FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,894
The following text was automatically extracted from the image on this page using optical character recognition software:
10. Section 1.925 states 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;28 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.9 We find that Maine satisfies the second prong of the waiver standard for each
of its waiver requests as detailed below.
11. Section 90.35(a) Eligibility Requirements. We concur with Maine that there are insufficient
available Public Safety Pool frequencies in the VHF band to serve Maine's needs for its statewide radio
system.30 We also acknowledge Maine's unique terrain, with its heavily forested areas, which are
difficult to penetrate for adequate radio coverage in frequency bands above the VHF band.3"
Consequently, we find it unduly burdensome to require Maine to build a statewide radio system on
frequency bands higher than the VHF band-where adequate radio coverage is difficult to achieve-
solely to use frequencies from the Public Safety Pool (i.e. frequencies for which it is typically eligible to
license). Furthermore, we find it contrary to the public interest for Maine to build a statewide PLMR
system incapable of interoperating with federal, state and local public safety officials throughout the state
because it operates in a different frequency band.32
12. We also find it unlikely that Maine will cause interference to other Industrial/Business Pool
users because Maine's applications were approved by coordinators certified to coordinate
Industrial/Business Pool frequencies." Consequently, we find that Maine has satisfied the waiver
standard with respect to its request for relief from the eligibility requirements specified in Section
90.35(a) of the Commission's rules.
13. Section 20.9(a)(6) Common Carrier Requirement. We agree with Maine that the requirement
to operate as a common carrier on Part 22 paging channels and offer telecommunications service to the
public is "inconsistent with the provision of public safety communications," which is premised on
limiting network access to authorized state, local, and federal users.34 Consequently, having found that
Maine has a legitimate need to incorporate Part 22 paging channels into its statewide system, it would be
contrary to the public interest to require Maine to comply with the common carrier requirement.
Therefore, we find Maine has satisfied the standard for waiver of this requirement.
28 47 C.F.R. 1.925(b)(3)(i).
29 47 C.F.R. 1.925(b)(3)ii).
30 See Maine Frequency Studies.
31 Foliage loss can be calculated using the following formula: L = 1.33 (M2s.sss5), where L is the foliage loss in
decibels along a path blocked by dense, dry, in-leaf temperate-climate trees, f is the frequency in GHz, and d is the
path length in meters. See Weissberger, M. A., "An Initial Critical Summary of Models for Predicting the
Attenuation of Radio Waves by Trees, " ESD-TR-81 - 101, Electromagnetic Compatibility Analysis Center,
Annapolis, MD, August 1981.
32 I/B Waiver Request at 5 (noting that all federal, state and local agencies operate in the VHF band except for the
City of Portland).
3 See Industrial/Business Coordinator Statements. See also EWA Comments at 2-3.
3 Part 22 Waiver Request at 1-2.
Federal Communications Commission
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/61/: accessed January 22, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.