**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of Application of  | *  | File No. 0001865881          |
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| CENTRAL PUGET SOUND REGIONAL     | ** |                              |
| TRANSIT AUTHORITY                |    |                              |
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| Request for Waivers to Authorize | *) |                              |
| the Use of                       | ** |                              |
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| Canadian Primary 800 MHz         | *  |                              |
| Channels and Short-Spacing in    | *) |                              |
| the 800 MHz Band in Seattle,     | ** |                              |
| Washington                       |    |                              |
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**ORDER**

**Adopted: June 2, 2006 Released: June 5, 2006**

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

1.  *Introduction.* We have before us an application filed by the
    Central Puget Sound Regional Transit Authority (Puget Sound) to
    operate on certain 800 MHz band frequencies in Seattle,
    Washington.[^1] In connection with this application, Puget Sound
    requests (1) a waiver of Section 90.619(b)(8) of the Commission's
    Rules in order to use Canada primary 800 MHz channels in the
    U.S.-Canada border zone and (2) a waiver of Section 90.621(b)(4) of
    the Commission's Rules in order to operate at a distance less than
    the required minimum separation to a co-channel station.[^2] For the
    reasons set forth below, we dismiss as moot the waiver to operate on
    Canada primary channels, and grant the waiver of the minimum spacing
    requirements.

2.  *Background.* On December 7, 2004, Puget Sound filed an application
    for authorization to operate a new private land mobile radio station
    in Seattle, Washington.[^3] Puget Sound states that the new private
    land mobile radio station will support communications for a light
    rail system that will operate throughout King County.[^4] Puget
    Sound proposes to operate its new private land mobile radio station
    on ten 800 MHz frequency pairs in the non-NPSPAC portion of the 800
    MHz band.[^5] Puget Sound's proposed station will be implemented to
    provide coverage in two tunnel segments that are a part of the light
    rail system.

3.  Because Seattle, Washington is located in the U.S.-Canada border
    area, Puget Sound's proposed station will be subject to the
    requirements of Section 90.619 of the Commission's Rules,[^6] which
    specifies the requirements for stations operating in the 800 MHz
    band along the U.S.-Canada or U.S.-Mexico border. At the time that
    Puget Sound filed its application, Section 90.619(b)(8) listed the
    channels in the non-NPSPAC portion of the 800 MHz band that were
    available for licensing to U.S. applicants along the U.S-Canada
    border.[^7] The channels listed in Section 90.619(b)(8) included
    only those specified for primary use by the United States.[^8] Puget
    Sound requests a waiver of Section 90.619(b)(8) because it proposes
    to operate on ten channel pairs specified for primary use by Canada,
    and thus not listed in Section 90.619(b)(8).[^9]

4.  Puget Sound also requests a waiver of the Commission's co-channel
    short-spacing requirements because its proposed station will be less
    than 88 kilometers (55 miles) from co-channel Station WQBZ780,
    Snoqualmie, Washington, licensed to King County, Washington. Section
    90.621(b)(4) specifies that co-channel stations may be separated by
    less than 113 kilometers (70 miles) but not less than 88 kilometers
    (55 miles) if the proposed station satisfies certain transmitter
    power and antenna height limits listed in a short-spacing
    table.[^10] However, Section 90.621(b)(4) also specifies that
    co-channel stations may be separated by less than 88 kilometers (55
    miles) if the applicant requests a waiver and submits an
    interference analysis demonstrating that co-channel stations would
    receive the same or greater interference protection than that
    provided in the short-spacing table.[^11] Such applicants must also
    include an analysis of interference potential from mobile
    transmitters to existing co-channel base station receivers.[^12] In
    its waiver request, Puget Sound purports to demonstrate that the
    22 dBV/m F(50,10) interference contour of its proposed site would
    not overlap the existing 40 dBV/m F(50,50) coverage contour of King
    County's station.[^13] Puget Sound has also shown that its mobile
    units are unlikely to interfere with the base station receiver of
    the King County's station.[^14]

5.  *Discussion.* As an initial matter, we will address the request for
    waiver of Section 90.619(b)(8) in order to allow Puget Sound to
    operate on Canada primary channels. As noted above, when Puget Sound
    filed its application, Section 90.619(b)(8) specified that U.S.
    licensees along the U.S.-Canada border could operate only on U.S.
    primary channels.[^15] Section 90.619(b)(8) contained no provisions
    for U.S. licensees to operate on Canada primary channels in the
    non-NPSPAC portion of the 800 MHz band. After Puget Sound filed its
    application, Section 90.619 was modified to provide that 800 MHz
    operations along the U.S.-Canada border shall be in accordance with
    international agreements between the United States and Canada.[^16]
    Furthermore, the United States and Canada have reached an agreement
    that allows each country to operate on the other country's primary
    spectrum -- in the non-NPSPAC portion of the band -- as long as the
    predicted maximum power flux density (PFD) at or beyond the border
    does not exceed -107 dB(W/m^2^).[^17] Puget Sound has demonstrated
    that its proposal will not exceed the PFD limit of -107 dB(W/m^2^)
    at or beyond the border.[^18] Our staff has analyzed the Puget Sound
    application and confirmed that the PFD limit will be satisfied at or
    beyond the Canada border. Puget Sound's application thus complies
    with an existing international arrangement. Consequently, its
    request for a waiver of Section 90.619(b)(8) is moot.

6.  We will now address the short-spacing waiver request. To obtain a
    waiver of the Commission\'s Rules, a petitioner must demonstrate
    either that the underlying purpose of the rule(s) would not be
    served or would be frustrated by application to the present case and
    that grant of the waiver would be in the public interest;[^19] or
    that, in view of unique or unusual factual circumstances of the
    instant case, application of the rule(s) would be inequitable,
    unduly burdensome, or contrary to the public interest, or the
    applicant has no reasonable alternative.[^20] We conclude that Puget
    Sound has demonstrated that its waiver request should be granted
    under the circumstances presented.

7.  Our staff has confirmed that Puget Sound's proposed base station
    would be located 70.6 kilometers or 43.9 miles from King County's
    licensed site, and has analyzed whether Puget Sound's application
    would satisfy the short-spacing table of Section 90.621(b)(4).[^21]
    Our staff has confirmed that Puget Sound's proposed 22 dBV/m
    F(50,10) contour will not overlap the 40 dBV/m F(50,50) contour of
    King County's station. Since the short-spacing table in Section
    90.621(b)(4) is based on non-overlap of the 22 dBV/m F(50,10)
    contour of the proposed stations with the 40 dBV/m F(50,50) contour
    of existing co-channel stations, we conclude that Puget Sound has
    demonstrated that its proposal will provide King County's station
    with the same or greater interference protection than required by
    the short-spacing table.[^22] We have also analyzed Puget Sound's
    mobile interference study and conclude that Puget Sound's mobile
    units are unlikely to cause interference to the co-channel base
    station receivers of King County's station.[^23]

8.  Accordingly, IT IS ORDERED, pursuant to Sections 2 and 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 152, 154(i),
    and Sections 1.3 and 1.925 of the Commission's Rules, 47 C.F.R. §§
    1.3, 1.925, that the request dated July 8, 2004 filed by Central
    Puget Sound Regional Transit Authority for a waiver of Section
    90.621(b)(4) of the Commission's Rules in connection with FCC File
    No. 0001865881 filed on December 7, 2004, IS GRANTED to the extent
    indicated herein.

9.  IT IS FURTHER ORDERED, pursuant to Section4(i) of the Communications
    Act of 1934, as amended, 47 U.S.C. § 154(i) and Sections 1.925,
    90.619(c) of the Commission's Rules, 47 C.F.R. §§ 1.925, 90.619(c),
    that the request dated July 8, 2004 filed by Central Puget Sound
    Regional Transit Authority for a waiver of Section 90.619(b)(8) of
    the Commission's Rules in connection with FCC File No. 0001865881
    filed on December 7, 2004, IS DISMISSED AS MOOT.

10. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309(a) of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309(a),
    that application FCC File No. 0001865881, filed on December 7, 2004,
    SHALL BE PROCESSED in accordance with this decision.

11. This action is taken pursuant to delegated authority granted under
    the provisions of Sections 0.131(a) and 0.331 of the Commission\'s
    Rules, 47 C.F.R. §§ 0.131(a), 0.331.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Michael J. Wilhelm

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

[^1]: FCC File No. 0001865881. The 800 MHz band consists of the
    frequency segment 806-824 MHz paired with the 851-869 MHz segment.
    *See* 47 C.F.R. § 90.613.

[^2]: *See* 47 C.F.R. §§ 90.621(b)(4), and 90.619(b)(8); *see also*
    attachment to FCC File No. 0001865881 (Waiver Request).

[^3]: *See* FCC File No. 0001865881. The application was originally
    submitted on September 9, 2004, but was returned to the applicant
    for clarification on November 19, 2004. *See* Return Letter No.
    3150178. The application was amended on December 7, 2004.

[^4]: *See* Waiver Request at 1.

[^5]: At the present time, the National Public Safety Planning Advisory
    Committee (NPSPAC) allocation is located in the 821-824 MHz/866-869
    MHz segment, but will be relocated to the 806-809 MHz/851-854 MHz
    segment. The non-NPSPAC portion of the 800 MHz band consists of
    those portions of the band that are located outside the NPSPAC
    allocation. *See* Improving Public Safety Communications in the 800
    MHz Band, WT Docket 02-55, *Report and Order, Fifth Report and
    Order, Fourth Memorandum Opinion and Order, and Order*, 19 FCC Rcd
    14969, 15051 ¶ 151 (2004) (*800 MHz R&O*).

[^6]: 47 C.F.R. § 90.619.

[^7]: 47 C.F.R. § 90.619(b)(8) (2004).

[^8]: As a general matter, 800 MHz channels along the U.S.-Canada border
    are divided for primary use by either the United States or Canada.
    *See Arrangement Between the Department of Communications of Canada
    and the Federal Communications Commission of the United States
    Concerning the use of the Band 806 to 890 MHz along the Canada -
    United States Border*, effected by exchange of notes, signed at
    Washington November 2, 1993 and January 4, 1994.

[^9]: *See* Waiver Request at 1.

[^10]: 47 C.F.R. § 90.621(b)(4).

[^11]: *Id.*

[^12]: *Id.*

[^13]: *See* Waiver Request at 20-22.

[^14]: *Id.* at 23-26.

[^15]: 47 C.F.R. § 90.619(b)(8) (2004).

[^16]: *See* 47 C.F.R. § 90.619(c). *See also 800 MHz R&O,* 19 FCC at
    Rcd 15063 ¶176.

[^17]: *See* letter dated December 9, 1994, from Robert W. McCaughern,
    Deputy Director General, Spectrum Engineering, Industry Canada to
    Bruce Franca, Deputy Chief Engineer, Office of Engineering and
    Technology, Federal Communications Commission.

[^18]: *See* Waiver Request at 9-11.

[^19]: 47 C.F.R. § 1.925(b)(3)(i).

[^20]: 47 C.F.R. § 1.925(b)(3)(ii).

[^21]: 47 C.F.R. § 90.621(b)(4).

[^22]: *See* footnote 2 of Short-Spacing Separation Table in 47 C.F.R. §
    90.621(b)(4).

[^23]: Puget Sound's study demonstrates that King County's mobile units
    would not exceed an undesired signal level greater then -120.6 dBm
    at King County's Dodge Ridge base station receiver site. *See*
    Waiver Request at 24-27.