Federal Communications Commission DA 15-476
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Proposed Amendments to the Service Rules
Governing Public Safety Narrowband Operations in
the 769-775/799-805 MHz Bands
National Public Safety Telecommunications
Council Petition for Rulemaking on Aircraft Voice
Operations at 700 MHz
National Public Safety Telecommunications
Council Petition for Rulemaking to Revise 700
MHz Narrowband Channel Plan
Region 24 700 MHz Regional Planning
Committee Petition for Rulemaking
State of Louisiana Petition for Rulemaking
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PS Docket No. 13-87
RM-11433
WT Docket No. 96-86
PS Docket No. 06-229
RM-11577
ORDER 
Adopted:  April 20, 2015 Released: April 20, 2015
By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau:
1. Under consideration is the Request for an Extension of Time (Request) filed March 30, 
2015 by the National Regional Planning Council (NRPC).
1
  The NRPC notes that in the Commission’s 
Report and Order released October 24, 2014 in the captioned proceedings,
2
the Commission directed 
Regional Planning Committees (RPC) to amend their regional plans within six months of publication of 
the Report and Order in the Federal Register
3
to conform those regional plans to the rules adopted in the 
Report and Order.  The NRPC, however, submits that six months “has been found to be an insufficient 
amount of time given the information each region must have to modify its 700 MHz plan.”
4
  More 
specifically, the NRPC points out that it was not until March 2, 2015 that the Commission issued a Public 
Notice seeking comment on recommended nationwide channels for deployable trunked systems in the
narrowband public safety segment of the 700 MHz band.
5
  Absent the information contained in the Public 
                                                     
1
Request for an Extension of Time (Request) filed March 30, 2015 by the National Regional Planning Council 
(Request).  Although styled as a request for extension of time, we treat the NRPC request as a request for waiver.
2
  Proposed Amendments to the Service Rules Governing Public Safety Narrowband Operations in the 769-775/799-
805 MHZ Bands, Report and Order, 29 FCC Rcd 13283 (2014) (Report and Order).
3
A summary of the Report and Order was published in the Federal Register on Dec. 2, 2014, 79 Fed. Reg. 71321-
01 (2014).
4
Request at 1.
5
Public Safety and Homeland Security Bureau Seeks Comment of Recommended Nationwide Channels for 
Deployable Trunked Systems in the 700 MHz Narrowband Public Safety Band, Public Notice, ___FCC Rcd ___, 
DA 15-278 (PSHSB rel. Mar. 2, 2015).  Comments on the Public Notice were due April 2, 2015.  Reply Comments 
are due on April 17, 2015. 
Federal Communications Commission DA 15-476
2
Notice, the NRPC contends that the RPCs could not “begin to determine whether they will modify their 
plans accordingly and how they not only will plan to utilize the 700 MHz Nationwide Deployable 
Channels but also the remaining former Reserve channels that have been converted to General Use and 
the use of which is required to be reflected in the proposed 700 MHz plan modification.”
6
2. The NRPC submits that the time necessary to modify a regional plan, obtain regional 
approval and the approval of neighboring regions makes it impracticable to have all plans completed by 
June 2, 2015 – the date six months after publication of the Report and Order in the Federal Register.  
Although the NRPC characterized its request as for an extension of time, it is, in substance, a request for 
waiver of the Commission’s requirement that regional plans be amended within six months; and, 
accordingly, we treat it as such.
3. 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 waiver would be in the public interest;
7
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, or the applicant has no reasonable alternative.
8
  An 
applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and 
circumstances that warrant a waiver.
9
  Based on the record before us, we find that the NRPC has shown 
that its request should be granted in part under the first prong of the waiver standard.    
4. The underlying purpose of the six month deadline is to facilitate the licensing of the 
former reserve spectrum to meet a variety of regional, state and local public safety needs.
10
  Indeed, the 
Commission provided that in the event that an RPC does not amend its Regional Plan within six months 
from the publication of this Report and Order in the Federal Register to include channels for deployable 
trunked systems, the channels shall revert to General Use without further action by the Commission.
11
  
Some RPCs may require additional time to amend their plans.  Thus, we find that the NRPC has justified 
a waiver, but not for the length requested.  Ultimately, implementation of the decisions set out in the 
Report and Order – and realization of the public interest benefits that stem from those decisions – hinges 
on timely action by the RPCs.  Therefore, we extend the date by which amended regional plans must be 
filed with the Commission to October 30, 2015.  We believe this brief waiver will promote the public 
interest in ensuring the efficient and effective use of the former reserve channels to meet public safety
needs.
12
                                                     
6
Request at 1-2.
7
47 C.F.R. § 1.925(b)(3)(i).
8
47 C.F.R. § 1.925(b)(3)(ii).
9
WAIT Radio v. FCC, 413 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio), aff’d, 459 F.2d 1203 (1973), cert. 
denied, 409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 
1968)); Birach Broad. Corp., Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 (2003).
10
See Report and Order, 29 FCC Rcd at 13400 ¶ 46 and note 112.
11
Id. at 13400 ¶ 46.
12
For example, in revising the band plan for the public safety 700 MHz band, the Commission required RPCs with 
approved plan or plans on file to submit amended plans consistent with the consolidated public safety narrowband 
allocation.  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 ¶ 346 (2007).  On November 9, 2007, the Public Safety and 
Homeland Security Bureau (Bureau) extended the deadline for RPCs to submit amended plans, consistent with the 
consolidated narrowband allocation to January 31, 2008, and provided additional guidance for the development of 
plan amendments. See Public Safety and Homeland Security Bureau Announces the Availability of Revised 
(continued….)
Federal Communications Commission DA 15-476
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5. Accordingly, IT IS ORDERED, pursuant to Section 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 Request for an Extension of Time, treated as a request for waiver , filed March 30, 2015 by the 
National Regional Planning Council IS GRANTED IN PART.
6. IT IS FURTHER ORDERED that Regional Planning Committees SHALL FILE 
amended regional plans as herein directed no later than October 30, 2015.
7. This action is taken under delegated authority pursuant to Sections 0.191(a) and 0.392 of 
the Commission's Rules, 47 C.F.R. §§ 0.191(a), 0.392.
FEDERAL COMMUNICATIONS COMMISSION
Michael J. Wilhelm
Deputy Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau 
(Continued from previous page)                                                            
Channelization Plans for the Consolidated 700 MHz Public Safety Narrowband Spectrum, Public Notice, 22 FCC 
Rcd 17775 (PHSHB 2007).