Of course the bigger question is where are they going to find the funding to build over 100 radio stations and maintain those facilities, especially on leased tower space. Without some kind of an advertising source or other methods that are not consistent with §399b, I can't see how they would be able to sustain these facilities. Trust me, if these were accepted for filing, they would have likely seen an REC Informal Objection of near-Cesar Guel proportions. The key word here is "jurisdiction". WARN did not provide any evidence that they have specific contracts/compacts to provide public safety services beyond providing radio services, such as actually providing police or fire services. I am very happy with the Audio Division's decision on this. This was a rule that I wanted changed prior to the window, but I did not want to delay the window. This is an issue we will be looking at on the back end before we have another window.
There are currently three remaining groups of multi-filer public safety applications pending:
Trinity County Information Service, Inc. proposes 8 facilities within one county in California. Their application does include a statement from the county that they can provide public safety radio services. Based on clarifications made in the WARN decision, it is very possible their applications will also be dismissed as they do not provide non-radio public safety services.
Gila River Telecommunications, Inc. (GRTI) proposes 3 facilities on the Gila River Indian Community (GRIC) in Arizona. These are applications that I worked on. In this case, the applicant is a wholly tribal-owned corporation that is controlled by the Tribal Council that provides infrastructure services, such as fiber and copper within the Community. The controversy on these applications is that GRTI, again on behalf of the Tribe, is currently the licensee of several LPTV stations on Tribal land. In the 2012 LPFM Fifth Report and Order where the FCC expanded LPFM eligibility to Tribes, the FCC addressed cross-ownership by Tribes and punted on the issue stating that they would entertain a waiver request where it can be demonstrated that the grants would not be contrary to LPFM goals and would advance the FCC's longstanding goal of expanding service to Tribal lands and members or otherwise is in the public interest. The applications include waiver requests for cross-ownership and for recognition of GRTI as a governmental entity. Because of the nature of providing radio and television services on Tribal land, REC's position is that such cross-ownership would be in the public interest and that the addition of LPFM services would complement and not compete and would improve the quality of life on the GRIC. All applications are singleton. I also note that the FCC allows cross-ownership for colleges and universities that have full-service stations that propose an LPFM station where the latter is intended to be operated by students at the institution. REC's application for Minnesota State University Mankato (779685, Mankato, MN), which applied the "student station rule" was granted on February 14.
Dekalb County Emergency Management Agency. Proposing 6 facilities in Dekalb County, Alabama. These proposals are from the actual government entity with jurisdiction over the county. These applications are currently on public notice as accepted for filing and grants are expected. All applications are singleton.