EWA Disputes Public Safety’s Justification to Access Industrial/Business Channels

July 30, 2026

The Enterprise Wireless Alliance (EWA) has submitted Reply Comments in The City of Beacon Fire Department, New York (Beacon) waiver request to use an Industrial/Business (IB) UHF channel under the premise that there are no public safety UHF channels available for use by Beacon. EWA’s Reply Comments note that the fundamental issue in this matter is not with Beacon’s request, nor with Forest Industries Telecommunication’s analyses intended to justify their concurrence of Beacon’s application, but APCO’s certification that no assignable Public Safety (PS) channels could be identified for use by Beacon. To make that determination, APCO applied what it describes as “coordination protocols and/or frequency limitations” that award exclusivity protection rights to all PS licensees, rights that are not found in the FCC rules. Part 90 UHF spectrum is shared spectrum, and the Part 90 rules do not distinguish PS from IB for purposes of awarding channel exclusivity.

EWA included in its filing a report noting that a review of FCC ULS data reveals that there are 104 PS licensees within 50 miles of Beacon’s proposed site operating conventional systems that are not entitled to protected service areas under any FCC rule. When all PS channels are viewed as exclusive, it becomes difficult to identify a PS channel for a new applicant like Beacon in a congested market.

EWA also noted that it is puzzling that APCO would assert that Beacon would be better served by sharing an IB channel, subject to monitoring requirements that could delay critical public safety communications, rather than sharing a channel with one of the 104 PS systems.

EWA is indifferent to the protocols APCO may apply to assign exclusive PS channels even if they are not consistent with the FCC rules. However, EWA objects when those protocols are used to justify waiver access to IB spectrum that is assigned in accordance with FCC rules.

If the FCC concludes that the PS coordination protocols are acceptable and justify waiver relief based on PS channel unavailability, EWA requests that those same protocols be used to determine IB channel availability, including the required consent of IB affected incumbents. This requirement will serve to protect IB licensees from the risk of claims that they interfered with vital public safety communications and award the PS applicant the same protection it would enjoy on a PS channel.

About the Enterprise Wireless Alliance

EWA is an FCC-certified frequency advisory committee that provides license preparation, spectrum management and associated services to business enterprises, private carriers, public safety entities and wireless sales and service organizations. Membership within EWA is open to users of wireless communications systems, vendors, system operators and service organizations. Additional information about membership and services is available at www.enterprisewireless.org.

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