which encompasses 2,098 miles of land and has 551,200 residents), including rural areas that currently have limited public safety communications coverage and where wireless communications are particularly important due to the distances that must be covered and the relative scarceness of wireline communications facilities. Denial of the waiver, on the other hand, would possibly undermine efforts underway at the federal level and in the public safety community to promote wide-area shared systems that facilitate interoperability and system flexibility. 6. Good Cause. In its efforts to study public safety spectrum needs and develop a plan that ensures that adequate frequencies are available for public safety uses, the Commission, jointly with the National Telecommunications and Information Administration, established the Public Safety Wireless Advisory Committee (PSWAC) to provide advice and recommendations on the current and future requirements of Public Safety agencies. The PSWAC Final Report concluded, among other things, that there should be more shared and joint use systems developed, and that more spectrally efficient radio projects should be deployed. This waiver request gives us an opportunity to further such objectives and address an aspect of a particular public safety need. 7. The proposal would provide the Public Safety entities of Snohomish County the ability to obtain wide-area coverage without incurring, in this time of limited government resources (especially for smaller, rural governmental entities) the expense of constructing an entire wide-area backbone system. In addition, sharing of spectrum is especially important in areas near the Canadian border, like Snohomish County, where, because of the frequency plan resulting from an agreement with the Canadian government, some land mobile frequencies are not available in the United States sector. Grant of the waiver also would allow entities providing police, fire, and other public safety services in Snohomish County to communicate with one another and with the District, both on a day-to-day basis and during emergencies. The Wireless Telecommunications Bureau recently noted the need for such interoperability when it granted a similar request to allow a utility to share its system with Public Safety eligibles. The essential and critical nature of public safety transmissions is one of the primary elements of the necessary justification for waiver. Moreover, in the Balanced Budget Act of 1997 (Balanced Budget Act), the U.S. Congress recognized the importance of providing spectrum to meet critical public safety needs. Thus, the Balanced Budget Act reinforces our decision to grant the Waiver Request. In summary, the District has demonstrated good cause to allow Public Safety eligibles to use its I/LT network. 8. Lack of Reasonable Alternatives. Finally, there is no reasonable alternative within the rules. Public Safety agencies and public service providers have special communications requirements, including, among other things, (1) dedicated capacity and/or priority access available at all times (and in sufficient amounts) to handle unexpected emergencies[;] (2) highly reliable (redundant) networks which are engineered and maintained to withstand natural disasters and other emergencies; (3) ubiquitous coverage within a given geographical area; [and] (4) . . . unique terminal equipment (mobile or portable units) designed for quick response in emergency situations. Public Safety entities that need technically advanced, wide-area communications services, but lack access to spectrum, are relatively small in size, or are otherwise not in a position to implement systems that would provide the same benefits as the proposed system (or have more pressing needs), have no reasonable alternative to the District's system. IV. CONCLUSION 9. This Order grants the request of the District for a waiver of Section 90.179 of the Commission's Rules to permit it to share its I/LT system with Public Safety eligibles on a non- profit, cost shared basis. The action taken herein serves the public interest by providing improved opportunities for communications by Public Safety and public service entities. V. ORDERING CLAUSES 10. IT IS ORDERED that pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r), a Waiver of Section 90.179 of the Commission's Rules, 47 C.F.R.  90.179, IS GRANTED to Public Utility District No. 1 of Snohomish County, permitting it to share its I/LT system with users eligible in the Public Safety Radio Services. 11. 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. 12. For further information contact Scot Stone, Public Safety and Private Wireless Division, at (202) 418-0680. FEDERAL COMMUNICATIONS COMMISSION John J. Borkowski, Chief, Policy and Rules Branch Public Safety and Private Wireless Division j:\sstone\snohomi.ord 9-18-97