[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Notices]
[Pages 17364-17365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9017]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[DA 99-641]
Request for Waiver by Sacramento County, California, to Obtain a
License to Obtain a License for a Frequency Allocated for Exclusive
Paging Operations (929.0125 MHz)
AGENCY: Federal Communications Commission.
ACTION: Notice; comments requested.
-----------------------------------------------------------------------
SUMMARY: This document seeks comment on a request by Sacramento County
California, for waiver of the Commission's rules to permit it to use
the frequency 929.0125 MHz for a local alert paging system that would
support public safety services provided in Sacramento and Yolo
Counties, California. Sacramento also seeks waiver of a licensing
freeze that currently governs frequencies in the 929-930 MHz band
allocated for exclusive paging operations.
DATES: Comments are due on or before April 12, 1999, and reply comments
are due on or before April 19, 1999.\1\
\1\ Editorial Note: This document was received at the Office of
the Federal Register on April 7, 1999.
---------------------------------------------------------------------------
ADDRESSES: Federal Communications Commission, Office of the Secretary,
445 Twelfth Street, S.W., TW-325, Washington, D.C. 20554. SW,
Washington, D.C. 20554. A copy of each filing should be sent to
International Transcription Services, Inc. (ITS), 1231 20th Street,
N.W., Washington, D.C. 20036, (202) 857-3800, and John Fernandez,
Federal Communications Commission, Wireless Telecommunications Bureau,
Public Safety and Private Wireless Division, Policy and Rules Branch,
445 Twelfth Street, S.W., Room 4-C400, Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: John Fernandez at the Public Safety
and Private Wireless Division, Policy and Rules Branch (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice, DA 99-641, released on April 1, 1999 (DA 99-641). The full text
of the Public Notice is available for inspection and copying during
normal business
[[Page 17365]]
hours in the Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau, Federal Communications Commission,
445 Twelfth Street, S.W., Room 4-C207, Washington, D.C. 20554. The
complete text of this Public Notice may also be purchased from the
Commission's duplicating contractor, International Transcription
Services, 1231 20th Street, NW, Washington, DC 20036, 202-857-3800.
Alternative formats (computer diskette, large print, audio cassette and
Braille) are available to persons with disabilities by contacting
Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at
mcontee@fcc.gov.
1. On December 16, 1998, the County of Sacramento, California
(``Sacramento County'' or ``the County'') filed a Request for Waiver
(``Waiver Request'') of a licensing freeze that currently governs
frequencies in the 929-930 MHz band allocated for exclusive paging
operations. Sacramento County requests a waiver of the licensing freeze
to permit it to use the frequency 929.0125 MHz for a local alert paging
system that would support public safety services provided in Sacramento
and Yolo Counties, California. The frequency is currently unassigned in
the Sacramento, California, area, according to the County, except for
co-channel licensee Stanford University Hospital. The County states
that Stanford University Hospital concurs with the County's request to
use the channel together on a shared basis.
2. The County filed the instant Waiver Request as part of its
previously pending application (Application File No. D103979). The
County now requests waiver of the licensing freeze and any other
Commission rules necessary to grant its application, pursuant to
Section 337(c) of the Communications Act of 1934, as amended, 47 U.S.C.
337(c). Section 337(c) states that the Commission shall grant an
application by an entity seeking to provide public safety services to
the extent necessary to permit the use of unassigned frequencies, if
the Commission makes five specific findings: (1) no other spectrum
allocated for public safety use is immediately available; (2) there
will be no harmful interference to other spectrum users entitled to
protection; (3) public safety use of the frequencies is consistent with
other public safety spectrum allocations in the geographic area in
question; (4) the unassigned frequencies were allocated for their
present use not less than two years prior to the grant of the
application at issue; and (5) the grant of the application is
consistent with the public interest. ``Public safety services'' are
defined by 47 U.S.C. 337(f)(1) as services, the sole or principal
purpose of which is to protect the safety of life, health, or property,
that are provided by state or local governmental entities or by non-
governmental entities authorized by the governmental entity whose
primary mission is the provision of such services, and that are not
made commercially available to the public by the provider.
3. Sacramento County avers that the record developed in pending
Application File No. D103979, together with the instant Waiver Request,
demonstrates that the County has satisfied all of the statutory
requirements for a grant pursuant to Section 337(c)(1).
4. Interested parties may file comments on the Waiver Request on or
before April 12, 1999. Parties interested in submitting reply comments
must do so on or before April 19, 1999. All comments should reference
the subject Waiver Request by Sacramento County, California, DA 99-641,
and should be filed with the Office of the Secretary, Federal
Communications Commission, 445 Twelfth Street, S.W., TW-325,
Washington, D.C. 20554. A copy of each filing should be sent to
International Transcription Services, Inc. (ITS), 1231 20th Street,
N.W., Washington, D.C. 20036, (202) 857-3800, and John Fernandez,
Federal Communications Commission, Wireless Telecommunications Bureau,
Public Safety and Private Wireless Division, Policy and Rules Branch,
445 Twelfth Street, S.W., Room 4-C400, Washington, D.C. 20554.
5. The full text of the Waiver Request, comments, and reply
comments will be available for inspection and duplication during
regular business hours in the Public Safety and Private Wireless
Division of the Wireless Telecommunications Bureau, Federal
Communications Commission, 445 Twelfth Street, S.W., Room 4-C207,
Washington, D.C. 20554. Copies also may be obtained from ITS.
6. Unless otherwise provided, requests for waiver of the
Commission's rules are subject to treatment by the Commission as
restricted proceedings for ex parte purposes under section 1.1208 of
the Commission's rules, 47 CFR 1.1208. Because of the policy
implications and potential impact of this proceeding on persons not
parties to the waiver request, we believe it would be in the public
interest to treat this case as a permit-but-disclose proceeding under
the ex parte rules. See sections 1.1200(a) and 1.1206 of the
Commission's rules, 47 CFR 1.1200(a), 1.1206. Therefore, subsequent to
the release of this Public Notice, ex parte presentations that are made
with respect to the issues involved in the subject Waiver Request will
be allowed but must be disclosed in accordance with the requirements of
section 1.1206(b) of the Commission's rules, 47 CFR 1206(b).
Federal Communications Commission.
Herbert W. Zeiler,
Deputy Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.
[FR Doc. 99-9017 Filed 4-8-99; 8:45 am]
BILLING CODE 6712-01-U
