**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of Application of  | *  | File No. D069976             |
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| GRECO COUSINS CONCRETE CORP.     | ** |                              |
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| For Authorization to Operate a   | *  |                              |
| Private Land Mobile Radio        | *) |                              |
| Station in the Industrial        | ** |                              |
| Service                          |    |                              |
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| And License of                   | *) |                              |
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| BERGEN COUNTY POLICE DEPARTMENT  |    |                              |
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| To Operate Frequency Pair        | *) |                              |
| 477/480.5125 MHz                 | ** |                              |
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| Under Call Sign WPLR685          | *  |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: September 27, 2002 Released: October 2, 2002**

By the Commission:

1.  On April 5, 2002, Greco Cousins Concrete Corporation (Greco) filed
    an application for review[^1] of the Public Safety and Private
    Wireless Division, Wireless Telecommunications Bureau (Division)
    affirmance[^2] of the grant of an application filed by Bergen County
    Police Department to operate on the frequency pair 477/480.5125 MHz
    in the New York City/New Jersey metropolitan area. Additionally,
    Greco objects to the dismissal of its above-captioned application.

2.  We have reviewed the Application for Review and find that the
    Division staff properly decided the matters raised. In particular,
    we agree with the Division's analysis and conclusion that APCO's
    actions satisfied the requirements of Section 90.175 of the
    Commission's Rules because ITA had knowledge of and consented to
    APCO's coordination of the CIBRO-NYPD assignment/modification
    application before ITA coordinated the Greco application.[^3] Thus,
    we agree with the Bureau's conclusion that NYPD assigned a properly
    coordinated license to the Bergen County Police Department.[^4]

3.  We believe, however, that one issue warrants further comment. Greco
    argues that the Division's decision must be overturned because it
    will substantially undermine the coordination process by permitting
    "parties to claim frequency rights based entirely on oral
    communications rather than written records"[^5] and an applicant or
    a representative of an applicant to relay a concurrence.[^6] We do
    not agree that the Division created new precedent in this
    proceeding. On the contrary, the Division followed well-established
    Commission precedent when it stated that "the Commission generally
    does not mandate the procedures by which the frequency coordinators
    perform frequency coordination."[^7] In this particular instance,
    based on the record, the Division was confronted with information
    from both ITA and APCO concerning the frequency coordination
    procedures that were used in 1996. According to ITA "\[t\]here are
    procedures in place that were agreed upon by all of the frequency
    advisory committees, including APCO, for inter-service coordinations
    and notifications."[^8] In contrast, APCO states that "in 1996 there
    were not well-established, documented procedures agreed to by the
    coordinators for their processing of this type of application."[^9]
    APCO states that the CIBRO-NYPD application was unique because
    "Special Industrial licensees rarely assign channels to public
    safety licensees in any band."[^10] APCO further argues that the
    provisions of Section 90.311 of the Commission's Rules[^11] "were
    far from clear with regard to the coordination of such an assignment
    in the 470-512 MHz band, where the availability of a frequency for a
    particular class of user (and its coordination responsibility) could
    shift with assignment from one frequency pool to another."[^12] In
    light of this evidence, we agree with the Division that the fact
    that ITA may not have followed its normal procedures in granting
    such concurrence does not vitiate its grant of consent or support
    the conclusion that the coordination of the CIBRO-NYPD application
    violated the Commission's Rules.

4.  Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 5(c)
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    155(c), and Section 1.115 of the Commission's Rules, 47 C.F.R. §
    1.115, the Application for Review filed by Greco Cousins Concrete
    Corporation on April 4, 2002 IS DENIED.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Marlene H. Dortch
>
> Secretary

[^1]: Application for Review (filed Apr. 4, 2002).

[^2]: Greco Cousins Concrete Corp *et al.,* *Order on Reconsideration*,
    17 FCC Rcd 4265 (WTB PSPWD 2002) (*Order on Reconsideration*).

[^3]: *Id.* at 4270 ¶ 9.

[^4]: *Id*. at 4271 ¶ 12.

[^5]: Application for Review at 8.

[^6]: *Id*. at 9.

[^7]: *Order on Reconsideration,* 17 FCC Rcd at 4270 ¶ 10.

[^8]: Letter from Andre Cote, Senior Vice President, Industrial
    Telecommunications Association to D'wana R. Terry, Public Safety and
    Private Wireless Division at 3 (July 17, 2000).

[^9]: Association of Public-Safety Communications
    Officials-International, Inc., Opposition to Petition for
    Reconsideration at 3 (filed July, 17, 2001) (APCO Opposition).

[^10]: *Id.*

[^11]: 47 C.F.R. § 90.311 (1996).

[^12]: APCO Opposition at 3.