**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of Application of  | *  | FCC File No. 0001438570      |
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| KENT COUNTY, MICHIGAN            | ** |                              |
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| Request for Waiver To Allow The  | *  |                              |
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| 20 kHz Bandwidth Adjacent to     |    |                              |
| Public Safety Interoperability   | *  |                              |
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**ORDER**

**Adopted: June 7, 2004 Released: June 9, 2004**

By the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau:

1.  *Introduction.* We have before us the above-captioned application
    filed by Kent County, Michigan ("Kent County"). Kent County requests
    a waiver of Section 90.20(d)(81) of the Commission's Rules[^1] to
    allow operation with a 16 kHz authorized bandwidth on frequencies
    adjacent to a channel designated for public safety interoperability
    communications.[^2] For the reasons discussed herein, we deny Kent
    County's waiver request and dismiss its application.

2.  *Background.* Kent County's Aeronautics Division operates
    conventional Public Safety Pool Station KVJ450, Grand Rapids,
    Michigan. The system is used to coordinate personnel. Prior to 2002,
    the station was authorized to operate from the Aeronautics Division
    headquarters on frequency pairs 453/458.225 MHz and 453/458.300 MHz
    with an authorized bandwidth of 16 kHz. On October 24, 2002, Kent
    County filed an application to modify its license for Station KVJ450
    to delete frequency pair 453/458.225 MHz from the Aeronautics
    Division headquarters transmitter, and to authorize operations at
    Gerald R. Ford International Airport (the airport) on frequency pair
    453/458.225 MHz with an authorized bandwidth of 11.25 kHz.[^3] That
    application was granted on January 16, 2003.

3.  On June 3, 2003, Kent County filed an application to modify the
    license to increase the authorized bandwidth for frequency pair
    453/458.225 MHz at the airport from 11.25 kHz to 16 kHz.[^4] That
    application was dismissed on August 20, 2003 because Section
    90.20(d)(81) of the Commission's Rules limits operation on frequency
    pair 453/458.225 MHz to an authorized bandwidth of 11.25 kHz.[^5] On
    September 3, 2003, Kent County filed another application to modify
    the license to increase the authorized bandwidth for frequency pair
    453/458.225 MHz at the airport from 11.25 kHz to 16 kHz.[^6] On
    September 8, 2003, it amended the application to request a waiver of
    Section 90.20(d)(81) of the Commission's Rules. In the waiver
    request, Kent County indicates that it needs to modify the bandwidth
    so that the operations at the airport will be compatible with the
    operations at the Aeronautics Division headquarters.[^7] It states
    that it does not have the funding to change the equipment at the
    Aeronautics Division headquarters to operate with a 12.5 kHz
    bandwidth.[^8]

4.  Section 90.20(d)(81) limits the bandwidth on frequency pair
    453/458.225 MHz to a maximum of 11.25 kHz because these frequencies
    are immediately adjacent to channels designated for public safety
    interoperability communications.[^9] The adjacent channels became
    available primarily for public safety interoperability
    communications on December 7, 2000.[^10]

5.  *Discussion.* The Commission will grant a waiver of its rules if it
    is shown that (i) the underlying purpose of the rule(s) would not be
    served or would be frustrated by application to the instant case,
    and that a grant of the requested waiver would be in the public
    interest; or (ii) in view of unique or unusual factual circumstances
    of the instant case, application of the rule(s) would be
    inequitable, unduly burdensome or contrary to the public interest,
    or the applicant has no reasonable alternative.[^11] Based on the
    record before us, we believe that Kent County has not made the
    requisite showing for grant of a waiver.

6.  We conclude that the underlying purpose of Section 90.20(d)(81) of
    the Commission's Rules would be frustrated and would not be served
    if this rule were waived under the circumstances presented. The
    purpose of Section 90.20(d)(81) is to limit the bandwidth of new
    stations on channels adjacent to the public safety interoperability
    channels to 11.25 kHz while permitting existing licensees to operate
    with a wider bandwidth on a co-primary basis until January 1,
    2005.[^12] Unlike in cases where we have granted requests for waiver
    of Section 90.20(d)(81), Kent County is not currently authorized to
    operate on frequency pair 453/458.225 MHz with a bandwidth greater
    than 11.25 kHz.[^13] Thus, granting the requested waiver could
    impede the Commission's interoperability goals by authorizing
    operations that newly overlap a public safety interoperability
    channel. Kent County has not demonstrated that its proposed
    operations would not interfere with interoperability
    communications.[^14] In addition, Kent County has not explained why
    it cannot use another 450 MHz band frequency at the airport that is
    not subject to the bandwidth limitation in Section 90.20(d)(81).

7.  Accordingly, pursuant to Section 4(i) of the Communications Act of
    1934, as amended, 47 U.S.C. § 154(i), and Section 1.925 of the
    Commission's Rules, 47 C.F.R. § 1.925, the waiver request filed by
    the Kent County, Michigan with respect to application FCC File
    Number 0001438570 IS DENIED.

8.  IT IS FURTHER ORDERED, pursuant and Section 4(i) and 309(a) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), 309(a),
    that application FCC File No. 0001438570 SHALL BE DISMISSED.

9.  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.

FEDERAL COMMUNICATIONS COMMISSION

D'wana R. Terry

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

[^1]: 47 C.F.R. § 90.20(d)(81).

[^2]: *See* attachment to FCC File No. 0001438570 (Waiver Requests).

[^3]: FCC File No. 0001068837.

[^4]: FCC File No. 0001333199.

[^5]: Dismissal Letter Ref. No. 2286280.

[^6]: FCC File No. 0001438570.

[^7]: Waiver Request at 1.

[^8]: *Id.*

[^9]: 47 C.F.R. § 90.20(d)(81). Section 90.20(d)(81) provides that:
    "After December 7, 2000, new stations will only be licensed with an
    authorized bandwidth not to exceed 11.25 kHz. Licensees authorized
    prior to December 7, 2000 may continue to use bandwidths wider than
    11.25 kHz on a co-primary basis until January 1, 2005."

[^10]: *See* 47 C.F.R. § 90.20(d)(80). The four UHF interoperability
    channel pairs are: 453/458.2125 MHz, 453/458.4625 MHz, 453/458.7125
    MHz, and 453/458.8625 MHz.

[^11]: *See* 47 C.F.R. § 1.925(b)(3).

[^12]: After that date, all stations, whether new or existing, operating
    on channels adjacent to the interoperability channels have a choice
    to either: (a) operate with an 11.25 kHz authorized bandwidth in
    order to retain co-primary status, or (b) operate with bandwidths
    wider than 11.25 kHz and become secondary to adjacent channel
    interoperability operations. Secondary operations may not cause
    interference to primary interoperability use. 47 C.F.R. § 90.7.

[^13]: *See* Gaston County, North Carolina, *Order*, 19 FCC Rcd 408, 409
    ¶ 7 (WTB PSCID 2004); Kern County, California, *Order*, 18 FCC Rcd
    26685, 26687 ¶ 7 (WTB PSCID 2003) (*Kern County*).

[^14]: *Cf. Kern County*, 18 FCC Rcd at 26687 ¶ 7 ("The American
    Association of State Highway and Transportation Officials (AASHTO)
    notes that there are virtually no users in California currently
    using the interoperability channels for the purpose of public safety
    interoperability.").