Federal Communications Commission DA 12-1284 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
COUNTY OF BEDFORD, PENNSYLVANIA
Request for Waiver of Sections 2.106, 90.303, 
90.305(a), and 90.311 of the Commission’s Rules
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File Nos. 0003857496, 0004274304
ORDER
Adopted:  August 7, 2012 Released:  August 8, 2012
By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau:
I. INTRODUCTION
1. The County of Bedford, Pennsylvania (Bedford or the County) filed two applications and 
request for waiver for authority to to operate on several 470-512 MHz band (T-Band) frequencies in the 
television (TV) Channel 18 band (494-500 MHz).1 Specifically, Bedford seeks a waiver to operate more 
than 80 kilometers outside Pittsburgh, Pennsylvania, the maximum distance allowed under the 
Commission’s rules.2  For the reasons stated below, we deny the Waiver Request and dismiss the 
applications. 
II. BACKGROUND
2. In support of its Waiver Request, Bedford states, “although Bedford holds a number of 
UHF licenses in the 450-470 MHz range, there are not enough channels to allow implementation of the 
new system.”3 The County states that “[c]onsidering any band other than UHF could require first 
responders to carry two or more radios, compromising the goal of county-wide interoperability.”4  
Therefore, Bedford argues that its only alternative is to “utilize UHF spectrum shared with television 
stations.”5
  
1 See File Nos. 0003857496 (filed June 2, 2008, amended June 7, 2010) and 0004274304 (filed June 7, 2010) and 
attached “Application and Request for Waiver” (Waiver Request); “System Description, Request for Waiver, 
Request for Extended Implementation And Shared Infrastructure” (System Description); “UHF Channel Study For 
Bedford County, Pennsylvania” (UHF Study); “Television Channel Study, Bedford County, Pennsylvania” (TV 
Channel Study); and “Supporting Statement” (Supporting Statement).
2 See Supporting Statement at 1; see also 47 C.F.R. § 2.106, 90.303, 90.305(a), 90.311.  Bedford’s proposed base
stations are located between 116.5 and 148.0 kilometers (72.4 and 91.3 miles) from the Pittsburgh, Pennsylvania city 
center coordinates. Bedford also seeks waiver of Section 90.313(c), which requires a licensee to show that an 
assigned frequency pair is at full capacity before it may be assigned an additional frequency pair.  See System 
Description at 8; 47 C.F.R. § 90.313(c).
3 Waiver Request at 1.  See also UHF Study.
4 Waiver Request at 1.
5 Id. at 2.
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III. DISCUSSION
3. On February 22, 2012, the President signed the Middle Class Tax Relief and Job Creation 
Act of 2012 (Spectrum Act) into law.6  Section 6103 of the Spectrum Act provides that, not later than 
nine years after the date of enactment, the Commission shall reallocate T-Band spectrum “currently used 
by public safety eligibles.”7 On April 26, 2012, the Wireless Telecommunications Bureau and the Public 
Safety and Homeland Security Bureau (Bureaus) issued a public notice announcing a limited suspension 
of the acceptance and processing of certain T-Band applications.8 The Suspension Notice suspended the 
acceptance and processing of T-Band applications “in order to stabilize the existing spectral landscape 
while the Commission considers issues surrounding future use of the T-Band, solicits input from 
interested parties, and works to implement the directives of the Act.”9 In the Suspension Notice, the 
Bureaus stated that they would not accept or process applications “that would, if granted, tend to increase 
the degree to which the 470-512 MHz band is currently licensed,” including applications for new 
licenses.10
4. In light of the Spectrum Act and in accordance with the Suspension Notice, we find that 
Bedford’s applications would, if granted, increase the degree to which the T-Band is currently licensed
because the applications are for new licenses.  We deny Bedford’s waiver of Sections 2.106, 90.303, 
90.305(a), and 90.311 because, as explained in the Suspension Notice, it is not in the public interest for us 
to expand further T-Band encumbrance, especially into areas where Part 90 of the Commission’s rules 
does not permit T-Band operation.  Section 1.934(d)(2) of the Commission’s rules provides that an 
application containing a waiver request is defective if the Commission denies the waiver request and the 
application does not contain an alternative proposal that fully complies with the rules.11 Because Bedford 
submitted no such proposal, we dismiss Bedford’s applications as defective.12  
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED pursuant to Sections 4(i) of the Communications Act of 
1934, as amended, 47 U.S.C. § 154(i), and Section 1.925 of the Commission’s rules, 47 C.F.R. § 1.925, 
that the Waiver Request associated with application File Nos. 0003857496 and 0004274304, filed by the 
County of Bedford, Pennsylvania on June 2, 2008, as amended, IS DENIED.  
6. IT IS FURTHER ORDERED that application File Nos. 0003857496 and 0004274304 
ARE DISMISSED consistent with this Order and the Commission’s rules.
  
6 See Pub. L. No. 112-96, 126 Stat. 156 (2012) (Spectrum Act).  
7 Spectrum Act, § 6103(a).  The Act further instructs the Commission to “begin a system of competitive bidding 
under Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new initial licenses for the use 
of the spectrum.”  Id. It also provides that “relocation of public safety entities from the T-Band Spectrum” shall be 
completed not later than two years after completion of the system of competitive bidding. Id., § 6103(b), (c).
8 Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau Suspend the Acceptance 
and Processing of Certain Part 22 and 90 Applications for 470-512 MHz (T-Band) Spectrum, Public Notice, 27 FCC 
Rcd 4218 (WTB/PSHSB 2012) (Suspension Notice).   
9 Id. at 1.  
10 Id. at 2.
11 47 C.F.R. § 1.934(d)(2).
12 Suspension Notice at 2.  
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7. 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
Thomas J. Beers
Chief, Policy and Licensing Division 
Public Safety and Homeland Security Bureau