2008-151D - Laserfiche WebLink

Home Browse Search

Alan S. Tilles safety radio facilities authorized pursuant to STA. The Bureau stated that "as a general rule, Sprint must pay the cost of relocating facilities that are authorized on a licensee's old frequency band before the end of the [800 MHz application] freeze in the applicable region, including facilities authorized by STAB or waivers granted during the freeze."' The STA Public Notice provides that Sprint is generally not required to pay for relocating public safety facilities authorized by STA after the applicable freeze has ended, but allows public safety licensees to seek a waiver.10 To obtain a waiver, 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 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! t We find the waiver standard to be met here. The waiver discussion in the STA Public Notice focuses on facilities that public safety licensees seek to construct and activate after the freeze has ended." In this case, local public agencies depend exclusively on Indian River's back-up NPSPAC communications system whichhas been operating since I996." Indian River also asserts the 9- 1-1 communications system is the hub center for all of its public safety agencies and is critical for interoperable communications." Because Indian River has demonstrated that these facilities are critical to its public safety communications and interoperability, we conclude that Indian River has shown that requiring Sprint to pay for relocating these facilities will not frustrate the underlying purpose of the rule articulated in the STA Public Notice and will serve the public interest in facilitating rebanding. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1 .925 of the Commission's rules, 47 C.F.R. § 1 .925, the waiver request filed by the County of Indian River, Florida, IS GRANTED to the extent discussed herein. SPA Public Notice, 21 FCC Red at 14661 . o Id. � € 47 C.F.R. § 1 .925(b)(3)(i-ii). is Id. The Bureau stated that licensees seeking. a waiver to require payment by Sprint for retuning of post-freeze facilities would be expected to demonstrate that "(a) the need for the facility could not reasonably have been anticipated before die end of the mandatory negotiation period; and (b) safety considerations dictate that the modified facilities must be activated before band reconfiguration is completed in the relevant NPSPAC region." €s Indian River Request at 2. 4 !d 2 InenrllUCOI, wuuLy v, wwnu N V61 , r ,, DL# 8910427967 I " Amendment 8/2008