**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | > FCC File Nos. 0000941858   |
|                                  | * | > and 0001523313 (City of    |
| SEVEN PUBLIC SAFETY AGENCIES IN  | ) | > Bayonne, New Jersey),      |
| THE NEW YORK METROPOLITAN AREA   | * | > 0001687496 (County of      |
|                                  | * | > Bergen, New Jersey),       |
| Proposal to Use Part 22 Paging   |   | > 0001535270 (Borough of     |
| Frequencies Pursuant to Section  | * | > Fort Lee, New Jersey),     |
| 337(c) of the Communications Act | * | > 0001628636 (Jersey City,   |
| of 1934, as Amended and Section  | ) | > New Jersey Police          |
| 1.925 of the Commission's Rules  | * | > Department), 0001593425    |
| to Operate Public Safety         | * | > (Melville, New York Fire   |
|                                  |   | > District), File Nos.       |
| Communications Systems           | * | > 0001196273 and 0001196472  |
|                                  | * | > (County of Somerset, New   |
|                                  | ) | > Jersey), and 0001728433    |
|                                  | * | > (Syosset, New York Fire    |
|                                  | * | > District)                  |
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+----------------------------------+---+------------------------------+

**ORDER**

**Adopted: July 30, 2004 Released: August 10, 2004**

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

# introduction

1.  We have before us the above-captioned applications, waiver requests,
    and a joint proposal (Proposal) by seven public safety agencies in
    the New Jersey/New York area. The Proposal encompasses the use of
    unassigned Part 22 channels, the deletion of certain channels
    currently licensed to several of the public safety agencies so that
    such channel(s) may be assigned to another agency, and the deletion
    of frequencies from pending requests so that a channel may be
    licensed to another agency. Specifically, on April 14, 2004, the
    City of Bayonne, New Jersey (Bayonne), the County of Bergen, New
    Jersey (Bergen), the Borough of Fort Lee, New Jersey (Fort Lee), the
    Jersey City, New Jersey Police Department (Jersey City), the
    Melville, New York Fire District (Melville), the County of Somerset,
    New Jersey (Somerset) and the Syosset, New York Fire District
    (Syosset) (collectively referred to as the public safety agencies)
    jointly filed the Proposal seeking to augment the pending individual
    applications of each agency to use frequencies designated under Part
    22 of the Commission's Rules as paging control and trunked mobile
    channels to support the communications requirements of the public
    safety officers of each agency.[^1] The Proposal seeks to
    consolidate the pending applications into an overall plan that would
    resolve each application.[^2] For the reasons stated herein, we
    approve the Proposal and grant the waiver requests, subject to the
    public safety agencies filing the necessary amendments or
    applications to reflect the assignments in the Proposal so that the
    pending applications can be processed consistent with this *Order*.

# background

2.  *Bayonne.* Bayonne is an urban center with a population of 65,000
    and is located just north of Staten Island across the Newark Bay
    from Port Richmond, New York.[^3] Bayonne played a significant role
    in the regional response to the events of September 11, 2001, but
    deficiencies in Bayonne's public safety radio system and lack of
    interoperability with nearby jurisdictions hampered the
    effectiveness and efficiency of its response.[^4] Bayonne states
    that its current radio system is no longer able to serve its police
    and fire departments effectively. Bayonne cites the following
    deficiencies in its system: (1) The system uses four pairs of
    frequencies in the 150 MHz band and non-trunked, analog technology.
    Bayonne states that its current channel assignments are insufficient
    to handle the high volume of radio traffic.[^5] (2) Bayonne's system
    is also plagued by dead spots.[^6] In several areas of Bayonne,
    radio signals cannot penetrate, and thus transmissions are not
    received. According to Bayonne, the dead spots cannot be rectified
    by increasing transmitter power or antenna height due to potential
    co-channel interference to nearby licensees. (3) The greater New
    York area suffers from severe frequency congestion. Bayonne
    experiences co-channel interference on its channels, making
    communications difficult and unreliable.[^7] (4) Bayonne notes that
    its system is outdated and has no interoperability capabilities.
    Bayonne states that as a 911 Public Safety Answering Point, it
    handles overflow 911 traffic from the City of Secaucus, New Jersey.
    Bayonne believes that interoperability capability with Secaucus
    would increase the efficiency of this process.[^8]

3.  After researching alternative spectrum options, Bayonne has
    concluded that the only prudent and viable course of action is to
    replace its existing VHF system with a trunked, digital UHF
    system.[^9] The proposed system would form a city-wide radio
    network, linking all police, fire, emergency medical, city, school,
    and hospital telecommunications services.[^10] The proposed system
    would permit interoperability with police and fire departments of
    New York City, the Port Authority, Jersey City, Newark, and the
    Hudson County Prosecutors Office, among others.[^11] Further, the
    proposed system would address the problems of the existing system by
    expanding capacity, eradicating dead spots, permitting direct
    dispatch functions, and improving communications reliability by
    moving out of the congested VHF band.[^12] The digital system would
    also provide access to enhanced technical capabilities such as
    encryption and mobile data communications.[^13] Bayonne states that
    these benefits are in the best interest of the community and serve
    the public interest as well as the Commission's long-standing
    efforts to improve the quality and reliability of communications by
    and among public safety entities.[^14] As the sought frequencies are
    not designated for public safety communications, Bayonne seeks a
    waiver of Sections 22.501, 22.621, 90.303, and such other of the
    Commission's Rules[^15] as may be necessary to grant the
    applications, pursuant to Section 337(c) of the Communications Act
    of 1934, as amended (the Act) or, alternatively, Section 1.925 of
    the Commission's Rules.[^16]

4.  *Bergen.* Bergen is New Jersey's largest county, containing 70
    municipalities.[^17] Many have their own law enforcement and public
    safety agencies, which use radio communications systems in the
    470-512 MHz band.[^18] Bergen is home to several New York area
    sports arenas, major transportation facilities, industrial plants
    and several corporate headquarters.[^19] Responding to the September
    11, 2001 attack, Bergen commenced a substantial capital project to
    modernize its communications systems to provide all county agencies
    with the ability to communicate with one another and to promote
    interoperability between Bergen's municipalities.[^20] Bergen seeks
    use of frequency pair 470/473.2375 MHz to fulfill this goal. As the
    pair is not designated for public safety use, Bergen seeks a waiver
    of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the
    Commission's Rules,[^21] pursuant to Section 337(c) of the Act or,
    alternatively, Section 1.925 of the Commission's Rules.[^22]

5.  *Fort Lee.* Fort Lee stands at the western edge of the Hudson River
    in one of the most populated parts of the New York metropolitan
    area.[^23] Fort Lee's crossroads location and large commuter
    presence impose significant daily challenges regarding its public
    safety responsibilities.[^24] On December 31, 2002, we granted a
    waiver request by Fort Lee, pursuant to Section 337(c) of the Act,
    to operate a public safety communications system on certain Part 22
    paging frequencies.[^25] Fort Lee proposes to construct a new
    trunked radio system that would provide pervasive coverage
    throughout the community.[^26] The system would have six channel
    pairs dedicated to voice, drawn from unassigned Part 22 frequencies,
    channels on Bayonne's pending applications, and channels currently
    licensed to Jersey City.[^27] As the requested frequencies are not
    designated for public safety use, Fort Lee seeks a waiver of
    Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the
    Commission's Rules, pursuant to Section 337(c) of the Act or,
    alternatively, Section 1.925 of the Commission's Rules.[^28]

6.  *Jersey City.* Jersey City, which is located on the west bank of the
    Hudson River and has a growing population of 250,000, is at the
    crossroads of major transportation systems that serve over 600,000
    commuters daily.[^29] Its 841 police officers and 564 fire fighters
    and emergency medical technicians face considerable difficulty in
    obtaining quality wireless communications.[^30] On April 11, 2003,
    we granted a waiver request by Jersey City, pursuant to Section
    337(c) of the Act, to operate a public safety communications system
    on certain Part 22 paging frequencies.[^31] Jersey City proposes to
    construct a new trunked radio system that would provide pervasive
    coverage throughout the community.[^32] The system would have eight
    channel pairs and a mobile channel dedicated to voice, drawn from
    unassigned Part 22 frequencies, channels identified in Bayonne, Fort
    Lee, Melville, and Somerset's pending applications, and channels
    currently licensed to Fort Lee.[^33] As the requested frequencies
    are not designated for public safety use, Fort Lee seeks a waiver of
    Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the
    Commission's Rules, pursuant to Section 337(c) of the Act or,
    alternatively, Section 1.925 of the Commission's Rules.[^34]

7.  *Melville.* The Melville Fire District is the taxing district that
    supports the Melville Volunteer Fire Department, which provides
    firefighting and emergency medical services to Melville, New
    York.[^35] Melville is located in Suffolk County on Long Island, New
    York, in the southwest corner of the town of Huntington.[^36]
    Melville has a mix of residential, commercial, and industrial areas
    that bring the workday population over four hundred thousand.[^37]
    Melville's growth and expansion have required the construction of
    four new fire stations over the past five years, to respond to an
    increasing number of calls for assistance.[^38] To fulfill the
    communications requirements of its one hundred firefighters and
    emergency medical technicians, Melville has operated 25 mobile
    units, 88 portable units and 140 pagers on frequency pair
    471/474.2875 MHz, under Station WIG703 for the past twenty
    years.[^39] Melville states that its single UHF frequency pair is
    inadequate to meet its current needs, which include two-way
    communications between a dispatcher and mobile units, paging
    operations, and on-the-scene communications between mobile
    units.[^40] Melville requests two additional frequency pairs to
    handle multiple incidents, handle increasing number of alarms, and
    provide coverage throughout the fourteen-square-mile community and
    reach trauma hospital centers up to twenty-nine miles away.[^41] As
    the requested frequencies are not designated for public safety use,
    Melville seeks a waiver of Sections 22.621 and 22.651 of the
    Commission's Rules, pursuant to Section 337(c) of the Act or,
    alternatively, Section 1.925 of the Commission's Rules.[^42]

8.  *Somerset.* Somerset encompasses 305 square miles that includes 21
    boroughs and townships, and a population of 302,000 residents.[^43]
    Somerset currently maintains an antiquated public safety
    communications system consisting of a mixture of frequency bands and
    requiring the use of several different types of radio units.[^44]
    This mixture has prevented effective interoperability between
    Somerset and local public safety entities.[^45] Use of Somerset's
    current facilities is limited by co-channel and adjacent channel
    interference from neighboring users in the New York and Philadelphia
    areas.[^46] As a result, communications are unsuccessful during
    routine dispatch calls or heightened emergency situations.[^47]
    Further, the current radio facilities suffer from dead spots and
    inadequate building penetration.[^48] Somerset is the licensee of
    Station WPPB311, Somerville, New Jersey, operating on several Part
    22 frequencies for public safety communications.[^49] Somerset seeks
    to expand use of frequencies on the authorization for Station
    WPPB311 to countywide use.[^50] The Proposal adds to Somerset's
    request a frequency licensed to Jersey City and three unassigned
    frequencies. Somerset seeks a waiver of Sections 22.7, 22.653, and
    such other rules as may be necessary to grant the applications,
    pursuant to Section 337(c) of the Act or, alternatively, Section
    1.925 of the Commission's Rules.[^51]

9.  *Syosset*. Syosset, located near the north shore of Long Island, New
    York, is the parent agency to the all-volunteer Syosset Fire
    Department serving the communities of Syosset, Woodbury, part of
    Jericho, and the villages of Oyster Bay Cove, Laurel Hollow, and
    Muttontown.[^52] On August 18, 2003, we granted a waiver request by
    Syosset pursuant to Section 337(c) of the Act, to operate a public
    safety communications system on certain Part 22 paging
    frequencies.[^53] The new, trunked 12.5 kHz bandwidth system
    includes five standard frequency pairs and a single voice paging
    frequency currently designated for non-public safety use. When
    implemented, the system, as currently envisioned, would support 300
    mobiles, with 150 mobiles utilized by the District's firefighters
    and the remainder utilized by four neighboring fire and rescue
    districts in a consolidated system. Under the Proposal, Syosset
    would modify Station WPYJ816 by deleting frequency 479.1625 MHz,
    increasing its emission to 25 kHz on paging channel 470.1375 MHz,
    and adding unassigned frequency 479.0375 MHz.[^54]

10. On May 28, 2004, we released a *Public Notice* seeking comment on
    the Proposal.[^55] No comments were received, and the public safety
    agencies filed a reply comment urging the Commission's expeditious
    and positive consideration of the Proposal.[^56] On June 29, 2004,
    we released a second *Public Notice* seeking comment on amendments
    to the Proposal filed by Bayonne and Somerset.[^57] No comments or
    reply comments were received.

#  discussion

## Section 337(c) of the Act

11. Section 337(c) of the Act provides that we must waive any rules
    necessary to authorize entities providing public safety services to
    operate on unassigned non-public safety spectrum, if we make five
    specific findings:

-   public safety spectrum is not immediately available;

-   the proposed use will not cause harmful interference to protected
    spectrum users;

-   public safety use of the unassigned frequencies is consistent with
    public safety spectrum allocations in the geographic area;

-   the unassigned frequencies have been allocated for non-public safety
    use for more than two years; and

-   grant of the application is consistent with the public
    interest.[^58]

12. Under Section 337(f) of the Act, public safety services are services
    whose principal purpose is to protect the safety of life, health, or
    property, provided by governmental entities whose primary mission is
    the provision of such services, or by non-governmental entities
    authorized by such a governmental entity, and that are not made
    commercially available to the public.[^59] Based on the record
    before us, we find that Bayonne, Bergen, Fort Lee, Jersey City,
    Melville, Somerset, and Syosset are entities providing public safety
    services.[^60] We therefore move to examining whether the public
    safety agencies meet the statutory requirements supporting a waiver
    under Section 337(c) of the Act.

13. *Immediate availability of public safety spectrum.* We previously
    determined in connection with requests from Fort Lee,[^61] Jersey
    City,[^62] and Syosset[^63] that no other public safety spectrum is
    immediately available in this area. The seven public safety agencies
    contend that this is still the case.[^64] Based on the record before
    us, we concur with the public safety agencies' contentions and find
    that no other public safety spectrum is immediately available to
    satisfy the requested public safety service use.

14. *Technical feasibility of requested use without causing harmful
    interference*. By way of background, the public safety agencies'
    proposed frequencies are in the 470-480 MHz band, which is allocated
    on a geographically-shared basis with television broadcast
    stations.[^65] Sections 90.307 and 90.309 of our rules set forth the
    limitations on land mobile maximum effective radiated power, antenna
    height, and geographic location to provide adequate interference
    protection to television stations.[^66] Operation in the New York
    metropolitan area requires that 50 dB of protection be provided to
    television stations on channel 14 and 40 dB of protection be
    provided to television stations on channel 15.[^67] Based on the
    record before us[^68] and our analysis thereof, we conclude that the
    public safety agencies' proposed systems would protect all
    television stations that are entitled to protection from harmful
    interference.[^69]

15. In the New York metropolitan area, the Commission regulates the
    requested frequencies under Part 22 of its Rules.[^70] Specifically,
    the Commission has designated the 470 MHz and 476 MHz frequencies
    for point-to-multipoint transmitters used to support transmitters
    that provide public mobile service, *e.g.,* paging control.[^71] The
    Commission designated the 473 MHz and 479 MHz frequencies for
    trunked mobile operations, although the Commission has redesignated
    channels in this range to point-to-multipoint operation as demand
    decreases for trunked mobile operations.[^72] Based on the record
    before us and our analysis thereof, we conclude that the public
    safety agencies' proposed systems would protect existing public
    safety land mobile licensees and paging licensees from harmful
    interference.[^73] In addition, we have examined Syosset's request
    to increase the bandwidth on frequency 470.1375 MHz from 12.5 kHz to
    25 kHz, and determined that it will not cause harmful interference
    due to the absence of adjacent channel licensees and applicants.
    Accordingly, we believe the operational and technical parameters of
    the proposed systems meet the Commission's requirements for
    interference protection to incumbent public safety licensees.
    Further, we note that the public safety agencies have obtained
    concurrence from potentially affected paging licensees.[^74] We
    therefore find that public safety agencies' proposed systems are
    technically feasible and will not cause harmful interference to
    protected spectrum users.

16. *Public safety use of the frequencies is consistent with other
    public safety spectrum allocations in the geographic area.* We
    previously determined that public safety use of the 470-480 MHz band
    is consistent with other public safety allocations in the New
    York/New Jersey area.[^75] We therefore find that the use of the
    unassigned frequencies as set forth in the Proposal for the
    provision of the proposed public safety services is consistent with
    other allocations for the provision of such services in the
    geographic area for which the applications are made. Moreover,
    because other governmental agencies in the New York metropolitan
    area are using these frequencies, we believe that granting the
    request will promote interoperability capability among the public
    safety community in that region.

17. *The frequencies have been allocated for non-public safety use for
    more than two years.* The Commission allocated these frequencies for
    paging use in 1994.[^76] Thus, these frequencies have been allotted
    for their present use for more than two years.

18. *Granting these applications*[^77] *is consistent with the public
    interest.* Based upon the record in this proceeding, we believe the
    public safety agencies' filings demonstrate that they need access to
    additional spectrum in order to promote effective public safety
    communications. We believe that it would further the public interest
    by affording the public safety agencies access to additional radio
    spectrum in order to allow them to safely protect the lives and
    property in their care. Indeed, Section 1 of the Act defines one of
    the Commission's over-arching purposes as "promoting safety of life
    and property through the use of ... radio communication."[^78]
    Additionally, we find it significant that granting the instant
    request will promote interoperability capability among the public
    safety community in the New York metropolitan area. Moreover, grant
    of the Proposal will resolve several of the public safety agencies'
    applications that had been pending due to the possibility of
    co-channel or adjacent channel interference with each other or
    existing paging licensees. The resolution and grant of the
    applications will fulfill the public safety agencies' needs for more
    channel capacity and allow otherwise unused spectrum to be used for
    public safety communications. The Proposal promotes intense and
    efficient use of this scarce spectrum through frequency reuse where
    geographic separation permits and a systematic frequency assignment
    approach of standard, three-megahertz channel pairing.

## Implementing the Proposal

19. We note that several of the pending applications do not reflect the
    Proposal because the public safety agencies are awaiting approval of
    the Proposal before filing amendments or new applications. The
    following sections each contain two tables. The first table shows
    the frequency assignments as set forth in the Proposal. The second
    table shows what actions we will take regarding each frequency on
    the agency's pending application(s), as well as the amendments
    necessary to reflect the Proposal. In addition, we note, as an
    initial matter, two of the public safety agencies need to file
    modification applications to delete frequencies from existing
    station licenses. Against this backdrop, we conclude that it would
    be more prudent and efficient for all of the pending applications to
    be held in abeyance until all necessary amendments and applications
    have been filed.

### City of Bayonne

20. The Proposal, as amended,[^79] sets forth that Bayonne would be
    authorized on the frequencies listed in the table below, which
    provides the status of each frequency.

  -------------- --------------------- ---------------- -------------------
  **Base         **Present status**    **Mobile         **Present status**
  Frequency**                          Frequency**      

  470.0375 MHz   WPWS499 (Fort Lee),   473.0375 MHz     0001628636 (Jersey
                 0001535270 (Fort Lee)                  City), 0001523313
                                                        (Bayonne)

  470.1750 MHz   0001523313 (Bayonne)  473.1750 MHz     WPXI593 (Jersey
                                                        City), 0001628636
                                                        (Jersey City)

  470.2875 MHz   0001523313 (Bayonne)  473.2875 MHz     0001523313
                                                        (Bayonne)

  476.1250 MHz   0001523313 (Bayonne)  479.1250 MHz     0001523313
                                                        (Bayonne)

  476.1750 MHz   0000941858 (Bayonne)  479.1750 MHz     0000941858
                                                        (Bayonne)

  476.2000 MHz   0001523313 (Bayonne)  479.2000 MHz     0001523313
                                                        (Bayonne),
                                                        0000941858
                                                        (Bayonne)

  476.2500 MHz   0001523313 (Bayonne)  479.2500 MHz     0001523313
                                                        (Bayonne)
  -------------- --------------------- ---------------- -------------------

We will dismiss Jersey City's application 0001628636 in part with
respect to frequency 473.0375 MHz, so that it can be used by Bayonne.
Fort Lee and Jersey City will be expected to file applications to modify
their licenses for Stations WPWS499 and WPXI593, respectively, to allow
Bayonne's use of frequencies 470.0375 MHz and 473.1750 MHz.

21. As outlined in the table below, we will grant Bayonne's applications
    in part and dismiss them in part. In order to implement the
    Proposal, Bayonne must amend at least one of its applications to add
    frequencies designated for its use in the Proposal but not currently
    requested.

  ----------------- ----------------- ----------------- -----------------
  **Bayonne         **Bayonne         **Bayonne         **Action under
  proposal**        0001523313**      0000941858**      Proposal**

  **Base            **Base            **Base            
  frequency**       frequency**       frequency**       

  470.0375 MHz                                          Amendment to
                                                        either
                                                        application
                                                        required

  470.1750 MHz      470.1750 MHz                        Grant

  470.2875 MHz      470.2875 MHz                        Grant

  476.1250 MHz      476.1250 MHz                        Grant

  476.1750 MHz                        476.1750 MHz      Grant

  476.2000 MHz      476.2000 MHz                        Grant

  476.2500 MHz      476.2500 MHz                        Grant

                    470.0625 MHz                        Dismiss

                    470.1875 MHz                        Dismiss

                    470.2375 MHz                        Dismiss

                                      476.0500 MHz      Dismiss

                                      476.1500 MHz      Dismiss

                                                        

  **Mobile          **Mobile          **Mobile          
  frequency**       frequency**       frequency**       

  473.0375 MHz      473.0375 MHz                        Grant

  473.1750 MHz                                          Amendment to
                                                        either
                                                        application
                                                        required

  473.2875 MHz      473.2875 MHz                        Grant

  479.1250 MHz      479.1250 MHz                        Grant

  479.1750 MHz                        479.1750 MHz      Grant

  479.2000 MHz      479.2000 MHz      479.2000 MHz      Grant

  479.2500 MHz      479.2500 MHz                        Grant

                    473.0125 MHz                        Dismiss

                    473.0875 MHz                        Dismiss

                    473.1125 MHz                        Dismiss

                                      479.1500 MHz      Dismiss
  ----------------- ----------------- ----------------- -----------------

### County of Bergen

22. The Proposal sets forth that Bergen would be authorized on the
    frequencies listed in the table below, which provides the status of
    each frequency.

  -------------- --------------------- ---------------- -------------------
  **Base         **Present status**    **Mobile         **Present status**
  Frequency**                          Frequency**      

  470.2375 MHz   0001523313 (Bayonne), 473.2375 MHz     0001687496
                 0001593425                             (Bergen),
                 (Melville),                            0001593425
                 0001687496 (Bergen)                    (Melville)
  -------------- --------------------- ---------------- -------------------

That portion of Bayonne's application 0001523313 requesting frequency
470.2375 MHz will be dismissed to allow Bergen's use of the frequency,
but the frequency pair 470/473.2375 will be shared with Melville on the
basis of adequate distance separation and mutual concurrence.

23. As outlined in the table below, we will grant Bergen's application.

  ----------------------- ----------------------- -----------------------
  **Bergen proposal**     **Bergen 0001687496**   **Action under
                                                  Proposal**

  Base frequency          Base frequency MHz      

  470.2375 MHz            470.2375                Grant

                                                  

  **Mobile frequency**    **Mobile frequency**    

  473.2375 MHz            473.2375 MHz            Grant
  ----------------------- ----------------------- -----------------------

### Borough of Fort Lee

24. The Proposal sets forth that Fort Lee would be authorized on the
    frequencies listed in the table below, which provides the status of
    each frequency.

  -------------- --------------------- ---------------- -------------------
  **Base         **Present status**    **Mobile         **Present status**
  Frequency**                          Frequency**      

  \-\--          \-\--                 473.0125 MHz     0001523313
                                                        (Bayonne)

  470.0500 MHz   0001628636 (Jersey    473.0500 MHz     0001535270 (Fort
                 City), WPXI593                         Lee)
                 (Jersey City)                          

  470.1875 MHz   0001523313 (Bayonne)  473.1875 MHz     WPWS499 (Fort Lee),
                                                        0001535270 (Fort
                                                        Lee)

  470.2750 MHz   0001628636 (Jersey    473.2750 MHz     0001628636 (Jersey
                 City), WPXI593                         City), WPXI593
                 (Jersey City)                          (Jersey City)

  476.0500 MHz   0000941858 (Bayonne), 479.0500 MHz     0001535270 (Fort
                 0001535270 (Fort Lee)                  Lee)

  476.1000 MHz   0001535270 (Fort Lee) 479.1000 MHz     0001535270 (Fort
                                                        Lee)

  \-\--          \-\--                 479.1375 MHz     0001535270 (Fort
                                                        Lee), WPYJ816
                                                        (Syosset)

  476.2625 MHz   WPWS499 (Fort Lee),   479.2625 MHz     WPWS499 (Fort Lee),
                 0001535270 (Fort Lee)                  0001535270 (Fort
                                                        Lee)
  -------------- --------------------- ---------------- -------------------

We will dismiss Bayonne's application 0001523313 in part with respect to
frequencies 470.1875 MHz and 473.0125 MHz, and its application
0000941858 with respect to frequency 476.0500 MHz, so that the
frequencies can be used by Fort Lee. Jersey City will be expected to
file an application to modify its license for Station WPXI593 to allow
Fort Lee's use of frequencies 470.0500 MHz and 470/473.2750 MHz.
Frequency 479.1375 MHz would be shared with Syosset on the basis of
adequate geographic separation and mutual concurrence.

25. As outlined in the table below, we will grant Fort Lee's application
    in part and dismiss it in part.[^80] In order to implement the
    Proposal, Fort Lee must amend its application to add frequencies
    designated for its use in the Proposal but not currently requested.
    In addition, Fort Lee must file an application to modify its license
    for Station WPWS499 to delete frequencies 470.0375, 470.1125,
    470.2625, 473.1625, and 473.2625 MHz so that other public safety
    entities may be licensed on these frequencies, consistent with the
    Proposal.

  ----------------------- ----------------------- -----------------------
  **Fort Lee proposal**   **Fort Lee 0001535270** **Action under
                                                  Proposal**

  **Base frequency**      **Base frequency**      

  470.0500 MHz                                    Amendment required

  470.1875 MHz                                    Amendment required

  470.2750 MHz                                    Amendment required

  476.0500 MHz            476.0500 MHz            Grant

  476.1000 MHz            476.1000 MHz            Grant

  476.2625 MHz            476.2625 MHz            Grant

                          470.0375 MHz            Dismiss

                          470.1125 MHz            Dismiss

                          470.2625 MHz            Dismiss

                                                  

  **Mobile frequency**    **Mobile frequency**    

  473.0500 MHz            473.0500 MHz            Grant

  473.1875 MHz            473.1875 MHz            Grant

  473.2750 MHz                                    Amendment required

  479.0500 MHz            479.0500 MHz            Grant

  479.1000 MHz            479.1000 MHz            Grant

  479.2625 MHz            479.2625 MHz            Grant

  473.0125 MHz                                    Amendment required

                          473.1625 MHz            Dismiss

                          473.2625 MHz            Dismiss
  ----------------------- ----------------------- -----------------------

### Jersey City Police Department

26. The Proposal, as amended,[^81] sets forth that Jersey City would be
    authorized on the frequencies listed in the table below, which
    provides the status of each frequency.

  -------------- --------------------- ---------------- -------------------
  **Base         **Present status**    **Mobile         **Present status**
  Frequency**                          Frequency**      

  470.0625 MHz   0001523313 (Bayonne), 473.0625 MHz     0001593425
                 0001593425 (Melville)                  (Melville)

  470.1125 MHz   0001535270 (Fort      473.1125 MHz     0001523313
                 Lee), WPWS499 (Fort                    (Bayonne)
                 Lee)                                   

  \-\--          \-\--                 473.2125 MHz     0001628636 (Jersey
                                                        City)

  470.2625 MHz   0001535270 (Fort      473.2625 MHz     0001535270 (Fort
                 Lee), WPWS499 (Fort                    Lee), WPWS499 (Fort
                 Lee)                                   Lee)

  476.0250 MHz   0001628636 (Jersey    479.0250 MHz     0001628636 (Jersey
                 City)                                  City)

  476.0875 MHz   WPXI593 (Jersey       479.0875 MHz     0001196273
                 City), 0001628636                      (Somerset),
                 (Jersey City)                          0001196472
                                                        (Somerset)

  476.1500 MHz   0000941858 (Bayonne)  479.1500 MHz     0000941858
                                                        (Bayonne)

  476.2250 MHz   0001628636 (Jersey    479.2250 MHz     WPXI593 (Jersey
                 City)                                  City), 0001628636
                                                        (Jersey City)

  476.2750 MHz   WPXI593 (Jersey       479.2750 MHz     WPXI593 (Jersey
                 City), 0001628636                      City), 0001628636
                 (Jersey City)                          (Jersey City)
  -------------- --------------------- ---------------- -------------------

We will dismiss Bayonne's application 0001523313 in part with respect to
frequencies 470.0625 MHz and 473.1125 MHz, and its application
0000941858 with respect to frequency pair 476/479.1500 MHz; Melville's
application 00001593425 with respect to frequency pair 470/473.0625 MHz;
Fort Lee's application 00001535270 with respect to frequency pair
470/473.2625 MHz; and Somerset's applications 0001196273 and 0001196472
with respect to frequency 470.0875, so that the frequencies can be used
by Jersey City. Fort Lee will be expected to file an application to
modify its license for Station WPWS499 to allow Jersey City's use of
frequencies 470.1125 MHz and 470/473.2625 MHz.

27. As outlined in the table below, we will grant Jersey City's
    application in part and dismiss it in part.[^82] In order to
    implement the Proposal, Jersey City must amend its application to
    add frequencies designated for its use in the Proposal but not
    currently requested. In addition, Jersey City must file an
    application to modify its license for Station WPXI593 to delete
    frequencies 470.0500, 470.2750, 473.1750, 473.2000, and 473.2750 MHz
    so that other public safety entities may be licensed on these
    frequencies, consistent with the Proposal.

  ----------------------- ----------------------- -----------------------
  **Jersey City           **Jersey City           **Action under
  proposal**              0001628636**            Proposal**

  **Base frequency**      **Base frequency**      

  470.0625 MHz                                    Amendment required

  470.1125 MHz                                    Amendment required

  470.2625 MHz                                    Amendment required

  476.0250 MHz            476.0250 MHz            Grant

  476.0875 MHz            476.0875 MHz            Grant

  476.1500 MHz                                    Amendment required

  476.2250 MHz            476.2250 MHz            Grant

  476.2750 MHz            476.2750 MHz            Grant

                          470.0500 MHz            Dismiss

                          470.2500 MHz            Dismiss

                          470.2750 MHz            Dismiss

                          473.0375 MHz (D)        Grant request to delete

                                                  

  **Mobile frequency**    **Mobile frequency**    

  473.0625 MHz                                    Amendment required

  473.1125 MHz                                    Amendment required

  473.2625 MHz                                    Amendment required

  479.0250 MHz            479.0250 MHz            Grant

  479.0875 MHz                                    Amendment required

  479.1500 MHz                                    Amendment required

  479.2250 MHz            479.2250 MHz            Grant

  479.2750 MHz            479.2750 MHz            Grant

  473.2125 MHz            473.2125 MHz            Grant

                          473.1750 MHz            Dismiss

                          473.2000 MHz            Dismiss

                          473.2750 MHz            Dismiss

                          476.0375 MHz (D)        Grant request to delete
  ----------------------- ----------------------- -----------------------

### Melville Fire District

28. The Proposal sets forth that Melville would be authorized on the
    frequencies listed in the table below, which provides the status of
    each frequency.

+--------------+-------------------+---------------+------------------+
| **Base       | **Present         | **Mobile      | **Present        |
| Frequency**  | status**          | Frequency**   | status**         |
+--------------+-------------------+---------------+------------------+
| 470.1625 MHz | 0001593425        | 473.1625 MHz  | 0001535270,      |
|              | (Melville)        |               | WPWS499 (Fort    |
|              |                   |               | Lee), 0001593425 |
|              |                   |               | (Melville)       |
+--------------+-------------------+---------------+------------------+
| 470.2375 MHz | 0001523313        | 473.2375 MHz  | 0001593425       |
|              | (Bayonne),        |               | (Melville),      |
|              | 0001593425        |               |                  |
|              | (Melville),       |               | 0001687496       |
|              |                   |               | (Bergen)         |
|              | 0001687496        |               |                  |
|              | (Bergen)          |               |                  |
+--------------+-------------------+---------------+------------------+

We will dismiss Bayonne's application 0001523313 in part with respect to
frequency 470.2375 MHz so that the frequency can be used by Melville.
Frequency pair 470/473.2375 MHz will be shared with Bergen on the basis
of distance separation and mutual concurrence. Fort Lee will be expected
to file an application to modify its license for Station WPWS499 to
allow Melville's use of frequency 473.1625 MHz.

29. As outlined in the table below, we will grant Melville's application
    in part and dismiss it in part.

  ----------------------- ----------------------- -----------------------
  **Melville proposal**   **Melville 0001593425** **Action under
                                                  Proposal**

  **Base frequency**      **Base frequency**      

  470.1625 MHz            470.1625 MHz            Grant

  470.2375 MHz            470.2375 MHz            Grant

                          470.0625 MHz            Dismiss

                                                  

  **Mobile frequency**    **Mobile frequency**    

  473.1625 MHz            473.1625 MHz            Grant

  473.2375 MHz            473.2375 MHz            Grant

                          473.0625 MHz            Dismiss
  ----------------------- ----------------------- -----------------------

### County of Somerset

30. The Proposal, as amended[^83] and corrected,[^84] sets forth that
    Somerset would be authorized on the frequencies listed in the table
    below, which provides the status of each frequency.

  -------------- -------------------- --------------- --------------------
  **Base         **Present status**   **Mobile        **Present status**
  Frequency**                         Frequency**     

  \-\--          \-\--                473.0250 MHz    0001196273,
                                                      0001196472
                                                      (Somerset)

  470.1375 MHz   WPPB311 (Somerset)   \-\--           \-\--

  \-\--          \-\--                473.2000 MHz    0001628636 (Jersey
                                                      City), WPXI593
                                                      (Jersey City)

  \-\--          \-\--                473.2250 MHz    0001196273,
                                                      0001196472
                                                      (Somerset)

  476.0125 MHz   WPPB311, 0001196273, 479.0125 MHz    WPPB311, 0001196273,
                 0001196472                           0001196472
                 (Somerset)                           (Somerset)

  476.0625 MHz   WPPB311, 0001196273, 479.0625 MHz    WPPB311, 0001196273,
                 0001196472                           0001196472
                 (Somerset)                           (Somerset)

  \-\--          \-\--                479.1125 MHz    0001196273
                                                      (Somerset),
                                                      0001196472
                                                      (Somerset)

  \-\--          \-\--                479.2375 MHz    WPPB311, 0001196273,
                                                      0001196472
                                                      (Somerset), WPYJ816
                                                      (Syosset)

  \-\--          \-\--                479.2875 MHz    WPPB311, 0001196273,
                                                      0001196472
                                                      (Somerset), WPYJ816
                                                      (Syosset)
  -------------- -------------------- --------------- --------------------

Jersey City will be expected to file an application to modify its
license for Station WPXI593 to allow Somerset's use of frequency
473.2000 MHz. Frequencies 479.2375 and 479.2875 MHz are currently shared
with Syosset and would continue to be shared on the basis of adequate
geographic separation and mutual concurrence.

31. As outlined in the table below, we will grant Somerset's
    applications in part and dismiss them in part. In order to implement
    the Proposal, Somerset must amend its applications to add the
    frequency designated for its use in the Proposal but not currently
    requested.

  ----------------- ----------------- ----------------- -----------------
  **Somerset        **Somerset        **Somerset        **Action under
  proposal**        0001196273**      0001196472**      Proposal**

  **Base            **Base            **Base            
  frequency**       frequency**       frequency**       

  470.1375 MHz      470.1375 MHz      470.1375 MHz      Grant

  476.0125 MHz      476.0125 MHz      476.0125 MHz      Grant

  476.0625 MHz      476.0625 MHz      476.0625 MHz      Grant

                                                        

  **Mobile          **Mobile          **Mobile          
  frequency**       frequency**       frequency**       

  479.0125 MHz      479.0125 MHz      479.0125 MHz      Grant

  479.0625 MHz      479.0625 MHz      479.0625 MHz      Grant

  473.0250 MHz      473.0250 MHz      473.0250 MHz      Grant

  473.2000 MHz                                          Amendment to both
                                                        applications
                                                        required

  473.2250 MHz      473.2250 MHz      473.2250 MHz      Grant

  479.1125 MHz      479.1125 MHz      479.1125 MHz      Grant

  479.2375 MHz      479.2375 MHz      479.2375 MHz      Grant

  479.2875 MHz      479.2875 MHz      479.2875 MHz      Grant

                    473.0625 MHz (D)  473.0625 MHz (D)  Grant request to
                                                        delete

                    479.0875 MHz      479.0875 MHz      Dismiss
  ----------------- ----------------- ----------------- -----------------

### Syosset Fire District

32. The Proposal sets forth that Syosset would be authorized on the
    frequencies listed in the table below, which provides the status of
    each frequency.

  -------------- -------------------- --------------- --------------------
  **Base         **Present status**   **Mobile        **Present status**
  Frequency**                         Frequency**     

  470.1375 MHz   WPYJ816 (Syosset)    \-\--           \-\--

  476.0375 MHz   WPYJ816 (Syosset)    479.0375 MHz    0001728433 (Syosset)

  476.1375 MHz   WPYJ816 (Syosset)    479.1375 MHz    WPYJ816 (Syosset),
                                                      0001535270 (Fort
                                                      Lee)

  476.1875 MHz   WPYJ816 (Syosset)    476.1875 MHz    WPYJ816 (Syosset)

  476.2375 MHz   WPYJ816 (Syosset)    479.2375 MHz    WPYJ816 (Syosset),
                                                      WPPB311, 0001196273,
                                                      0001196472
                                                      (Somerset)

  476.2875 MHz   WPYJ816 (Syosset)    479.2875 MHz    WPYJ816 (Syosset),
                                                      WPPB311, 0001196273,
                                                      0001196472
                                                      (Somerset)
  -------------- -------------------- --------------- --------------------

Frequencies 479.2375 and 479.2875 MHz are currently shared with Somerset
and would continue to be shared on the basis of adequate geographic
separation and mutual concurrence. Similarly, frequency 479.1375 MHz
would be shared with Fort Lee on the basis of adequate geographic
separation and mutual concurrence.

33. As outlined in the table below, we will grant Syosset's application.

  ----------------------- ----------------------- -----------------------
  **Syosset proposal**    **Syosset 0001728433**  **Action under
                                                  Proposal**

  **Base frequency**      **Base frequency**      

  470.1375 MHz (change to 470.1375 MHz (change to Grant
  wideband)               wideband)               

                                                  

  **Mobile frequency**    **Mobile frequency**    

  479.0375 MHz            479.0375 MHz            Grant
  ----------------------- ----------------------- -----------------------

# conclusion

34. We find that the public safety agencies' requests satisfy the
    criteria set forth under Section 337(c) of the Act to obtain grant
    of the waiver requests associated with the applications, consistent
    with the Proposal, as amended, to operate public safety
    communications systems on frequencies in the 470-480 MHz band. In
    addition, we find that the Proposal presents an acceptable plan for
    resolving the pending applications and waiver requests. Therefore,
    we grant the public safety agencies' requests for waiver of Sections
    22.7, 22.501, 22.621, 22.651, 90.303, and 90.311 of our Rules,[^85]
    and approve the Proposal, as amended, subject to the public safety
    agencies filing the necessary amendments or applications to reflect
    the assignments in the Proposal so that the pending applications can
    be processed consistent with this *Order*. We will take no action on
    any of the pending applications until Bayonne, Fort Lee, Jersey
    City, and Somerset amend their applications to reflect the
    assignments set forth in the Proposal, and Fort Lee and Jersey City
    file applications to modify their licenses for Stations WPWS499 and
    WPXI593, respectively, to be consistent with the Proposal, the
    applicable Commission Rules, and this *Order*.

# Ordering Clauses 

35. Accordingly, **IT IS ORDERED** that, pursuant to Sections 4(i) and
    337(c) of the Communications Act of 1934, as amended, 47 U.S.C. §§
    154(i), 337(c), the requests for waiver, as amended, of Sections
    22.7, 22.501, 22.621, 22.651, 90.303, and 90.311 of the Commissions
    Rules, 47 C.F.R. §§ 22.7, 22.501, 22.621, 22.651, 90.303, and
    90.311, associated with the captioned applications filed by the City
    of Bayonne, New Jersey, the County of Bergen, New Jersey, the
    Borough of Fort Lee, New Jersey, the Jersey City, New Jersey Police
    Department, the Melville, New York Fire District, the County of
    Somerset, New Jersey and the Syosset, New York Fire District for
    public safety services as requested in the captioned applications
    **ARE GRANTED.**

36. **IT IS FURTHER ORDERED** that, pursuant to Sections 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), the
    Proposal of the City of Bayonne, New Jersey, the County of Bergen,
    New Jersey, the Borough of Fort Lee, New Jersey, the Jersey City,
    New Jersey Police Department, the Melville, New York Fire District,
    the County of Somerset, New Jersey and the Syosset, New York Fire
    District to Use Part 22 Paging Frequencies and to Transfer
    Frequencies For Purposes of Improving Each Agency's Public Safety
    Communications System, filed on April 14, 2004, and subsequent
    amendments, **IS APPROVED.**

37. **IT IS FURTHER ORDERED** that, pursuant to Sections 4(i) and 337(c)
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    337(c), FCC File Nos. 0000941858, 0001523313, 0001687496,
    0001535270, 0001628636, 0001593425, 0001196273, 0001196472, and
    0001728433 **SHALL BE PROCESSED** consistent with this *Order* and
    the Commission's Rules.

38. 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]: Proposal of the City of Bayonne, New Jersey, the County of Bergen,
    New Jersey, the Borough of Fort Lee, New Jersey, the Jersey City,
    New Jersey Police Department, the Melville, New York Fire District,
    the County of Somerset, New Jersey and the Syosset, New York Fire
    District to Use Part 22 Paging Frequencies and to Transfer
    Frequencies For Purposes of Improving Each Agency's Public Safety
    Communications System (filed Apr. 14, 2004) (Proposal).

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

[^3]: FCC File No. 0001523313, Request for Waiver, filed by the City of
    Bayonne on November 20, 2003 (Bayonne 2003 Request) at 2.

[^4]: *Id*.

[^5]: *Id*. at 2-3. Bayonne employs 245 police officers and
    approximately 200 firefighters to help fight crime and fulfill other
    public safety needs.

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

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

[^8]: *Id*.

[^9]: *Id*. at 8.

[^10]: *Id*.

[^11]: *Id*.

[^12]: *Id*. at 9.

[^13]: *Id*.

[^14]: *Id*.

[^15]: 47 C.F.R. §§ 22.501, 22.621, 90.303. Section 22.501 defines the
    scope of the licensing and operation of the public paging and
    radiotelephone service. Section 22.621 requires the use of
    point-to-multipoint operation on six of the requested frequencies.
    Section 90.303 provides frequencies available for assignment to land
    mobile systems, referring to Section 90.311, which excludes
    frequencies in the 470-512 MHz range from assignment to private land
    mobile radio applicants if the frequencies are allocated for
    services under Part 22.

[^16]: Bayonne 2003 Request at 1.

[^17]: FCC File No. 0001687496, Request to Transfer and Application and
    Waiver Request, filed by the County of Bergen on April 19, 2004
    (Bergen Request) at 5-6.

[^18]: *Id*. at 6.

[^19]: *Id*.

[^20]: *Id*.

[^21]: 47 C.F.R. §§ 22.7, 22.501, 22.621, 22.651, 90.311. Section 22.7
    limits eligibility to operate on Part 22 frequencies to common
    (*i.e.,* commercial) carriers. Section 22.651 requires the use of
    trunked mobile operations on the other five frequencies requested.
    *But see* 47 C.F.R. § 22.655 (The FCC is redesignating public mobile
    channels in the 450-470 MHz range from trunked mobile operation to
    point-to-multipoint operation as the demand for trunked mobile
    service decreases). Sections 22.501, 22.621 and 90.311 are described
    in n. 29 *supra*.

[^22]: Bergen Request at 5.

[^23]: *See* FCC File No. 0000618828, Waiver Request, filed by Borough
    of Fort Lee on October 5, 2001 (Fort Lee 2001 Request) at 2.

[^24]: *Id*.

[^25]: *See* Borough of Fort Lee, New Jersey, *Order*, 17 FCC Rcd 26296
    (WTB PSPWD 2002) (*Fort Lee Order*). The *Order* granted Fort Lee
    use of frequencies 470.0375 MHz/473.1875 MHz, 470.1125 MHz/473.1625
    MHz, 470.2625 MHz/473.2625 MHz, and 476.2625 MHz/479.2625 MHz. Fort
    Lee maintains that representations made in the Fort Lee 2001 Request
    remain in effect and are made part of the current request. FCC File
    No. 0001535270, Request to Transfer and Application and Waiver,
    filed by the Borough of Fort Lee on March 3, 2004 (Fort Lee 2004
    Request) at 6.

[^26]: Fort Lee 2004 Request at 6-7.

[^27]: *Id*. at 7.

[^28]: *Id*. at 5.

[^29]: *See* FCC File No. 0000472841, Request for Waiver, filed by
    Jersey City Police Department on May 24, 2001, (Jersey City 2001
    Request) at 2.

[^30]: FCC File No. 0001628636, Request to Transfer and Application and
    Waiver, filed by the Jersey City Police Department on March 5, 2004,
    (Jersey City Request) at 7.

[^31]: *See* Jersey City Police Department, *Order*, 18 FCC Rcd 6576
    (WTB PSPWD 2003) (*Jersey City Order*). The *Order* granted Jersey
    City use of frequencies 470.0500 MHz/473.1750 MHz, 470.2500
    MHz/473.2000 MHz, 470.2750 MHz/473.2750 MHz, 476.2750 MHz/479.2750
    MHz, and 476.0875 MHz/479.2250 MHz. Jersey City maintains that
    representations made in the Jersey City 2001 Request remain in
    affect and are made part of the current request. Jersey City 2004
    Request at 6.

[^32]: Jersey City 2004 Request at 7.

[^33]: *Id*.

[^34]: *Id*. at 5.

[^35]: FCC File No. 0001593425, Request for Waiver, filed by Melville
    Fire District on January 23, 2004 (Melville Request) at 2.

[^36]: *Id*.

[^37]: *Id*.

[^38]: *Id*. at 3.

[^39]: *Id*. at 2-3. Melville also uses several 46 MHz frequencies under
    Station KEE488, but these are dedicated to a countywide system.
    *Id*. at 3.

[^40]: *Id*. at 3-4.

[^41]: *Id*. at 4.

[^42]: *Id*. at 1.

[^43]: *See* FCC File Nos. 0001196273 and 0001196472, Request for
    Waiver, dated December 23, 2002, filed by the County of Somerset on
    February 12, 2003, (Somerset 2003 Request) at 1.

[^44]: *Id*. at 2.

[^45]: *Id*.

[^46]: *Id*.

[^47]: *Id*. at 2-3.

[^48]: *Id*. at 3.

[^49]: Station WPPB311 was licensed on October 1, 1999.

[^50]: FCC File Nos. 0001196273 and 0001196472, Supplement to Request
    for Waiver, filed by the County of Somerset on November 10, 2003, at
    1.

[^51]: Somerset 2003 Request at 1.

[^52]: FCC File No. 0001314863, Request for Waiver, filed by Syosset
    Fire District on May 16, 2003 (Syosset 2003 Request) at 2.

[^53]: *See* Syosset Fire District, *Memorandum Opinion and Order*, 18
    FCC Rcd 16635 (WTB PSPWD 2003). The *Memorandum Opinion and Order*
    granted Syosset use of frequencies 476.0375/479.1625 MHz,
    476/479.1375 MHz, 476/479.1875 MHz, 476/479.2375 MHz, 476/479.2875
    MHz, and 470.1375 MHz

[^54]: FCC File No. 0001728433, Description of Application to Modify
    WPYJ816, filed by the Syosset Fire District on May 7, 2004 (Syosset
    Modification) at 1. Syosset requests increasing its emission to 25
    kHz on paging channel 470.1375 MHz because it contemplates employing
    paging receivers that operate at 25 kHz bandwidth. Syosset notes
    that there are no nearby 12.5 kHz adjacent channel licensees and no
    new co-channel licensees have been granted since Syosset was granted
    on the channel. *Id*. at 1-2.

[^55]: *See* Wireless Telecommunications Bureau Seeks Comment on Request
    for Waiver by the City of Bayonne, New Jersey, the County of Bergen,
    New Jersey, the Borough of Fort Lee, New Jersey, the Jersey City,
    New Jersey Police Department, the Melville, New York Fire District,
    the County of Somerset, New Jersey and the Syosset, New York Fire
    District, *Public Notice*, 19 FCC Rcd 9873 (WTB PSCID 2004).
    Comments were due June 7, 2004, and reply comments were due June 14,
    2004.

[^56]: *See* Reply Comment of the City of Bayonne, New Jersey, the
    County of Bergen, New Jersey, the Borough of Fort Lee, New Jersey,
    the Jersey City, New Jersey Police Department, the Melville, New
    York Fire District, the County of Somerset, New Jersey and the
    Syosset, New York Fire District (filed June 14, 2004).

[^57]: *See* Wireless Telecommunications Bureau Seeks Comment on
    Amendments by the City of Bayonne, New Jersey, and the County of
    Somerset, New Jersey to Proposal Submitted by Seven Public Safety
    Agencies, *Public Notice*, DA 04-1921 (WTB PSCID rel. June 29,
    2004). Comments were due July 7, 2004, and reply comments were due
    July 14, 2004. *See also* City of Bayonne New Jersey, Application to
    Amend Pending License Application, FCC File Numbers 0000941858 and
    0001523313, prepared by SSI Services, Inc., dated June 10, 2004
    (Bayonne June 2004 Amendment); Somerset County, New Jersey,
    Application to Amend Pending License Application, FCC File Numbers
    0001196273 and 0001196472, prepared by SSI Services, Inc., dated
    June 10, 2004 (Somerset June 2004 Amendment).

[^58]: *See* 47 U.S.C. § 337(c).

[^59]: *See* 47 U.S.C. § 337(f).

[^60]: *See* Nassau County Police Department, *Memorandum Opinion and
    Order*, 17 FCC Rcd 14252, 14258 ¶ 11 (2002).

[^61]: *See Fort Lee Order*, 17 FCC Rcd at 26300 ¶ 9.

[^62]: *See Jersey City Order*, 18 FCC Rcd at 6581 ¶ 9.

[^63]: *See* Syosset Fire District, *Memorandum Opinion and Order*, 18
    FCC Rcd 16635, 16639 ¶ 8 (WTB PSPWD 2003) (*Syosset Order*).

[^64]: *See* Bayonne 2003 Request at 12; Bergen Request at 7-8; Fort Lee
    Request at 8; Jersey City Request at 8-9; Melville Request at 8-11;
    Somerset 2003 Request at 7-8; Syosset 2003 Request at 10-12.

[^65]: Frequencies in the 470-512 MHz band, normally assigned to UHF
    Television channels 14 through 20, were made available for land
    mobile radio use in 11 cities in the early 1970s in the \"UHF-TV
    Sharing\" proceeding. *See* Land Mobile Use of TV Channels 14
    through 20, Docket No. 18261, *Report and Order*, 23 FCC 2d 325
    (1970).

[^66]: 47 C.F.R. §§ 90.307, 90.309.

[^67]: *Id*.

[^68]: *See* FCC File No. 000941858, Analysis of Frequency Availability,
    prepared by Vogel Consulting Group, Inc., dated April 2002 at 7-12
    (Bayonne Vogel Analysis); Bergen Request at 8; FCC File No.
    0001535270, Letter dated February 27, 2004 from Emil Vogel, Vogel
    Consulting Group, Inc. to FCC, Public Safety and Critical
    Infrastructure Division \[Fort Lee\]; FCC File No. 0000618828,
    Analysis of Frequency Availability, prepared by Vogel Consulting
    Group, Inc., dated August 2001 at 5-6 (Fort Lee Vogel Analysis); FCC
    File No. 0001628636, Amended Analysis of Frequency Availability,
    prepared by Vogel Consulting Group, Inc., dated May 10, 2002 at 4-5
    (Jersey City Vogel Analysis); Melville Request at 11-12 and Appendix
    B; Integrated Radio Design Report wit Part 22 Frequency Availability
    and Related Channel Use Study and Appendices, prepared by SSI
    Services, Inc. at 9 (Somerset SSI Report); FCC File No. 0001314863,
    Analysis of Frequency Availability, prepared by Vogel Consulting
    Group, Inc., dated April 2003 at 7 (Syosset Vogel Analysis).

[^69]: We observe that the public safety agencies' proposed operations
    protect all TV stations identified in the Commission's publication
    identified in Section 90.307(e) of our Rules, "TV Stations to be
    Considered in the Preparation of Applications for Land Mobile
    Facilities in the Band 460-512 MHz." *See* Private Land Mobile
    Operations in the 470-512 MHz Band, *Public Notice*, No. 20291 (rel.
    Oct. 22, 1991).

[^70]: 47 C.F.R. § 22.1 *et. seq.*

[^71]: *See* 47 C.F.R. §§ 22.621, 22.627.

[^72]: *See* 47 C.F.R. §§ 22.621, 22.651, 22.655.

[^73]: *See* Proposal at 3-5, 8-12; Bayonne Vogel Analysis at 7-12; FCC
    File No. 0001523313, Technical Feasibility Report, prepared by SSI
    Services, Inc., dated November 14, 2003 (Bayonne SSI Analysis);
    Bayonne June 2004 amendment; Bergen Request at 8; Fort Lee Vogel
    Analysis at 6-7; Jersey City Vogel Analysis at 6-11; Melville
    Request at 10; Somerset SSI Report at 9; Syosset Modification at 1.

[^74]: *See* Letter dated November 11, 2003 from Joseph F. Mullin, Vice
    President of Engineering, Arch Wireless, to Emil Vogel, Vogel
    Consulting Group, Inc. (Bayonne proposes to operate on frequency
    476.1750 MHz, adjacent to Arch Wireless Station KPD955, Blooming
    Grove, New York, on frequency 476.1625 MHz;); Letter dated June 4,
    2004 from Joseph F. Mullin, Vice President of Engineering, Arch
    Wireless, to Emil Vogel, Vogel Consulting Group, Inc. (Jersey City
    proposes to operate on frequency 476.1500 MHz, adjacent to Arch
    Wireless Station KPD955 on frequency 476.1625 MHz).

[^75]: *Syosset Order*, 18 FCC Rcd at 18640 ¶ 10; *Jersey City Order*,
    18 FCC Rcd at 6582 ¶ 11; *Fort Lee Order*, 17 FCC Rcd at 26301 ¶ 11.

[^76]: *See* Revision of Part 22 of the Commission's Rules Governing the
    Public Mobile Services, CC Docket 92-115, *Report and Order*, 9 FCC
    Rcd 6513 (1994).

[^77]: As discussed *infra*, some of the pending applications will be
    granted in part and dismissed in part, in order to reflect the
    Proposal.

[^78]: 47 U.S.C. § 151.

[^79]: *See* Bayonne June 2004 Amendment.

[^80]: Fort Lee's application, FCC File No. 0001535270, contains
    requests for two frequencies, 482.0500 and 482.1000 MHz, which are
    allocated for Part 90 use. These requests shall be processed in
    accordance with the Commission's rules.

[^81]: FCC File No. 0001628636, Amendment to Application and Waiver
    Request, dated May 6, 2004, filed by the Jersey City Police
    Department on May 14, 2004. The amendment added a request for
    frequency 476.2250 MHz.

[^82]: Jersey City's application, FCC File No. 0001628636, contains a
    request for a frequency, 482.0250 MHz, which is allocated for Part
    90 use. This request shall be processed in accordance with the
    Commission's rules.

[^83]: *See* Somerset June 2004 Amendment.

[^84]: *See* FCC File Numbers 0001196273 and 0001196472, Somerset
    County, New Jersey, Application to Amend Pending License
    Application, prepared by SSI Services, Inc., dated June 30, 2004 and
    filed July 1, 2004 (Somerset July 2004 Amendment). This filing
    corrects errors in the frequency list section of the Somerset June
    2004 amendment.

[^85]: In view of the conclusion that grants of waivers for the public
    safety agencies are warranted under Section 337(c) of the Act, we
    need not reach the question of whether the public safety agencies'
    waiver requests should be granted under Section 1.925(b)(3) of the
    Commission's Rules.