Subject: [NEXTEL-1] CITY OF CHICAGO

From: Marcel <[email-masked]>
Date: Fri, 24 Jan 2003 13:52:12 -0500

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

In the Matter of Applications of

CITY OF CHICAGO

For Modification of Licenses for Private Land Mobile Radio Service Stations WPFY216,
WPFY219, and WNDW413, Chicago, Illinois, and Request for Waiver of Inter-Category Sharing
Freeze in the 806-821/851-866 MHz Bands )

FCC File Nos. 0000821295, 0000821357, and 0000672433

ORDER

   Adopted:  January 13, 2003 Released:  January 24, 2003

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications
Bureau:

1. Introduction.  In this Order, we address the above-captioned applications and waiver
requests filed by the City of Chicago (Chicago) to modify its licenses for Public Safety
Stations WPFY216, WPFY219, and WNDW413, Chicago, Illinois.   For the reasons set forth
below, we grant the waiver requests.

2. Background.  Private land mobile radio services (PLMRS) frequencies in the
806-821/851-866 MHz bands (the “800 MHz band”) are divided into the following “categories”
or “pools”: (a) Specialized Mobile Radio, (b) Public Safety, (c) Business, (d)
Industrial/Land Transportation (I/LT), and (e) General.   As a general matter, applicants
are licensed on frequencies in the category or categories for which they meet the
eligibility criteria.   Section 90.621(e) of the Commission’s Rules permits
“inter-category sharing” whereby applicants that are eligible for licensing in the 800 MHz
Public Safety, I/LT, or Business Categories can be licensed on channels outside of their
respective categories if no channels are available in the category for which the applicant
is eligible.   On April 5, 1995, however, the Wireless Telecommunications Bureau (Bureau)
suspended the acceptance of applications for inter-category sharing (inter-category
sharing freeze) of all PLMRS frequencies in the 800 MHz band.

3. Chicago is the licensee of Stations WPFY216, WPFY21, and WNDW413.  These stations
operate on, inter alia, frequencies 865.8875 MHz, 865.9125 MHz, 865.9375 MHz, 865.9625
MHz, and 865.9875 MHz.  Nextel Communications, Inc., through its wholly-owned subsidiary,
Nextel License Holdings 4, Inc. (Nextel), is the licensee of EA 064
(Chicago-Gary-Kenosha), Blocks A, B, and C, which contain the five frequencies on which
the subject Chicago stations operate.   Chicago and Nextel have jointly requested that the
Commission grant a waiver of the inter-category sharing freeze in order to facilitate the
relocation of Chicago, pursuant to Section 90.699 of the Commission’s Rules,  to five
Business Pool channels in the 800 MHz band.   Furthermore, Nextel has indicated its
consent to Chicago’s proposed operation on those frequencies.

4. Chicago initially filed its modification application for Station WNDW413 on November
28, 2001.   The Bureau’s Public Safety and Private Wireless Division, Licensing and
Technical Analysis Branch returned the application, because it included neither the
requisite frequency coordination nor a letter from the Association of Public-Safety
Communications Officials-International, Inc., stating that no Public Safety Pool
frequencies are available in the 800 MHz band.   On March 13, 2002, Chicago amended the
application to remedy these omissions, and on March 14, 2002, a second amendment was filed
to correct certain administrative errors.  On March 22, 2002, Chicago filed modification
applications for Stations WPFY216  and WPY219.   An amendment correcting the station class
code and rule section was filed for Station WPFY216 on April 1, 2002.

5. Discussion.  A waiver may be granted where (i) the underlying purpose of the rule(s)
would not be served or would be frustrated by application to the instant case and a grant
of the requested waiver would be in the public interest; 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.   For the reasons set forth below, we conclude that grant of the
requested waiver is warranted under the circumstances presented.

6. In support of its request, Chicago contends that its proposal will not frustrate the
underlying purpose of the inter-category sharing freeze, which is to preserve the
availability of unused channels for Public Safety, Business, and I/LT users pending
resolution of spectrum allocations matters raised in a separate proceeding.   In
particular, Chicago asserts that because the channels in question are currently licensed
to Nextel and are not otherwise available for licensing, there is no threat to the
continued availability of these channels to Business Radio Service eligibles.   We
agree.   Moreover, we agree with Chicago that it is in the public interest to encourage
voluntary relocation agreements between EA licensees and incumbents.
7. Conclusion.  Based on our review of the record before us, we conclude that Chicago has
demonstrated that grant of a waiver of the inter-category sharing freeze is warranted.
This action serves the public interest in that it will ensure the continued communications
capabilities of a public safety user without compromising or frustrating the underlying
purposes of the inter-category sharing freeze.  It also facilitates the provision of
service by Nextel in its EA in accordance with Section 90.699 of the Commission’s Rules.

8. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of
1934, as amended, 47 U.S.C. § 154(i), and Sections 1.925 and 90.621 of the Commission’s
Rules, 47 C.F.R. §§ 1.925, 90.621, the requests for waiver filed by the City of Chicago on
November 28, 2001 for Station WNDW413; March 22, 2002 for Station WPFY219; and March 22,
2002 for Station WPFY216 ARE GRANTED, and applications FCC File Nos. 0000821295,
0000821357, and 0000672433 SHALL BE REFERRED to the Public Safety and Private Wireless
Division, Licensing and Technical Analysis Branch for processing consistent with this
Order.

9. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of
the Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331.
     FEDERAL COMMUNICATIONS COMMISSION

     D’wana R. Terry
     Chief, Public Safety and Private Wireless Division
     Wireless Telecommunications Bureau

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