FEDERAL COMMUNICATIONS COMMISSION

Before the

FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of SOMERSET COUNTY, NEW JERSEY

Request for Waiver of Application Processing Freeze for 470-512 MHz

) ) ) Applications Nos. 0004598355, 0004598366, ) 0004598374, 0004598382, 0004983388, ) 0004993152, 0004994418, 0004994929 ) )

REQUEST FOR WAIVER Somerset County, New Jersey (“Somerset” or “the County”), pursuant to Section 1.925 of the Commission’s rules, hereby requests a waiver of the Commission’s “freeze” on the processing of Part 22 and Part 90 applications in the 470-512 MHz band (the “T-Band”). Public Notice, DA 12-643, released April 26, 2012. While Somerset’s above-captioned applications include a request for additional T-Band channels, grant of the applications would also lead to a reduction in the coverage contours of the County’s current system, and a net reduction in the number of sites operating in the T-Band. Some of the County’s applications have been pending with the Commission for well over a year, and further delay as a result of the freeze would impose an undue burden on the County and the citizens it serves. Therefore, a waiver of the freeze would be consistent with Commission policy and the public interest. Somerset County currently operates a T-Band, public safety radio system in central New Jersey. As explained in attachments to its pending applications, the County’s system requires a number of upgrades to improve capacity, efficiency and reliability.1 In some cases, new 12.5 kHz offset channels are requested to avoid co-channel interference with another licensee, the 1

See Statement of Blue Wing Services and associated documents submitted with each pending application. Waiver requests to operate on T-Band channels that are not in the Public Safety Pool within the relevant geographic area were previously submitted with Somerset’s applications.

Southeastern Pennsylvania Transportation Authority (SEPTA), which has completed the narrowbanding of its radio system. Additional capacity is also needed to alleviate regular system overloads and to accommodate the many local public safety agencies that have moved, or intend to move, to the County’s multi-agency, interoperable radio system. For example, the Hillsborough Township Police Department has sought a waiver of the Commission’s narrowbanding deadline for its current VHF system as the Department plans to migrate to the upgraded Somerset County system. The county has already expended over $8 million to prepare or upgrade sites and to acquire new radio and console equipment to provide more spectrally efficient operation (12.5 kHz TDMA with 6.25 kHz compatibility). Documents submitted with the County’s pending applications also demonstrate that it has no reasonable alternative. There are no other 450-512 MHz Public Safety Pool channels available, and frequencies from other bands would be incompatible with the County’s existing infrastructure and mobile/portable radios. The Commission’s Public Notice announcing the application and processing freeze explains that Section 6103 of the Middle Class Tax Relief and Job Creation Act of 2012 (“the Act”) requires that, within nine years, the Commission must reallocate and auction spectrum in the T-Band currently used by public safety entities, who will then have two years to relocate from the band. Auction proceeds will be used to pay the cost of the relocation. According to the Public Notice, the application and processing freeze is intended to “stabilize the spectral environment” to avoid actions that could “make implementing the Act more difficult or costly.” However, recognizing the potential harm caused by a freeze, the Commission also indicated in the Public Notice that it would entertain requests for waiver. The Public Notice also identified certain types of applications that could still be processed and granted without a waiver, such as

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“applications that seek to modify existing licenses by deleting frequencies or locations” and “applications that seek to modify existing licenses by changing technical parameters in a manner that does not expand the station’s spectral or geographic coverage.” The County submits that, were it not for the addition of certain T-Band frequencies, the pending applications would be grantable under the provisions of the Public Notice. In particular, the applications do not expand the coverage area of the current licensed radio system. Attached to this Request for Waiver is a document that includes contour maps demonstrating that the net result of the pending applications is a reduction, rather than an expansion, of the County’s service area. While the addition of some T-Band channels subject the applications to the freeze, a waiver is warranted as the applications would not “destabilize the spectral environment” or “make implementing the Act more difficult or costly.” To the contrary, the requested license modifications would actually lead to a net reduction in the number of T-Band sites. As indicated in the attached document, two new sites would be added (Bernardsville Tank and Mountain Top), but four sites will be deleted (Mt. Horeb, Warrenville Road, Hillsborough, and Pottersville). Moreover, the additional channels are necessary to allow the Somerset system to make necessary changes to improve public safety communications in the region. Added capacity is needed to address a growing list of users on the system and to accommodate a system re-design necessary to improve efficiency and prevent interference with other licensees in the region. Section 1.925(b)(3) of the Commission’s rules allows it to grant a waiver if it is shown that either: “(i) the underlying purpose of the rules(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public

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interest;” or “(ii) in view of unique or unusual factual circumstances of the instant case, application of the rules(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.”2 Somerset County satisfies each of this waiver conditions. The underlying purpose of the processing freeze is to stabilize the spectral environment and avoid actions that could increase the ultimate relocation costs for the T-Band. As discussed above, the County proposes to reduce its footprint and the number of transmitter sites. Grant of the request would clearly be in the public interest as it would promote the enhancement of a critical public safety communications system serving the needs of first responders in central New Jersey. The unusual circumstances of the case involve the addition of channels without any net increase in sites or expanded coverage contours. Application of the freeze to Somerset’s applications would also be unduly burdensome considering the long period the applications have been pending and the critical public interest need to proceed with the system upgrade as soon as possible. Finally, the County has no reasonable alternative to the requested channels as there are no other compatible public safety frequencies available for its use.

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47 C.F.R. §1.925.

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CONCLUSION Therefore, for the reasons set forth above and in attachments to the pending applications, the Commission should waive its T-Band application processing freeze and grant the County’s long-pending applications. Respectfully submitted, SOMERSET COUNTY, NEW JERSEY

By:

May 2, 2012

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/s/ Robert M. Gurss Fletcher, Heald & Hildreth, PLC 1300 North 17th Street, 11th floor Arlington, VA 22209 (703) 812-0468 [email protected]

Somerset County, NJ Pending License Applications Supplemental Data

Chart of Currently Licensed Sites vs. Sites on License Applications. Sites noted to be deleted will be decommissioned at completion of system upgrade. Sites noted as Modify will see changes in antenna type, ERP and/or antenna height to improve coverage while reducing overall footprint. Site Name

Somerville Mt. Horeb Mt. Zion Warrenville Rd Pill Hill Hillsborough Bridgewater Pottersville Johnston Rd Rocky Hill Greenbrook Bernardsville Tank Mountain Top Verizon

Call Sign(s)

WIL900, WPPB311, WQBL367, WIK355 WIL900 WIL900, WIK392, WPPB311, WQBL360 WIL900 WIL900, WQBL367 WIL900 WPPB311, WPVM588, WQBL367, WIK355 WPPB311, WPVM588, WQBL367 WPVM588, WPPB311, WQBL360 WPVM588, WQBL367, WPPB311, WIK392 WPVM588, WPPB311, WQBL360, WIK392 WIL900, WQLB360, New WPVM588, WQBL360, New WPVM588, WQBL360, New

Add/Retain/ Delete/ Modify Retain/Modify Delete Retain/Modify Delete Retain/Modify Delete Retain/Modify Delete Retain/Modify Retain/Modify Retain/Modify Add (New Site) Add (New Site) On Apps, No longer being built, will delete administratively

The above chart represents the addition of two new sites being constructed, four sites being decommissioned and one site applied for not being built which will be removed administratively. This demonstrates the proposed system will use two less sites than the quantity currently authorized.

Blue Wing Services, Inc.

April 30, 2012

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CHART OF NEW CHANNELS PROPOSED AS ADDITIONS TO SYSTEM Call Sign NEW APPLICATION WIK355 WIK392 WIL900 WPPB311 WPVM588 WQBL360 WQBL367

Frequency or Pair Existing system frequencies 477/480.4500, 477/480.7750 477/480.4500, 477/480.7750 500/503.3250, 500/503.8000, 500/503.9500, 501/504.6750 502/505.5250, 502/505.5500 Existing system frequencies 500/503.3250, 500/503.8000, 500/503.9500 501/504.6750, 502/505.5250, 502/505.5500 473.1375 Existing system frequencies

We have not listed the existing licensed frequencies proposed for addition to new or additional radio sites. Several of the new channels are being added to eliminate interference between SEPTA in Philadelphia, PA and Somerset County. These channels are 12.5 kHz offsets which will be put into service to eliminate co-channel interference with SEPTA, which has already completed narrow banding of its system.


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INTERFERENCE COVERAGE FOOTPRINT COMPARISON

The Red Contour lines represent the outer interference contours of the system as currently licensed. The Blue Filled Contour represents the outer interference range of the system as proposed in the license applications.


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SYSTEM COVERAGE FOOTPRINT COMPARISON

The Blue Contour lines represent the outer service area limits of the currently licensed system. The Orange Filled Contour represents the outer service area limit of the system as proposed in the license applications.


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