**DA 08-125**

**Released: January 17, 2008**

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON REQUEST FOR
WAIVER FILED BY THE COUNTY OF LOS ANGELES, CALIFORNIA TO OPERATE A
PUBLIC SAFETY RADIO SYSTEM UTILIZING TELEVISION CHANNEL 15 SPECTRUM

FCC File Nos. 0002981309 *et al*.

**Comment Date: February 7, 2008**

**Reply Comment Date: February 19, 2008**

The Public Safety and Homeland Security Bureau seeks comment on
fifty-seven applications[^1] filed on April 5, 6, and 9, 2007, and an
associated waiver request[^2] filed by the County of Los Angeles,
California (the County). The County seeks a waiver of Sections 90.303
and 90.305, and Part 73 of the Commissions rules, 47 C.F.R. §§ 90.303
and 90.305, Part 73, pursuant to Section 1.925 of the Commission's
rules, 47 C.F.R. § 1.925, to use all frequencies in the television (TV)
channel 15 band (476-482 MHz) for public safety communications. On
November 6 and 7, 2007 and January 2, 2008, the County attached to its
applications an amended waiver request dated October 17, 2007 with a
showing pursuant to Section 337(c) of the Communications Act of 1934, as
amended, 47 U.S.C. § 337(c), and an engineering supplement dated October
2007.[^3] The County contends that its proposed use of the subject
frequencies is necessary due to the lack of available UHF public safety
frequencies in the Los Angeles metropolitan area.[^4] The County also
asserts that use of the requested frequencies would provide seamless
coverage across the county and would be compatible with existing UHF
radio infrastructure.[^5]

The County states that it has a population of ten million residents and
covers an area of approximately four thousand square miles of extremely
varied terrain.[^6] The County further indicates that it is home to the
two busiest ports in the nation, the fifth busiest airport in the world,
sensitive military and industrial facilities, and other high profile
targets.[^7] The County states that its region is prone to natural
disasters, such as earthquakes and wildfires.[^8] The County asserts
that these factors, coupled with heightened security concerns since
2001, have placed tremendous strain on existing public safety
communication networks.[^9] The County states that the current public
safety radio systems are inadequate to meet the growing demands on first
responders and other public safety agencies in the region.[^10] The
County further contends that the systems are over-crowded and lack the
ability to provide area-wide interoperability between public safety
agencies and jurisdictions.[^11]

The County is planning a single-platform, UHF voice radio system that it
anticipates will replace existing disparate systems and provide seamless
coverage for all public safety agencies throughout the county.[^12] The
County asserts that frequencies in the TV channel 15 band are ideal
because the band is immediately adjacent to TV channels 14 and 16, which
are already allocated to land mobile operations in the Los Angeles
urbanized area.[^13] The County notes that channel 15 is not currently
assigned for TV service in the Los Angeles area primarily due to the
aforementioned adjacent-channel land mobile allocations.[^14] In support
of its request, the County submitted an engineering study to demonstrate
that its land mobile operations would not interfere with the reception
of any full power TV stations.[^15]

We note that this waiver request is contested by Entravision Holdings,
LLC, applicant for a low power digital television channel 14 station in
San Diego, California.[^16] Entravision Holdings, LLC states that grant
of the waiver would disrupt the Commission's careful balancing of policy
concerns to the detriment of broadcast television and the viewing public
because the Commission has already allocated the 700 MHz band for public
safety services.[^17] Therefore, as a part of the analysis under Section
337 of the Act, as well as the Commission's waiver criteria, we also
seek comment on whether the 700 MHz public safety band would provide a
viable alternative, particularly in light of the approaching February
17, 2009 digital television transition date, and the Commission's recent
actions in facilitating a nationwide, interoperable public safety
network.[^18] The County states that it seeks to remain in the 470-512
MHz band to preserve critical interoperability with its channel 14 and
16 infrastructure, and to avoid the crippling cost of rebuilding in
another band.[^19] The County asserts that even if it could rebuild,
there would not be sufficient capacity in the 700 MHz public safety
narrowband spectrum to accommodate all of the expected public safety use
of the UHF system for which channel 15 is requested.[^20] The County
states that there is no mobile/portable equipment available today that
spans both the 470-512 and 700 MHz bands.[^21] We seek comment on the
County's arguments.

Finally, we also invite comment and analysis on the impact of the
County's waiver request on low power TV, TV translator and Class A TV
stations located outside of the 130-kilometer area around Los Angeles.
We note that such stations may not operate within 130 kilometers of Los
Angeles because of the land mobile service allocation on channels 14 and
16 according to Sections 73.6020 and 74.709 of the Commission's rules,
47 C.F.R. §§ 73.6020, 74.709. However, we particularly seek comment on
the potential impact on the ability of LPTV, TV translator and Class A
TV stations to convert existing analog operations on channels 14, 15 or
16 to digital operations.

Comments must be filed no later than February 7, 2008, and reply
comments must be filed no later than February 19, 2008. All comments and
reply comments should reference the subject waiver request, including
the DA number of this *Public Notice*. 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.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue NE, Suite 110, Washington DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} entering the
    building.

-   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, and Priority mail
    must be sent to 445 12th Street, S.W., TW-A325, Washington, D.C.
    20554.

The applications, waiver request, engineering studies, waiver
supplement, and Entravision Holdings LLC filings can be accessed
electronically via the Commission's Universal Licensing System,
http://wireless.fcc.gov/uls. The full text of the waiver request, other
application attachments, comments, and reply comments will be available
for inspection and duplication during regular business hours in the FCC
Reference Information Center (RIC) of the Consumer and Governmental
Affairs Bureau, Federal Communications Commission, 445 12th Street,
S.W., Room CY-A257, Washington, D.C. 20554. Copies of the comments and
other filings in this docket also may be obtained from the Commission's
duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II,
445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554. Customers
may contact BCPI through its web site,
[http://www.bcpiweb.com](http://www.bcpiweb.com/), by email at
<fcc@bcpiweb.com>, by phone at (202) 488-5300 or (800) 378-3160, or by
facsimile at (202) 488-5563. To request materials in accessible formats
for people with disabilities (braille, large print, electronic files,
audio format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
For further information regarding the public reference file for this
waiver request, contact Lisa Williams, RIC, (202) 418-1352.

Because of the policy implications and potential impact of this
proceeding on persons not parties to the waiver request, we believe it
would be in the public interest to treat this case as a
permit-but-disclose proceeding under the *ex parte* rules. See Sections
1.1200(a), 1.1206 of the Commission's rules, 47 C.F.R. §§ 1.1200(a),
1.1206. Therefore, subsequent to the release of this *Public Notice*,
*ex parte* presentations that are made with respect to the issues
involved in the subject waiver request will be allowed but must be
disclosed in accordance with the requirements of Section 1.1206(b) of
the Commission's Rules, 47 C.F.R. § 1.1206(b).

For further information, contact Mr. Zenji Nakazawa, Associate Chief,
Policy Division, Public Safety and Homeland Security Bureau at
202-418-7949 (voice), 202-418-7233 (tty), or via e-mail to
Zenji.Nakazawa@fcc.gov, or Mr. Thomas Eng of the Policy Division, Public
Safety and Homeland Security Bureau at 202-418-0019 (voice),
202-418-7233 (tty), or via e-mail to Thomas.Eng@fcc.gov.

By the Deputy Chief, Public Safety and Homeland Security Bureau.

\- FCC -

[^1]: *See* File Nos. 0002981309, 0002981681, 0002981683, 0002981684,
    0002981686, 0002981689, 0002981694, 0002981696, 0002981697,
    0002981699, 0002981702, 0002981703, 0002981706, 0002981710,
    0002981716 (filed Apr. 5, 2007, amended Jan. 2, 2008); File Nos.
    0002983904, 0002983906 (filed Apr. 6, 2007, amended Jan. 2, 2008);
    File Nos. 0002983909, 0002983910, 0002983913, 0002983917,
    0002983924, 0002983926, 0002983929, 0002983932, 0002983935,
    0002983938, 0002983941, 0002983944 (filed Apr. 6, 2007, amended Nov.
    7, 2007); File Nos. 0002985272, 0002985273, 0002985274, 0002985275,
    0002985276, 0002985277, 0002985278, 0002985279 (filed Apr. 9, 2007,
    amended Nov. 7, 2007); File Nos. 0002985280, 0002985281, 0002985282,
    0002985283, 0002985284, 0002985285, 0002985286, 0002985287,
    0002985288, 0002985289, 0002985291, 0002987900, 0002987901,
    0002987903, 0002987907, 0002987909, 0002987911, 0002987913,
    0002987914, 0002987915 (filed Apr. 9, 2007, amended Nov. 6, 2007).

[^2]: *Id*., attached Request for Waiver dated Feb. 21, 2007 (Waiver
    Request).

[^3]: *See* *supra* note Error: Reference source not found, attached
    Supplement to Request for Waiver dated Oct. 17, 2007 (Supplement)
    and Engineering Study dated Oct. 2007.

[^4]: Waiver Request at 5, Supplement at 3.

[^5]: Waiver Request at 2-3.

[^6]: *Id*. at 1.

[^7]: *Id*. at 2.

[^8]: *Id*.

[^9]: *Id*.

[^10]: *Id*.

[^11]: *Id*.

[^12]: *Id*.

[^13]: *Id*. at 3.

[^14]: *Id*.

[^15]: *See* *supra* note Error: Reference source not found, attached
    Engineering Study dated Dec. 2006.

[^16]: *See* Consolidated Informal Objection filed by Entravision
    Holdings, LLC on August 14, 2007 (Entravision Initial Objection).
    *See also* Consolidated Informal Objection filed by Entravision
    Holdings, LLC on October 29, 2007.

[^17]: Entravision Initial Objection at 3.

[^18]: *See* Implementing a Nationwide, Broadband, Interoperable Public
    Safety Network in the 700 MHz Band, PS Docket No. 06-229;
    Development of Operational, Technical and Spectrum Requirements for
    Meeting Federal State and Local Public Safety Communications
    Requirements through the Year 2010, WT Docket No. 96-98, *Second
    Report and Order*, 22 FCC Rcd 15289 (2007).

[^19]: Waiver Request at 6.

[^20]: Supplement at 4-5.

[^21]: *Id*. at 4.