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                                                           Before the
               Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                        )
                                   )
PEND OREILLE COUNTY, WASHINGTON         )     
DEPARTMENT OF EMERGENCY MANAGEMENT )
                                   )
Request for Special Temporary Authority           )
to Operate Conventional Public Safety Pool Station     )
WPKQ914 on Frequency 150.995 MHz North Of Line A)

                    ORDER ON RECONSIDERATION

Adopted: March 5, 2001                  Released: March 7, 2000

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:

1.   Introduction.  Pend Oreille County, Washington (County) has requested reconsideration of
the denial of a request for special temporary authority (STA) by the Public Safety and Private Wireless
Division, Licensing and Technical Analysis Branch (Branch).  The Branch denied the STA request to
operate Conventional Public Safety Pool Station WPKQ914 on frequency 150.995 MHz north of "Line A,"
pending modification of the station license.  Based on our review of the record in this matter, we conclude
that the Branch's denial of the STA request was warranted.  Therefore, the reconsideration petition is denied.

2.   Background.  Frequency 150.995 MHz is subject to Canadian frequency coordination. 
Under a 1962 bilateral agreement, coordination between the United States and Canadian authorities
generally is required in the assignment of certain frequencies, including frequency 150.995 MHz, north of
Line A.

3.   Under the County's license for Station WPKQ914, the County Department of Emergency
Management (Department) is authorized to operate Station WPKQ914 in the County, on frequencies 153.920
MHz, 154.265 MHz, and 154.235 MHz north of Line A.  By letter dated October 9, 2000, the Department
requested an STA to operate Station WPKQ914 on frequency 150.995 MHz at four sites, pending
certification of its application to modify the license to add the frequency by its frequency coordinator, the
International Municipal Signal Association.  The Department, which provides dispatch and radio
communications services in support of public safety entities within the County, stated, "The frequency is
required in order to resolve interference between a Fire paging transmitter and a Fire repeater in support of
ground operations."  The Department also stated that the frequency change "must be made before winter
weather limits access to the sites."

4.   On October 26, 2000, the Branch denied the Department's STA request, because the
requirement to obtain Canadian coordination had not been satisfied.  Additionally, the Branch said, the
Commission had not received the County's license modification application and the request for an additional
frequency required coordination.  The Branch noted that once the County's modification application was
received by the Commission and cleared by Canada, the County could request an STA pending issuance of the
license.  

5.   By letter dated November 10, 2000, the County requested reconsideration of the Branch's
action.  The County said the STA request had been refused "because the sites were above line A and are
deemed to have the potential to cause interference with stations in Canada."  The County enclosed an
engineering review of the STA request, saying it believes "no interference will occur."

6.   Discussion.  Based on our review of the record, we find that the Branch's action in this matter
was correct.  The County requests special temporary authority to operate Station WPKQ914 on terms other
than those specified in its current license, specifically.  Specifically the Department seeks to operate on an
additional frequency.  Although the requested frequency is subject to Canadian coordination, no license
modification application for the requested frequency has been filed with the Commission.

7.   As an initial matter, we note that the Commission is bound by international agreement to
coordinate with the Canadian government regarding stations proposing to use certain frequencies north of
Line A.  Under the U.S./Canadian Above 30 MHz Agreement, before the Commission takes final action on
any application for the new use of frequency 150.995 MHz north of Line A, the Commission must refer the
proposed assignment to the Canadian authorities for coordination.  We do not refer a proposed assignment
until after receipt of the requesting party's application.  Here, no modification application has been filed
with the Commission.  Therefore, the Branch could not grant the County's STA request in light of the
Commission's bilateral treaty obligations.  Accordingly, we deny the petition for reconsideration.

          8.   Conclusion.  For the reasons set forth above, we find no basis for reversing the Branch's 
decision.  The Branch's action is warranted based on the facts presented, and is consistent with Commission
precedent, and our bilateral treaty obligations.  We therefore deny the County's reconsideration petition.

9.   Ordering Clauses.  Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405
of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405, and Section 1.106 of the
Commission's Rules, 47 C.F.R.  1.106, the Petition for Reconsideration filed by the Pend Oreille County,
Washington on November 10, 2000 IS DENIED.

10.  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



                         D'wana R. Terry
                              Chief, Public Safety and Private Wireless Division
                              Wireless Telecommunications Bureau