**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | )  | File No. 0002910742          |
|                                  |    |                              |
| STATE OF WYOMING                 | )  |                              |
|                                  |    |                              |
| Request for Waiver Pursuant to   | )  |                              |
| Section 337(c) of the            |    |                              |
| Communications Act of 1934, as   | )  |                              |
| amended                          |    |                              |
|                                  | )  |                              |
|                                  |    |                              |
|                                  | )  |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: June 19, 2008 Released: June 19, 2008**

By the Chief, Public Safety and Homeland Security Bureau:

# Introduction {#introduction .Style-Heading-1-+-Left-After:--6-pt}

1.  The State of Wyoming ("Wyoming" or "the State") filed an
    application[^1] for authority to use eleven Part 22[^2] frequency
    pairs in the 150 MHz band in varying combinations at eleven
    locations as part of a statewide narrowband digital trunked P-25
    radio communications system called "WyoLink."[^3] Wyoming seeks
    waiver of Sections 20.9(a)(6), 22.561, and 22.565(f) of the
    Commission's rules,[^4] to use frequencies not designated for public
    safety use, pursuant to Section 337(c) of the Communications Act of
    1934, as amended (the Act).[^5] By this Order, we grant Wyoming's
    request as conditioned herein.

# BACKGROUND {#background .Style-Heading-1-+-Left-After:--6-pt}

2.  Wyoming states that it needs to construct a new communications
    system ("Wyolink") because its existing communications system is
    aging and has limited radio facilities.[^6] Wyoming adds that it
    "currently relies on significantly limited and outdated radio
    facilities to meet its public safety-related communications
    requirements."[^7] Wyoming explains that "\[i\]ncreased
    communications demands on these facilities often cause congestion
    that adversely affect Wyoming's ability to process critical public
    safety transmissions."[^8] Furthermore, Wyoming states that "the
    technology underlying these legacy facilities is obsolete, which
    hinders or precludes the implementation of enhancements that could
    accommodate the State's requirement for advanced voice and mobile
    data communications capabilities or for improved and innovative
    features and functionalities to support first responders."[^9]
    According to Wyoming, the existing system "is difficult to maintain
    and repair" because some of the equipment has been discontinued or
    can no longer be maintained by the manufacturer.[^10] Finally,
    Wyoming states that "operational and technical disparities in radio
    facilities deployed by the State's various agencies make
    interoperability difficult---and sometimes impossible."[^11]

3.  According to Wyoming, "the WyoLink system will offer advanced
    features and functionalities, greatly increase transmission
    capacity, serve to fill in coverage gaps, and allow for seamless,
    wide-area roaming."[^12] Wyoming states that the proposed system
    "will be used by participating local, state, and federal agencies to
    support critical public safety activities benefiting Wyoming's
    population of over 500,000 and its more than 11 million annual
    visitors and tourists."[^13] Furthermore, the system "will provide
    users with a variety of mobile data features including, among other
    things, the ability to query various state and national databases,
    provide short messaging capabilities, and connect with the State's
    computer-aided dispatch ("CAD") system."[^14] In addition, the
    system "will support automatic vehicle identification ("AVI") or
    automatic vehicle location ("AVL") services."[^15]

4.  The WyoLink system will utilize approximately fifty-seven
    mountain-top repeater sites and twenty-three low-level repeater
    sites dispersed throughout Wyoming's twenty-three county seats, and
    seven channel pairs (which includes a control channel) per
    site.[^16] Seven duplex channels at fifty-seven high-level and
    twenty-three low-level sites translate to the equivalent of 1,120
    frequencies (eighty sites multiplied by seven channel pairs),
    although Wyoming plans extensive reuse of channels.[^17] The State
    plans to interconnect these repeater sites using its existing 6 GHz
    digital microwave backbone in south Wyoming, and an identical system
    in north Wyoming.[^18] Wyoming states that the system will be
    divided into two zones with separate controllers, one located in
    Cheyenne and the other located ninety miles away in Casper to ensure
    sufficient network capacity as well as provide dispatch center
    connectivity.[^19] Furthermore, Wyoming states that "the system is
    designed to provide mobile radio coverage to 95% of the State and
    support approximately 12,000 subscriber units (handheld/portable) to
    be deployed by State agencies as well as participating local
    agencies, including law enforcement departments, fire departments,
    hospitals, ambulance services and emergency medical teams."[^20]
    Wyoming states that WyoLink is "fully compatible with the Integrated
    Wireless Network ("IWN") envisioned for national Federal
    implementation, and the State recently signed a Memorandum of
    Understanding ("MOU") to accommodate interoperable communications
    with the Department of Interior."[^21]

5.  Wyoming also states that the "needed spectrum from the Public Safety
    Pool is either unavailable or unsuitable to meet its
    requirements."[^22] In the instant application, Wyoming seeks eleven
    frequency pairs allocated for Part 22 one-way or two-way public land
    mobile service.[^23] Since these frequencies are not allocated for
    public safety use, Wyoming seeks waiver of Section 22.561.[^24] The
    frequencies would be assigned in varying combinations to eleven
    locations spread over Basic Economic Area (BEA) Nos. 143, 144, and
    152.[^25] Operations on these frequencies are treated as commercial
    mobile radio services (CMRS) pursuant to Section 20.9(a)(6),[^26]
    but Wyoming would use these frequencies to support public safety
    operations that are not offered on a CMRS basis.[^27] Therefore,
    Wyoming seeks waiver of Section 20.9(a)(6).[^28] Finally, because
    Wyoming seeks to use 100-watt mobile transmitters, it requests
    waiver of the sixty-watt mobile power limitation specified in
    Section 22.565(f).[^29]

6.  On April 3, 2008, the Public Safety and Homeland Security Bureau
    (Bureau) issued a Public Notice[^30] seeking comment on the
    application and waiver request. The Bureau also sought comment on
    whether the 700 MHz public safety band would provide a viable
    alternative, in light of the approaching February 17, 2009, digital
    television transition date and the Commission's recent actions in
    facilitating a nationwide, interoperable broadband public safety
    network.[^31] While we received no comments addressing the merits of
    the application and waiver request, we received one comment from the
    Association of Public-Safety Communications Officials-International,
    Inc. ("APCO") pertaining to the availability of the 700 MHz
    band.[^32]

7.  APCO states that "the 700 MHz band has never been viewed as a
    replacement for existing public safety spectrum allocations, and
    availability of 700 MHz spectrum should not in any way prevent
    public safety agencies licensed in VHF and UHF from obtaining
    additional channels to expand their operations in their existing
    bands when circumstances warrant."[^33] APCO further states that the
    large embedded base of existing VHF public safety systems often
    require additional VHF spectrum to fill coverage gaps, accommodate
    additional users, reduce interference, expand services areas, or
    improve interoperability.[^34] In this regard, APCO states that
    "interoperability could suffer if few agencies move to 700 MHz while
    others remain at VHF."[^35] Next, APCO argues that the Commission's
    recent actions to facilitate a 700 MHz band public safety broadband
    network will not address the immediate demand for narrowband voice
    capacity because such a network will take many years to deploy, and
    may never provide nationwide mission-critical voice
    communications.[^36] APCO adds that the Commission's consideration
    of waiver requests must take into account that "public safety
    agencies often have specific requirements for radio frequencies in
    their current spectrum bands that justify waivers of the
    Commission's rules, notwithstanding the potential availability of
    channels in the new 700 MHz band."[^37]

# discussion {#discussion .Style-Heading-1-+-Left-After:--6-pt}

8.  Section 337(c) of the Act provides that the Commission shall 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:

-   no other spectrum allocated to public safety services is immediately
    available to satisfy the requested public safety service use;

-   the requested use is technically feasible without causing harmful
    interference to other spectrum users entitled to protection from
    such interference under the Commission's regulations;

-   the use of the unassigned frequency for the provision of public
    safety services is consistent with other allocations for the
    provision of such services in the geographic area for which the
    application is made;

-   the unassigned frequency was allocated for its present use not less
    than 2 years prior to the date on which the application is granted;
    and

-   granting such application is consistent with the public
    interest.[^38]

9.  When considering requests under Section 337(c) of the Act, we must
    first determine whether the applicant is "an entity seeking to
    provide public safety services."[^39] The statute describes public
    safety services as services that are provided by state or local
    government entities or by non-governmental organizations that are
    authorized by a governmental entity whose primary mission is the
    provision of such services.[^40] Wyoming seeks to deploy a statewide
    radio communications system to support critical public safety
    activities.[^41] Accordingly, based on the record, we conclude that
    Wyoming is an entity providing public safety services. Next, we turn
    to whether Wyoming satisfies the other statutory requirements
    supporting a waiver under Section 337(c) of the Act.

10. *No other spectrum allocated to public safety services is
    immediately available to satisfy the requested public safety service
    use*. Wyoming states that two years prior to filing its application,
    it initiated discussions with APCO to assess available spectrum in
    the VHF, UHF, 700 MHz, and 800 MHz bands to fulfill its
    requirements.[^42] The State concluded that the VHF band would be
    most practicable for several reasons. First, the VHF band is the
    only band with sufficient channels state-wide.[^43] Second, compared
    to other bands, the VHF propagation characteristics provide wider
    coverage, provide better signal penetration in buildings, and suffer
    less attenuation from variable terrain, trees, foliage, hills, and
    other obstacles.[^44] Wyoming asserts that the optimal propagation
    characteristics of the VHF band would enable it to operate the
    fewest number of base station transmitters, while three or four
    times the number of sites would be required to cover the same area
    using 700 MHz or 800 MHz band technology.[^45] Third, it offers
    backward compatibility with the State's current VHF infrastructure
    and would facilitate migration to the new system for most of
    Wyoming's agencies that already operate on VHF frequencies.[^46] For
    example, Wyoming's decision to deploy VHF channels will allow it to
    reuse its existing base station sites, rather than construct new or
    more sites to accommodate a different portion of spectrum.[^47]
    Wyoming notes that all but two public safety agencies in Wyoming use
    VHF radio systems.[^48] Fourth, the VHF band promotes partnerships
    with Federal agencies due to compatibility of VHF public safety
    equipment with the 163-174 MHz Federal band.[^49] However, Wyoming
    was not able to coordinate a sufficient number of VHF frequencies
    from the Part 90 Public Safety Pool due to interference
    concerns.[^50]

11. Wyoming states that VHF-band spectrum from the Public Safety Pool is
    either unavailable or unsuitable to meet its requirements.[^51]
    Wyoming acknowledges that "a limited number of VHF Part 90 Public
    Safety Pool channels remain available in certain areas of
    Wyoming."[^52] However, Wyoming states that it has not requested use
    of these channels because they are (1) "subject to interference from
    co-channel operators," (2) "inadequate or inappropriate to support
    the State's needs," or (3) "needed by smaller local public safety
    providers in Wyoming that also are upgrading their communications
    systems now that new technology is available."[^53] Furthermore,
    Wyoming states that VHF Part 90 Public Safety Pool channels "are not
    readily compatible with VHF trunked systems because they are
    traditionally assigned on a shared basis and are subject to
    regulatory obligations that effectively preclude their use in a
    system such as WyoLink."[^54] Thus, Wyoming asserts that "the Part
    90 channels should be deemed exhausted" for purposes of the instant
    request.[^55]

12. Wyoming states that it was not able to coordinate a sufficient
    number of VHF Part 90 Public Safety Pool channels needed to meet the
    spectrum needs of the proposed statewide system.[^56] This
    assessment is supported by FCC-certified public safety frequency
    coordinator Forestry Conservation Communications Association
    (FCCA).[^57] FCCA states that it received fourteen Wyoming
    applications for coordination of VHF Part 90 Public Safety Pool
    channels that Wyoming had believed were available and usable.[^58]
    However, FCCA's review determined that Wyoming's operation on many
    frequencies would cause interference to incumbent licensees.[^59]
    Specifically, FCCA states that its review:

> "exhausted all available Public Safety pool frequencies that would
> meet the State's channel configuration requirements, its spectrum
> needs, and the obligation to ensure that operation on the selected
> frequencies would not adversely interact with co-channel or adjacent
> channel operations or causes it intermodulation distortion that would
> render the receivers at the proposed Wyolink sites unusable."[^60]

13. Based on the totality of facts presented above, we find that the
    first prong of Section 337(c) of the Act is satisfied. We find that
    no other spectrum band besides VHF is "immediately available" to
    meet the following requirements. First, no other band has a
    sufficient number of channels immediately available to satisfy
    Wyoming's proposal to implement a state-wide system requiring "seven
    duplex channels at 57 high-level and 23 low-level sites,"
    translating to "the equivalent of 1,120 frequencies."[^61] Second,
    no other band is immediately available to meet the terrain,
    coverage, and building penetration challenges with the fewest number
    of base stations. Because the state is "comprised of almost 100,000
    square miles of territory and a variety of terrain," Wyoming avers
    that the propagation characteristics of VHF frequencies will enable
    it "to provide mobile radio coverage to 95% of the State."[^62] By
    comparison, Wyoming estimates that "3 to 4 times more sites would be
    required to provide comparable coverage using 700 MHz or 800 MHz
    technology."[^63] Third, no other band is immediately available to
    allow for reuse of Wyoming's existing VHF infrastructure. Wyoming
    states that, given the "significant number of additional channels to
    upgrade its facilities," it concluded that the VHF band would be the
    most practicable spectrum.[^64] Because Wyoming found that most of
    the VHF channels allocated to the Part 90 Public Safety Pool within
    its jurisdiction had been licensed or "are in the process of being
    frequency coordinated," it concluded that channels allocated under
    Part 22 could meet its channel requirements.[^65] Finally, no other
    band would have interoperability capability with a majority of
    Wyoming's public safety agencies operating on VHF frequencies, or
    Federal agencies operating in the 163-174 MHz band "to satisfy the
    requested public safety service use." In noting that "half of the
    land in Wyoming is controlled by Federal agencies," Wyoming states
    that its decision to operate on 150-160 MHz VHF spectrum compatible
    with the 163-174 MHz VHF spectrum used by Federal agencies "helps
    enhance the State's continuing relationship with the Federal
    Government and creates new opportunities to establish or expand
    other relationships."[^66]

14. *The requested use is technically feasible without causing harmful
    interference to other spectrum users entitled to protection from
    such interference under the Commission's regulations*. Wyoming
    submitted an engineering analysis report stating that its proposed
    operation will not cause harmful interference to incumbent
    site-based and geographic area-based co-channel licensees.[^67]
    Specifically, Wyoming performed a contour analysis with respect to
    co-channel incumbent licensees as directed by Section
    22.567(a)(1).[^68] Wyoming provided contour plots to demonstrate
    that the interfering contours for the eleven base station
    transmitters covered in this application do not overlap any service
    contours of co-channel incumbent licensees.[^69] We have verified
    Wyoming's findings and find that its proposed operations would not
    cause harmful interference to incumbent co-channel licensees.
    However, we note that Section 22.567(a)(2) also requires either a
    reverse contour study or a statement from the applicant agreeing to
    accept any interference that may result from operation of a
    protected co-channel transmitter.[^70] Since Wyoming provided
    neither, we condition Wyoming's operation on accepting any
    interference from existing co-channel licensees. Should Wyoming
    subsequently file a satisfactory contour study pursuant to Section
    22.567(a)(2), we may consider modifying this condition.

15. Regarding the waiver of power limits, Section 22.565(f) limits the
    transmitter output power of mobiles to sixty watts.[^71] Wyoming
    plans to deploy mobiles with 100 watts transmitter output power to
    enhance coverage.[^72] Wyoming claims that these operations will not
    cause any greater potential for interference than under allowable
    levels.[^73] For example, Wyoming's mobiles will use zero gain
    antennas so as to limit the effective radiated power to 100
    watts.[^74] Wyoming also states that it "will designate a single
    point-of-contact to handle interference complaints and will provide
    all potentially affected licensees with the contact information for
    that person."[^75] In light of these technical parameters and
    representations, we therefore find that a waiver of Section
    22.565(f) is warranted.

16. Wyoming's proposed operation is technically feasible because the
    requested frequencies are already allocated for a land mobile
    service.[^76] In this respect, the use proposed by Wyoming with the
    caveat that Wyoming would use the frequencies for private land
    mobile service rather than public land mobile service, is consistent
    with existing uses in this spectrum.[^77] In light of these facts
    and our conclusions above related to interference and power, we
    conclude that the requested use is technically feasible without
    causing harmful interference to other spectrum users entitled to
    protection from such interference under the Commission's
    regulations.

17. *The use of the unassigned frequency for the provision of public
    safety services is consistent with other allocations for the
    provision of such services in the geographic area for which the
    application is made*. As Wyoming notes, "the proposed system is
    being implemented specifically to enhance interoperability among
    state, local, and federal public safety agencies within
    Wyoming."[^78] Wyoming states that it "is seeking to acquire and
    utilize channels that coincide and are compatible with its current
    configuration and use."[^79] Given that "other allocations" of the
    VHF band include the private land mobile radio services and the
    subset of public safety,[^80] 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.

18. *The unassigned frequency was allocated for its present use not less
    than 2 years prior the date on which the application is granted*.
    Wyoming states that the requested Part 22 frequencies were allocated
    for paging and radiotelephone services for over two years.[^81]
    Wyoming also notes that the Commission attempted to auction these
    frequencies in 2001 (Auction 40) and again in 2003 (Auction
    48).[^82] In some cases, no entity bid in the relevant Economic
    Areas affecting Wyoming. In other cases, licenses were awarded but
    have since terminated. We agree that the subject frequencies have
    been allocated under Part 22 for their present use for more than
    over two years.

19. *Granting such application is consistent with the public interest*.
    Based upon the record in this proceeding, we believe Wyoming has
    demonstrated that access to additional VHF spectrum is needed in
    this instance to promote effective public safety communications.
    Wyoming states that the public interest will be served as a grant
    "will allow otherwise vacant spectrum to be used by State to support
    essential communications needed to protect the safety of life,
    health, and property."[^83] Wyoming states that "\[f\]ailure to
    construct the proposed system would result in continued
    communications inefficiencies and could jeopardize public safety" in
    the state.[^84] We find that it would further the public interest by
    affording Wyoming'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
    over-arching purposes as "promoting safety of life and property
    through the use of radio communication."[^85] Additionally, we find
    it significant that granting the instant request will promote
    interoperability capability among the public safety community in
    Wyoming. Therefore, we conclude that granting the instant
    application is consistent with the public interest. Because we find
    that all five prongs of Section 337(c) of the Act are satisfied, we
    shall waive rule Sections 20.9(a)(6) so that Wyoming's
    communications would not be treated as common carriage services and
    regulated as commercial mobile radio services; 22.561 to permit
    public safety, private land mobile radio service on the frequencies
    allocated to public land mobile radio service; and Section 22.565(f)
    to permit mobile operation above sixty watts and up to 100 watts.

# conclusion {#conclusion .Style-Heading-1-+-Left-After:--6-pt}

20. Based on the record before us, we conclude that Wyoming's waiver
    request satisfies the criteria set forth under Section 337(c) of the
    Act to warrant grant of the waiver of Sections 20.9(a)(6), 22.561,
    and 22.565(f) to operate a public safety communications system on
    Part 22 frequencies in the 150 MHz band. Accordingly, we grant the
    Waiver Request with the following special condition: Wyoming must
    accept any interference that may result from operation of co-channel
    transmitters authorized to incumbent licensees.

# Ordering clauseS {#ordering-clauses .Style-Heading-1-+-Left-After:--6-pt}

21. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 337(c) of
    the Communications Act of 1934, as amended, 47 U.S.C. § 154(i),
    337(c), that the Request for Waiver, as amended, associated with
    File No. 0002910742 filed by the State of Wyoming IS GRANTED, AS
    conditioned herein.

22. IT IS FURTHER ORDERED that File No. 0002910742 SHALL BE PROCESSED
    consistent with this *Order* and the Commission's rules.

23. This action is taken under delegated authority pursuant to Sections
    0.191 and 0.392 of the Commission's rules, 47 C.F.R. §§ 0.191,
    0.392.

FEDERAL COMMUNICATIONS COMMISSION

> Derek K. Poarch
>
> Chief
>
> Public Safety and Homeland Security Bureau

[^1]: *See* File No. 0002910742 (filed Feb. 12, 2007, as amended May 1,
    2007; Aug. 24, 2007; Nov. 21, 2007; Jan. 18, 2008; and Apr. 16,
    2008) and associated Clarifying Amendment and Exhibit A to Form
    601(Amended) - Description of FCC Applications and Request for
    Waiver at 1, 22 (Amended Waiver Request) (filed April 16, 2008),
    Response to Return Notice and Amendment (filed May 1, 2007),
    Response to Second Return Notice and Amendment (filed Nov. 21,
    2007), Supplemental Information and Amendment (filed Jan. 18, 2008,
    amended April 15, 2008).

[^2]: 47 C.F.R. Part 22.

[^3]: *See* Clarifying Amendment at 1. The instant Application and
    Waiver Request are part of twenty-nine applications filed by Wyoming
    to use certain frequencies governed under Parts 22, 80 and 90 of the
    Commission's rules as part of its proposed WyoLink system. *See*,
    *e.g*., File Nos. 0002947551, 0003029378.

[^4]: 47 C.F.R. §§ 20.9(a)(6), 22.561, and 22.565(f).

[^5]: 47 U.S.C. § 337(c). Alternatively, Wyoming seeks a waiver pursuant
    to Section 1.925 of the Commission's rules, 47 C.F.R. § 1.925. *See*
    Waiver Request at 3.

[^6]: *See* Amended Waiver Request at 1.

[^7]: *Id*. at 2.

[^8]: *Id*.

[^9]: *Id*.

[^10]: *See id*.

[^11]: *Id*. at 3.

[^12]: *Id*. at 5.

[^13]: *Id*. at 1.

[^14]: *Id*. at 5.

[^15]: *Id*.

[^16]: *See id*. at 4.

[^17]: *See id*. at 8.

[^18]: *See id*. at 4.

[^19]: *See id*.

[^20]: *Id*. at 5.

[^21]: *Id*.

[^22]: *Id*. at 1.

[^23]: *See* 47 C.F.R. § 22.561.

[^24]: *See* Amended Waiver Request at 10.

[^25]: *See* Supplemental Information and Amendment.

[^26]: *See* 47 C.F.R. § 20.9(a)(6).

[^27]: *See* Amended Waiver Request at 9.

[^28]: *See id*.

[^29]: *See* *id*. at 9-10. *See also* 47 C.F.R. § 22.565.

[^30]: *See* Public Safety and Homeland Security Bureau Seeks Comment on
    Request for Waiver Filed By the State of Wyoming to Use Frequencies
    Governed Under Part 22 of the Commission Rules, *Public Notice*, 23
    FCC Rcd 5630 (PSHSB 2008) (*Public Notice*).

[^31]: *Id*. at 2, *citing* Implementing a Nationwide, Broadband,
    Interoperable Public Safety Network in the 700 MHz Band, PS Docket
    No. 06-229; Development of Operational, Technical and Spectrum
    Requirements for Meeting Federal State and Local Public Safety
    Communications Requirements through the Year 2010, WT Docket No.
    96-86, *Second Report and Order*, 22 FCC Rcd 15289 (2007) (*700 MHz
    Second Report and Order*).

[^32]: *See* Comments of APCO dated April 16, 2008 (APCO Comments).

[^33]: APCO Comments at 2.

[^34]: *See id*.

[^35]: *Id*. at 2-3.

[^36]: *Id*. at 3.

[^37]: *Id*.

[^38]: *See* 47 U.S.C. § 337(c).

[^39]: *Id.* Section 337(f) defines the term "public safety services" as
    "services--- (A) the sole or principal purpose of which is to
    protect the safety of life, health, or property; (B) that are
    provided---(i) by State or local government entities; or (ii) by
    non-governmental organizations that are authorized by a governmental
    entity whose primary mission is the provision of such services; and
    (C) that are not made commercially available to the public by the
    provider." *Id*.

[^40]: *Id*.

[^41]: *See* Amended Waiver Request at 1.

[^42]: *See* *id*. at 5, 14.

[^43]: *See* *id*. at 5, 14.

[^44]: *See* *id*. at 6, 14.

[^45]: *See* *id*. at 6.

[^46]: *See* *id*. at 6-7, 14.

[^47]: *See* *id*. at 7.

[^48]: *See* *id*. at 5.

[^49]: *See* *id*. at 5, 7-8, 15.

[^50]: *See* *id*. at 8, 15.

[^51]: *See* *id*. at 8-9.

[^52]: *Id*. at 8 n.25.

[^53]: *Id.*

[^54]: *Id.* at 8.

[^55]: *Id*. at 8-9.

[^56]: *See* Response to Second Return and Amendment at 2.

[^57]: *See* Response to Second Return and Amendment, attached Letter
    dated November 21, 2007 from James Kelly, FCCA Public Safety
    Frequency Coordinator, to the Federal Communications Commission
    (FCCA Letter).

[^58]: *See* FCCA Letter at 1.

[^59]: *Id*.

[^60]: *Id*.

[^61]: Amended Waiver Request at 8.

[^62]: *Id.* at 6.

[^63]: *Id.*

[^64]: *See id.* at 14.

[^65]: *Id.* at 14-15.

[^66]: *Id.* at 7. In light of these considerations and APCO's comments
    discussed above, we thus also conclude that the 700 MHz public
    safety spectrum would not be immediately available to satisfy the
    State's particular circumstances and needs. *See supra* ¶¶ 6-7.

[^67]: *See* Supplemental Information and Amendment at 1.

[^68]: 47 C.F.R. § 22.567(a)(1).

[^69]: *See* Supplemental Information and Amendment.

[^70]: 47 C.F.R. § 22.567(a)(2).

[^71]: 47 C.F.R. § 22.565(f).

[^72]: *See* Amended Waiver Request at 10.

[^73]: *See id*.

[^74]: *See id*.

[^75]: *Id*.

[^76]: *See* 47 C.F.R. § 22.561.

[^77]: *See* Amended Waiver Request at 11.

[^78]: *Id*. at 15.

[^79]: *Id*.

[^80]: *See* 47 C.F.R. § 90.20.

[^81]: *See* Amended Waiver Request at 15.

[^82]: *See id*. at 15-16. *See also* Lower and Upper Paging Bands
    Auction Closes, *Public Notice*, Report No. AUC-01-40-N (Auction No.
    40), 16 FCC Rcd 21821 (2001); and Upper Paging Bands Auction Closes,
    *Public Notice*, Report No. AUC-03-48-E (Auction No. 48), 18 FCC Rcd
    11154 (2003).

[^83]: Amended Waiver Request at 16.

[^84]: *Id*.

[^85]: 47 U.S.C. § 151.