Before the

**Federal Communications Commission**

# Washington, D.C. 20554

In Re Application of )

)

CITY OF TUCSON, ARIZONA ) File No. A042230

)

Request for Waiver and Application for )

Authorization to Operate on an Exclusive )

Basis on Additional 800 MHz Channels in )

the Tucson area )

# ORDER

## Adopted: April 25, 2000 Released: April 27, 2000

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

### I. INTRODUCTION {#i.-introduction .unnumbered}

I.  

1\. On July 6, 1999, the City of Tucson (Tucson) filed a request for
waiver (Waiver Request) of Sections 90.623(a) and 90.625(a) of the
Commission's Rules[^1] to permit it to use, on an exclusive basis, ten
additional conventional 800 MHz channels for mobile data operations in
the Tucson area.[^2] Subsequently, on August 13, 1999, Tucson filed an
associated application.[^3] For the reasons discussed herein, we grant
the Waiver Request.

# II. BACKGROUND

2.  Currently, Tucson operates a nine-channel conventional 800 MHz
    system which it uses for computer-aided dispatch operations.[^4]
    Tucson's current mobile data system uses frequency agility
    architecture which enables a mobile unit to search out and lock onto
    a new base station channel as it leaves the coverage area of a
    particular channel and the signal quality

deteriorates.[^5] Tucson wants to expand its operations by adding ten
additional channels[^6] to support such mobile data functions as
electronic mail; display of maps, blueprints and digital fingerprints;
mug shots; and the filing of incident reports from the field.[^7] Tucson
states that it needs the larger bandwidth afforded by the additional
channels for transmitting IP-based text and graphics.[^8] Tucson further
states that it needs the additional channels to be authorized in the
conventional mode rather than in the trunking mode because trunking is
not the most efficient solution for a data-only system with heavy
throughput requirements.[^9] Tucson represents that mobile data loading
for the subject channels would be a minimum of 650 units at the time of
license grant and at least 950 mobile units in five years.[^10]

3\. Section 90.623(a) of the Commission's Rules provides that a licensee
may not be assigned more than five conventional 800 MHz channels in a
given area.[^11] Section 90.625(a) of the Commission's Rules provides
that a conventional 800 MHz system must have seventy mobile stations per
channel in order for the channel to be assigned for a licensee's
exclusive use.[^12] Thus, Tucson requests a waiver of Section 90.623(a)
in order to obtain ten new conventional channels in the Tucson area and
a waiver of Section 90.625(a) in order to have exclusive operation on
the additional channels. Tucson's Waiver Request was placed on public
notice on January 18, 2000.[^13] No comments were filed.

# III. DISCUSSION

4\. Section 1.925 of the Commission's Rules requires a party seeking
waiver of specific rule requirements to demonstrate either that (a) the
underlying purpose of the rule will not be served or would be frustrated
by application to the instant case, and that a grant of the waiver is in
the public interest; or (b) in view of unique or unusual factual
circumstances of the instant case, application of the rule would be
inequitable, unduly burdensome or otherwise contrary to the public
interest, or the applicant has no reasonable alternative.[^14] For the
reasons discussed below, we conclude that Tucson has made the requisite
showing that a waiver of Sections 90.623(a) and 90.625(a) is warranted.

5.  We find that the underlying purpose of the rules would not be served
    by their application to the instant case. The purpose of the
    five-channel limit for conventional systems is to encourage trunked
    operations, which generally yield greater spectrum efficiency.[^15]
    The Commission was concerned that, without such a limit, applicants
    would request more channels than they needed, resulting in licensed
    channels going unused while subsequent applicants were denied
    frequencies.[^16] Similarly, the purpose of loading requirements is
    to ensure that licensed channels are fully utilized rather than
    warehoused.[^17] Tucson contends that its proposed system could
    achieve more than twice the throughput of a trunking system.[^18]
    Tucson further states that a trunking system is "not the most
    efficient solution for a data only system with heavy throughput
    requirements."[^19] In addition, Tucson states that all frequencies
    will be in operation within eight months of the grant of a
    license.[^20] Based on the record in this proceeding, we believe
    that Tucson's proposed mobile data operations are consistent with
    the purpose of the rules because the requested channels will be
    fully utilized and not warehoused. Indeed, we are persuaded that in
    this case, a data-only system operating in the conventional mode
    meets the intent of the rules to require spectrum-efficient systems.

6\. In addition, we conclude that grant of the waiver would be in the
public interest. One innovative use for which Tucson will use its data
system is to investigate leads and suspect information at the crime
scene, rather than have its investigators return to the police
station.[^21] Additionally, the Tucson Police Department wants to expand
the type of information available to police officers in the field.[^22]
It intends to implement an automated field reporting system that permits
the wireless transmission of incident reports.[^23] Tucson states that
this will allow mobile units to send additional information to a central
location or to dispatchers, evidence technicians, forensic specialists
and detectives.[^24] Tucson indicates that there are at least twenty
different mobile data functions that it would like to implement if the
waiver is approved giving it the additional bandwidth that it
needs.[^25] Moreover, Tucson states that the University of Arizona
Police Department has committed to share the proposed system and other
public safety agencies have expressed an interest in sharing the
system.[^26] We believe that Tucson's proposed operations will further
the public interest. We also are persuaded that Tucson's proposed
communications goals cannot be met without a waiver of the rules to
permit the authorization of more than five channels and the exclusive
use of the ten additional channels that Tucson requests. We believe that
grant of the requested waiver will promote effective and efficient
public safety communications.

II. 

# IV. CONCLUSION

7\. We believe that the underlying purpose of Sections 90.623(a) and
90.625(a) would not be frustrated by the operations Tucson proposes,
because the spectrum will be fully and efficiently utilized. Further,
Tucson has shown that the public interest will be served by the
enhancements it intends to make to its present communications system.
Therefore, we conclude that its Waiver Request should be granted.

# 

# V. ORDERING CLAUSES

8\. Accordingly, IT IS ORDERED that, 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 City of Tucson's
request for waiver, filed July 6, 1999, to permit use, on an exclusive
basis, of ten additional conventional 800 MHz channels in the Tucson
area IS GRANTED.

9\. IT IS FURTHER ORDERED that the associated application FCC File No.
A042230, filed August 13, 1999, shall be referred to the Public Safety
and Private Wireless Division, Licensing and Technical Analysis Branch
for processing consistent with this *Order*.

10\. 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 Private Wireless Division

Wireless Telecommunications Bureau

[^1]: 47 C.F.R. §§ 90.623(a), 90.625(a).

[^2]: ^?^ Letter, dated July 6, 1999, from Joseph Jakoby, License
    Coordinator, City of Tucson, to Federal Communications Commission
    (Tucson Letter).

[^3]: ^?^ FCC File Number A042230 (filed Aug. 13, 1999).

[^4]: Tucson Letter at 3.

[^5]: *Id.* at 1.

[^6]: ^?^ The requested frequencies are available because of an
    arrangement between Tucson and Nextel Communications, Inc. (Nextel)
    whereby Nextel, as part of its relocation of certain 800 MHz
    channels, filed applications to delete certain site-specific 800 MHz
    stations and/or channels, and to modify certain site-specific
    station licenses to authorize operations on specified channels on a
    secondary, non-interference basis to public safety entities in the
    Tucson area. *See* Letter, dated July 1, 1999, from Robert H.
    McNamara, Nextel to Licensing and Technical Analysis Branch,
    Commercial Wireless Division, Wireless Telecommunications Bureau,
    FCC; *see also* Letter, dated September 14, 1999, from Roger Noel,
    Chief, Licensing and Technical Analysis Branch, Commercial Wireless
    Division, Wireless Telecommunications Bureau to Robert H. McNamara,
    Nextel.

[^7]: ^?^ Tucson Letter at 1, 2.

[^8]: ^?^ *Id*. at 2.

[^9]: ^?^ *Id*. at 1.

[^10]: ^?^ *Id*. at 2.

[^11]: ^?^ 47 C.F.R. § 90.623(a).

[^12]: ^?^ 47 C.F.R. § 90.625(a). With the ten new channels that Tucson
    requests, its system would have a total of 19 channels, requiring
    1,330 mobile stations to meet the requirement of 70 mobile units per
    channel.

[^13]: ^?^ Wireless Telecommunications Bureau Seeks Comment on Request
    for Waiver by the City of Tucson, Arizona, for Authorization of Ten
    Additional 800 MHz Conventional Channels for Mobile Data Operations,
    *Public Notice*, DA 00-83 (WTB PSPWD rel. Jan. 18, 2000).

[^14]: 47 C.F.R. § 1.925(b)(3).

[^15]: ^?^ Amendment of Part 90 of the Commission's Rules to Release
    Spectrum in the 806-821/851-866 MHz Bands and to Adopt Rules and
    Regulations which Govern Their Use, *Second Report and Order*, PR
    Docket No. 79-191, 90 FCC 2d 1281, 1293 ¶¶ 27-28 (1982).

[^16]: ^?^ *Id*. at 1294 ¶ 29.

[^17]: ^?^ *See*, *e.g.*, Amendments to Part 90 of the Commission's
    Rules Concerning Private Land Mobile Radio Services, *Notice of
    Proposed Rule Making*, WT Docket No. 97-153, 12 FCC Rcd 13468,
    13474-75 ¶ 14 (1997); Page America of New York, Inc., *Memorandum
    Opinion and Order*, 8 FCC Rcd 4167, 4168 ¶ 7 (1993).

[^18]: ^?^ Tucson Letter at 1.

[^19]: ^?^ *Id*.

[^20]: ^?^ *Id*. at 2.

[^21]: ^?^ *Id*. at 1.

[^22]: ^?^ *Id*.

[^23]: *Id.*

[^24]: ^?^ *Id*.

[^25]: ^?^ *Id*. at 2.

[^26]: ^?^ *Id*.