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Before the
               Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of
United Telecom Council
Informal Request for Certification as a Frequency
Coordinator in the PLMR 800 MHz and 900 MHz
Bands
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                             ORDER
   Adopted: April 11, 2001              Released:  April 18, 2001
By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:
     I.   INTRODUCTION
1.     On March 6, 2000, United Telecom Council (UTC) filed an informal request for Commission
certification as a frequency coordinator in the private land mobile radio (PLMR) service for 800 MHz and
900 MHz Business and Industrial/Land Transportation (I/LT) frequencies.  UTC is currently certified as a
frequency advisory committee (FAC) or frequency coordinator for the Industrial/Business (I/B) Pool of
PLMR frequencies below 512 MHz.  The current request for certification was placed on public notice on
March 17, 2000.  We received fifteen comments and two reply comments.  For the reasons set forth
below, we grant UTC's petition and certify UTC as a FAC for the 800 MHz and 900 MHz Business and
I/LT frequencies.  We also offer the opportunity to the other FACs currently certified to coordinate I/B
frequencies below 512 MHz to perform the same function for frequencies in the 800 MHz and 900 MHz
Business and I/LT categories.
II.    BACKGROUND
2.     A PLMR frequency coordinator is a private-sector entity or organization that has been certified
by the Commission to recommend the most appropriate frequencies for use by licensees in the PLMR
services.  The Commission has recognized the role of frequency coordinators in the process of selecting
available frequencies since 1958, but it was not until 1986 that the Commission formally certified
frequency coordinators.  The Commission examined the facets of the frequency coordination process in an
effort to maximize service to the public by assuring that the assignment and management of the PLMR
spectrum was performed in an efficient and effective manner.  In almost all of the Industrial and Land
Transportation Radio Services the Commission received only one request per radio service for frequency
coordination certification.  The Commission recognized that certifying multiple coordinators per service
could lower fees, but decided to certify a single coordinator in each service in order to reduce the potential
for confusion and avoid inconsistent coordination standards.  The Commission believed that "competition
in the recommendation of frequencies should not be necessary to assure the lowest price or best service."
3.     The primary factor in the selection of each frequency coordinator was whether the applicant
represented a class of users eligible for licenses in the service the applicant proposed to coordinate.
Special emphasis was placed on representativeness since the Commission decided to certify only one
coordinator per service.  Additional factors considered were the applicant's overall plan to coordinate the
service, whether the entity had any experience coordinating frequencies in that service or any technical
expertise in engineering land mobile radio stations, and whether the applicant was capable of nationwide
coordination.  UTC was certified as the frequency coordinator for the Power Radio Service, i.e., the
frequencies below 512 MHz allocated for use by electric, gas, water, and steam utilities.  The Industrial
Telecommunications Association, Inc. (ITA) was certified to coordinate 800 MHz I/LT frequencies.  The
Personal Communications Industry Association, Inc. (PCIA) was certified as the exclusive coordinator in
the 800 MHz Business category.  Once I/LT and Business frequencies were allotted in the 900 MHz band,
the Commission made ITA and PCIA the coordinators for the respective categories in the 900 MHz band.
4.     In 1997, the Commission consolidated the twenty PLMR services below 512 MHz into two
pools, Public Safety and I/B.  The Commission ended exclusivity of frequency coordination in those
frequencies, and, with certain exceptions, certified the existing coordinators to coordinate all of the
frequencies in the pool into which their service was consolidated.  Consequently, UTC now shares with
other entities responsibility for coordinating I/B Pool frequencies below 512 MHz, which formerly were
allocated to various Industrial, Land Transportation, and Business radio services, including the Power Radio
Service.  The Commission took this action to provide users with the opportunity to make marketplace
decisions when seeking the services of a frequency coordinator.
5.     The Commission stated that certifying multiple coordinators for the same frequencies was not
a rejection of its 1986 requirement that each coordinator be representative of the users of the radio service
in which it was certified.  Instead, the Commission concluded that licensees and systems within the
consolidated pools were sufficiently similar that in-pool frequency coordinators -- with their extensive
experience, and technical expertise in engineering systems and selecting frequencies -- possessed the ability
to provide frequency coordination recommendations for all licensees within their pool.  We recognize that
radio communications in the I/B Pool, in general, is used to support business operations.  The Commission
found that although each licensee may have slightly different requirements based on the particular business
they operate, the majority of communications systems are used for support of day-to-day business activities,
e.g., such as dispatching and diverting personnel or work vehicles, coordinating workers' activities, or
remotely monitoring equipment.  Further, it was noted that even when businesses use their radio stations
for emergencies -- which generally constitutes only an occasional use -- such emergencies are fundamentally
similar and can be easily accommodated by any frequency coordinator.
6.     The Commission stated that as a direct result of permitting any in-pool coordinators to
coordinate any frequency in the pool, further competition would be introduced into the frequency
coordination process.  The Commission believed that this action would result in lower frequency
coordination costs and better service to the public.  It concluded that market forces would reduce the time
it takes to obtain frequency coordination, thereby permitting users to commence their communications
operations more rapidly.  The Commission anticipated that competing frequency coordinators in the bands
below 512 MHz would minimize, if not eliminate, market entry barriers for small businesses.  It further
noted that before the 800 MHz band was reallotted, applicants for conventional and trunked systems on
General Category frequencies had the option of seeking coordination from any one of three coordinators
certified to recommend those frequencies.
III.   DISCUSSION
7.     Procedural issues.  Before we reach the merits of UTC's request, we must address certain
procedural issues raised by the commenters.  First, we must determine whether to proceed under delegated
authority on an ad hoc basis, or initiate a rulemaking proceeding.  The parties favoring a rulemaking
proceeding note that all other PLMR frequency coordinator certifications were done by rulemaking, and
urge that any changes should come about only through further rulemaking.  We do not find this argument
persuasive.  Instead, we agree with UTC and the American Mobile Telecommunications Association, Inc.
that the Commission has delegated to the Wireless Telecommunications Bureau (Bureau or WTB) the
authority to certify frequency coordinators under Sections 0.131(m) and 0.331 of the Commission's Rules.
Section 0.131(m) lists "Certifies frequency coordinators; considers petitions seeking review of coordinator
actions; and engages in oversight of coordinator actions and practices" as Bureau functions.  In this regard,
we note that Section 0.331 delegates authority to "perform all Bureau functions, described in  0.131,"
subject to certain exceptions and limitations.  The exceptions and limitations include "new or novel
questions of law or policy which cannot be resolved under outstanding Commission precedents or
guidelines."  Given the history set forth above regarding certification of PLMR frequency coordinators, we
do not believe that the subject of this proceeding constitutes a new or novel question of law or policy that
cannot be resolved under outstanding Commission precedents and guidelines.  As the Commission recently
stated, "WTB already has delegated authority to select frequency coordinators in the services it
administers."  In addition, we note that it is within an agency's discretion to determine whether to proceed
on any matter by individual or collective action.
8.     The next issue is whether we should, as requested by ITA and MRFAC, expand the scope of
this proceeding to include all similarly situated certified frequency coordinators.  In addition, ITA and
PCIA each request certification in the 800 MHz and 900 MHz category currently coordinated by the other.
ITA also asks that we conduct a broader review of PLMR frequency coordination, including such issues as
the frozen coordination in the lower 150 General Category Pool, whether the current frequency coordination
in the 800 MHz and 900 MHz bands is satisfactory, and management of post-licensing conflicts.  We
conclude that the issues involved in deciding whether to certify UTC to coordinate 800 MHz and 900 MHz
Business and I/LT frequencies apply equally to all current I/B Pool coordinators.  Therefore, the question
of whether to certify other existing below 512 MHz PLMR coordinators to coordinate 800 MHz and 900
MHz frequencies will be considered herein.  However, we believe that the other issues presented by ITA go
beyond the question of whether to permit multiple coordination in these bands and, thus, we will not
consider them in the instant action.
9.     Merits of the requests.  In order to resolve the requests, we must first decide whether it is
appropriate to introduce competition among frequency coordinators in the 800 MHz and 900 MHz Business
and I/LT categories.  As noted above, when the Commission certified PLMR coordinators in 1986, it
recognized the benefits of certifying more than one coordinator in each service, but declined to do so at that
time.  In 1997, as part of a broad review of the PLMR services below 512 MHz, the Commission
concluded that it would be in the public interest to allow more than one entity to coordinate most of the
frequencies in the I/B Pool.  Our experience since then indicates that the introduction of competitive
PLMR coordination generally has been successful.  We conclude that, with respect to the desirability and
feasibility of frequency coordinator competition, there is no significant difference between the licensees and
systems in the I/B Pool and those in the 800 MHz and 900 MHz Business and I/LT categories.  That the
Commission did not also introduce competitive coordination in the 800 MHz and 900 MHz bands does not
indicate that the Commission finds such action unwarranted, because those bands simply were not at issue
in that proceeding.  Indeed, we believe that the Commission subsequently has indicated its willingness to
expand competition into these bands.  Accordingly, we find it in the public interest to expand competition
among certified coordinators to the 800 and 900 MHz PLMR frequencies.
10.    We first address the qualifications of UTC to be a certified frequency coordinator for the 800
MHz and 900 MHz Business and I/LT frequencies.  Second, we will consider whether the other below-512
MHz frequency coordinators also are qualified to provide frequency recommendations for the subject 800
MHz and 900 MHz frequencies.  As noted above, the criteria the Commission established in 1986 for
PLMR frequency coordination certification were (a) representativeness of the users of the frequencies to be
coordinated, (b) the entity's overall coordination plan (including how recommendations would be made and
equality of applicant treatment), c) the entity's experience coordinating frequencies in the service or
technical expertise, and d) its nationwide coordination capability.  The Commission found that UTC met
these requirements with respect to the Power Radio Service, and we now conclude that UTC meets them in
regard to the 800 MHz and 900 MHz Business and I/LT categories.
11.    The Commission found that UTC represented the nation's electric, gas, water and steam
utilities.  We find that this continues to be the case.  Because utilities are eligible for 800 MHz and 900
MHz Business and I/LT frequencies, we conclude that UTC is representative of a class of users of the
frequencies it now seeks certification to coordinate.  Regarding UTC's experience and expertise, we note
that UTC has been providing frequency coordination services for over thirty-five years, predating its formal
certification as a frequency coordinator.  In that time, we have received no significant complaints about
UTC's performance.  In this connection, we note that several commenters attest to UTC's qualifications.
Moreover, we concur with UTC and Public Service Electric and Gas Company that an entity that
successfully addresses the complex engineering questions presented by many below-512 MHz frequency
coordinations can be expected to correctly apply the express mileage separation requirements set forth in the
Commission's 800 MHz and 900 MHz rules.  We disagree with ITA's suggestion that the special rules
governing 800 MHz and 900 MHz Business and I/LT frequencies in border areas render coordination of
these frequencies significantly more complex than coordination below 512 MHz.  Finally, we note that
UTC intends to retain its overall coordination plan and nationwide coordination, which the Commission
already found satisfactory.
12.    In 1986, the Commission determined that, in addition to UTC, the other frequency coordinators
certified at that time represented their respective categories.  For example, it was determined that the
American Trucking Association, as a national trade association of the motor carrier industry, was
representative of the Motor Carrier Radio Service.  Also, the Commission determined that the Association
of American Railroads, as an organization of member railroad companies generating approximately 97% of
the total operating revenues of all railroad companies in the U.S., was representative of the Railroad Radio
Service.  We find that these entities, as well as the other certified frequency coordinators for PLMR
frequencies below 512 MHz, continue to be representative of the industries for which they were first
certified. Since those eligible in the service categories below 512 MHz also are eligible for 800 MHz and
900 MHz Business and I/LT frequencies, we conclude that all these certified coordinators are
representative of classes of users of the latter frequencies.  In regard to their experience and expertise, these
coordinators provided frequency coordination services long before they were certified to do so in 1986.  For
instance, Forest Industries Telecommunications has more than fifty years of experience as a frequency
coordinator.  Also, ITA has had experience coordinating the Business Radio Service since 1970.
13.    As indicated above, we anticipate that any entity that has successfully resolved the complex
engineering questions presented by numerous below-512 MHz frequency recommendations will be able to
correctly apply the mileage separation requirements set forth in the Commission's 800 MHz and 900 MHz
band PLMR service rules.  Further, we believe that the below-512 MHz certified frequency coordinators
are also well-equipped to coordinate 800 MHz and 900 MHz frequencies in border areas.  In our view,
these frequency coordinations are not materially more complex than those below 512 MHz.  We note that
all of the certified below-512 MHz frequency coordinators currently have nationwide coordination
capability.  We expect these entities to retain their nationwide capability for continued use in coordinating
frequencies below 512 MHz, and for use in coordinating 800 MHz and 900 MHz PLMR frequencies if they
choose to seek certification for these latter frequencies.  In view of the foregoing, we invite the frequency
coordinators currently certified for below 512 MHz I/B frequencies to coordinate Business and I/LT
frequencies in the 800 MHz and 900 MHz band spectrum.
14.    Notification. Coordinators who choose to recommend these frequencies will be required to
adopt a system for information exchange to ensure that applications, once submitted, are not in conflict with
other applications being submitted simultaneously or concurrently.  While the Commission indicated in the
Refarming Second Report and Order that a real-time common database was desirable under the consolidated
pool approach, it did not require that this method be adopted because there might be less expensive and less
complex methods of sharing data and maintaining up-to-date records.  As the Commission did in that
proceeding, we will leave the issue of whether to use a real-time common database to the coordinators'
discretion.  We note that many of the subject frequency coordinators share data through the same third
party database that is utilized by UTC.  As a result, coordinators may use that database or choose a
different method of sharing pertinent data.
15.    We will require that coordinators provide notification of all frequency recommendations for
Business and I/LT 800 MHz and 900 MHz frequencies to every certified in-pool coordinator that is also
certified to coordinate that frequency within one business day of making such recommendations. This
notification requirement, which in 1997 was imposed on coordinators recommending below-512 MHz I/B
frequencies, will improve the speed and quality of recommendations.  In the interests of efficiency and
fairness, notification must be made to all in-category coordinators at approximately the same time.  To
encourage and facilitate the cooperation between in-category coordinators, we will require that each
coordinator communicate at least once each business day with each other in-category coordinator.  Even on
days that there are no coordinations, communication between coordinators is required.
16.    Each notification, at a minimum, must include the following: (a) name of applicant, (b)
frequency or frequencies recommended, (c) antenna height, (d) antenna location(s), (e) type of emissions,
(f) effective radiated power, (g) a description of the service area, and (h) the time the recommendation was
made.  The implementation details of providing notification will be left to each coordinator's discretion.
Coordinators may choose to notify each other coordinator every time a recommendation is made, each time
a certain number of recommendations are made, or they can send a notification containing all
recommendations at the close of each business day.  Also, rather than require coordinators to routinely
include all information on proposed systems, we will require coordinators to provide this additional
information only upon request.  Therefore, each coordinator must furnish, upon request, within one business
day, any additional information requested regarding a pending coordination that it processed.  We believe
that these procedures will prevent the filing of conflicting applications while fostering competition in the
frequency coordination process.
IV.    CONCLUSION
17.    After careful consideration of the information before us, we are persuaded that UTC has the
qualifications necessary to follow the rules and regulations in performing frequency coordination in the 800
MHz and 900 MHz Business and I/LT categories.  The overwhelming number of commenters support
UTC's petition, many speaking to first-hand knowledge of UTC's coordination practices and abilities, and
they establish that UTC has the experience, expertise and diligence necessary to provide frequency
coordination services for these frequencies.  We therefore grant UTC's request for certification to provide
frequency coordination services in the 800 MHz and 900 MHz Business and I/LT categories.
18.    Additionally, we conclude that all other below 512 MHz coordinators are qualified to
coordinate the 800 MHz and 900 MHz Business and I/LT frequencies.  Since ITA, PCIA, and MRFAC
have already requested certification for this segment of the spectrum in the context of this proceeding, we
hereby certify these entities to coordinate the 800 MHz and 900 MHz Business and I/LT frequencies also.
Other currently certified I/B coordinators interested in coordinating these frequencies must notify the
Bureau of their intentions within forty-five days from the date this Order is released.  Notification should
be addressed to Ms. D'wana R. Terry, Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington,
D.C. 20554.  In order to inform applicants and other coordinators as to which entities provide coordination
services for 800 MHz and 900 MHz PLMR frequencies, we will announce the certification of any additional
coordinators for this spectrum by public notice.
V.     ordering clauses
19.    Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of
1934, as amended, 47 U.S.C.  154(i), and Section 1.41 of the Commission's Rules, 47 C.F.R.  1.41, the
Informal Request for Certification filed by United Telecom Council on March 9, 2000 IS GRANTED.
20.     IT IS FURTHER ORDERED that United Telecom Council, the Industrial Telecommunications
Association, Inc., the Personal Communications Industry Association, Inc., and MRFAC, Inc., ARE
CERTIFIED to provide frequency coordination services for the 800 MHz and 900 MHz Business and I/LT
categories.
21.    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