**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * |                              |
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| Tektron Micro Electronics, Inc.  | ) |                              |
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| Request for Waiver of Sections   | * |                              |
| 90.20(f)(5) and 90.259 of the    |   |                              |
| Commission's Rules to Permit     | * |                              |
| Wireless Microphone Operation in | * |                              |
| the 1427-1436 MHz Band           | ) |                              |
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**ORDER ON RECONSIDERATION**

**Adopted: February 22, 2000 Released: February 28, 2000**

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

1\. *Introduction and Background*. On February 4, 1999, Itron, Inc.
(Itron) filed a Petition for Reconsideration (Petition)[^1] of a January
5, 1999, *Order*[^2] by the Public Safety and Private Wireless Division
(Division) of the Wireless Telecommunications Bureau. The *Order*
granted a waiver of Sections 90.20(f)(5) and 90.259 of our Rules,[^3] to
Tektron Micro Electronics, Inc. (Tektron), a manufacturer of wireless
microphones, to permit the use of the 1427-1435 MHz band for covert law
enforcement wireless microphone operations. This *Order* *on
Reconsideration* denies Itron\'s Petition.

2\. *Discussion*. In its Petition, Itron, which provides and operates
utility meter-reading systems that utilize the 1427-1432 MHz portion of
the 1427-1435 MHz band, notes that the Division granted Tektron\'s
waiver request without providing prior notice to the public or
soliciting input from interested parties, and argues that had the waiver
request been put on public notice, interested parties could have
apprised the Commission of the negative consequences that could ensue
from authorizing the proposed operation of Tektron\'s wireless
microphones at 1427-1435 MHz.[^4] Itron states that the failure to seek
such public comment by itself warrants reconsideration of the
*Order*.[^5] We disagree. It is a matter of Commission discretion
whether to give public notice of the filing of a waiver request and seek
comment from the public.[^6] Itron concedes that not every waiver
request need go on public notice,[^7] and we conclude that it was not an
abuse of discretion to resolve this matter without soliciting comment.
We believe that in this instance it was sufficient that non-parties to
the proceeding could express their opposing views by filing a timely
petition for reconsideration, as Itron has.[^8]

3\. Itron also contends that wireless microphone operations in the
1427-1435 MHz band are likely to cause harmful interference to Itron\'s
Genesis system utility meter-reading operations.[^9] Itron states that a
co-channel wireless microphone repeater with a unity gain antenna will
affect any Itron device closer than 4.8 miles to the wireless microphone
repeater, and that higher gain repeater antennas could affect even more
of Itron\'s devices.[^10] Tektron replies that Itron overstates the
interference potential, and that its own analysis shows that the
worst-case interference contour would be 2.3 miles.[^11]

4\. While the record indicates that there is a potential that wireless
microphone operations in the 1427-1435 MHz band could cause co-channel
interference to Itron\'s existing meter-reading operations, we agree
with Tektron that the probability for actual \"severe and potentially
devastating interference\"[^12] seems slight. As Tektron indicates, the
low power wireless microphone equipment would be covertly operated on a
very intermittent, itinerant basis and actual operations in any given
geographic location would be of short duration.[^13] Additionally, it
appears that the probability of simultaneous meter-reading and covert
wireless microphone operation in the same geographic area would be very
small.

5*. Conclusion*. After review of the record, we conclude that the
Commission\'s *Order* was procedurally correct and dismiss Itron\'s
claim that the lack of public notice for Tektron\'s waiver request was,
by itself, grounds for reconsideration of the *Order*. Additionally, we
do not find Itron\'s argument that covert wireless microphone operation
in the 1427-1435 MHz band will cause destructive interference to
Itron\'s utility meter-reading systems to be persuasive based on the
record in this proceeding.

6\. 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 by Itron Inc. on February 4, 1999,
IS DENIED.

7\. 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 Itron, Inc. on February 4,
    1999 (Petition). An Opposition to the Petition for Reconsideration
    (Opposition) was filed by Tektron on February 17, 1999, and a Reply
    to the Opposition was filed by Itron on February 26, 1999.

[^2]: Tektron Micro Electronics, Inc., *Order*, 14 FCC Rcd 108 (WTB
    PSPWD 1999).

[^3]: 47 C.F.R. §§ 90.20(f)(5) and 90.259. 47 C.F.R. § 90.259 limits the
    use of frequencies in the 1427-1435 MHz band to telemetry
    operations. 47 C.F.R. § 90.20(f)(5) permits a police licensee to use
    any frequency between 40 and 952 MHz for physical surveillance,
    stakeouts, raids and other such covert operations without special
    authorization from the Commission.

[^4]: Petition at 1, 4.

[^5]: *Id*. at 4.

[^6]: *See* 47 C.F.R. § 1.925(c)(i) (codifying practice).

[^7]: Petition at 4.

[^8]: *See* 47 C.F.R. § 1.106(b)(1).

[^9]: Petition at 6.

[^10]: *Id. See also* Itron\'s Engineering Analysis at 3.

[^11]: Opposition at 8 and Exhibit A.

[^12]: Petition at 1.

[^13]: Opposition at 6.