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 Federal  Communications  Commission  FCC  02-  273 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  Application  of 
 GRECO  COUSINS  CONCRETE  CORP. 
 For  Authorization  to  Operate  a  Private  Land  Mobile  Radio  Station  in  the  Industrial  Service 


 And  License  of 
 BERGEN  COUNTY  POLICE  DEPARTMENT 
 To  Operate  Frequency  Pair  477/  480.5125  MHz  Under  Call  Sign  WPLR685 


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 File  No.  D069976 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  September  27,  2002  Released:  October  2,  2002 
 By  the  Commission: 
 1.  On  April  5,  2002,  Greco  Cousins  Concrete  Corporation  (Greco)  filed  an  application  for  review  1  of  the  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau 
 (Division)  affirmance  2  of  the  grant  of  an  application  filed  by  Bergen  County  Police  Department  to  operate  on  the  frequency  pair  477/  480.5125  MHz  in  the  New  York  City/  New  Jersey  metropolitan  area. 
 Additionally,  Greco  objects  to  the  dismissal  of  its  above-  captioned  application. 
 2.  We  have  reviewed  the  Application  for  Review  and  find  that  the  Division  staff  properly  decided  the  matters  raised.  In  particular,  we  agree  with  the  Division’s  analysis  and  conclusion  that 


 APCO’s  actions  satisfied  the  requirements  of  Section  90.175  of  the  Commission’s  Rules  because  ITA  had  knowledge  of  and  consented  to  APCO’s  coordination  of  the  CIBRO-  NYPD  assignment/  modification 
 application  before  ITA  coordinated  the  Greco  application.  3  Thus,  we  agree  with  the  Bureau’s  conclusion  that  NYPD  assigned  a  properly  coordinated  license  to  the  Bergen  County  Police  Department.  4 


 3.  We  believe,  however,  that  one  issue  warrants  further  comment.  Greco  argues  that  the  Division’s  decision  must  be  overturned  because  it  will  substantially  undermine  the  coordination  process 
 by  permitting  “parties  to  claim  frequency  rights  based  entirely  on  oral  communications  rather  than  written  records”  5  and  an  applicant  or  a  representative  of  an  applicant  to  relay  a  concurrence.  6  We  do  not  agree 


 1  Application  for  Review  (filed  Apr.  4,  2002). 
 2  Greco  Cousins  Concrete  Corp  et  al.,  Order  on  Reconsideration,  17  FCC  Rcd  4265  (WTB  PSPWD  2002)  (Order 
 on  Reconsideration).  3 
 Id.  at  4270  ¶  9.  4 
 Id.  at  4271  ¶  12.  5 
 Application  for  Review  at  8. 
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 Federal  Communications  Commission  FCC  02-  273 
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 that  the  Division  created  new  precedent  in  this  proceeding.  On  the  contrary,  the  Division  followed  well-established  Commission  precedent  when  it  stated  that  “the  Commission  generally  does  not  mandate  the 
 procedures  by  which  the  frequency  coordinators  perform  frequency  coordination.”  7  In  this  particular  instance,  based  on  the  record,  the  Division  was  confronted  with  information  from  both  ITA  and  APCO 
 concerning  the  frequency  coordination  procedures  that  were  used  in  1996.  According  to  ITA  “[  t]  here  are  procedures  in  place  that  were  agreed  upon  by  all  of  the  frequency  advisory  committees,  including  APCO, 
 for  inter-  service  coordinations  and  notifications.”  8  In  contrast,  APCO  states  that  “in  1996  there  were  not  well-  established,  documented  procedures  agreed  to  by  the  coordinators  for  their  processing  of  this  type  of 
 application.”  9  APCO  states  that  the  CIBRO-  NYPD  application  was  unique  because  “Special  Industrial  licensees  rarely  assign  channels  to  public  safety  licensees  in  any  band.”  10  APCO  further  argues  that  the 
 provisions  of  Section  90.  311  of  the  Commission’s  Rules  11  “were  far  from  clear  with  regard  to  the  coordination  of  such  an  assignment  in  the  470-  512  MHz  band,  where  the  availability  of  a  frequency  for  a 
 particular  class  of  user  (and  its  coordination  responsibility)  could  shift  with  assignment  from  one  frequency  pool  to  another.”  12  In  light  of  this  evidence,  we  agree  with  the  Division  that  the  fact  that  ITA 
 may  not  have  followed  its  normal  procedures  in  granting  such  concurrence  does  not  vitiate  its  grant  of  consent  or  support  the  conclusion  that  the  coordination  of  the  CIBRO-  NYPD  application  violated  the 
 Commission’s  Rules. 
 4.  Accordingly,  IT  IS  ORDERED  that  pursuant  to  Sections  4(  i)  and  5(  c)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  155(  c),  and  Section  1.  115  of  the 


 Commission’s  Rules,  47  C.  F.  R.  §  1.115,  the  Application  for  Review  filed  by  Greco  Cousins  Concrete  Corporation  on  April  4,  2002  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 


 (...  continued  from  previous  page)  6  Id.  at  9. 
 7  Order  on  Reconsideration,  17  FCC  Rcd  at  4270  ¶  10. 
 8  Letter  from  Andre  Cote,  Senior  Vice  President,  Industrial  Telecommunications  Association  to  D’wana  R.  Terry, 
 Public  Safety  and  Private  Wireless  Division  at  3  (July  17,  2000).  9 
 Association  of  Public-  Safety  Communications  Officials-  International,  Inc.,  Opposition  to  Petition  for  Reconsideration  at  3  (filed  July,  17,  2001)  (APCO  Opposition). 


 10  Id. 
 11  47  C.  F.  R.  §  90.311  (1996). 
 12  APCO  Opposition  at  3. 
2