**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * |                              |
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| CLAYTON COUNTY, GEORGIA          | ) |                              |
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| Licensee of Station KNCW943      | * |                              |
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| CHEROKEE COUNTY, GEORGIA         | * |                              |
| Licensee of Station WPBI872      | * |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: August 1, 2001 Released: August 3, 2001**

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

**I. INTRODUCTION**

1.  We have before us an ongoing interference conflict between Clayton
    County, Georgia (Clayton), licensee of Station KNCW943 and Cherokee
    County, Georgia (Cherokee), licensee of Station WPBI872. To date,
    the licensees have been unable to resolve the matter. Based upon our
    review and analysis of the information before us, we propose to
    modify both licenses in accordance with the recommendation of the
    Association of Public-Safety Communications Officials,
    International, Inc. (APCO), an FCC-certified frequency coordinating
    committee for public safety frequencies, so that both licensees may
    continue to operate without interfering with each other.

**II. BACKGROUND**

2.  Both licensees are authorized to operate on frequency 158.730 MHz.
    Clayton has been licensed to operate on frequency 158.730 MHz for
    more than fifteen years. The Commission first authorized Cherokee to
    operate on the same frequency on December 22, 1992. APCO coordinated
    the applications for both Clayton and Cherokee. On July 28, 1994,
    Clayton was permitted to modify its license to add additional sites.
    Subsequently, Cherokee relocated Station WPBI872 under a license
    modification granted on February 22, 1996.[^1] The distances between
    Cherokee and Clayton range from 40.14 to 49 miles. Clayton last
    renewed its license for Station KNCW943 on May 10, 1999.[^2]
    Cherokee recently renewed its license for Station WPBI872 on January
    24, 2001.[^3]

3.  On July 13, 1998, Clayton requested that the Commission's field
    office in Atlanta, Georgia investigate interference on frequency
    158.730 MHz.[^4] The Complaint states that Clayton's mobile units
    are experiencing interference from Cherokee's mobile units.[^5] The
    Complaint alleges that the interference is so severe that adversely
    affects the ability of Clayton's police officers to receive
    emergency dispatch information.[^6] On September 4, 1998, Clayton
    submitted a grievance to APCO regarding the interference on
    frequency 158.730 MHz.[^7] Cherokee filed a counter-complaint with
    APCO on September 8, 1998.[^8]

4.  In response, APCO offered recommendations that would allow Clayton
    and Cherokee to cooperatively mitigate or eliminate the
    interference. APCO explained that the coverage for Clayton's Station
    KNCW943 extended beyond its jurisdictional boundaries due to
    excessive Effective Radiated Power (ERP) on all frequencies.[^9]
    APCO recommended that Clayton reduce (i) the power on frequency
    158.730 MHz from 475 watts ERP to 75 watts ERP at all locations
    and (ii) the antenna height for transmitting on the subject
    frequency from 83 meters to 50 meters at its location at 7946 North
    McDonough Street, Jonesboro, Georgia.[^10] APCO explained that,
    under its recommendation, Clayton would still enjoy full coverage of
    the entire county.[^11] APCO also noted that Section 90.205 of the
    Commission's Rules[^12] precludes a licensee from using more power
    than actually necessary for satisfactory operation of its
    station.[^13] With regard to Cherokee, APCO recommended that it (i)
    maintain its antenna height at 93 meters but redirect the antenna
    away from Clayton with a downward angle of two degrees and (ii)
    increase its power from 75 watts ERP to 100 watts ERP.[^14]
    Thereafter, APCO referred the matter to the Commission for further
    action on November 17, 1998.[^15]

5.  On December 14, 1998, engineers from the Commission's Atlanta Field
    Office inspected the transmission facilities for both
    licensees.[^16] They concluded that the interference was due to the
    two repeater stations involved being located too close together
    (i.e., forty-five miles apart).[^17] In a letter to both parties,
    dated May 11, 1999, the Chief, Licensing and Technical Analysis
    Branch ("Branch"), Public Safety and Private Wireless Division
    required Clayton and Cherokee to provide detailed information
    explaining the measures undertaken by the parties to resolve this
    matter.[^18] The parties indicated that they were still experiencing
    interference.[^19] In separate letters, dated September 21, 1999,
    the Branch directed Clayton and Cherokee to contact the other
    respective party to discuss this matter and to submit a progress
    report to the Branch within forty-five days.[^20] Subsequent
    correspondence with Clayton and Cherokee indicated that APCO's
    recommendations were still not entirely adopted by either party and
    that the subject interference continued at that time.[^21] However,
    the parties also appeared to be committed to working together to
    resolve the problem.[^22]

6.  As neither the Commission nor APCO has received any recent
    interference complaints from either Clayton or Cherokee,[^23] we
    contacted the parties in May 2001 to ascertain the status of the
    subject interference conflict.[^24] Cherokee responded on June 5,
    2001 and stated that it no longer experiences interference from
    Clayton.[^25] Cherokee noted that the parties have not been in
    contact for a substantial period of time and that Clayton has not
    raised any further interference complaints with Cherokee.[^26] We
    notified Clayton of the content of the above conversation via voice
    mail on June 5, 2001.[^27] Clayton replied on June 14, 2001 and
    informed us that it still experiences substantial interference from
    Cherokee.[^28] Consequently, as we discuss below, we believe
    Commission action is necessary to resolve this post-licensing
    conflict.

**III. DISCUSSION**

7.  As an initial matter, we note our concern that these two public
    safety licensees have been unable to resolve this interference
    matter for a protracted period of time. While the issuance of
    licenses to Clayton and Cherokee did not violate any Commission
    rule, given the inability of the parties and APCO to resolve the
    matter despite extensive efforts, we believe Commission action is
    warranted. We believe that Section 316(a)(1) of the Communications
    Act of 1934, as amended, provides the appropriate vehicle for
    resolving this matter.[^29] Section 316(a) permits the Commission to
    modify a station license if the action will promote the public
    interest, convenience, and necessity.[^30] In this connection, we
    note that the proposed modifications would serve the public interest
    by allowing Clayton and Cherokee to operate their respective public
    safety communications systems without interfering with one another.

8.  We propose to modify the station licenses now held by Clayton and
    Cherokee in order to eliminate the interference problem. APCO, the
    certified frequency coordinator for these frequencies, has
    recommended these changes. For Clayton's Station KNCW943, we propose
    to change its ERP of 475 watts to 75 watts at all locations and to
    reduce the authorized antenna height for transmitting on the subject
    frequency from 83 meters to 50 meters at its location at 7946 North
    McDonough Street, Jonesboro, Georgia. For Cherokee's Station
    WPBI872, we propose that the license be modified to require the use
    of an antenna with a 5dB gain antenna with the primary lobe facing
    away from Clayton with a mechanical beam tilt of minus two degrees.
    We would also increase Cherokee's ERP from 75 watts to 100 watts.

9.  In accordance with Section 1.87(a) of the Commission\'s Rules,[^31]
    we will not issue modification orders until Clayton and Cherokee
    have received notice of our proposed action and have had an
    opportunity to interpose a protest. To protest the modification,
    Clayton or Cherokee must, within thirty days of the release date of
    this *Memorandum Opinion and Order*, submit a written statement with
    sufficient evidence to show that the modification would not be in
    the public interest. The protest must be filed with the Office of
    the Secretary, Federal Communications Commission, 445 Twelfth
    Street, S.W., Room TW-A325, Washington, D.C. 20554. If no protest is
    filed, Clayton and Cherokee will have waived their right to protest
    the modification and will be deemed to have consented to the
    modification of their license.

10. Accordingly, pursuant to Sections 4(i) and 316(a) of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and
    316(a), and Section 1.87 of the Commission's Rules, 47 C.F.R. §
    1.87, IT IS PROPOSED that the license for Station KNCW943, held by
    Clayton County, Georgia, BE MODIFIED to change its ERP of 475 watts
    to 75 watts at all locations and to reduce the authorized antenna
    height for transmitting on frequency 158.730 MHz from 83 meters to
    50 meters at its location at 7946 North McDonough Street, Jonesboro,
    Georgia.

11. IT IS FURTHER PROPOSED, pursuant to Sections 4(i) and 316(a) of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and
    316(a), and Section 1.87 of the Commission's Rules, 47 C.F.R. §
    1.87, that the License for StationWPBI872 held by Cherokee County,
    Georgia, BE MODIFIED to increase the ERP from 75 watts to 100 watts
    and to require the use of an antenna with a 5dB gain antenna with
    the primary lobe facing away from Clayton with a mechanical beam
    tilt of minus two degrees.

12. IT IS ORDERED that copies of this *Order* shall be sent by Certified
    Mail, Return Receipt Requested, to Bret W. Lavender, Technical
    Support Manager, County of Clayton, 1383 Government Circle,
    Jonesboro, Georgia 30236; and to R. Mark Mahler, County Attorney,
    County of Cherokee, 90 North Street, Suite 310, Canton, Georgia
    30114.

13. These actions are 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]: *See* License for Station WPBI872, FCC File No.9601D012777 (issued
    Feb. 22, 1996).

[^2]: *See* License for Station KNCW943, FCC File No. 9905R389113
    (issued May 10, 1999).

[^3]: *See* License for Station WPBI872, FCC File No.0000340195 (issued
    Jan. 23, 2001).

[^4]: *See* Letter from Brett W. Lavender, Technical Support Manager,
    Clayton County Communications Department, to Fred Broce, FCC,
    Atlanta District Office (July 13, 1998) ("Complaint").

[^5]: *See id*.

[^6]: *See id.*

[^7]: *See* Letter from George Johnson, AFC Staff Advisor, APCO
    Automated Frequency Coordination, Inc., to Brett Lavender, Clayton
    County and Mike Malone, Cherokee County 1 (Sept. 25, 1998) ("APCO
    Letter").

[^8]: *See id*.

[^9]: *See id*.

[^10]: *See id*. at 1-2.

[^11]: *See id.* at 2.

[^12]: 47 C.F.R. § 90.205.

[^13]: *See* APCO Letter at 1.

[^14]: *See id.* at 2.

[^15]: *See* Letter from Christine Phelps, AFC Manager, APCO to Riley
    Hollingsworth, Compliance and Information Bureau 1-2 (Nov. 17,
    1998).

[^16]: *See* Memorandum from Fred L. Broce, District Director, Atlanta
    Field Office to Riley Hollingsworth, Compliance and Information
    Bureau 1 (Dec. 22, 1998).

[^17]: *See id*. at 3.

[^18]: *See* Letter from Mary M. Shultz, Chief, Licensing and Technical
    Analysis Branch, Public Safety and Private Wireless Division, to
    Brett W. Lavender, Clayton County and Robert J. Chester, Cherokee
    County (May 11, 1999).

[^19]: *See* Letter from R. Mark Mahler, County Attorney, Cherokee
    County, to Mary M. Shultz, Chief, Licensing and Technical Analysis
    Branch, Public Safety and Private Wireless Division (filed May 28,
    1999); Letter from Tom D. Foster, Clayton County, Project Manager,
    to Mary M. Shultz, Chief, Licensing and Technical Analysis Branch,
    Public Safety and Private Wireless Division (filed June 14, 1999).

[^20]: *See* Letter from Mary M. Shultz, Chief, Licensing and Technical
    Analysis Branch, Public Safety and Private Wireless Division, to Tom
    D. Foster, Project Manager, Clayton County (Sept. 21, 1999); Letter
    from Mary M. Shultz, Chief, Licensing and Technical Analysis Branch,
    Public Safety and Private Wireless Division, to R. Mark Mahler,
    Cherokee County (Sept. 21, 1999).

[^21]: *See* Letter from Brett W. Lavender, Technical Support Manager,
    Clayton County Communications Department, to Mary M. Shultz, Chief,
    Licensing and Technical Analysis Branch, Public Safety and Private
    Wireless Division (filed Nov. 8, 1999) ("Clayton November 1999
    Letter"); Letter from R. Mark Mahler, County Attorney, Cherokee
    County, to Mary M. Shultz, Chief, Licensing and Technical Analysis
    Branch, Public Safety and Private Wireless Division (filed May 1,
    2000) ("Cherokee May 2000 Letter").

[^22]: *See* Cherokee May 2000 Letter at 1 (noting that Cherokee was
    awaiting the results of interference tests previously conducted by
    Clayton); Clayton November 1999 Letter at 1 (explaining that Clayton
    decided to "schedule a meeting with Mark Mahler, Cherokee County
    Attorney to review with him our situation and present to him our
    recommendation for a course of action.").

[^23]: Telephone Conversation with Farokh Latif, AFC Engineer, APCO (May
    23, 2001).

[^24]: Telephone Call to R. Mark Mahler, County Attorney, Cherokee
    County (May 24, 2001) (voice mail); Telephone Call to Brett W.
    Lavender, Technical Support Manager, Clayton County Communications
    Department (May 24, 2001) (voice mail).

[^25]: Telephone Conversation with Cindy Ward, Director of Cherokee
    County 911 (June 5, 2001) (returning Branch's telephone call at the
    request of R. Mark Mahler).

[^26]: *See id.*

[^27]: Telephone Call to Brett W. Lavender, Technical Support Manager,
    Clayton County Communications Department (June 5, 2001) (voice
    mail).

[^28]: Telephone Conversation with Brett W. Lavender, Technical Support
    Manager, Clayton County Communications Department (June 14, 2001).

[^29]: 47 U.S.C. § 316(a)(1).

[^30]: *Id*.

[^31]: 47 C.F.R. § 1.87(a).