[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Notices]
[Pages 14915-14916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7783]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 99-537]


Request for Waiver by San Mateo County, California, to Obtain a 
License for Thirty-one Frequencies Allocated for Paging Control 
Operations

AGENCY: Federal Communications Commission.

ACTION: Notice; comments requested.

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SUMMARY: This document seeks comment on a waiver request by San Mateo 
County, California, to permit it to use thirty-one frequencies for 
public safety purposes that are now allocated for point-to-multipoint 
paging control operation in the San Francisco, California, area.

DATES: Comments are due on or before March 29, 1999, and reply comments 
are due on or before April 5, 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 Peter J. Daronco, 
Federal Communications Commission, Wireless Telecommunications Bureau, 
Public Safety and Private Wireless Division, Policy and Rules Branch, 
445 Twelfth Street, S.W., Room 4-C431, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Peter J. Daronco 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 99-537, released on March 18, 1999 (DA 99-357). The full 
text of the Public Notice is available for inspection and copying 
during normal 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. 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 [email protected].
    1. On January 28, 1999, the County of San Mateo, California (``San 
Mateo County'' or ``the County'') filed applications and a Request for 
Waiver (``Waiver Request'') of section 22.621 of the Commission's 
rules, 47 CFR 22.621. San Mateo County requests a waiver to permit it 
to use thirty-one frequencies for public safety purposes that are now 
allocated for point-to-multipoint paging control operation in the San 
Francisco, California, area. The County states that these thirty-one 
frequencies are currently unassigned and it proposes to utilize this 
spectrum in the form of thirteen narrowband (12.5 kHz) channel pairs.
    2. The County requests waiver of section 22.621, and any other 
Commission rules necessary to grant its applications, 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-

[[Page 14916]]

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. San Mateo County avers that the subject spectrum will be used to 
provide ``public safety services'' as defined by Section 337(f)(1), 
because it is a local governmental entity proposing a trunked system to 
serve its Sheriff's Department, Park Police, Emergency Medical Services 
Department, and perhaps other public safety agencies within the county. 
The County states that the public safety services at issue will not be 
made commercially available to the public by the County and that its 
application meets the other requirements of Section 337(c) in the 
following particulars: (a) no existing, suitable frequencies allocated 
to public safety are available to satisfy the requested public safety 
service use; (b) no harmful interference to other Commission licensees 
will occur and the County's proposed channel plan preserves a ``guard'' 
channel to avoid any potential for harmful interference; (c) use of the 
subject frequencies for public safety services is consistent with other 
allocations for the provision of such services in the geographic area 
for which the application is made because the requested frequencies are 
part of the 470-512 MHz band, which is already used extensively for 
public safety operations in the San Francisco area; (d) the Commission 
allocated the subject frequencies for paging control operations over 
five years prior to the date of the filing of the Request; and (e) the 
public interest will be served because the proposed system will allow 
the County to provide effective and efficient communications capability 
for its public safety communications operations whereas absent a 
waiver, the County will continue to face severe limitations in its 
ability to protect the safety of life, health and property.
    4. Interested parties may file comments on the Waiver Request on or 
before March 29, 1999. Parties interested in submitting reply comments 
must do so on or before April 5, 1999. All comments should reference 
the subject Waiver Request by San Mateo County, California, DA 99-537, 
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 Peter J. Daronco, 
Federal Communications Commission, Wireless Telecommunications Bureau, 
Public Safety and Private Wireless Division, Policy and Rules Branch, 
445 Twelfth Street, S.W., Room 4-C431, 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. 99-7783 Filed 3-26-99; 8:45 am]
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