*Pages 1--3 from Microsoft Word - 48308.doc* Federal Communications Commission Washington, D. C. 20554 April 29, 2005 Mark E. Crosby, President DA 05- 1264 Enterprise Wireless Alliance 8484 Westpark Dr., Suite 630 McLean, VA 22102 Joseph B. Vestal, Chairman American Mobile Telecommunications Association, Inc. c/ o Enterprise Wireless Alliance 8484 Westpark Dr., Suite 630 McLean, VA 22102 Dear Messrs. Crosby and Vestal: This is in reply to the April 5, 2005 letter from Mr. Crosby on behalf of the Industrial Telecommunications Association, Inc. (ITA), and the March 31, 2005 letter from Mr. Vestal on behalf of the American Mobile Telecommunications Association, Inc. (AMTA). In these letters, ITA and AMTA, recognized Part 90 frequency coordinators, state that, effective April 1, 2005, they consolidated their operations to form the Enterprise Wireless Alliance (EWA). AMTA states that it will continue to provide independent frequency coordination services until June 12, 2005, whereupon EWA will assume responsibility for any pending AMTA- coordinated applications, and for assisting in the resolution of post- licensing conflicts involving AMTA- certified applications. Accordingly, AMTA requests that its frequency coordinator certification be terminated, and ITA requests that EWA be permitted to continue in its place as a Part 90 certified coordinator. ITA states that this consolidation will allow the two organizations to better serve the public, and in turn promote more efficient use of the spectrum. In support of its request, ITA represents that EWA’s frequency coordination activities will not materially differ from those of ITA. For example, the coordination activities will be managed and operated by the same personnel that currently manage ITA’s frequency coordination activities. Further, ITA states that EWA will continue to follow the same basic coordination procedures, including its interaction with other certified coordinators, and provide coordination service on a non- discriminatory basis. We previously have determined that a frequency coordinator certification cannot be transferred from one entity to another. 1 Thus, ITA’s certification may not be transferred to EWA. However, we are treating ITA’s request as a consolidated request seeking both the termination of ITA’s certification and the certification of EWA as a Part 90 coordinator. This is consistent with 1 See American Mobile Telecommunications Association, Inc. and American Trucking Associations, Inc., Memorandum Opinion and Order, 16 FCC Rcd 12416, 12420- 21 ¶ 10 (WTB PSPWD 2001). 1 Mark E. Crosby Joseph B. Vestal 2 the Commission’s goal of promoting a competitive marketplace in frequency coordination and, we believe, best serves the public interest. To determine whether we should certify EWA as a Part 90 frequency coordinator, we looked at the criteria previously established to evaluate coordinator requests. 2 After careful consideration of the information before us, we are persuaded that EWA has demonstrated that it is qualified to act as a Part 90 frequency coordinator. We have concluded that EWA is generally representative of users eligible to be licensed for the spectrum it wants to coordinate, has a satisfactory coordination plan, experience in coordinating frequencies and will provide a nationwide coordination capability. For these reasons, we hereby certify EWA as a Part 90 frequency coordinator. 3 As a certified coordinator, EWA will be required to comply with the rules governing coordinators and the consensus policies and procedures currently in place. At this same time, we also terminate ITA’s certification. In addition, we grant AMTA’s decertification request, effective June 13, 2005. Accordingly, IT IS ORDERED that the request of the Industrial Telecommunications Association, Inc., filed April 5, 2005, IS GRANTED to the extent indicated above, and the Industrial Telecommunications Association, Inc., IS DECERTIFIED as a Part 90 frequency coordinator. IT IS FURTHER ORDERED that the request of the American Mobile Telecommunications Association, Inc., filed March 31, 2005, IS GRANTED, and the American Mobile Telecommunications Association, Inc., IS DECERTIFIED as a Part 90 frequency coordinator, effective June 13, 2005. IT IS FURTHER ORDERED that the Enterprise Wireless Association IS CERTIFIED to provide Part 90 frequency coordination services for the I/ B Pool and Special Emergency frequencies below 512 MHz, the 800 MHz and 900 MHz B/ ILT Pools, the 800 MHz SMR Pool, 929 MHz one- way paging frequencies and the 1.4 GHz telemetry frequencies (i. e., the same categories as ITA coordinated). 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 Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau 2 See, e. g., id. at 12421 ¶ 12 (citing Frequency Coordination in the Private Land Mobile Radio Services, Report and Order, PR Docket No. 83- 737, 103 F. C. C. 2d 1093, 1126 ¶ 70 (1986). 3 The Wireless Telecommunications Bureau has authority to certify frequency coordinators. See Sections 0.131( m) and 0.331 of the Commission’s Rules, 47 C. F. R. §§ 0.131( m), 0. 331. 2 Mark E. Crosby Joseph B. Vestal 3 Cc: PSCID chron S Stone 3