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Background:  The City of Claremore was constructing a UHF trunked radio system (we assisted in their bid document preparation), and had applied for frequencies through their local radio dealer.  However, they were having difficulties in getting the channels approved by their state coordinator.  We did a confirming search to determine if there are sufficient UHF Public Safety channels for them to license the system they intended to build. The City had asked for our advice on determining the facts of the case.  Was there any reason for the state coordinator to refuse to process their application? Are any channels available?

Date:  February, 2004

1.

Subject: FCC License Application for Public Safety Trunked Channels
Date: February 23, 2004 2:04 PM

Sir,

I understand your city is having difficulties in securing coordination for the 5 UHF trunked channels.

The inability of your state coordinator to approve your requested channels is a bit confusing to me, as I have already performed a frequency search and there are sufficient channels at your location that can be licensed in your system.

Without access to the specific application and documentation your city submitted to the coordinator, it is difficult for me to give a professional judgment as to what has happened to your request for channels. However, based on our conversations and long experience with the coordination and licensing process, I have some observations.

While it should not be so, the licensing process has become more complex and technical over the last 10 years, to the point that most personnel in the radio business itself have difficulty in keeping up with all the technical and legal changes. Once, all that was required was the submission of a single form 574, with about four blocks filled in, a signature and a check to the FCC.

Today, the basic application form itself is over 30 pages long, and the instructions are over 100 pages long. Often (as in your case), additional technical submission must accompany the application. Each coordinator has its own requirements and processes that must also be adhered to, or the application is returned. The FCC rules on the duties and responsibilities of coordinators can be found in 47 CFR 90, available online here

The system of using volunteer state coordinators often has been a problem in the coordination of Public Safety Pool channels, due to the part-time nature of the job, as well as the varied technical abilities of the different state volunteers.

In the past, your state coordinator would have determined if the specific frequencies you requested were available, and performed the technical certification. If those specific channels were not available, then he would have checked the FCC or their own database for other available channels and asked you if a substitution was allowable.

However, the coordinator isn’t required to perform all the technical work to find acceptable frequencies, without additional charges for technical and engineering assistance.

Generally, the coordinators rely on an outside agency or the applicant themselves to provide the technical data, requested frequencies, and all certifications. The coordinator then double-checks the application for technical and legal compliance and if it is correct, sends it to the FCC for processing.

My company is just such an “outside agency”. We work with all the FCC authorized coordinators on a regular basis, and are familiar with most of the system’s idiosyncrasies.

One issue that is often clouded is that a coordinator can not, by FCC regulation, simply “refuse” to coordinate an application. They may return it for additional clarification or technical information, but if the applicant insists, they must forward the application to the FCC, with a technical or legal analysis of why they will not recommend its approval. This gives the applicant the ability to plead its case directly to the FCC.

Of course if the applicant doesn’t understand the rules, or the technical requirements, they will lose the battle at the FCC. However, if the applicant does have its information correct, generally the coordinator will concede long before it reaches the FCC.

My company has often been in the position of arguing against a coordinator. We have yet to lose a fight for an application, primarily because we try to resolve any issues before it becomes a "fight" and ensure our applications are both administratively and technically correct. Usually the coordinator opposing us recognizes that fact, and prefers to avoid the embarrassment of having the FCC overturn them.

In your specific case, I understand that your local coordinator has told you that the frequencies you requested on your application will interfere with channels already licensed elsewhere. This is a relatively simply determination. The rule for UHF trunking can be found in 90.187 "Trunking in the bands between 150 and 512 MHz".

My company has the necessary software and experience to quickly make a determination about such situations, and do so regularly as part of our licensing process.

We have already performed a download of all UHF frequencies within an 85 mile radius of your tower-site, and our initial assessment is that there are channels available for you to construct a UHF trunking system. It may require inter-service sharing, additional technical analysis or the acceptance of close-spaced frequencies, but there are sufficient channels available for you to license and build your system.

The costs to license a 5 channel trunked system through us for an application such as yours is:

1. Download, Search and FCC form 601 preparation …………..…. $ 600
2. Engineering and Contour analysis per channel $300 ...5 channels …$1500
3. Coordination fees (per channel) ..$210 ...............…. 5 channels .... $1060

Total fees: $3160

Since we have already performed the frequency download, we are prepared to discuss available channels with you and your vendor.

And, as I discussed with you and your police chief, I would be more than happy to review your current application for you for a verbal review of where you stand in your current situation.

Sincerely,

PROS Ltd.

2.

Using the information we provided, and the knowledge that the information they were being told by the coordinator was inaccurate, the city was able to get their UHF trunked license through the licensing process.  They were licensed under the callsign WQBE954.  (local copy).

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