**DA 07-5008**

**Released: December 14, 2007**

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON A REQUEST
FOR WAIVER FILED BY THE BALDWIN FIRE DISTRICT, NEW YORK

TO OPERATE A PUBLIC SAFETY RADIO SYSTEM USING TELEVISION CHANNEL 19 AND
PART 22 TRUNKED MOBILE FREQUENCIES

FCC File No. 0003023736

**Comment Date: January 4, 2008**

**Reply Comment Date: January 14, 2008**

The Public Safety and Homeland Security Bureau seeks comment on the
above-captioned application and waiver request, as amended, initially
filed on May 9, 2007 by the Baldwin Fire District, New York
(Baldwin).[^1] Baldwin seeks waiver relief pursuant to Section 337(c) of
the Communications Act of 1934, as amended, 47 U.S.C. § 337(c), to use,
for public safety communications purposes, two frequencies in the
television (TV) Channel 19 Band (500-506 MHz) and two frequencies
allocated for Part 22 trunked mobile operations. Specifically, Baldwin
seeks frequencies 502.525, 505.525, 479.0625, and 479.1625 MHz.[^2] In
the alternative to Section 337(c) of the Act, Baldwin requests waiver
relief pursuant to Section 1.925 of the Commission's rules, 47 C.F.R. §
1.925. On May 25, 2007, the Commission granted Baldwin Special Temporary
Authority (STA) to permit secondary operation on frequency pair
502/505.525 MHz under Call Sign WQGY612. On September 27, 2007, the
Commission granted Baldwin's request to add frequencies 479.0625 and
479.1625 MHz to the STA.

TV Channel 19 is allocated to private land mobile radio service in the
Philadelphia, Pennsylvania urbanized area, but not in the New
York/Northeast New Jersey urbanized area where Baldwin is located. *See*
47 C.F.R. §§ 90.303, 90.305. Therefore, frequency pair 502/505.525 MHz
within the TV Channel 19 Band is not allocated for use at Baldwin's
location. In addition, Baldwin's operations would be located less than
ninety miles from adjacent TV Channel 20 Station WTXX, Waterbury,
Connecticut. *See* 47 C.F.R. § 90.307(d). Finally, Part 22 of the
Commission's rules allocates frequencies 479.0625 and 479.1625 MHz for
trunked public mobile service, while Part 20 of the Commission's rules
states that these frequencies shall be regulated as a commercial mobile
radio service. *See* 47 C.F.R. §§ 22.651, 20.9(a)(6). Therefore, these
frequencies are not allocated for public safety operations. Accordingly,
Baldwin requests a waiver of Sections 20.9(a)(6), 22.651, 90.303,
90.305(a), and 90.307(d) of the Commission's rules.

Baldwin is located approximately twenty-five miles from New York City
and serves three communities near the south shore of Long Island, New
York -- Baldwin, Oceanside, and Rockville Centre.[^3] Baldwin maintains
that its existing operations in the 30-50 MHz band are subject to
significant interference potential, given its proximity to other public
safety providers as well as "numerous transmitter sites for commercial
wireless communications providers."[^4] Further, Baldwin states that its
46.10--46.20 MHz dispatch/operations channel, as well as fireground
frequency 46.30 MHz that it shares with Nassau County, are "excessively
loaded" and therefore fail to provide coverage across its service
area.[^5] Baldwin states that on several occasions, its lack of coverage
prevented radio transmissions in critical, potentially life-endangering
situations.[^6]

According to Baldwin, its radio vendors suggested that its interference
problems were caused by a lack of repeater sites and that digital
simulcast technology would serve as an appropriate solution.[^7]
However, because simulcasting requires relatively interference-free
frequencies, and given the level of interference affecting Baldwin's
dispatch and fireground channels, Baldwin proposes to construct a new
system.[^8] Baldwin states that the proposed system would provide
redundant, ubiquitous coverage throughout the combined service areas of
Baldwin and neighboring communities for whom Baldwin would provide
dispatch service.[^9] Specifically, the proposed system would have one
pair of 12.5 kHz bandwidth channels (502/505.5250 MHz) dedicated to
voice dispatch operations.[^10] The proposed system would also dedicate
to fireground operations two 12.5 kHz bandwidth simplex channels
(479.0625 and 479.1625 MHz),[^11] which are not otherwise available for
assignment to public safety entities under Part 90 of the Commission's
rules, 47 C.F.R. Part 90.

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.[^12]

Interested parties may file comments on the application and waiver
request on or before January 4, 2008. Parties interested in submitting
reply comments must do so on or before January 14, 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 application and waiver request can be accessed electronically via
the Commission's Universal Licensing System,
http://wireless.fcc.gov/uls. The full text of the waiver request,
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 may be purchased 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, by email at fcc@bcpiweb.com, by phone at (202)
488-5300 or (800) 378-3160, or by facsimile at (202) 488-5563. For
further information regarding the public reference file for this waiver
request, contact Lisa Williams, RIC, (20) 418-1352.

Because of the policy implications and potential impact of this
proceeding on persons not party to the waiver request, we believe that
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).

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]{.underline} or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

For further information, contact Thomas Eng of the Policy Division,
Public Safety and Homeland Security Bureau at (202) 418-0019, TTY (202)
418-7233, or via e-mail to Thomas.Eng@fcc.gov.

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

\- FCC -

[^1]: *See* File No. 0003023736 (filed May 9, 2007, amended May 10,
    2007, May 25, 2007, Aug. 3, 2007, and Dec. 13, 2007) and associated
    Amended Request for Waiver (Waiver Request).

[^2]: *See* Waiver Request at 4.

[^3]: *See* Waiver Request at 1.

[^4]: *Id*. at 3. Baldwin's existing system is Station KEB486.

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

[^6]: *Id*. at 3.

[^7]: *Id*. at 4.

[^8]: *Id*.

[^9]: *Id*.

[^10]: *Id*.

[^11]: *Id*. "Fireground" operations include are radio frequencies to be
    used by radio units operating in the area at the scene of a fire.
    *See, e.g.,* http://encarta.msn.com/dictionary\_/fireground.html,
    (last visited Dec. 14, 2007).

[^12]: *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).