Comment Sought on Mobile Relay Associates Band Edge Channel Request
Federal Communications Commission
445 12th St., S.W.
News Media Information 202 / 418-0500
Washington, D.C. 20554
TTY: 1-888-835-5322DA 14-258
Released: February 26, 2014
WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUESTS OF
MOBILE RELAY ASSOCIATES FOR WAIVERS TO PERMIT PART 90 USE OF CHANNELS
ON FREQUENCIES BETWEEN PART 90 AND PART 74 SPECTRUM
WT Docket No. 14-34
Comment Date: March 28, 2014
Reply Comment Date: April 14, 2014
By this Public Notice, comment is sought on the requests of Mobile Relay Associates (MRA) for
waiver of Sections 2.106 and 90.35 of the Commission’s Rules. MRA seeks waivers1 to operate on
frequency pairs 451/456.0000 MHz, 451/456.00625 MHz and 451/456.0125 MHz at multiple locations in
California,2 Nevada,3 and Florida.4 Frequencies 451.0000, 451.00625, 451.0125, 456.0000, 456.00625,
456.0125 MHz are allocated for land mobile operations,5 but currently are not designated for use on a
primary basis by the Industrial/Business Pool or any other Commission service.6 Rather, the frequencies
are between Broadcast Auxiliary Service7 spectrum and Industrial/Business Pool8 spectrum.
MRA seeks assignment of these frequencies with a 4 kHz emission designator, which it contends
will present no risk of harmful interference because its requested channels will not overlap any designated
1 MRA filed the same waiver request with each application. See Public Interest; Request for Waiver
(filed Sept. 3, 2013) (Waiver Request).
2 See FCC File No. 0005916887 (filed Sept. 3, 2013).
3 See FCC File No. 0005916888 (filed Sept. 3, 2013).
4 See FCC File No. 0005916889 (filed Sept. 3, 2013).
5 See 47 C.F.R. § 2.106 (United States Table of Frequency Allocations).
6 Medical Micropower Networks operate on a secondary basis in the 451-457 MHz band. See 47 C.F.R.
§§ 2.106 note US64, 95.628(b).
7 See 47 C.F.R. § 74.402(a)(4) (designating assignable 450/455 MHz broadcast remote pickup station
frequencies ending with 450/455.99375 MHz).
8 See 47 C.F.R. § 90.35 (designating assignable 451/456 MHz band Industrial/Business Pool frequencies
beginning with 451/456.01875 MHz).
frequencies on either side, in light of the implementation of narrowbanding (maximum 12.5 kHz channel
bandwidth or equivalent efficiency)9 by private land mobile radio licensees in the 150-174 MHz and 421-
470 MHz bands.10 (We note, however, that 25 kHz narrowband-equivalent operation is permitted on
Industrial/Business Pool frequencies 451.0250 and 456.0250 MHz.11)
Further, MRA contends there is widespread and increasing congestion in the metropolitan areas
in which it seeks relief.12 It states that UHF spectrum is particularly scarce in the Los Angeles and Miami
areas in light of the current freeze on new applications in the 470-512 MHz band.13 MRA asserts that it
needs to have the same channels in the Las Vegas metropolitan area as it has in the Los Angeles
metropolitan area because many of its customers operate in both areas.14
We seek comment on MRA’s waiver requests. Commenters should address whether the public
interest would be served by granting the requested waivers. Commenters should also address whether a
waiver may be warranted only in part, e.g., only on certain frequencies or in certain markets. In
particular, we seek comment from parties whose operations could be impacted by grant of the waiver.
Procedural MattersInterested parties may file comments and reply comments in response to the waiver requests on or
before the dates listed on the first page of this Public Notice. All pleadings must reference WT Docket
No. 14-34. Parties may file comments using (1) the Commission’s Electronic Comment Filing System
(ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.15
9 See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, Second
Report and Order and Second Further Notice of Proposed Rulemaking, WT Docket No. 99-87, RM-
9332, 18 FCC Rcd 3034 (2003) (Second R&O); Implementation of Sections 309(j) and 337 of the
Communications Act of 1934 as Amended, Third Memorandum Opinion and Order, Third Further Notice
of Proposed Rule Making and Order, WT Docket No. 99-87, RM-9332, 19 FCC Rcd 25045 (2004)
(Third MO&O); Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as
Amended, Order, WT Docket No. 99-87, RM-9332, 25 FCC Rcd 8861 (2010) (Narrowbanding Waiver
Order); see also 47 C.F.R. §§ 90.203(j), 90.209(b). Specifically, the narrowbanding deadlines apply to
frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, and 421-512 MHz bands, but the Wireless
Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of Engineering
and Technology have waived the January 1, 2013 deadline for PLMR licensees in the 470-512 MHz band.
See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, Order,
WT Docket No. 99-87, RM-9332, 27 FCC Rcd 4213, on recon., Order on Reconsideration, 27 FCC Rcd
14770 (WTB/PSHSB/OET 2012).
10 See Waiver Request at 2.
11 See 47 C.F.R. § 90.209(b)(5).
12 See Waiver Request at 2.
13 See Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau Suspend
the Acceptance and Processing of Certain Part 22 and Part 90 Applications for 470-512 MHz (T-Band)
Spectrum, Public Notice, WT Docket No. 99-87, 27 FCC Rcd 4218 (WTB/PSHSB 2012).
14 See Waiver Request at 2 n.1.
15 See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, GC Docket No. 97-
113, 13 FCC Rcd 11322 (1998).
Electronic Filers: File comments electronically using the Internet by accessing the ECFS:
https://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov.
Filers should follow the instructions provided on the website for submitting comments.
In completing the transmittal screen, filers 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, filers should send an e-mail to
firstname.lastname@example.org, and include the following words in the body of the message, “get form.” A sample
form and directions will be sent in response.
Paper Filers: Parties who choose to file by paper must file an original and two copies of each
Send filings 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). Address filings to the Commission’s Secretary, Office of the Secretary, Federal
Deliver hand-delivered or messenger-delivered paper filings to FCC Headquarters at 445
12th St., SW, Room TW-A325, Washington, DC 20554 between 8:00 AM and 7:00 PM.
Use rubber bands or fasteners to hold deliveries together. Dispose of all envelopes before
entering the building.
Send commercial overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) to 9300 East Hampton Drive, Capitol Heights, MD 20743.
Send U.S. Postal Service first-class, Express, and Priority mail to 445 12th Street, SW,
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, D.C. 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),
https://www.fcc.gov/cgb/ecfs, by entering the docket number, WT 14-34. 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 email@example.com.
This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with
the Commission's ex parte rules.16 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
16 See 47 C.F.R. §§ 1.1200(a), 1.1206.
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,
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. Melvin Spann of the Wireless Telecommunications Bureau
at (202) 418-1333, or via e-mail at Melvin.Spann@fcc.gov.
Action by the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau.
- FCC -
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