## DA 02-1214

### Released: May 21, 2002

## WIRELESS TELECOMMUNICATIONS BUREAU

## SEEKS COMMENT ON REQUEST FOR WAIVER BY SUMMIT COUNTY, OHIO, 

## TO ALLOW USE OF 20 kHz BANDWIDTH ON CHANNELS 

## ADJACENT TO PUBLIC SAFETY INTEROPERABILITY CHANNELS

#### Comment Date: June 4, 2002 Reply Comment Date: June 11, 2002

On January 17, 2002, Summit County, Ohio ("Summit") filed an amended
application[^1] and associated request for waiver[^2] of Section
90.20(d)(81) of the Commission's Rules,[^3] which provides that new
stations are only licensed on the requested frequency pair (453/458.450
MHz) with an authorized bandwidth not to exceed 11.25 kHz. Summit is
requesting a waiver to allow operation with an authorized bandwidth of
20 kHz.

By way of background, under rule changes that became effective on
December 7, 2000, four Public Safety Pool channel pairs in the 450-470
MHz band are available primarily for public safety interoperability only
communications.[^4] Operations on these channels will be authorized for
a bandwidth not to exceed 11.25 kHz.[^5] Before these rule changes,
licenses for certain channels that are *adjacent* to the four
interoperability channel pairs were granted with an authorized bandwidth
not to exceed 20 kHz. However, after the rule changes became effective
on December 7, 2000, new stations will only be licensed on these
*adjacent* channels with an authorized bandwidth not to exceed 11.25
kHz.[^6]

The Commission decreased the authorized bandwidth, from 20 kHz to 11.25
kHz for new stations licensed on the *adjacent* channels, to decrease
the potential for adjacent channel operations to interfere with
interoperability communications. Nonetheless, the Commission recognized
that the rule changes necessary to designate interoperability channels,
*inter alia*, would affect licensees on nearby channels operating with
25 kHz equipment (20 kHz authorized bandwidth).[^7] In this connection,
the Commission adopted a transition period through January 1, 2005, for
*adjacent* channel licensees as follows: licensees authorized prior to
December 7, 2000, may continue to use bandwidths wider than 11.25 kHz on
a co-primary basis until January 1, 2005. Thereafter, all *adjacent*
channel stations operating with an authorized bandwidth greater than
11.25 kHz will be secondary to interoperability operations on the four
interoperability channel pairs.[^8]

Summit states that it was licensed for over thirty years to operate with
a 20 kHz bandwidth on a channel pair that is adjacent to one of the four
interoperability channel pairs, until February 25, 2001, when its
license, former call sign KVL952, expired because no renewal application
was filed.[^9] In this connection, Summit notes that had it filed a
timely renewal application it still would be authorized to operate with
a 20 kHz bandwidth (*i.e.*, Summit would have been grandfathered to
operate with an authorized bandwidth exceeding 11.25 kHz.).[^10]

Summit reports that it has moved more than 115 mobile and portable
radios to a single UHF channel pair. In this connection, Summit states
that it needs to restore operation on the second channel, formerly
licensed under Call Sign KVL952, to alleviate congestion[^11] that
places the health and safety of its employees and the public at risk.
Moreover, Summit states that most of its equipment is incapable of
narrowband operation and thus would have to be replaced absent a waiver,
which would be a great financial burden.[^12] Additionally, Summit
asserts no other suitable frequencies are available[^13] whereas
granting the Waiver Request would not cause additional harmful
interference to any other stations.[^14]

Interested parties may file comments on Summit's Waiver Request on or
before June 4, 2002. Parties interested in submitting reply comments
must do so on or before June 11, 2002. All comments should reference
Summit's Waiver Request, including the DA number of this Public Notice,
and should be filed with the Office of the Secretary, Federal
Communications Commission, 445 12th Street, S.W., TW-325, Washington,
D.C. 20554. A copy of each filing should be sent to: (1) Qualex
International, Inc., Portals II, 445 12^th^ Street, S.W., Room CY-B402,
Washington, D.C. 20554, (202) 863-2893; and

(2) Bert Weintraub, Esq., Federal Communications Commission, Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division,
Policy and Rules Branch, 445 12th Street, S.W., Room 3-230, Washington,
D.C. 20554; and (3) Maria Ringold, Federal Communications Commission,
Consumer and Governmental Affairs Bureau, Reference Information Center,
445 12^th^ Street, S.W. Room CY-B529, Washington, D.C. 20554.[^15]

The full text of the Waiver Request, comments and reply comments will be
available for inspection and duplications during regular business hours
in the Reference Information Center (RIC) of the Consumer and
Governmental Affairs Bureau, Federal Communications Commission, 445 12th
Street, S.W., CY-A257, Washington, D.C. 20554. Copies may also be
purchased from the Commission's duplicating contractor, Qualex
International, Portals II, 445 12^th^ Street, S.W. Room CY-B402,
Washington, D.C. 20554, (202)-863-2893, facsimile (202) 863-2898, or
via-e-mail <qualexint@aol.com>. For further information regarding the
public reference file for this Request, contact Maria Ringold, Chief,
Wireless Branch, RIC, (202) 418-1355.

Unless otherwise provided, requests for waiver of the Commission\'s
Rules are subject to treatment by the Commission as restricted
proceedings for *ex parte* purposes under Section 1.1208 of the
Commission\'s Rules, 47 C.F.R. § 1.1208. Because of the policy
implications and potential impact of this proceeding on persons not
parties to the waiver request, we believe it would be in the public
interest to treat this case as a permit-but-disclose proceeding under
*the ex parte* rules, *See* 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).

For further information, contact Bert Weintraub, Esq., of the Policy and
Rules Branch of the Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau at (202) 418-1316, TTY (202)
418-7233, or via e-mail to <bweintra@fcc.gov>.

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

[^1]: Summit County, Ohio, FCC Form 601, FCC File No. 0000593862 (filed
    Jan. 17, 2002).

[^2]: Letter from Jeff Mitchell, President, Mitchell Communications,
    Inc., to FCC (dated Dec. 17, 2001) ("Waiver Request").

[^3]: 47 C.F.R. § 90.20(d)(81). Section 90.20(d)(81) states: "After
    December 7, 2001 new stations will only be licensed with an
    authorized bandwidth not to exceed 11.25 kHz. Licensees authorized
    prior to December 7, 2001 may continue to use bandwidths wider than
    11.25 kHz on a co-primary basis until January 1, 2005. After January
    1, 2005, all stations operating with an authorized bandwidth greater
    than 11.25 kHz will be secondary to adjacent channel
    interoperability operations."

[^4]: 47 C.F.R. § 90.20(d)(80).

[^5]: 47 C.F.R. § 90.20(d)(27).

[^6]: 47 C.F.R. § 90.20(d)(81). *See* The Development of Operational,
    Technical and Spectrum Requirements For Meeting Federal, State and
    Local Public Safety Agency Communications Requirements Through the
    Year 2010; Establishment of Rules and Requirements For Priority
    Access Service, WT Docket No. 96-86, *Third Memorandum Opinion and
    Order and Third Report and Order*, 15 FCC Rcd 19844, 19883-84 ¶ 89
    (2000).

[^7]: *Id*. at 19884 ¶ 89.

[^8]: *Id*. at 19884 n.284 (noting that January 1, 2005, corresponds
    with the required date by which the new equipment in the UHF band
    must meet new 6.25 kHz standards).

[^9]: Waiver Request at 1.

[^10]: *Id*. Summit notes that the license could not be renewed because
    the thirty-day period for reinstating the license had expired. *Id*.
    at 2.

[^11]: *Id*.

[^12]: *Id*.

[^13]: *Id*. *See also* Frequency Search Results enclosed with the
    Waiver Request.

[^14]: *Id*.

[^15]: The address for FCC locations should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission's Secretary are accepted only at our
    new location at 236 Massachusetts Avenue, N.E., Suite 110,
    Washington, D.C. 20002. Other messenger-delivered documents,
    including documents sent by overnight mail (other than United States
    Postal Service Express Mail and Priority Mail) should be addressed
    for delivery to 9300 East Hampton Drive, Capitol Heights, MD 20743.
    *See* FCC Announces a New Filing Location for Paper Documents and a
    New Fax Number for General Correspondence, *Public Notice*, 16 FCC
    Rcd 22165 (rel. Dec. 14, 2001).