*Pages 1--3 from Microsoft Word - 7314.doc* Federal Communications Commission DA 01- 590 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) PEND OREILLE COUNTY, WASHINGTON ) DEPARTMENT OF EMERGENCY MANAGEMENT ) ) Request for Special Temporary Authority ) to Operate Conventional Public Safety Pool Station ) WPKQ914 on Frequency 150.995 MHz North Of Line A) ORDER ON RECONSIDERATION Adopted: March 5, 2001 Released: March 7, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. Introduction. Pend Oreille County, Washington (County) has requested reconsideration of the denial of a request for special temporary authority (STA) by the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch). 1 The Branch denied 2 the STA request 3 to operate Conventional Public Safety Pool Station WPKQ914 on frequency 150.995 MHz north of “Line A,” 4 pending modification of the station license. Based on our review of the record in this matter, we conclude that the Branch’s denial of the STA request was warranted. Therefore, the reconsideration petition is denied. 2. Background. Frequency 150.995 MHz is subject to Canadian frequency coordination. 5 Under a 1962 bilateral agreement, 6 coordination between the United States and Canadian authorities generally is required in the assignment of certain frequencies, including frequency 150.995 MHz, north of Line A. 1 Letter from Tom Manley, Adcomm Engineering Co., on behalf of Pend Oreille County, Washington to Magalie R. Salas, Secretary, Federal Communications Commission (Nov. 10, 2000) (Petition). 2 Letter from Annette Ritchie, Industry Analyst, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division to JoAnn Boggs, Pend Oreille County, Department of Emergency Management (dated Oct. 26, 2000) (Denial Letter). 3 Letter from JoAnn Boggs, Director, Pend Oreille County, Department of Emergency Management, to FCC, Gettysburg, Pennsylvania (dated Oct. 9, 2000) (STA Request). 4 Line A refers to an imaginary line within the United States approximately paralleling the United States-Canada border and is the southern boundary of the established U. S./ Canadian coordination zone. For a definition of Line A, see 47 C. F. R. §§ 1. 928( e)( 5), 90. 7. 5 See 47 C. F. R. § 1. 928. 6 See Coordination and Use of Radio Frequencies Above 30 Megacycles Per Second, Agreement Between the United States and Canada Revising the Technical Annex to the Agreement of October 24, 1962, June 24, 1965, T. I. A. S. No. 5833, at Arrangement A, 1( a)- 4( a) (U. S./ Canadian Above 30 MHz Agreement); 47 C. F. R. § 1. 928( a). 1 Federal Communications Commission DA 01- 590 2 3. Under the County’s license for Station WPKQ914, the County Department of Emergency Management (Department) is authorized to operate Station WPKQ914 in the County, on frequencies 153.920 MHz, 154.265 MHz, and 154.235 MHz north of Line A. By letter dated October 9, 2000, the Department requested an STA to operate Station WPKQ914 on frequency 150.995 MHz at four sites, pending certification of its application to modify the license to add the frequency by its frequency coordinator, the International Municipal Signal Association. 7 The Department, which provides dispatch and radio communications services in support of public safety entities within the County, stated, “The frequency is required in order to resolve interference between a Fire paging transmitter and a Fire repeater in support of ground operations.” 8 The Department also stated that the frequency change “must be made before winter weather limits access to the sites.” 9 4. On October 26, 2000, the Branch denied the Department’s STA request, because the requirement to obtain Canadian coordination had not been satisfied. 10 Additionally, the Branch said, the Commission had not received the County’s license modification application and the request for an additional frequency required coordination. 11 The Branch noted that once the County’s modification application was received by the Commission and cleared by Canada, the County could request an STA pending issuance of the license. 12 5. By letter dated November 10, 2000, the County requested reconsideration of the Branch’s action. 13 The County said the STA request had been refused “because the sites were above line A and are deemed to have the potential to cause interference with stations in Canada.” 14 The County enclosed an engineering review of the STA request, saying it believes “no interference will occur.” 15 6. Discussion. Based on our review of the record, we find that the Branch’s action in this matter was correct. The County requests special temporary authority to operate Station WPKQ914 on terms other than those specified in its current license, specifically. Specifically the Department seeks to operate on an additional frequency. Although the requested frequency is subject to Canadian coordination, no license modification application for the requested frequency has been filed with the Commission. 7. As an initial matter, we note that the Commission is bound by international agreement to coordinate with the Canadian government regarding stations proposing to use certain frequencies north of Line A. Under the U. S./ Canadian Above 30 MHz Agreement, before the Commission takes final action 7 STA Request at 1- 5. 8 Id. at 1- 2, 5. 9 Id. at 1. 10 Denial Letter at 1. 11 Id. 12 Id. 13 Petition at 1. 14 Id. at 2 15 Id. 2 Federal Communications Commission DA 01- 590 3 on any application for the new use of frequency 150.995 MHz north of Line A, the Commission must refer the proposed assignment to the Canadian authorities for coordination. 16 We do not refer a proposed assignment until after receipt of the requesting party’s application. 17 Here, no modification application has been filed with the Commission. Therefore, the Branch could not grant the County’s STA request in light of the Commission’s bilateral treaty obligations. 18 Accordingly, we deny the petition for reconsideration. 8. Conclusion. For the reasons set forth above, we find no basis for reversing the Branch’s decision. The Branch’s action is warranted based on the facts presented, and is consistent with Commission precedent, and our bilateral treaty obligations. We therefore deny the County’s reconsideration petition. 9. Ordering Clauses. Accordingly, IT IS ORDERED that, 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, the Petition for Reconsideration filed by the Pend Oreille County, Washington on November 10, 2000 IS DENIED. 10. 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 16 See U. S./ Canadian Above 30 MHz Agreement, at Arrangement A, 4( a). See also Revision of Part 22 and Part 90 of the Commission’s Rules to Facilitate Future Development of Paging Systems, and Implementation of Section 309( j) of the Communications Act – Competitive Bidding, Memorandum Opinion and Order on Reconsideration and Third Report and Order, WT Docket No. 96- 18, PR Docket No. 93- 253, 14 FCC Rcd 10030, 10068 ¶¶ 58- 60 (1999). 17 See U. S./ Canadian Above 30 MHz Agreement at Arrangement A, 4( a); Paging Systems Order, 14 FCC Rcd at 10068 ¶¶ 58- 60. 18 We also note that there are alternatives other than the one requested by the County that could enable the Department to operate on frequency 150.995 MHz north of Line A. Since the U. S./ Canadian Above 30 MHz Agreement does not require coordination for operations using power of five watts or less ERP, the Department may operate Station WPKQ914 on frequency 150.995 MHz if the Department reduces the station's power to five watts or less ERP. See Jan David Jubon, P. E., Order on Reconsideration, DA 01- 11, ¶ 7 (PWPSD rel. Jan. 4, 2001). Although Canadian coordination is not required for such operations, they would be secondary to any coordinated Canadian operations. See id. Furthermore, if the County wishes to pursue this alternative, the County is required to submit an application for license modification to reflect this limitation on its power. If this option does not meet the Department’s needs, the County may file a license modification application to operate Station WKPQ914 on frequency 150.995 MHz with the desired ERP, which the Branch would submit to Canada for coordination. We would be able to grant such license only if we received Canadian concurrence to the Department's proposed operations. Furthermore, after Canadian concurrence has been obtained, the County may request an STA to operate on frequency 150.995 MHz to resolve interference affecting its ground operations and pending further processing of the modification application. See 47 C. F. R. § 1. 931( b). 3