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See 47 C.F.R.  90.63. frequencies.>Z yO'ԍ Waiver Request at 3.> The subject proposal envisions that GPU would contribute sufficient frequencies to satisfy its own needs in areas where public safety spectrum  S'is congested, including the Counties of Chester, Lancaster, and Montgomery.q yO:'ԍ Reply Comments of Commonwealth at 3; Reply Comments of GPU Energy at 6.q  S`'4. A waiver of Section 90.179(a) of the Commission's Rules is required to permit Public Safety eligibles to use the I/LT frequencies, and Power Radio Service eligibles to use the Public Safety frequencies. In support of the waiver request, the Commonwealth and GPU state that the radio equipment currently used by the Commonwealth and many of its county and local governments is  S'antiquated, and incapable of reaching remote areas.>z yO 'ԍ Waiver Request at 2.> They also state that many public safety agencies, including state agencies, lack statewide wireless communications capabilities, and that the spectrum the  Sp'agencies use is fragmented among three frequency bands.9p  {O'ԍ Id. at 2.9 Thus, an agency on one band cannot communicate with an agency using a different band, which hinders coordination of public safety  S 'responses to emergencies involving multiple jurisdictions.?  {O\'ԍ Id. at 2 and 6.?  S '5. The Commonwealth and GPU propose a stateoftheart dispatch communications network that would be available to Public Safety and Power Radio eligibles throughout Pennsylvania on a non S 'profit, cost shared basis, .  {ON'Ѝ Id. at 4. Above 800 MHz, I/LT and Public Safety licensees are prohibited from providing shared use on a forprofit basis. 47 C.F.R.  90.179(f). but public safety users would receive priority access to Public Safety  SX'frequencies whenever necessary.X  {O'Ѝ Reply Comments of Commonwealth at 3; see also Reply Comments of GPU Energy at 3, 7. In addition to the Pennsylvania State Police, potential participants include other state agencies (such as the Pennsylvania Turnpike Authority, the Pennsylvania Gaming Authority, and the Attorney General's Office); county and local government agencies, emergency  S'medical services, and public utilities.> yO 'ԍ Waiver Request at 4.> The proposed system would permit interoperable communications between Commonwealth agencies, between Commonwealth and local agencies, and  S'between local agencies.C {O#'ԍ Id. at 34 and 67.C It also would facilitate communications between public safety agencies and public utilities using the system, particularly during emergencies like severe storms that cause downed  S@'lines and power outages.9@< {O''ԍ Id. at 4.9 The Commonwealth and GPU request that a waiver that is broad enough to"@,>(>(ZZ" include not only their facilities, but also the frequencies of any Public Safety or Power Radio eligible  S'subsequently added to the system.l {O@'ԍ Id. at 5. UTC supports this request. Comments of UTC at 5.l They argue that a general waiver would reduce administrative  S'burdens on system participants and the Commission, and facilitate expansion of the network.aZ {O'ԍ Waiver Request at 5; accord Comments of UTC at 5.a  S`'6. The Federal Law Enforcement Wireless Users Group and UTC, The Telecommunications Association, which represents utility and pipeline companies, agree that the proposed system will benefit the citizens of Pennsylvania by saving costs, using spectrum efficiently, and facilitating highly reliable communications that will allow efficient and effective responses to emergencies, particularly  S'those in remote areas or involving multiple jurisdictions. yOL 'ԍ Comments of Federal Law Enforcement Wireless Users Group at 34; Comments of UTC at 24.  Sp'7. The Industrial Telecommunications Association (ITA), the certified frequency coordinator for the 800 MHz I/LT category, concedes that the requested waiver could improve the Commonwealth's public safety communications capabilities, but argues that all I/LT eligibles, not just  S 'Power Radio eligibles, should be allowed to share Public Safety spectrum.A | yO'ԍ Comments of ITA at 34.A Consequently, it contends that the waiver should be granted only if the Commission lifts the freeze on 800 MHz intercategory  S 'sharing,  {OT'Ѝ InterCategory Sharing of Private Mobile Radio Frequencies in the 806821/851866 MHz Bands, Order,  {O'10 FCC Rcd 7350, aff'd on recon., 11 FCC Rcd 1452 (WTB 1995). at least on some limited basis.? h  yO'ԍ Comments of ITA at 4.?  SX'8. Conversely, the Counties of Chester, Lancaster, and Montgomery, and Petroleum Communications, Inc. (PetroCom), a provider of wireless services, oppose the waiver request on the grounds that permitting Power Radio eligibles to share the Commonwealth's frequencies would reduce  S'the capacity and security available to public safety agencies using the Commonwealth's system.   yOx'Ѝ Comments of Chester County at 47; Comments of Lancaster County at 34; Comments of Montgomery County at 46; Comments of PetroCom at 23. The counties also oppose the waiver request on the grounds that it would extend the construction period for the channels licensed to the Commonwealth beyond the slow growth  yO'period specified in 47 C.F.R.  90.629. Comments of Chester County at 8; Comments of Lancaster County at 45; Comments of Montgomery County at 78. We, however, do not understand the Commonwealth to be requesting relief with respect to its construction period in this proceeding. Indeed, such relief was granted  {O("'pursuant to a separate request. See Letter from Michael J. Regiec, Acting Chief, Licensing and Technical Analysis Branch, PS&PWD, FCC to Thomas J. Keller, counsel for Commonwealth of Pennsylvania, File No. 711026 (Aug. 25, 1997). Chester and Montgomery Counties argue that they will be unable to expand their countywide public safety systems serving police, fire, and other emergency response personnel if the waiver is granted," ,>(>(ZZ."  S'because no Public Safety spectrum will be available.r! yOh'ԍ Comments of Chester County at 56; Comments of Montgomery County at 47.r They state that the waiver request should be denied and the Commonwealth's 800 MHz frequencies be made available for assignment, and that the  S'Commonwealth should be assigned frequencies for a statewide system in the recently reallocated"X {O' ! ԍ See Reallocation of Television Channels 6069, the 746806 MHz Band, Report and Order, ET Docket No. 97157, 12 FCC Rcd 22953 (1997). 700  S'MHz band.t# yO'ԍ Comments of Chester County at 911; Comments of Montgomery County at 810.t  S'f III. DISCUSSION ă  S' 9. To obtain a waiver of the Commission's Rules, a petitioner must demonstrate either that grant of the waiver would be in the public interest and the underlying purpose of the rule(s) would be  Sp'frustrated or not served by application to the present case;H$pB yOR'ԍ 47 C.F.R.  1.925(b)(3)(i).H or that, in view of unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly burdensome, or contrary  S 'to the public interest, or the applicant has no reasonable alternative.m%  yO'ԍ 47 C.F.R. 1.925(b)(3)(ii) (formerly 47 C.F.R.  90.151(a)).m We find that the Commonwealth and GPU have shown that, in light of unique or unusual circumstances, application of the rule to the instant case would be contrary to the public interest, and that they have no reasonable alternative, thus warranting grant of a waiver of Section 90.179(a) of the Commission's Rules. Our basis for this determination is set forth below.  S0' 10. Unique Circumstances. The Commonwealth and GPU have demonstrated that their proposal involves unique circumstances. The proposed system would cover a large territory, including remote areas that currently have limited public safety communications infrastructure, where wireless communications are particularly important due to the distances that must be covered and the relative  S'scarcity of wireline communications facilities.&^b  {O'Ѝ Waiver Request at 34; see also Report and Plan for Meeting State and Local Government Public Safety  {O^'Agency Spectrum Needs Through the Year 2010, Report and Plan, 10 FCC Rcd 5207, 5219 (1995) (Report and  {O('Plan); Public Safety Wireless Advisory Comm., Final Report 30 (Sept. 1996) (PSWAC Final Report).  Indeed, the Commonwealth and GPU state that most  Sj'of Pennsylvania is primarily rural.k'j  yO!'ԍ Comments of Commonwealth at 2; Reply Comments of GPU Energy at 2.k Granting the waiver will bring about the construction of a state SB'oftheart system in those areas (and the rest of the state).D(B yO#'ԍ Waiver Request at 2 and 7.D In addition, we note that denial of the"B(,>(>(ZZ" waiver could possibly undermine efforts in the public safety community to promote shared systems  S'that foster interoperability and operational flexibility..) yO@'Ѝ The Commission noted the importance of interoperability when it stated, "[I]nability to communicate hinders cooperation and coordination between public safety agencies on a daytoday basis as well as during emergencies. We believe that the present inability of public safety agencies to communicate with each other is  {O'one of the most critical deficiencies in today's public safety communications." Public Safety First Notice,  {Ob'11FCC Rcd at 12,469; see Development of Operational, Technical and Spectrum Requirements for Meeting  {O,'Federal, State and Local Public Safety Agency Communication Requirements Through the Year 2010, First  {O'Report and Order and Third Notice of Proposed Rulemaking, WT Docket No. 9686, 14 FCC Rcd 152, 15657  {O'(1998) (Public Safety First Report and Order); Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Agency Communication Requirements Through  {OR 'the Year 2010, Second Notice of Proposed Rulemaking, WT Docket No. 9686, 12 FCC Rcd 17706, 1771822  {O '(1997); PSWAC Final Report at 1920 and 4548..  S' 11. Public Interest. We conclude that granting a waiver under these circumstances would further the public interest. It is our belief that as a direct result of this waiver grant, entities providing police, fire, and other public safety services in Pennsylvania will be able to communicate with one  S'another, both on a daytoday basis and during emergencies.T*6  {O'ԍ See PSWAC Final Report at 20 and 32.T The proposal would provide these entities the ability to obtain widearea coverage without having to incur, in this time of limited government resources (especially for smaller, rural governmental entities), the total expense of  S'constructing an entire widearea backbone system.^+  {O'ԍ See Report and Plan, 10 FCC Rcd at 5231.^ Granting the waiver also will facilitate communications between public safety agencies and electric utilities. In this connection, we note that utilities and other public service providers support, and sometimes respond before, public safety  S" 'entities when an incident occurs.]," Z  {O'ԍ PSWAC Final Report at 33, App. A at 60.] Therefore, we believe interoperability between public safety agencies and public service providers such as utilities promotes effective public safety  S 'communications, both daily and, especially, in large disaster situations.R-  {O^'ԍ Id. at 20 and 3233, App. A at 60.R The Wireless Telecommunications Bureau noted the importance of facilitating such interoperability when granting a similar request to allow construction and operation of a joint Public Safety/Power Radio Service  SZ'system.J.Z~ {Ox 'Ѝ See State of South Carolina, Order, 13 FCC Rcd 8787, 879293 (WTB 1997); see also Central and South  {OB!'West Services, Inc., Order, 13 FCC Rcd 16162, 16167 (PS&PWD 1998); East River Electric Cooperative,  {O "'Order, 13 FCC Rcd 5871, 5878 (WTB 1997); Texas Utilities Services, Inc., Order, 13 FCC Rcd 4258, 4261  {O"'(WTB 1997); Public Utility District No. 1 of Snohomish County, Order, 13 FCC Rcd 7964, 7968 (PS&PWD  {O#'Policy and Rules Branch 1997); cf. Combined Technologies, Inc., Order, 14 FCC Rcd 1964, 196667 (PS&PWD  {Oj$'1998); see also H.R. Conf. Rep. No. 217, 105th Cong., 1st Sess. 572 (1997) (discussing 47 U.S.C.  309(j)(2)  {O4%'(as amended by the Balanced Budget Act of 1997, Pub. L. No. 10533,  3002, 111 Stat. 251)); see also 143Cong. Rec. S6325 (statements of Senators Bryan and McCain supporting shared public safety/public service radio networks).J We therefore reject the position of Chester, Lancaster, and Montgomery Counties and"Z\.,>(>(ZZ"  S'PetroCom that no I/LT eligibles should be permitted to share Public Safety spectrum.:/ yOh'Ѝ We also disagree with the counties' view that granting the waiver will prevent them from expanding their  {O0'countywide systems. The Commonwealth and GPU represent, and, as stated infra, we intend to ensure, that GPU will contribute sufficient spectrum to satisfy its needs in areas where public safety spectrum is congested. Moreover, to the extent the parties' plans are mutually exclusive, we find that a statewide system fills greater public safety needs than separate countywide systems.: We also disagree with ITA's argument that all I/LT eligibles should be permitted to share Public Safety  S'spectrum.0z {O'Ѝ See Central and South West Services, Inc., 13 FCC Rcd at 16167 (rejecting argument that grant of waiver to permit Public Safety eligibles to share I/LT spectrum should be linked to lifting intercategory sharing freeze). The essential and critical nature of public safety communications and the benefits associated with public safety/public service interoperability are factors that weigh in favor of granting a waiver in the instant case. In summary, we find that the Commonwealth and GPU have demonstrated that the proposed system will serve the public interest.  S' 12. Lack of Reasonable Alternatives. The Commonwealth and GPU also have demonstrated that there are no reasonable alternatives within the existing rules to accommodate the described needs. We note that public safety agencies have special communications requirements, including, Xamong 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  S 'quick response in emergency situations.w1  {O'ԍ PSWAC Final Report at 14; see also id. at 56, 1415, 25, and 33.w  The Commonwealth and GPU state that no other system in Pennsylvania, commercial or private, for S 'profit or nonprofit, provides the range, reliability, capacity and control of the proposed system.@2 f  yO'ԍ Waiver Request at 78.@ In addition, the record in this proceeding indicates that public safety agencies in Pennsylvania need technically advanced, widearea communications services, but lack access to sufficient spectrum, are relatively small in size, or are otherwise not in a position to implement systems that would provide the  Sj'same benefits as those associated with the proposed system.93j  {O 'ԍ Id. at 8.9 Under these circumstances, we do not believe that requiring each agency to construct a standalone communications system would be practicable.  S' 13. We also are not convinced that the 700 MHz band would necessarily provide a reasonable alternative in this case. We note that the Balanced Budget Act of 1997 excluded utilities and other" 3,>(>(ZZ"  S'public service providers from eligibility for 700 MHz public safety spectrum.|4\ {Oh'Ѝ See 47 U.S.C.  337(f)(1) (limiting eligibility for 700 MHz public safety spectrum to "public safety services," rather than the broader "public safety radio services," which includes utilities and other public service  {O'providers, see H.R. Conf. Rep. No. 217, 105th Cong., 1st Sess. 572 (1997)).| Moreover, the 700  S'MHz band will not be fully available until December 31, 2006h5 {Od'ԍ Public Safety First Report and Order, 14 FCC Rcd at 217.h at the earliest,A6~ {O'ԍ Id. at 217 n.370.A particularly in large  S'cities.;7 {O` 'ԍ Id. at 236.; In addition, we are persuaded by the Commonwealth's argument that compelling it to abandon its licensed and partiallyconstructed 800 MHz system and construct a 700 MHz system  S`'would not serve the public interest given the present status of construction.N8` yO 'ԍ Reply Comments of Commonwealth at 5.N Therefore, we find that  S8'there is no reasonable alternative to the proposed 800 MHz system.  S' 14. This waiver is granted with the understanding that Power Radio Service eligibles will contribute sufficient spectrum to the proposed system to meet their communications needs, so that the  S'arrangement does not result in a net loss of public safety spectrum.b92  {Oj'ԍ See State of South Carolina, 13 FCC Rcd at 8793. b Should experience show that the system relies disproportionately on public safety spectrum, we reserve discretion to reconsider whether the waiver granted herein still serves the public interest. In light of this concern, we grant in part and deny in part the request that the waiver extend not only to the Commonwealth and GPU, but also to any subsequent parties seeking to be part of the system. We believe that such a request is warranted and in the public interest for future participants that are Public Safety eligibles. However, with respect to Power Radio eligibles seeking to become participants, we believe that requiring separate waivers for additional Power Radio eligibles to contribute spectrum to the system will aid us in monitoring the  SX'system's spectrum mix, and accords with Commission precedent.@:X  {O'ԍ See id. at 8795.@  S'd IV. CONCLUSION ă  S'15. For the reasons stated herein, we find that the Commonwealth and GPU have met the  Sh'burden for waiver of Section 90.179 of the Commission's Rules. This Order grants their request for waiver to permit them to construct and operate a shared network on Public Safety and I/LT  S'frequencies (including any stations they subsequently add to the system ) to be used by Public Safety and Power Radio eligibles on a nonprofit, costshared basis. Separate waivers will be required for other Power Radio eligibles seeking to contribute spectrum to the system. The action taken herein serves the public interest in that it will encourage more efficient use of the spectrum, and provide improved opportunities for interoperable communications by the public safety and public service community on the state and local levels."RV :,>(>(ZZ"Ԍ S'ԙM V. ORDERING CLAUSES ă  S'16. 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 90.151 and 90.179 of the Commission's Rules, 47 C.F.R. 90.151 and 90.179, the waiver of Section 90.179 requested by the Commonwealth of Pennsylvania  S8'and GPU Energy on August 17, 1998 IS GRANTED IN PART and DENIED IN PART , as set forth above.  S'17. 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. ` `  ,hh]FEDERAL COMMUNICATIONS COMMISSION  S ' ` `  ,hh]D'wana R. Terry ` `  ,hh]Chief, Public Safety and Private Wireless Division  S'` `  ,hh]Wireless Telecommunications Bureau