[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Notices]
[Pages 56543-56544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27820]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 95-2119]
Waiver of General Category Channel Freeze
AGENCY: Federal Communications Commission.
ACTION: Public notice.
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SUMMARY: This action seeks comment on the State of Florida's Bureau of
Communications Engineering (``Florida'') two separate requests for
waiver of the freeze on General Category channels. It is necessary and
it is important for the Commission to receive public comment on
Florida's requests. The effect of the action will be to seek comment on
whether Florida's requests for waivers to the General Category channel
freeze ought to be granted.
DATES: Comments are to be filed on or before November 7, 1996; reply
comments are to be filed on or before November 12, 1996.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
1919 M Street, NW., Room 222, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Kathryn Hosford at (202) 418-0652 or
khosford@fcc.gov (Internet); Jane Halprin at (202) 418-1366 or
jhalprin@fcc.gov (Internet).
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice, released October 23, 1996. The complete (but unofficial) text
of this Commission Public Notice is available on the Internet at:
http://www.fcc.gov/Bureaus/Wireless/Public__Notices and for inspection
and copying during normal business hours in the FCC Reference Center
(Room 239), 1919 M Street, NW., Washington, DC 20554. The complete text
of this Public Notice is available and may be purchased from the
Commission's copy contractor, International Transcription Services,
Inc. (ITS, Inc.), 2100 Street, NW., Suite 140, Washington, DC 20037,
Telephone number (202) 857-3800.
Summary of Public Notice
1. The State of Florida's Bureau of Communications Engineering
(``Florida'') filed two separate requests for waiver of the freeze on
General Category channels. See Order, 10 FCC Rcd 13190, 60 FR 61554,
November 30, 1995; (Wireless Telecommunications Bureau 1995). The
Wireless Telecommunications Bureau (``Bureau'') placed this freeze on
new applications for General Category Frequencies. The channels for
which the waivers are sought are used in Florida's state-wide public
safety system and the Bureau seeks comment on Florida's waiver
requests.
2. On August 7, 1996, Florida asked that the freeze Order be waived
to allow consideration of its application for modification of WNAY604,
File Number D02612, which comprises part of Florida's 800 MHz trunked
radio system. The request involves six (6) of the twenty (20) General
Category channels used in its state-wide radio system, i.e., Channels
114, 115, 116, 124, 125, and 126 for stations located in Fort
Lauderdale, Coconut Creek, and Sunrise, Florida. Florida concedes that
its application does not meet the requirements of the freeze Order in
that at least one of the proposed stations expands existing service
areas. Florida states that it was licensed under rules in force prior
to the implementation of the freeze Order, which allowed it to modify
station parameters without regard to previously licensed coverage
areas.
[[Page 56544]]
3. On September 9, 1996, Florida submitted a requested for a
general waiver of the freeze Order for all twenty (20) General Category
channels numbered 114 through 133 thoughout the state of Florida. It
also requested that channel number 96, which is licensed for statewide
mutual aid use, not be subject to the freeze Order for the State of
Florida 800 MHz radio system and for all public safety applicants
within the state. Florida asserts that the continued success of the
implementation of their statewide radio system ``critically depends on
the construction of new or modified stations.'' Florida argues that the
freeze Order unfairly prohibits Florida from altering its statewide
radio system. In order to avoid what it argues is the inevitable and
burdensome task of seeking waivers of the freeze Order on a case-by-
case basis (e.g., the August 7, 1996, request), Florida requests the
waiver apply to the entire geographic area of its statewide radio
system and for all twenty-one (21) of the above-noted General Category
channels.
4. Interested parties may file comments concerning the Request For
Waiver on or before November 7, 1996. Reply comments are due on or
before November 12, 1996. Comments and reply comments should be sent or
delivered to: Office of the Secretary, Federal Communications
Commission, 1919 M Street, NW., Room 222, Washington, DC 20554, Att'n
Private Wireless Division, Wireless Telecommunications Bureau. A copy
should also be sent or delivered to: Private Wireless Division,
Wireless Telecommunications Bureau, Room 8010, Stop Code 2000-F,
Federal Communications Commission, 2025 M Street, NW., Washington, DC
20554. Finally, a copy should be sent or delivered to the Commission's
duplicating contractor: International Transcription Services, Inc.
(ITS), 2100 M Street, NW., Suite 140, Washington, DC 20037 (telephone
number: (202) 857-3800). Copies of the waiver request may be obtained
from ITS. Copies are also available for public inspection during
regular business hours in the Private Wireless Division, Wireless
Telecommunications Bureau, Room 8010, 2025 M Street, NW., Washington,
DC 20554.
5. We will treat this proceeding as non-restricted for purposes of
the Commission's ex parte rules. See generally, 47 CFR 1.1200-1.1206.
However, if this waiver petition is opposed, then it will be treated as
a restricted proceeding under the Commission's ex parte rules. See
generally, 47 CFR 1.1208-1.1216.
Federal Communications Commission
William F. Caton,
Acting Secretary.
[FR Doc. 96-27820 Filed 10-31-96; 8:45 am]
BILLING CODE 6712-01-P
