Federal Communications Commission DA 19-41 Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of BIT/State Radio Communications Engineering’s Requests for Extension/Waiver of Time to Construct ) ) ) ) ) ) ) ) ) File Nos. 0003081467 et al. ORDER AND PROPOSED ORDER OF MODIFICATION Adopted: February 4, 2019 Released: February 4, 2019 By the Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. In this Order, the Mobility Division (Division) of the Wireless Telecommunications Bureau (Bureau) addresses BIT/State Radio Communications Engineering’s (South Dakota or the State) In the Commission’s Universal Licensing System (ULS), South Dakota’s paging licenses are listed under “BIT/State Radio Communications Engineering” which is a reference to the Bureau of Information & Telecommunications of the State of South Dakota. notifications of construction and requests to waive and/or extend the construction deadline See Appendix A, BIT/South Dakota Paging System Licenses/ULS Applications Under Review (Appendix A). for certain of its Part 22 VHF/UHF Paging licenses of the South Dakota Interagency Communications System (SDICS or the System) – a statewide, interoperable, digital trunked public safety radio system. See Amended Statement in Support of Substantial Service/Request for Extension of Time to Construct by BIT/State Radio Communications Engineering, State of South Dakota, Bureau of Information & Tel (filed, Oct. 30, 2007) (2007 Extension/Waiver Request) (regarding FCC File Nos. 0003215982 et al., Appendix B, Late-Filed Extension Requests/Dismissed, (Appendix B) and FCC File Nos. 0003081395 et al., Appendix C, Pending Construction Notifications (Appendix C)); Statement in Support of Substantial Service/Request for Extension of Time to Construct by BIT/State Radio Communications Engineering (filed, May 11, 2009) (2009 Extension/Waiver Request) (regarding FCC File Nos. 0003833280 et al., Appendix D, Timely-Filed Extension Requests (Appendix D)). This Order also addresses pending construction notifications for which South Dakota did not submit corresponding extension requests. For these licenses, South Dakota either failed to submit an extension request along with its construction notification, withdrew its extension request, or misfiled its consolidated request as an attachment to a later occurring amendment to its construction notifications. See Appendix C. As explained in detail below, we find that South Dakota has failed to demonstrate substantial service throughout its paging system, and we dismiss the State’s construction notifications that do not show any construction. Furthermore, we dismiss the State’s pending waiver and extension requests that are untimely, See Extension Requests listed in Appendix B. and we deny the State’s timely-filed alternative waiver/extension requests where it has failed to justify its argument for additional time to construct. See Appendix E, Timely-Filed Extension Requests/Denied (Appendix E). 2. Based on our review of the record, however, we find on our own motion that the public interest supports the grant of a partial waiver of the construction requirements for certain South Dakota paging licenses to permit the State to keep those areas it had constructed by the applicable construction deadlines for each license, rather than terminate the licenses in their entirety. We propose to modify these licenses subject to the partial waiver. See Appendix F, Licenses Showing Partial Market Coverage (Appendix F). We conclude that such relief is in the public interest given the unique factual circumstances involved and we impose conditions that will promote use of spectrum for important public safety functions, while protecting against harmful interference to adjacent licensees. We also find it in the public interest to grant a waiver for a limited extension of time for three of the State’s licenses in order to allow the State to keep essential operational facilities. See Appendix G, Timely-Filed Extension Requests/Granted (Appendix G). Furthermore, we grant a waiver of relevant technical rules to the extent necessary to permit continued operation on the Part 22 paging frequencies in use as of the construction deadline applicable to each license. The technical waivers are conditioned on South Dakota obtaining consent from any neighboring or adjacent licensees that may be impacted by our proposed modification. We also grant special temporary authority to operate while South Dakota brings the system into compliance with our rules. I. BACKGROUND 3. Construction Requirements. Section 22.503(k) of the Commission's rules requires Part 22 paging licensees to construct and operate sufficient facilities to cover one-third of the population in their paging geographic areas no later than three years after the initial grant of a license, and 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, alternatively, to provide “substantial service” in the paging geographic area by the five-year construction deadline for the license. Id. If a licensee fails to make the required substantial service showing, See 47 CFR § 22.503(k)(3). the license automatically terminates as of the construction deadline. Id. 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), 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. Procedural History. In the early 2000s, South Dakota began development of the South Dakota Interagency Communications System, a statewide public safety/law enforcement radio communications network serving the state’s law enforcement and public safety and public service agencies. On December 23, 2003, South Dakota obtained Commission permission to operate a public safety communications system as a non-common carrier. Letter from Katherine Harris, Deputy Chief, Mobility Division, Wireless Telecommunications Bureau, to Alan Tilles, Shulman, Rogers, Gandal, Pordy & Ecker, P.A. at 2 (Dec. 23, 2003) (on file in ULS, File No. 0001427002). Former Section 22.7 of the Commission’s rules provided that only common carriers were eligible to hold authorizations in the Public Mobile Services. See 47 CFR § 22.7 (2003). The System supports a variety of public safety operations, including Police and Fire Departments, as well as all ambulance/EMS and emergency care medical facilities through the State Department of Health. 2009 Extension/Waiver Request at 1. The radios on the System allow for inter-agency interoperability, as well as allowing individual agencies to maintain private communications. Id. at 2. 5. South Dakota obtained spectrum for its public safety radio system in Auction No. 40 See FCC File No. 0000711312, granted by Wireless Telecommunications Bureau Grants Upper and Lower Paging Bands Licenses, Public Notice, DA 02-1477, 17 FCC Rcd 12450 (WTB 2002). and through secondary market assignments. Its network is comprised of two sets of paging licenses – the first set of licenses had an expiration date of June 21, 2012, with a final construction deadline of June 21, 2007 (the 2007 Submissions). See 2007 Extension/Waiver Request (regarding extension requests and pending construction notifications listed in Appendices B and C). The second set of licenses had an expiration date of May 12, 2014, with a final construction deadline of May 12, 2009 (the 2009 Submissions). See 2009 Extension/Waiver Request (regarding extension requests listed in Appendix D). At the three year interim construction deadline for all of its licenses (June 21, 2005 and May 12, 2007, respectively), South Dakota elected to demonstrate “substantial service” by the five year mark. See 47 CFR § 22.503(k)(3). On October 30, 2007, with respect to its first set of paging licenses, South Dakota submitted amended construction notifications for some of its licenses See 2007 Extension/Waiver Request at 1. See also Appendix C. while conceding that it had not deployed facilities by the applicable deadline for the remainder. See 2007 Extension/Waiver Request at 4. See also Appendix B. It also submitted late-filed extension requests for the licenses it admitted were not constructed. On May 11, 2009, regarding the second set of paging licenses, South Dakota submitted timely construction notifications as well as requests for extension of time to construct in the alternative. See 2009 Extension/Waiver Request at 2-4. See also Appendix D. In both the October 2007 and May 2009 Submissions, South Dakota requested that the Division either accept its construction notifications or alternatively grant an extension of time to allow it to continue deployment. See 2007 Extension/Waiver Request at p. 1. See also 2009 Extension/Waiver Request at p. 1. Where South Dakota conceded that it had not deployed facilities to enable service by the five-year deadline, it explicitly requested additional time to build out these sites. See 2007 Extension/Waiver Request at 3. See also 2009 Extension/Waiver Request at 4. II. DISCUSSION A. Waiver of Construction and Technical Rules 6. Section 1.925 of the Commission’s 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). Section 1.3 allows the Commission to waive any provision of its rules on its own motion for good cause. 47 CFR § 1.3; see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). In addition, Section 1.946 of the Commission’s rules states that the Commission may grant a request for extension of time “if the licensee shows that failure to meet the construction or coverage deadline is due to involuntary loss of site or other causes beyond its control.” 47 CFR § 1.946(e)(1). However, extensions will not be granted “for failure to meet a construction or coverage deadline due to delays caused by a failure to obtain financing,” or “because the licensee undergoes a transfer of control or because the licensee intends to assign the authorization.” Id. at § 1.946(e)(2)-(3). 7. Requests for Waiver/Extension of Time. In its 2007 Submissions, South Dakota filed its extension requests several months after the June 21, 2007 construction deadline, with no justification for the late submission. See Extension requests listed in Appendix B. We dismiss these extension requests as untimely, and we dismiss the final construction notifications associated with these licenses for failure to construct. Consequently, these licenses terminated automatically on June 21, 2007. See Appendix H, Licenses Subject to Automatic Termination (Appendix H). Furthermore, after careful review of the record and as described below, we deny South Dakota’s timely-filed extension requests where it failed to demonstrate that additional time to construct was warranted. See Appendix E. South Dakota’s timely requests to extend the construction deadline are based on its claims that construction was delayed due to circumstances beyond its control, namely the lack of available funding, and that it did not have access to many frequencies due to incumbent use. South Dakota also argues in support of its waiver request that it is not warehousing spectrum, but provides critical public safety services, and that additional time to build is justified because there was “little bidder interest in these licenses other than from the State, calling into question whether there is any viable alternative use for the Stations.” 2007 Extension/Waiver Request at 3. 8. We are not persuaded that South Dakota has justified its request for relief based on either Commission rule section 1.946 or 1.925. Specifically, section 1.946 of the Commission’s rules expressly precludes extensions for lack of financing, as this is a foreseeable consequence of conducting business, and within the licensee’s control. See 47 CFR § 1.946(e)(2). The presence of incumbent licensees is a factor known to bidders participating in the auction for a geographic licensee, and to those acquiring a license on the secondary market. Further, the State provides no support for its argument that low bidding interest in a service should be a relevant factor in considering whether construction relief is warranted for the eventual licensee. 9. Construction Notifications. As discussed above, the Commission also has pending before it construction notifications for licenses that are part of South Dakota's public safety paging system. See Appendices A and C.  Based on our review of the record, we find that the State's service coverages are quite low overall and no individual license (with the exception of call sign WQAD672 discussed below) See infra ¶ 12. achieved a level of service that we would consider substantial.  Viewing the State's operations from a population coverage standpoint, only three licenses have coverages over thirty percent, while the remaining coverages are significantly lower. While we do not accept these showings as demonstrating substantial service, they will remain pending until after the issuance of the order of modification discussed below. We find, with respect to South Dakota’s licenses that are still showing zero coverage, that these licenses automatically terminated as of the applicable construction deadline. See Appendix H. We note that the State, even while implementing a state-wide network, was obligated to meet the construction requirements for each of its licenses individually, and 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 South Dakota had demonstrated much greater service coverage, it is operating most, if not all, of the licenses in violation of a Part 22 rule, and therefore its operations cannot continue without a waiver of the relevant technical rules.   10. Grant of Waiver to Permit Continued Operation of Constructed Facilities. While we conclude, with limited exceptions, that South Dakota has not justified either an extension of time to meet its construction obligation or a finding that its limited construction meets our substantial service standards, we recognize South Dakota's legitimate interest in continuing to operate its statewide public safety network.  We therefore find on our own motion that the unique circumstances present here justify granting limited relief to South Dakota via a conditional waiver of section 22.503(k) to the extent necessary to allow the State to keep portions of the license area where it was operating as of the construction deadline applicable to each license, allowing the State to maintain network functionality.  We find that the State is using the only suitable spectrum available to provide coverage in some areas of its network and a grant of a conditional waiver will allow the network to continue vital operations, while ultimately requiring return of spectrum not in use to the Commission's inventory.  Without such a conditional waiver, failure to meet the Commission's construction requirements would result in automatic termination of the entire license, which would disrupt the functioning and interoperability of South Dakota's public safety communications system. 11. We implement the above conditional relief to permit South Dakota to keep the areas of its licenses that were constructed as of the deadline applicable to each license (i.e., the licenses in South Dakota's paging system that demonstrated partial market coverage). See Appendix F. While we do not accept the State’s construction notifications as having demonstrated substantial service by the five-year deadline for each license, we conclude that the public interest supports permitting the State to retain those areas that have been constructed. We also grant a limited waiver of the construction deadline to allow South Dakota to keep and operate three facilities it constructed after the initial five-year deadline applicable to the 2009 Submissions. South Dakota has certified that although it did not complete construction by May 12, 2009, for stations WQAD650 and WQAD653, it did successfully complete its deployment of facilities to make use of the frequencies associated with these stations by November 30, 2014. See Email from Gregory Kunkle, Counsel for BIT/State Radio Communications Engineering, to Thomas Reed, Special Attorney Advisor, Mobility Division, Wireless Telecommunications Bureau, FCC (Dec. 4, 2018, 13:39 EDT) (Kunkle Dec. 4, 2018 E-mail).  This relief is warranted because neither the public interest nor the underlying purpose of the rule would be served by depriving South Dakota of a critical part of its constructed public safety network. 12. Regarding the State’s request for a waiver to extend the construction deadline for Call Sign WQAD672, we also find it in the public interest to grant a limited waiver to consider construction completed after the May 12, 2009 construction deadline. Furthermore, the population coverage for this market is currently 47.12 percent. See E-mail from Greg Kunkle, Counsel to BIT/State Radio Communications Engineering, to Gabriel Ubieta, Electrical Engineer, Mobility Division, Wireless Telecommunications Bureau, FCC (Oct. 12, 2018, 16:07 EDT) (Kunkle Oct. 12, 2018 E-mail). Consistent with precedent regarding analysis of coverage percentages in rural areas, we find that South Dakota satisfied its substantial service requirement for Call Sign WQAD672 as of September 30, 2013, South Dakota has certified that although it did not complete construction by May 12, 2009, for station WQAD672, it did successfully complete its deployment of facilities to make use of the frequencies associated with this station by September 30, 2013. See Kunkle Dec. 4, 2018 E-mail. and we will accept the construction notification in ULS. 13. Technical Waivers and Special Temporary Authority to Continue Operations. Our review of South Dakota’s initial construction notifications, subsequent amendments, and more recent supplemental data provided to Division Staff, revealed multiple inconsistencies between the operation of the State’s Part 22 paging licenses and our technical rules. We note that South Dakota 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 proposing to permit South Dakota to retain areas in which it was operating as of the five-year construction deadline associated with each license (or in the case of licenses WQAD650 and WQAD653, by November 30, 2014), and we are accepting the State’s substantial service showing for license WQAD672 as of September 30, 2013, South Dakota’s operation of these licenses nevertheless remains out of compliance with our rules. We therefore grant limited waivers of certain technical rules to enable continued use of the licenses to facilitate operation of the statewide network and its interoperability for federal, state, and local public safety entities. 14. To bring South Dakota’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 South Dakota obtaining the concurrence of licensees who would potentially be affected by South Dakota’s operation of its System at the waived technical parameters in order to ensure protection from harmful interference for other licensees. South Dakota is using these licenses to fill gaps where traditional public safety spectrum is not available, and we find that the following waivers, as conditioned, will bring its operations into compliance with the rules while maintaining the System’s functionality and minimizing the risk of harmful interference. · Section 22.503. Section 22.503(k) provides that failure by a licensee to meet the substantial service requirements in subparagraph 22.503(k)(3) will result in automatic termination of authorizations for those facilities that were not authorized, constructed, and operating at the time that the geographic area authorization was granted. 47 CFR § 22.503(k). We waive Section 22.503(k) to allow South Dakota to continue operations with respect to call signs WPVF200, WPVF202, WPVF203, WPVF204, WPVF205, WPVF207, and WPVF208, WPVG844, WPVG846, WPVG847, WPVG848, WPVG992, WQAD635, WQAD643, WQAD650, WQAD652, WQAD653, WQAD654, WQAD656, WQAD657, and WQAD659, , and as further conditioned below. 15. One-Way or Two-Way Mobile Operation. Section 22.561 provides that certain channels are allocated for paired assignment to transmitters that provide one-way or two-way mobile operation for the paired channel blocks listed in the rule, and that all channels have a bandwidth of 20 kHz and are designated by their center frequencies in megahertz. 47 CFR § 22.561. These licenses have center frequencies in the 152 through 159 MHz frequency band as identified in Section 22.561. For licenses WPVF200, WPVF202, WPVF203, WPVF204, WPVF205, WPVF207, and WPVF208, WPVG844, WPVG846, WPVG847, WPVG848, WPVG992, WQAD635, WQAD643, WQAD650, WQAD652, WQAD653, WQAD654, WQAD656, WQAD657, WQAD659, and WQAD672, , we grant a waiver of this rule to the extent those licenses are operating outside of the prescribed bandwidth, as conditioned below. We also understand that South Dakota may be operating WPVF200, WPVF207 and WPVF208, such that the bandwidth exceeds the limits in Section 22.561. These licenses have center frequencies in the 152 through 158 MHz frequency band as identified in Section 22.561. The State of South Dakota has chosen to use channel “offsets” for these licenses, an intentional slight shift of a broadcast channel with an alternate center frequency that resides within the authorized channel block. The offset causes South Dakota to exceed the bandwidth edge, which could cause spectrally adjacent channel interference. Due to the designated transmission of 8 kHz, as identified by the emission designator. We waive Section 22.561 for the listed call signs, as conditioned below. Finally, we understand South Dakota has elected to configure certain licenses (specifically, WPVF203, WPVF204, and WPVF205, WPVG847, WPVG848, WPVG992, WQAD652, WQAD653, and WQAD656) in a manner that results in mobile stations communicating with the base stations of other authorizations. We waive Section 22.561 to allow South Dakota to continue to operate with respect to these call signs, but only to the extent South Dakota observes the Part 22 rules limiting mobile station communications to base stations within the same authorization, and as further conditioned below. · Transmitting Power Limits. Section 22.565(a) provides that the effective radiated power (ERP) of base and fixed transmitters must not exceed applicable power limits. South Dakota is currently operating licenses with call signs WPVF202, WPVF203, WPVF205, WPVG844, WPVG848, WQAD635, WQAD643, WQAD650, WQAD653, WQAD654, WQAD657, WQAD659, and WQAD672 outside of the limits contained in Section 22.565(a). 47 CFR § 22.565(a). The effective radiated power limit (ERP) for frequencies operating in the 157-159 MHz range is 150 watts. We waive Section 22.565(a) for the listed call signs as applicable in order to allow South Dakota to maintain its current power levels for these licenses, 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 South Dakota obtaining the concurrence of geographic or spectral neighbors that would potentially be affected. 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:   o Waivers of the following rules have the potential to affect adjacent licensees and are conditioned on the concurrence of those licensees. Section 22.561 waiver for WPVF200, WPVF202, WPVF203, WPVF204, WPVF205, WPVF207 and WPVF208, WPVG847, WPVG848, WPVG992, WQAD635, WQAD643, WQAD650, WQAD652, WQAD653, WQAD654, WQAD656, WQAD657, WQAD659, WQAD672, WPVG844, and WPVG846. o Our waivers of the following rules have the potential to affect co-channel licensees and are conditioned on the concurrence of those licensees: Section 22.565(a) waiver for WPVF202, WPVF203, and WPVF205, WPVG844, WPVG848, WQAD635, WQAD643, WQAD650, WQAD653, WQAD654, WQAD657, WQAD659, and WQAD672. o In seeking concurrence, South Dakota 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 South Dakota must submit copies of concurrences in ULS under the applicable license. o In the event the state of South Dakota 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). Within six months of the effective date of this Order, South Dakota 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. 16. Disposition of Leases. We note that South Dakota has leased spectrum under two of its paging system licenses (WPVH591 and WPVH595) to Vantek Communications, Inc. See State of South Dakota, Bureau of Information (Lessor)/Vantek Communications, Inc. (Lessee), New Lease Application, FCC File No. 0004282926 (filed, Jun. 15, 2010). Despite multiple requests from Division staff regarding the operational status of Licenses WPVH591 and WPVH595, the Division has received no information from South Dakota regarding construction or service in these markets.  Lacking any evidence that the State or the lessee deployed the requisite facilities, we find that the construction notifications for these licenses must be dismissed for failure to construct and therefore, the licenses automatically terminated as of the applicable construction deadline, June 21, 2007.  However, we find that it is in the public interest to provide South Dakota with the opportunity to make arrangements to facilitate the migration of the lessee off of the frequencies associated with the licenses in an orderly manner.  We therefore grant, on our own motion, special temporary authority to South Dakota for a period of 60 days from the date of this Order.  It is understood that the authority we grant here is solely for the purpose of allowing South Dakota to migrate the current lessee off of the frequencies associated with these licenses and commence an orderly discontinuation of operations under Call Signs WPVH591 and WPVH595.  Furthermore, South Dakota shall notify the Mobility Division when the lessee has stopped operations and shall provide the date upon which operations ceased, which in no event can be later than April 5, 2019. B. Order of Proposed Modification 17. 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].” 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). 18. We find that a proposed modification of the following Part 22 Paging licenses will promote the public interest, convenience, and necessity: WPVF200, WPVF202, WPVF203, WPVF204, WPVF205, WPVF207, WPVF208, WPVG844, WPVG846, WPVG847, WPVG848, WPVG992, WQAD635, WQAD643, WQAD650, WQAD652, WQAD653, WQAD654, WQAD656, WQAD657, and WQAD659. See Appendix F. Given the role the licenses play in a public safety network that supports a wide variety of public safety operations – fire and rescue, local and state police, and ambulance/EMS and emergency care medical facilities – 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 South Dakota satisfying the conditions of the construction and technical waivers above. If South Dakota 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. 19. Modified License Area. For each license listed above, we propose that South Dakota retain the areas in which it is using its Part 22 Paging frequencies as described herein, with the modified boundaries of the license determined by the formula in the Part 22 rules. 47 CFR §§ 22. 537(d), 22.567(d). The remainder of these specific licensed market areas will be terminated and revert to the Commission. 20. Sections 22.537(d) and 22.567(d) of our rules describe the formulas 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 South Dakota’s operations as of the respective construction deadlines described herein, we have calculated an interfering contour with either Section 22.537(d) or 22.567(d), as applicable, The technical criteria found in Section 22.537(d) apply to channels identified in Section 22.531, while the technical criteria in Section 22.567 are specific to paired frequencies identified in Section 22.561.  Accordingly, an interfering contour will be calculated using the technical criteria associated with the applicable licensed channel block. and propose a modified license boundary for each license at issue based on the interfering contour. These modified license boundaries are shown in Appendix J. 21. The interfering contour as calculated above will define the modified license boundary for each call sign listed, except where that contour would reach beyond the geographic market boundary. In those cases, the modified license area will end at the market boundary. 22. In addition to proposing to limit the modified license areas to the market boundary, the proposed license areas in Appendix J were calculated using South Dakota’s technical parameters as of the construction deadline applicable to each license. 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, South Dakota 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. 23. 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 South Dakota 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 24. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and Sections 1.925 and 1.946 of the Commission’s rules, 47 CFR §§ 1.925, 1.946, the State of South Dakota’s requests for waiver/extension of time (see ULS applications listed in Appendix B) to meet the requirements of Section 22.503(k) of the Commission’s rules, 47 CFR § 22.503(k), are DISMISSED. 25. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and Section 1.925 and 1.946 of the Commission’s rules, 47 CFR §§ 1.925, 1.946, the State of South Dakota’s requests for extension of time (see ULS applications listed in Appendix E) to meet the requirements of Section 22.503(k) of the Commission’s rules, 47 CFR § 22.503(k), are DENIED. 26. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and Section 22.503(k) of the Commission’s rules, 47 CFR § 22.503(k), the State of South Dakota’s pending construction notifications listed in Appendix H are DISMISSED. 27. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and Sections 1.925 and 1.946 of the Commission’s rules, 47 CFR §§ 1.925, 1.946, the State of South Dakota’s requests for extension of time with respect to Call Signs WQAD650, WQAD653, and WQAD672 (File Nos. 0003833449, 0003833462, and 0003833540, respectively) to meet the requirements of Section 22.503(k) of the Commission’s rules, 47 CFR § 22.503(k), are hereby GRANTED to the extent provided above. 28. 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), 22.561, and 22.565(a) of the Commission’s rules, 47 CFR §§ 22.503(k), 22.561, and 22.565(a), with respect to the licenses listed in Appendix I and as specified in Section II.A, ¶ 15, is CONDITIONALLY GRANTED TO THE EXTENT PROVIDED ABOVE. 29. 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. 30. 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 Appendix F and licensed to the State of South Dakota BE MODIFIED consistent with Section II.B and Appendix J of this Order and Proposed Order of Modification. 31. 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 South Dakota. 32. 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 45 APPENDIX A BIT/South Dakota Paging Licenses/ULS Applications Under Review Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WPVF200 0003081467 N/A WPVF202 0003081469 N/A WPVF203 0003081470 N/A WPVF204 0003081471 N/A WPVF205 0003081472 N/A WPVF207 0003081474 N/A WPVF208 0003981475 N/A WPVF209 0003081476 N/A WPVF210 0003081477 0003215982 WPVF211 0003081478 0003216054 WPVF212 0003081479 0003216055 WPVF213 0003081480 0003216057 WPVF214 0003081393 0003216064 WPVF215 0003081394 0003216060 WPVG844 0003081395 N/A WPVG846 0003081397 N/A WPVG847 0003081398 N/A WPVG848 0003081399 N/A WPVG877 0003081401 0003215980 WPVG878 0003081402 0003215981 WPVG879 0003081403 N/A WPVG880 0003081404 N/A WPVG881 0003081405 0003215907 WPVG882 0003081406 N/A WPVG988 0003081407 0003215077 WPVG992 0003081411 N/A WPVH584 0003071997 0003216105 WPVH586 0003071999 0003216120 WPVH591 0003072004 0003216138 WPVH595 0003072008 0003216067 WQAD634 0003833097 0003833100 WQAD635 0003833217 0003833280 WQAD639 0003833318 0003833320 WQAD640 0003833321 0003833325 WQAD641 0003833330 0003833331 WQAD643 0003833343 0003833344 WQAD645 0003833358 0003833360 WQAD646 0003833362 0003833364 WQAD647 0003833368 0003833371 WQAD650 0003833446 0003833449 WQAD651 0003833452 0003833453 WQAD652 0003833455 0003833456 WQAD653 0003833460 0003833462 WQAD654 0003833464 0003833468 WQAD655 0003833469 0003833470 WQAD656 0003833474 0003833479 WQAD657 0003833480 0003833481 WQAD658 0003833483 0003833484 WQAD659 0003833486 0003833494 WQAD664 0003833497 0003833533 WQAD672 0003833538 0003833540 WQAD674 0003833545 0003833547 WQAD675 0003833549 0003833556 WQAD676 0003833561 0003833565 WQAD677 0003833575 0003833579 APPENDIX B Late-Filed Extension Requests/Dismissed On October 30, 2007, South Dakota conceded that the stations associated with these call signs had not yet been deployed. See 2007 Extension/Waiver Request at 2-3. Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WPVF210 0003081477 0003215982 WPVF211 0003081478 0003216054 WPVF212 0003081479 0003216055 WPVF213 0003081480 0003216057 WPVF214 0003081393 0003216064 WPVF215 0003081394 0003216060 WPVG877 0003081401 0003215980 WPVG878 0003081402 0003215981 WPVG881 0003081405 0003215907 WPVG988 0003081407 0003215077 WPVH584 0003071997 0003216105 WPVH586 0003071999 0003216120 WPVH591 0003072004 0003216138 WPVH595 0003072008 0003216067 APPENDIX C Pending Construction Notifications South Dakota claims that the stations associated with these call signs were constructed and in operation by June 21, 2007, the final construction deadline for these licenses. See 2007 Extension/Waiver Request at 1. Specifically, the State listed these licenses in its consolidated Amended Statement in Support of Substantial Service, but did not file corresponding requests in ULS to extend the construction deadline. Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WPVF200 0003081467 N/A WPVF202 0003081469 N/A WPVF203 0003081470 N/A WPVF204 0003081471 N/A WPVF205 0003081472 N/A WPVF207 0003081474 N/A WPVF208 0003981475 N/A WPVF209 0003081476 N/A WPVG844 0003081395 N/A WPVG846 0003081397 N/A WPVG847 0003081398 N/A WPVG848 0003081399 N/A WPVG879 0003081403 N/A WPVG880 0003081404 N/A WPVG882 0003081406 N/A WPVG992 0003081411 N/A APPENDIX D Timely-Filed Extension Requests On May 11, 2009, South Dakota claimed that by the five-year construction deadline (i.e., May 12, 2009), it had deployed facilities for many of its Part 22 paging licenses, including 10 of the licenses listed in this Appendix. See 2009 Extension/Waiver Request at 2 (referencing Call Signs WQAD635, WQAD643, WQAD647, WQAD651, WQAD652, WQAD654, WQAD655, WQAD656, WQAD657, AND WQAD659) The State also conceded that it had not yet deployed facilities for many of its markets, including 15 of the licenses listed here. See id. at 4 (referencing Call Signs WQAD634, WQAD639, WQAD640, WQAD641, WQAD645, WQAD646, WQAD650, WQAD653, WQAD658, WQAD664, WQAD672, WQAD674, WQAD675, WQAD676, AND WQAD677). Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WQAD634 0003833097 0003833100 WQAD635 0003833217 0003833280 WQAD639 0003833318 0003833320 WQAD640 0003833321 0003833325 WQAD641 0003833330 0003833331 WQAD643 0003833343 0003833344 WQAD645 0003833358 0003833360 WQAD646 0003833362 0003833364 WQAD647 0003833368 0003833371 WQAD650 0003833446 0003833449 WQAD651 0003833452 0003833453 WQAD652 0003833455 0003833456 WQAD653 0003833460 0003833462 WQAD654 0003833464 0003833468 WQAD655 0003833469 0003833470 WQAD656 0003833474 0003833479 WQAD657 0003833480 0003833481 WQAD658 0003833483 0003833484 WQAD659 0003833486 0003833494 WQAD664 0003833497 0003833533 WQAD672 0003833538 0003833540 WQAD674 0003833545 0003833547 WQAD675 0003833549 0003833556 WQAD676 0003833561 0003833565 WQAD677 0003833575 0003833579 APPENDIX E Timely-Filed Extension Requests/Denied Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WQAD634 0003833097 0003833100 WQAD635 0003833217 0003833280 WQAD639 0003833318 0003833320 WQAD640 0003833321 0003833325 WQAD641 0003833330 0003833331 WQAD643 0003833343 0003833344 WQAD645 0003833358 0003833360 WQAD646 0003833362 0003833364 WQAD647 0003833368 0003833371 WQAD651 0003833452 0003833453 WQAD652 0003833455 0003833456 WQAD654 0003833464 0003833468 WQAD655 0003833469 0003833470 WQAD656 0003833474 0003833479 WQAD657 0003833480 0003833481 WQAD658 0003833483 0003833484 WQAD659 0003833486 0003833494 WQAD664 0003833497 0003833533 WQAD674 0003833545 0003833547 WQAD675 0003833549 0003833556 WQAD676 0003833561 0003833565 WQAD677 0003833575 0003833579 APPENDIX F Licenses Showing Partial Market Coverage Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WPVF200 0003081467 N/A WPVF202 0003081469 N/A WPVF203 0003081470 N/A WPVF204 0003081471 N/A WPVF205 0003081472 N/A WPVF207 0003081474 N/A WPVF208 0003981475 N/A WPVG844 0003081395 N/A WPVG846 0003081397 N/A WPVG847 0003081398 N/A WPVG848 0003081399 N/A WPVG992 0003081407 0003215077 WQAD635 0003833217 0003833280 WQAD645 0003833343 0003833344 WQAD650 0003833446 0003833449 WQAD652 0003833455 0003833456 WQAD653 0003833460 0003833462 WQAD654 0003833464 0003833468 WQAD656 0003833474 0003833479 WQAD657 0003833480 0003833481 WQAD659 0003833486 0003833494 APPENDIX G Timely-Filed Extension Requests/Granted Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WQAD650 0003833446 0003833449 WQAD653 0003833460 0003833462 WQAD672 0003833538 0003833540 APPENDIX H Licenses Subject to Automatic Termination As of June 21, 2007 Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WPVF209 0003081476 N/A WPVF210 0003081477 0003215982 WPVF211 0003081478 0003216054 WPVF212 0003081479 0003216055 WPVF213 0003081480 0003216057 WPVF214 0003081393 0003216064 WPVF215 0003081394 0003216060 WPVG877 0003081401 0003215980 WPVG878 0003081402 0003215981 WPVG879 0003081403 N/A WPVG880 0003081404 N/A WPVG881 0003081405 0003215907 WPVG882 0003081406 N/A WPVG988 0003081407 0003215077 WPVH584 0003071997 0003216105 WPVH586 0003071999 0003216120 WPVH591 0003072004 0003216138 WPVH595 0003072008 0003216067 As of May 12, 2009 Call Sign Construction Notifications/File Nos. Extension Requests/File Nos. WQAD634 0003833097 0003833100 WQAD639 0003833318 0003833320 WQAD640 0003833321 0003833325 WQAD641 0003833330 0003833331 WQAD645 0003833358 0003833360 WQAD646 0003833362 0003833364 WQAD647 0003833368 0003833371 WQAD651 0003833452 0003833453 WQAD655 0003833469 0003833470 WQAD658 0003833483 0003833484 WQAD664 0003833497 0003833533 WQAD674 0003833545 0003833547 WQAD675 0003833549 0003833556 WQAD676 0003833561 0003833565 WQAD677 0003833575 0003833579 APPENDIX I Licenses Requiring Technical Waivers To Continue Operations § 22.503(k) Construction Requirements WQAD635, WQAD643, WQAD650, WQAD652, WQAD653, WQAD654, WQAD656, WQAD657, WQAD659, WPVG844, WPVG846, WPVG847, WPVG848, WPVG992, WPVF200, WPVF202, WPVF203, WPVF204, WPVF205, WPVF207, and WPVF208 § 22.561 Operating Outside Prescribed Bandwidth WPVF200, WPVF202, WPVF203, WPVF204, WPVF205, WPVF207, WPVF208, WPVG844, WPVG846, WPVG847, WPVG848, WPVG992, WQAD635, WQAD643, WQAD650, WQAD652, WQAD653, WQAD654, WQAD656, WQAD657, WQAD659, and WQAD672 § 22.561 Exceeds Bandwidth Limits WPVF200, WPVF207 and WPVF208 § 22.561 Mobile to Base Communications WQAD652, WQAD653, WQAD656, WPVG847, WPVG848, WPVG992, WPVF203, WPVF204, and WPVF205 § 22.565(a) Exceeds Maximum ERP WPVF202, WPVF203, and WPVF205, WPVG844, WPVG848, WQAD635, WQAD643, WQAD650, WQAD653, WQAD654, WQAD657, WQAD659, and WQAD672 APPENDIX J Call Signs WPVF200, WPVF202, WPVF203, WPVF204, WPVF205, WPVF207, WPVF208, WPVG844, WPVG846, WPVG847, WPVG848, WPVG992, WQAD635, WQAD643, WQAD650, WQAD652, WQAD653, WQAD654, WQAD656, WQAD657, and WQAD659. Proposed Modified License Areas The proposed modified boundaries of each license area will be defined by the interference contour(s) of its base transmitter(s) as calculated pursuant to Section 22.537(d) or 22.567(d), as applicable. The following maps depicting the proposed modified license areas of each call sign were derived using technical information provided by the State of South Dakota. The technical information used was provided in South Dakota’s June 21, 2007 and May 12, 2009 construction notifications filed for each license, subsequent amendments to these construction notifications, as well as alternative showings provided via email to FCC staff on July 27, 2018, October 12, 2018, October 18, 2018, and November 6, 2018. The tables below detail the base transmitter information provided by South Dakota, including 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. Latitude/Longitude coordinates, elevation and HAAT information were updated by Commission staff after technical review of information provided by State of South Dakota. The tables also specify the distances from each base transmitter to its interfering contour along the eight radials that were calculated using South Dakota’s technical data. The output power and HAAT data provided by South Dakota were averaged values; the individual radial power and HAAT values were derived using these averaged values. Contour Information for Call Signs subject to Section 22.567(d) Call Sign Location Latitude, Longitude Elevation(m) Antenna Height(m) HAAT(m) ERP (W) WQAD635 Corson N 45 44 43.26, W 100 48 46.91 627.2 50.9 82.9 200 WQAD643 Corson N 45 44 43.26, W 100 48 46.91 627.2 50.9 82.9 200 WQAD650 McPherson N 45-43-40.04 N, W 99 05 47.40 606.6 56.7 109.1 160 WQAD652 Herreid N 45 49 26.33, W 100 01 46.13 529.1 23.5 6.1 270 WQAD653 McPherson N 45-43-40.04 N, W 99 05 47.40 606.6 56.7 109.1 160 WQAD654 Herreid N 45 49 26.33, W 100 01 46.13 529.1 23.5 6.1 270 WQAD656 Herreid N 45 49 26.33, W 100 01 46.13 529.1 23.5 6.1 270 WQAD657 Herreid N 45 49 26.33, W 100 01 46.13 529.1 23.5 6.1 270 WQAD659 Herreid N 45 49 26.33, W 100 01 46.13 529.1 23.5 6.1 270 WPVG844 N Minnehaha N 43 31 56.5, W 96 59 20.11 493.4 25.9 49.1 100 Orient Hills N 44 52 27.44, W 99 16 4.51 612.0 21.3 82.9 145 Winner N 43 17 46.14, W 99 52 5.02 694.5 25.0 50.9 250 WPVG846 Sioux Falls N 43 31 49.91, W 96 45 27.25 455.2 18.3 29.9 41 WPVG847 Sioux Falls N 43 31 49.91, W 96 45 27.25 455.2 18.3 29.9 41 WPVG848 Watertown N 44 50 52.15, W 97 6 18.72 550.1 23.8 10.1 250 WPVG992 Turkey Ridge N 43 14 35.88, W 97 22 39.00 520.4 28.3 103.1 170 WPVF200 Sioux Falls N 43 31 49.91, W 96 45 27.25 455.2 18.3 29.9 41 WPVF202 Yanktown N 42 50 31.81, W 97 29 4.24 416.3 62.5 74.1 160 Watertown N 44 50 52.15, W 97 6 18.72 550.1 23.8 10.1 250 WPVF203 Winner N 43 17 46.14, W 99 52 5.02 694.5 25.0 50.9 250 WPVF204 Brookings N 44 20 49.78, W 96 43 46.63 513.9 64.0 72.0 150 Radar Hill N 43 04 49.04, W 98 28 59.09 565.8 32.0 135.9 60 WPVF205 Yanktown N 42 50 31.81, W 97 29 4.24 416.3 62.5 74.1 160 Watertown N 44 50 52.15, W 97 6 18.72 550.1 23.8 10.1 250 WPVF207 Brookings N 44 20 49.78, W 96 43 46.63 513.9 64.0 72.0 150 Sioux Falls N 43 31 49.91, W 96 45 27.25 455.2 18.3 29.9 41 WPVF208 Beresford N 43 03 01.48, W 96 47 02.26 460 85.3 135 75 Transmitter Radial Values – per Section 22.567(d) Location Azimuth HAAT (m) ERP (W) Distance (km) Corson 0 59.6 200 62.6 45 66.8 200 64.3 90 95.6 200 70.1 135 123.0 200 74.5 180 136.0 200 76.3 225 95.4 200 70.1 270 48.8 200 59.7 315 40.9 200 57.2 McPherson 0 64.6 160 61.2 45 102.7 160 68.4 90 157.4 160 80.2 135 156.0 160 80.0 180 115.4 160 70.3 225 74.9 160 63.4 270 72.1 160 62.8 315 71.6 160 62.7 Herreid 0 3.4 270 56.2 45 -23.0 270 56.2 90 -12.6 270 56.2 135 6.4 270 56.2 180 33.8 270 57.8 225 18.1 270 56.2 270 27.9 270 56.2 315 25.2 270 56.2 N Minnehaha 0 27.7 100 46.5 45 42.4 100 50.6 90 60.1 100 55.0 135 59.5 100 54.9 180 70.9 100 57.2 225 82.1 100 59.3 270 61.4 100 55.3 315 30.9 100 46.9 Orient Hills 0 68.6 145 60.9 45 54.9 145 57.7 90 96.0 145 66.0 135 104.3 145 67.4 180 98.5 145 66.4 225 80.9 145 63.4 270 48.2 145 56.0 315 57.2 145 58.3 Winner 0 117.3 250 76.8 45 97.2 250 73.4 90 48.6 250 62.2 135 18.0 250 55.4 180 4.9 250 55.4 225 5.2 250 55.4 270 30.8 250 55.7 315 83.3 250 70.8 Sioux Falls 0 21.3 41 39.3 45 53.7 41 45.2 90 41.5 41 42.5 135 38.6 41 41.7 180 28.9 41 39.3 225 20.9 41 39.3 270 13.1 41 39.3 315 18.7 41 39.3 Watertown 0 42.4 250 60.2 45 26.1 250 55.4 90 11.6 250 55.4 135 41.6 250 59.9 180 43.0 250 60.4 225 30.8 250 55.7 270 42.6 250 60.3 315 46.4 250 61.5 Turkey Ridge 0 85.7 170 66.2 45 113.1 170 70.8 90 111.9 170 70.6 135 57.7 170 60.2 180 107.8 170 70.0 225 125.7 170 72.6 270 111.5 170 70.5 315 81.1 170 65.4 Yanktown 0 60.3 160 60.2 45 102.4 160 68.3 90 116.6 160 70.5 135 64.5 160 61.2 180 50.0 160 57.5 225 26.2 160 50.9 270 111.8 160 69.8 315 33.8 160 52.4 Brookings 0 57.3 150 58.7 45 37.0 150 52.9 90 55.1 150 58.2 135 73.5 150 62.3 180 85.5 150 64.6 225 84.6 150 64.5 270 83.1 150 64.2 315 67.8 150 61.1 Radar Hill 0 122.6 60 59.2 45 139.8 60 61.1 90 133.4 60 60.4 135 106.2 60 57.2 180 166.8 60 70.8 225 128.1 60 59.8 270 178.9 60 72.0 315 95.0 60 55.7 Beresford 0 108.5 75 60.0 45 95.1 75 58.1 90 128.2 75 62.4 135 129.2 75 62.6 180 136.1 75 63.3 225 151.0 75 71.4 270 152.9 75 71.6 315 149.6 75 64.8