Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * |                              |
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| D & I ELECTRONICS, INC.          | ) |                              |
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| Licensee of Industrial/Business  | * |                              |
| Pool                             |   |                              |
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| Station WPGQ917, Will County,    | * |                              |
| Illinois, and Station WPRU305,   | ) |                              |
| Cook County, Illinois            | * |                              |
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**ORDER**

**Adopted: August 8, 2001 Released: August 13, 2001**

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

# INTRODUCTION

1.  On November 13, 2000, D & I Electronics, Inc. (D&I) filed a petition
    for reconsideration[^1] of the October 13, 2000, determination by
    the Chief, Licensing and Technical Analysis Branch (Branch) that
    D&I's operations on 465.9875 MHz, in the Will County, Illinois area,
    are secondary to the operations of the Village of Lemont Emergency
    Management Agency (Lemont) on 465.975 MHz.[^2] D&I alleges in its
    Petition that it is licensed, under Call Sign WPGQ917, to operate on
    a primary basis on 465.9875 MHz [^3] For the reasons discussed
    below, we deny D&I's Petition.

2.  On January 31, 2001, the Branch granted D&I a license, under Call
    Sign WPRU305, to operate a fixed station (FXO) on frequency 465.9875
    MHz at a specific site located in Lemont, Illinois. Lemont filed a
    petition for reconsideration of this action on February 26,
    2001.[^4] For the reasons set forth below, we dismiss Lemont's
    Petition.

# BACKGROUND

3.  On November 3, 1994, the Commission granted Lemont authority, under
    Call Sign WPFS667, to conduct emergency management operations on a
    frequency pair[^5] that was allocated to the Business Radio Service
    and reserved for persons rendering a central station commercial
    protection service.[^6] In this connection, the Commission's records
    reflect that Lemont received a waiver of Section 90.17(b) of the
    Commission's Rules[^7] "to permit \[Lemont\] to license central
    station alarm frequency pair 460/465.975 MHz in the PL \[former
    Local Government Radio\] service for operation of a mobile
    relay."[^8] Under this license, Lemont operates a mobile relay that
    receives mobile and dispatch signals on 465.975 MHz and retransmits
    these signals at a higher power on 460.975 MHz, which Lemont's
    mobiles and control station receive.

4.  In 1995, the Commission granted D&I authority, under Call Sign
    WPGQ917, to operate on 465.9875 MHz within a geographic area that
    includes some or all of the Village of Lemont.[^9] D&I is a central
    station alarm company[^10] and Call Sign WPGQ917 authorizes it to
    operate 3600 low-power transmitters, which are used to send alarm
    signals from customer premises to centrally located alarm monitoring
    facilities.[^11] There is 12.5 kHz adjacent channel separation
    between D&I's frequency assignment (465.9875 MHz) and the frequency
    on which Lemont's mobile relay "listens" for mobile and dispatch
    signals (465.9750 MHz). Originally, D&I's authorized bandwidth was
    16 kHz; however, it subsequently requested and received a modified
    license indicating an authorized bandwidth of 7.2 kHz.[^12]

5.  By letter dated June 28, 1999, the Association of Public-Safety
    Communications Officials International, Inc. (APCO) requested that
    the Commission investigate an interference problem between Lemont's
    Station WPFS667 and D&I's Station WPGQ917.[^13] APCO stated in its
    June 28, 1999, letter that the interference sounded like data bursts
    from D&I's Station WPGQ917 bleeding over into the input of Lemont's
    adjacent Station WPFS667.[^14] Additionally, APCO stated that "D&I
    Electronics was issued frequency 465.9875 MHz per FCC Rule 90.267,
    which is on a secondary basis to primary users. D&I Electronics has
    been notified by APCO that they are responsible for correcting the
    interference, however, nothing has been done to resolve the
    problem."[^15] Subsequently, on July 5, 2000, the Commission
    received a letter from Lemont, complaining that its Station WPFS667
    was receiving interference from D&I's Station WPGQ917.[^16] In this
    connection, Lemont requested a Commission determination as to
    whether its Station WPFS667 was co-primary or primary/secondary to
    D&I's Station WPGQ917.[^17]

6.  *The Branch Letter*. On October 13, 2000, the Branch determined that
    D&I's operations on Station WPGQ917 are secondary to Lemont's
    operations on Station WPFS667.[^18] Specifically, the Branch noted
    that D&I had "not fully complied with Section 90.267(b) of the
    Commission's Rules to obtain primary status and protection from
    co-channel licensees."[^19] Section 90.267(b) provides that
    licensees operating with a bandwidth wider than 11.25 kHz, as of
    August 5, 1999, on certain frequencies including those on which D&I
    operates, may obtain primary status with respect to co-channel
    licensees by supplying their coordinates to the Commission.[^20] In
    this connection, the Branch noted that D&I's application to modify
    Station WPGQ917 to a bandwidth of 7.2 kHz, which was filed and
    granted after August 5, 1999, did not supply coordinates. Therefore,
    the Branch found that D&I had not obtained primary status to
    co-channel users and that it was still considered secondary to
    adjacent channel users.[^21] Accordingly, the Branch Letter required
    D&I to notify the Commission within thirty days that any
    interference caused by its station's operations had ceased.[^22]

7.  *The Petition*. On November 13, 2000, D&I filed the instant petition
    for reconsideration of the Branch's determination that D&I's Station
    WPGQ917 is secondary to Lemont's Station WPFS667.[^23] D&I contends
    that its Station WPGQ917 was co-primary with Lemont's station even
    though D&I did not supply coordinates to the Commission pursuant to
    Section 90.267(b) of the Commission's Rules.[^24] D&I explains that
    it uses Station WPGQ917 to provide fire and burglary protection to
    its customers and that requiring disclosure of the coordinates for
    its customers' alarm systems could provide burglars with a list of
    attractive properties, thereby jeopardizing citizen safety.[^25] In
    this connection, D&I avers that the Commission has recognized that
    for certain types of low power operations, it is neither feasible
    nor desirable for a licensee to furnish coordinates for all
    transmitters in the system.[^26] Thus, D&I contends that the Branch
    erred in finding it secondary because it did not supply coordinates
    for every site. Moreover, the just described concerns apparently
    notwithstanding, the Petition goes on to describe an application
    that D&I filed, subsequent to the Branch Letter, that supplied the
    coordinates for several low-power, operational fixed sites in and
    around Lemont. These sites include the site that Lemont identified
    as the likely source of interference, which D&I previously operated
    under the authority of Call Sign WPGQ917.[^27]

8.  D&I further contends that the Branch erred, in finding D&I secondary
    to Lemont, because Section 90.267(b) of the Commission's Rules is
    inapplicable to determining the primary or secondary status of
    Station WPGQ917. In this connection, D&I avers that this rule
    provision allows eligible wideband operations, *i.e.*, operations
    with bandwidth wider than 11.25 kHz, to be grandfathered on channels
    that the Commission designated for narrowband operations, *i.e.*,
    those with bandwidth of 11.25 kHz or less, for licenses first issued
    after August 5, 1999. These grandfathering provisions are
    inapplicable, according to D&I, because Station WPGQ917 operates
    narrowband (7.2 kHz bandwidth).[^28] In this connection, D&I asserts
    that its view is supported by Commission statements that low power
    operations can achieve primary status on a low power pool channel by
    narrowbanding their operations and that low power stations are only
    secondary to adjacent channel operations if wideband equipment is
    used.[^29]

9.  D&I further argues that any interference experienced by Lemont is
    due to Lemont "using antiquated broadband equipment on a channel
    which is now subject to narrowbanding under the Commission's
    Refarming Rules."[^30] D&I also argues that its operations are
    co-primary with Lemont's operations, therefore "\[w\]hen
    interference occurs under these circumstances, the Commission has
    indicated that the wide-band licensee must install narrowband
    equipment, or suffer the consequences of interference."[^31]
    Moreover, D&I notes that Lemont is operating on a channel reserved
    for central station alarm operations.[^32]

# DISCUSSION

## D&I Petition

10. As an initial matter, we note that D&I failed to address the
    Branch's request for notification that any interference from its
    station had ceased.[^33] The filing of the Petition did not stay the
    effectiveness of the Branch Letter and we note that D&I did not file
    a motion for stay.[^34] Moreover, the general denials contained in
    the Petition notwithstanding, we note with concern the allegations
    made by the Village of Lemont that D&I Electronics, Inc. is causing
    harmful interference to its emergency communications system.
    Accordingly, we are referring this matter to the Commission's
    Enforcement Bureau for such further action as it deems appropriate.

11. Turning to the Petition, we agree with the Branch's determination
    that D&I's operations on 465.9875 MHz are secondary to Lemont's
    operations on 465.975 MHz. However, we set aside the discussion in
    the second paragraph of the Branch Letter concerning Section
    90.267(b), which is harmless error. We agree with D&I that the
    primary or secondary status of Station WPGQ917, as to Lemont's
    Station WPFS667, is not dependent on whether D&I supplied
    coordinates to the Commission for its customer sites under Section
    90.267(b). Section 90.267(b) is a grandfathering provision that
    gives eligible wideband operations, that were licensed as of August
    5, 1999, co-primary status with co-channel narrowband operations
    licensed thereafter. By comparison, D&I's Station WPGQ917 is a
    narrowband operation. Moreover, we note that Section 90.267(b)
    confers co-primary status among co-channel licensees, whereas D&I
    and Lemont are licensed on adjacent channels. We otherwise affirm
    the Branch Letter as set forth below.

12. In the *Refarming R&O*, the Commission stated, as a general matter,
    that as systems reach the end of their useful lives and new radios
    are bought, users will have a natural inducement, without a
    Government mandate, to use the narrower bandwidth \[radios\] in
    order to avoid excessive adjacent channel interference.[^35] D&I
    reads this to mean that Lemont, as the wideband licensee, either
    must install narrowband equipment or suffer the consequences of
    interference from D&I's adjacent channel narrowband operation. We
    disagree.[^36]

13. Call Sign WPGQ917 authorizes D&I to operate on the frequency
    465.9875 MHz, which Section 90.35(b) of the Commission's Rules
    identifies as an Industrial/Business Pool frequency governed by
    limitations set forth in Sections 90.35(c)(30),(64) and (66).[^37]
    "Limitation 64," *i.e.,* 47 C.F.R. § 90.35(c)(64), states that
    persons who render a central station commercial protection service
    are authorized to operate fixed stations on a secondary,
    noninterference basis to base-to-base/mobile operations.[^38] This
    limitation is unqualified: fixed operations are secondary to
    base/mobile operations whether co-channel, adjacent channel.[^39]
    Thus, D&I's fixed operations on Station WPGQ917 are secondary to the
    base/mobile operations of Lemont's Station WPFS667. In this
    connection, we agree with D&I's contention that it should not be
    required to provide geographical coordinates for all of its
    customer's alarm systems. In the *Refarming Fifth MO&O,* the
    Commission disclaimed any intention of requiring low power licensees
    to provide geographical coordinates for all fixed transmitters in a
    system[^40] and noted that the rules exempted central alarm station
    applicants from supplying the geographical coordinates of all
    transmitters in a system. Instead, the Commission noted, such
    stations could "be licensed on an area basis whereby a licensee need
    only specify the coordinates of the center of an operating area and
    a radius extending from that center that defines a circle
    corresponding to the licensee's operating area."[^41]

14. We also acknowledge D&I's point that Lemont is operating on a
    frequency pair that is reserved, under the Commission's Rules, for
    licensing to central station alarm eligibles. In this connection,
    the Commission recently observed that "central station alarm
    frequencies are inherently 'primary' relative to other services
    because they are limited to alarm-related use by Sections
    90.35(c)(63), 90.35(c)(64), and 90.35(c)(66) . . . . "[^42] However,
    the instant matter is, by definition, an exception to the general
    rules because Lemont is authorized to operate on a central alarm
    frequency pair pursuant to the Waiver. Specifically, under the
    Waiver, Lemont is licensed on 460/465.975 in the former Local
    Government Radio Service, which is now part of the Public Safety
    Pool. Accordingly, although the rules reserve the subject frequency
    pair for central station alarm operations, Lemont's duly authorized
    mobile relay station is entitled to the same protection from
    secondary fixed operations that all base-to-base/mobile operations
    are provided under Section 90.35(c)(64).[^43]

## Lemont Petition

15. As noted above, on January 31, 2001, the Branch granted D&I a
    license under Call Sign WPRU305, which authorizes D&I to operate an
    operational fixed (FXO) station on frequency 465.9875 MHz at the
    Lemont Oakwood School in Lemont, Illinois.[^44] The Commission's
    licensing records reflect that Station WPRU305 is located
    approximately 4.2 km (2.6 mi) from the site of Lemont's mobile relay
    for Station WPFS667. On February 26, 2001, Lemont filed a petition
    for reconsideration against this grant. However, the record reflects
    that Lemont failed to serve its Petition on D&I as required under
    Section 1.106(f) of the Commission's Rules.[^45] Accordingly, we
    find the Lemont Petition to be procedurally defective and we dismiss
    it.[^46] Moreover, had the Lemont Petition not been defective on
    this basis, we would have dismissed it in part as moot relative to
    D&I in light of our action on D&I's Petition.

# Conclusion

16. Based upon the foregoing, we affirm the Branch's October 13, 2000,
    determination that D&I's Station WPGQ917 is secondary to Lemont's
    Station WPFS667. Additionally, we dismiss the Lemont Petition as
    procedurally defective. Nonetheless, we are referring this matter to
    the Commission's Enforcement Bureau for such further action as that
    Bureau deems appropriate in view of D&I's failure to address the
    Branch's directive,[^47] and Lemont's subsequent allegation that D&I
    continues to cause harmful interference to Lemont's emergency
    communications system.

# ORDERING CLAUSES

17. Accordingly, IT IS ORDERED 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, that
    the petition for reconsideration filed on November 13, 2000, on
    behalf of D&I Electronics, Inc. IS DENIED.

18. IT IS FURTHER ORDERED 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(f) of the Commission's Rules, 47 C.F.R. §
    1.106(f), that the petition for reconsideration filed on February
    26, 2001, on behalf of the Village of Lemont Emergency Management
    Agency IS DISMISSED.

19. 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]: Petition for Reconsideration filed by D & I Electronics, Inc. on
    November 13, 2000 (Petition).

[^2]: *See* Letter from Mary M. Shultz, Chief, Licensing and Technical
    Analysis Branch, Public Safety and Private Wireless Division,
    Wireless Telecommunications Bureau, Federal Communications
    Commission to D & I Communications (dated Oct. 13, 2000) (Branch
    Letter).

[^3]: Petition at 1.

[^4]: Letter from Larry Wall, Deputy Coordinator, Lemont Emergency
    Management, to Secretary, FCC, filed Feb. 26, 2001) (Lemont
    Petition).

[^5]: The authorization for Station WPFS667 permits Lemont to operate on
    460/465.9750 MHz, in the Lemont, Illinois area, with a bandwidth of
    20 kHz.

[^6]: *See* 47 C.F.R. § 90.75(28) (1994). The frequency pair is
    currently allocated to the Industrial/Business Pool and reserved for
    assignment to persons rendering a central station commercial
    protection service. *See* 47 C.F.R. § 90.35(c)(66). A central
    station commercial protection service is an electrical protection
    and supervisory service rendered to the public from and by a central
    station accepted and certified by one or more of the recognized
    rating agencies, or the Underwriters Laboratories, or Factory Mutual
    System. *See* 47 C.F.R. § 90.35(c)(63).

[^7]: 47 C.F.R. § 90.17(b) (1994). This rule contained a table
    indicating the frequencies that were available for assignment to
    stations in the Local Government Radio Service.

[^8]: *See* Village of Lemont, *Bureau Chief Waiver of Commission's
    Rules*, FCC Form PR7, dated October 26, 1994 (Waiver). The Waiver
    noted that Central Station Alarm Association, the Commission's
    certified frequency coordinator for Business Radio Service
    frequencies reserved for central station alarm operation, concurred
    with Lemont's proposal. Additionally, it noted that granting the
    waiver request was "consistent with numerous precedent waivers."
    *Id.*

[^9]: D&I is authorized, under Call Sign WPGQ917, to operate within a
    121-kilometer radius around a center point located in Will County,
    Illinois. Lemont is within Cook County, Illinois, which is adjacent
    to Will County.

[^10]: "Applicant is a UL-listed central station providing central
    station commercial protection service to the public." *See, e.g.,* D
    & I Electronics, Inc., FCC Form 601-Schedule H (File No. 0298854).

[^11]: *See, e.g.*, 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 Assignment
    Policies of the Private Land Mobile Services, PR Docket No. 92-235,
    Alarm Industry Communications Committee of the Central Station Alarm
    Association, Further Petition for Clarification and/or
    Reconsideration, 2, filed on March 7, 2001. Radio-based systems are
    used where preferable to telephone lines or where insurance
    underwriters require businesses to use two methods of sending an
    alarm signal for an added measure of security. *Id.*

[^12]: The Branch granted D&I's modification application on June 8,
    2000; thereafter, Call Sign WPGQ917 authorizes D&I to operate under
    emission designator 7K20F2D.

[^13]: *See* Letter from Chris Phelps, APCO International, to W. Riley
    Hollingsworth, Federal Communications Commission (dated June 28,
    1999) (APCO Letter). APCO is a Commission-certified frequency
    coordinator for Public Safety Pool frequencies.

[^14]: *Id.* at 1.

[^15]: *Id*.

[^16]: *See* Letter from Larry Wall, Deputy Coordinator, Lemont
    Emergency Management, Village of Lemont, to the Federal
    Communications Commission (undated letter received July 5, 2000).

[^17]: *Id*.

[^18]: *See* Branch Letter at 1.

[^19]: *Id*.

[^20]: *See* 47 C.F.R. § 90.267(b).

[^21]: *See* Branch Letter at 1.

[^22]: *Id*.

[^23]: Petition at 1-7.

[^24]: *Id.* at 1, 5.

[^25]: Petition at 2-4 (citing 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
    Assignment Policies of the Private Land Mobile Services, PR Docket
    No. 92-235, *Memorandum Opinion and Order*, 11 FCC Rcd 16676, 17706
    ¶ 69 (1996); Letter from D'wana R. Terry, Chief, Public Safety and
    Private Wireless Division, Wireless Telecommunications Bureau, FCC,
    to Mitchell Lazarus, counsel to Hexagram, Inc. (dated June 26, 2000)
    (*Hexagram Letter*)).

[^26]: Petition at 2.

[^27]: *Id.* at 4.

[^28]: *Id.* at 2, 4.

[^29]: *Id.* at 3 (quoting Freeze on the Filing of High Power
    Applications for 12.5 kHz Offset Channels in the 450-460 MHz Band to
    be Lifted January 29, 2001, *Public Notice*, 15 FCC Rcd 9996
    (2000)).

[^30]: Petition at 2.

[^31]: Petition at 4 (citing 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
    Assignment Policies of the Private Land Mobile Services, PR Docket
    No. 92-235*, Report and Order and Further Notice of Proposed Rule
    Making*, 10 FCC Rcd 10076, 10100 ¶ 40 (1995) (*Refarming R&O*)).

[^32]: Petition at 3 (the Old Quarry Middle School site).

[^33]: *See* Branch Letter at 1.

[^34]: *See* 47 C.F.R. § 1.106(n).

[^35]: *Refarming R&O*, 10 FCC Rcd at 10100 ¶ 40.

[^36]: *See id.* at 10100 n.91 (stating that equipment that is
    type-accepted prior to each of the transition dates set out in the
    *Refarming* *R&O* may continue to be manufactured and used
    indefinitely). Although the Commission created a natural inducement
    for users to migrate to narrowband equipment, the Commission also
    spoke of a "natural transition," to narrowband by wideband equipment
    users. *Id.* at 10100 ¶ 40.

[^37]: *See* the Industrial/Business Pool Frequency Table located at 47
    C.F.R. § 90.35(b)(iii), at frequency 465.9875 MHz. *See also* 47
    C.F.R. §§ 90.35(c)(30), (64), (66).

[^38]: 47 C.F.R. .§ 90.35(c)(64).

[^39]: *See* *id*.

[^40]: 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 Assignment Policies of the
    Private Land Mobile Services, PR Docket No. 92-235, *Fifth
    Memorandum Opinion and Order*, 16 FCC Rcd 416, 421 ¶ 13 (2000)
    (*Refarming Fifth MO&O*).

[^41]: *Id*. *See also* *Hexagram Letter* (confirmed that area-wide type
    of licensing sought by Hexagram was still permitted, even after the
    Commission's *Refarming* Proceeding, for low power automatic meter
    reading systems).

[^42]: 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 Assignment Policies of the
    Private Land Mobile Services, PR Docket No. 92-235, *Sixth
    Memorandum Opinion and Order*, FCC 01-174, ¶ 6 (rel. May 25, 2001)
    (*Refarming Sixth MO&O*).

[^43]: Although D&I is licensed for mobile operations under Station
    WPGQ917, the operations that interfere with Lemont are fixed, and
    these fixed operations are governed by 47 C.F.R. §§ 90.35(c)(64) and
    90.267(b).

[^44]: *See* FCC Application File No. 298854 (filed Nov. 21, 2000, and
    granted Jan. 30, 2001).

[^45]: 47 C.F.R. § 1.106(f) (petition for reconsideration shall be
    served upon parties to the proceeding).

[^46]: The Lemont Petition also seeks reconsideration of a grant issued
    under Call Sign WPRV224. The Commission's records reflect that on
    February 9, 2001, the Branch granted Alarm Detection Systems, Inc.
    (Alarm) a license to operate an operational fixed (FXO) station,
    under Call Sign WPRV224, on frequency 465.9875 MHz at a site
    proximate to Lemont's Station WPFS667. *See* FCC Application File
    No. 314468 (filed Dec. 21, 2000, and granted Feb. 9, 2001). However,
    the record before us reflects that Lemont failed to serve the
    Petition on Alarm and thus the Petition is defective. Moreover,
    Lemont does not allege, and the record does not reflect, any
    affiliation between D&I and Alarm; thus it appears that Alarm is not
    a party to the instant proceeding.

[^47]: *See* para. 10, *supra*; Branch Letter at 1 (required D&I to
    notify the Commission within thirty days that any interference from
    its station had ceased).