FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,197
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frequency 461.000 MHz more than seventy-five miles from the center of specified urbanized areas.7 In
the "Supplemental Statement and Request for Waiver," Franklin then requested a waiver of the distance
separation requirement, because the fixed sites proposed in that application were within seventy-five
miles of the center of Boston.8
4. The Wireless Telecommunications Bureau's Mobility Division (Division) rejected
Franklin's interpretation of Section 90.35. It explained that Section 90.35(c)(66) incorporates from
Section 90.35(c)(35) only the definition of central station commercial protection service, so frequencies
that are subject to Section 90.35(c)(66) but not to 90.35(c)(63)- like frequency 461.000 MHz - are
designated exclusively for central station commercial protection services operations nationwide, even
outside the specified urban areas.9
5. Discussion. On reconsideration, Franklin asserts that the Division failed to address its
waiver request, and requests a decision on the merits.10 We disagree. Franklin's waiver request was
premised on its view that Section 90.35 authorizes use of frequency 461.000 MHz for other than central
station commercial protection services in areas more than seventy-five miles from specified urban areas.
The Division explained why this view was incorrect. We hereby clarify that, when it rejected Franklin's
interpretation of Section 90.35, the Division implicitly rejected the prayer for relief premised on that
interpretation. Having rejected the premise underlying Franklin's request for waiver of the inapplicable
distance separation requirement in Section 90.35(c)(63), the Division was not required to address the
merits of a waiver of the nationwide prohibition in Section 90.35(c)(66), which Franklin did not request.
We therefore deny Franklin's petition for reconsideration."
6. Accordingly, IT IS ORDERED that the petition for reconsideration filed by Franklin
Council of Governments on November 6, 2010 IS DENIED.
7. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
Commission's Rules, 47 C.F.R. 0.131, 0.331.
FEDERAL COMMUNICATIONS COMMISSION
Roger S. Noel
Chief, Mobility Division
Wireless Telecommunications Bureau
7See FCC File No. 0004333196, Supplemental Statement at 1; FCC File No. 0004333198, Supplemental Statement
at 1; FCC File No. 0004338901, Supplemental Statement and Request for Waiver at I.
' See FCC File No. 0004338901, Supplemental Statement and Request for Waiver at 2. Franklin argued that a
waiver of the distance separation requirement was warranted because its signal would be weak within seventy-five
miles of Boston, so its operations would not affect co-channel operations in or near Boston. Id. at 3.
9 See Order, 25 FCC Rcd at 15891 1 5.
o0 See Petition at 1. Franklin also requests that a waiver be granted with respect to all three applications. Id.
" Franklin may reapply for tifrequency 461.000 MHz, and seek (with appropriate justification) a waiver of the
nationwide designation of the frequency exclusively for central station commercial protection services operations
nationwide. Alternatively, Franklin may investigate whether any frequency that is subject to Section 90.35(c)(63)
but not to 90.35(c)(66)- and therefore is available for other uses more than seventy-five miles from the center of
Boston - is available, and seek a waiver of the distance separation requirement for that frequency.
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/m1/369/: accessed August 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.