Federal Communications Commission
Washington, D.C. 20554
January 13, 2014
Ms. Laura Stefani
Mr. Joseph A. Godles
Goldberg, Godles, Wiener & Wright LLP
1229 19th Street, N.W.
Washington, D.C. 20036 DA 15-42
Re:  Request by Itron, Inc. for Waivers of the Commission's Rules
Dear Ms. Stefani and Mr. Godles: 
In this letter, we deny Itron, Inc.’s (Itron’s) request for waivers of certain of the Commission's 
rules
1
to operate a half-duplex, non-paging system using its licensees in the 931 MHz band.
2
  As 
explained below, Itron has not shown under sections 1.3 or 1.925 of the Commission’s rules
3
that waiver 
is warranted in this instance.
I. BACKGROUND
In 2010, the Wireless Telecommunications Bureau (Bureau) auctioned 9,603 geographic-area 
paging licenses, with 1,851 of those licenses being in the upper paging bands (929-931 MHz).
4
In 
announcing Auction 87, the Bureau explained that pre-existing paging incumbent licenses existed in the
bands, and these “[i]ncumbent (non-geographic) paging licensees operating under their existing 
authorizations are entitled to full protection from co-channel interference.”
5
  Itron was the winning bidder 
                                                          
1
In its waiver request, Itron seeks waiver of 47 C.F.R. §§ 22.355, 22.515, 22.531, and 22.561.  In the Public Notice
the Commission issued in connection with Itron’s waiver request, we stated that “[i]t appears to us that section 
22.561 does not apply to Itron’s requested waiver, since that rule section does not apply to 931 MHz band paging 
operations.”  Wireless Telecommunications Bureau Seeks Comment on Itron, Inc. Request for Waivers of Part 22 
Rules to Facilitate Provision of Non-Paging Operations Over 931 MHz Licenses, Public Notice, WT Docket No. 13-
195, 28 FCC Rcd 11829, 11829 (2013) (Itron Public Notice).  We further stated that “it does appear that Itron might 
require a waiver of section 22.531 in order to conduct its half-duplex operations, and we therefore will treat Itron’s 
filings as seeking a waiver of section 22.531 (instead of section 22.561) to the extent necessary.”  Id.  We continue 
to treat Itron’s waiver request as seeking a waiver of section 22.531 rather than section 22.561 where applicable.
2
Itron, Inc. Request for Waiver, WT Docket No. 13-195, filed Dec. 17, 2012 (Itron Request).  The Itron Request is 
attached to the Universal Licensing System (ULS) record for each of those licenses.  See 
http://wireless.fcc.gov/uls/index.htm?job=home.  Each license’s Call Sign is listed in Attachment 1.
3
47 C.F.R. §§ 1.925(b)(3), 1.3. 
4
See Auction of Lower & Upper Paging Bands Licenses Scheduled for May 25, 2010, Public Notice, 25 FCC Rcd 
6156 (2009) (Auction 87 Announcement PN).  
5
Auction 87 Announcement PN at 6157 ¶ 6 (citing Revision of Part 22 and Part 90 of the Commission’s Rules to 
Facilitate Future Development of Paging Systems, Implementation of Section 309(j) of the Communications Act –
Competitive Bidding, WT Docket No. 96-18, Memorandum Opinion and Order on Reconsideration and Third 
Report and Order, 14 FCC Rcd 10030, 10059-60 ¶¶ 42-44 (1999); Revision of Part 22 and Part 90 of the 
Commission’s Rules to Facilitate Future Development of Paging Systems, Implementation of Section 309(j) of the 
Communications Act – Competitive Bidding, WT Docket No. 96-18, Second Report and Order and Further Notice of 
Proposed Rulemaking, 12 FCC Rcd 2732, 2764 ¶¶ 57-58 (1997); 47 C.F.R. § 22.503(i)).
2in Auction 87 for 155 Major Economic Areas paging licenses in the 931 MHz band,
6
and the Bureau
granted the licenses on November 3, 2010.
7
  On December 17, 2012, pursuant to sections 1.3 and 1.925 of 
the Commission’s rules, Itron filed the Itron Request so that it may use its paging licenses to support and 
improve its automatic meter reading (AMR) and advanced metering infrastructure (AMI) systems.
8
The 
Itron Request includes a two-page technical statement in support of its claim that its system poses no 
interference risk to other paging licensees.
9
In its Request, Itron seeks three sets of waivers.
10
  “First, to the extent necessary, Itron requests a 
waiver of Sections 22.[531] and 22.515 of the rules permitting it to engage in half-duplex transmissions 
so that there can be communications both to and from Itron's meter modules.”
11
Section 22.515 provides 
that, for all paging services, “[m]obile stations may communicate only with and through base stations.  
Base stations may communicate only with mobile stations and receivers on land or surface vessels.”
12
  
Section 22.531 provides that “[t]he following channels [specifically including 931 MHz frequencies] are 
allocated for assignment to base transmitters that provide paging service . . . .”
13
  Itron argues that a 
waiver of these two rules, if needed, would serve the public interest by enabling utilities to conduct time 
and frequency synchronization of their systems, improve control of the overall system, conduct on-
demand reads, and communicate with hard-to-reach customer premises end points, and otherwise make it 
possible for Itron to provide smart grid services in support of utilities.
14
“Second, Itron requests a waiver, to the extent necessary, of Section 22.531 of the Commission's 
rules so it may provide non-paging data services.”
15
  As stated above, section 22.531 limits the 
assignment of channels in the 931 MHz band to base transmitters that provide paging service, as opposed 
to the type of non-paging data service Itron proposes.  Itron states that grant of a waiver of section 22.531 
here would be in keeping with the Commission’s policies favoring flexible use of spectrum, including the 
Part 22 paging spectrum, and where the spectrum might otherwise lie fallow.
16
“Finally, Itron seeks a waiver of Section 22.355, to permit fixed and mobile stations operating 
with an ERP of less than 2 watts to be subject to a frequency tolerance of 5 ppm rather than 1.5 ppm.”
17
  
                                                          
6
See Auction of Lower & Upper Paging Bands Licenses Closes Winning Bidders Announced for Auction 87, 
Public Notice, 25 FCC Rcd 18164 (2010).
7
See Wireless Telecommunications Bureau Grants Lower & Upper Paging Bands Licenses, Public Notice, 25 FCC 
Rcd 15324 (2010).
8
Itron Request at 1, 2.  Specifically, Itron seeks “to provide service, on a non-common carrier basis, to support fixed 
and mobile functions, including smart grid functions, such as system monitoring, system control, and smart 
metering.”  Id. at 2.
9
See Technical Statement of Dan Seely in Support of ltron's Request for Waiver of Section 22.355 of the 
Commission's Rules to Permit Operation of Low Power Stations at a Frequency Tolerance of 5 PPM (Itron 
Technical Statement).
10
See Itron Request at 3.
11
Id.
12
47 C.F.R. § 22.515.
13
47 C.F.R. § 22.531.
14
See Itron Request at 5-6.
15
Id. at 3. 
16
See id. at 7-8.
17
Id. at 3.
3Section 22.355 of the Commission’s rules
18
requires that, as relevant to Itron’s proposed 931 MHz band 
operations, the carrier frequency of each transmitter must satisfy a frequency tolerance limit of 1.5 ppm. 
Itron seeks a waiver of section 22.355 so that its customer premises end points and readers employing 
frequencies in the 931 MHz band would be subject to a frequency tolerance limit of 5 ppm.
19
  Itron asserts 
that its need for this waiver arises from certain system design constraints and the requirements of its 
utility customers.
20
  Itron notes that for a large percentage of time, Itron’s customer premises end points 
and readers will satisfy the 1.5 ppm standard.
21
  Itron contends that certain technical factors would 
mitigate any potential adverse impact from grant of the requested waiver, including the narrow bandwidth 
used by the customer premises end points and readers and their low power levels (less than two watts 
Effective Radiated Power).
22
Despite its stated request for waivers, however, Itron also asserts that waiver of sections 22.515 
and 22.531 of the Commission’s rules should not be necessary to permit its half-duplex operations.
23
  
Itron argues that its proposed non-paging data “operations arguably are consistent with these limitations,” 
because, “at any point in time, each transmission path on Itron’s system will be inactive or will be used to 
send messages in only a single direction either [(a)] from a fixed or mobile reader to a fixed customer 
premises end point or repeater or [(b)] from a fixed customer premises end point or repeater to a fixed or 
mobile reader.”
24
  Itron also asserts that “[n]either section 22.531 nor the Commission’s Table of 
Frequency Allocations expressly prohibits the assignment of [931 MHz] channels to stations that do not 
provide paging.”
25
  Itron therefore contends that because data services in the 931 MHz band is not 
prohibited by rule, a waiver of section 22.531 is not necessary for it to provide non-paging data services.
26
  
On August 8, 2013, the Bureau issued a Public Notice seeking comment on the Itron Request.
27
  
Two parties submitted comments in response to the Itron Request, USA Mobility, Inc. (USA Mobility)
28
and Space Data Corporation (Space Data).
29
  USA Mobility opposes the Itron Request, stating that “the 
proposed waivers would present a potentially serious risk of interference with USA Mobility’s paging 
systems, which are vital to hospitals, emergency responders, and other public safety officials.”
30
  USA 
Mobility also argues that Itron should obtain two-way paging licenses to conduct its service “rather than 
                                                          
18
47 C.F.R. § 22.355.
19
See Itron Request at 9.
20
See id. 
21
See id. at 10. 
22
See id.  The Itron Technical Statement specifically supports Itron’s request for waiver of section 22.355.
23
See id. at 5.
24
Id.  Itron states that its network includes customer premises end points located on utility meters and readers that 
are used to collect information from the customer premises end points and relay information to them.  See id. at 3-4.
25
Id. at 7.
26
See id.
27
Itron Public Notice.
28
Comments of USA Mobility, Inc., WT Docket No. 13-195, filed Sept. 9, 2013 (USA Mobility Comments).
29
Comments of Space Data Corporation, WT Docket No. 13-195, filed Sept. 24, 2013.  Space Data took no position 
on the merits of the Itron Request.  See id. at 1.  Rather, it took the “opportunity to discuss the importance of smart 
grid and other critical infrastructure initiatives, and the availability of narrowband personal communications service 
(“NPCS”) spectrum that can help advance those initiatives.”  Id.  That issue is outside the scope of this letter and 
therefore is not addressed herein.
30
USA Mobility Comments at 1.
4seeking a fundamental repurposing of the one-way spectrum it acquired,” and that a rulemaking 
proceeding would be more appropriate here given that these waiver requests would result in “fundamental 
changes to the technical rules governing one-way paging frequencies . . . .”
31
  Itron filed comments in 
reply to USA Mobility
32
reiterating its belief that “[t]he Commission’s rules do not even require one-way 
communications on Itron’s frequencies,” and that “[e]ven if there were a one-way requirement, Itron’s 
half-duplex operations will be one-way, [because a]t any given time, each of Itron’s transmission paths 
will be inactive or will be used to send messages in only a single direction.”
33
  Itron also states that “USA 
Mobility’s technical arguments do not withstand scrutiny,” and that its system “has less interference 
potential than a traditional paging system operating with maximum facilities.”
34
  In addition, Itron argues 
that the USA Mobility Comments are procedurally flawed because USA Mobility provides no 
engineering statement in support of its technical arguments, and because “USA Mobility has not satisfied 
the requirement for an affidavit or declaration from a person with personal knowledge of the facts 
asserted.”
35
II. DISCUSSION
As a threshold matter, we disagree with Itron that it does not need a waiver of section 22.531 of 
the Commission’s rules.
36
  Section 22.531 provides that systems operating in the 931MHz band only may 
transmit through base transmitters, whereas Itron proposes operations by which it would utilize non-base 
transmitters.
37
  As Itron’s proposed operations do not fit within the architecture put in place by section 
22.531, we find that Itron would, indeed, require a waiver of section 22.531 in order to operate its half-
duplex non-paging system.
We now turn to the merits of whether Itron has met the waiver standards of sections 1.925 or 1.3
of the Commission’s rules.
38
  Pursuant to section 1.925, waiver may be granted if the petitioner 
establishes that: (1) the underlying purpose of the rule(s) would not be served or would be frustrated by 
application to the instant case, and the grant of the waiver would be in the public interest; or (2) in light of
unique or unusual factual circumstances, application of the rule(s) would be inequitable, unduly 
burdensome or contrary to the public interest, or the applicant has no reasonable alternative.
39
  In addition, 
the Commission may waive any provision of its rules if good cause is shown.
40
  We find that Itron has not 
met its burden under either rule.
Taken together, the rules that govern the operation of 931 MHz systems provide protection to co-
channel site-based incumbents, co-channel geographic licensees, and adjacent-channel licensees from 
inference caused by a 931 MHz licensee.  This interference-protection paradigm presumes that 
transmissions will be solely through base transmitters.  As we described above, however, Itron’s proposed 
                                                          
31
Id. at 1-2.
32
Reply of Itron, Inc., WT Docket No. 13-195, filed Sept. 24, 2013 (Itron Reply).
33
Id. at 2-3. 
34
Id. at 3,11. 
35
Id. at 2. 
36
See Itron Request at 5; Itron Reply at 6-8.
37
Section 22.99 defines a base transmitter as “[a] stationary transmitter that provides radio telecommunications 
service to mobile and/or fixed receivers, including those associated with mobile stations.” 
38
47 C.F.R. § 1.925; 47 C.F.R. § 1.3
39
47 C.F.R. § 1.925(b)(3).
40
47 C.F.R. § 1.3.
5operations appear to use a different communications architecture than the one contemplated by our rules
(i.e., one involving mobiles and other non-base transmitters).  Itron has not described how it envisions the 
interference-protection paradigm our rules have set in place for 931 MHz licenses (which allows only for 
base station transmissions) would apply in this context.  For example, it is unclear how Itron proposes to 
provide co-channel protection to other licensees from its mobile transmissions.  And while the Itron 
Technical Statement demonstrates protection to adjacent channel licensees, we find that Itron has not 
sufficiently shown how it would protect co-channel site-based incumbents or co-channel geographic area 
licensees from harmful interference (as required by section 22.503
41
).  Itron therefore has not shown that a 
waiver here would be consistent with the underlying purpose of the rules it seeks to waive, namely 
interference protection to other licensees, and so has not met the burden of the first prong of section 
1.925(b)(3). In addition, Itron’s public interest arguments do not overcome its failure to demonstrate how 
it would provide adequate protection from interference to other, protected paging licensees given its novel 
architecture.  Itron makes no arguments that any unique or unusual factual circumstances exist such that 
application of the rules would be inequitable, unduly burdensome, or contrary to the public interest, nor 
has it argued that it has no reasonable alternative; it therefore also fails to meet the second prong of 
1.925(b)(3). Finally, in light of its failure to show that it will not cause interference to co-channel 
licensees, we find that Itron has failed to establish “good cause” for a waiver pursuant to section 1.3.  As 
such, we deny Itron’s request for waiver of sections 22.515, 22.531, and 22.355.
Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 303(r) of the Communications 
Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and sections 0.331, 1.3, and 1.925 of the 
Commission’s rules, 47 C.F.R. §§ 0.331, 1.3, 1.925, the Itron Request is DENIED.  
Sincerely,
Roger S. Noel
Chief, Mobility Division
Wireless Telecommunications Bureau
Federal Communications Commission
                                                          
41
47 C.F.R. § 22.503.
6Attachment 1
List of Itron 931 MHz Licenses
Call Sign Market Code Channel Block
1. WQMX694 MEA001 AL
2. WQMX695 MEA001 AM
3. WQMX696 MEA001 AN
4. WQMX697 MEA002 AP
5. WQMX698 MEA002 AQ
6. WQMX699 MEA002 BK
7. WQMX700 MEA003 AC
8. WQMX701 MEA003 AF
9. WQMX702 MEA003 AG
10. WQMX703 MEA004 AP
11. WQMX704 MEA004 AZ
12. WQMX705 MEA004 BK
13. WQMX706 MEA005 AJ
14. WQMX707 MEA005 AM
15. WQMX708 MEA005 AN
16. WQMX709 MEA005 BK
17. WQMX710 MEA006 AP
18. WQMX711 MEA006 AQ
19. WQMX712 MEA006 BF
20. WQMX713 MEA007 AC
21. WQMX714 MEA007 AG
22. WQMX715 MEA007 AM
23. WQMX716 MEA008 AW
24. WQMX717 MEA008 AY
25. WQMX718 MEA008 AZ
26. WQMX719 MEA009 AA
27. WQMX720 MEA009 AB
28. WQMX721 MEA009 AC
29. WQMX722 MEA010 AA
30. WQMX723 MEA010 AB
31. WQMX724 MEA010 AC
32. WQMX725 MEA011 AG
33. WQMX726 MEA011 AM
34. WQMX727 MEA011 BD
35. WQMX728 MEA012 AC
36. WQMX729 MEA012 AJ
37. WQMX730 MEA012 AK
38. WQMX731 MEA012 AL
39. WQMX732 MEA013 AB
40. WQMX733 MEA013 AC
41. WQMX734 MEA013 AG
42. WQMX735 MEA014 AB
743. WQMX736 MEA014 AC
44. WQMX737 MEA014 AG
45. WQMX738 MEA015 AF
46. WQMX739 MEA015 AG
47. WQMX740 MEA015 AH
48. WQMX741 MEA015 AI
49. WQMX742 MEA016 AB
50. WQMX743 MEA016 AY
51. WQMX744 MEA016 AZ
52. WQMX745 MEA016 BK
53. WQMX746 MEA017 AA
54. WQMX747 MEA017 AB
55. WQMX748 MEA017 AC
56. WQMX749 MEA018 AG
57. WQMX750 MEA018 BI
58. WQMX751 MEA018 BK
59. WQMX752 MEA019 AP
60. WQMX753 MEA019 BB
61. WQMX754 MEA019 BC
62. WQMX755 MEA020 AF
63. WQMX756 MEA020 AG
64. WQMX757 MEA020 BJ
65. WQMX758 MEA020 BK
66. WQMX759 MEA021 AA
67. WQMX760 MEA021 AB
68. WQMX761 MEA021 AO
69. WQMX762 MEA022 AA
70. WQMX763 MEA022 AB
71. WQMX764 MEA022 AC
72. WQMX765 MEA023 AA
73. WQMX766 MEA023 AB
74. WQMX767 MEA023 AC
75. WQMX768 MEA024 BH
76. WQMX769 MEA024 BI
77. WQMX770 MEA024 BJ
78. WQMX771 MEA025 AA
79. WQMX772 MEA025 AB
80. WQMX773 MEA025 AC
81. WQMX774 MEA026 AA
82. WQMX775 MEA026 AB
83. WQMX776 MEA026 AG
84. WQMX777 MEA027 AA
85. WQMX778 MEA027 AG
86. WQMX779 MEA027 AJ
87. WQMX780 MEA027 AK
88. WQMX781 MEA028 AA
89. WQMX782 MEA028 AB
890. WQMX783 MEA028 AC
91. WQMX784 MEA028 AG
92. WQMX785 MEA029 AA
93. WQMX786 MEA029 AB
94. WQMX787 MEA029 AF
95. WQMX788 MEA030 AA
96. WQMX789 MEA030 AB
97. WQMX790 MEA030 AK
98. WQMX791 MEA031 AA
99. WQMX792 MEA031 AE
100. WQMX793 MEA031 AJ
101. WQMX794 MEA031 AK
102. WQMX795 MEA032 AE
103. WQMX796 MEA032 AG
104. WQMX797 MEA032 AW
105. WQMX798 MEA033 AF
106. WQMX799 MEA033 AZ
107. WQMX800 MEA034 AA
108. WQMX801 MEA034 AB
109. WQMX802 MEA034 AF
110. WQMX803 MEA035 BE
111. WQMX804 MEA035 BI
112. WQMX805 MEA035 BK
113. WQMX806 MEA036 AA
114. WQMX807 MEA036 AB
115. WQMX808 MEA036 AC
116. WQMX809 MEA037 BC
117. WQMX810 MEA037 BD
118. WQMX811 MEA037 BE
119. WQMX812 MEA038 AD
120. WQMX813 MEA038 AE
121. WQMX814 MEA038 AW
122. WQMX815 MEA039 AD
123. WQMX816 MEA039 AI
124. WQMX817 MEA040 AL
125. WQMX818 MEA040 AY
126. WQMX819 MEA040 BC
127. WQMX820 MEA040 BF
128. WQMX821 MEA041 AJ
129. WQMX822 MEA041 AK
130. WQMX823 MEA041 AL
131. WQMX824 MEA041 BK
132. WQMX825 MEA042 AJ
133. WQMX826 MEA042 AM
134. WQMX827 MEA042 BE
135. WQMX828 MEA043 AI
136. WQMX829 MEA043 AJ
9137. WQMX830 MEA043 AN
138. WQMX831 MEA043 AW
139. WQMX832 MEA044 AD
140. WQMX833 MEA044 AO
141. WQMX834 MEA044 AW
142. WQMX835 MEA045 AV
143. WQMX836 MEA045 AW
144. WQMX837 MEA045 AX
145. WQMX838 MEA046 AT
146. WQMX839 MEA046 AU
147. WQMX840 MEA046 AV
148. WQMX841 MEA047 AA
149. WQMX842 MEA047 AB
150. WQMX843 MEA047 AC
151. WQMX844 MEA048 AF
152. WQMX845 MEA048 AG
153. WQMX846 MEA048 AH
154. WQMX847 MEA050 AA
155. WQMX848 MEA050 AB