Federal Communications Commission	DA 21-977


Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of

County of Los Angeles, Annual Report and Request for Extension of Los Angeles, California (2018); Annual Report and Request for Extension of Los Angeles, California (2020)

County of Los Angeles, Request for Waiver of section 90.155(g) of the Commission’s Rules

County of Los Angeles, Request for Extended Implementation


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File Nos. 0008483760 et al.




File No. 0008485258


File Nos. 0008306279 et al.
Order

Adopted:  August 9, 2021						Released:  August 9, 2021

By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau:

I. INTRODUCTION
1. This Order addresses the above-captioned requests filed on behalf of the County of Los Angeles, California (County), seeking waiver of section 90.629 of the Commission’s rules 47 CFR § 90.629.
 to extend the construction completion date for multiple licenses in the 470-512 MHz band (T-Band) that are to be integrated into the Los Angeles Regional Interoperable Communications System (LA-RICS). See File Nos. 0008483760 et al. (filed Dec. 31, 2018 – Jan. 2, 2019, amended Feb. 16-25, 2021), attached Annual Report and Request for Extension of Los Angeles, California (dated Dec. 31, 2018) (2018 Extension Request); attached Annual Report and Request for Extension of Los Angeles, California (dated Dec. 29, 2020) (2020 Extension Request).  For a list of call signs and file numbers associated with the extension requests, see infra Appendix A.
  The pending requests include:
· A request for extension of time to construct 78 licenses from December 31, 2018 to December 31, 2020, 2018 Extension Request at 7.  
 amended by a request for a further extension until December 31, 2022; 2020 Extension Request at 9.

· A request for waiver of section 90.155(g) of the Commission’s rules 47 CFR § 90.155(g).
 to allow acceptance of a late-filed construction extension request for call sign WQXE728; File No. 0008485258 (filed Jan. 2, 2019, amended Jan. 28, 2019, Feb. 25, 2021), attached Exhibit B, Waiver (WQXE728 Waiver).  See 47 CFR § 90.155(g).
 and
· Ten applications to modify various technical parameters for ten licenses (a subset of the 78 licenses referenced above), and a request for an extended implementation deadline of September 20, 2022 to complete the proposed modifications. See File Nos. 0008306279 et al. (filed Aug. 3, 2018 – Jan. 27, 2020), attached Request for Extended Implementation.  For a complete list of call signs and file numbers associated with the slow growth request, see infra Appendix B.  These licenses are a subset of the licenses listed in Appendix A.  The technical modifications include shifts in transmitter site coordinates, changes to height and power, and addition of 9.8 kilohertz bandwidth emission designators.
  
2. For the reasons discussed below, we grant the County’s extension requests associated with the applications listed in Appendix A.  We also grant the request for waiver to accept the untimely-filed extension request for call sign WQXE728.  Finally, we grant the request for modification and extended implementation with respect to the licenses listed in Appendix B, but on our own motion, we extend the implementation deadline until December 31, 2022 in order to establish a uniform expiration date for all the licenses at issue. 
II. BACKGROUND
3. The LA County T-Band system consists of three subsystems: (1) the LA County Sheriff’s Department System consisting of 55 contiguous wideband (25 kilohertz) channels in the TV Channel 16 band (482-488 MHz) for the voice system and ten non-contiguous channels in the TV Channel 14 band (470-476 MHz) for the data system 2018 Extension Request at 2-3.
 (2) an interoperable voice radio system in the TV Channel 15 band (476-482 MHz) to be used by all public safety agencies in the County; 2018 Extension Request at 3-5.  Because 47 CFR § 90.303 does not allocate Channel 15 for the Private Land Mobile Radio Service in the Los Angeles area, the County obtained its Channel 15 licenses by waiver pursuant to section 337 of the Communications Act of 1934, as amended (47 USC § 337(c)).  See County of Los Angeles, California, Order, 23 FCC Rcd 18389 (PSHSB 2008).
 and (3) a narrowband system in the TV Channel 14/15 bands. 2018 Extension Request at 5.
  
4. On September 29, 2016, the Public Safety and Homeland Security Bureau (Bureau) granted the County a construction extension for its T-Band system from December 31, 2016 to December 31, 2018. Letter from David G. Simpson, Rear Admiral, USN (Ret.), Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission to Alan S. Tilles, Esq., Shulman Rogers Gandal Pordy & Ecker, P.A., 31 FCC Rcd 10858 (PSHSB 2016) (2016 FCC Letter). 
  The Bureau stated that strict enforcement of the December 31, 2016 deadline “would be inequitable and contrary to the public interest, as cancellation of the County’s licenses would strand investment of tax and federal grant dollars and would squander facilities already under construction.” 2016 FCC Letter, 23 FCC Rcd at 18391.

5. As of December 31, 2018, the County reported that it had constructed 20 of the 59 sites of its T-Band system. 2018 Extension Request at 6.
  As of April 20, 2020, the County stated that “the spectrum is being heavily used by L.A. County, with more than 22,000 mobile units presently in operation at forty-nine (49) transmitter sites, . . .” On April 22, 2020, the County filed an additional progress report on construction progress to date, attached to the 78 call signs listed in Appendix A.  See call signs WPLU218 et al., attached Annual Report and Request for Extension of Los Angeles, California, at 4 (dated Apr. 20, 2020, filed Apr. 22, 2020) (April 2020 Report).
  The County stated that “construction had been continuing on twenty-nine (29) new transmitter sites with two of the newly constructed sites now in operation (operations continue at five existing sites).” April 2020 Report at 4.
  As of December 29, 2020, the County states that “construction for the upgraded system has been completed at thirty-two (32) transmitter sites.  Construction continues at fifteen (15) sites, with the final eleven (11) sites scheduled to complete by fall of 2021.” 2020 Extension Request at 7.

6. The County states that “despite the considerable progress made to date,” it has experienced delays due to circumstances beyond its control and requires additional time to complete construction of the County-wide system. 2020 Extension Request at 9.  
  The County attributes delays to four factors.  
7. First, the County cites uncertainty that existed prior to this year concerning the impact on T-Band of section 6103 of the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act).  This statutory provision, which has since been repealed but was in effect when the County filed its extension request, required the Commission, not later than February 2021, to: (1) reallocate public safety spectrum in the T-Band; (2) begin a system of competitive bidding to grant new initial licenses for such spectrum, and (3) relocate public safety users not later than two years after said competitive bidding is completed. 2018 Extension Request at 7-8; 2020 Extension Request at 9.  See Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Pub. L. No. 112-96, 126 Stat. 156.  On December 27, 2020, section 902 of the Consolidated Appropriations Act, 2021 repealed Section 6103 of the Spectrum Act.  See Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, Division FF, Title IX, section 902 (2020).
 
8. Second, the County contends that interference to its operations on Channel 15 from a Mexican television station on the same channel has further delayed system implementation. 2018 Extension Request at 8; 2020 Extension Request at 10.
  The County states that it “has been forced to delay its Channel 15 implementation, and research methodologies to eliminate the interference.” 2018 Extension Request at 9; 2020 Extension Request at 10.
  The County asserts that in addition to causing implementation delays, the interference may require a system redesign and potential reapportionment of already deployed equipment, at a significant cost, to cure the interference. 2018 Extension Request at 9; 2020 Extension Request at 10.
  The County states that it is proceeding with site acquisition and construction activities while it continues “efforts to negotiate interference mitigation and redesign the system (where possible) with regard to Tijuana interference.” April 2020 Report at 5.

9. Third, the County cites significant delays due to interference from nearby broadcast television stations on Channels 15 and 16. April 2020 Report at 4.  
  Specifically, the County indicates that it has experienced interference from three broadcast stations: (1) Station KHSC-LD, TV Channel 16, Fresno, California; (2) Station KDTF-LD, TV Channel 16, San Diego, California; and (3) Station KTLD-CD, TV Channel 15, Bakersfield, California. 2020 Extension Request at 10-11.
  The County claims that it has been forced to redesign its system in an effort to minimize this interference. April 2020 Report at 5.
   The County indicates that efforts to resolve the interference with the TV stations has diverted resources away from construction, causing delays in deployment. 2020 Extension Request at 11.

10. Finally, the County cites the COVID-19 pandemic as an additional impediment to system completion. 2020 Extension Request at 8.
  The County indicates that due to the pandemic, its system build has been slowed by: (1) shortage of staff needed to complete narrowbanding of the Sheriff’s Department radio system on Channels 14 and 16, and to accompany Motorola personnel to sites where required; (2) budgetary freezes and cutbacks due to reduced County revenues eliminating overtime work; and (3) delays in delivery of equipment. 2020 Extension Request at 8.

11. The County requests a final build out date of December 31, 2022 for all 78 of its licenses, citing the complexities in deploying a large communication system, including design, install, and testing. 2020 Extension Request at 9.
  The County submits that it “has demonstrated all of the ‘good faith’ factors cited by the Commission in prior extension cases.” 2018 Extension Request at 11; 2020 Extension Request at 12 citing Texas Utilities Services, Inc., Order, 18 FCC Rcd 11051 (WTB 2003).
  The County notes that the extension period it seeks is a reasonable amount of time to complete the project given the totality of the circumstances. 2018 Extension Request at 11, 2020 Extension Request at 13.
  The County also asserts that the fact that one of the systems has been operational since the 1980s, and that the second is partially constructed, demonstrates that it is not warehousing spectrum Id.  The operational system is the Los Angeles County Sheriff’s Department System.  Id. at 2-3.

III. DISCUSSION
12. 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 requested waiver would be in the public interest; 47 CFR § 1.925(b)(3)(i).
 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. 47 CFR § 1.925(b)(3)(ii).
  An applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and circumstances that warrant a waiver. 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).

13. System-Wide Extension Request.  The County has demonstrated reasonable diligence in constructing its system considering the factors it has cited as impeding timely construction.  The unusual factual circumstances the County has encountered satisfy the second prong of the Commission’s waiver standard, and we agree with the County that “this system represents an enormously complex and substantial undertaking” that warrants more time for completion. 2018 Extension Request at 10, 2020 Extension Request at 12.
  The County has faced significant delays resulting from factors outside its control, including the COVID-19 pandemic and the uncertainty created by the T-Band relocation legislation prior to its repeal.  In light of these factors, we find that strict enforcement of the prior construction deadlines would be both inequitable and contrary to the public interest in that it would result in a waste of tax and federal grant dollars, strand investment in facilities already under construction, and, most importantly, deprive the citizens and first responders in the greater Los Angeles area of a critically needed, interoperable public safety communications system.  Accordingly, we grant the County’s extension requests and extend the construction deadline to December 31, 2022 for the 78 licenses and applications listed in Appendix A.  
14. Request to Accept Late-Filed Application.  The County’s request for extension of time to construct license WQXE728 was late-filed one business day after the construction deadline had expired. 47 CFR § 90.155(g) requires that “[e]xtensions of time must be filed prior to the expiration of the construction period.”  The County requests that we waive this requirement to enable acceptance of the late-filed extension.  WQXE728 Waiver at 1.
  Although the extension requests for all of the County’s other licenses were timely filed, the County states that the licensing assistant who filed the extension requests was recovering from major surgery and overlooked the extension request for this license. WQXE728 Waiver at 1.
  Once the County recognized its error, it immediately  filed the extension request for call sign WQXE728 and requests that we accept the late filing. WQXE728 Waiver at 1.  The County submitted File No. 0008485258 with the 2018 Extension Request on January 2, 2019.
  
15. We grant the County’s request and accept the late-filed extension request for license WQXE728.  The County filed timely extension requests for all but one of its 78 licenses, and its late filing by one business day of the one remaining request is a de minimis error that did not adversely affect the public interest. 
16. License Modification and Extended Implementation Request.  Finally, we grant the County extended implementation to complete modification of the facilities specified in ten applications for modification of licenses listed in Appendix B.  The County has demonstrated that these modifications are necessary to mitigate interference the County is receiving from the Channel 15 television station in Tijuana, Mexico.  Although every reasonable effort has been made to mitigate the interference from this station through other means, including contacts with Mexican authorities, the interference persists and can only be mitigated by adjustments to locations, antenna height, and transmitter power of certain stations in the County’s system.  Because the ten licenses being modified are part of the 78 licenses subject to the extension request, on our own motion, we extend the deadline for completion of the associated facilities from the requested date of September 30, 2022 to December 31, 2022 to harmonize the build-out date for all facilities covered by this Order.
IV. ORDERING CLAUSES
17. Accordingly, IT IS ORDERED pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and sections 1.925, 1.946(e), and 90.629 of the Commission’s rules, 47 CFR §§ 1.925, 1.946(e), 90.629, that the requests for waiver filed by the County of Los Angeles, California on December 31, 2018, and December 29, 2020 in connection with applications File Nos. 0008483760, et al., listed in Appendix A and the Request for Extended Implementation filed by the County of Los Angeles, California on August 3, 2018 in connection with applications File Nos. 0008306279 et al. listed in Appendix B, ARE GRANTED, and the applications SHALL BE PROCESSED consistent with this Order and the Commission’s rules.
18. IT IS FURTHER ORDERED pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and sections 1.925, 1.946(e), and 90.629 of the Commission’s rules, 47 CFR §§ 1.925, 1.946(e), 90.629, that the construction deadline for the facilities represented by the call signs listed in Appendices A and B is, hereby, extended to December 31, 2022.
19. IT IS FURTHER ORDERED pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and sections 1.925 and 90.155(g) of the Commission’s rules, 47 CFR §§ 1.925, 90.155(g), that the request for waiver filed by the County of Los Angeles, California on January 2, 2019, as amended, in connection with application File No. 0008485258, call sign WQXE728, IS GRANTED.
20. This action is taken under delegated authority pursuant to sections 0.191 and 0.392 of the Commission’s rules, 47 CFR §§ 0.191, 0.392.

FEDERAL COMMUNICATIONS COMMISSION




						John A. Evanoff 
						Chief, Policy and Licensing Division
						Public Safety and Homeland Security Bureau
APPENDIX A

Extension Request Applications

 
Call Sign
File Number 
Amendment Date
Extension Date Granted
1 
WPLU218  
0008483760
2/25/2021
12/31/2022
2 
WPLU220  
0008483762
2/16/2021
12/31/2022
3 
WPLU221  
0008483764
2/16/2021
12/31/2022
4 
WPLU224  
0008483785
2/16/2021
12/31/2022
5 
WPLU230  
0008483789
2/17/2021
12/31/2022
6 
WPLU231  
0008483791
2/18/2021
12/31/2022
7 
WPLU232  
0008483801
2/18/2021
12/31/2022
8 
WPLU234  
0008483803
2/18/2021
12/31/2022
9 
WPMK204  
0008483807
2/18/2021
12/31/2022
10 
WPMK277  
0008483809
2/18/2021
12/31/2022
11 
WPMK278  
0008483821
2/18/2021
12/31/2022
12 
WPMK279  
0008483825
2/18/2021
12/31/2022
13 
WPMK280  
0008483831
2/18/2021
12/31/2022
14 
WPMK281  
0008483836
2/18/2021
12/31/2022
15 
WPMK282  
0008483840
2/18/2021
12/31/2022
16 
WPMM805  
0008483843
2/18/2021
12/31/2022
17 
WPMM807  
0008483845
2/18/2021
12/31/2022
18 
WPMW796  
0008483857
2/18/2021
12/31/2022
19 
WPNP716  
0008483862
2/18/2021
12/31/2022
20 
WPNP718  
0008483755
2/18/2021
12/31/2022
21 
WQJX500  
0008483864
2/18/2021
12/31/2022
22 
WQJX501  
0008483865
2/18/2021
12/31/2022
23 
WQJX502  
0008483866
2/18/2021
12/31/2022
24 
WQJX503  
0008483870
2/18/2021
12/31/2022
25 
WQJX504  
0008483871
2/18/2021
12/31/2022
26 
WQJX505  
0008483874
2/18/2021
12/31/2022
27 
WQJX506  
0008483878
2/18/2021
12/31/2022
28 
WQJX507  
0008483881
2/18/2021
12/31/2022
29 
WQJX508  
0008483889
2/18/2021
12/31/2022
30 
WQJX509  
0008483891
2/18/2021
12/31/2022
31 
WQJX510  
0008483894
2/18/2021
12/31/2022
32 
WQJX511  
0008483895
2/19/2021
12/31/2022
33 
WQJX512  
0008483896
2/19/2021
12/31/2022
34 
WQJX513  
0008483897
2/19/2021
12/31/2022
35 
WQJX514  
0008483898
2/19/2021
12/31/2022
36 
WQJX515  
0008483901
2/19/2021
12/31/2022
37 
WQJX516  
0008483902
2/19/2021
12/31/2022
38 
WQJX517  
0008483759
2/19/2021
12/31/2022
39 
WQJX518  
0008483905
2/19/2021
12/31/2022
40 
WQJX519  
0008483909
2/19/2021
12/31/2022
41 
WQJX520  
0008483910
2/19/2021
12/31/2022
42 
WQJX521  
0008483930
2/19/2021
12/31/2022
43 
WQJX522  
0008483932
2/19/2021
12/31/2022
44 
WQJX523  
0008483935
2/19/2021
12/31/2022
45 
WQJX524  
0008483938
2/19/2021
12/31/2022
46 
WQJX525  
0008483940
2/19/2021
12/31/2022
47 
WQJX526  
0008483944
2/19/2021
12/31/2022
48 
WQJX527  
0008483946
2/19/2021
12/31/2022
49 
WQJX528  
0008483947
2/19/2021
12/31/2022
50 
WQJX529  
0008483948
2/19/2021
12/31/2022
51 
WQJX530  
0008483951
2/19/2021
12/31/2022
52 
WQJX531  
0008483952
2/19/2021
12/31/2022
53 
WQJX532  
0008483953
2/19/2021
12/31/2022
54 
WQJX533  
0008483954
2/22/2021
12/31/2022
55 
WQJX534  
0008483955
2/25/2021
12/31/2022
56 
WQJX535  
0008483957
2/25/2021
12/31/2022
57 
WQJX536  
0008483960
2/25/2021
12/31/2022
58 
WQJX537  
0008483962
2/25/2021
12/31/2022
59 
WQJX538  
0008483963
2/25/2021
12/31/2022
60 
WQJX539  
0008483964
2/25/2021
12/31/2022
61 
WQJX540  
0008483965
2/25/2021
12/31/2022
62 
WQJX541  
0008483966
2/25/2021
12/31/2022
63 
WQJX542  
0008483967
2/25/2021
12/31/2022
64 
WQJX543  
0008483968
2/25/2021
12/31/2022
65 
WQJX544  
0008483971
2/25/2021
12/31/2022
66 
WQJX545  
0008483972
2/25/2021
12/31/2022
67 
WQJX546  
0008483974
2/25/2021
12/31/2022
68 
WQJX547  
0008483977
2/25/2021
12/31/2022
69 
WQJX548  
0008483978
2/25/2021
12/31/2022
70 
WQJX549  
0008483979
2/25/2021
12/31/2022
71 
WQJX550  
0008483981
2/25/2021
12/31/2022
72 
WQJX551  
0008483982
2/25/2021
12/31/2022
73 
WQJX552  
0008483983
2/25/2021
12/31/2022
74 
WQJX553  
0008483985
2/25/2021
12/31/2022
75 
WQJX554  
0008483986
2/25/2021
12/31/2022
76 
WQJX556  
0008483988
2/25/2021
12/31/2022
77 
WQJX557  
0008483990
2/25/2021
12/31/2022
78
WQXE728
0008485258*
2/25/2021
12/31/2022

* Initially filed 1/2/2019

APPENDIX B

Modification Applications with Extended Implementation

 
Call Sign
File
Number
Extension Date Granted
1 
WQJX501
0008924333
12/31/2022 
2 
WQJX527
0008928247
12/31/2022 
3 
WQJX502
0008928252
12/31/2022 
4 
WQJX504
0008928282
12/31/2022 
5 
WQJX526
0008928299
12/31/2022 
6 
WQJX528
0008928431
12/31/2022 
7 
WQJX511
0008929283
12/31/2022 
8 
WQJX508
0008955690
12/31/2022 
9 
WQJX513
0008927073
12/31/2022 
10 
WQJX516
0008306279
12/31/2022 



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