**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * |                              |
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| International Association of     | ) |                              |
| Fire Chiefs, Inc., and           | * |                              |
| International Municipal Signal   | * |                              |
| Association                      |   |                              |
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| Informal Request for             | * |                              |
| Certification as a Frequency     | ) |                              |
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| Coordinator for PLMR 800 MHz and | * |                              |
| 900 MHz Public Safety            |   |                              |
| Frequencies                      | * |                              |
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| American Association of State    | * |                              |
| Highway                          |   |                              |
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| and Transportation Officials     | * |                              |
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| Informal Request for             | * |                              |
| Certification as a Frequency     | * |                              |
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| Coordinator for PLMR 800 MHz     | * |                              |
| Public Safety Frequencies        | * |                              |
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**ORDER**

**Adopted: July 24, 2001 Released: July 25, 2001**

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

# INTRODUCTION

1.  On July 6, 2000, the International Association of Fire Chiefs, Inc.
    and the International Municipal Signal Association (IAFC/IMSA)
    jointly filed an informal request for Commission certification as a
    frequency coordinator in the Private Land Mobile Radio (PLMR)
    service for 800 MHz band[^1] and 900 MHz band[^2] Public Safety
    frequencies.[^3] On December 4, 2000, the American Association of
    State Highway and Transportation Officials (AASHTO) filed an
    informal request for Commission certification to provide frequency
    coordination services for the 800 MHz PLMR Public Safety
    frequencies.[^4] IAFC/IMSA and AASHTO are currently certified as
    frequency advisory committees (FAC) or frequency coordinators for
    certain Public Safety Pool frequencies below 512 MHz and in the
    Public Safety 700 MHz band.[^5] The informal requests were placed on
    *Public Notice* on January 22, 2001.[^6] We received twelve
    comments[^7] and two replies.[^8] For the reasons set forth below,
    we grant IAFC/IMSA's Request and certify IAFC/IMSA as a FAC for the
    PLMR 800 MHz Public Safety frequencies. We also grant AASHTO's
    Request and certify AASHTO as a FAC for the PLMR 800 MHz Public
    Safety frequencies. We also offer the opportunity to the Forestry
    Conservation Communications Association (FCCA) (another FAC that is
    currently certified to coordinate Public Safety frequencies below
    512 MHz and in the 700 MHz band) to perform the same function for
    frequencies in the PLMR 800 MHz Public Safety bands.[^9] Finally, we
    deny IAFC/IMSA's request to coordinate 900 MHz PLMR frequencies.

# BACKGROUND

## Frequency Coordination Below 512 MHz and 700 MHz

2.  A PLMR 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 PLMR
    services.[^10] The Commission has recognized the role of frequency
    coordinators in the process of selecting available frequencies since
    1958,[^11] but it was not until 1986 that the Commission formally
    certified frequency coordinators.[^12] 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.[^13] In almost all of the Public Safety Radio
    Services the Commission received more than one request per radio
    service for frequency coordination certification.[^14] The
    Commission recognized that certifying multiple coordinators per
    service could lower fees,[^15] but decided to certify a single
    coordinator in each service in order to reduce the potential for
    confusion and avoid inconsistent standards.[^16] The Commission
    believed that "competition in the recommendation of frequencies
    should not be necessary to assure the lowest price or best
    service."[^17]

3.  The primary factor in the selection of each frequency coordinator
    was whether the applicant represented a class of users eligible for
    licenses in the service the applicant proposed to coordinate.[^18]
    Special emphasis was placed on representativeness since the
    Commission decided to certify only one coordinator per service.[^19]
    Additional factors considered were the applicant's overall plan to
    coordinate the service,[^20] whether the applicant had any
    experience coordinating frequencies in that service or any technical
    expertise in engineering land mobile stations,[^21] and whether the
    applicant was capable of nationwide coordination.[^22] IAFC/IMSA was
    certified as the frequency coordinator for the Fire, Special
    Emergency, and Emergency Medical Radio Services for the frequencies
    below 512 MHz.[^23] AASHTO was certified as a frequency coordinator
    for the Highway Maintenance Radio Service for the frequencies below
    512 MHz.[^24] APCO was certified as the coordinator in the Police
    Radio Service and the Local Government Radio Service frequencies
    below 512 MHz.[^25] The Forestry Conservation Communications
    Association (FCCA) was certified as the coordinator in the Forestry
    Conservation Radio Service frequencies below 512 MHz.[^26]

4.  In 1997, the Commission consolidated the twenty PLMR services below
    512 MHz into two pools, Public Safety and Industrial/Business.[^27]
    The Public Safety Pool below 512 MHz comprises frequencies that were
    previously allotted to any of the Public Safety Radio Services and
    the Special Emergency Radio Service.[^28] The Commission authorized
    the coordinators of the services consolidated into the Public Safety
    Pool to manage frequencies that they were responsible for prior to
    consolidation with one exception.[^29] The Commission allowed any of
    the certified frequency coordinators in the Public Safety Radio
    Services, but not the Special Emergency Radio Service, to coordinate
    frequencies assigned to the Local Government Radio Service.[^30]
    Consequently, AASHTO, IAFC/IMSA, APCO, and FCCA share responsibility
    for coordinating Public Safety Pool frequencies below 512 MHz that
    formerly were allocated to the Local Government Radio Service. 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.[^31] 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.[^32]

5.  The Commission elaborated that the new policy of competitive
    coordination of frequencies below 512 MHz was not a rejection of the
    concept of "representativeness" that served as the basis for
    assigning exclusive coordinators for each service in 1986.[^33] 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 the extensive experience and
    technical expertise in engineering systems and selecting
    frequencies, possess the ability to provide frequency coordination
    recommendations.[^34] The Commission went on to determine that the
    introduction of competition among frequency coordinators in the
    former Local Government Service should promote lower coordination
    costs and foster better service to the public[^35] *i.e*., "reduce
    the time it takes to obtain a coordination, thereby allowing users
    to get on-the-air quicker."[^36]

6.  While recognizing the public interest benefits of competitive
    coordination the Commission emphasized that the integrity of the
    radio communications in the Public Safety Pool must be maintained
    without fail.[^37] The Commission found that retaining exclusive
    coordination and introducing limited competition, would preserve
    much of the status quo, provide frequency coordinators access to a
    greater number of frequencies with which to accommodate applicants,
    and permit applicants to apply directly for frequencies that were
    previously available only through interservice sharing
    procedures.[^38] The Commission also found that preserving the
    jurisdiction of the individual certified public safety frequency
    coordinators over the radio spectrum for which they were
    responsible, while expanding access to Local Government frequencies,
    would help ensure consistency with local, regional, and state public
    safety communications plans.[^39] The Commission said that this
    issue could be revisited in the future if a more integrated
    coordination system could be designed that would not impair public
    safety interests.[^40]

7.  In 1998, the Commission certified all of the public safety
    coordinators to provide frequency coordination for the Public Safety
    700 MHz band General Use channels (a total of 12.5 megahertz of
    radio spectrum that is available for licensing to local, regional,
    and state public safety providers).[^41] The Commission also adopted
    a regional planning process similar to the 800 MHz regional planning
    process to manage the use of these 700 MHz band channels.[^42] In
    this connection, the Commission found that the frequency
    coordination approach adopted for the Local Government Radio
    Service, in the *Refarming Second Report and Order*, was appropriate
    for the Public Safety 700 MHz band General Use channels.[^43] 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.[^44]
    Moreover, the Commission acknowledged APCO's offer to provide
    technical and financial assistance to 700 MHz regional planing
    committees, but declined to certify APCO as the sole 700 MHz public
    safety frequency coordinator.[^45] The Commission concluded that by
    "encouraging competition among coordinators, we will promote
    cost-based pricing of coordination services and provide incentives
    for enhancing service quality."[^46]

## Frequency Coordination above 800 MHz

8.  In the 1986 *Frequency Coordination Report and Order*, the
    Commission certified APCO as the exclusive frequency coordinator for
    the Public Safety Category frequencies in the 806-821/851-866 MHz
    band.[^47] The Commission also certified APCO to frequency
    coordinate public safety and special emergency use of the 800 MHz
    Conventional Category \["original 150"\] channels and similarly
    certified PCIA and ITA to coordinate business use and
    industrial/land transportation use of 800 MHz Conventional Category
    channels, respectively.[^48]

9.  In 1987, the Commission adopted a Public Safety National Plan that,
    among other things, established regional planning committees to
    manage the use of six megahertz of spectrum allocated for public
    safety at 821-824/866-869 MHz (800 MHz regional planning band).[^49]
    Under the regional planning approach used for the 800 MHz regional
    planning band, the nation was divided into regions that would have
    as much autonomy as possible to develop plans that met their
    different communications needs.[^50] Each region formed a planning
    committee to develop a regional plan to meet their different
    communications needs with membership open to all eligible user
    groups.[^51] APCO, as the certified frequency coordinator for the
    800 MHz regional planing band, was directed to appoint a local
    convener who would organize and publicize the initial meeting.[^52]
    After the plan was approved by the Commission, applications were
    normally submitted to the committee in accordance with the
    procedures set forth in the plan,[^53] and then, if approved, the
    applicants would forward them to APCO for coordination and filing
    with the Commission.[^54] At present the Commission has approved 800
    MHz regional plans for all existing regions but regional committees
    propose modifications to Commission-approved plans from
    time-to-time. In this connection, the Commission has stated that
    APCO, acting in its frequency coordination role, or the Regional
    Planning Committee Chairpersons may recommend, in writing, changes
    to a regional plan.[^55] The Commission gives public notice and
    solicits comment on any such proposals and issues appropriate orders
    upon review.[^56]

10. As noted above, in the 1986 *Frequency Coordination Report and
    Order* the Commission certified APCO to frequency coordinate public
    safety applications for the 800 MHz Conventional Category
    \["original 150"\] channels. In 1990, the Commission redesignated
    the Conventional Category channels as the 800 MHz General Category
    channels and introduced competitive frequency coordination by
    allowing applications to trunk General Category channels to be
    coordinated by *any* of the three coordinators that were certified
    to handle 800 MHz band applications.[^57] In 1993, to allow more
    applicants to choose coordinators on the basis of criteria such as
    cost and speed of service, the Commission extended competitive
    frequency coordination to applications for use of General Category
    channels for conventional SMRs.[^58] In this connection, the
    Commission stated that it was not rejecting the representativeness
    standard for certification of coordinators.[^59] Rather, the
    Commission certified APCO, PCIA, and ITA to frequency coordinate
    General Category applications because it found no distinction, for
    licensing purposes, based on the radio service in which a user was
    eligible.[^60] In 1995, however, the Commission suspended the filing
    of new 800 MHz General Category channel applications after proposing
    a new licensing framework for SMR systems in the 800 MHz band.[^61]
    The Commission subsequently adopted rules to license 800 MHz General
    Category channels by geographic areas, whereby mutually exclusive
    initial applications would be subject to competitive bidding.[^62]
    Thus, the Commission does not accept any applications for new
    site-specific licenses in the General Category Pool. In this
    connection, the Commission concluded an auction, Auction No. 34, of
    1,050 General Category licenses in September 2000.[^63] Nonetheless,
    we note that frequency coordination is required for modification
    applications filed by incumbent[^64] General Category licensees, as
    well as for certain "relocation" applications under Section 90.699
    of the Rules.[^65]

# DISCUSSION

## Procedural Issues

11. Before we reach the merits of AASHTO and IAFC/IMSA's requests, we
    must first address certain procedural issues raised by the
    commenters. First we must determine whether to proceed under
    delegated authority on an *ad hoc* basis or initiate a full
    rulemaking proceeding. APCO urges the Bureau to initiate a full
    rulemaking proceeding, combining the instant certification requests
    with APCO's separately pending petition to amend Section 90.20 of
    the Commission's Rules to allow any public safety frequency
    coordinator to coordinate any of the Public Safety Pool channels
    below 470 MHz.[^66] We do not find this argument persuasive.
    Instead, we agree with AASHTO and AMTA[^67] that the Commission has
    delegated to the Wireless Telecommunications Bureau (Bureau) the
    authority to certify frequency coordinators under Sections 0.131(m)
    and 0.331 of the Commission's Rules.[^68] Section 0.131(m) lists
    "Certifies frequency coordinators; considers petitions seeking
    review of coordinator actions; and engages in oversight of
    coordinator actions and practices" as Bureau functions.[^69] In this
    regard, we note that Section 0.331 delegates authority to "perform
    all functions of the Bureau, described in § 0.131, subject to ...
    certain exceptions and limitations."[^70] The exceptions and
    limitations include, "... novel or new interpretations of law or
    policy which cannot be resolved under outstanding Commission
    precedents and guidelines."[^71] Given the history set forth above
    regarding certification of public safety frequency coordinators, we
    do not believe that the subject of this proceeding constitutes a new
    or novel question of law or policy that cannot be resolved under
    outstanding Commission precedents and guidelines. As the Commission
    stated in another context "WTB already has delegated authority to
    select frequency coordinators in the services it administers."[^72]
    In addition, we note that it is within an agency's discretion to
    determine whether to proceed on any matter by individual or
    collective action.[^73] Accordingly, we conclude that the Bureau may
    properly address this matter on an *ad hoc* basis pursuant to
    delegated authority.[^74]

12. The next issue is whether we should, as suggested by Atlas and
    ComNet, expand the scope of this proceeding to include all similarly
    situated certified frequency coordinators.[^75] IAFC/IMSA seeks
    certification in the 800 MHz and 900 MHz PLMR bands. AASHTO seeks
    certification in the 800 MHz band. We conclude that the issues
    involved in deciding whether to certify IAFC/IMSA and AASHTO to
    coordinate 800 MHz Public Safety frequencies apply equally to
    FCCA.[^76] Therefore, the question of whether to certify existing
    below 512 MHz and 700 MHz public safety frequency coordinators to
    coordinate 800 MHz Public Safety frequencies will be considered
    herein. IAFC/IMSA's request to coordinate 900 MHz Public Safety
    frequencies, however, will not be considered herein because there
    are no 900 MHz Public Safety frequencies included in the spectrum
    allotted for PLMR.[^77] With respect to APCO's suggestion that we
    combine the instant requests with APCO's pending rulemaking
    petition, we believe that the issues presented by APCO go beyond the
    question of whether to permit multiple coordination in the subject
    bands and, thus we will not consider them in the instant action.
    Accordingly these issues will not be considered herein, but reserved
    for future Commission action.[^78]

## Merits of the requests

13. *Competitive Coordination for 800 MHz Public Safety frequencies*. In
    order to resolve the requests, we must first decide whether it is
    appropriate to introduce competition among frequency coordinators in
    the 800 MHz Public Safety categories. As noted above, when the
    Commission certified PLMR coordinators in 1986, it recognized the
    benefits of certifying more than one coordinator in each service but
    declined to do so at that time. In 1997, as part of a broad review
    of the PLMR services below 512 MHz, the Commission concluded that it
    would be in the public interest to allow more than one entity to
    coordinate frequencies formerly allocated to the Local Government
    Radio Service. The Commission also introduced competition among
    public safety frequency coordinators by certifying all public safety
    coordinators to frequency coordinate Public Safety 700 MHz General
    Use (regional planning) spectrum. By comparison, the decision to
    certify a single coordinator for 800 MHz public safety frequencies,
    including 800 MHz regional planning spectrum, occurred more than a
    decade ago. In this connection, we note the Commission\'s more
    recent statement that "we have not introduced competition into the
    frequency coordination process in the 800 MHz and 900 MHz bands so
    potential for improvement in these areas still exists."[^79] Our
    experience since 1997 indicates that the introduction of competitive
    PLMR frequency coordination generally has been successful.[^80] In
    this connection, we note that the Commission reconsidered and
    affirmed the decision to provide competitive coordination in the
    Public Safety 700 MHz band,[^81] and we have recently introduced
    competitive coordination in the 800 MHz and 900 MHz Business and
    Industrial/Land Transportation bands.[^82]

14. We conclude that, with respect to the desirability and feasibility
    of frequency coordinator competition, that there are no significant
    differences between applications and licensing in the frequencies
    formerly allocated to the Local Government Radio Service below 512
    MHz,[^83] the 700 MHz and 800 MHz Public Safety bands.[^84] That the
    Commission did not introduce competitive coordination in the 800 MHz
    band when it did so for the former Local Government Radio Service
    frequencies below 512 MHz, and in the 700 MHz band, does not
    indicate that the Commission found such action unwarranted. Rather,
    the 800 MHz band simply was not at issue in those proceedings.
    Indeed, on the basis of its actions relative to the 700 MHz band, we
    believe the Commission has indicated a desire to foster competition
    between certified public safety frequency coordinators regarding
    public safety spectrum above 512 MHz.[^85] Further, we believe that
    introducing such competition in the 800 MHz public safety spectrum
    will bring the benefits of lowering prices and improving the quality
    for frequency coordination, including speeding application
    processing time. In this connection, we note that the Commission
    introduced competitive coordination in the 800 MHz General Category
    frequencies to permit applicants the advantage of being able to
    choose a frequency coordinator on the basis of criteria such as cost
    and speed of service.[^86] Further, we note that the majority of
    commenters to the captioned proceedings, including state and local
    public safety agencies, contend that competition will reduce delays
    that applicants experience in awaiting coordination by alleviating
    the current burden on APCO as the sole 800 MHz band frequency
    coordinator.[^87] Accordingly, we find it in the public interest to
    expand competition among certified public safety frequency
    coordinators to the 800 MHz PLMR Public Safety frequencies.

15. *Certification of Multiple Coordinators for 800 MHz Public Safety
    frequencies*. We next address whether AASHTO, FCCA,[^88] and
    IAFC/IMSA are qualified to coordinate 800 MHz Public Safety
    frequencies. While generally supportive of the Commission's policy
    to promote competitive frequency coordination, APCO urges us to
    carefully review the Requesters' qualifications.[^89] APCO contends
    that the Requesters' are unfamiliar with regional plans and lack
    extensive local involvement in each of the regions compared to the
    APCO Local Frequency Advisors.[^90] In reply, IAFC/IMSA contends
    that the regional planning process is distinct from frequency
    coordinator qualifications.[^91]

16. As noted above, the criteria the Commission established in 1986 for
    PLMR frequency coordination certification were (a)
    representativeness of the users of the frequencies 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.[^92] The Commission found that AASHTO met these
    requirements with respect to the Highway Maintenance Radio Services,
    IAFC/IMSA met these requirements with respect to the Fire, Special
    Emergency, and Emergency Medical Radio Services, and FCCA met these
    requirements with respect to the Forestry Conservation Radio
    Service. We now conclude that IAFC/IMSA and AASHTO, as well as FCCA,
    meet these requirements in regard to the 800 MHz Public Safety
    frequencies.

17. The Commission found that AASHTO represented the nations' highway
    maintenance service entities, that IAFC/IMSA represented the
    nations' fire, special emergency, and emergency medical services
    entities, and that FCCA represented the nation's forestry
    conservation services entities.[^93] We find this continues to be
    the case. Because highway maintenance, forestry conservation, and
    fire, and emergency medical entities are eligible for 800 MHz Public
    Safety frequencies, we conclude that AASHTO, IAFC/IMSA, and FCCA are
    representative of a class of users of the frequencies for which we
    are certifying AASHTO and IMSA/IAFC and finding FCCA qualified to
    coordinate. Regarding AASHTO, FCCA and IAFC/IMSA's experience and
    expertise, we note that these entities have been providing frequency
    coordination services for over forty years, predating formal
    certification as frequency coordinators. In that time we have not
    received any significant complaints about AASHTO, FCCA, and
    IAFC/IMSA's performance. In this connection, we note that several
    commenters expressly attest to the quality of AASHTO and IAFC/IMSA's
    frequency coordination services below 512 MHz.[^94] Moreover, we
    concur with the Requesters that any entity that successfully
    addresses the complex engineering questions presented by many
    below-512 MHz frequency coordinations can be expected to correctly
    apply the express mileage separation requirements set forth in the
    Commission's rules regarding the 800 MHz band.[^95] Further, we
    believe that the below 512 MHz certified frequency coordinators are
    also well equipped to coordinate 800 MHz frequencies in border
    areas[^96] including the 800 MHz regional planning borders, which
    largely follow state boundaries. In our view, these frequency
    coordinations are not materially *more* complex than those below 512
    MHz. We note that all of the certified public safety frequency
    coordinators for below 512 MHz and 700 MHz currently have nationwide
    coordination capability. We expect these entities to retain their
    nationwide capability for continued use in coordinating frequencies
    below 512 MHz and for use in coordinating 800 MHz Public Safety
    frequencies. Furthermore, while we acknowledge APCO's continuing
    support for 800 MHz regional planning activities, we are confident,
    based on our experience and on the record before us, that all
    below-512 and 700 MHz public safety frequency coordinators are
    committed to providing high quality and cost-based frequency
    coordination to 800 MHz public safety applicants.[^97] In view of
    the foregoing, we believe that AASHTO, FCCA, and IAFC/IMSA are
    qualified to coordinate Public Safety frequencies in the 800 MHz
    band.

18. *Competitive Coordination for 800 MHz General Category*. As noted
    above, the Commission first introduced competitive frequency
    coordination in the 800 MHz General Category over ten years
    ago.[^98] Specifically, the Commission decided in 1990 that all
    frequency coordinators then certified to coordinate the 800 MHz
    Public Safety, Industrial/Land Transportation, and Business
    categories were thereby certified to coordinate applications to
    trunk 800 MHz General Category channels.[^99] As a result, the
    Commission certified APCO, PCIA, and ITA to frequency coordinate the
    General Category because it found no distinction, for licensing
    purposes, based on the radio service in which a user was
    eligible.[^100] Accordingly, we conclude that all frequency
    coordinators that are certified to coordinate PLMR frequencies in
    the 800 MHz band are thereby certified to coordinate 800 MHz General
    Category applications that remain subject to frequency
    coordination.[^101]

## Implementation Matters; Notifications

19. *800 MHz Regional Planning Spectrum.* We agree with APCO that
    entities that coordinate frequencies in the 821-824/866-869 MHz
    bands must be knowledgeable about the relevant 800 MHz regional
    plans and planning processes that have been established.[^102]
    Although the 800 MHz regional planning process has matured over the
    last decade, some 800 MHz regional plans have required modification
    from time to time. The Wireless Telecommunications Bureau gives
    public notice of any such proposals, solicits comments thereon, and
    issues appropriate orders upon review.[^103] Because 800 MHz
    regional plans continue to evolve, all coordinators must be
    knowledgeable about the relevant FCC-approved regional plans. This
    will ensure that assignments are consistent with the current
    regional plans. In this connection, we note that copies of 800 MHz
    regional plans may be obtained by contacting the relevant regional
    planning committee chairperson.[^104]

20. *800 MHz Public Safety frequencies*. Each public safety frequency
    coordinator that chooses to recommend 800 MHz Public Safety
    frequencies must adopt a system for information exchange to ensure
    that applications, once submitted, are not in conflict with other
    applications being submitted simultaneously or concurrently. While
    the Commission indicated in the *Refarming Second Report and Order*
    and the *700 MHz First Report and Order* that a real-time common
    database was desirable, it did not require that this method be
    adopted because there might be less expensive and less complex
    methods of sharing data and maintaining up-to-date records.[^105] As
    the Commission did in the *Refarming* *Second Report and Order* and
    the *700 MHz Report and Orde*r, we will leave the issue of whether
    to use a real-time common database to the coordinators'
    discretion.[^106] We note that several of the subject public safety
    frequency coordinators share data through the same third party
    database that is utilized by AASHTO.[^107] As a result, these
    coordinators may use that database or choose a different method of
    sharing pertinent data so long as all public safety coordinators are
    properly notified.

21. We will require that coordinators provide notification of all 800
    MHz Public Safety frequency recommendations to every 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, and in 1998 to Public Safety 700 MHz band
    frequency recommendations, will improve the speed and quality of
    recommendations.[^108] In the interests of efficiency and fairness,
    notification must be made to all of the other coordinators that are
    certified to coordinate the frequency(s) recommended at
    approximately the same time.[^109] To encourage and facilitate the
    cooperation between the frequency coordinators, we will require that
    each 800 MHz Public Safety frequency coordinator communicate at
    least once each business day with each other 800 MHz Public Safety
    frequency coordinator.[^110] Even on days that there are no
    coordinations, communication between 800 MHz Public Safety frequency
    coordinators is required.[^111]

22. *General Category frequencies.* Incumbent General Category licensees
    that modify their licenses must obtain frequency coordination from a
    certified 800 MHz band frequency coordinator.[^112] The Commission's
    rules require incumbent licensees that make modifications within
    their original 18 dBu V/m or 22 dBu V/m contour to notify the
    Commission by filing a frequency coordinated modification
    application on FCC Form 601.[^113] Incumbent licensees seeking to
    utilize an 18 dBu V/m signal strength interference contour shall
    obtain frequency coordination, when the consent of a co-channel
    licensee is withheld.[^114] Additionally, the Commission's Rules
    contemplate frequency coordination for General Category applications
    associated with involuntary relocations of incumbent licensees of
    the upper 200 channels in the 800 MHz band.[^115] Each 800 MHz band
    frequency coordinator that chooses to recommend General Category
    frequencies, must adopt a system for information exchange to ensure
    that applications, once submitted, are not in conflict with other
    applications being submitted simultaneously or concurrently.

23. *Notification details*. For 800 MHz PLMR applications, each required
    notification must, at a minimum, 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.[^116] The
    implementation details of providing notification will be left to
    each coordinator's discretion.[^117] For 800 MHz Public Safety
    frequencies, coordinators may choose to notify each other every time
    a recommendation is made, each time a certain number of
    recommendations are made, or they can send a notification containing
    all recommendations at the close of each business day.[^118] For
    PLMR General Category applications, each coordinator that chooses to
    recommend these frequencies must adopt a system for information
    exchange to ensure that applications, once submitted, are not in
    conflict with other applications being submitted simultaneously or
    concurrently. 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, within one
    business day, any additional information requested regarding a
    pending coordination that it processed.[^119] We believe that these
    procedures will prevent the filing of conflicting applications while
    fostering competition in the frequency coordination process.

# CONCLUSION 

24. After careful consideration of the information before us, we are
    persuaded that IAFC/IMSA has the qualifications necessary to follow
    the rules and regulations in performing frequency coordination for
    800 MHz Public Safety frequencies. We are also persuaded that AASHTO
    has the qualifications necessary to follow the rules and regulations
    in performing frequency coordination for 800 MHz Public Safety
    frequencies. The overwhelming number of commenters support the
    instant petitions, many speaking to first-hand knowledge of
    IAFC/IMSA and AASHTO's coordination practices and abilities, and
    they establish that the petitioners have the experience, expertise
    and diligence necessary to provide effective frequency coordination
    services for these frequencies. We therefore grant IAFC/IMSA's and
    AASHTO's request for certification to provide frequency coordination
    services for 800 MHz Public Safety frequencies.

25. Additionally, we conclude that the other below 512 MHz and 700 MHz
    Public Safety coordinator, FCCA, is qualified to coordinate 800 MHz
    Public Safety frequencies. If interested in coordinating these
    frequencies, FCCA, must notify the Bureau of its intention within
    forty-five days from the date this *Order* is released. Notification
    should be addressed to Ms. D'wana R. Terry, Chief, Public Safety and
    Private Wireless Division, Wireless Telecommunications Bureau,
    Federal Communications Commission, 445 12th Street, S.W.,
    Washington, D. C. 20554. In order to inform applicants and other
    coordinators as to which entities provide coordination services for
    800 MHz Public Safety frequencies, we will announce the
    certification of FCCA for this spectrum by public notice, if FCCA so
    notifies the Bureau.

26. In accordance with Commission precedent, we note that all frequency
    coordinators that are certified to coordinate PLMR frequencies in
    the 800 MHz band are thereby certified to coordinate 800 MHz General
    Category applications that are subject to frequency coordination.

# ORDERING CLAUSES

27. Accordingly, IT IS ORDERED that, pursuant to Section 4(1) 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 International
    Association of Fire Chiefs, Inc., and the International Municipal
    Signal Association on July 6, 2000 is GRANTED to the extent
    discussed above.

28. IT IS ORDERED that, pursuant to Section 4(1) 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 American Association of State Highway
    Transportation Officials on December 4, 2000 is GRANTED.

29. IT IS FURTHER ORDERED that International Association of Fire Chiefs,
    Inc., and the International Municipal Signal Association are
    CERTIFIED to provide frequency coordination services for
    applications for 800 MHz Public Safety frequencies.

30. IT IS FURTHER ORDERED that American Association of State Highway
    Transportation Officials is CERTIFIED to provide frequency
    coordination services for applications for 800 MHz Public Safety
    frequencies.

31. 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 Chief, Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: The "800 MHz Public Safety frequencies" include six megahertz of
    spectrum at 821-824/866-869 MHz, *see* 47 C.F.R. §§ 90.16,
    90.617(a)(1), (NPSPAC/Regional Plans), seventy channels within the
    806-821/851-866 MHz band, *see* 47 C.F.R. § 90.617(a) (Public Safety
    Category), channels available for public safety use within the
    U.S./Mexico border area, *see* 47 C.F.R. § 90.619(a), and
    U.S./Canada border area, *see* 47 C.F.R. §§ 90.619(b), (c).

[^2]: We note that the 896-901/935-940 MHz band (900 MHz band) is
    available only for Business, Industrial/Land Transportation, and
    Specialized Mobile Radio (SMR) systems. 47 C.F.R. §§ 90.35, 90.601,
    90.617, and 90.619.

[^3]: Informal Request for Certification filed by IAFC/IMSA on July 6,
    2000 (IAFC/IMSA Request).

[^4]: Informal Request for Certification filed by AASHTO on Dec. 4, 2000
    (AASHTO Request).

[^5]: Public Safety Pool frequencies between 25 MHz and 512 MHz are
    subject to frequency coordination and most applications are for
    frequencies in the 150-174 MHz, 220-222 MHz, 421-430 MHz, 450-470
    MHz, and 470-512 MHz bands. *See* 47 C.F.R. §§ 90.20(c)(3), 90.175.
    There is also twenty-four megahertz of spectrum allocated for public
    safety services at 764-776 MHz and 794-806 MHz (Public Safety 700
    MHz band). *See* 47 C.F.R. § 90.521.

[^6]: *See* Wireless Telecommunications Bureau Seeks Comment on Informal
    Request of AASHTO for Certification to Provide Frequency
    Coordination for 800 MHz Private Land Mobile Radio Service
    Frequencies, *Public Notice*, 16 FCC Rcd 2192 (WTB PSPWD 2001);
    Wireless Telecommunications Bureau Seeks Comment on Informal Request
    of IAFC/IMSA for Certification to Provide Frequency Coordination for
    800 MHz and 900 MHz Private Land Mobile Radio Service Frequencies,
    *Public Notice*, 16 FCC Rcd 2195 (WTB PSPWD 2001).

[^7]: The following parties filed comments in response to AASHTO's
    Request: American Mobile Telecommunications Association, Inc.
    (AMTA), Association of Public-Safety Communications
    Officials-International, Inc. (APCO), Atlas License Company and Data
    Services (Atlas), Cara Enterprises (Cara), ComNet Ericsson Critical
    Radio Systems (ComNet), Department of Public Works for Howard
    County, Maryland (DPW), Kansas Department of Transportation (KDOT),
    Metropolitan Washington Airports Authority (MWAA), Minnesota
    Department of Transportation (MDOT), National Public-Safety Planning
    Advisory Committee, Region VI, California, Review and Revision
    Committee (Region VI), Tennessee Department of Transportation
    (TDOT), and Washington State Department of Transportation (WDOT).
    The following parties filed comments in response to IAFC/IMSA's
    Request: AMTA, APCO, Atlas, ComNet, and Region VI.

[^8]: The Georgia Department of Transportation (GDOT) filed reply
    comments concerning AASHTO's Request. IAFC/IMSA filed reply comments
    to APCO's comments on IAFC/IMSA's Request. AASHTO also filed an *ex*
    *parte* letter in this proceeding. *See* Letter from Larry Miller,
    AASHTO, to Secretary, FCC (Jun. 26, 2001).

[^9]: AASHTO and IAFC/IMSA ask that their requests not be part of a
    larger rulemaking proceeding. *See* AASHTO Request at 7; IAFC/IMSA
    Reply at 4-5 n. 5. We consolidate the two requests given that they
    raise common issues of fact and law. 47 C.F.R. § 1.1. Therefore,
    this *Order* addresses only the issue of whether entities already
    certified to coordinate Public Safety frequencies below 512 MHz and
    700 MHz Public Safety frequencies should also be certified to
    coordinate 800 MHz Public Safety frequencies. *See* 47 C.F.R. §
    90.20(c) (specifying coordinators). We note that APCO is already
    certified to coordinate 800 MHz Public Safety frequencies.

[^10]: 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*). Public Safety frequencies are listed in 47 C.F.R. § 90.20.

[^11]: *Frequency Coordination Report and Order*, 103 FCC 2d at 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)).

[^12]: *See* *Frequency Coordination Report and Order*, 103 FCC 2d at
    1126-1147 ¶¶ 70-108.

[^13]: *Id*. at 1095 ¶ 2.

[^14]: *Id*. at 1126-1131 ¶¶ 70-9.

[^15]: Frequency Coordination in the Private Land Mobile Radio Services,
    *Notice of Proposed Rulemaking*, PR Docket No. 83-737, 49 Fed. Reg.
    45,454, 45,456 ¶ 14 (1984).

[^16]: *Frequency Coordination Report and Order*, 103 FCC 2d at 1121-22
    ¶¶ 57-59.

[^17]: *Id*. at 1122-3 ¶ 61.

[^18]: *Id*. at 1126 ¶ 70.

[^19]: *Id*. at 1126 ¶ 70 n. 17.

[^20]: *Id*. at 1126 ¶ 70 (*e.g.*, how frequency recommendations would
    be made and whether all applicants would be treated equally).

[^21]: *Id*.

[^22]: *Id*. (*e.g.*, whether the applicant had a nationwide database of
    users in the service it proposed to coordinate, and whether the
    database was automated).

[^23]: *Id*. at 1129-31 ¶¶ 75, 77 (IAFC/IMSA and the Business Radio
    Service coordinator were certified jointly as the coordinator of the
    Special Emergency Radio Service). *See* Amendment of Part 90 of the
    Commission's Rules to Create the Emergency Medical Radio Service, PR
    Docket No. 91-72, *Report and Order*, 8 FCC Rcd 1454, 1460 ¶ 33
    (1993) (certifying IAFC/IMSA as the frequency coordinator of the
    Emergency Medical Radio Service).

[^24]: *Frequency Coordination Report and Order*, 103 FCC 2d at 1129 ¶
    75.

[^25]: *Id*. at 1127, 1129 ¶¶ 73, 76.

[^26]: *Id*. at 1129 ¶ 75.

[^27]: 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, *Second Report and Order*, PR Docket
    92-235, 12 FCC Rcd 14307, 14317-8 ¶ 20 (1997) (*Refarming Second
    Report and Order*).

[^28]: *See* 47 C.F.R. §§ 90.15-90.20.

[^29]: *Refarming Second Report and Order*, 12 FCC Rcd at 14,327 ¶¶
    37-8.

[^30]: *Id*. at ¶ 38.

[^31]: *Id*.

[^32]: *Id*. The concept of allowing applicants the opportunity to
    select among multiple coordinators is not unique among Part 90
    users. The Commission noted that applicants for 800 MHz band
    conventional and trunked systems on General Category frequencies had
    the option of seeking coordination from any of three frequency
    coordinators certified to recommend 800 MHz frequencies. *Id*. at
    14,328-9 ¶ 40. *See* *supra* ¶ 10.

[^33]: *Id*. at 14,325-6 ¶ 34.

[^34]: *Id*.

[^35]: *Id*. at 14,327 ¶ 38.

[^36]: *Id*. at 14,328 ¶ 40.

[^37]: *Id*. at 14,328 ¶ 39.

[^38]: *Id*.

[^39]: *Id*. "Each Public Safety frequency coordinator," the Commission
    explained, "must be knowledgeable" about the specific regional plans
    that have been established in the radio service in which they
    coordinate to avoid any unintended public safety consequences. *Id*.
    n. 96.

[^40]: *Id*. at 14,328 ¶ 39.

[^41]: *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*).

[^42]: *700 MHz First Report and Order*, 14 FCC Rcd at 200 ¶ 98.

[^43]: *Id*. (citing *Refarming Second Report and Order*, 12 FCC Rcd at
    14,327).

[^44]: *Id*.

[^45]: *Id*. APCO also argued that as the certified 800 MHz public
    safety frequency coordinator representing eligible users, it was the
    only coordinator with experience coordinating regional planning
    frequencies. *Id*. at 199 ¶ 96.

[^46]: *Id*. at 200 ¶ 98.

[^47]: *Frequency Coordination Report and Order*, 103 FCC 2d at 1142 ¶
    99. Similarly, the Commission certified the Personal Communications
    Industry Association (then named the National Association of
    Business Educational Radio) (PCIA) and the Industrial
    Telecommunications Association (then named the Special Industrial
    Radio Service Association) (ITA) as the exclusive coordinators of
    the 800 MHz Business and 800 MHz Industrial/Land Transportation
    categories, respectively. *Id*.

[^48]: *Id*. at 1146-7 ¶ 108. The Commission permitted the continued use
    of three coordinators for recommending these frequencies because
    this procedure had evolved into a workable, manageable system. *Id*.

[^49]: *See* 47 C.F.R. § 90.16. The National Public Safety Plan was
    established in General Docket No. 87-112. *See* Development and
    Implementation of a Public Safety National Plan and Amendment of
    Part 90 to Establish Service Rules and Technical Standards for Use
    of the 821-824/866-869 MHz Bands by the Public Safety Services, Gen.
    Docket No. 87-112, *Report and Order*, 3 FCC Rcd 905 (1987)
    (*National Plan Report and Order*).

[^50]: *Id*. at 906 ¶ 10. Regional planning committees must coordinate
    with adjoining regions. *Id*. at 910-1 ¶¶ 45, 55. The Commission
    concluded that inter-regional cooperation and concurrence was the
    best, most cost effective, and least complicated method for avoiding
    cross-border harmful interference problems between regions. *Id*.

[^51]: *Id*. at 910 ¶¶ 45-46. Regional planning committees must be
    representative of all public safety entities in their regions. *Id*.
    at 910 ¶ 46; Development and Implementation of a Public Safety
    National Plan and Amendment of Part 90 to Establish Service Rules
    and Technical Standards for Use of the 821-824/866-869 MHz Bands by
    the Public Safety Services, Gen. Docket No. 87-112, *Memorandum
    Opinion and Order on Reconsideration*, 3 FCC Rcd 5391, 5395 ¶ 43
    (1988) (*National Plan Memorandum Opinion and Order on
    Reconsideration*). Eligibility criteria for Public Safety Pool
    frequencies are set forth in 47 C.F.R. § 90.20.

[^52]: *National Plan Report and Order*, 3 FCC Rcd at 910 ¶ 47.

[^53]: *Id*. at 910. In instances where there is insufficient spectrum
    to satisfy the needs of all eligibles "the highest priority must be
    given to those organizations most fundamentally involved in the
    protection of life and property." *Id*. at 906 ¶ 13. Regional
    planning committees are in the best position to determine which
    services are of the greatest importance to public safety in their
    regions." *Id*. The Commission said that it would "leave it to the
    regional planning committees" to determine which entities would
    obtain channel assignments. *Id*. Committees, however, must explain
    the criteria used to determine frequency assignments. *Id*.;
    *National Plan Memorandum Opinion and Order on Reconsideration*, 3
    FCC Rcd at 5395 ¶ 43.

[^54]: *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,
    PR Docket 96-86, *Second Memorandum Opinion and Order*, 15 FCC Rcd
    16,844, 16,869 ¶ 56 (2000) (*700 MHz Second Memorandum Opinion and
    Order*).

[^55]: *See* *700 MHz First Report and Order,* 14 FCC Rcd at 195-6 ¶ 88
    n.226 (citing *National Plan Report and Order*, 3 FCC Rcd at 911).

[^56]: *National Plan Report and Order*, 3 FCC Rcd at 911 ¶ 57.

[^57]: *See* Trunking in the Private Land Mobile Radio Services for More
    Effective and Efficient Use of the Spectrum PR Docket No. 87-213,
    *Report and Order*, 5 FCC Rcd 4016, 4022 ¶ 56 (1990) (*Trunking
    Report and Order*).

[^58]: Amendment of Part 90 of the Commission's Rules to Expand
    Coordination of the 800 MHz General Category Channels, PR Docket No.
    92-209, *Report and Order*, 8 FCC Rcd 3626, 3627 ¶ 7 (1993)
    (*General Category Report and Order*). Additionally, the Commission
    noted that procedures were already in place for cross-notification
    among the three 800 MHz coordinators in this spectrum when a
    recommendation is made by one. *Id*. at 3628 ¶ 10 n.34 (citing
    *Trunking Report and Order*; 5 FCC Rcd at 4022).

[^59]: *Id*. at 3627 ¶ 8.

[^60]: *Id*. citing *Frequency Coordination Report and Order*, 103 FCC
    2d at 1446-7 ¶ 108 (licensing of the "original 150" channels was
    based on type of technology used rather than the category of user,
    so no one coordinator represented most users; however, all of the
    coordinators combined represented most if not all users).

[^61]: Licensing of General Category Frequencies in the
    806-809.750/851-854.750 MHz bands, *Order*, 10 FCC Rcd 13,190
    (1995).

[^62]: Amendment of Part 90 of the Commission's Rules to Facilitate
    Future Development of SMR Systems in the 800 MHz Frequency Band,
    *First Report and Order,* *Eight Report and Order and Second Further
    Notice of Proposed* *Rulemaking*, PR Docket No. 93-144, GN. Docket
    No. 93-252, PP Docket No. 93-253, 11 FCC Rcd 1463 (1995) (*800 MHz
    SMR Report and Order*), and *Memorandum Opinion and Order on
    Reconsideration*, 12 FCC Rcd 9972 (1997) (*800 MHz Memorandum
    Opinion and Order*).

[^63]: *See* 800 MHz Specialized Mobile Radio (SMR) Service General
    Category (851-854 MHz) and Upper Band (861-865 MHz) Auction Closes,
    *Public Notice*, 15 FCC Rcd 17,162 (rel. Sept. 6, 2000). For the
    auction, the 150 General Category channels were divided into six
    blocks, each containing twenty-five channels. Subsequent to the
    closing of the auction, in which 1,030 licenses were sold, *see
    id*., the Commission announced that applications for 1,1014 licenses
    had been accepted for filing. *See* Wireless Telecommunications
    Bureau Grants 800 MHz Specialized Mobile Radio (SMR) Service General
    Category (851-854 MHz) and Upper Band (861-865 MHz) Auction
    Licenses, *Public Notice*, DA 00-2862 (rel. Dec. 20, 2000). The
    unsold licenses will be part of a future auction.

[^64]: Incumbent licensees refers to all 800 MHz licensees authorized in
    the 806-821/851-866 MHz band who obtained licenses or filed
    applications on or before December 15, 1995. *See* 47 C.F.R. §
    90.693.

[^65]: 47 C.F.R. §§ 90.693 and 90.699 (incumbent modification and
    relocation procedures).

[^66]: APCO Comments at 2 n. 2 citing Petition for Rulemaking filed by
    APCO on February 21, 2001 (*APCO Petition*), which requests
    amendment of the rules to permit the use of any certified public
    safety coordinator for channels below 470 MHz. The *APCO Petition*
    is pending under file number RM-10077. *See* *Public Notice,* Report
    No. 2469 (rel. Mar. 1, 2001).

[^67]: AASHTO Request at 7, AMTA Comments at 3. *See also* DPW Comments
    at 2; MWAA Comments at 2; TDOT Comments at 2 (urging Commission to
    proceed on ad hoc basis). We note that IAFC/IMSA and APCO do not
    address the Bureau's authority to proceed on an ad hoc basis.

[^68]: 47 C.F.R. §§ 0.131, 0.331.

[^69]: 47 C.F.R. § 0.131(m).

[^70]: 47 C.F.R. § 0.331.

[^71]: 47 C.F.R. § 0.131.

[^72]: 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, 11,218 ¶ 36 (2000).

[^73]: *See* SEC v. Chenery Corp., 332 U.S. 194, 203 (1947).

[^74]: For example, we recently exercised our authority to certify
    United Telecom Council, Manufacturers Radio Frequency Advisory
    Committee, ITA, and PCIA to coordinate PLMR frequencies in the 800
    MHz and 900 MHz Business and Industrial Land Transportation bands.
    *See* United Telecom Council, *Order*, DA 01-944 ¶ 7 (PSPWD, WTB
    2001) (*UTC Order*). We also offered all below 512 MHz band I/B
    frequency coordinators the opportunity to perform frequency
    coordination services for frequencies in the 800 MHz and 900 MHz
    Business and I/LT bands. *Id*. at ¶ 1.

[^75]: Atlas Comments at 1; ComNet Comments at 1. AMTA urges the
    Commission to grant the frequency coordinator certification requests
    filed by AMTA and UTC. *See* AMTA Comments at 2 n. 2-3 citing Public
    Notices, DA 00-1699 (rel. Sept. 20, 2000) and DA 00-1172 (rel. May
    26, 2000). We note that both UTC and AMTA's requests have been
    granted. *UTC Order*, *supra* note Error: Reference source not
    found; American Mobile Telecommunications Association, Inc., and
    American Trucking Associations, Inc., *Memorandum Opinion and
    Order*, DA 01-1411 (PSPWD, WTB 2001).

[^76]: We note that the FCCA has not requested certification to
    coordinate 800 MHz Public Safety frequencies.

[^77]: IAFC/IMSA suggests that available channels in the 800 MHz and 900
    MHz PLMR bands have been divided into three categories, which
    include Public Safety. IAFC/IMSA Request at 5 n. 13 citing
    Implementation of Section 309(j) and 337 of the Communications Act
    of 1934 as Amended, Promotion of Spectrum Efficient Technologies on
    Certain Part 90 Frequencies, Establishment of Public Service Radio
    Pool in the Private Mobile Frequencies Below 800 MHz, *Notice of
    Proposed Rule Making*, WT Docket No. 99-87, 14 FCC Rcd 5206, 5215 ¶
    12 (1999) (*Below-800 MHz Notice*). The *Below-800 MHz Notice*
    refers to frequencies within the 896-901/935-940 band as the 900
    MHz, which, we note, are available for Business, Industrial/Land
    Transportation, and SMR systems. *See* 47 C.F.R. §§ 90.35, 90.601,
    90.617, and 90.619.

[^78]: As noted above, the *APCO Petition* is pending and has been
    placed on public notice. *See supra* note Error: Reference source
    not found.

[^79]: *Below-800 MHz Notice*, 14 FCC Rcd at 5217 ¶ 15.

[^80]: AMTA Comments at 2; Atlas Comments at 1; ComNet Comments at 1;
    DPW Comments at 1-2; GDOT Reply at 1-2; MDOT Comments at 2; MWAA
    Comments at 2; TDOT Comments at 1-2; WDOT Comments at 1.

[^81]: 700 *MHz Second Memorandum Opinion and Order*, 15 FCC Rcd at
    16,884 ¶ 87.

[^82]: *UTC Order*, DA 01-944 ¶ 1.

[^83]: *See* *Refarming Second Report and Order*, 12 FCC Rcd at 14,327
    ¶¶ 37-8 (distinguishing the Local Government Radio Service from
    other below 512 MHz public safety radio services).

[^84]: Accordingly, our decision today has no direct bearing on the
    outcome of APCO's pending petition for rulemaking, which seeks to
    introduce competitive coordination to public safety frequencies
    below-470 MHz.

[^85]: *Below-800 MHz Report and Order*, 14 FCC Rcd at 5217 ¶ 15.

[^86]: *See General Category Report and Order*, 8 FCC Rcd at 3627 ¶ 7;
    *infra* ¶ 10.

[^87]: AMTA Comments at 2; Atlas Comments at 1; Cara Comments at 1;
    ComNet Comments at 1; GDOT Reply at 1-2; KDOT Comments at 1; DPW
    Comments at 1; MWAA Comments at 1; MDOT Comments at 2; TDOT Comments
    at 1; and WDOT Comments at 1. Some commenters indicate 800 MHz
    applicants often experience extended delays, *i.e*., three months or
    more, for frequency coordination. Atlas Comments at 1; Cara Comments
    at 1; GDOT Reply at 1.

[^88]: *See infra* ¶ 12.

[^89]: APCO Comments at 2.

[^90]: APCO Comments at 3; Region VI Comments at 1-2. APCO also warns
    that it may be unable to continue providing financial and in-kind
    support for certain regional planning-related activities, absent a
    commitment from competitors to provide "high quality and
    cost-effective coordination with or without competition." APCO
    Comments at 5 n. 7; Region VI Comments at 1-2 (suggesting that lower
    costs would result in less support from APCO for Region VI
    activities).

[^91]: IAFC/IMSA Reply at 2.

[^92]: *Frequency Coordination Report and Order*, 103 FCC 2d at 1126 ¶
    70.

[^93]: *Id*. at 1126-1131 ¶¶ 70-9.

[^94]: Atlas Comments at 1; ComNet Comments at 1; GDOT Reply at 2. GDOT
    says that AASHTO has met its mandate of processing 90 percent of
    applications within 20 working days or less.

[^95]: 47 C.F.R. § 90.621.

[^96]: 47 C.F.R. § 90.619 (frequencies available along U.S./Mexican and
    U.S./Canadian border areas).

[^97]: We remind coordinators that fees for frequency coordination
    services must reasonably reflect the cost of providing coordination
    services. *700 MHz Second Memorandum Opinion and Order*, 15 FCC Rcd
    at 16,884 ¶ 87.

[^98]: *See* ¶ 10, *infra.*

[^99]: *Id.*

[^100]: *Id.*

[^101]: *See* ¶ 22, *infra*.

[^102]: *See* *National Plan Report and Order*, 3 FCC Rcd at 911 ¶ 53-7;
    *Refarming Second Report and Order*, 12 FCC Rcd 14328 ¶ 39 n.96.

[^103]: *National Plan Report and Order*, 3 FCC Rcd at 911. For the 800
    MHz band, the Commission staff is required to examine the proposed
    modification of plan, to ensure the public safety needs are fully
    addressed, that the spectrum has been used efficiently, that
    coordination with adjacent regions has occurred, and that all the
    requirements of the National Plan are met. *Id*.

[^104]: Regional Planning Chairpersons are listed at
    \<<http://www.fcc.gov/wtb/publicsafety>\>.

[^105]: *700 MHz First Report and Order*, 14 FCC Rcd at 201 ¶ 100 citing
    *Refarming Second Report and Order*, 12 FCC Rcd at 14,332 ¶ 46.

[^106]: *Id*. citing *Refarming Second Report and Order*, 12 FCC Rcd at
    14,332 ¶ 46.

[^107]: AASHTO Request at 5.

[^108]: *See* 47 C.F.R. § 90.176. *See also 700 MHz First Report and
    Order*, 14 FCC Rcd at 201 ¶ 100 citing *Refarming* *Second Report
    and Order*, 12 FCC Rcd at 14,333-5.

[^109]: *Refarming* *Second Report and Order*, 12 FCC Rcd at 14,333-4 ¶
    47.

[^110]: *Id*.

[^111]: *Id*.

[^112]: *See* 47 C.F.R. §§ 90.693(b), (c), 90.147, 90.175.

[^113]: 47 C.F.R. §§ 90.693(b), (c). *See, e.g*., Yellow Cab Company,
    Inc., *Order on Reconsideration*, 15 FCC Rcd 15,583 (PSPWD, WTB
    2000).

[^114]: 47 C.F.R. §§ 90.693(c). *See* Amendment of Part 90 of the
    Commission's Rules to Facilitate Future Development of SMR Systems
    in the 800 MHz Frequency Band, PR Docket No. 93-144, GN Docket No.
    93-252, PP Docket No. 93-253, *Memorandum Opinion and Order on
    Reconsideration*, 14 FCC Rcd 17,556, 17,571 ¶ 23 (1999).

[^115]: *See* 47 C.F.R. § 90.699(c); *800 MHz SMR Report and Order*, 11
    FCC Rcd at 1503-10 ¶¶ 65-79.

[^116]: *Refarming* *Second Report and Order*, 12 FCC Rcd at 14,333-4 ¶
    47.

[^117]: For example, coordinators may use e-mail or facsimile for
    notification purposes.

[^118]: *Id*. at 14,334 n. 128.

[^119]: *Id*. at 14,334 ¶ 49.