**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  |                              |
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| Industrial Telecommunications    | ** |                              |
| Association                      |    |                              |
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| Informal Request for             | *) |                              |
| Certification as a Frequency     | ** |                              |
| Coordinator for Part 90 929-930  |    |                              |
| MHz Paging Frequencies and PLMR  | *  |                              |
| Special Emergency Frequencies    | *) |                              |
| Below 512 MHz                    | ** |                              |
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**ORDER**

**Adopted: April 26, 2004 Released: May 6, 2004**

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

# INTRODUCTION

1.  On June 27, 2002, the Industrial Telecommunications Association
    (ITA) filed an informal request for certification as a frequency
    advisory committee or frequency coordinator for Part 90 929-930 MHz
    paging frequencies[^1] and Special Emergency frequencies[^2] below
    512 MHz.[^3] ITA is currently certified as a Part 90 frequency
    coordinator for frequencies in the Industrial/Business Pool below
    512 MHz, the 800 MHz Industrial/Land Transportation and Business
    Pools and the 900 MHz Industrial/Land Transportation and Business
    Pools. For the reasons set forth below, we grant ITA's request and
    certify ITA as a frequency coordinator for the Part 90 929-930 MHz
    paging frequencies and the Special Emergency frequencies below 512
    MHz. We also grant the request of the American Mobile
    Telecommunications Association, Inc. (AMTA) to be a frequency
    coordinator for the Part 90 929-930 MHz paging frequencies and the
    special emergency frequencies below 512 MHz.[^4] Finally, we offer
    the opportunity for other Part 90 certified frequency coordinators
    to perform the same function for the 929-930 MHz paging frequencies
    and the Special Emergency frequencies below 512 MHz.

    **II. BACKGROUND**

2.  A Part 90 frequency coordinator is a private-sector entity or
    organization that has been certified by the Commission to recommend
    the most appropriate frequencies for use by licensees in the Part 90
    Private Land Mobile Radio (PLMR) Services.[^5] The Commission has
    recognized the role of frequency coordinators in the process of
    selecting available frequencies since 1958,[^6] but it was not until
    1986 that the Commission formally certified Part 90 frequency
    coordinators.[^7] The Commission examined the facets of the
    frequency coordination process in an effort to maximize service to
    the public by assuring that the assignment and management of the
    PLMR spectrum was performed in an efficient and effective
    manner.[^8] In several of the Part 90 radio services the Commission
    received more than one request per radio service for frequency
    coordination certification.[^9] The Commission recognized that
    certifying multiple coordinators per service could result in lower
    fees,[^10] but decided instead to certify a single coordinator in
    each service in order to reduce the potential for confusion and
    avoid inconsistent coordination standards.[^11]

3.  The primary factor in the selection of each frequency coordinator
    was whether the entity represented a class of users eligible for
    licenses in the service the entity proposed to coordinate.[^12]
    Special emphasis was placed on representativeness since the
    Commission decided to certify only one coordinator per service.[^13]
    Additional factors considered were the applicant's overall plan to
    coordinate the service,[^14] whether the entity had any experience
    coordinating frequencies in that service or any technical expertise
    in engineering land mobile radio stations, and whether the applicant
    was capable of nationwide coordination.[^15] The Personal
    Communication Industry Association (PCIA)[^16] was certified as the
    frequency coordinator for the 900 MHz paging frequencies and PCIA
    and the International Municipal Signal Association/International
    Association of Fire Chiefs (IMSA/IAFC) were certified as the
    coordinators for the former Special Emergency Radio Service.[^17]

4.  In 1997, the Commission consolidated the twenty PLMR services below
    512 MHz[^18] (which included the Special Emergency Radio Service)
    into two pools, the Public Safety Pool and the Industrial/Business
    (I/B) Pool.[^19] The Commission authorized the frequency
    coordinators of the services consolidated into the Public Safety
    Pool to manage frequencies that they were responsible for prior to
    consolidation with one exception. The Commission allowed any of the
    four certified public safety frequency coordinators to coordinate
    frequencies in the Local Government Radio Service.[^20] The
    Commission adopted this exception, in part, because frequencies in
    the former Local Government Radio Service are available to all
    governmental public safety entities and are routinely used for both
    emergency and non-emergency communications. Moreover, the Commission
    specifically stated that it took this action to allow competition to
    be introduced, to the extent possible, into the Public Safety Pool
    frequency coordination process as a potential vehicle to promote
    lower coordination costs and foster better service to the
    public.[^21] In regards to the I/B Pool, the Commission, in general,
    ended exclusivity of frequency coordination for the I/B Pool
    frequencies.[^22] The Commission took this action to provide users
    with the opportunity to make marketplace decisions when seeking the
    services of a frequency coordinator.[^23] In doing so it also noted
    that the concept of multiple coordinators was not unique. The
    Commission pointed out that before the 800 MHz band was reallotted,
    applicants for conventional and trunked systems on General Category
    frequencies had the option of seeking coordination from any one of
    three coordinators certified to provide recommendations for those
    frequencies.[^24]

5.  Further, the Commission stated that this new policy of certifying
    multiple coordinators for the same frequencies was not a rejection
    of its 1986 requirement that each coordinator be representative of
    the users of the radio service in which it was certified.[^25] The
    Commission explained that "when similarities exist in the types of
    systems that PLMR licensees utilize," and that, "where systems are
    virtually identical and user needs similar ... any of the recognized
    in-pool frequency coordinators with their extensive experience, and
    technical expertise in engineering systems and selecting
    frequencies, possess the ability to provide frequency coordination
    recommendations.[^26]

6.  The following year, in 1998, the Commission again decided to adopt a
    competitive approach to frequency coordination. In this instance,
    the Commission certified all four of the public safety coordinators
    to provide frequency coordination for the Public Safety 700 MHz
    General Use channels (a total of 12.5 megahertz of spectrum that is
    available for licensing to local, regional and state public safety
    providers).[^27] In this connection, the Commission found that the
    frequency coordination approach adopted for the Local Government
    Radio Service in the *Second Report and Order* was appropriate for
    the Public Safety 700 MHz band General Use channels. That is,
    because the reallocated frequencies were available to all public
    safety entities, the Commission determined that all of the certified
    public safety frequency coordinators may provide coordination.[^28]
    The Commission concluded that by "encouraging competition among
    coordinators, we will promote cost-shared pricing of coordination
    services and provide incentives for enhancing service quality."[^29]

7.  In 2001, the Wireless Telecommunications Bureau (WTB), on three
    different occasions, decided that the public interest was best
    served by continuing this policy of promoting competition in Part 90
    frequency coordination. On April 11, 2001, WTB granted United
    Telecom Council's (UTC) request to be certified for coordinating
    frequencies in the 800 and 900 MHz I/LT and Business Pools. [^30] At
    the same time, WTB offered the opportunity for other Part 90
    certified frequency coordinators to coordinate frequencies in these
    two pools.[^31] On June 8, 2001, WTB granted AMTA's request to
    coordinate frequencies in the I/B Pool below 512 MHz.[^32] The
    following month WTB granted requests by IMSA/IAFC and AASHTO to
    coordinate frequencies in the 800 MHz Public Safety Pool.[^33] In
    each instance, WTB found that the public interest would be served by
    allowing additional entities to provide frequency coordination.

    **III. ITA Request**

8.  ITA submitted a request for certification to provide frequency
    coordination services for the Part 90 929-930 MHz paging frequencies
    and for the former Special Emergency Radio Service frequencies
    listed in the Public Safety Pool.[^34] ITA states that the
    Commission has recognized the benefits of increased competition in
    the Part 90 frequency coordination process numerous times
    since 1997. It notes, however, that competition has never reached
    the 929-930 MHz paging channels or the Special Emergency
    channels.[^35] ITA points out that the Commission already has found
    ITA qualified to coordinate other Part 90 frequencies based on its
    representativeness, experience and expertise and its ability to
    coordinate on a nationwide basis. In this connection, it argues that
    coordinating the 929-930 MHz paging frequencies and the Special
    Emergency frequencies will not be any more difficult than its
    current coordination duties.[^36] Consequently, ITA submits that it
    is qualified to be a frequency coordinator for these frequencies.
    ITA contends that WTB has jurisdiction to act on delegated authority
    and certify it as a coordinator for these frequencies.[^37] The ITA
    request for certification was placed on *Public Notice* on December
    20, 2002.[^38]

9.  AMTA filed comments supporting the ITA Request.[^39] It contends
    there is no logical policy rationale for retaining the current
    coordination system for the Part 90 929-930 MHz frequencies and the
    Special Emergency frequencies while at the same time endorsing
    competition in the coordination of Part 90 frequencies in other
    categories.[^40] AMTA, however, takes the ITA request one step
    further and recommends that the Commission allow all Part 90
    certified frequency coordinators to coordinate frequencies in these
    two categories. AMTA supports ITA's recommendation that WTB act
    under delegated authority to address this request. It notes,
    however, that should the Commission determine that a more extensive
    review is required, that it consolidate this issue with the ongoing
    proceeding addressing the issue of competitive coordination in the
    Public Safety Radio Services.[^41] ITA filed reply comments urging
    the Commission to facilitate competitive coordination in the
    spectrum in question.

    **IV. DISCUSSION**

10. *Procedural issues.* Before we reach the merits of the ITA Request,
    we must first address certain procedural issues. First we must
    determine whether to proceed under delegated authority on an *ad
    hoc* basis or initiate a full rulemaking proceeding. We agree with
    ITA and AMTA that the WTB has delegated authority to certify
    frequency coordinators under Sections 0.131(m) and 0.331 of the
    Commission's Rules.[^42] Section 0.131(m) lists "\[c\]ertifies
    frequency coordinators; considers petitions seeking review of
    coordinator actions; and engages in oversight of coordinator actions
    and practices" as Bureau functions.[^43] In this regard, we note
    that Section 0.331 delegates authority to "perform all functions of
    the Bureau described in § 0.331, subject to ... certain exceptions
    and limitations."[^44] The exceptions and limitations include "...
    novel or new interpretations of law or policy which cannot be
    resolved under outstanding Commission precedents and
    guidelines."[^45] Given the history set forth above regarding
    certification of Part 90 frequency coordinators in general and
    specifically for spectrum above 512 MHz, we do not believe that
    certifying additional coordinators in the 929-930 MHz paging
    category constitutes a new or novel question of law or policy that
    cannot be resolved under outstanding Commission precedents and
    guidelines. Further, as the Commission stated in another context
    "WTB already has delegated authority to select frequency
    coordinators in the services it administers."[^46] Accordingly, we
    conclude that the WTB may properly address this matter on an *ad
    hoc* basis pursuant to delegated authority.

11. Before deciding whether to proceed on an *ad hoc* basis regarding
    Special Emergency frequencies, we must consider one additional
    issue. The Commission determined that the issue of whether to
    introduce competitive coordination for public safety services below
    512 MHz generally should be the subject of a notice and comment
    rulemaking proceeding.[^47] Since Special Emergency frequencies are
    technically part of the Public Safety Pool (see 47 C.F.R.§ 90.20) we
    must decide whether the ITA Request should be included as part of
    that proceeding or whether the Special Emergency frequencies are
    sufficiently different from the main focus of that proceeding,
    *i.e.,* introducing competitive coordination for public safety
    frequencies that are used primarily for critical communications
    (safety of life, health and property), that we can address the issue
    of expanding competition in the Special Emergency category under
    delegated authority.

12. We believe that operations on frequencies in the Special Emergency
    category are sufficiently different from operations on other Public
    Safety Pool frequencies below 512 MHz (traditional public safety
    frequencies) that the issue of expanding competitive coordination in
    the Special Emergency category can be addressed on an *ad hoc*
    basis. We take this position for several reasons. First, the
    eligibility for Special Emergency frequencies is much boarder than
    for the traditional public safety frequencies. Non-governmental
    entities are eligible to obtain a license on Special Emergency
    frequencies without the approval from a governmental entity. The
    Commission recognized the substantial role of non-governmental users
    of Special Emergency frequencies when it certified PCIA as a
    co-coordinator. Second, the frequencies are routinely used for
    non-emergency communications.[^48] Third, we note that because of
    the broad eligibility and the frequency of non-emergency
    communications, the Commission in the past has distinguished between
    these two categories -- Public Safety and Special Emergency. For
    example, we note here that prior to the Commission's decision in the
    *Second Report and Order* to consolidate the twenty PLMR services
    below 512 MHz, the former Special Emergency Radio Service was not
    included in the Public Safety Radio Services. Further, for purposes
    of inter-service sharing, the former Special Emergency Radio Service
    was grouped with the Industrial/Land Transportation Services not the
    Public Safety Radio Services. In addition, in separating out the
    emergency medical functions from the former Special Emergency Radio
    Service, the Commission noted that placing emergency medical
    operations in the public safety services "is consistent with our
    scheme differentiating the Special Emergency and Public Safety Radio
    Services."[^49] Fourth, the public safety community did not file
    comments in this proceeding opposing the ITA request. Finally, we
    note that it is within an agency's discretion to determine whether
    to proceed on any matter by individual or collective action.[^50]
    Accordingly, we conclude that WTB may properly address this matter
    on an *ad hoc* basis pursuant to delegated authority.

13. The next issue is whether we should, as suggested by AMTA, expand
    the scope of this proceeding to include all similarly situated Part
    90 certified frequency coordinators. In other similar requests we
    have expanded the scope to allow other interested frequency
    coordinators to request certification.[^51] We see no reason to
    depart from this approach here. Therefore, we will consider herein
    the issue of whether to permit other certified Part 90 frequency
    coordinators to coordinate the spectrum in question.

14. *Merits of the request.* In order to address the requests, we must
    first decide whether it is appropriate to introduce competition in
    the coordination process for the 929-930 MHz paging frequencies and
    the Special Emergency frequencies. As noted above, on several
    occasions since 1997 the Commission has decided to introduce
    competition in the coordination process for various Part 90
    frequency groups. In this connection, it was the Commission's belief
    that, in general, where services are similar, introducing
    competition in the coordination process will lower prices and
    improve the quality of frequency coordination, including speeding
    application processing time. Our experience regarding introducing
    competition in the frequency coordination process generally has been
    successful.[^52] Further, we believe, as a general matter, we should
    promote competition whenever possible.[^53]

15. In regards to the desirability and feasibility of coordinator
    competition for the Part 90 929-930 MHz paging frequency category,
    we conclude that there is no significant difference, from a
    frequency coordination standpoint, between the licensees and systems
    on these frequencies and on Part 90 frequencies in other categories
    (*i.e.,* the 800 MHz and 900 MHz I/LT and Business Pools) where we
    have allowed competition in the coordination process. As for
    frequencies in the Special Emergency category, we note that the
    eligibility is similar to the old General Category frequencies where
    both government (public safety) and non-government
    (business/industrial) users were eligible. Because of the diverse
    eligibility in the General Category, the Commission decided to
    certify multiple coordinators. We believe the public interest is
    served by taking a similar approach here. Also, although Special
    Emergency licensees may have slightly different requirements than
    I/B Pool users, we believe such operations are fundamentally similar
    and, can be effectively accommodated by any certified frequency
    coordinator. Accordingly, we find it in the public interest to allow
    competition in the coordination process for Part 90 929-930 MHz
    paging frequencies and frequencies in the Special Emergency
    category.

16. We next address the issue of whether ITA and AMTA are qualified to
    coordinate 929-930 MHz paging frequencies and Special Emergency
    frequencies. As noted above, the criteria the Commission established
    in 1986 for PLMR frequency coordination certification were (a)
    representativeness of the users to be coordinated; (b) the entity's
    overall coordination plan, including how recommendations would be
    made and equality of applicant treatment; (c) the entity's
    experience coordinating frequencies in the service or technical
    expertise; and (d) nationwide coordination capability. We already
    have found that both ITA and AMTA meet these criteria for numerous
    frequency pools when we certified them as a frequency coordinator
    for the frequencies currently under their respective purview. We now
    find that their qualifications extend to these new categories. Being
    a recognized coordinator both ITA and AMTA already have a
    coordination plan in place for coordinating similar operations, have
    experience and expertise in coordinating similar operations and
    provide nationwide service. Further, we have received no significant
    complaints about either entity's performance to date. In regard to
    the other criteria, representativeness, we conclude that both ITA
    and AMTA are generally representative.[^54] In this regard, we note
    that both are trade associations that have been representing Part 90
    non-governmental users for sometime. Further, both are similar to
    PCIA a current coordinator in each of these categories. Finally, we
    note that entities that are eligible for the frequency pools these
    entities already coordinate are also eligible for the 929-930 MHz
    paging frequencies and the Special Emergency frequencies.

17. *Notification.* When we introduced competition into the coordination
    process in other categories we required the new coordinators to
    comply with the current notification procedures for certified
    coordinators. We see no reason to deviate from such an approach
    here. Coordinators who choose to recommend frequencies in these two
    categories will be required to adopt a system of information
    exchange to ensure that applications, once submitted, are not in
    conflict with other applications being submitted simultaneously or
    concurrently. We will require that coordinators provide notification
    of all frequency recommendations for 929-930 MHz and Special
    Emergency frequencies to every certified in-pool coordinator that is
    also certified to coordinate that frequency within one business day
    of making such recommendations. This notification requirement, which
    in 1997 was imposed on coordinators recommending below 512 MHz
    frequencies, will improve the speed and quality of
    recommendations.[^55] In the interests of efficiency and fairness,
    notification must be made to all in-category coordinators at
    approximately the same time. To encourage and facilitate the
    cooperation between in-category coordinators, we will require that
    each coordinator communicate at least once each business day with
    each other in-category coordinator. Even on days that there are no
    coordination, communication between coordinators is required.[^56]

18. Each notification, at a minimum, must include the following: (a)
    name of applicant, (b) frequency or frequencies recommended, (c)
    antenna height, (d) antenna location(s), (e) type of emissions, (f)
    effective radiated power, (g) a description of the service area,
    and (h) the time the recommendation was made.[^57] The
    implementation details of providing notification will be left to
    each coordinator's discretion. Also, rather than require
    coordinators to routinely include all information on proposed
    systems, we will require coordinators to provide this additional
    information only upon request. Therefore, each coordinator must
    furnish, upon request, within one business day, any additional
    information requested regarding a pending coordination that it
    processed.[^58] We believe that these procedures will prevent the
    filing of conflicting applications while fostering competition in
    the frequency coordination process.

    **V. CONCLUSION**

19. After careful consideration of the information before us, we are
    persuaded that ITA has the qualifications necessary to follow the
    rules and regulations in performing frequency coordination in the
    Part 90 929-930 MHz paging and the special emergency categories. We
    therefore grant ITA's request for certification to provide frequency
    coordination for Part 90 929-930 MHz paging frequencies and Special
    Emergency frequencies.

20. Additionally, we conclude that all other coordinators that are
    certified to coordinate below 512 MHz I/B Pool frequencies are
    qualified to coordinate the Part 90 929-930 MHz paging frequencies
    and the special emergency frequencies. Since AMTA has already
    requested certification for these categories in the context of this
    proceeding,[^59] we hereby certify AMTA to coordinate frequencies in
    these two categories. Other currently certified non-public safety
    coordinators interested in coordinating these frequencies must
    notify the Bureau of their intentions within forty-five days from
    the date this *Order* is released. Notification for the 929-930 MHz
    paging category should be addressed to Mr. Roger Noel, Chief,
    Mobility Division, Wireless Telecommunications Bureau, Federal
    Communications Commission, 445 12^th^ Street, S.W., Washington,
    D.C. 20554. Notification for the special emergency category should
    be sent to Ms. D'wana Terry, Chief, Public Safety and Critical
    Infrastructure Division, Wireless Telecommunication Bureau at the
    same address as above. In order to inform applicants and other
    coordinators as to which entities provide coordination services for
    these two categories, we will announce the certification of any
    additional coordinators for this spectrum by public notice.

    **VI. ORDERING CLAUSES**

21. 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 1.41 of the Commission's Rules, 47 C.F.R. § 1.41, the
    *Informal Request for Certification* filed by the Industrial
    Telecommunications Association on June 27, 2002 IS GRANTED to the
    extent discussed above.

22. IT IS FURTHER ORDERED that the Industrial Telecommunications
    Association and the American Mobile Telecommunications Association,
    Inc. ARE CERTIFIED to provide frequency coordination services for
    the Part 90 929-930 MHz paging frequencies and the special emergency
    frequencies (those frequencies in the Public Safety Pool with the
    symbol "PS" in the coordinator column).

23. 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 Roger Noel Chief, Public Safety and Critical
    Infrastructure Division Chief, Mobility Division Wireless
    Telecommunications Bureau Wireless Telecommunications Bureau

[^1]: The five shared 900 MHz paging frequencies are listed in 47 C.F.R.
    § 90.494(b).

[^2]: Prior to radio service consolidation in 1997, certain Part 90
    frequencies were available for stations in the former Special
    Emergency Radio Service. Under current rules, applications for these
    frequencies must be coordinated by the Special Emergency
    Coordinator. For convenience, we refer to these frequencies herein
    as "special emergency" frequencies, which are listed in 47 C.F.R. §
    90.20(c)(3) with the symbol "PS" in the coordinator column.

[^3]: Industrial Telecommunications Association, Informal Request for
    Certification to Provide Frequency Coordination Services for the
    929-930 MHz Paging Frequencies and Special Emergency Frequencies
    under Part 90 of the Commission's Rules (filed June 27, 2002) (ITA
    Request).

[^4]: In its comments to the ITA request, AMTA asks that it, as well as
    other Part 90 frequency coordinators, be certified as frequency
    coordinators for the 929-930 MHz paging frequencies and the Special
    Emergency frequencies below 512 MHz.

[^5]: For the Part 90 definition of a frequency coordinator *see* 47
    C.F.R. § 90.7. *See also,* Frequency Coordination in the Private
    Land Mobile Radio Services, *Report and Order,* PR Docket No.
    83-737, 103 FCC 2d 1093, 1094 ¶ 1 (1986) (*Frequency Coordination
    Report and Order*).

[^6]: *Frequency Coordination Report and Order*, 103 FCC 2d 1096, ¶ 4
    (citing Amendment of Part 11, Rules Governing the Industrial Radio
    Services, to Delete, Modify and Create Services and to Effect
    Changes in the Availability of Frequencies, *First Report and
    Order,* Docket No. 11991, FCC 58-602, 23 Fed. Reg. 4784 (1958)).

[^7]: *Id.* at 1126-47 ¶¶ 70-108.

[^8]: *Id.* at 1095 ¶ 2.

[^9]: *Id.* at 1127-46 ¶¶ 71-108.

[^10]: Frequency Coordination in the Private Land Mobile Radio Services,
    *Notice of Proposed Rulemaking,* PR Docket No. 83-737, 49 Fed. Reg.
    45456 ¶ 14 (1986).

[^11]: *Frequency Coordination Report and Order,* 103 FCC 2d at 1121-22
    ¶¶ 57-59. The Commission permitted the continued use of three
    coordinators for recommending 800 MHz General Category frequencies
    because this procedure had evolved into a workable, manageable
    system. The Commission recognized that there was no reason to
    deviate from the then-current situation even though this was a
    departure from the overall policy and direction. *Id.* at 1146 ¶
    108.

[^12]: *Id.* at 1126 ¶ 70.

[^13]: *Id.* at 1126 n. 17.

[^14]: For example, how frequency recommendations would be made and
    whether all applicants would be treated equally. *Id.* at 1126 ¶ 70.

[^15]: *Id.*

[^16]: At that time PCIA was known as the National Association of
    Business and Educational Radio.

[^17]: PCIA and IMSA/IAFC filed a joint proposal to coordinate
    frequencies in the Special Emergency Radio Service. *Frequency
    Coordination Report and Order, 13 FCC 2d* at-¶ 77.

[^18]: In general, the PLMR spectrum below 512 MHz comprises PLMR
    services within the 30-50 MHz, 150-174 MHz, 421-430 MHz, 450-470 MHz
    and the 470-512 MHz bands.

[^19]: *See* Replacement of Part 90 by Part 88 to Revise the Private
    Land Mobile Radio Services and Modify the Policies Governing Them
    and Examination of Exclusivity and Frequency Assignments Policies of
    the Private Land Mobile Services, PR Docket No. 92-235, *Second
    Report and Order*, 12 FCC Rcd 14307, 14328 ¶ 40 (1997).

[^20]: The four public safety coordinators are the American Association
    of State Highway and Transportation Officials (AASHTO), IMSA/IAFC,
    Forestry Conservation Communications Association (FCCA) and
    Association of Public-Safety Communications Officials International,
    Inc. (APCO).

[^21]: *Second Report and Order, 12FCC Rcd* at 14327 ¶ 38.

[^22]: The I/B Pool frequencies are listed in § 90.35.

[^23]: *Second Report and Order, 12 FCC Rcd* at 14310 ¶ 5.

[^24]: Amendment of Part 90 of the Commission's Rules to expand
    Coordination of the 800 MHz General Category Channels, *Report and
    Order,* PR Docket No. 92-209, 8 FCC Rcd 3626, 3627 ¶ 7, 3628 ¶ 9
    (1993).

[^25]: *Second Report and Order, 12 FCC Rcd* at 14325-26 ¶ 34.

[^26]: *Id.*

[^27]: *See* Development of Operational, Technical and Spectrum
    Requirements for Meeting Federal, State and Local Public Safety
    Agency Communication Requirements Through the Year 2010,
    Establishment of Rules and Requirements for Priority Access Service,
    *First Report and Order and Third Notice of Proposed Rulemaking,* WT
    Docket No. 96-86, 14 FCC Rcd 152, 200 ¶ 98 (1998) (*700 MHz First
    Report and Order*).

[^28]: *700 MHz First Report and Order,* 14 FCC Rcd at 200 ¶ 98.

[^29]: *Id*.

[^30]: United Telecom Council Informal Request for Certification as a
    Frequency Coordinator in the PLMR 800 MHz and 900 MHz Bands,
    *Order*, 16 FCC Rcd 8436 (WTB PSPWD 2001) (certifying UTC, ITA,
    MRFAC, PCIA and UTC for 800 MHz and 900 MHz Business and
    Industrial/Land Transportation frequencies)(*UTC Order*).

[^31]: *Id.* at ¶ 1.

[^32]: American Mobile Telecommunications Association, Inc. and American
    Trucking Association, Inc. Petition for Transfer of Frequency
    Advisory Committee Certification, *Memorandum Opinion and Order*, DA
    01-1411, released June 11, 2001 (*AMTA MO&O*).

[^33]: AASHTO, *et al.,* *Order*, 16 FCC Rcd 14530 (2001) (*AASHTO
    Order*).

[^34]: *See* fn 2, *supra*.

[^35]: ITA Request at 3.

[^36]: ITA Request at 6-9.

[^37]: ITA Request at 4-5.

[^38]: Wireless Telecommunications Bureau Seeks comment on Informal
    Request of Industrial Telecommunications Association for
    Certification to Provide Frequency Coordination for 929-930 MHz
    Paging Frequencies and Special Emergency Frequencies Below 512 MHz,
    *Public Notice*, DA 02-3549, released December 20, 2002. We received
    one comment and one reply comment.

[^39]: AMTA comments at 1.

[^40]: AMTA comments at 5.

[^41]: AMTA comments at 6. *See* Amendment of Sections 90.20 and 90.175
    of the Commission's Rules for Frequency Coordination of Public
    Safety Frequencies in the Private Land Mobile Radio Below-512 MHz
    Band, *Notice of Proposed Rulemaking,* WT Docket No. 02-285,
    (*Public Safety NPRM*).

[^42]: 47 C.F.R. §§ 0.131and 0.331.

[^43]: *See 47 C.F.R..* § 0.131(m).

[^44]: *See 47 C.F.R..* § 0.331.

[^45]: *See 47 C.F.R..* § 0.131.

[^46]: Amendment of Parts 2 and 95 of the Commission's Rules to Create a
    Wireless Medical Telemetry Service, *Report and Order*, ET Docket
    No. 99-255, 15 FCC Rcd 11206, 11218 ¶ 36 (2000).

[^47]: *See* *Public Safety NPRM*.

[^48]: In describing the communications on Special Emergency
    frequencies, the Commission has noted that communications are not
    ordinarily of the same critical nature as communications in the
    Public Safety Radio Services. *See* Amendment of Part 90 of the
    Commission's Rules to Create the Emergency Medical Radio Service,
    *Notice of Proposed Rule Making*, PR Docket No. 91-72, 6 FCC Rcd
    2017 ¶ 11 (1991) (*EMRS Notice*). *See also,* Amendment of Part 90
    of the Commission's Rules to Create the Emergency Medical Radio
    Service, *Report and Order*, PR Docket No. 91-72, 8 FCC Rcd 1454 ¶ 6
    (1993)(*EMRS R&O*).

[^49]: *EMRS Notice*, 6 FCC Rcd at 2017 ¶ 11.

[^50]: *See* SEC v. Chenery Corp., 332 U.S. 194, 203 (1947).

[^51]: *See UTC Order.* *See also, AASHTO Order*.

[^52]: *UTC Order* at ¶ 9.

[^53]: *See* Federal Communications Commission, Strategic Plan FY
    2003-FY2008 (2002).

[^54]: In certifying additional coordinators in the past, WTB stated
    that coordinators are not required to represent a specific segment
    of eligible users but rather in the current regulatory regime of
    consolidation need only show that they are generally representative
    of users eligible to be licensed for the spectrum. *See AMTA MO&O*,
    at ¶ 13.

[^55]: *Refarming Second Report and Order*, 12 FCC Rcd at 1433 ¶ 47.

[^56]: *Id.*

[^57]: *Id.* at 1433-34 ¶ 47.

[^58]: *Id.* at 1434 ¶ 49.

[^59]: *See supra* para 9.