**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of Application of )

)

STATE OF WISCONSIN ) File No. D115274

)

For Mobile Radio Service Authorization )

And Request for Waiver of Section 90.173(c) )

of the Commission\'s Rules )

**ORDER**

**Adopted: February 23, 2000 Released: February 25, 2000**

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

######### I. INTRODUCTION

1\. On October 9, 1998, the State of Wisconsin (Wisconsin) filed an
application for mobile radio service authorization[^1] and request for
waiver[^2] of Section 90.173(c) of the Commission\'s Rules[^3] to permit
licensing of a four-site very high frequency (VHF) trunked public safety
communications system[^4] using federal/military frequencies between
federal, state, and local agencies on a routine basis. Given a shared
frequency usage agreement between the U.S. Army and Wisconsin, the
proposed system represents a unique partnership between the federal and
state government and is likely to be the first multi-agency,
multi-jurisdiction public safety VHF trunking system in the United
States. While there has been shared frequency use of common channels by
federal, state, and local entities for interoperability[^5] in the past,
we believe that this proposed system is the first of its kind wherein an
entire system, constructed by an FCC licensee, is specifically dedicated
to the sharing of VHF frequencies by federal, state, and local public
safety entities. Based on the record in this proceeding, we conclude
that Wisconsin\'s Waiver Request should be granted as set forth below.

**II. BACKGROUND**

2\. Wisconsin filed the subject application and associated waiver
request to coordinate public safety operations.[^6] Wisconsin intends to
construct a four-site VHF trunked system using forty government
frequencies in the 138-144 MHz band.[^7] Wisconsin indicates that
several of its various departments such as the Departments of
Transportation, Natural Resources, Justice, Corrections, Military
Affairs, and Health and Family Services will use the proposed system for
public safety communications. Wisconsin filed the Waiver Request to
broaden its scope by providing for shared use of the forty frequencies
between local, state, federal, and military agencies on a routine
basis.[^8] Wisconsin asserts this project has been nationally recognized
as a unique partnership between the U.S. Army and Wisconsin due to the
shared frequency usage agreement and is likely to be the first
multi-agency, multi-jurisdiction public safety VHF trunking system in
the United States.[^9]

3\. The National Telecommunications and Information Administration
(NTIA),[^10] in coordination with the Interdepartment Radio Advisory
Committee (IRAC),[^11] approved a Memorandum of Agreement (MOA) between
the Assistant Secretary of Defense for Command, Control, Communications,
and Intelligence (*i.e.*, DOD), and the Secretary, Wisconsin Department
of Transportation (WDOT).[^12] This MOA establishes a basic agreement
regarding the shared use by Federal entities and Wisconsin public safety
entities of radio frequencies that are assigned by the NTIA to the
Wisconsin National Guard through the U.S. Army, and would be licensed by
the FCC to Wisconsin for satisfying its radio communications
requirements for the four-site pilot trunked system.[^13] This agreement
is intended to ensure that by sharing the use of these radio frequencies
in operating the pilot trunked system, requirements for interoperable
communications among Federal, State, and local government public safety
entities will be satisfied.[^14] Based on the MOA, the NTIA granted
spectrum certification support for the twenty channels (40 frequencies)
to support the pilot trunked system.[^15]

**III. DISCUSSION**

4\. The FCC is responsible for the licensing of radio frequencies to
non-Government entities.[^16] The NTIA is responsible for the licensing
of radio frequencies to Government departments and agencies. The IRAC
advises the NTIA in assigning frequencies to U.S. Government radio
stations and in developing and executing policies, programs, procedures,
and technical criteria pertaining to the allocation, management, and use
of the spectrum. The frequencies in the 138-144 MHz band sought by
Wisconsin are allocated on an exclusive basis for Government radio
stations.[^17]

5\. The FCC may authorize non-Government (*i.e.,* non-federal) stations
to use Government frequencies in bands above 25 MHz. First, pursuant to
Section 2.102(c) of the Commission's Rules, we must find, after
consulting with the appropriate Government agency or agencies that
non-Governmental use is necessary to coordinate Government and
non-Government activities.[^18] After determining that the
non-Governmental use is necessary, we then must determine if this
non-Governmental operation on the Government frequencies conforms with
conditions agreed upon by the FCC and the NTIA.[^19] Second, in
accordance with Section 90.173(c) of the Commission's Rules, we may
authorize the use of frequencies allocated to Government radio stations
for use of private land mobile radio (PLMR) stations upon a showing by
the applicant that such assignment is needed for inter-communication
with Government stations.[^20] Finally, we may authorize the use of
frequencies allocated to Government radio stations for PLMR stations
when the station is authorized or required to coordinate with activities
of the Government, and where the FCC finds, after consulting with the
appropriate government agency or agencies, that such assignment is
necessary.[^21] In all of these instances, the non-Governmental station
is using the Governmental frequencies to coordinate or communicate with
a Governmental agency. Wisconsin's Waiver Request, however, seeks to use
the Governmental frequencies for all of its public safety communications
regardless of whether the use involves coordinating or communicating
with a Governmental entity.[^22]

6\. Wisconsin states that the VHF trunking project will provide a
next-generation communications system for all public safety agencies in
Wisconsin while preserving backwards compatibility and interoperability
with a large number of existing VHF systems.[^23] Wisconsin further
states that trunking adds efficiency while VHF frequencies provide
satisfactory coverage throughout the hills and forests.[^24]
Additionally, Wisconsin asserts that the system will provide a migration
path from current wideband systems to the more efficient narrowband
radios and promote more effective and efficient utilization of public
safety frequencies.[^25] As a result of the ground-breaking nature of
this venture, it filed the Waiver Request because no provisions exist in
FCC rules to license the non-federal entities involved in this joint
federal/state/local VHF system.[^26]

7\. To obtain a waiver of the Commission\'s Rules, a petitioner must
demonstrate either that grant of the waiver would be in the public
interest and the underlying purpose of the rule(s) would be frustrated
or not served by application to the present case;[^27] or that, in view
of unique or unusual factual circumstances, application of the rule(s)
would be inequitable, unduly burdensome, or contrary to the public
interest, or the applicant has no reasonable alternative.[^28] We find
that Wisconsin has shown that, in light of unique or unusual
circumstances, application of the rule to the instant case would be
contrary to the public interest, and that it has no reasonable
alternative, thus warranting grant of a waiver of Section 90.173(c) of
the Commission\'s Rules. Our basis for this determination is set forth
below.

8\. *Unique Circumstances*. We find that Wisconsin has demonstrated that
its proposal involves unique circumstances. The proposed system will be
constructed by Wisconsin,[^29] an FCC licensee, and specifically
dedicated to the sharing of VHF frequencies by local, state, and
Government public safety entities. The MOA establishes a basic agreement
regarding the shared use of frequencies in the pilot trunked system (by
Government entities and Wisconsin state and local government entities)
within Wisconsin. These radio frequencies are allocated to the
Government, assigned by the NTIA to the U.S. Army for satisfying
Government radio communications requirements, and licensed by the FCC to
the WDOT for satisfying Wisconsin radio communication requirements in
the pilot trunked system.[^30]

9\. We believe that the proposed Wisconsin system provides a unique
opportunity to advance the potential for shared federal, state, local
public safety systems. Wisconsin\'s use of the shared system for routine
public safety purposes demonstrates a sufficient basis for building the
system. It is our understanding that Federal entities will have full
access to the pilot trunked system pursuant to the terms of the
MOA.[^31] We are concerned that denying the Waiver Request possibly
could undermine efforts in the public safety community to promote shared
systems fostering interoperability and operational flexibility.[^32]

10\. *Public Interest*. We conclude that granting a waiver to Wisconsin
would further the public interest because the joint system proposed by
the Army/Wisconsin Trunked Plan promotes effective public safety
communications.[^33] We believe the relevant entities sharing the system
will be able to communicate with one another, both on a day-to-day basis
and during emergencies. We also believe that granting the waiver will
facilitate communications between local and state public safety agencies
and Government agencies. We note that Wisconsin necessarily will not
need inter-communications between the U.S. Army and itself for much of
the time during the existence of the U.S. Army/Wisconsin Pilot Sharing
Plan agreed upon between the DOD and Wisconsin. At the same time, the
Army/Wisconsin Plan envisions the ability to expand the VHF trunking
system. It is our understanding that such expansion would not be limited
to Government spectrum, but would include interoperability alternatives
using non-Government spectrum as well. [^34]

11\. The Commission previously determined that permitting trunked
operations on shared spectrum would allow licensees to construct systems
that are more efficient than conventional systems, thereby allowing
licensees to use fewer channels to provide the same communications
capability.[^35] By using this system, Wisconsin would have the
opportunity to reap the benefits associated with trunked operations,
*i.e.*, increased utilization of radio channels in the proposed
jointly-shared federal/state/local system.[^36] The essential and
critical nature of public safety communications and the benefits
associated with public safety/public service interoperability weigh in
favor of granting a waiver in the instant case. In summary, we find that
Wisconsin has demonstrated that the improved efficiencies in public
safety communications associated with the proposed system will serve the
public interest.

12\. *Lack of Reasonable Alternatives*. Additionally, we find that the
record in this proceeding indicates that Wisconsin has no reasonable
alternatives within the existing Rules to implement the Army/Wisconsin
pilot trunked system. Wisconsin states that interoperability is the
primary reason it believes that a next generation public safety
communications system in the VHF band is necessary. According to
Wisconsin, while it has considered other bands, it believes that
anything other than VHF frequencies will drastically reduce the level of
interoperability that currently exists in the State.[^37] It further
states that all but five of its seventy-two counties use the VHF band
exclusively or primarily for their public safety communications
systems.[^38] As set forth in the MOA, the Federal Government has a
requirement to establish interoperable radio communications among
Federal, State, and local government entities, and the State of
Wisconsin has a requirement to establish an integrated statewide radio
communications infrastructure for increasing operational effectiveness,
decreasing costs, and improving communications interoperability between
and among diverse Federal, State, and local government entities.[^39]

13\. Wisconsin indicates that compatibility with existing VHF systems is
required. Currently, all statewide mutual aid frequencies, and
approximately 90-95 percent of all public safety communications in
Wisconsin are VHF.[^40] Therefore, taken together, both the Government
requirements and Wisconsin\'s concerns persuade us that there appear to
be no reasonable alternatives for the Army/Wisconsin system within the
parameters of the proposal as presented.

14\. We find that there is justification, pursuant to Section 2.102 of
the Commission\'s Rules, to authorize Wisconsin to use the identified
Government frequencies in the 138-144 MHz frequency band and to
construct the four-site VHF trunked system. [^41] Based on the unique
circumstances presented, we believe ample basis exists for licensing
Wisconsin in conjunction with its proposed modifications to its system.
Moreover, we further find good cause for waiving Section 90.173(c) of
the Commission's Rules. In this regard, to the extent Wisconsin would
use the 138-144 MHz frequency band under the Army/Wisconsin Pilot
Sharing Plan, for interoperability for its own State and local
entities\' functions as opposed to interoperability with Government
agencies or departments such as the U.S. Army on Wisconsin\'s proposed
system, we believe that waiving Section 90.173(c) of the Commission's
Rules is appropriate.

15\. As we noted previously, the MOA provides that the NTIA-authorized
frequencies for the Pilot Sharing Plan will expire on July 1, 2001, and
may be renewed subject to NTIA approval.[^42] The MOA also provides for
revocation and termination by either the NTIA or Wisconsin.[^43] Thus,
our grant of Wisconsin's Waiver Request is conditional for the duration
of the MOA and as long as any renewals thereof remain in effect.
Moreover, upon revocation and termination of the MOA, Wisconsin must
submit for cancellation or modification any authorization or license
that would be granted in accordance with this waiver and must vacate the
associated Government frequencies.

**IV. CONCLUSION**

16\. For the reasons stated herein, we find that the State of Wisconsin
has met the burden for grant of its waiver of Section 90.173(c) of the
Commission\'s Rules. This *Order* conditionally grants its request for
waiver to permit it to construct and operate a shared network on certain
frequencies in the 138-144 MHz band, to be used by both Wisconsin and
the federal Government. The action taken herein serves the public
interest in that it will facilitate the development of
federal/state/local systems, promote more efficient use of the spectrum,
and provide improved opportunities for interoperable communications by
the public safety, public service, and defense communities on the
federal, state, and local levels.

**V. ORDERING CLAUSES**

17\. **IT IS ORDERED** that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections
1.925 and 90.173 of the Commission\'s Rules, 47 C.F.R. §§ 1.925; 90.173,
the waiver of Section 90.173, filed by the State of Wisconsin on October
9, 1998, **IS CONDITIONALLY GRANTED**, as set forth above, and the
application for modification of Station KQO228 filed by the State of
Wisconsin on October 9, 1998, **WILL BE PROCESSED**.

18\. **IT IS FURTHER ORDERED** that upon revocation and termination of
the MOA, the State of Wisconsin **SHALL SUBMIT** for cancellation or
modification any authorization or license granted as a result of the
grant of the aforementioned waiver.

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]: File No. D115274. This application seeks to modify existing
    Station KQO228, which has fixed locations at Baraboo, Black River
    Falls, Milton Junction, and Ridgeville, Wisconsin.

[^2]: Wisconsin\'s request for waiver (Waiver Request) was appended to
    its application.

[^3]: 47 C.F.R. § 90.173(c) provides, "Frequencies allocated for Federal
    Government radio stations under Executive order of the President may
    be authorized for the use of stations in these services upon
    appropriate showing by the applicant that such assignment is
    necessary for inter-communication with government stations or
    required for coordination with activities of the Federal Government,
    and where the Commission finds, after consultation with the
    appropriate government agency or agencies, that such assignment is
    necessary."

[^4]: A trunked system utilizes multiple radio frequencies in a manner
    that provides greater spectrum efficiency than would be obtained
    from the same number of frequencies if used in a conventional
    manner. Computerized trunking technology provides the ability to
    search randomly for available frequencies and automatically
    establish a talk path between a caller and a called party. *See*
    Development of Operational, Technical, and Spectrum Requirements for
    Meeting Federal, State and Local Public Safety Agency Communication
    Requirements Through the Year 2010, *Notice of Proposed Rule
    Making*, WT Docket No. 96-86, 11 FCC Rcd 12460, 12477 n.30 (1996)
    (*Public Safety First Notice*).

[^5]: By "interoperability" we are referring to the ability of different
    governmental agencies to communicate across jurisdictions and with
    each other. *See* Development of Operational, Technical and Spectrum
    Requirements for Meeting Federal, State and Local Public Safety
    Agency Communications Requirements through the Year 2010, *First
    Report and Order and Third Notice of Proposed Rulemaking*, WT Docket
    No. 96-86, 14 FCC Rcd 152 (1998).

[^6]: Application at Sch. D.

[^7]: Waiver Request at 1. The 40 frequencies set forth in Wisconsin\'s
    application are as follows: 139.0125 MHz, 139.1875 MHz, 139.3625
    MHz, 139.7375 MHz, 139.9125 MHz, 139.0875 MHz, 139.2125 MHz,
    139.4125 MHz, 139.7625 MHz, 139.9625 MHz, 139.1125 MHz, 139.2625
    MHz, 139.6125 MHz, 139.8125 MHz, 140.3625 MHz, 139.1625 MHz,
    139.3125 MHz, 139.6625 MHz, 139.8625 MHz, 140.4125 MHz, 141.5125
    MHz, 141.9125 MHz, 142.2375 MHz, 142.4125 MHz, 142.8875 MHz,
    141.6125 MHz, 142.1125 MHz, 142.3125 MHz, 142.4375 MHz, 142.9125
    MHz, 141.6875 MHz, 142.1875 MHz, 142.3375 MHz, 142.4625 MHz, 142.935
    MHz, 141.8125 MHz, 142.2125 MHz, 142.3875 MHz, 142.4875 MHz, and
    142.9875 MHz. Application at Sch. G. *See* para. 11, *infra*.

[^8]: Waiver Request at 1.

[^9]: *Id*.

[^10]: The NTIA serves as the principal adviser to the President, Vice
    President, and Secretary of Commerce on domestic and international
    communications and information issues and represents the Executive
    Branch before Congress, other Federal agencies, foreign governments
    and international organizations.

[^11]: The IRAC consists of a representative appointed by each of
    approximately 20 member Federal departments and agencies together
    with such other departments and agencies as NTIA might designate.
    The IRAC\'s substructure consists of the Frequency Assignment
    Subcommittee, the Spectrum Planning Subcommittee, the Technical
    Subcommittee, the Radio Conference Subcommittee, Emergency Planning
    Subcommittee, the International Notification Group, and a number of
    *ad hoc* working groups. Liaison between the IRAC and the FCC is
    effected by a representative appointed by the FCC to serve in that
    capacity.

[^12]: *See* Letter to Thomas Sugrue, Chief, Wireless Telecommunications
    Bureau (WTB), FCC, from William T. Hatch, Associate Administrator,
    Office of Spectrum Management, NTIA (Jan. 27, 2000) (NTIA Letter).
    The NTIA Letter enclosed a copy of the MOA. Cynthia S. Raiford,
    Deputy Director, Communications OASD (C3I), on behalf of the DOD,
    signed the MOA on March 2, 1999, and William Singletary,
    Administrator, WDOT, State Patrol Division, on behalf of WDOT,
    signed the MOA on March 5, 1999. MOA at 3.

[^13]: *See* NTIA Letter at 1. The assignments authorized by the NTIA
    will be recorded in the Government Master File (GMF) and will carry
    Army serial numbers. The operating entity of record will be the
    Wisconsin Army National Guard. The NTIA authorized frequencies for
    the pilot trunked system will expire on July 1, 2001, and may be
    renewed subject to NTIA approval. MOA at 2.

[^14]: NTIA Letter at 1.

[^15]: *Id*.

[^16]: 47 C.F.R. § 2.106 shows the United States Table of Allocations.
    Columns 4 through 7 are divided into the Government Table of
    Frequency Allocation and the Non-Government Table of Frequency
    Allocations. The Government plan (shown in column 4) is administered
    by the NTIA, and the non-Government plan (shown in column 5) is
    administered by the FCC. "Non-Government" means an entity which is
    not a federal entity. Thus, for example, Wisconsin is deemed a
    non-Government entity because it is not a federal entity.

[^17]: The NTIA recently identified 3 megahertz in this band, *i.e.*,
    139.0-140.5 MHz and 141.5-143 MHz, for reallocation in response to
    the Balanced Budget Act of 1997. Pub. L. No. 105-33, § 3004, 111
    Stat. 251 (1997), codified at 47 U.S.C. § 337(a)(1). Because the
    federal Government continues to have a valid requirement to
    establish reliable communications between federal agencies in the
    138-144 MHz band, recent legislation in the "FY 2000 Defense
    Appropriations Bill" has reclaimed that spectrum for Government use.
    Pub. L. No. 106-65, § 1062(c) (1999).

[^18]: 47 C.F.R. § 2.102(c).

[^19]: The requirements and conditions for such authorization are set
    forth in 47 C.F.R. §§ 2.102(c)(1), 2.102(c)(2), 2.102(c)(3), and
    2.102(c)(4).

[^20]: These Federal Government frequencies are allocated under
    Executive Order of the President of the United States. 47 C.F.R. §
    90.173(c).

[^21]: For the rules regarding Policies Governing the Assignment of
    Frequencies, see 47 C.F.R. Part 90, Subpart H.

[^22]: Waiver Request at 1.

[^23]: *Id*.

[^24]: *Id*.

[^25]: *Id*.

[^26]: *Id*. Wisconsin subsequently filed a request for Special
    Temporary Authority (STA) on August 19, 1999, to conduct testing for
    six months on the VHF trunked digital narrowband radio system. *See*
    Letter from Carl R. Guse, Frequency Specialist, Bureau of
    Communications, WDOT, to Steve Linn (Aug. 19, 1999). The STA request
    was granted by the Public Safety and Private Wireless Division and
    was authorized for testing only. *See* STA Grant No. 7110-26,
    effective September 1, 1999, valid through March 1, 2000.

[^27]: 47 C.F.R. § 1.925(b)(3)(i) (formerly 47 C.F.R. § 90.151 (1998)).

[^28]: 47 C.F.R. § 1.925(b)(3)(ii) (formerly 47 C.F.R. § 90.151(a)
    (1998)).

[^29]: Waiver Request at 1.

[^30]: MOA at 1.

[^31]: Requests to use the pilot trunked system by federal, state, and
    local government entities shall be granted subject to technical
    and/or operational compatibility. *Id.* at 2.

[^32]: The Commission noted the importance of interoperability when it
    stated, \"\[I\]nability to communicate hinders cooperation and
    coordination between public safety agencies on a day-to-day basis as
    well as during emergencies. We believe that the present inability of
    public safety agencies to communicate with each other is one of the
    most critical deficiencies in today\'s public safety
    communications.\" *Public Safety First Notice*, 11 FCC Rcd at
    12,469; *see* Development of Operational, Technical and Spectrum
    Requirements for Meeting Federal, State and Local Public Safety
    Agency Communication Requirements Through the Year 2010, *First
    Report and Order and Third Notice of Proposed Rulemaking*, WT Docket
    No. 96-86, 14 FCC Rcd 152, 156-57 (1998) (*Public Safety First
    Report and Order*); Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Agency Communication Requirements Through the Year 2010,
    *Second Notice of Proposed Rulemaking*, WT Docket No. 96-86, 12 FCC
    Rcd 17706, 17718-22 (1997); Public Safety Wireless Advisory Comm.,
    *Final Report* 19-20, 45-48 (Sept. 1996).

[^33]: While not identical, given the uniqueness of the Army/Wisconsin
    Pilot Sharing Plan, we nonetheless observe that the WTB noted the
    importance of facilitating interoperability in other public safety
    arenas when granting a request to allow construction and operation
    of, *e.g.*, a joint Public Safety/Power Radio Service system. *See,*
    e.g.*,* State of South Carolina, *Order*, 13 FCC Rcd 8787, 8792-93
    (WTB 1997); *see* *also* Central and South West Services, Inc.,
    *Order*, 13 FCC Rcd 16162, 16167 (PS&PWD 1998); East River Electric
    Cooperative, *Order*, 13 FCC Rcd 5871, 5878 (WTB 1997); Texas
    Utilities Services, Inc., *Order*, 13 FCC Rcd 4258, 4261 (WTB 1997);
    Public Utility District No. 1 of Snohomish County, *Order*, 13 FCC
    Rcd 7964, 7968 (PS&PWD Policy and Rules Branch 1997); *cf.* Combined
    Technologies, Inc., *Order*, 14 FCC Rcd 1964, 1966-67 (PS&PWD 1998);
    *see also* H.R. Conf. Rep. No. 217, 105th Cong., 1st Sess. 572
    (1997) (discussing 47 U.S.C. § 309(j)(2) (as amended by the Balanced
    Budget Act of 1997, Pub. L. No. 105-33, § 3002, 111 Stat. 251));
    *see also* 143 Cong. Rec. S6325 (statements of Senators Bryan and
    McCain supporting shared public safety/public service radio
    networks).

[^34]: While the MOA refers to frequencies in the 138-150.8 MHz band for
    use in the proposed trunked statewide radio system in Wisconsin (MOA
    at 2 and 3), Wisconsin's application requests authority for 40
    frequencies in the 138-144 MHz band. The pilot trunked system is
    designed in a way whereby the infrastructure and associated
    equipment will operate on frequencies in the 138-150.8 MHz band, and
    any other FCC-administered VHF frequencies supplied by Wisconsin or
    its local entities. MOA at 2*.*

[^35]: 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, PR Docket No. 92-235, *Second Report
    and Orde*r, 12 FCC Rcd 14307 (1997).

[^36]: The pilot trunked system will use narrowband technologies
    operating within a 12.5 kHz channel bandwidth or equivalent and
    capable of providing services in a digital mode. MOA at 2.

[^37]: *See* \"Interoperability and VHF Trunking In Wisconsin\" Report
    at 1.

[^38]: *Id.* at 4.

[^39]: MOA at 1-2.

[^40]: Draft Wisconsin Statewide Public Safety VHF Trunking
    Communications System Management Plan, Developed by the Wisconsin
    Interagency Committee on Radio & Tower Sites at 2.

[^41]: *See* the NTIA Letter.

[^42]: MOA at 2. *See* n.13, *supra*.

[^43]: The MOA provides that: (1) the NTIA may revoke the authority for
    use of the 138-150.8 MHz frequencies being used in the
    Army/Wisconsin Pilot Sharing Plan and DOD may terminate the MOA if
    there is no longer substantial benefit to the Government, or if
    higher priority requirements develop for the DOD or other Government
    entities; (2) Wisconsin shall vacate the affected frequency or
    frequencies no later than 90 days after such revocation; and (3) the
    WDOT may terminate the MOA if it cannot use the frequencies assigned
    to the Army for the Pilot Trunked System. MOA at 3.