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Comment Sought on AAR and National Frequency Coordination LLC Requests

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Released: May 14, 2014

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: https://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-653
May 14, 2014

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUESTS OF

NATIONAL FREQUENCY COORDINATION, LLC TO BE CERTIFIED AS A PART 90

FREQUENCY COORDINATOR AND THE ASSOCIATION OF AMERICAN RAILROADS TO

BE CERTIFIED TO COORDINATE 800/900 MHZ BAND BUSINESS/INDUSTRIAL/LAND

TRANSPORTATION FREQUENCIES

WT Docket No. 14-75

Comments Due: June 13, 2014

Reply Comments Due: June 30, 2014

This Public Notice seeks comment on two requests to be certified to coordinate frequencies under
Part 90 of the Commission’s Rules. Frequency coordination is the process by which a private
organization recommends to the Commission the most appropriate frequencies for applicants in
designated radio services.1 In 1986, the Commission certified frequency coordinators in the private land
mobile radio (PLMR) services.2 The criteria the Commission established in 1986 for PLMR frequency
coordination certification were (a) representativeness of the users of the frequencies to be coordinated, (b)
the entity's overall coordination plan (including how recommendations would be made and equality of
applicant treatment), c) the entity's experience coordinating frequencies in the service or technical
expertise, and d) its nationwide coordination capability.3 In 1997, the Commission determined that the
Industrial/Business Pool below 512 MHz would be administered by multiple coordinators, thus ending
exclusive frequency coordination on certain frequencies and allowing competition to be introduced into

1 With limited exceptions, frequency coordination is required before the Commission will grant a license to a PLMR
applicant. See 47 C.F.R. § 90.175 (setting forth the frequency coordination requirements).
2 See Frequency Coordination in the Private Land Mobile Radio Services, Report and Order, PR Docket No. 83-
737, 103 F.C.C. 2d 1093 (1986).
3 See id. at 1126 ¶ 70.

the coordination process in those frequencies.4 The Wireless Telecommunications Bureau subsequently
introduced competitive coordination to the 806-824/851-869 MHz and 896-901/935-940 MHz bands.5
On March 24, 2014, National Frequency Coordination, LLC (NFC) filed a request to be certified
as a frequency coordinator for Part 90 frequencies. NFC states that it was formed in 2013 and its team
has extensive experience in spectrum management and frequency coordination. It indicates that it will
provide nationwide frequency coordination services for PLMR licensees. It assures that it will provide
frequency coordination services to every client in a non-bias and non-discriminatory basis. NFC insists
that it will provide coordination services in a timely manner with a high degree of quality control. NFC
seeks certification to coordinate frequencies both below 512 MHz and in the 800/900 MHz bands.
The Association of American Railroads (AAR) is certified as a frequency coordinator for land
mobile frequencies below 512 MHz. On March 26, 2014, it filed a request to modify its certification to
permit frequency coordination of Business/Industrial/Land Transportation frequencies in the 800 and 900
MHz bands. AAR indicates that to meet the growing railroad spectrum needs it has been a license6 holder
in the 800/900 MHz band and has been coordinating the use of the licensed spectrum among various
railroads. AAR has determined that it is important for AAR to be in the position to coordinate this band.
It seeks to serve not only its members but any eligible non-public safety entity in the B/ILT pool. AAR
asserts that doing so will further the Commission’s goals of providing applicants with a competitive
frequency coordination services.

Procedural Matters

Comments may be filed using the Commission's Electronic Comment Filing System (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 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.

4 See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies
Governing Them and Examination of Exclusivity and Frequency Assignments Policies of the Private Land Mobile
Services, Second Report and Order, PR Docket No. 92-235, 12 FCC Rcd 14307, 14328 ¶ 40 (1997). The
introduction of competition among coordinators was intended to promote lower coordination costs and foster better
service to the public. Id.
5 See United Telecom Council, Order, 16 FCC Rcd 8436, 8443 ¶ 13 (WTB PSPWD 2001). Currently, nine
frequency coordinators are certified for the 800/900 MHz B/ILT Pool. See
http://wireless.fcc.gov/services/index.htm?job=licensing_3&id=industrial_business#800/900%20MHz%20Coordina
tors.
6 See Station WPSF894.
2

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.
-Deliver hand-delivered or messenger-delivered paper filings 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.
-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.
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, DC 20554, (800) 378-
3160, e-mail FCC@BCPIWEB.com.
The requests, and comments and reply comments filed in response to this Public Notice are
available for viewing via the Commission's Electronic Comment Filing System (ECFS) by entering the
docket number,

WT 14-75

. The documents also will be available for public inspection and copying
during business hours in the FCC Reference Information Center, Portals II, 445 12th Street S.W., Room
CY-A257, Washington, D.C. 20554. They may also be purchased from Best Copy and Printing, Inc.,
telephone (800) 378-3160, facsimile (202) 488-5563, TTY (202) 488-5562, 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.
This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with
the Commission's ex parte rules.7 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,

7 See 47 C.F.R. §§ 1.1200(a), 1.1206.
3

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.
For further information, contact Mr. Rodney Conway of the Mobility Division, Wireless
Telecommunications Bureau, at (202) 418-2904 or via e-mail at rodney.conway@fcc.gov.
Action by the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau.
- FCC -
4

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