FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 9,214
x, 8850-9847 p. ; 28 cm.View a full description of this book.
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improvements for the 2014-15 fiscal year.' Should the fiscal climate remain as it is today, the City will
determine whether a lease or loan is an option to obtain the necessary upgrades.9 Once funding is
secured, Lake Tahoe anticipates that it should achieve narrowband compliance by the end of 2014.10
4. On January 27, 2012, the Public Safety and Homeland Security Bureau (Bureau) issued a
Public Notice seeking comment on the Waiver Request." No party filed comments specifically in
support of or in opposition to Lake Tahoe's request.
III. DISCUSSION
5. Lake Tahoe seeks relief pursuant to Section 1.925 of the Commission's rules, which
provides that 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;'2 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.3 Applying
this standard to narrowbanding, we have stated in the Narrowbanding Waiver Guidance Notice, jointly
issued by the Wireless Telecommunications Bureau, the Public Safety and Homeland Security Bureau,
and the Office of Engineering and Technology that narrowbanding waiver requests "will be subject to a
high level of scrutiny" under the waiver standard.'4 We have also provided recommended guidance on
the factors that licensees should address in their requests and have recommended that in addressing these
factors, licensees should seek to demonstrate that "(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."'5
6. Based on the record before us, we conclude that Lake Tahoe has not presented sufficient
facts to meet the high standard for grant of the requested waiver. While we are sympathetic to Lake
Tahoe's fiscal situation, it has failed to show that its circumstances are sufficiently unique or unusual to
meet the waiver standard. Indeed, despite the economic downturn, our licensing database indicates that
numerous other public safety licensees have converted over 30,000 separate authorizations to narrowband
operation since July 2010. These licensees have commenced narrowbanding planning well ahead of the
deadline and have obtained the necessary funding in time to complete the process. Some have financed
their conversions through means ranging from the collection of a dedicated sales tax'6 to the use of federal
SId. at 2-3.
9 Id. at 3.
to Id
" See Public Safety and Homeland Security Bureau Seeks Comment on Requests for Waiver Of The January 1,
2013 VHF-UHF Narrowbanding Deadline, Public Notice, DA 12-90 (rel. Jan. 27, 2012).
12 47 C.F.R. 1.925(b)(3)(i).
" 47 C.F.R. 1.925(b)(3)(ii).
14 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, Public Notice, 26 FCC Rcd 9647 (2011) (Narrowbanding Waiver Guidance Notice).
'5Is Id. at 9649.
16 St. Louis County Missiouri, St. Charles County, Missouri, Jefferson County 9-1-1 Dispatch Board of Jefferson
County Missouri and the East- West Gateway Council of Governments, Order, DA 12-245, (rel. Feb. 21, 2012) 7.9214
Federal Communications Commission
DA 12-1297
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc133015/m1/381/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.