FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,130
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13. We therefore find that the coordination and filing of the Health Department applications
was improper and contrary to the provisions of section 101.103(d) of the Commission's rules. Because
Micronet did not properly coordinate the applications, and given that technical issues surrounding the
applications remain in dispute as evidenced by the Petition29 and Micronet's response,30 the public
interest warrants that we set aside the Health Department's authorizations to operate Stations WQNE923
and WQNE927. However, rather than denying the applications as requested by the Port Authority, " we
return the applications to pending status for sixty days. By taking this action, we provide Micronet further
opportunity to evaluate and coordinate the applications by either reengineering the technical specifications
of its proposal to avoid interference with Port Authority's authorization or to select alternate frequencies. If
the Health Department takes no further action on its applications within sixty days, ULS will automatically
dismiss those applications.
14. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 405, and Section 1.106 of the
Commission's Rules, 47 C.F.R. 1.106, the Petition for Reconsideration filed by the Port Authority of
New York and New Jersey on February 1 1, 2011, IS GRANTED IN PART as set forth herein.
15. IT IS FURTHER ORDERED that the authorization of the New York Department of Health
and Mental Hygiene to operate Stations WQNE923 and WQNE927 IS SET ASIDE and returned to
16. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission's Rules, 47 C.F.R. 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
Thomas J. Beers
Chief, Policy Division
Public Safety and Homeland Security Bureau
29 The Port Authority claims that the Health Department's licenses will "interfere with future use of its [the Port
Authority's] radio authorization grants." Petition at 1.
3o Micronet states "potential interference issues with the old path from WTC 2 - LA GUARDIA, ... this path has
not existed for ten years and will never exist again as it is currently licensed." Response at 1. Micronet further
states that "[a]ny new path from WNEE495 to WNEE496 will be a major change from the existing license data
with different interference characteristics [and this new path would have to be successfully re-coordinated prior to
tiling 601 applications and before transmitting." Id
31 See Petition at 9.
Federal Commu tnanc Cnmmeain
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/302/: accessed July 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.