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Federal Communications Commission

DA 12-1594

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Peoria County Emergency Telephone System
)
WT Docket 99-87
Board
)
)
Request for Waiver of Section 90.209(b) of the
)
Commission’s Rules
)

ORDER

Adopted: October 12, 2012

Released: October 12, 2012

By the Deputy Chief, Policy and Licensing Division Public Safety and Homeland Security Bureau:

I.

INTRODUCTION

1.
The Peoria County Emergency Telephone System Board (ETSB) filed a request1 for
waiver, until June 30, 2014, of the Commission’s VHF/UHF narrowbanding deadline, which requires
private land mobile radio licensees in the 150-174 MHz and 450-512 MHz bands to operate using channel
bandwidth of no more than 12.5 kHz, or equivalent efficiency, by January 1, 2013.2 By this Order, we
grant the Waiver Request.

II.

BACKGROUND

2.
ETSB manages and represents the communications needs for public safety and non-
public safety users within Peoria County, Illinois.3 ETSB is seeking a waiver of the deadline on behalf of
several county agencies that will migrate from seventy-eight VHF and UHF radio authorizations to a new
county-wide 700 MHz/800 MHz system.4 ETSB seeks a waiver of the deadline to allow these agencies to
avoid the expense of narrowbanding authorizations that they will decommission (and in many cases
surrender) after they transition to the new system.5
3.
In 2006, ETSB released a Request for Proposal for a county-wide interoperable radio
system and awarded a contract to Harris Corporation in September 2007.6 The system is funded by a
combination of dedicated local funds and federal grants.7 ETSB anticipates the system will be ready on


1 See Narrowband Deadline Waiver Request, filed January 11, 2012, by the Peoria County Emergency System
Board (Waiver Request). See also Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as
Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, Third Memorandum
Opinion and Order and Third Further Notice of Proposed Rule Making and Order, WT Docket No. 99-87, RM-
9332, 19 FCC Rcd 25045 (2004).
2 47 C.F.R § 90.209(b).
3 Waiver Request at 3.
4 Id. at 3,8.
5 Id. at 3.
6 Id. at 4.
7 Id. at 6-7.

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Federal Communications Commission

DA 12-1594

August 31, 2013, and all agencies will have completed their cut-over to the new system by March 31,
2014.8
4.
As of August 2012, ETSB has applied for 800 MHz frequencies from the relevant
National Public Safety Planning Advisory Committee (NPSPAC) Region, completed all work associated
with the radio transmit sites regarding surveys, soil borings and construction plans, and is nearly ready to
commence construction of new towers and shelters.9 ETSB is also in the process of evaluating
microwave system proposals for the new system, and anticipates awarding the contract at its November 7,
2012 Board Meeting. 10
5.
On January 27, 2012, the Public Safety and Homeland Security Bureau (Bureau) issued a
Public Notice seeking comment on the Waiver Request.11 No party filed comments in support or in
opposition of the request.

III.

DISCUSSION

6.
ETSB seeks relief pursuant to Section 1.925 of the Federal Communications
Commission’s (FCC or Commission) rules, which provides that to obtain a waiver of the Commission’s
rules, 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;12 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.13
7.
Applying this standard to narrowbanding, we have stated in the Narrowbanding Waiver
Guidance Notice, jointly issued by the Wireless Telecommunications Bureau, the Public Safety and
Homeland Security Bureau, and the Office of Engineering and Technology, that narrowbanding waiver
requests “will be subject to a high level of scrutiny” under the waiver standard.14 We have also provided
recommended guidance on the factors that licensees should address in their requests and have
recommended that in addressing these factors, licensees should seek to demonstrate that “(i) they have
worked diligently and in good faith to narrowband their systems expeditiously; (ii) their specific
circumstances warrant a temporary extension of the deadline; and (iii) the amount of time for which a
waiver is requested is no more than is reasonably necessary to complete the narrowbanding process.”15


8 Id. at 5.
9 See email, dated August 9, 2012 from Dan Voiland, Peoria County Radio System Manager, to Roberto Mussenden
(August Voiland Email).
10 See email, dated October 1, 2012 from Dan Voiland, Peoria County Radio System Manager, to Roberto
Mussenden (October Voiland Email).
11 See Public Safety and Homeland Security Bureau Seeks Comment on Requests for Waiver of the January 1, 2013
VHF-UHF Narrowbanding Deadline, Public Notice, DA 12-90 (PSHSB 2012).
12 47 C.F.R. § 1.925(b)(3)(i).
13 47 C.F.R. § 1.925(b)(3)(ii).
14 Wireless Telecommunications Bureau, Public Safety and Homeland Security Bureau, and Office Of Engineering
and Technology Provide Reminder of January 1, 2013 Deadline for Transition to Narrowband Operations in the
150-174 MHz and 421-512 MHz Bands and Guidance for Submission of Requests for Waiver and Other Matters,
Public Notice, 26 FCC Rcd 9647 (2011) (Narrowbanding Waiver Guidance Notice).
15 Id. at 9649.
2

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Federal Communications Commission

DA 12-1594

8.
Based on the record before us, we conclude that the County’s request warrants waiver
relief because it has demonstrated that the underlying purpose of the narrowbanding deadline – to
promote spectrum efficiency and increase available capacity – would not be served by strict application to
the present case, and that a grant of the waiver would be in the public interest.
9.
The record shows that since 2006, ETSB has been diligently engaged in constructing a
new radio communications system that would obviate the need for ETSB to comply with the
narrowbanding requirements.16 In this regard, we note that ETSB is in the process of procuring twenty-
seven FCC NPSPAC, 700/800 MHz narrowband frequencies, in addition to thirteen 800 MHz channels it
acquired earlier.17 In granting relief to ETSB, we also consider the complexity and scale of its new multi-
jurisdictional radio communications system and the unexpected delays ETSB encountered during the
planning process.18 Notwithstanding these delays, we find encouraging ETSB’s commitment to vacate its
use of the UHF and VHF bands within less than two years of the January 1, 2013 deadline. As a result,
we find that strict enforcement of the narrowbanding deadline under these circumstances would not serve
the underlying purpose of the rule. We also find that waiver relief is consistent with the public interest
because it will enable the County to leverage its limited resources to complete an improved, county-wide,
multi-agency, interoperable communications system.19

IV.

CONCLUSION

10.
Based on the foregoing, we conclude that grant of the waiver is in the public interest.
Accordingly, we grant on the a waiver of the Commission’s January 1, 2013 VHF/UHF narrowbanding
deadline for the agencies and call signs listed in Appendix A until June 30, 2014.

V.

ORDERING CLAUSES

11.
Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of
1934, as amended, 47 U.S.C. § 154(i), and Section 1.925(b)(3)(i) of the Commission’s rules, 47 C.F.R.
§ 1.925(b)(3)(i), that the Request for Waiver filed by the Peoria County Emergency Telephone System
Board IS GRANTED.
12.
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
Zenji Nakazawa
Deputy Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau


16 See Waiver Request at 4.
17 Id.
18 See id. at 6-7.
19 See Waiver Request at 6.
3

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DA 12-1594

Appendix A: List of Affected Call Signs

KSD224
Limestone Township Fire Protection District
WNZX975
Limestone Township Fire Protection District
KF2549
West Peoria Fire Protection District
KNBD811
West Peoria Fire Protection District
KNBD911
West Peoria Fire Protection District
KSE413
West Peoria Fire Protection District
WPKH458
Timber Hollis Fire Protection District
KGW779
Elmwood Fire Department Inc.
KMB642
Greater Peoria Airport Authority
KUN861
Greater Peoria Airport Authority
WNGT256
Greater Peoria Airport Authority
KA87841
Peoria, County of Sheriffs Dept
KNNS796
Peoria, County of Sheriffs Dept
KSH226
Peoria, County of Sheriffs Dept
KCJ417
Peoria, City of
KEL390
Peoria, City of
KNAT718
Peoria, City of
KSA946
Peoria, City of
KTE551
Peoria, City of
KZP220
Peoria, City of
KZZ351
Peoria, City of
WXL707
Peoria, City of
WXL708
Peoria, City of
KD49135
Elmwood, City of
KVM479
Elmwood, City of
KSB568
Chillicothe, City of
WPVP778
Chillicothe, City of
KNFL520
Limestone, Township of
WPCI769
Ambulance Rescue 33 LTD
WQAC661
Ambulance Rescue 33 LTD
KNBB289
Logan Trivoli Fire Protection District
KNBM215
Logan Trivoli Fire Protection District
KSE428
Logan Trivoli Fire Protection District
KAZ687
Akron Princeville Ambulance Inc
KSE279
Akron Princeville Fire Protection District
KNFZ525
Chillicothe, City of
4

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DA 12-1594

WPDI624
Chillicothe Sanitary District
KNFS610
OSF Saint Francis Medical Center
KRG841
OSF Saint Francis Medical Center
WPEY891
OSF Saint Francis Medical Center
WPUD413
OSF Saint Francis Medical Center
WPXK935
OSF Saint Francis Medical Center
WPYG591
OSF Saint Francis Medical Center
WQEN997
OSF Saint Francis Medical Center
KNFF287
Bradley University
KA76306
B Y E Ambulance Service
KYR211
Tuscarora Fire Protection District
WPDA313
Tuscarora Fire Protection District
KFV554
Dunlap Fire Protection District
KNBC439
Dunlap Community Fire Protection Dist
KAJ202
Dunlap Rescue Squad
KJU336
Peoria Heights, Village of
KNFM242
Peoria Heights, Village of
WNDS205
Peoria Heights, Village of
WQKN408
Peoria Heights, Village of
KNBC440
Dunlap, Village of
KSO416
Dunlap, Village of
WPEC819
Dunlap, Village of
KNBW723
Bartonville, Village of
KNBY462
Bartonville, Village of
KNGD359
Bartonville Volunteer Fire Dept
WPHI870
Bartonville, Village of
WPKF842
Bartonville, Village of
WPDU357
Greater Peoria Sanitary and Sewage Disposal District
KTH434
Peoria, County of
WPCH274
Akron Princeville Fire Protection District
KZV871
Chillicothe, Township of
KSE293
Timber Hollis Fire Protection District
KNBH431
Peoria, County of
KSD295
Peoria, County of
WPEC820
Peoria, County of
WNWL489 Proctor Hospital
WQEK224
Proctor Hospital
KSE880
Brimfield Community Fire Protection District
KNDJ429
Peoria, City of
5

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DA 12-1594

WPMG684
OSF Healthcare System
WPWY525 OSF Healthcare System
WQLR520
Peoria Police Department
WQNG453
Trivoli Township
6

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