Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | File No. D069976             |
|                                  | * |                              |
| GRECO COUSINS CONCRETE CORP      | ) |                              |
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| For Authorization to Operate a   | * |                              |
| Private Land                     |   |                              |
|                                  | * |                              |
| Mobile Radio Station in the      | * |                              |
| Industrial Radio                 | ) |                              |
|                                  | * |                              |
| Service                          | * |                              |
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| And License of                   | * |                              |
|                                  | * |                              |
| BERGEN COUNTY POLICE DEPARTMENT  | ) |                              |
|                                  | * |                              |
| To Operate Frequency Pair        | * |                              |
| 477/480.5125 MHz                 |   |                              |
|                                  | * |                              |
| Under Call Sign WPLR685.         | * |                              |
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+----------------------------------+---+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: May 30, 2001 Released: May 31, 2001**

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

# INtroduction

1.  We have before us a Petition for Reconsideration (Petition) filed by
    the Department of Public Safety of the County of Bergen, New Jersey
    (Bergen County) on June 16, 2000.[^1] Bergen County seeks
    reconsideration of the *Order on Reconsideration and Order of
    Modification* (*Modification Order*) released by the Public Safety
    and Private Wireless Division (Division) on May 18, 2000.[^2] We
    also have before us Bergen County's July 27, 2000 protest of the
    *Modification Order*.[^3] In the *Modification Order*, the Division
    decided, first, to reinstate to pending status Greco Cousins
    Concrete Corporation's (Greco) application for authorization of a
    new station in the Industrial Radio Service for use on frequency
    pair 477/480.5125 MHz. Second, the Division decided to institute a
    proceeding looking to modify Bergen County's license to operate
    Station WPRL685 by removing frequency pair 477/480.5125 MHz. For the
    reasons set forth below, we grant Bergen County's Petition and
    Protest, decline to modify Bergen County's license, and dismiss
    Greco's application.

# background

## The New York Metropolitan Advisory Committee Strategic Plan

2.  Bergen County and the New York City Police Department (NYPD) are
    members of the New York Metropolitan Advisory Committee (NYMAC), a
    committee formed by the public safety agencies in the New York
    metropolitan area to enhance the effectiveness and efficiency of all
    public safety communications.[^4] On March 17, 1995, in response to
    then-stated public safety communication needs, the Commission
    assigned Television Channel 16 frequencies (namely, 482-488 MHz) to
    NYMAC.[^5] Although these frequencies were assigned to NYMAC, the TV
    Channel 16 frequencies are limited by their technical parameters on
    the west side of the Hudson River.[^6] Bergen County and the NYPD
    agreed, therefore, that NYPD would swap four of its existing UHF
    channels for the four new channels received as part of the TV
    Channel 16 authorization.[^7] NYPD, however, could not swap its
    existing channels because of its own communications needs[^8] and
    retained a consulting engineering firm to explore the possibility of
    obtaining other frequencies that could be assigned to Bergen
    County.[^9]

## CIBRO-NYPD Assignment and Modification/NYPD-Bergen County Assignment

3.  NYPD found a suitable frequency pair, 477/480.5125 MHz, on which
    Station WIL489 operated. The license for station WIL489 was held by
    CIBRO-Petroleum, Inc. (CIBRO), a Special Industrial (SI) Licensee,
    which later assigned its authorization to NYPD in 1996. The
    CIBRO-NYPD assignment was assisted by Mr. Russ Taylor an attorney
    with Gardner, Carton & Douglas (GCD).[^10] Mr. Taylor declares under
    penalty of perjury, that:

    Prior to submitting the NYPD application to APCO \[Association of
    Public Safety Communications Officials, an FCC-certified frequency
    coordinator for the Public Safety Radio Pool\], I contacted Barbara
    Edmonds of ITA \[Industrial Telecommunications Association, Inc.
    (ITA), a FCC-certified frequency coordinator for the
    Industrial/Business Radio Pool\] and sought ITA\'s guidance
    regarding the coordination requirements applicable to the Frequency.
    I explained to Ms. Edmonds my understanding that the Frequency was
    not completely a 'Special Industrial' channel and that the Frequency
    was also in the 'General Access Pool' and could be coordinated by
    APCO. I explained that, because channel availability in the General
    Access Pool depended on whether the Frequency would 'subsequently
    become unassigned' and because the Special Industrial licensee,
    CIBRO, was conveying its authorization to the NYPD, the Frequency
    became 'unassigned" to Special Industrial entities and was available
    in the General Access Pool. ITA agreed with me that under this
    scenario, it was proper for APCO to coordinate the application,
    provided that I served ITA with a copy of the application.[^11]

4.  On November 6, 1996, Mr. Taylor sent a letter to Rachel Mortimer of
    APCO, asking her to coordinate the NYPD application for assignment
    and modification. In that letter he stated "\[w\]hile this
    application proposes to use the UHF General Access Pool channels by
    assignment from two Special Industrial Radio Service licensees,[^12]
    Barbara Edmonds of the Industrial Telecommunications Association
    indicated that APCO coordination is permissible provided that ITA
    receives a copy of the application."[^13] Mr. Taylor further stated
    that he sent to Rachel Mortimer, by overnight courier, a check[^14]
    for \$155.00, payable to ITA[^15] for its coordination
    services.[^16]

5.  On November 13, 1996, S. Klein of S & S Excavating Company sent a
    letter to Barbara Edmonds of ITA stating that "\[i\]t has been
    brought to our attention that the New York City Police Department .
    . . has submitted an application to APCO for use of this frequency
    (477.5125/480.5125 MHz) . . . . Since we have no objection to the
    NYPD application, it is therefore our intention to remove our
    application from processing when ITA concurs with APCO's request to
    coordinate the NYPD."[^17]

6.  On February 7, 1997, APCO filed with the FCC an application seeking
    consent to an assignment of the license for Station WIL489 from
    CIBRO to NYPD and authorization for a modification of the license
    for Station WIL489 by relocating the base station and increasing the
    number of authorized units on frequency pair 477/480.5125 MHz from
    fifty-four to 200 units.[^18] On March 5, 1997, the Licensing and
    Technical Analysis Branch of the Public Safety and Private Wireless
    Division (Branch) granted this application.[^19] On October 28,
    1997, as part of the NYMAC project, NYPD reached an agreement to
    assign the license for Station WIL489 to Bergen County.[^20] On
    December 8, 1997, seven months after it was granted the license,
    NYPD filed an application to assign Station WIL489 to Bergen County,
    who, in turn, filed a new application for frequency pair
    477/480.5125 MHz, which was licensed under Call Sign WPLR685.[^21]
    The Branch granted the assignment application and Bergen County's
    application on December 22, 1997.[^22]

7.  As mentioned above, the assignment of frequency pair 477/480.5125
    MHz from NYPD to Bergen County was part of a region-wide effort to
    improve public safety communications. Bergen County decided through
    another committee, a law enforcement communications committee,
    consisting of representatives from the County Prosecutor's Office
    and the County Police Department to use 477/480.5125 MHz for secure
    communications that had encryption capability.[^23] To accomplish
    this, in the late fall of 1999, Bergen County constructed a
    transitional analog mobile relay system for eventual conversion of
    477/480.5125 MHz to digital/encrypted technology.[^24] Bergen County
    has expended \$700,000 in local, federal, and seized/confiscated
    funds to support this conversion.[^25] Station WPLR685 is Bergen
    County's only digital encrypted radio system[^26] and frequency pair
    477/480.5125 MHz are the only frequencies authorized under Call Sign
    WPLR685.[^27]

## The Competing Greco Application

8.  On February 11, 1997, four days after APCO submitted NYPD's
    application to the Commission, ITA submitted a new application from
    Greco, a SI entity located in New York, to operate sixteen units on
    the same frequency pair, 477/480.5125 MHz.[^28] On March 6, 1998,
    over one year after it had submitted Greco's application to the
    Branch, and a year after the Branch had granted the CIBRO-NYPD
    assignment and modification, ITA requested a status update on
    Greco's pending application.[^29] On April 27, 1998, before the
    Branch responded, Bergen County requested dismissal of Greco's
    pending application and an order requiring Greco to stop operating
    on 477/480.5125 MHz.[^30] On May 6, 1998, the Branch returned
    Greco's application to ITA because Greco's proposed location sites
    were not within 48 km of Greco's associated base stations, in
    contravention of Section 90.305(b) of the Commission's Rules.[^31]
    The Branch further indicated that ITA should select another
    frequency for its applicant and amend the effective radiated power
    of the proposed station.[^32]

9.  On July 2, 1998, two months after the Branch had returned Greco's
    application, ITA resubmitted it without change.[^33] Further, ITA
    noted that it is "the exclusive frequency advisory committee" for
    coordinating SI frequencies, and contended that NYPD should have
    coordinated its request through ITA, not APCO, because the subject
    frequency had been licensed previously to CIBRO, an SI entity. ITA
    stated that "\[a\]lthough the New York City application was received
    by the Commission before the Greco application, the New York City
    application was improperly coordinated and therefore, should have
    been denied. The Greco application was the first properly
    coordinated application received by the Commission and should be
    granted."[^34] Furthermore, ITA stated that "\[a\]t no time did the
    City of New York either request or receive coordination from ITA for
    an increase in the number of mobile units to be licensed on
    frequency 477.5125 MHz."[^35]

10. Four months later, on November 16, 1998, ITA supplemented its July
    Letter, basically reiterating its position that ITA, and not APCO,
    was the appropriate coordinator of the CIBRO-NYPD assignment and
    concurrent modification. ITA stated "\[b\]ecause station WIL489 was
    licensed on 477.51250 MHz as a special industrial pool frequency,
    any request to modify the station to increase its mobile units had
    to be coordinated through the certified special industrial pool
    frequency coordinator - ITA . . . ." [^36] Again, ITA asserted that
    "\[t\]o date, no request for coordination of the modification
    application has been received or processed by ITA."[^37] ITA
    concluded that because the "modification application did not contain
    certification from the appropriate frequency coordinator" it was
    "defective on its face."[^38]

11. On February 1, 1999, the Branch rejected ITA's arguments and
    dismissed Greco's application.[^39] In response, on March 3, 1999,
    Greco filed a petition for reconsideration of the Branch's dismissal
    of its application and a request to initiate a proceeding to revoke
    Bergen County's license.[^40] Citing Sections 90.135(a) and
    90.175(e) of the Commission's Rules, Greco contended that APCO was
    required to "request concurrence from ITA prior to
    coordinating"[^41] NYPD's applications because "only ITA was
    authorized to coordinate a request to relocate the base stations and
    increase loading on a 470-512 MHz Industrial Pool frequency."[^42]
    Greco also contended that APCO was required to "notify ITA of their
    submission to the FCC."[^43] Thus, Greco concluded that APCO's
    alleged failure to coordinate with and notify ITA of NYPD's
    application rendered the NYPD application defective, and, thus,
    Greco argued, the Branch erred in granting NYPD's application.[^44]

## The *Modification Order*

12. On May 18, 2000, in response to Greco's petition for
    reconsideration, we released the *Modification Order*. In the
    *Modification Orde*r, we reinstated Greco's application to pending
    status and proposed to modify Bergen County's license to operate
    Station WPLR685 by removing frequency pair 477/480.5125 MHz.[^45] We
    based this decision on the coordination of the assignment and
    modification of the license for Station WIL489 from CIBRO to NYPD by
    APCO instead of ITA. In the *Modification Order*, we stated that
    "\[i\]n 1997, Sections 90.135(a) and 90.175 of the Commission's
    Rules required . . . \[NYPD\] to obtain a coordination statement
    from a certified frequency coordinator prior to submitting its
    assignment and modification application to the Commission." [^46] We
    noted that "'\[w\]hen frequencies are shared by more than one
    service,'" Section 90.175 of the Commission's Rules provided that,
    "'concurrence must be obtained from the other applicable certified
    frequency coordinators."'[^47] We further stated that "Section
    90.175(b) of the Commission's Rules required an applicant to obtain
    a "'statement from the applicable coordinator recommending specific
    frequencies that are available for assignment in accordance with the
    loading standards and mileage separations applicable to the specific
    radio service or category of user involved.'" We then "agreed with
    Greco that the applicable coordinator for both the assignment and
    modification request was ITA, the certified SI frequency
    coordinator, because the frequency pair subject to assignment was
    licensed to CIBRO, an SI licensee."[^48]

## Bergen County's Petition For Reconsideration and Protest

13. On June 16, 2000, Bergen County filed a Petition for Reconsideration
    of the *Modification Order.*[^49] Among other points,[^50] Bergen
    County maintains that the *Modification Order* is based on an
    incomplete and erroneous factual record.[^51] Specifically, Bergen
    County argues, the *Modification Order* is "based on the Division's
    conclusion that the original license application was not properly
    coordinated and thus \[was\] 'defective.'"[^52] But, Bergen County
    continued, the record of this proceeding, particularly APCO's
    *Motion to Vacate* the *Modification Order* demonstrates that APCO
    coordinated the CIBRO-NYPD assignment and concurrent modification
    "in accordance with the Commission regulations and provides evidence
    to this end."[^53] Thus, Bergen County concludes, NYPD assigned a
    valid license to Bergen County.

14. On July 27, 2000, Bergen County filed a Protest of the Bergen County
    Police Department to the Public Safety and Private Wireless
    Division's *Order* terminating its law enforcement frequencies.[^54]
    Bergen County protested the *Modification Order* for the following
    reasons. First, Bergen County argues that the modification of its
    license will have a devastating impact on law enforcement operations
    in Bergen County.[^55] Bergen County asserts that it spent \$800,000
    in reliance on the Commission's authorization in 1998 for a digital,
    encrypted radio system that it intends to use for surveillance
    activities.[^56] Second, Bergen County argues that the evidence
    indicates that the frequency coordination was proper.[^57] Bergen
    County asserts that both ITA and APCO coordinated the transfer
    application and were paid to do so.[^58] Even if the coordination
    actions of NYPD and APCO did not fully conform to the prevailing
    industry standards, Bergen County argues, it is improper to burden
    it with the equivalent of a revocation because there was no
    violation of the Commission rules.[^59] Third, Bergen County argues
    that the Division's approach conflicts with the principles of
    finality.[^60] Bergen County asserts that the Division had thirty
    days to set-aside the order approving the NYPD transfer and cannot
    correct an alleged procedural error under the guise of a
    modification to the license after the thirty-day period has
    expired.[^61] Bergen County argues that if processing errors are
    held against future licensees of frequencies and then invoked to
    modify or revoke a license, there will never be administrative
    finality to the Commission's licensing process.[^62] Fourth, Bergen
    County argues that the Division's procedures for resolving this
    dispute are fatally flawed because the Division's action is
    tantamount to a revocation under Section 312 of the Communications
    Act[^63] and not a modification.[^64] Therefore, Bergen County
    insists, it is entitled to a hearing.[^65] Fifth, Bergen County
    argues that Greco is not entitled to the license in any event
    because if the NYPD application was defective the license should
    revert to the transferor of the defective license not to a party
    that filed an application later.[^66] Thus, Bergen County asserts
    that Greco is unjustly enriched by the award of the license.[^67]

# discussion

15. While the parties have raised many issues and arguments,[^68] the
    dispositive issue in this case is whether APCO did in fact notify
    ITA of the assignment and concurrent modification of the CIBRO-NYPD
    application before ITA coordinated the Greco application, and
    whether ITA concurred in the coordination of that application. As we
    stated in the *Modification Order* "\[i\]n 1997, Section 90.175 of
    the Commission's Rules provided that "'\[w\]hen frequencies are
    shared by more than one service, concurrence must be obtained from
    the other applicable certified frequency coordinator.'"[^69] In the
    *Modification Order*, we tentatively concluded that the processing
    of the CIBRO-NYPD application was defective because "we accept\[ed\]
    Greco's assertion that APCO failed to notify ITA."[^70] Based on the
    information now before us, we conclude that ITA both was notified of
    and concurred in the handling of the CIBRO-NYPD assignment
    application.

16. Although we stated in the *Modification Order* that we accepted
    "Greco's assertions that APCO failed to notify ITA"[^71] and based
    on that assertion, determined that the CIBRO-NYPD application was
    defective,[^72] Greco maintains that the *Modification Order*
    "probably overstates the agency's reliance on Greco's
    statements."[^73] Greco maintains that it "has no personal knowledge
    of what ITA did or did not do in respect to coordinating the NYPD
    application."[^74] Greco maintains that "\[i\]t must rely, and has
    relied, entirely on ITA's statements to Greco and to the FCC"
    concerning what ITA did or did not know.[^75] Greco concludes that
    the Commission may have found "Greco's statements credible, but it
    undoubtedly relied primarily on ITA's own filings" which show that
    "ITA had not been asked to, and did not" coordinate the CIBRO-NYPD
    application.[^76]

17. ITA does not dispute the assertions that ITA was contacted about the
    CIBRO-NYPD application before it submitted the Greco application.
    Instead, ITA argues that it is irrelevant whether "ITA received
    courtesy copies of the applications"[^77] or whether "an APCO
    representative called ITA and informed them of the
    applications."[^78] "Mere phone calls and courtesy copies are
    *never* sufficient to satisfy notification requirements,"[^79] ITA
    argues. Moreover, regardless of whether APCO's statements are true,
    ITA asserts, "they are completely irrelevant to whether or not ITA,
    as the FCC-certified frequency advisory committee for the special
    industrial pool, *received and processed* the CIBRO/City of New York
    application prior to its receipt and processing of Greco's
    application."[^80] ITA emphatically states that "\[a\]t no time did
    ITA *receive and process* any application other than Greco's for
    frequency 477.51250 MHz."[^81] Thus, ITA concludes, the CIBRO-NYPD
    application was improperly coordinated and was defective, regardless
    of when it was filed, "thus rendering the Bergen County application
    defective."[^82]

18. Under those circumstances, we now conclude that the CIBRO-NYPD
    assignment application was properly coordinated. ITA does not
    dispute that Mr. Taylor contacted Barbara Edmonds of ITA before ITA
    coordinated the Greco application. The dispute centers on whether
    the telephone conversation between Mr. Taylor, together with the
    submission of the application to both APCO and ITA, satisfied the
    requirements of Sections 90.135 and 90.175 of the Commission's
    Rules. We now believe that those requirements were satisfied
    because, in the conversation between Mr. Taylor and Ms. Edmonds, Ms
    Edmonds consented to the coordination of CIBRO-NYPD application by
    APCO. Significantly, ITA never contradicted Mr. Taylor's declaration
    concerning his conversation with Ms. Edmonds. Mr. Taylor and APCO
    relied on the statement of Ms. Edmonds. Mr. Taylor submitted a copy
    of the application concurrently to APCO and ITA and he sent a check
    to ITA for its coordination services, although ITA denies receiving
    this check. Moreover, ITA was further put on notice that there was a
    prior application pending when S. Klein of S & S Excavating Company
    wrote to ITA on November 13, 1996, removing their application from
    processing "when ITA concurs with APCO's request to coordinate the
    NYPD."[^83] Because we believe that ITA had knowledge of and
    consented to APCO's coordination of the CIBRO-NYPD application,
    before it coordinated the Greco application, we believe that the
    requirements of Sections 90.135 and 90.175 of the Commission's Rules
    have been met. Accordingly, we therefore find no basis for modifying
    Bergen County's license. Since Greco's application was not submitted
    to the Commission until after the CIBRO-NYPD application was
    submitted, we also conclude that Greco's application must be
    dismissed.

# conclusion AND ordering clauses

19. For the reasons stated above, we conclude that the assignment and
    concurrent modification from CIBRO to NYPD was properly coordinated
    by APCO with the knowledge and consent of ITA and thus, CIBRO
    assigned a valid license to operate frequency pair 477/480.5125 MHz
    to NYPD; NYPD in turn, assigned a valid license to Bergen County.

20. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Sections 4(i), 316, and
    405 of the Communications Act of 1934, as amended, 47 U.S.C. §§
    154(i), 316, 405, and Sections 1.87 and 1.106 of the Commission's
    Rules, 47 C.F.R. §§ 1.87, 1.106, the petition for reconsideration
    filed by Bergen County on June 21, 2000, and the protest filed by
    Bergen County on July 27, 2000 ARE GRANTED.

21. IT IS FURTHER ORDERED THAT, pursuant to Section 316 of the
    Communications Act of 1934, as amended, 47 U.S.C. § 316, and Section
    1.87 of the Commission's Rules, 47 C.F.R. § 1.87, that Bergen
    County's license for Station WPLR685 SHALL NOT BE MODIFIED.

22. IT IS FURTHER ORDERED that pursuant to Sections 4(i) and 405 of the
    Communications Act of 1934, as amended, Greco Cousins Concrete
    Corporation's application under file number D069976 for
    authorization of a new station in the Industrial Radio Service for
    use on frequency pair 477/480.5125 MHz, filed on February 11, 1997,
    IS DISMISSED.

23. 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]: Department of Public Safety of the County of Bergen, New Jersey,
    Petition for Reconsideration (filed June 16, 2000) (Petition).

[^2]: In the Matter of Application of Greco Cousins Concrete Corp., *et
    al.*, *Order on Reconsideration And Order of Modification*, 15 FCC
    Rcd 10310 (WTB PSPWD 2000) (*Modification Order*).

[^3]: Protest of the Bergen County Police Department to the Public
    Safety and Private Wireless Division's Order Terminating its Law
    Enforcement Frequencies (filed July 27, 2000) (Protest). The time
    for Bergen County to file a protest was extended until July 27,
    2000. In the Matter of Application of Greco Cousins Concrete Corp.,
    *et al.*, *Order*, 15 FCC Rcd 10658 (WTB PSPWD 2000).

[^4]: Protest, Attachment A, Affidavit of Paul A. Einreinhofer at 3
    (filed July 27, 2000) (Einreinhofer Affidavit).

[^5]: *Id.*

[^6]: *Id.* The Commission authorized twelve public safety agencies in
    the New York metropolitan area (including the New York City Police
    Department) to use TV Channel 16 for a period of at least five years
    or until any television broadcast licensee in the New York City
    metropolitan area initiates use of TV Channel 16 for advanced
    television service (ATV), whichever is longer. *See* Waiver of Parts
    2 and 90 of the Commission's Rules to Permit New York Metropolitan
    Area Public Safety Agencies to Use Frequencies at 482-488 MHz on a
    Conditional Basis, *Order*, 10 FCC Rcd 4466 (1995).

[^7]: *Id.*

[^8]: *Id.* at 3-4.

[^9]: *Id*. at 4.

[^10]: Protest, Declaration of Russ Taylor at ¶ 3.

[^11]: *Id.* at ¶4.

[^12]: According to Bergen County, there were two Industrial Service
    licensees on Station WIL489, CIBRO and Ambassador Fuel & Oil Burner
    Company (Ambassador). CIBRO was operating 54 mobile units and one
    base unit and Ambassador was operating 16 mobile units and one base
    unit in the frequency pair 477/480.5125 MHz. Protest at 5-6.

[^13]: Protest, attachment, Letter from Russ Taylor, attorney, Gardner,
    Carton & Douglas, to Rachel Mortimer, APCO (November 6, 1996).

[^14]: A photocopy of this check (dated Nov. 14, 1996) was attached to
    the Declaration of Russ Taylor. The check stub contains the notation
    "NYPD application."

[^15]: ITA denies receiving this check. Letter from Laura L. Smith,
    Executive Director, Government Relations, ITA, to D'wana R. Terry,
    Public Safety and Private Wireless Division, Federal Communications
    Commission at 2 (August 9, 2000) (ITA August 9 Letter).

[^16]: Declaration of Russ Taylor at ¶ 3.

[^17]: Protest, attachment, Letter from S. Klein, S & S Excavating
    Company, to Barbara Edmonds, ITA (Nov. 13, 1996) (Letter from S & S
    Excavating).

[^18]: Application File No. 9702A003396 (filed Feb. 7, 1997) (NYPD
    Application).

[^19]: NYPD Application (granted March 5, 1997).

[^20]: Einreinhofer Affidavit at 4.

[^21]: Application File No. 9712A010992 (filed Dec. 8, 1997).

[^22]: Radio Station License for Call Sign WPLR685 (File No.
    9712A010992) (granted Dec. 22, 1997).

[^23]: Einreinhofer Affidavit at 5.

[^24]: *Id*. at 7.

[^25]: *Id*.

[^26]: *Id*. at 8.

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

[^28]: Application File No. D069976 (filed Feb. 11, 1997) (Greco
    Application).

[^29]: Letter from Richard F. Feser, ITA, to Michael Regiec, Licensing
    and Technical Analysis Branch, Federal Communications Commission
    (dated March 5, 1998, filed March 6, 1998).

[^30]: Letter from Paul A. Einreinhofer, Sergeant, Division of Emergency
    Management, Department of Public Safety, County of Bergen, to
    Michael Regiec, Licensing and Technical Analysis Branch, Federal
    Communications Commission (dated April 23, 1998, filed March 27,
    1998).

[^31]: Letter from the Licensing and Technical Analysis Branch, Federal
    Communications Commission, to ITA (May 6, 1998).

[^32]: *Id*.

[^33]: Letter from Andre F. Cote, Senior Vice President, ITA, to Michael
    Regiec, Chief, Licensing and Technical Analysis Branch, Federal
    Communications Commission (July 2, 1998) (July Letter).

[^34]: *Id*. at 2.

[^35]: *Id*.

[^36]: Letter from Andre Cote, Senior Vice President, Spectrum
    Operations & Analysis, ITA, to Mary Shultz, Chief, Licensing &
    Technical Analysis Branch, Public Safety and Private Wireless
    Division, Federal Communications Commission at 2 (Nov. 16, 1998)
    (Resubmission Letter).

[^37]: *Id*.

[^38]: *Id*.

[^39]: Letter from Mary M. Shultz, Chief, Licensing and Technical
    Analysis Branch, Public Safety and Private Wireless Division, to
    Elizabeth Sachs (Feb. 1, 1999).

[^40]: Greco Petition for Reconsideration and Request for Initiation of
    Revocation Proceeding at 8 (filed March 3, 1999) (Greco Petition).

[^41]: *Id.* at 2.

[^42]: *Id.* at 3.

[^43]: *Id.* at 2.

[^44]: *Id.* at 4.

[^45]: *Modification Order*, 15 FCC Rcd at 10316.

[^46]: *Id*., 15 FCC Rcd at 10314 ¶ 9.

[^47]: *Id.*

[^48]: *Id*., 15 FCC Rcd at 10314 ¶ 10.

[^49]: *See* Petition.

[^50]: Bergen County also argues that the Division does not have
    delegated authority to modify its license, that the Division's
    procedure for curing an allegedly defective application was flawed,
    and that Greco's application cannot be reinstated. *See* Petition.

[^51]: Petition at 4.

[^52]: *Id*.

[^53]: *Id*.

[^54]: *See supra* note 3.

[^55]: Protest at 7.

[^56]: Protest at 8.

[^57]: Protest at 11.

[^58]: *Id*.

[^59]: Protest at 14.

[^60]: Protest at 15.

[^61]: *Id*.

[^62]: *Id*.

[^63]: 47 U.S.C. § 312.

[^64]: Protest at 17.

[^65]: Protest at 18.

[^66]: Protest at 22.

[^67]: *Id*.

[^68]: We also have before us various motions relating to this
    proceeding. Since we are granting Bergen County's petition and
    protest, the "Motion to Vacate" filed by APCO on May 25, 2000 IS
    DISMISSED as moot. Similarly, the "Request for Stay" filed on June
    30, 2000 by Bergen County IS DISMISSED as moot. Bergen County's
    "Motion to Strike" ITA's July 17, 2000 letter, which was filed on
    August 4, 2000, IS DENIED because we find that ITA's submission
    assists our resolution of this proceeding. Finally, the "Motion to
    Treat Proceeding on a Non-Restricted, Permit-But-Disclose, Basis"
    filed by Bergen County on July 18, 2000 IS DENIED because Bergen
    County has not demonstrated good cause for modifying the *ex parte*
    status of this proceeding.

[^69]: *Modification Order*, 15 FCC Rcd at 10314 ¶ 9, *citing* 47 C.F.R.
    § 90.175 (1996).

[^70]: *Id.*, 15 FCC Rcd at 10314 ¶ 10.

[^71]: *Id*.

[^72]: *Id*.

[^73]: Greco Cousins Concrete Corp., Opposition to Bergen County Police
    Department Protest at 4-5 (filed Aug. 9, 2000) (Greco Opposition to
    Protest).

[^74]: *Id*. at 4.

[^75]: *Id.*

[^76]: *Id*. at 5.

[^77]: Letter from Laura L. Smith, Executive Director, Government
    Relations, ITA, to D'wana R. Terry, Public Safety and Private
    Wireless Division, Federal Communications Commission at 2 (July 17,
    2000) (ITA July 17 Letter).

[^78]: *Id*.

[^79]: *Id*. at 3.

[^80]: *Id*. at 2.

[^81]: *Id*.

[^82]: *Id*. at 3.

[^83]: Letter from S & S Excavating at 1.