**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of Applications of | * | File Nos. 0001855193,        |
|                                  | * | 0001855197                   |
| ATTORNEY GENERAL'S OFFICE OF THE | ) |                              |
| STATE OF NEW JERSEY              | * | File Nos. 0001954152,        |
|                                  | * | 0002058180                   |
| To Operate Public Safety Radio   |   |                              |
| Communications Systems in        | * | File No. 0002058421          |
| Frequency Band\                  | * |                              |
| 470-512 MHz in New Jersey        | ) |                              |
|                                  | * |                              |
| MELVILLE, NEW YORK FIRE DISTRICT | * |                              |
|                                  |   |                              |
| To Modify Its License for        | * |                              |
| Station WIG703, Melville, New    | * |                              |
| York                             | ) |                              |
|                                  | * |                              |
| COUNTY OF BERGEN, NEW JERSEY     | * |                              |
|                                  |   |                              |
| To Modify Its License for        | * |                              |
| Station WQBL384, Mahwah, New     | * |                              |
| Jersey                           | ) |                              |
|                                  | * |                              |
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+----------------------------------+---+------------------------------+

**ORDER**

**Adopted: June 3, 2005 Released: June 7, 2005**

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

# introduction

1.  We have before us the above-captioned applications and waiver
    requests filed by three public safety agencies in the New Jersey/New
    York area. Specifically, the Attorney General's Office of the State
    of New Jersey (New Jersey) filed two applications and an associated
    waiver request seeking authorization to operate two wide-area public
    safety radio communications systems on twenty frequencies in the New
    Jersey portions of the New York and Philadelphia metropolitan
    areas.[^1] New Jersey seeks a waiver, pursuant to Section 337(c) of
    the Communications Act, as amended (the Act),[^2] to permit it to
    use currently unassigned frequencies allotted for non-public safety
    use.[^3] Melville, New York, Fire District (Melville) filed two
    applications[^4] and a waiver request to modify its license for
    Station WIG703, Melville, New York, to replace a Part 22 frequency
    pair with a different Part 22 frequency pair in the UHF[^5] band. In
    addition, we have before us an application[^6] filed by the County
    of Bergen, New Jersey (Bergen) to modify its license for Station
    WQBL384, Mahwah, New Jersey, to include locations identical to those
    in New Jersey's application in the northeast portion of the state.
    Finally, we have before us a joint agreement (Agreement)[^7] among
    the parties that resolves several disputed proceedings involving
    applications and waiver requests of the three agencies to use UHF
    Part 22 paging service frequencies for needed improvements to each
    agency's radio communications system. For the reasons stated herein,
    we grant the waiver requests and approve the Agreement to the extent
    that we order the processing of the applications effectuating the
    Agreement.

# background

2.  *New Jersey*. New Jersey states that its expansive corporate and
    investment banking presence, its enormous rail, shipping, airport,
    and highway infrastructure, and the proximity to New York City and
    Philadelphia present severe challenges in responding to emergency
    circumstances.[^8] It has commenced several initiatives to
    strengthen statewide response and emergency preparedness in response
    to the September 11, 2001 attacks.[^9] A key component of the plan
    is an interoperable system of voice and data radio communications
    across jurisdictions and agencies.[^10] New Jersey seeks UHF
    channels to improve the breadth and quality of interoperability
    capability by complementing its interoperability tactical channels
    in the 800 MHz band and the VHF band.[^11] In FCC File No.
    0001855193, New Jersey proposes to operate on frequency pairs
    470/473.0875 and 470/473.1625 MHz in the northern counties and
    cities near New York City.[^12] In FCC File No. 0001855197, New
    Jersey proposes to operate on frequency pairs 500.1625/503.1125,
    500/503.2375, 500/503.2625, 506/509.0875, 506/509.1125,
    506/509.1625, 506/509.2125, and 506/509.2625 MHz in the counties and
    cities surrounding Philadelphia and Trenton.[^13] As the frequencies
    in question are not designated for public safety use, New Jersey
    requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and
    90.311 of the Commission's Rules.[^14]

3.  On November 17, 2004, the Wireless Telecommunications Bureau, Public
    Safety and Critical Infrastructure Division (Division) placed New
    Jersey's applications and waiver request on public notice.[^15]
    Comments or reply comments in support of New Jersey's request were
    filed by Westchester County, New York, the Jersey City Police
    Department, the Newark Police Department, the New Jersey General
    Assembly, the Essex County Sheriff, the County of Bergen Police
    Department, the Urban Area Security Initiative, and New Jersey.[^16]
    Melville filed comments opposing New Jersey's request with respect
    to FCC File No. 0001855193, frequency pair 470/473.1625 MHz.[^17]
    Melville's Station WIG703 operates on, *inter alia*, frequency pair
    470/473.1625 MHz. Melville contended that New Jersey's temporary
    base stations and repeaters and its fixed site in Newark, New Jersey
    would present an interference concern because they would permit
    co-channel operations within forty miles of Station WBIG703.[^18]

4.  On February 23, 2005, in accordance with the Agreement and in order
    to provide better interference protection to Melville's co-channel
    operations, New Jersey amended FCC File No. 0001855193 by limiting
    its proposed use of frequency pair 470/473.1625 MHz to the technical
    parameters of Bergen's Station WQBL384 before modification. The
    Agreement states that New Jersey may choose to share this frequency
    pair and/or frequency pair 470/473.2375 MHz with Bergen in the
    future,[^19] pursuant to Section 90.179 of the Commission's
    Rules.[^20] Both agencies agree that their licenses for frequency
    pair 470/473.1625 MHz shall contain an explicit condition that New
    Jersey and/or Bergen shall not expand the footprint reflected by
    Bergen's authority under Station WQBL384 and shall protect
    Melville's co-channel operations.[^21]

5.  *Melville*. Melville's Station WIG703 is authorized to operate on
    frequency pairs 470/473.1625 and 470/473.2375 MHz pursuant to a
    waiver of Part 22 of the Commission's Rules. On November 30, 2004,
    Melville filed an application and waiver request seeking to add to
    its license for Station WBIG704 frequency pair 476/479.0125 MHz,
    with the intent of submitting a subsequent application to delete
    frequency pair 470/473.2375 MHz upon grant of frequency pair
    476/479.0125 MHz.[^22] On December 15, 2004, the Division placed
    Melville's application and waiver request on public notice.[^23]
    Bergen and New Jersey filed reply comments indicating that a
    resolution of the parties' co-channel dispute had been reached that
    would be submitted to the Commission shortly.[^24]

6.  On February 23, 2005, Melville submitted an application to modify
    its license for Station WBIG704 to delete frequency pair
    470/473.2375 MHz, for the purpose of resolving a co-channel dispute
    with Bergen.[^25] In addition, Melville agrees to an explicit
    condition on its license to employ a six-degree downtilt antenna on
    frequency 470.1625 MHz, and that Melville shall not expand the
    footprint established by its applications and shall protect the
    co-channel operations of New Jersey and/or Bergen.[^26]

7.  *Bergen*. Bergen's Station WQBL384 is authorized to operate on
    frequency pair 470/473.2375 MHz. Under the Agreement, Bergen seeks
    to delete the three locations on its current authorization and add
    new locations identical to those on New Jersey's pending
    application, FCC File No. 0001855193, for the purpose of potentially
    sharing frequency pairs 470/473.1625 and/or 470/473.2375 MHz with
    New Jersey in the future.

8.  On March 7, 2005, the Bureau placed the remaining applications
    pertaining to the Agreement, specifically, Bergen's application and
    New Jersey's amended application, on public notice.[^27] Bergen and
    New Jersey filed reply comments urging the Commission's approval of
    their applications.[^28]

#  discussion

9.  Section 337(c) of the Act provides that the Commission must waive
    any rules necessary to authorize entities providing public safety
    services to operate on unassigned non-public safety spectrum, if the
    Commission makes five specific findings:

-   public safety spectrum is not immediately available;

-   the proposed use will not cause harmful interference to protected
    spectrum users;

-   public safety use of the unassigned frequencies is consistent with
    public safety spectrum allocations in the geographic area;

-   the unassigned frequencies have been allocated for non-public safety
    use for more than two years; and

-   grant of the application is consistent with the public
    interest.[^29]

10. Public safety services are services the principal purpose of which
    is to protect the safety of life, health, or property, provided by
    governmental entities whose primary mission is the provision of such
    services, or by non-governmental entities authorized by such a
    governmental entity, and that are not made commercially available to
    the public.[^30] Based on the record before us, we find that New
    Jersey, Melville, and Bergen are entities providing public safety
    services.[^31] In a recent related matter, we concluded that
    Melville and Bergen had met all of the requirements of Section
    337(c);[^32] therefore, in the present proceeding, with respect to
    these parties we need only review whether the proposed modifications
    will cause harmful interference to protected spectrum users, and
    whether the grant of the requests is consistent with the public
    interest. We will review all of the criteria with respect to New
    Jersey.

11. *Immediate availability of public safety spectrum.* New Jersey
    contends no public safety spectrum is immediately available that
    would support its proposed radio system.[^33] New Jersey makes the
    following observations:

-   The 150-160 MHz band has no available frequencies that meet the
    channel requirements of New Jersey's initiatives;

-   The Part 90 450-466 MHz, 470-473 MHz and 476-479 MHz bands contain
    6.25 kHz bandwidth channels, but these frequencies are not available
    because no manufacturer provides equipment for this narrow
    bandwidth. These channels cannot be coordinated due to the close
    proximity of existing co- or adjacent channel users;

-   The 764-776 and 794-806 MHz bands, while designated for public
    safety use, are not immediately available for New Jersey because of
    existing television broadcast stations;

-   The 806-821 MHz, 821-824 MHz, 851-866 MHz bands, and 866-869 MHz
    bands do not have unassigned land mobile or wide-area channels.[^34]

    Based on the record before us and previous proceedings demonstrating
    the shortage of unassigned public safety spectrum in the New York
    metropolitan area,[^35] we concur with New Jersey's contentions and
    find that no other public safety spectrum is immediately available
    to satisfy the requested public safety service use.

12. *Technical feasibility of requested use without causing harmful
    interference.* New Jersey's proposed frequencies are in the 470-512
    MHz band, which is allocated on a geographically-shared basis with
    television broadcast stations.[^36] In the New York and Philadelphia
    metropolitan areas, the Commission regulates the twenty requested
    frequencies under Part 22 of its Rules.[^37] Specifically, eighteen
    of the frequencies requested herein are designated for
    point-to-multipoint transmitters used to support transmitters that
    provide public mobile service, *i.e*., paging control.[^38] The
    other two frequencies requested herein are designated for trunked
    mobile operations.[^39] New Jersey has reviewed the television
    broadcast operations on TV Channels 14, 15, and 16 and found that
    there are no co-channel or adjacent channel TV operations that are
    within the Commission's spacing rules.[^40] We have determined that
    New Jersey's proposed systems will not cause harmful interference to
    existing Part 22 licensees. In addition, an FCC-certified frequency
    coordinator of Public Safety Pool frequencies determined that New
    Jersey's proposed radio system will not interfere with other
    licensed public safety systems.[^41]

13. New Jersey's amended application reduces the proposed area of
    operation for frequency pair 470/473.1625 MHz in order to mitigate
    Melville's opposition in its December 2, 2004 comments. New Jersey
    requests a special condition stating that as long as Melville is
    licensed co-channel, New Jersey shall (1) not expand the service
    area footprint reflected by the initial grant of New Jersey's
    station at locations 9, 10, and 11 on frequency pair 470/473.1625
    MHz; and (2) protect Melville's co-channel operations. Based on the
    record before us and New Jersey's request for a special condition,
    we conclude that the operational and technical parameters of New
    Jersey's proposed systems meet the Commission's requirements for
    interference protection to incumbent public safety licensees.
    Therefore, we find that New Jersey's proposed systems are
    technically feasible and will not cause harmful interference to
    protected spectrum users.

14. Melville's proposed new frequency pair 476/479.0125 MHz is
    co-channel with Stations WQBL360, North Plainfield, New Jersey, and
    WQBL367, Somerville, New Jersey, licensed to the County of Somerset,
    New Jersey (Somerset). As Melville is located more than forty miles
    from Somerset, we conclude that Melville meets the co-channel
    spacing requirement for fully-loaded frequencies.[^42] The frequency
    pair is also adjacent channel to the Jersey City Police Department
    Station WQBL368, Jersey City, New Jersey, on frequency pair
    476/479.0250 MHz. We conclude that Melville satisfies the frequency
    coordination procedures established by the Land Mobile
    Communications Council (LMCC)[^43] in that neither Melville nor
    adjacent channel, incumbent stations is predicted to receive greater
    than five percent degradation in service area reliability as a
    result of Melville's proposed operations on frequency pair
    476/479.0250 MHz. Melville requests a special condition on its
    license, stating that as long as New Jersey and/or Bergen are
    licensed co-channel, Melville shall (1) employ a six-degree downtilt
    antenna on frequency 470.1625 MHz, (2) not expand the footprint
    established by its applications, and (3) protect the co-channel
    operations of New Jersey and/or Bergen. Based on the record before
    us and Melville's request for a special condition, we conclude that
    the operational and technical parameters of Melville's proposed
    modification meet the Commission's requirements for interference
    protection to incumbent public safety licensees. We have determined
    that Melville's proposed modification will not cause harmful
    interference to existing Part 22 licensees. Therefore, we find that
    Melville's proposed modification is technically feasible and will
    not cause harmful interference to protected spectrum users.

15. Bergen's proposed expansion on frequency pair 470/473.2375 MHz is
    technically feasible and will not cause harmful interference to
    Melville because Melville requests deletion of the frequency pair
    from its license. Bergen requests a special condition on its
    license, stating that as long as Melville is licensed on frequency
    pair 470/473.1625, (1) if Bergen should ever be licensed on
    frequency pair 470/473.1625, it shall not expand the service area
    footprint reflected by Bergen's initial grant of Station WQBL384,
    locations 1, 2, and 3; and (2) Bergen shall protect Melville's
    co-channel operations. Based on the record before us and Bergen's
    request for a special condition, we conclude that the operational
    and technical parameters of Bergen's proposed system meet the
    Commission's requirements for interference protection to incumbent
    public safety licensees. We have determined that Bergen's proposed
    modification will not cause harmful interference to existing Part 22
    licensees. Therefore, we find that Bergen's proposed modification is
    technically feasible and will not cause harmful interference to
    protected spectrum users.

16. *Public safety use of the frequencies is consistent with other
    public safety spectrum allocations in the geographic area.* As New
    Jersey notes, the frequencies it proposes to use in its public
    safety communications system are within a frequency band where
    public safety land mobile radio operations are authorized, and, more
    importantly, is currently being used by other public safety agencies
    in the New York metropolitan area (*e.g.,* New York City, Bergen
    County, the Jersey City Police Department, and the City of Bayonne)
    and the Philadelphia/Trenton area (*e.g.,* Burlington County and
    Camden County).[^44] We therefore find that the use of the
    unassigned frequency pairs for the provision of the proposed public
    safety services is consistent with other allocations for the
    provision of such services in the geographic area for which the
    application is made. Moreover, because other agencies in the New
    York and Philadelphia metropolitan areas are using these
    frequencies, we believe that granting the request will promote
    interoperability capability among the public safety community in
    these areas.

17. *The frequencies have been allocated for non-public safety use for
    more than two years.* The Commission allocated these frequencies for
    Part 22 use in 1994.[^45] Thus, these frequencies have been
    allocated for their present use for more than two years.

18. *Granting this application is consistent with the public interest.*
    Based upon the record in this proceeding, we believe New Jersey's
    filings demonstrate that access to additional spectrum is needed in
    order to promote effective public safety communications.[^46] We
    believe that it would further the public interest by affording New
    Jersey's public safety community the necessary spectrum to allow it
    to safely protect the lives and property in its care. Indeed,
    Section 1 of the Act defines one of the Commission's overarching
    purposes as "promoting safety of life and property through the use
    of ... radio communication."[^47] Additionally, we find it
    significant that granting New Jersey's request will promote
    interoperability capability among the law enforcement and public
    safety agencies throughout New Jersey. Further, we conclude that
    granting Bergen and Melville's requests will promote the public
    interest because a grant will resolve pending disputes between the
    parties and will allow them to proceed with construction and
    operation of their public safety communications systems.

# conclusion

19. We conclude that the requests of New Jersey, Melville, and Bergen
    satisfy the criteria set forth under Section 337(c) of the Act to
    obtain grants of their applications to operate or modify public
    safety communications systems on frequencies in the 470-512 MHz
    band. We therefore grant New Jersey, Melville, and Bergen's requests
    for waiver.[^48] Accordingly, we order the processing of their
    applications with the special conditions listed in the following
    table:

  --------------- ------------- ------------- ------------------------------------
  **Applicant**   **FCC File    **Call Sign** **Special Conditions**
                  No.**                       

  New Jersey      0001855193    (To be        While the Melville Fire District is
                                determined)   licensed co-channel on frequency
                                              pair 470/473.1625 MHz, the licensee
                                              shall (1) not expand the service
                                              area footprint reflected by the
                                              initial grant of the State of New
                                              Jersey's station at locations 9, 10,
                                              and 11 on frequency pair
                                              470/473.1625 MHz; and (2) protect
                                              the Melville Fire District's
                                              co-channel operations.

  New Jersey      0001855197    (To be        None.
                                determined)   

  Melville        0001954152,   WIG703        While the State of New Jersey and/or
                  0002058180                  the County of Bergen, New Jersey are
                                              licensed co-channel on frequency
                                              pair 470/473.1625 MHz, the licensee
                                              shall (1) employ six-degree downtilt
                                              antenna on frequency 470.1625 MHz;
                                              (2) not expand the footprint
                                              established by its applications,
                                              and; (3) protect the co-channel
                                              operations of the State of New
                                              Jersey and/or the County of Bergen,
                                              New Jersey.

  Bergen          0002058421    WQBL384       While the Melville Fire District is
                                              licensed on frequency pair
                                              470/473.1625, (1) if the licensee
                                              should ever be authorized on
                                              frequency pair 470/473.1625 MHz, it
                                              shall not expand the service area
                                              footprint reflected by the initial
                                              grant of Station WQBL384, locations
                                              1, 2, and 3; and (2) the licensee
                                              shall protect Melville Fire
                                              District's co-channel operations.
  --------------- ------------- ------------- ------------------------------------

# Ordering Clauses 

20. Accordingly, **IT IS ORDERED** that, pursuant to Sections 4(i) and
    337(c) of the Communications Act of 1934, as amended, 47 U.S.C. §
    154(i), 337(c), the request for waiver associated with the captioned
    applications filed by the Attorney General's Office of the State of
    New Jersey on August 27, 2004, as amended, for authorization to
    operate public safety radio communications systems as requested in
    the captioned applications **IS GRANTED**.

21. **IT IS FURTHER ORDERED** that, pursuant to Sections 4(i) and 337(c)
    of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i),
    337(c), the request for waiver associated with the captioned
    applications filed by the Melville Fire District on November 30,
    2004 and February 23, 2005, as amended, to modify its license for
    Station WIG703 as requested in the captioned applications **IS
    GRANTED**.

22. **IT IS FURTHER ORDERED** that, pursuant to Sections 4(i) and 337(c)
    of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i),
    337(c), the request for waiver associated with the captioned
    application filed by the County of Bergen, New Jersey on February
    23, 2005, as amended, to modify its license for Station WQBL384 as
    requested in the captioned application **IS GRANTED**.

23. **IT IS FURTHER ORDERED** that, pursuant to Sections 4(i) and 337(c)
    of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i),
    337(c), File Nos. 0001855193, 0001855197, 0002058421, 0001954152,
    and 0002058180 SHALL BE PROCESSED consistent with this *Order* and
    the Commission's Rules.

24. This action is taken under delegated authority pursuant to Sections
    0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0131, 0331.

FEDERAL COMMUNICATIONS COMMISSION

Michael J. Wilhelm

Chief, Public Safety and Critical Infrastructure Division Wireless
Telecommunications Bureau

[^1]: *See* FCC File No. 0001855193 (filed Aug. 27, 2004, amended Oct.
    26, 2004 and Feb. 23, 2005) (New Jersey Request); *see also* FCC
    File No. 0001855197 (filed Aug. 27, 2004, amended Oct. 19, 2004 and
    Oct. 26, 2004).

[^2]: 47 U.S.C. § 337(c). Alternatively, New Jersey seeks a waiver
    pursuant to Section 1.925 of the Commission's Rules, 47 C.F.R. §
    1.925. *See* New Jersey Request at 1.

[^3]: New Jersey Request at 5.

[^4]: *See* FCC File No. 0001954152 (filed Nov. 30, 2004) (Melville
    Request); *see also* FCC File No. 0002058180 (filed Feb. 23, 2005,
    amended Feb. 24, 2005).

[^5]: Frequencies in the 300 MHz to 3 GHz range are Ultra High
    Frequencies (UHF), but land mobile frequencies in the 450-512 MHz
    range are sometimes known as the land mobile "UHF band." In this
    *Order*, references to UHF mean 450-512 MHz. *See, e.g.*,
    Implementation of Sections 309(j) and 337 of the Communications Act
    of 1934 as Amended, *Notice of Proposed Rule Making*, WT Docket No.
    99-87, 14 FCC Rcd 5206, 5215 ¶¶ 11-12 (1999).

[^6]: *See* FCC File No. 0002058421 (filed Feb. 23, 2005, amended Feb.
    25, 2005 and Mar. 14, 2005).

[^7]: *See* Letter dated Jan. 7, 2005 from John Schmidig, Chief, and
    Mark K. Lepinski, Lieutenant, Bergen County Police Department,
    Salvatore Silvestri, Chairman, Board of Fire Commissioners, Melville
    Fire District, and Raymond J. Hayling II, Chief, Public Safety
    Communications, Office of the Attorney General, Department of Law
    and Public Safety, State of New Jersey, to Michael Wilhelm, Chief,
    Public Safety and Critical Infrastructure Division, Wireless
    Telecommunications Bureau (Agreement).

[^8]: *See* New Jersey Request at 3.

[^9]: *Id.*

[^10]: *Id*. at 4.

[^11]: *Id*.

[^12]: *See* *id*. at 7; *see also* FCC File No. 0001855193.

[^13]: New Jersey Request at 7; *see also* FCC File No. 0001855197.

[^14]: 47 C.F.R. §§ 22.7, 22.501, 22.621, 22.651, 90.311. Section 22.7
    limits eligibility to operate on Part 22 frequencies to common
    carriers. Section 22.501 defines the scope of the licensing and
    operation of the public paging and radiotelephone service. Section
    22.621 requires the use of point-to-multipoint operation on five of
    the requested frequencies. Section 22.651 requires the use of
    trunked mobile operations on the other five frequencies requested.
    *But see* 47 C.F.R. § 22.655 (FCC is redesignating public mobile
    channels in the 450-470 MHz range from trunked mobile operation to
    point-to-multipoint operation as the demand for trunked mobile
    service decreases). Section 90.311 excludes frequencies in the
    470-512 MHz range from assignment to private land mobile radio
    applicants if the frequencies are allocated for services under Part
    22.

[^15]: *See* Wireless Telecommunications Bureau Seeks Comment on Request
    for Waiver by the Attorney General's Office of the State of New
    Jersey to Operate a Wide Area Public Safety Radio System Utilizing
    Twenty UHF Paging Control and Trunked Mobile Frequencies, *Public
    Notice*, 19 FCC Rcd 22588 (WTB PSCID 2004). Comments were due on
    December 2, 2004, and reply comments were due on December 13, 2004.

[^16]: *See* Comments of Westchester County, New York (filed Dec. 2,
    2004); Reply Comments of the Office of the Attorney General of New
    Jersey (dated Dec. 13, 2004) (New Jersey Reply Comments); Reply
    Comments of the Jersey City Police Department (dated Dec. 13, 2004);
    Letter dated Dec. 10, 2004 from Anthony F. Ambrose, Police Director,
    Newark Police Department, to Marlene H. Dortch, Secretary, Federal
    Communications Commission; Letter dated Dec. 13, 2004 from Albio
    Sires, Speaker, New Jersey General Assembly, to The Honorable
    Michael Powell, Chairman, Federal Communications Commission; Letter
    dated Dec. 8, 2004 from Armando B. Fontoura, Essex County Sheriff,
    to Marlene H. Dortch, Secretary, Federal Communications Commission;
    Letter dated Dec. 10, 2004 from Lt. Mark Lepinski, County of Bergen
    Police Department, to Marlene H. Dortch, Secretary, Federal
    Communications Commission; Letter dated Dec. 9, 2004 from Scott
    DiGiralomo, Chair, Urban Area Security Initiative Executive
    Committee, to John Muleta, Chief, Wireless Telecommunications
    Bureau, Federal Communications Commission.

[^17]: *See* Comments of the Melville, New York, Fire District (filed
    Dec. 2, 2004).

[^18]: *Id*. at 3-4; *see also* 47 C.F.R. § 90.313(c).

[^19]: *See* Agreement at 2. Bergen and New Jersey are members of the
    Urban Area Security Initiative, which strives to provide
    interoperable communications among its member public safety agencies
    in New Jersey. *See id*.

[^20]: 47 C.F.R. § 90.179.

[^21]: *See* Agreement at 2.

[^22]: FCC File No. 0001954152, Request for Waiver.

[^23]: *See* Wireless Telecommunications Bureau Seeks Comment on Request
    for Waiver by the Melville, New York Fire District to Modify its
    Public Safety Radio System by Replacing Two UHF Paging Control and
    Trunked Mobile Frequencies, *Public Notice*, 19 FCC Rcd 24107 (WTB
    PSCID 2004). Comments were due on January 5, 2005, and reply
    comments were due on January 12, 2005.

[^24]: *See* Reply Comments of Bergen County, New Jersey (filed Jan. 12,
    2005); Reply Comments of the Office of the Attorney General of New
    Jersey (filed Jan. 12, 2005). Previously, Bergen and New Jersey
    filed comments to preserve their objections to Melville's operations
    in the event that no resolution is reached by the reply comment
    date. *See* Comments of Bergen County, New Jersey (filed Jan. 5,
    2005); Comments of the Office of the Attorney General of New Jersey
    (filed Jan. 5, 2005).

[^25]: *See* Agreement at 2.

[^26]: *Id.*

[^27]: *See* Wireless Telecommunications Bureau Seeks Comment on
    Applications and Waiver Requests of the County of Bergen, New Jersey
    and the Attorney General's Office of the State of New Jersey,
    *Public Notice*, 20 FCC Rcd 5127 (WTB PSCID 2005). Comments were due
    on March 22, 2005, and reply comments were due on March 29, 2005.

[^28]: *See* Reply Comments of Bergen County, New Jersey (filed Mar. 29,
    2005); Reply Comments of the Office of the Attorney General of New
    Jersey (filed Mar. 29, 2005). No comments were received.

[^29]: *See* 47 U.S.C. § 337(c).

[^30]: *See* 47 U.S.C. § 337(f).

[^31]: *See* Seven Public Safety Agencies in the New York Metropolitan
    Area, *Order*, 19 FCC Rcd 15355, 15361 ¶ 12 (WTB PSCID 2004) (Seven
    Public Safety Agencies Order).

[^32]: *See id.* at 15361-63 ¶¶ 13-18.

[^33]: *See* New Jersey Request at 7-8.

[^34]: *Id*.

[^35]: *See*, *e.g*., *Seven Public Safety Agencies* *Order*, 19 FCC Rcd
    at 15361 ¶ 13.

[^36]: Frequencies in the 470-512 MHz band, normally assigned to UHF
    Television channels 14 through 20, were made available for land
    mobile radio use in eleven cities in the early 1970s in the "UHF-TV
    Sharing" proceeding. *See* Land Mobile Use of TV Channels 14 through
    20, *Report and Order*, Docket No. 18261, 23 F.C.C. 2d 325 (1970).

[^37]: 47 C.F.R. § 22.1 *et. seq.*

[^38]: *See* 47 C.F.R. §§ 22.621, 22.627.

[^39]: *See* 47 C.F.R. §§ 22.651, 22.655. The two proposed frequencies
    allocated for trunked mobile operation are 473.0875 and 473.1625
    MHz. Both frequencies appear only on New Jersey's application in the
    New York metropolitan area, FCC File No. 0001855193.

[^40]: *See* Letter from Emil Vogel, Vogel Consulting Group, Inc., to
    the Federal Communications Commission, Public Safety and Critical
    Infrastructure Division, Wireless Telecommunications Bureau (dated
    Aug. 26, 2004). *See* 47 C.F.R. §§ 90.307, 90.309.

[^41]: *See* Letter dated Oct. 18, 2004 from Lieutenant Anthony Melia,
    APCO New Jersey Frequency Advisor, APCO International, to Michael
    Wilhelm, Chief, Public Safety and Private Wireless Division.

[^42]: *See* 47 C.F.R. § 90.313(c).

[^43]: *See* Frequency Selection Procedures---12.5 kHz Offset
    Assignments at 470-512 MHz, attached to Letter dated Sept. 10, 1997,
    from Larry A. Miller, President, LMCC, to Daniel B. Phythyon, Chief,
    Wireless Telecommunications Bureau. The LMCC consensus considers the
    relationship between a new 12.5 kHz bandwidth system and an existing
    25 kHz bandwidth system, separated by 12.5 kHz. The degree of
    interference is calculated using the methods defined by the TIA TSB
    88 document. If an applicant or an incumbent station is predicted to
    receive greater than five percent degradation in service area
    reliability, then the application shall not be certified by a
    frequency coordinator unless concurrence is obtained from all
    affected incumbents. *See id*.

[^44]: *See* New Jersey Request at 14.

[^45]: *See* Revision of Part 22 of the Commission's Rules Governing the
    Public Mobile Services, *Report and Order*, CC Docket No. 92-115, 9
    FCC Rcd 6513 (1994).

[^46]: *See* New Jersey Request at 4-5.

[^47]: 47 U.S.C. § 151.

[^48]: In view of the conclusion that a grant of a waiver for New Jersey
    is warranted under Section 337(c) of the Act, we need not reach the
    question of whether New Jersey's waiver request should be granted
    under Section 1.925(b)(3) of the Commission's Rules. *See Seven
    Public Safety Agencies Order*, 19 FCC Rcd at 15372 n.85.