FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,811
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8. PPI proposes to operate 140 radios dispersed over a 44-county, primarily rural, service
area.4 PPI also states that their presence on STARCOM21 would "on average, result in an increase of
fewer than three mobile users in each of those counties," causing only a negligible increase in the demand
for and stress on STARCOM21.25 Moreover, PPI notes that Illinois and PPI will enter into a "Use
Agreement" incorporating the same operational rules established relative to Ameren.26 The Use
Agreement will also grant priority to public safety agencies' communications over PPI's, in the event that
STARCOM21 cannot accommodate both.'7 Because of this prioritization for public safety entities and
the minimal added stress on STARCOM21, Illinois supports PPI's waiver request.28 Finally, PPI notes
that the Illinois State Police and Ameren support PPI's waiver request.29
9. 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;3 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." An
applicant seeking a waiver faces a high hurdle and must plead with particularity the facts and
circumstances that warrant a waiver."
10. We agree PPI is not eligible for a separate authorization to use 800 MHz public safety
frequencies under Section 90.20,33 and thus cannot share 800 MHz frequencies licensed to Illinois without
a waiver of Section 90.179(a).34 The purpose of Section 90.179(a), inter alia, is to ensure that adequate
spectrum is available for each service category (i.e., Public Safety and Industrial/Business), and to avoid
interference to communications from incompatible services.35s
11. Here, we find PPI has demonstrated that the underlying purpose of the rule would not be
served or would be frustrated by application to the instant case. We accept PPI's statement that
STARCOM21 has adequate spectrum to accommodate sharing of 800 MHz frequencies with PPI. We
agree that PPI's presence on the STARCOM21 network will likely "only result in a de minimis increase
in demand"36 for the network, especially considering that PPI will agree to always accept lower priority
27 Id. at 4-5.
29 See id. at Attachment B: Letter from Gary J. Cochran, Illinois State Police, to James Barnett, Jr., Bureau Chief,
Public Safety and Homeland Security Bureau, Federal Communications Commission, dated Feb. 27, 2012; Letter
from Michael T. Sullivan, Ameren Illinois Company, to Marlene Dortch, Secretary, Federal Communications
Commission, dated Nov. 30, 2011.
30 47 C.F.R. 1.925(b)(3)(i).
3" 47 C.F.R. 1.925(b)(3)(ii).
32 WAIT Radio v. FCC, 418 F.2d 1153, i157 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied,
409 U.S. 1027 (1972) (citing Rio Grande Family Radio Fellowship, Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968));
Birach Broadcasting Corporation, Memorandum Opinion and Order, 18 FCC Rcd 1414, 1415 6 (2003).
'3 See 47 C.F.R. 90.20(a).
*4 47 C.F.R. 90.179(a).
. Douglas Electric Cooperative, Order, 21 FCC Red 11298, 11298 7 (PSHSB 2006).
36 Waiver Request at 6.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012, book, April 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc102307/m1/100/: accessed February 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.