Subject: [NEXTEL-1] Sewerage District-Wants 100 ERP Watts and High Gain Antennas for Sewer System

From: Marcel <[email-masked]>
Date: Thu, 17 Apr 2003 11:10:13 -0400

DA 03-1140
Released:  April 15, 2003

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER
BY MILWAUKEE METROPOLITAN SEWERAGE DISTRICT TO ALLOW FIXED OPERATION ON
A PRIMARY BASIS IN THE 450-470 MHz BAND ABOVE THE POWER AND ANTENNA GAIN
LIMITS

Comment Date:  May 15, 2003  Reply Comment Date:  May 30, 2003
On February 3 and 10, 2003, the Milwaukee Metropolitan Sewerage District
(“the District”) filed two applications  for fixed operation at a total
of four locations on four frequency pairs in the 450-470 MHz band,
accompanied by requests for waiver of Sections 90.261(a), (b), and (c)
of the Commission’s rules.   The District states that grant of the
requested waivers will not affect any incumbent stations and will
promote the public interest.  We seek comment on the District’s request.

The District operates and maintains a sewerage system that serves most
of Milwaukee County, Wisconsin, and parts of four surrounding counties.
The District proposes a fixed wireless telemetry and control system to
monitor and control water levels and flow within the sewer system, in
order to comply with environmental regulations, protect the environment
and public health, and mitigate flooding.  Section 90.261(a) permits
fixed use in the 450-470 MHz band on a secondary basis to land mobile
operations.   The District requests primary status because the proposed
system would not be able to tolerate excessive interference or service
interruptions that might accompany secondary status, and thus requests a
waiver.  Section 90.261(b) limits the transmitter output power of fixed
systems, located within 140 km of urbanized areas with 600,000 or more
population, to 20 watts.   The District requests a waiver of this rule
section because it requires higher power for each fixed repeater to
serve a radius of at least 32 km.  The District requests 100 watts ERP
for three sites and 75 watts ERP for the fourth site.  Section 90.261(c)
limits the base transmitter antenna to unity gain.   The District
requests a waiver of this rule section to use gain antennas in order to
adequately serve the intended service area.  The District submitted
contour overlap analyses of incumbent co-channel and adjacent channel
stations.

The District believes that its requests meet both prongs of the waiver
standard of Section 1.925(b)(3).   Under the first prong, the District
argues that grant of the requested waiver will not undermine the
fundamental purpose served by the rules to prevent fixed operations from
interfering with land mobile operations.  The District believes that
with no co-channel users in the area, no interference is anticipated
based on the requested power levels.  The District argues that a grant
of its waiver requests would be in the public interest because the
proposed radio system potentially affects the lives and health of
thousands of residents, property, and the water environment in and near
Milwaukee.

Under the second prong of the waiver standard of Section 1.925(b)(3),
the District believes that application of the rule sections would be
burdensome and contrary to the public interest. Secondary status might
require the system to shut down at a moment’s notice.  Application of
low power limits and no antenna gain would require the construction of
numerous additional sites to cover the necessary service area.  The
District argues that this would be an unnecessary expenditure of public
funds and thus contrary to the public interest.  The District finds that
the 450-470 MHz band is optimal for the proposed system and believes
that it has no reasonable alternative.

Interested parties may file comments on the District’s Waiver Requests
on or before May 15, 2003. Parties interested in submitting reply
comments must do so on or before May 30, 2003.  All comments should
reference the District’s Waiver Requests, including the DA number of
this Public Notice, and should be filed with the Office of the
Secretary, Federal Communications Commission, 445 12th Street, S.W.,
Room TW-325, Washington, D.C. 20554.  A copy of each filing should be
sent to:  (1) Qualex International, Inc., Portals II, 445 12th Street,
S.W., Room CY-B402, Washington, D.C. 20554, (202) 863-2893; (2) Tom Eng,
Federal Communications Commission, Wireless Telecommunications Bureau,
Public Safety and Private Wireless Division, Policy and Rules Branch,
445 12th Street, S.W., Room 4-B512, Washington, D.C. 20554; and (3)
Maria Ringold, Federal Communications Commission, Consumer and
Governmental Affairs Bureau, Reference Information Center, 445 12th
Street, S.W., Room CY-B529, Washington, D.C. 20554.

The District’s applications and Waiver Requests can be accessed
electronically via the Commission’s Universal Licensing System,
http://wireless.fcc.gov/uls.  In addition, the full text of the Waiver
Request, comments and reply comments will be available for inspection
and duplications during regular business hours in the Reference
Information Center (RIC) of the Consumer and Governmental Affairs
Bureau, Federal Communications Commission, 445 12th Street, S.W., Room
CY-A257, Washington, D.C. 20554.  Copies may also be purchased from the
Commission’s duplicating contractor, Qualex International, Portals II,
445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (202)
863-2893, facsimile (202) 863-2898, or via-e-mail [email-masked]. For
further information regarding the public reference file for this
Request, contact Maria Ringold, Chief, Wireless Branch, RIC, (202)
418-1355.

Unless otherwise provided, requests for waiver of the Commission's Rules
are subject to treatment by the Commission as restricted proceedings for
ex parte purposes under Section 1.1208 of the Commission's Rules, 47
C.F.R. § 1.1208.  Because of the policy implications and potential
impact of this proceeding on persons not parties to the waiver request,
we believe it would be in the public interest to treat this case as a
permit-but-disclose proceeding under the ex parte rules, See 47 C.F.R.
§§ 1.1200(a), 1.1206.  Therefore, subsequent to the release of this
Public Notice, ex parte presentations that are made with respect to the
issues involved in the subject Waiver Request will be allowed but must
be disclosed in accordance with the requirements of Section 1.1206(b) of
the Commission's Rules, 47 C.F.R. § 1.1206(b).

For further information, contact Mr. Tom Eng, of the Policy and Rules
Branch of the Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau at (202) 418-0019, TTY (202)
418-7233, or via e-mail to [email-masked].

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

-FCC-
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1140A1.doc

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