[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 
[email protected] (Internet); Jane Halprin at (202) 418-1366 or 
[email protected] (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