**DA 07-1080**

**Released: March 7, 2007**

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON AMENDED
APPLICATION FROM SYOSSET, NEW YORK, FIRE DISTRICT TO MODIFY ITS PUBLIC
SAFETY STATION WPYJ816 OPERATING BY WAIVER ON PART 22 FREQUENCIES

File No. 0002490437

## Comment Date: April 9, 2007

**Reply Comment Date: April 24, 2007**

By this *Public Notice*, the Public Safety and Homeland Security Bureau
(Bureau) seeks comment on an application filed by the Syosset Fire
District (Syosset), seeking authorization to modify six Part 22 paging
frequencies licensed to it as part of its existing public safety radio
communications system under Station WPYJ816, Syosset, New York.[^1]
Although Syosset does not seek a waiver of the Commission's rules, we
seek comment on the application because the proposed modifications would
expand Syosset's composite interfering contour on frequencies allocated
to Part 22 paging use in the New York metropolitan area.[^2]

The application seeks to add one base station located at 1 Fairchild
Avenue in Plainview, New York;[^3] delete base stations at Merry Lane,
Jericho, New York, and at Split Rock, Syosset, New York;[^4] allow
slight adjustments to the coordinates and antenna height of the proposed
1 Fairchild Avenue base station; and allow an added repeater capability
and an increased power level from 45 watts ERP to 225 watts ERP on
frequency 470.1375 MHz at both the South Woods Road and 1 Fairchild
Avenue base stations.[^5] Syosset submitted engineering studies
indicating that grant of the requested modification would result in *de
minimis* expansion of the currently authorized interfering contour.[^6]
Syosset states that it would use six-degree down-tilt antennas at the
South Woods Road base station and the proposed 1 Fairchild Avenue base
station on frequency 470.1375 MHz so that there would be no change to
Syosset's existing interference contour footprint in the direction of
co-channel licensee County of Somerset, New Jersey.[^7] Furthermore,
Syosset would use six-degree down-tilt antennas on all frequencies at
the proposed 1 Fairchild Avenue site.[^8]

Interested parties may file comments and reply comments on the
application on or before the dates indicated on the first page of this
document. All comments and reply comments should reference the subject
application including the DA number of this *Public Notice*. Filings can
be sent by hand or messenger delivery, by commercial overnight courier,
or by first-class or overnight U.S. Postal Service mail (although we
continue to experience delays in receiving U.S. Postal Service mail).
All filings must be addressed to the Commission's Secretary, Office of
the Secretary, Federal Communications Commission.

-   The Commission's contractor 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 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} entering the
    building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class mail, Express, and Priority mail
    must be sent to 445 12th Street, S.W., TW-A325, Washington, D.C.
    20554.

The application and attachments can be accessed electronically via the
Commission's Universal Licensing System, <http://wireless.fcc.gov/uls>.
The full text of the attachments, comments, and reply comments will be
available for inspection and duplication during regular business hours
in the FCC Reference Information Center (RIC) of the Consumer and
Governmental Affairs Bureau, Federal Communications Commission, 445 12th
Street, S.W., Room CY-A257, Washington, D.C. 20554. Copies may be
purchased from the Commission's duplicating contractor, Best Copy and
Printing, Inc. (BCPI), Portals II, 445 12th Street, S.W., Room CY-B402,
Washington, D.C. 20554. Customers may contact BCPI through its web site,
[http://www.bcpiweb.com](http://www.bcpiweb.com/), by email at
<fcc@bcpiweb.com>, by phone at (202) 488-5300 or (800) 378-3160, or by
facsimile at (202) 488-5563. For further information regarding the
public reference file for this application, contact Maria Ringold,
Chief, Wireless Branch, RIC, (202) 418-1355.

Because of the policy implications and potential impact of this
proceeding on persons not parties to the application, 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), 1.1206 of the Commission's Rules, 47 C.F.R. §§ 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 application will be allowed but must be disclosed in
accordance with the requirements of Section 1.1206(b) of the
Commission's Rules, 47 C.F.R. § 1.1206(b).

To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail
to [[fcc504@fcc.gov]{.underline}](mailto:fcc504@fcc.gov) or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice),
202-418-0432 (tty).

For further information, contact Mr. Thomas Eng of the Policy Division,
Public Safety and Homeland Security Bureau at (202) 418-0019, TTY (202)
418-7233, or via e-mail to Thomas.Eng@fcc.gov.

By the Deputy Chief, Public Safety and Homeland Security Bureau.

\- FCC -

[^1]: FCC File No. 0002490437 (filed Feb. 17, 2006, amended Feb. 24,
    2006, Aug. 10, 2006, and Dec. 14, 2006) (Application). On August 18,
    2003, Syosset was granted authority to operate eleven Part 22 paging
    frequencies pursuant to Section 337(c) of the Communications Act of
    1934, as amended, 47 U.S.C. § 337(c). *See* Syosset Fire District,
    *Memorandum Opinion and Order*, 18 FCC Rcd 16635 (WTB PSPWD 2003).
    The Wireless Telecommunications Bureau previously sought comment on
    application FCC File No. 0002490437, as amended, as well as a second
    application filed by Syosset, FCC File No. 0002509311 (filed Mar. 2,
    2006; amended Apr. 4, 2006, and June 13, 2006), on August 1, 2006.
    *See* Wireless Telecommunications Bureau Seeks Comment On
    Application From Syosset, New York, Fire District To Modify Its
    Public Safety Station WPYJ816 Operating By Waiver On Part 22
    Frequencies, *Public Notice*, 21 FCC Rcd 8705 (WTB PSCID 2006). On
    August 10, 2006, Syosset withdrew the second application, FCC File
    No. 0002509311, because its proposed power level increases at the
    Merry Lane, Jericho, New York, and Split Rock, Syosset, New York,
    stations are now rendered moot by FCC File No. 0002490437, as
    amended, which requests a deletion of these base stations.

[^2]: *See* 47 C.F.R. §22.621.

[^3]: Syosset currently is authorized to operate at the 1 Fairchild
    Avenue site under Call Sign WQEL413, Plainview, New York, pursuant
    to special temporary authority.

[^4]: *See* FCC File No. 0002490437.

[^5]: *Id.*

[^6]: *See* *id*., attached untitled engineering analysis prepared by
    Langone & Associates, and engineering analysis for 470.1375 MHz
    prepared by Langone & Associates (Engineering Study).

[^7]: *See* Engineering Study at 2.

[^8]: *Id*. at 1.