FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,196
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
FRANKLIN REGIONAL COUNCIL OF ) FCC File Nos. 0004333196, 0004333198,
GOVERNMENTS ) 0004338901
Petition for Reconsideration )
ORDER ON RECONSIDERATION
Adopted: April 7, 2011 Released: April 8, 2011
By the Chief, Mobility Division, Wireless Telecommunications Bureau:
1. Introduction. We have before us a petition' filed by the Franklin Regional Council of
Governments (Franklin) for reconsideration of an Order2 dismissing Franklin's above-captioned
applications for new Industrial/Business Pool stations at various locations in Massachusetts. For the
reasons indicated below, we deny the petition.
2. Background. In July 2010, Franklin filed the above-captioned applications to operate on
frequency 461.000 MHz at various locations in Massachusetts.3 Frequency 461.000 MHz is subject to
Section 90.35(cX66) of the Commission's Rules, which states, "This frequency may be assigned only to
persons rendering a central station commercial protection service, which is defined in paragraph (c)(63)
of this section, within the service area of the radio station utilizing the frequency.'"4 Section 90.35(c)(63)
of the Commission's Rules defines "a central station commercial protection service" as "an electrical
protection and supervisory service rendered to the public from and by a central station accepted and
certified by one or more of the recognized rating agencies, or the Underwriters Laboratories' (UL), or
Factory Mutual System."' Section 90.35(c)(63) also provides that frequencies to which it applies may be
used by other licensees more than seventy-five miles from the center of specified urbanized areas.6
3. Franklin filed a "Supplemental Statement" with two of the applications, and a
"Supplemental Statement and Request for Waiver" with the third application. In all three filings, Franklin
noted that Section 90.35(c)(66) refers back to Section 90.35(c)(63), and frequencies subject to Section
90.35(c)(63) may be used by entities other than central station commercial protection service providers
outside the specified urbanized areas, so Franklin concluded that other operations were permitted on
'Letter dated Dec. 3, 2010 from Linda Dunlavy, Executive Director, Franklin Council of Governments to Federal
Communications Commission (Petition). The Central Station Alarm Association (CSAA) filed an opposition.
Franklin filed a reply. CSAA submitted a supplement to its opposition, and requested leave to file it.
2 Franklin Regional Council of Governments, Order. 25 FCC Red 15890 (WTB MD 2010).
FCC File Nos. 0004333196 (filed July 23, 2010), 0004333198 (tiled July 23, 2010), 0004338901 (filed July 29,
2010). Application FCC File No. 0004333196 was granted on August 11, 2010, but the grant was rescinded and the
application returned to pending status on August 3 , 2010. See Letter dated Aug. 31, 2010 from Terry Fishel,
Associate Chief, Mobility Division, Wireless Telecommunications Bureau to Franklin Council of Governments.
4 See 47 C.F.R. 90.35(c)(66).
s See 47 C.F.R. 90.35(c)(63).
6 See id
Federal Communications Commission
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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/m1/368/: accessed May 1, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.