**DA 00-1698**

**Released: July 31, 2000**

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON

REQUEST OF CITY OF DENTON, TEXAS FOR WAIVER TO PERMIT RELOCATION OF 800
MHZ GENERAL CATEGORY STATION WNGC433

**Comment Date: August 15, 2000** **Reply Comment Date: August 25,
2000**

On July 14, 2000, City of Denton, Texas (Denton) filed an application to
modify its license for Station WNGC433 to relocate the tower. Denton
concurrently requested a waiver of the 800 MHz General Category freeze,
and of Section 90.621 of the Commission's Rules, 47 C.F.R. § 90.621, to
permit short-spacing by Denton. Denton is licensed for three General
Category frequency pairs and five Industrial/Land Transportation
frequency pairs in the 800 MHz band. This system serves 831 mobile and
portable units and is used by Denton's police, fire and medical teams.
Denton states that it must relocate its site because its areas of
coverage have changed and it can no longer achieve reliable emergency
radio coverage from its current transmission location. Denton further
states that it has determined that the solution to its coverage problems
is to relocate the transmission site 3.3 miles to the west to allow it
to serve the outlying areas, as well as fill-in the coverage gaps within
the city itself.

The General Category freeze was announced on October 5, 1995 and
prohibits the filing of new applications, including applications for
modification that change an existing station's service area, for General
Category channels. Licensing of General Category Frequencies in the
806-809.750/851-854.750 MHz Bands, *Order*, 10 FCC Rcd 13190 (WTB 1995).
Denton requests waiver of the freeze to allow consideration of its
application for modification. In order to relocate the tower site,
Denton also requires a waiver of Section 90.621(b) of the Commissions
Rules, 47 C.F.R § 90.621(b), which governs the permissible distance
between co-channel systems to protect against interference. Denton's
system is currently short-spaced to stations licensed to Nextel of Texas
(Nextel) and American Electric Power, Inc. (AEP).[^1] The proposed
relocation would create an additional short-spacing to these systems.
Attached to the Request for Waiver are letters from Nextel and AEP
consenting to the proposed relocation.

Interested parties may file comments on Denton's Request for Waiver on
or before August 15, 2000. Parties interested in submitting reply
comments must do so on or before August 25, 2000. All comments and reply
comments should reference Denton's Request for Waiver with the
designated DA number of this *Public Notice*, and should be filed with
the Office of the Secretary, Federal Communications Commission, 445
12^th^ Street, S.W., Room TW-A325, Washington, D.C. 20554. A copy of
each filing should be sent to International Transcript Services, Inc.
(ITS), 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800
and to Brian O'Donnell, Federal Communications Commission, Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division,
445 12^th^ Street, S.W., Room 3-C400, (202) 418-2135.

The full text of the Request for Waiver, comments, and reply comments
are available for inspection and duplication during regular business
hours in the Reference Information Center (RIC) of the Consumer
Information Bureau, Federal Communications Commission, 445 12^th^
Street, S.W., Room CY-A257, Washington, D.C. 20554. Copies also may be
obtained from ITS. For further information concerning the public
reference file for this Request for Waiver, contact Maria Ringold,
Chief, Wireless Branch, RIC, (202) 418-1350.

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
C.F.R. § 1.1208. Because of the policy implications and potential impact
of persons not party 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* 47 C.F.R. §§ 1.1200(a),
1.1206. Therefore, subsequent to the release of this *Public Notice*,
any *ex parte* presentations that are made with respect to the issues
involved in the subject Request for Waiver 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).

For further information, contact Brian O'Donnell of the Policy and Rules
Branch of the Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau at (202) 418-2135 or via e-mail at
bodonnel@fcc.gov.

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.

[^1]: Denton also mentioned a third station to which it is short-spaced.
    For reasons unrelated to this matter, however, the license for that
    station was deleted from the Commission's licensing database on July
    13, 2000.