[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]


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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.

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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.
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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 
[email protected].
    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]
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