Federal Communications Commission DA 18-1139 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of State of Wisconsin ) ) ) ) ) ) ) ) ) ) ) File Nos. 0007838020, 0007838021, 0007838022, 0007838023, 0007838024, 0007838025, 0007838026, 0007838027, 0007838028, 0007838029, 0007838030, 0007838031, 0007838032, 0007838033, 0007838034, 0007838035, 0007838036, 0007838037, 0007838038, 0007838039, 0007838040, 0007838041, 0007838042, 0007838043, 0007838044 ORDER AND PROPOSED ORDER OF MODIFICATION Adopted: November 13, 2018 Released: November 13, 2018 By the Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. In this Order, the Mobility Division (Division) of the Wireless Telecommunications Bureau (Bureau) addresses a Petition for Reconsideration filed by the State of Wisconsin (Wisconsin or the State). Wisconsin asks that the Division reconsider our denial of its request to extend the deadline for filing its construction notifications for twenty-five Part 22 Paging (paging) licenses operating as a part of Wisconsin’s statewide, interoperable public safety communications network. Petition for Reconsideration (filed Feb. 6, 2018) (Petition for Reconsideration) (regarding call signs WQMS406, WQMS407, WQMS408, WQMS409, WQMS410, WQMS412, WQMS413, WQMS417, WQMS418, WQMS420, WQMS421, WQMS422, WQMS423, WQMS424, WQMS425, WQMS442, WQMS445, WQMS448, WQMS450, WQMS453, WQMS454, WQMS455, WQMS456, WQMS457, and WQMS458). The deadline for filing construction notifications is found at Section 22.503(k) of the Commission’s rules. Wisconsin asks that the Division either grant an extension of time in which to file construction notifications, accept its earlier 2016 construction notifications, or allow the State to file a petition for waiver of its construction requirements. Id. at 3. For the reasons stated below, the Division denies the Petition for Reconsideration, affirming our earlier finding that Wisconsin makes no showing that an extension is warranted and did not satisfy the construction requirement for the licenses at issue. 2. Based on our review of the record, however, we find on our own motion that the public interest supports a partial waiver of the construction requirements for fourteen of the twenty-five licenses at issue, as well as of relevant technical rules to the extent necessary to permit continued operation of the frequencies that were in use as of July 3, 2017. We also find that the public interest supports a limited grant of special temporary authority to operate while the State brings the system into compliance with our rules. In light of these waivers, we propose to modify the geographic license area for the fourteen licenses that are the subject of the partial waiver. The technical waivers are conditioned on Wisconsin obtaining consent of relevant other licensees. We conclude that such relief is in the public interest given the unique factual circumstances involved and that the conditions will promote use of spectrum for important public safety functions, while protecting against harmful interference to adjacent licensees. I. BACKGROUND 3. Construction Requirements. Section 22.503(k) of the Commission's rules requires a Part 22 paging licensee to construct and operate sufficient facilities to cover one-third of the population in its paging geographic area no later than three years after the initial grant of its license, and cover two-thirds of the population within the final five-year deadline. 47 CFR § 22.503(k). A licensee may notify the Commission at the three-year deadline that it elects the alternative of providing “substantial service” in the paging geographic area by the five-year construction deadline for the license. Id. § 22.503(k)(1). Section 22.503(k)(3) defines “substantial service” as service that is “sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal.” Id. § 22.503(k)(3). If a licensee fails to make the required showing, the license automatically terminates as of the construction deadline. Id. § 22.503(k). Licensees must file separate notifications showing they have met the construction requirements for each license. Guidance on Compliance with Construction Requirements for Auction 95 Paging & Radiotelephone Serv. Licenses, Public Notice, 31 FCC Rcd. 11664, 11665 (WTB 2016) (Auction 95 Guidance Public Notice), citing ATT: Jeff Sohn, Letter, 27 FCC Rcd 5864, 5865 (WTB 2012), Cingular Interactive, L.P., Showing of Substantial Service Pursuant to Section 90.665(c), File No. 0000226552, Order, 16 FCC Rcd 19200, 19203 (WTB 2001). 4. Canadian Coordination Requirements. The Commission is bound by international agreement to coordinate with the Canadian government when a U.S. applicant proposes to operate stations north of “Line A” using frequencies in the 30-174 MHz band. See 47 CFR § 1.928 (Commission rules on frequency coordination with Canada) and 47 CFR § 90.7 (definition of Line A). Line A is an imaginary line within the U.S. approximately paralleling the U.S.-Canadian border. 47 CFR §§ 1.928(e), 90.7. Licensees may not include a transmitter site located north of Line A for the purpose of meeting their construction obligations until Canada has approved the proposed site. Auction 95 Guidance Public Notice, 31 FCC Rcd at 11665. 5. Procedural History. In 2010, the Commission held Auction 87 for licenses in the lower and upper paging bands. See Wireless Telecommunications Bureau Grants Lower & Upper Paging Bands Licenses, Public Notice, 25 FCC Rcd 15324 (2010). The twenty-five licenses at issue here transmit on Part 22 VHF paging channels and were granted to the State of Wisconsin on November 3, 2010, creating a three-year construction deadline of November 3, 2013 and a five-year deadline of November 3, 2015. Id. 6. At the three-year interim construction deadline, Wisconsin filed a timely notification asserting that it had already met the two-thirds population coverage requirement for all twenty-five licenses. Letter from Division of State Patrol, Bureau of Public Security and Communications, Wisconsin Department of Transportation to Federal Communications Commission, File No. 0005987269 (Oct. 28, 2013). In December 2013, however, Wisconsin separately filed amendments under each call sign, instead electing to demonstrate “substantial service” by the five-year deadline. See, e.g., Letter from Carl Guse, WISCOM System Manager Wisconsin State Patrol, WISCOM Network Operations Center, to Federal Communications Commission, File No. 0005987269 (Dec. 11, 2013). 7. Wisconsin failed to make the final construction filings by the deadline of November 3, 2015, causing the licenses to automatically move into termination pending status. On January 8, 2016, Wisconsin filed a petition for reconsideration of the public notice placing the licenses in termination pending status. Petition for Reconsideration (filed Jan. 8, 2016). Staff notified Wisconsin on March 15, 2016, that the petition did not provide information demonstrating that Wisconsin had met its substantial service obligation, and allowed the State an additional sixty days to supplement the petition with the required showings. On May 14, 2016, Wisconsin filed supplemental information purporting to show substantial service, though none of the call signs showed coverages greater than 10 percent of the population. In addition, one site was above Line A but had not completed international coordination. Petition for Reconsideration – Additional Information (filed May 14, 2016). The State has since completed Canadian coordination for the site. See ULS File No. 0008285129 (Call Sign WQMS407). 8. On July 25, 2016, the Division notified Wisconsin that its filings did not show substantial service sufficient to meet the construction requirement, and granted on our own motion a waiver and extension of the deadline to July 3, 2017 (the extended construction deadline), similar to relief given to certain other paging licensees. Letter from Keith Harper, Associate Chief, Mobility Division, Wireless Telecommunications Bureau to James Westover, Statewide Frequency Coordinator, State of Wisconsin (July 25, 2016). The extension letter explained that the additional time was to allow Wisconsin to either meet the substantial service requirements for the entire market area, or to file applications partitioning the license, cancelling the unused license area, and filing a construction notification demonstrating substantial service for the retained license area. Id. at 2. 9. On June 30, 2017, Wisconsin filed a request seeking an extension of the deadline to December 31, 2017, citing state budget issues, loss of sites, and other factors, and asserting that “the State is not seeking an extension to complete construction but is simply asking for additional time to report the construction.” The filing stated that the State would be filing construction notifications on a rolling basis between July and December 2017, but no such notifications were actually filed. State of Wisconsin – Request for Extension of Build-Out Notification, File No. 0007838029 (June 30, 2017). 10. On January 5, 2018, the Division denied Wisconsin’s extension request, finding that Wisconsin made no showing that a waiver or extension was warranted, that it had to date not filed any construction notifications despite its commitment to do so in its waiver requests, and that there had been no effort during the six months since the filing of the extension requests to file any of the required construction notifications. Letter from Roger Noel, Chief, Mobility Division, Wireless Telecommunications Bureau to James Westover, Statewide Frequency Coordinator, State of Wisconsin (Jan. 5, 2018). The licenses were placed in termination pending status on January 10, 2018. 11. State of Wisconsin’s Petition for Reconsideration. On February 6, 2018, Wisconsin filed the Petition for Reconsideration under consideration here, claiming that the termination of the licenses will cause a hardship to thousands of public safety users and adversely affect the statewide public safety trunked radio system. Petition for Reconsideration at 2. Wisconsin states that the loss of spectrum “would diminish capacity by at least 25%.” Petition for Reconsideration at 2. Wisconsin also claims that it did not know it should make the construction notification filings without “further prompting” from the Commission. Petition for Reconsideration at 3. The State also appears to argue that the Part 22 rules should no longer apply, as the spectrum “has become available to new and emerging uses” like public safety radio systems. Petition for Reconsideration at 2. The State now seeks either a new extension timeframe; acceptance of the previous construction notification filings from 2016 and 2017; or the opportunity to file a request for waiver of the construction requirements. Petition for Reconsideration at 3. II. DISCUSSION A. Waiver of Construction and Technical Rules 12. Section 1.925 of the rules states that the Commission may grant a waiver when either the underlying purpose of the rule at issue would not be served or would be frustrated by application to the instant case, and a grant would be in the public interest, or where, “in view of unique or unusual factual circumstances,” application of the rule would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. 47 CFR § 1.925(b)(3)(i)-(ii). In addition, Section 1.3 allows the Commission to waive any provision of its rules on its own motion for good cause. 47 CFR § 1.3 (“Any provision of the rules may be waived by the Commission on its own motion or on petition if good cause therefor is shown.”); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). 13. Construction Requirements and Request for Extension of Time. Based on the information before us, we deny Wisconsin’s Petition for Reconsideration. The State’s final construction deadline was July 3, 2017, at which time the State was required to demonstrate substantial service on an individual basis for each license. See supra n. 9. 14. With respect to ten of its twenty-five licenses, call signs WQMS420, WQMS442, WQMS445, WQMS450, WQMS453, WQMS454, WQMS455, WQMS456, WQMS457, and WQMS458, we find that Wisconsin has made no showing that indicates these licenses are in operation and note that the licenses automatically cancelled on July 3, 2017. 15. For an eleventh call sign, WQMS448, the record reflects that Wisconsin is using the frequency for mobile-to-mobile communications “as needed” Letter from Maj. Timothy Huibregtse, Director, Wisconsin State Patrol, Bureau of Support Services, to Keith D. Harper, Associate Chief, Mobility Division, Wireless Telecommunications Bureau (July 16, 2018), at 1. and that it is not paired with any base frequency and is thus violating Section 22.531 of our rules. Section 22.531 provides that certain unpaired, high VHF channels for paging operation are allocated only for use as base transmitters. 47 CFR § 22.531. In addition to making mobile-only use of the base frequency, the State has not completed any base station construction for this frequency. See Letter from Maj. Timothy Huibregtse, Director, Wisconsin State Patrol, Bureau of Support Services, to Keith D. Harper, Associate Chief, Mobility Division, Wireless Telecommunications Bureau (July 16, 2018). Operating the license as a mobile-only frequency without any base station construction does not comply with the construction requirement, and WQMS448 therefore terminated as of July 3, 2017. 16. Further, Wisconsin’s submissions for the licenses that were in operation as of July 3, 2017, indicate that the State’s service coverages are quite low, and no individual market reaches a level that would be considered substantial or above mediocre. Wisconsin’s actual construction with respect to its Part 22 paging licenses is low by any measure, as it appears to concede in its Petition for Reconsideration. See Petition for Reconsideration at 3 (stating “we are using the spectrum to provide substantial service to the population in the affected Economic Areas even though perhaps it doesn’t appear so based on the old Part 22 build-out requirements.”) For example, for eleven licenses, the record shows that the State has constructed only a single Part 22 base station in the applicable market. Viewing Wisconsin’s operations from a population coverage standpoint, the markets in operation range from coverages of zero or close to zero percent, to coverages for the rest of the markets of not more than fifteen percent. 17. We recognize that Wisconsin relies on these frequencies as part of its statewide public safety system, but the use of the licenses in a larger system does not relieve the State of its obligation to meet the construction requirement for each license individually. The State additionally has the obligation to petition for all necessary waivers where, as here, its actual use of the frequencies does not comport with our rules. In any event, and even if Wisconsin had showed much greater service coverage, Wisconsin is operating the licenses in violation of a Part 22 rule and has been operating one license without required coordination with Canada, and thus the operations in violation of our rules cannot be counted towards its construction obligations. 18. We note that since the original deadline in 2015, Wisconsin has been given multiple opportunities and reminders to comply with its construction obligations. The Division has previously granted extensions of time and given the State opportunities to provide supplemental information, and none of the information Wisconsin has provided supports a finding of completion of any additional construction. By Wisconsin’s own statements, it has no plans for additional construction, and believes its current showings are sufficient to demonstrate compliance. See ULS File Nos. 0007838020, 0007838021, 0007838022, 0007838023, 0007838024, 0007838025, 0007838026, 0007838027, 0007838028, 0007838029, 000783 8030, 0007838031, 0007838032, 0007838033, 0007838034, 00078380235, 0007838036, 0007838037, 0007838038, 0007838039, 0007838040, 0007838041, 0007838042, 0007838043, and 0007838044 (filed June 30, 2017) (stating “[t]he State is not seeking an extension to complete construction but is simply asking for additional time to report the construction . . . .”) None of its filings indicate that granting a further extension of the deadline would result in the State’s being able to meet its construction requirement. Thus, we conclude that providing additional time as requested in the Petition for Reconsideration would not be in the public interest. 19. While we conclude that providing Wisconsin more time to meet its construction obligations is not warranted, we find on our own motion that the unique circumstances present here justify granting limited relief to Wisconsin. We therefore grant a conditional waiver of Section 22.503(k) to the extent necessary to allow the State to keep the portions of the license areas where it was operating as of the extended construction deadline of July 3, 2017. 47 CFR § 22.503(k). Without such a waiver, failure to meet the Commission’s construction requirements results in automatic termination of the entire license. 20. We recognize that it would be contrary to the public interest for Wisconsin to build a statewide system that was incapable of interoperating throughout the state. Given the nature of Wisconsin’s use of the Part 22 licenses, automatic termination of the licenses wholesale would necessarily limit the statewide operation and interoperability between all levels of government that we have found in other instances to be in the public interest. See, e.g., State of Maine – MS CommNet Project, Order and Proposed Order of Modification, DA 18-1077 (WTB Oct. 22, 2018) (finding continued operation and interoperability of statewide public safety network is in the public interest); State of Maine – MSCommNet Project, Request for Waiver of Sections 90.35(b)(2)(ii) and 90.187(d) of the Commission’s Rules, Order, 29 FCC Rcd 7398 (PSHSB 2014) (finding waivers to assist completion of a statewide public safety radio communications network were in the public interest because the network would facilitate interoperability between federal, state and local public safety officials.) We thus conclude that the public interest supports granting a waiver to permit the State to retain its operations as of the extended construction deadline with regard to the fourteen licenses it has shown to be in operation, rather than terminating the licenses in their entirety. 21. Although Wisconsin has not established a level of construction and service that would constitute substantial service for any of the fourteen licenses, we agree that it is currently operating in portions of a given market area for each of those licenses as part of its statewide public safety system. This waiver maintains the functionality of the network in total, while ultimately requiring return of spectrum not in use by Wisconsin to the Commission’s inventory. 22. Technical Waivers and Special Temporary Authority to Continue Operations. Wisconsin is operating its Part 22 paging licenses within a public safety system made up of primarily Part 90 and other non-Part 22 licenses, and this operation has resulted in inconsistencies between the operation of the Part 22 licenses and our technical rules. Our review of the information Wisconsin has provided reveals that the State requires additional rule waivers. We note that Wisconsin was obligated to identify and seek the rule waivers necessary to enable it to incorporate its paging licenses into its system. Licensees may not determine for themselves the Commission rules with which they must comply. Accordingly, our decision herein is without prejudice to further Commission inquiry into this matter and referral for enforcement action, if warranted. While we are permitting Wisconsin to retain areas in which it was operating as of the extended construction deadline, its operation of these licenses would remain out of compliance with our rules, and we therefore grant limited waivers of certain technical rules to enable continued use of the licenses. 23. To bring Wisconsin’s operations into compliance with the rules, we grant waivers on our own motion for the technical rules discussed below, as well as special temporary authority (STA) for these stations to continue operating for an interim period of six months while the State comes into compliance with the conditions set out in this section. See 47 U.S.C. §§ 154(i), 214(a), 303(r); see also In re GTE Corp., 16 FCC Rcd 15957, 15960 (2001). Each of these waivers is specifically conditioned on the concurrence of licensees who would potentially be affected by Wisconsin’s operation of its network at the waived technical parameters in order to ensure protection from harmful interference for other licensees. The following waivers, as conditioned, will bring its operations into compliance with the rules while maintaining the network’s functionality and minimizing the risk of harmful interference. · Section 22.561. Section 22.561 provides that for the frequencies identified in the rule, the bandwidth is 20 kHz, designated by their center frequencies in megahertz. 47 CFR § 22.561. These licenses have center frequencies in the 152 through 159 MHz frequency band. We understand that Wisconsin may be operating WQMS406, WQMS407, WQMS408, WQMS409, WQMS410, WQMS412, WQMS413, WQMS417, WQMS418, WQMS 421, WQMS422, WQMS423, WQMS424, and WQMS425 such that the bandwidth exceeds the limits in Section 22.561. We understand that Wisconsin uses channel “offsets,” an intentional slight shift of a broadcast channel with an alternate center frequency that resides within the authorized channel block. The offset causes Wisconsin to exceed the bandwidth edge, which could cause spectrally adjacent channel interference. We grant a waiver of this rule to the extent these licenses are operating outside of the prescribed bandwidth, as conditioned below. · Conditions. We find it necessary to condition the relief granted in order to meet the expectations of neighboring licensees that their operations will be free from harmful interference. Failure to comply with these conditions will result in automatic termination of the technical waiver with respect to the license at issue. The technical rule waivers are conditioned on the State of Wisconsin obtaining concurrence of geographic or spectral neighbors that would potentially be affected. Wisconsin’s coordination with neighboring geographic or spectral licensees shall be conducted consistent with the process in Sections 22.503(h) and (i) of our rules that seek to protect adjacent geographic and co-channel licensees from harmful interference. 47 CFR § 22.503(h), (i). Specifically, our waiver of Section 22.561 for WQMS406, WQMS407, WQMS408, WQMS409, WQMS410, WQMS412, WQMS413, WQMS417, WQMS418, WQMS421, WQMS422, WQMS423, WQMS424, and WQMS425 has the potential to affect adjacent licensees and is conditioned on the concurrence of those licensees. o In seeking concurrence, Wisconsin must provide these licensees with any technical information requested for testing purposes, in order to ensure no harmful interference will exist. o Within six months of the effective date of this Order, the State of Wisconsin must submit copies of concurrences in ULS under the applicable license. o In the event the State of Wisconsin cannot comply with the conditions of the technical waivers, it may choose to forgo the waiver and implement an alternative operational solution that complies with Part 22 rules, or to cease operations from the applicable site(s). If Wisconsin cannot comply with the conditions, then within six months of the effective date of this Order, the State shall notify the Division that it has implemented an alternative solution that complies with the rules or has ceased operations. Any licenses that do not comply with the Part 22 rules or with the waiver conditions by the end of this six-month timeframe will automatically terminate. B. Order of Proposed Modification 24. Section 316(a)(1) authorizes the Commission to modify a station license if, in our judgment, “such action will promote the public interest, convenience, and necessity, or the provisions of this chapter [i.e., the Communications Act] or of any treaty ratified by the United States will be more fully complied with.” 47 U.S.C. § 316(a)(1). The authority to modify licenses under Section 316(a)(1) is well established and courts have recognized the Commission’s “broad power” to do so, explaining that the Commission “need only find that the proposed modification serves the public interest, convenience and necessity.” California Metro Mobile Communications v. FCC, 365 F.3d 38, 45 (D.C. Cir. 2004); see also Establishing Rules and Policies for the Use of Spectrum for Mobile Satellite Services in the Upper and Lower L-Band, Report and Order, IB Docket 96-132, FCC 02-24, 17 FCC Rcd 2704, 2714, ¶ 25 (2002) (citing Rainbow Broadcasting Co. v. FCC, 949 F.2d 405 (D.C. Cir. 1991)) (“the Commission is afforded significant latitude when it exercises its Section 316 authority”) (subsequent history omitted). 25. We find that a proposed modification of the fourteen Part 22 Paging licenses here will promote the public interest, convenience, and necessity. Given the role the licenses play in a public safety network that supports over a dozen governmental agencies, we also find that the proposed modification is consistent with our fundamental obligation to promote safety of life and property through the use of wire and radio communications. 47 U.S.C. § 151. In view of the foregoing and pursuant to Section 316(a)(1) of the Act, we propose to modify the geographic authorizations as described below, subject to Wisconsin satisfying the conditions of the construction and technical waivers above. If Wisconsin does not comply with all conditions, we propose to modify the licenses solely to the extent the State is able to provide alternative operational solutions that comply with Part 22 rules, as described above in the conditions and within the six-month timeframe. 26. Modified License Area. For each license subject to the waiver, Call signs WQMS406, WQMS407, WQMS408, WQMS409, WQMS410, WQMS412, WQMS413, WQMS417, WQMS418, WQMS421, WQMS422, WQMS423, WQMS424, and WQMS425. we propose that Wisconsin retain the areas in which it is using its Part 22 Paging frequencies, with the modified boundaries of the license determined by the formula in the Part 22 rules. 47 CFR § 22.567(d). The remainder of the licensed market areas will be terminated and revert to the Commission. 27. Section 22.567(d) of our rules describes the formula to be used in determining a VHF channel transmitter’s interfering contour (the area beyond which signals from the transmitter are deemed not to be causing interference to another transmitter). Using the technical parameters of Wisconsin’s operations as they are today, we have calculated an interfering contour with Section 22.567(d) and propose a modified license boundary for each license at issue based on the interfering contour. These modified license boundaries are shown in the attached Appendix. 28. The interfering contour as calculated above will define the modified license boundary for each call sign, except where that contour would reach beyond the geographic market boundary. In those cases, the modified license area will end at the market boundary. 29. While we propose to allow Wisconsin to retain the areas in which they are providing service, we are also mindful of the expectations of, and effect of Wisconsin’s operations on, other licensees. We note that there may be instances where Wisconsin is making mobile use of a Part 22 license in conjunction with a non-Part 22 base station. In these instances, the expectation of neighboring licensees to be free from harmful interference is based on the assumption that the operation of the mobile channel is in compliance with Part 22 paging rules. We therefore determined the proposed license area based on the Part 22 rules, rather than any technical parameters that would have been applicable to a non-Part 22 base station. 30. In addition to proposing to limit the modified license areas to the market boundary, the proposed license areas in the Appendix were calculated using Wisconsin’s current technical parameters. As discussed above, these parameters require us to waive certain technical rules that have the potential to affect other licensees. Per the conditions of the technical waivers, Wisconsin is required to notify the Division within six months of the effective date of this Order that it has obtained the required concurrences or forgone the waiver, and therefore either implemented an alternative solution that complies with our current rules or ceased operation. 31. Protest Rights and Procedures. Section 316(a)(1) of the Act provides that no proposed order of modification shall become final until the license holder has been provided at least 30 days to protest the proposed order. 47 U.S.C. § 316(a)(1). We will thus provide Wisconsin with 30 days from the release date of this Proposed Order of Modification to file a protest. Section 316(a)(2) and (3) of the Act also provide that any other licensee or permittee who believes its license or permit would be modified by the proposed action may also protest the proposed action before its effective date and that any protest is subject to the requirements of Section 309 for petitions to deny. 47 U.S.C. § 316(a)(3). Section 309(d) in turn provides that a petition to deny must show that the party has standing and that the Commission’s action would be contrary to the public interest. 47 U.S.C. § 309(d). See also 47 CFR § 1.939 (petitions to deny). III. ORDERING CLAUSES 32. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and Section 1.106 of the Commission’s rules, 47 CFR § 1.106, the State of Wisconsin’s Petition for Reconsideration regarding the requirements of Section 22.503(k) of the Commission’s rules, 47 CFR § 22.503(k), is DENIED. 33. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 1.3 and 1.925 of the Commission’s rules, 47 CFR §§ 1.3, 1.925, waiver of Sections 22.503(k) and 22.561 of the Commission’s rules, 47 CFR §§ 22.503(k), 22.561, is CONDITIONALLY GRANTED TO THE EXTENT PROVIDED ABOVE. 34. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 316(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 316(a), the Proposed Order of Modification is ADOPTED. 35. IT IS FURTHER PROPOSED that, pursuant to Sections 4(i) and 316(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 316(a), the call signs listed in the Appendix and licensed to the State of Wisconsin BE MODIFIED consistent with Section II.B. and the Appendix of this Order and Proposed Order of Modification. 36. IT IS FURTHER ORDERED that, pursuant to Section 316(a)(1) of the Communications Act of 1934, as amended, 47 U.S.C. § 316(a)(1), the Wireless Telecommunications Bureau SHALL SEND this Order and Proposed Order of Modification by certified mail, return receipt requested, to the State of Wisconsin. 37. These actions are taken under delegated authority pursuant to sections 0.131 and 0.331 of the Commission’s rules, 47 CFR §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau APPENDIX Call Signs WQMS406, WQMS407, WQMS408, WQMS409, WQMS410, WQMS412, WQMS413, WQMS417, WQMS418, WQMS421, WQMS422, WQMS423, WQMS424, WQMS425. Proposed Modified License Areas As noted in the Proposed Order of Modification, the proposed modified license areas consist of areas where the State of Wisconsin (Wisconsin) was operating as of July 3, 2017. The proposed modified boundaries of each license area will be defined by the interference contour of its base transmitter(s) as calculated pursuant to Section 22.567(d). The following maps depicting the proposed modified license areas of each call sign were derived using technical information such as location(s) of the base transmitter(s) being used for the call sign, effective radiated power (ERP), antenna height, and height above average terrain (HAAT) data provided by Wisconsin. The technical information used was provided in Wisconsin’s Petition for Reconsideration, filed with each license on January 8, 2016, and alternative showings provided via email to Commission staff on July 16, 2018. The tables below depict the base transmitter information provided by Wisconsin, Latitude/Longitude coordinates, elevation and HAAT information were updated by Commission staff after technical review of information provided by State of Wisconsin. as well as distances from the base transmitter to the interfering contour along the eight radials that were calculated using Wisconsin’s technical data. The output power and HAAT data provided by Wisconsin were averaged values; the individual radial power and HAAT values were derived using these averaged values. Contour Information for Calls Signs subject to Section 22.567(d) Base transmitter information provided by State of Wisconsin – 22.567(d) Call Sign Location Latitude Longitude Elevation (m) Antenna Height (m) ERP (W) HAAT (m) WQMS406 Wittenberg 44° 49' 09.8" N 89° 03' 22.6" W 371.0 85.3 90 119.0 West Kewanee 44° 28' 40.6" N 87° 34' 45.8" W 227.9 97.5 124 110.0 WQMS407 Marinette 45° 05' 14.0" N 87° 54' 45.8" W 224.8 91.4 104 110.9 Florence 45° 53' 35.9" N 88° 17' 48.2" W 451.0 67 125 114.6 WQMS408 Lakewood 45° 24' 15.7" N 88° 21' 11.7" W 420.0 88.3 100 150.9 WQMS409 Fence 45° 44' 07.2" N 88° 25' 38.4" W 476.0 120.4 95 156.8 Pembine 45° 36' 57.5" N 87° 59' 47.9" W 296.0 85.3 100 82.6 WQMS410 Ellison Bay 45° 14' 19.6" N 87° 05' 27.6" W 237.4 103.6 100 158.6 WQMS412 Bonduel 44° 43' 04.5" N 88° 25' 12.2" W 286.8 97.5 100 126.1 WQMS413 Scandinavia 44° 28' 08.2" N 89° 10' 05.4" W 352.5 85.3 165 134.2 WQMS417 Milton 42° 46' 25.2" N 89° 00' 21.8" W 285.2 85.3 125 105.1 WQMS418 Kieler 42° 36' 04.5" N 90° 33' 16.9" W 305.7 82.3 107 126.0 WQMS421 Pipestone 45° 51' 05.8" N 91° 12' 14".2 W 494.2 48.7 125 131.8 WQMS422 Squirrel Hill 45° 49' 32.5" N 89° 53' 37.9" W 504.0 87.4 105 108.7 WQMS423 Neillsville 44° 39' 13.9" N 90° 40' 32.0" W 364.2 85.3 102.8 113.0 WQMS424 Squirrel Hill 45° 49' 32.5" N 89° 53' 37.9" W 504.0 87.4 105 108.7 WQMS425 Cary Mound 44° 31' 30.8" N 90° 12' 58.9" W 385.6 82.3 110 125.1 Transmitter Radial Values – per Section 22.567(d) Location Azimuth HAAT (m) ERP (W) Distance (km) Wittenberg 0 90.2 90 59.4 45 121.6 90 63.8 90 148.2 90 66.9 135 156.7 90 73.9 180 142.3 90 66.3 225 111.9 90 62.6 270 95.9 90 60.3 315 85.7 90 58.7 West Kewanee 0 104.9 124 65.5 45 121.2 124 67.8 90 142.3 124 70.4 135 137.1 124 69.8 180 101.3 124 64.9 225 93 124 63.6 270 76 124 60.6 315 100.1 124 64.7 Marinette 0 110.5 104 64.1 45 107.2 104 63.7 90 115.6 104 64.8 135 121.3 104 65.6 180 106.8 104 63.6 225 109.3 104 64.0 270 100.8 104 62.7 315 104.7 104 63.3 Florence 0 112.1 125 66.6 45 123.4 125 68.2 90 137.8 125 70.0 135 150.6 125 76.7 180 108.7 125 66.1 225 99.6 125 64.8 270 95.6 125 64.1 315 104.7 125 65.5 Lakewood 0 121.5 100 65.1 45 159.4 100 75.3 90 196.1 100 79.0 135 209.1 100 80.1 180 194.8 100 78.8 225 139.1 100 67.3 270 81.9 100 59.2 315 101.1 100 62.3 Fence 0 166.1 95 75.5 45 173 95 76.2 90 169.8 95 75.8 135 164.6 95 75.3 180 149.9 95 67.8 225 138 95 66.5 270 144.4 95 67.2 315 144.4 95 67.2 Pembine 0 64.7 100 56.0 45 98.2 100 61.9 90 115.4 100 64.3 135 113.1 100 64.0 180 96.1 100 61.5 225 73 100 57.6 270 47.7 100 52.0 315 42.1 100 50.5 Ellison Bay 0 164 100 75.8 45 155.7 100 74.9 90 160.7 100 75.4 135 160.4 100 75.4 180 154 100 74.7 225 150.2 100 74.3 270 164 100 75.8 315 164 100 75.8 Bonduel 0 123.4 100 65.4 45 122.3 100 65.2 90 139.1 100 67.3 135 114.7 100 64.2 180 127.8 100 65.9 225 135 100 66.8 270 125.3 100 65.6 315 124.4 100 65.5 Scandinavia 0 130.1 165 72.8 45 149 165 75.2 90 169.8 165 81.9 135 163.2 165 81.2 180 148.6 165 75.2 225 115.4 165 70.7 270 111.4 165 70.1 315 96.7 165 67.8 Milton 0 121.2 125 67.9 45 113.1 125 66.8 90 95.8 125 64.2 135 91.3 125 63.4 180 109.3 125 66.2 225 95.2 125 64.1 270 101.4 125 65.0 315 111.4 125 66.5 Kieler 0 136.3 107 67.8 45 97.4 107 62.5 90 93.7 107 62.0 135 114.3 107 65.0 180 121.3 107 65.9 225 159.3 107 76.0 270 141.7 107 68.4 315 138.9 107 68.1 Pipestone 0 138.3 125 70.1 45 122.6 125 68.1 90 123.3 125 68.2 135 136 125 69.8 180 147.1 125 71.1 225 134.4 125 69.6 270 111.4 125 66.5 315 133.5 125 69.5 Squirrel Hill 0 110 105 64.2 45 106.4 105 63.7 90 109.1 105 64.0 135 112.9 105 64.6 180 121.5 105 65.7 225 107 105 63.7 270 102.6 105 63.1 315 108.8 105 64.0 Neillsville 0 101 102.8 62.6 45 92.9 102.8 61.4 90 96.6 102.8 61.9 135 121 102.8 65.4 180 130.2 102.8 66.5 225 125 102.8 65.9 270 117.6 102.8 64.9 315 117.4 102.8 64.9 Cary Mound 0 95.1 110 62.5 45 103.1 110 63.7 90 114.3 110 65.3 135 144.9 110 69.2 180 150.2 110 75.3 225 149.1 110 69.6 270 132.7 110 67.7 315 99.5 110 63.2 28