Federal Communications Commission DA 08-1697 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Implementing a Nationwide, Broadband, 
Interoperable Public Safety Network in 
the 700 MHz Band
Development of Operational, Technical and 
Spectrum Requirements for Meeting Federal, 
State and Local Public Safety Communications 
Requirements Through the Year 2010
State of Arkansas Request for Waiver
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PS Docket No. 06-229
WT Docket No. 96-86
ORDER
Adopted:  July 18, 2008 Released:  July 18, 2008
By the Chief, Public Safety and Homeland Security Bureau:  
I. INTRODUCTION
1. On July 31, 2007, the Commission adopted a Second Report and Order revising the rules 
governing the 700 MHz band.1 In the Second Report and Order, the Commission redesignated ten 
megahertz of public safety 700 MHz spectrum (763-768/793-798 MHz) for the purpose of establishing a 
nationwide, interoperable broadband public safety communications network.  In order to accommodate 
this broadband allocation, the Commission consolidated the public safety narrowband channels so that 
they are located at 769-775/799-805 MHz.2 Subject to certain conditions and limitations, the Commission 
determined that the Upper 700 MHz Band D Block licensee will pay the costs associated with relocating 
public safety narrowband operations to the consolidated channels.3 To facilitate the relocation process, 
and clearly define the costs that would be entitled to reimbursement, the Commission required every 700 
MHz band public safety licensee, whether holding individual narrowband authorizations or operating 
pursuant to a State License, to certify the number of narrowband mobile and portable handsets and base 
stations serving these handsets in operation as of August 30, 2007 (30 days following adoption of the 
Second Report and Order).4 The Commission also prohibited authorization, whether pursuant to 
individual license or State License, of any new narrowband operations outside of the consolidated 
channels as of August 30, 2007, and cautioned that any equipment deployed outside of the consolidated 
channels after August 30, 2007 would be ineligible for relocation funding.5  
  
1 Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band; Development 
of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety 
Communications Requirements Through the Year 2010, PS Docket No. 06-229, WT Docket No. 96-86, Second
Report and Order, 22 FCC Rcd 15289 (2007) (Second Report and Order).
2 Id. at ¶ 329.
3 Id. at ¶ 336.    
4 Id. at ¶¶ 336-337.  
5 Id. at ¶ 339.
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2. On September 28, 2007, the State of Arkansas (Arkansas) requested waiver relief 
concerning narrowband operations outside of the consolidated channels.6 Arkansas requests waiver of the 
provision of the Second Report and Order prohibiting the authorization of new narrowband operations 
outside the consolidated channels as of August 30, 2007.  Arkansas states that it recognizes that new 
equipment will not be eligible for relocation funding.7 For the reasons discussed below, we grant the 
Waiver Request in part on a limited basis, and defer action on the Waiver Request in all other respects.
II. DISCUSSION
3. As an initial matter, several parties have filed petitions for reconsideration of provisions 
of the Second Report and Order, including the prohibition on authorization of new narrowband operations 
outside of the consolidated channels following August 30, 2007, and the limitation on cost reimbursement 
to equipment that was in operation as of August 30, 2007.8 In addition, on May 14, 2008, the 
Commission issued a Second Further Notice of Proposed Rulemaking seeking comment on, among other 
issues, narrowband relocation, including the petitions for reconsideration of the Second Report and Order.  
In the interests of public safety, we provide Arkansas limited waiver relief of the prohibition on new 
narrowband operations outside of the consolidated channels after August 30, 2007.9 As further explained 
below, the Commission will determine the duration of such relief, and whether Arkansas is entitled to 
reimbursement for relocation of equipment installed after August 30, 2007, after fully considering the 
public record submitted in response to the Second Further Notice.
4. Section 1.925 states that to obtain a waiver of the Commission’s rules, a petitioner must 
demonstrate either that:  (i) the underlying purpose of the rule(s) would not be served or would be 
frustrated by application to the present case, and that a grant of the requested waiver would be in the 
public interest; or (ii) in view of unique or unusual factual circumstances of the instant case, application 
of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest,10 or the 
applicant has no reasonable alternative.11 An applicant seeking a waiver faces a high hurdle and must 
plead with particularity the facts and circumstances that warrant a waiver.12  
5. On November 14, 2007, the Commission adopted and released an Order that granted the 
Commonwealth of Virginia, Virginia State Police (Virginia) limited interim waiver relief to enable 
Virginia to continue to deploy new narrowband outside of the consolidated narrowband channels.13 In 
this Order, the Commission found that it is in the public interest to “provide interim waiver relief for 
continued deployment outside of the consolidated narrowband channels where there has been a showing 
of potential public harm and there is evidence of a comprehensive 700 MHz deployment plan that 
  
6 Request for Waiver, State of Arkansas, PS Docket No. 06-229, WT Docket No. 96-86 (filed Sept. 28, 2007) 
(Waiver Request).  
7 Id. at 1, n. 3.  However, Arkansas reserves its right to pursue such funding in the future.  Id.
8 See, e.g., Commonwealth of Virginia, Virginia State Police, Petition for Reconsideration, PS Docket No. 06-229, 
WT Docket No. 96-86 (filed Sept. 24, 2007).  
9 See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands; Implementing a Nationwide, Broadband, 
Interoperable Public Safety Network in the 700 MHz Band, Second Further Notice of Proposed Rulemaking, WT 
Docket No. 06-150, PS Docket No. 06-229, FCC 08-128 (2008) (Second Further Notice).
10 47 C.F.R. § 1.925(b)(3)(i).
11 47 C.F.R. § 1.925(b)(3)(ii).
12 See WAIT Radio v. FCC, 418 F.2d 1153, 1158-59 (D.C. Cir. 1969), aff’d, 459 F.2d 1203 (D.C. Cir. 1972); 
Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
13 Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band; 
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public 
Safety Communications Requirements Through the Year 2010, 22 FCC Rcd 20290 (2007) (Virginia Order).
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predates August 30, 2007 for which equipment has been received and/or deployed.”14 We next examine 
whether Arkansas satisfies these criteria.
6. In its Waiver Request, Arkansas makes a general claim of potential public harm should it 
be unable to continue to deploy additional narrowband operations following August 30, 2007.  Arkansas 
states that it is in the process of implementing a communication system, the Arkansas Wireless 
Information Network (AWIN), having deployed “four channels supporting high performance data, 219 
modems for high performance data, four base stations and approximately 9,000 subscriber units” and that 
it has scheduled full deployment of AWIN by March 31, 2008.15 Arkansas argues that it will not be able 
to meet the August 30, 2007 deadline due to the number of sites remaining to be built out and the limited 
availability of resources to perform the implementation.  According to Arkansas, it has invested 
approximately $73,407,947.00 in planning and implementing its 700 MHz system over the past five 
years.16 Arkansas states that the inability to fully use its planned system threatens the safety and lives of 
Arkansas first responders and the health and property of the public.17
7. Accordingly, we find that Arkansas has made a sufficient showing of “potential public 
harm,” based on its representation that its ability to respond to a public safety emergency would be 
compromised should it be unable to continue to deploy new narrowband operations outside of the 
consolidated narrowband channels.  We also find that Arkansas has provided sufficient “evidence of a 
comprehensive 700 MHz deployment plan that predates August 30, 2007, for which equipment has been 
received and/or deployed.”  Having satisfied the criteria established by the Commission in the Virginia 
Order, we find it to be in the public interest to grant Arkansas limited interim waiver relief to deploy new 
narrowband operations outside the consolidated bands following August 30, 2007, until the Commission 
resolves the outstanding narrowband issues pending in the Second Further Notice.  For the same reason, 
we defer ruling on the continued duration of this limited waiver relief, and whether Arkansas would be 
entitled to cost reimbursement for any new narrowband operations deployed following August 30, 2007.
8. Our decision to permit Arkansas to continue to place new narrowband radios into 
operation after August 30, 2007 is without prejudice to the Commission’s subsequent ruling on these 
outstanding waiver issues – including whether Arkansas would be entitled to reimbursement for the costs 
associated with relocating any additional narrowband operations outside of the consolidated narrowband 
channels that Arkansas deploys after August 30, 2007.  To the extent, however, that Arkansas is able to 
deploy in the consolidated bands and avoid the need for relocation, we encourage it to do so.  Such 
deployment would eliminate any future disruptions to operations due to the need to relocate, and would 
reduce the overall cost of the relocation process.18
  
14 Id. at ¶ 7.
15 Waiver Request at 2. 
16 Id. at 3. 
17 Id. at 2-3.
18 To the extent that waiver of any Commission rules would be required to enable immediate deployment in the 
consolidated bands, such requests may be filed in accordance with the Commission’s waiver rules, 47 C.F.R. § 
1.925.  We also note that public safety entities in need of commencing operations in advance of Commission 
approval of a 700 MHz regional plan should file a request for Special Temporary Authority.  See Public Safety and 
Homeland Security Bureau Reminds 700 MHz Regional Planning Committees of the January 31, 2008 Deadline to 
Amend 700 MHz Narrowband Plans and Provides Further Guidance, 22 FCC Rcd 21889, 21892 (2007).
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III. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that pursuant to sections 1, 4(i), 301, 303, and 332 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 301, 303, 332, and Section 1.925 of 
the Commission’s rules, 47 C.F.R. § 1.925, THIS ORDER in PS Docket No. 06-229 and WT Docket No. 
96-86 is ADOPTED.  
10. IT IS FURTHER ORDERED that the Waiver Request filed by the State of Arkansas on 
September 28, 2007 is GRANTED to the extent discussed herein, and that action on the Waiver Request 
is DEFERRED IN ALL OTHER RESPECTS.
11. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the 
Commission’s rules, 47 C.F.R. §§ 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
Derek K. Poarch
Chief
Public Safety and Homeland Security Bureau