Federal Communications Commission DA 12-1796 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of REGIONAL PUBLIC SAFETY PARTNERS IN PIERCE COUNTY, WASHINGTON Request for Waiver of Section 90.209(b) of the Commission’s Rules ) ) ) ) ) ) ) WT Docket 99-87 ORDER Adopted: November 9, 2012 Released: November 9, 2012 By the: Deputy Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On April 6, 2012, the Regional Public Safety Partners in Pierce County, Washington (Pierce County) submitted a request for waiver1 of the Commission’s VHF/UHF narrowbanding deadline, which requires private land mobile radio licenses in the 150-174 MHz and 421-512 MHz bands to operate using channel bandwidth of no more than 12.5 kHz or equivalent efficiency by January 1, 2013.2 Pierce County originally sought an extension of the narrowbanding deadline until and including January 1, 2014.3 However, on September 21, 2012 Pierce County amended its request to seek a waiver until December 31, 2014.4 By this Order, we grant the request for an extension up to, and including, December 31, 2014. II. BACKGROUND 2. Pierce County is transitioning thirty-five Public Safety licensees’ existing VHF/UHF systems to a 700/800 MHz county-wide trunking system.5 Pierce County claims that 1 See Request for Waiver of Commission Rules, filed April 6, 2012, by Regional Public Safety Partners in Pierce County, Washington (Waiver Request). See also Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, Third Memorandum Opinion and Order and Third Further Notice of Proposed Rule Making and Order, WT Docket No. 99-87, 19 FCC Rcd 25045 (2004). 2 47 C.F.R. § 90.209(b)(5). A suspension on applications in the T-Band (450-512 MHz) has been in effect since April 26, 2012. See Wireless Telecommunications Bureau and Public Safety and Homeland Security Bureau Suspend the Acceptance and Processing of Certain Part 22 and 90 Applications for 470-512 MHz (T-Band) Spectrum, Public Notice, 27 FCC Rcd 4218 (WTB/PSHSB 2012). 3 Waiver Request at 1. 4 See Letter, dated September 21, 2012 from Jim Sharp, South Sound 911 Project Manager to Roberto Mussenden, Public Safety and Homeland Security Bureau, Federal Communications Commission (Sharp Letter). 5 See generally Waiver Request. See also id. at Appendix A. Federal Communications Commission DA 12-1796 2 they have been planning to eliminate the disparate systems, improve interoperability, and meet the January 1, 2013 narrowbanding deadline since 2005.6 Originally, each Pierce County agency planned to individually upgrade or replace its equipment to support narrowband operations as necessary.7 However, in November 2011, Pierce County voters approved Proposition 1, establishing “South Sound 911” (SS911), which is charged with consolidating four dispatch centers and two regional communications centers and providing funding to upgrade and/or consolidate existing disparate Public Safety radio communications systems.8 Pierce County also states Proposition 1 specifically allots a .01 percent sales tax to funding radio communications and 911 dispatch facilities. 9 3. Pierce County claims it is developing a detailed design for the expanded 700/800 MHz county-wide trunking environment and that the two largest agencies in the county, Pierce County and the City of Tacoma, have entered into contracts.10 Pierce County states that it is planning early deployment of new radios, and that the majority of the mobile and portable fleet will be narrowband compliant by the 2013 narrowbanding deadline.11 4. Pierce County states that, although it is working through the governance and financial challenges of establishing a new governmental consortium, it will be unable to meet the January 1, 2013 narrowbanding deadline.12 Pierce County claims that the passage of Proposition 1, which requires development of entirely new facilities and complete reconstruction of others, has adversely affected its narrowbanding schedule, and that many agencies are concerned that they will be required to cease wideband operations before they have safely transitioned to the new 700/800 MHz system.13 Moreover, Pierce County asserts that as SS911 received updated deployment schedules from agencies in the region, it has become clear that more time will be need to allow for governance decision making, procedural issues and the lengthy construction schedules associated with deploying large complex radio systems.14 5. Pierce County states that the Public Safety agencies have focused their limited resources on upgrading and expanding their 700/800 MHz systems, and transitioning users off of the wideband VHF/UHF radio systems.15 Pierce County states that a significant amount of its existing equipment is not narrowband capable, and that, since non-narrowband-capable equipment does not interoperate with narrowbanded equipment, the entire system must be upgraded.16 Pierce County argues that any effort to upgrade the existing system would derail the current process of migrating users to the 700/800 MHz system and that it would be contrary to the 6 Id. 7 Id. at 3. 8 Id. at 1. 9 Id. at 1, 4. 10 Id. at 3. See also Sharp Letter. 11 Waiver Request at 3. 12 Id. at 2. 13 Id. at 2, 3. 14 Sharp Letter at 2. 15 Id. at 2. 16 Id. at 4. Federal Communications Commission DA 12-1796 3 public’s interest to expend financial, technical, and administrative resources upgrading existing equipment when the plan is largely to vacate those VHF/UHF systems.17 6. Pierce County states that it will provide narrowband mobile and portable radios to those agencies that interoperate with nearby entities that plan to narrowband their systems by the January 1, 2013 narrowbanding deadline.18 Pierce County also states that it plans to minimize impacts on co-channel and adjacent channel operations by transitioning users off the existing VHF/UHF channels and turning them off as soon as is reasonable and prudent.19 Pierce County pledges to work with affected co-channel or adjacent users by addressing any harmful interference as well as prioritizing the transition of users off affected channels.20 Pierce County states that while it will repurpose a select subset of VHF/UHF channels for use as a county-wide narrowband interoperability infrastructure, it will return any remaining unused VHF/UHF frequencies to the FCC.21 7. Pierce County originally anticipated completion of its narrowband transition within one and a half years.22 However, in recognition of the unforeseen complexity of this transition coupled with its desire to be prudent and allow for unforeseen circumstances, Pierce County requests an extension of the narrowbanding deadline until and including December 31, 2014.23 8. On May 10, 2012, the Public Safety and Homeland Security Bureau issued a Public Notice seeking comment on the Waiver Request.24 No party filed comments in support or in opposition to the Waiver Request. III. DISCUSSION 9. Pierce County seeks relief pursuant to Section 1.925(b) of the Commission’s rules, which provides that, in order to obtain a waiver of the Commission’s rules, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the waiver would be in the public interest;25 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.26 10. The Wireless Telecommunications Bureau, the Public Safety and Homeland Security Bureau, and the Office of Engineering and Technology have stated in the jointly issued Narrowbanding Waiver Guidance Notice, that “requests for waivers of the deadline (under 17 Id. 18 Id. 19 Id. 20 Id. 21 Id. at 5. 22 Id. at 4. 23 See Sharp Letter. 24 See Public Safety and Homeland Security Bureau Seeks Comment on Requests for Waiver of the January 1, 2013 VHF-UHF Narrowbanding Deadline, Public Notice, 27 FCC Rcd 5101 (PSHSB 2012). 25 47 C.F.R. § 1.925(b)(3)(i). 26 § 1.925(b)(3)(ii). Federal Communications Commission DA 12-1796 4 Section 1.925) will be subject to a high level of scrutiny.”27 This notice suggests factors to include in a request for a waiver.28 In addressing those factors, this Public Notice specifically recommends that licensees explain how: (i) they have worked diligently and in good faith to narrowband their systems expeditiously; (ii) their specific circumstances warrant a temporary extension of the deadline; and (iii) the amount of time for which a waiver is requested is no more than is reasonably necessary to complete the narrowbanding process.29 11. In light of the record, we find that Pierce County warrants waiver relief because it has demonstrated that the underlying purpose of the narrowbanding rule—promoting efficient spectrum use— would not be served or would be frustrated by application to the present case, and that a grant of the waiver would be in the public interest.30 The record shows that Pierce County has taken concrete steps since 2005 to secure transition to a new system that would obviate the need for the affected agencies to meet the Commission’s narrowbanding requirement. Implementation has been underway since 2011 and the project is fully funded. Based on these facts, including Pierce County’s pledge to minimize its impact on affected adjacent channel and co-channel licensees, we find that strict enforcement of the narrowbanding deadline under these circumstances would not serve the underlying purpose of the rule. 12. Furthermore, we find that grant of the request is consistent with the public interest. Requiring Pierce County agencies to divert money, time, and other resources from the achievement of this goal in order to upgrade nearly-obsolete systems would be counterproductive, especially in light of the fact that the agencies would only use the upgraded systems for a short period of time. We also find that granting Pierce County’s Waiver Request will provide the Pierce County agencies with a reasonable amount of time to complete their transition to the new system, while allowing the existing VHF/UHF system to continue to provide area first responders with another layer of interoperability without unduly affecting other licensees. 13. We also find that unique or unusual factual circumstances would make strict compliance with the rules inequitable and unduly burdensome for Pierce County.31 Until November 2011, the Pierce County agencies were narrowbanding their systems under individual unique plans and schedules. Passage of Proposition 1, while providing funding and promoting communications efficiency among the Pierce County agencies, required the agencies to develop a unified schedule. The administrative delays involved in developing and implementing the schedule effectively prevented Pierce County from completing its narrowbanding process by the January 1, 2013 deadline. IV. CONCLUSION 14. Based on the foregoing, we conclude that granting this waiver is in the public interest. Accordingly, we grant Regional Public Safety Partners in Pierce County, Washington a 27 Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office of Engineering and Technology Provide Reminder of January 1, 2013 Deadline for Transition to Narrowband Operations in the 150-174 MHz and 421-512 MHz Bands and Guidance for Submission of Requests for Waiver and Other Matters, Federal Communications Commission Public Notice, 26 FCC Rcd 9647, 9648 (2011) (Reminder and Guidance Notice). 28 Id. at 9649. 29 Id. 30 See 47 C.F.R. § 1.925(b)(3)(i). 31 See § 1.925(b)(3)(ii). Federal Communications Commission DA 12-1796 5 waiver of the Commission’s January 1, 2013 VHF/UHF narrowbanding deadline, until and including December 31, 2014, for the call signs set forth in Appendix A. V. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.925(b)(3)(i) of the Commission’s rules, 47 C.F.R. § 1.925(b)(3)(i), that the Request for Waiver of the Commission rules filed by Regional Public Safety Partners in Pierce County, Washington, IS GRANTED. 16. We take this action under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission’s rules, 47 C.F.R. §§ 0.191 and 0.392 FEDERAL COMMUNICATIONS COMMISSION Zenji Nakazawa Deputy Chief, Policy and Licensing Division Public Safety and Homeland Security Bureau Scot Stone Deputy Chief, Mobility Division, Wireless Telecommunications Bureau Federal Communications Commission DA 12-1796 6 Appendix A: List of Affected Call Signs Call Sign Licensee Name Radio Service WNCW524 Buckley, City Of PW KVA319 Buckley, City Of PW KOA972 Central Pierce Fire Protection District 6 PW WPSN349 City Of Gig Harbor IG KOF221 City Of Tacoma PW WNHJ671 City Of Tacoma IG WRU859 Dupont, City Of PW KOK458 Eatonville, Town Of PW KTS776 Fife, City Of PW KJF797 Fircrest, City Of PW KNFC599 Gig Harbor, City Of PW KNCL517 Gig Harbor, City Of PW KDV657 Graham Fire & Rescue, County Of Pierce PW WQHT617 Orting Police Department PW WXY503 Pierce County PW WQMA347 Pierce County PW WQFQ208 Pierce County PW WQEY450 Pierce County PW WQES897 Pierce County PW WQEA684 Pierce County PW WQDN364 Pierce County PW WQBD245 Pierce County PW WPZV507 Pierce County PW WPZV503 Pierce County PW WPZB949 Pierce County PW WPYI897 Pierce County PW WPXB748 Pierce County PW WPRG300 Pierce County PW WPPX942 Pierce County PW WPMU560 Pierce County PW WPIJ509 Pierce County PW WNJJ410 Pierce County PW WNJB884 Pierce County PW WNFD631 Pierce County PW WNDZ313 Pierce County PW WNAG888 Pierce County PW WAZ668 Pierce County PW WAE690 Pierce County PW Federal Communications Commission DA 12-1796 7 Call Sign Licensee Name Radio Service KYY938 Pierce County PW KYD943 Pierce County PW KWI719 Pierce County PW KR3734 Pierce County PW KOL566 Pierce County PW KOB452 Pierce County PW KNET718 Pierce County PW KNDB840 Pierce County PW KDL939 Pierce County PW KDL938 Pierce County PW KD39983 Pierce County PW KD39671 Pierce County PW KC3985 Pierce County PW KC3711 Pierce County PW KB87344 Pierce County PW KB86231 Pierce County PW KAW630 Pierce County PW WQFU533 Pierce County Airport PW WPIY683 Pierce County Fire Dist 14 PW KNIR647 Pierce County Fire District #25 PW KNJE205 Pierce County Fire District 13 PW KNIR648 Pierce County Fire District 18 PW WQP829 Pierce County Fire District 20 PW WPKG780 Pierce County Fire District 23 PW KIC226 Pierce County Fire District 23 PW WPUK474 Pierce County Fire District 26 PW KOM829 Pierce County Fire District 5 PW KOL355 Pierce County Fire District 8 PW WNBZ820 Pierce County Fire Prot Dist 12 PW WQMF893 Pierce County Sheriff's Department PW WRA282 Pierce Transit IG WQMD762 Pierce, County Of PW WQFW208 Pierce, County Of PW KOI954 Puyallup City Of PW WPDD345 Puyallup, City Of PW WNVC741 Puyallup, City Of PW WNEB210 Puyallup, City Of PW KOA621 Puyallup, City Of PW WPYE626 Puyallup, City Of Public Utilities District IG Federal Communications Commission DA 12-1796 8 Call Sign Licensee Name Radio Service WQEX786 West Pierce Fire & Rescue PW KOB276 West Pierce Fire & Rescue PW KD31707 West Pierce Fire & Rescue PW KD25828 West Pierce Fire & Rescue PW KD25348 West Pierce Fire & Rescue PW KD21060 West Pierce Fire & Rescue PW KB79506 West Pierce Fire & Rescue PW WQBW570 West Pierce Fire & Rescue PW KOK496 West Pierce Fire & Rescue PW WPZY792 West Pierce Fire & Rescue PW KWH593 Bonney Lake, City Of PW WPBQ524 Bonney Lake, City Of PW KNBD961 Bonney Lake, City Of PW KOI860 Buckley, City Of PW KNDR818 Eatonville, City Of PW KDZ383 Sumner, City Of PW WQEL214 Sumner, City Of PW KYV285 Sumner, City Of PW WPGE383 Sumner, City Of PW