*Pages 1--8 from Microsoft Word - 30519* Federal Communications Commission DA 03- 2692 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Application of SYOSSET FIRE DISTRICT To Operate a Public Safety Radio Communications System in Frequency Band 470- 480 MHz in Syosset, New York and Nearby Communities ) ) ) ) ) ) ) ) File No. 0001314863 MEMORANDUM OPINION AND ORDER Adopted: August 18, 2003 Released: August 18, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. We have before us an application and a waiver request filed by the Syosset Fire District, New York, for authority to operate a public safety radio system on eleven UHF frequencies 1 in the New York Metropolitan area. 2 The applicant (“ Syosset” or “the District”) seeks a waiver, pursuant to Section 337( c) of the Communications Act of 1934, as amended (“ the Act”), 3 of Section 22.621 of the Commission’s Rules, 4 to use frequencies allotted for non- public safety use. 5 For the reasons stated herein, we grant Syosset’s waiver request. II. BACKGROUND 2. Syosset is the parent agency to the all- volunteer Syosset Fire Department. 6 The District, which is located near the north shore of Long Island, New York, serves the communities of Syosset, 1 Frequencies in the 300 MHz to 3 GHz range are Ultra High Frequencies (“ UHF”) but land mobile frequencies in the 450- 512 MHz range are sometimes referred to as the land mobile “UHF band.” In this Memorandum Opinion and Order, references to UHF mean 450- 512 MHz. See, e. g. Implementation of Sections 309( j) and 337 of the Communications Act of 1934 as Amended, WT Docket No. 99- 87, Notice of Proposed Rule Making 14 FCC Rcd 5206, 5215 ¶¶ 11- 12 (1999). 2 See FCC File No. 0001314863, Syosset Fire District (filed May 16, 2003) (“ Request”), as amended on May 19, 2003, May 20, 2003, July 30, 2003, and August 5, 2003. 3 47 U. S. C. § 337( c). Alternatively, Syosset seeks a waiver pursuant to Section 1.925 of the Commission’s Rules, 47 C. F. R. § 1.925. See Request at 1. 4 47 C. F. R. § 22.621. See Request at 1. 5 Request at 1. 6 Id. at 2. 1 Federal Communications Commission DA 03- 2692 2 Woodbury, part of Jericho, and the villages of Oyster Bay Cove, Laurel Hollow, and Muttontown. 7 The District is at the crossroads of major transportation rights- of- way. 8 These transportation systems include the Long Island Expressway, many major secondary thoroughfares, and the main branch of the Long Island Rail Road. 9 More than 300,000 vehicles travel Syosset’s roads daily. 10 Consequently, emergency rescue calls within the District have increased by 400% in the last twenty years. 11 In addition to providing street- level radio coverage, the District also requires in- building radio coverage for firefighting operations. 12 3. The District currently provides three types of service. First, the District provides day- to- day dispatch services, emergency services, and mutual aid to Syosset and several neighboring communities. 13 Second, the District provides emergency operations services to one of Nassau County’s nine fire battalions. The District is a member of the Fifth Battalion, which contains a much broader geographic area than the collective communities served by the first tier. Syosset is the Emergency Operations Center for the Fifth Battalion, which serves twelve fire departments. 14 Third, the District provides technical rescue services throughout Nassau County, including rescues at scenes of structural collapses, confined spaces, and from above ground at great heights. 15 4. Syosset states that its current public safety radio communications system is inadequate to meet the critical communications needs of its staff and firefighters. 16 The District operates 150 radios on frequency pair 453/ 458.1000 MHz from one site in support of both dispatch and paging operations. 17 The District also operates a simplex “fireground” channel on 458.7125 MHz and two mutual aid channels on 46.10 and 46.12 MHz. 18 Syosset states that its current system cannot support the three tiers of service that the District provides. 19 Moreover, Syosset contends that its communications are subject to interference due to its proximity to New York City. 20 Specifically, its current frequency pair is excessively loaded and fails to provide coverage across the District’s service area. 21 In its Request, the District cites instances 7 Id. 8 Id. 9 Id. The District asserts that the Long Island Rail Road is the nation’s busiest commuter railroad. Id. 10 Id. 11 Id. at 3. 12 Id. at 2. 13 Id. at 3. 14 Id. at 4. 15 Id. 16 Id. at 3. The District utilizes approximately 120 volunteer firefighters. Id. 17 Id. 18 Id. 19 Id. 20 Id. at 5. 21 Id. 2 Federal Communications Commission DA 03- 2692 3 where a lack of coverage prevented communications in critical situations. 22 Syosset’s radio vendors analyzed the problems and concluded that they are caused by a lack of repeater sites. 23 The vendors suggested digital simulcast technology as the appropriate solution, but it would require new, interference-free channels. 24 Syosset proposes to address these problems by replacing its current system with a new, trunked 12.5 kHz bandwidth system that would include five frequency pairs and a single voice paging frequency currently designated for non- public safety use. 25 The system will support 300 mobiles, with 150 mobiles utilized by the District’s firefighters and the remainder utilized by four neighboring fire and rescue districts in a consolidated system. The system will initially support mixed- mode analog and digital simulcast signals, ultimately leading to only digital service. Upon implementation of the new system, Syosset will surrender its existing license authorizing the use of frequency pair 453/ 458.1000 MHz. 26 5. Syosset amended its application on May 19, 2003, May 20, 2003, July 30, 2003, and August 5, 2003 to provide additional information or analysis concerning its proposed system. 27 On June 13, 2003, the Wireless Telecommunications Bureau (“ Bureau”) placed Syosset’s May 2003 application and waiver request on public notice. 28 As the frequencies in question are not designated for public safety use, Syosset requires a waiver of Sections 22.7, 22.501, 22.621, 22.651, and 90.311 of the Commission’s Rules. 29 Syosset seeks such a waiver, pursuant to Section 337( c) of the Act, or alternatively, Section 1.925 of the Commission’s Rules, to use the frequencies. 30 22 Id. For example, while one of the District’s paramedics was driving, a tree limb crashed into the windshield of the car in front of him. The paramedic tried unsuccessfully to call the dispatcher using both his portable radio and his vehicle’s mobile radio. He was forced to leave the scene and drive to a higher elevation to successfully complete a call for assistance. In another instance, after responding to a house fire, the Syosset fire chief was told that someone might still be in the burning house. The chief tried unsuccessfully to contact the dispatcher from his portable radio to indicate he was going to attempt a rescue. A second chief arrived and after several attempts completed the call from a vehicle radio. Id. 23 Id. 24 Id. 25 Id. at 2. The Request seeks authority for eleven Part 22 frequencies, paired as follows: 476.0375/ 479.1625 MHz, 476/ 479.1375 MHz, 476/ 479.1875 MHz, 476/ 479.2375 MHz, 476/ 479.2875 MHz, and the single frequency assignment 470.1375 MHz. 26 Id. at 6. 27 Amendments (filed May 19, 2003, May 20, 2003, Jul. 30, 2003, and Aug. 5, 2003). 28 See Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by Syosset Fire District, New York, to Operate a Public Safety System Serving Firefighters in Syosset and Nearby Communities, Public Notice, DA 03- 1948, released June 13, 2003. The Commission received forty timely comments and four late- filed comments, all of which support the grant of Syosset’s waiver request and application. There were no comments submitted in opposition. 29 47 C. F. R. §§ 22.7, 22.501, 22.621, 22.651, 90.311. Section 22.7 limits eligibility to operate on Part 22 frequencies to common (i. e., commercial) carriers. Section 22.501 defines the scope of the licensing and operation of the public paging and radiotelephone service. Section 22.621 requires the use of point- to- multipoint operation on six of the requested frequencies. Section 22.651 requires the use of trunked mobile operations on the other five frequencies requested. But see 47 C. F. R. § 22.655 (FCC is redesignating public mobile channels in the 450- 470 MHz range from trunked mobile operation to point- to- multipoint operation as the demand for trunked mobile service decreases). Section 90.311 excludes frequencies in the 470- 512 MHz range from assignment to private land mobile radio applicants if the frequencies are allocated for services under Part 22. 30 See 47 U. S. C. § 337( c), 47 C. F. R. § 1.925. 3 Federal Communications Commission DA 03- 2692 6 to existing public safety radio systems. 44 Consequently based on the record before us and our analysis thereof, we conclude that Syosset’s proposed system would protect existing public safety land mobile licensees and television stations from harmful interference. Accordingly, we believe the operational and technical parameters of Syosset’s proposed system meet the Commission’s requirements for interference protection to incumbent public safety licensees. We therefore find that Syosset’s proposed system is technically feasible and will not cause harmful interference to protected spectrum users. 10. Public safety use of the frequencies is consistent with other public safety spectrum allocations in the geographic area. As Syosset notes, the frequencies it proposes to use in its public safety communications system are within a frequency band (470- 512 MHz) where public safety land mobile radio operations are authorized, and are currently being used by other public safety agencies in the New York metropolitan area (e. g., Burlington County, New Jersey and the Borough of Fort Lee, New Jersey). 45 We therefore find that the use of the unassigned frequency pairs for the provision of the proposed public safety services is consistent with other allocations for the provision of such services in the geographic area for which the application is made. Moreover, because other governmental agencies in the New York Metropolitan Area are using these frequencies, we believe that granting the request will promote interoperability capability among the public safety community in this area. In this regard, we note that Syosset is responsible for providing emergency communications to twelve fire departments during a state of emergency. 46 11. The frequencies have been allocated for non- public safety use for more than two years. The Commission allocated these frequencies for paging use in 1994. 47 Thus, these frequencies have been allotted for their present use for more than two years. 12. Granting this application is consistent with the public interest. Based upon the record in this proceeding, we believe Syosset’s filings demonstrate that it needs access to additional spectrum in order to promote effective public safety communications. We believe that it would further the public interest by affording Syosset’s public safety community access to additional radio spectrum in order to allow it to safely protect the lives and property in its care. Indeed, Section 1 of the Act defines one of the Commission’s over- arching purposes as “promoting safety of life and property through the use of… radio communication.” 48 We also find Syosset’s commitment to surrender its existing UHF authorization to be a decisionally significant factor in our reasoning that granting the Request serves the public interest by easing the congestion on these shared channels in the New York City metropolitan area. 49 Additionally, 44 See Letter from Joseph L. Yurman, P. E., APCO Local Advisor, Southern New York State to D’wana Terry, Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau (dated Jul. 31, 2003, filed Aug. 5, 2003). 45 Request at 7. 46 Request at 4. Twelve departments comprise the Fifth Battalion. The District, as the Fifth Battalion’s Emergency Operations Center, has a responsibility to provide for adequate radio coverage across the entire Fifth Battalion. 47 See Revision of Part 22 of the Commission’s Rules Governing the Public Mobile Services, CC Docket 92- 115, Report and Order, 9 FCC Rcd 6513 (1994). 48 47 U. S. C. § 151. 49 We anticipate that Syosset will effectuate its representation to the Commission that it will relinquish its authorizations for the frequency pair 453.100/ 458.100 MHz within one year after the District certifies completion of construction of the facilities proposed in the instant application. As a result, we will direct Syosset to provide written notification to the Division within thirty days of such action. 6 Federal Communications Commission DA 03- 2692 7 we find it significant that granting the instant request will promote interoperability capability among the public safety community in the New York metropolitan area. IV. CONCLUSION 13. We find that Syosset’s Request satisfies the criteria set forth under Section 337( c) of the Act to obtain a grant of its application to operate a public safety communications system on frequencies in the 470- 480 MHz band. We therefore grant Syosset’s Request for Waiver. 50 V. ORDERING CLAUSES 14. Accordingly, IT IS ORDERED that, pursuant to Sections 4( i) and 337( c) of the Communications Act of 1934, as amended, 47 U. S. C. § 154( i), 337( c), the request for waiver associated with the captioned application filed by the Syosset Fire District on May 16, 2003, as amended, to use frequencies 476.0375/ 479.1625 MHz, 476/ 479.1375 MHz, 476/ 479.1875 MHz, 476/ 479.2375 MHz, 476/ 479.2875 MHz, and 470.1375 MHz, for public safety services as requested in the captioned application IS GRANTED. 15. IT IS FURTHER ORDERED that, pursuant to Sections 4( i) and 337( c) of the Communications Act of 1934, as amended, 47 U. S. C. § 154( i), 337( c), that the Licensing and Technical Analysis Branch SHALL PROCESS File No. 0001314863 consistent with this Memorandum Opinion and Order and the Commission’s Rules. 50 In view of the conclusion that a grant of a waiver for Syosset is warranted under Section 337( c) of the Act, we need not reach the question of whether Syosset’s waiver request should be granted under Section 1.925( b)( 3) of the Commission’s Rules. 7 Federal Communications Commission DA 03- 2692 8 16. IT IS FUTHER ORDERED that Syosset Fire District shall provide written notification to the Public Safety and Private Wireless Division within thirty days of relinquishing frequency pair 453.000/ 458.100 MHz as discussed in note 49 supra. 17. 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 Deputy Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau 8