**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

PEND OREILLE COUNTY, WASHINGTON )

DEPARTMENT OF EMERGENCY MANAGEMENT )

)

Request for Special Temporary Authority )

to Operate Conventional Public Safety Pool Station )

WPKQ914 on Frequency 150.995 MHz North Of Line A)

##### ORDER ON RECONSIDERATION

###### Adopted: March 5, 2001 Released: March 7, 2000

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

1\. *Introduction*. Pend Oreille County, Washington (County) has
requested reconsideration of the denial of a request for special
temporary authority (STA) by the Public Safety and Private Wireless
Division, Licensing and Technical Analysis Branch (Branch).[^1] The
Branch denied[^2] the STA request[^3] to operate Conventional Public
Safety Pool Station WPKQ914 on frequency 150.995 MHz north of "Line
A,"[^4] pending modification of the station license. Based on our review
of the record in this matter, we conclude that the Branch's denial of
the STA request was warranted. Therefore, the reconsideration petition
is denied.

2\. *Background*. Frequency 150.995 MHz is subject to Canadian frequency
coordination.[^5] Under a 1962 bilateral agreement,[^6] coordination
between the United States and Canadian authorities generally is required
in the assignment of certain frequencies, including frequency 150.995
MHz, north of Line A.

3\. Under the County's license for Station WPKQ914, the County
Department of Emergency Management (Department) is authorized to operate
Station WPKQ914 in the County, on frequencies 153.920 MHz, 154.265 MHz,
and 154.235 MHz north of Line A. By letter dated October 9, 2000, the
Department requested an STA to operate Station WPKQ914 on frequency
150.995 MHz at four sites, pending certification of its application to
modify the license to add the frequency by its frequency coordinator,
the International Municipal Signal Association.[^7] The Department,
which provides dispatch and radio communications services in support of
public safety entities within the County, stated, "The frequency is
required in order to resolve interference between a Fire paging
transmitter and a Fire repeater in support of ground operations."[^8]
The Department also stated that the frequency change "must be made
before winter weather limits access to the sites."[^9]

4\. On October 26, 2000, the Branch denied the Department's STA request,
because the requirement to obtain Canadian coordination had not been
satisfied.[^10] Additionally, the Branch said, the Commission had not
received the County's license modification application and the request
for an additional frequency required coordination.[^11] The Branch noted
that once the County's modification application was received by the
Commission and cleared by Canada, the County could request an STA
pending issuance of the license.[^12]

5\. By letter dated November 10, 2000, the County requested
reconsideration of the Branch's action.[^13] The County said the STA
request had been refused "because the sites were above line A and are
deemed to have the potential to cause interference with stations in
Canada."[^14] The County enclosed an engineering review of the STA
request, saying it believes "no interference will occur."[^15]

6\. *Discussion*. Based on our review of the record, we find that the
Branch's action in this matter was correct. The County requests special
temporary authority to operate Station WPKQ914 on terms other than those
specified in its current license, specifically. Specifically the
Department seeks to operate on an additional frequency. Although the
requested frequency is subject to Canadian coordination, no license
modification application for the requested frequency has been filed with
the Commission.

7\. As an initial matter, we note that the Commission is bound by
international agreement to coordinate with the Canadian government
regarding stations proposing to use certain frequencies north of Line A.
Under the U.S./Canadian Above 30 MHz Agreement, before the Commission
takes final action on any application for the new use of frequency
150.995 MHz north of Line A, the Commission must refer the proposed
assignment to the Canadian authorities for coordination.[^16] We do not
refer a proposed assignment until after receipt of the requesting
party's application.[^17] Here, no modification application has been
filed with the Commission. Therefore, the Branch could not grant the
County's STA request in light of the Commission's bilateral treaty
obligations.[^18] Accordingly, we deny the petition for reconsideration.

8.  *Conclusion*. For the reasons set forth above, we find no basis for
    reversing the Branch's

decision. The Branch's action is warranted based on the facts presented,
and is consistent with Commission precedent, and our bilateral treaty
obligations. We therefore deny the County's reconsideration petition.

9\. *Ordering Clauses*. Accordingly, IT IS ORDERED that, pursuant to
Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47
U.S.C. §§ 154(i), 405, and Section 1.106 of the Commission\'s Rules, 47
C.F.R. § 1.106, the Petition for Reconsideration filed by the Pend
Oreille County, Washington on November 10, 2000 IS DENIED.

10\. 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]: Letter from Tom Manley, Adcomm Engineering Co., on behalf of Pend
    Oreille County, Washington to Magalie R. Salas, Secretary, Federal
    Communications Commission (Nov. 10, 2000) (Petition).

[^2]: Letter from Annette Ritchie, Industry Analyst, Licensing and
    Technical Analysis Branch, Public Safety and Private Wireless
    Division to JoAnn Boggs, Pend Oreille County, Department of
    Emergency Management (dated Oct. 26, 2000) (Denial Letter).

[^3]: Letter from JoAnn Boggs, Director, Pend Oreille County, Department
    of Emergency Management, to FCC, Gettysburg, Pennsylvania (dated
    Oct. 9, 2000) (STA Request).

[^4]: ^?^ Line A refers to an imaginary line within the United States
    approximately paralleling the United States-Canada border and is the
    southern boundary of the established U.S./Canadian coordination
    zone. For a definition of Line A, *see* 47 C.F.R. §§ 1.928(e)(5),
    90.7.

[^5]: *See* 47 C.F.R. § 1.928.

[^6]: *See* Coordination and Use of Radio Frequencies Above 30
    Megacycles Per Second, Agreement Between the United States and
    Canada Revising the Technical Annex to the Agreement of October 24,
    1962, June 24, 1965, T.I.A.S. No. 5833, at Arrangement A, 1(a)-4(a)
    (U.S./Canadian Above 30 MHz Agreement); 47 C.F.R. § 1.928(a).

[^7]: STA Request at 1-5.

[^8]: ^?^ *Id.* at 1-2, 5.

[^9]: *Id.* at 1.

[^10]: Denial Letter at 1.

[^11]: *Id*.

[^12]: *Id*.

[^13]: Petition at 1.

[^14]: ^?^ *Id*. at 2

[^15]: ^?^ *Id*.

[^16]: *See* U.S./Canadian Above 30 MHz Agreement, at Arrangement A,
    4(a). *See also* Revision of Part 22 and Part 90 of the Commission's
    Rules to Facilitate Future Development of Paging Systems, and
    Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding, *Memorandum Opinion and Order on
    Reconsideration and Third Report and Order*, WT Docket No. 96-18, PR
    Docket No. 93-253, 14 FCC Rcd 10030, 10068 ¶¶ 58-60 (1999).

[^17]: *See* U.S./Canadian Above 30 MHz Agreement at Arrangement A,
    4(a); *Paging Systems Order*, 14 FCC Rcd at 10068 ¶¶ 58-60.

[^18]: ^?^ We also note that there are alternatives other than the one
    requested by the County that could enable the Department to operate
    on frequency 150.995 MHz north of Line A. Since the U.S./Canadian
    Above 30 MHz Agreement does not require coordination for operations
    using power of five watts or less ERP, the Department may operate
    Station WPKQ914 on frequency 150.995 MHz if the Department reduces
    the station\'s power to five watts or less ERP. *See* Jan David
    Jubon, P.E., *Order on Reconsideration*, DA 01-11, ¶ 7 (PWPSD rel.
    Jan. 4, 2001). Although Canadian coordination is not required for
    such operations, they would be secondary to any coordinated Canadian
    operations. *See* *id*. Furthermore, if the County wishes to pursue
    this alternative, the County is required to submit an application
    for license modification to reflect this limitation on its power. If
    this option does not meet the Department's needs, the County may
    file a license modification application to operate Station WKPQ914
    on frequency 150.995 MHz with the desired ERP, which the Branch
    would submit to Canada for coordination. We would be able to grant
    such license only if we received Canadian concurrence to the
    Department\'s proposed operations. Furthermore, after Canadian
    concurrence has been obtained, the County may request an STA to
    operate on frequency 150.995 MHz to resolve interference affecting
    its ground operations and pending further processing of the
    modification application. *See* 47 C.F.R. § 1.931(b).