[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Proposed Rules]
[Pages 67880-67882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25261]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 22, 24, 74, 78, and 90

[WT Docket No. 02-55; FCC 04-253]


The 800 MHz Public Safety Interference Proceeding; Request for 
Comments on Ex Parte Presentations and Extension of Deadlines

AGENCY: Federal Communications Commission.

ACTION: Request for comments.

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SUMMARY: Subsequent to release of the 800 MHz Report and Order in the 
Public Safety Interference Proceeding on August 6, 2004, Nextel 
Communications, Inc. and others filed ex parte presentations in the 
rulemaking proceeding. Nextel sought clarification and/or modification 
of certain aspects of

[[Page 67881]]

the Commission's final rules released on August 6, 2004, and published 
in the Rules and Regulations section in this issue. Nextel also filed a 
supplementary ex parte submission providing additional detail on the 
issues it raised in its September 16, 2004, ex parte presentation. 
Other parties have filed ex parte presentations in response to Nextel's 
ex parte filings. The Commission requests comments limited to these 
filings.

DATES: Submit comments on or before December 2, 2004. The Commission is 
not requesting reply comments.

ADDRESSES: All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Suite TW-A325, Washington, DC 20554. 
One (1) courtesy copy must be delivered to Roberto Mussenden, Esq. at 
Federal Communications Commission, Wireless Telecommunications Bureau, 
Public Safety and Critical Infrastructure Division, 445 12th Street, 
SW., Suite 5-C140, Washington, DC 20554, or via e-mail, 
[email protected], and one (1) copy must be sent to Best Copy 
and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 1-800-378-3160, or via Web, http://www.bcpiweb.com.

FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Esq., Public Safety 
and Critical Infrastructure Division, Wireless Telecommunications 
Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice 
released on October 22, 2004 by the Federal Communications Commission 
requesting comments on certain ex parte submissions filed subsequent to 
release of said Report and Order and extending certain deadlines set 
forth in the 800 MHz Report and Order.
    1. In order to develop a full and complete record and to further 
the effective implementation of the 800 MHz band reconfiguration 
process, the Commission seeks expedited comment on the issues raised in 
certain ex parte presentations submitted after release of the 800 MHz 
Report and Order on August 6, 2004. Said issues include the mechanics 
of the relocation process, valuation of the spectrum, and interference 
issues. The Commission is not accepting comment at this time on filings 
that address the freeze on 900 MHz applications. The Commission is 
waiving the reply comment cycle required pursuant to 47 CFR 1.415(c) 
for good cause, because expedited consideration of these issues is 
important to avoid uncertainty in the implementation of the 800 MHz 
band reconfiguration process and to avoid further delaying resolution 
of the problems of unacceptable interference affecting public safety 
licensees in this band. In addition, in order to avoid uncertainty for 
Nextel and other 800 MHz licensees, we believe it is appropriate to 
provide certain parties additional time to comply with certain 
benchmarks set forth in the 800 MHz Report and Order, which is 
published in the Rules and Regulations section of this issue. 
Additional information regarding this deadline extension is published 
in the Rules and Regulations section of this issue.
    3. This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules, 47 CFR 
1.1200, 1.1206. Persons making oral ex parte presentations are reminded 
that memoranda summarizing the presentations must contain summaries of 
the substance of the presentations and not merely a listing of the 
subjects discussed. More than a one or two sentence description of the 
views and arguments presented generally is required. See 47 CFR 
1.1206(b). Other rules pertaining to oral and written ex parte 
presentations in permit-but-disclose proceedings are set forth in 
section 1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).
    4. Interested parties may view the referenced ex parte filings on 
the Commission's Electronic Comment Filing System (ECFS) using the 
following steps: (i) Access ECFS at http://www.fcc.gov/e-file/ecfs.html; (ii) in the introductory screen, click on ``Search for Filed 
Comments'; (iii) in the ``Proceeding'' box, enter ``02-55''; (iv) check 
the box marked ``Search by Date Range; (v) in the ``Date received/
adopted'' block, in the ``From'' column, enter 07/08/2004; (vi) in the 
``To'' column enter the date this notice is published in the Federal 
Register in the format MM/DD/YYYY.
    5. Commenters may file comments using the Commission's Electronic 
Comment Filing System (ECFS) or by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 
Commenters filing through the ECFS can be sent as an electronic file 
via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, 
commenters must submit only one copy of an electronic submission. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Commenters may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected] and 
should include the following words in the body of the message, ``get 
form .'' Commenters will receive a sample form and 
directions in reply.
    6. Parties that choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number.
    7. Commenters may send filings by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although the Commission continues to experience 
delays in receiving U.S. Postal Service mail). The Commission's 
contractor, Natek, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. Commenters must bind all 
hand deliveries together with rubber bands or fasteners and must 
dispose of any envelopes before entering the building. This facility is 
the only location where the Commission's Secretary will accept hand-
delivered or messenger-delivered paper filings. Commenters must send 
commercial overnight mail (other than U.S. Postal Service Express Mail 
and Priority Mail) to 9300 East Hampton Drive, Capitol Heights, MD 
20743. Commenters should address U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail to 445 12th Street, SW., Washington, DC 
20554.
    8. Filings and comments are also available for public inspection 
and copying during regular business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. They may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-
378-3160, or via Web, http://www.bcpiweb.com.


[[Page 67882]]


Federal Communications Commission.
D'wana R. Terry,
Chief of Staff, Wireless Telecommunications Bureau, Federal 
Communications Commission.
[FR Doc. 04-25261 Filed 11-19-04; 8:45 am]
BILLING CODE 6712-01-P