DA 06-1878

Released: September 15, 2006

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST BY NEW
YORK STATE ELECTRIC & GAS CORPORATION FOR EXTENSION OF TIME AND
CONSOLIDATION OF CONSTRUCTION DEADLINES FOR PART 22 AND PART 90
LICENSES**

**WT Docket No. 06-173**

**Comment Date: October 16, 2006**

**Reply Comment Date: October 30, 2006**

By this Public Notice, the Wireless Telecommunications Bureau (Bureau)
seeks comment on a request for extension of time and consolidation of
construction deadlines filed by New York State Electric & Gas
Corporation (NYSEG).[^1] NYSEG requests a waiver of section 22.503(k)
for its Part 22 economic area (EA) paging frequencies[^2] and section
90.155(a) for its Part 90 150 MHz industrial/business frequencies[^3] to
allow a consolidated construction deadline of December 31, 2009 for its
planned 51-site statewide radio system.[^4]

NYSEG serves approximately 848,000 electricity customers and 253,000
natural gas customers across more than forty percent of upstate New
York.[^5] NYSEG states that it plans to replace various existing radio
systems with a single integrated, statewide system that maximizes
efficiency through trunking and frequency re-use.[^6] NYSEG argues that
an extension of time to construct and consolidation of its construction
deadlines is required in order for it to complete its complex 51-site
statewide radio system in an orderly, efficient manner.[^7] Generally,
NYSEG argues that a waiver and extension of its construction
requirements would increase the overall use of the spectrum and would
guarantee that this spectrum does not lay fallow indefinitely. NYSEG
also argues that certain implementation requirements are beyond its
control, including the need to coordinate its operations with Canada. In
addition, NYSEG argues that a consolidation of its inconsistent
construction deadlines is warranted because when the FCC adopted
construction requirements for Part 22 paging licenses and Part 90 150
MHz industrial/business licenses, it did not envision a single,
integrated system incorporating Part 22 and Part 90 licenses.

Interested parties may file comments on NYSEG's Request on or before
October 16, 2006. Parties interested in submitting reply comments must
do so on or before October 30, 2006. All filings concerning matters
referenced in this Public Notice should refer to WT Docket 06-173.
Comments may be filed using: (1) the Commission's Electronic Comment
Filing System (ECFS): http://www.fcc.gov/cgb/ecfs/, (2) the Federal
Government's eRulemaking Portal: http://www.regulations.gov, or (3)
paper copies.[^8]

-   ECFS Filers: If multiple docket or rulemaking numbers appear in the
    caption of this proceeding, filers must transmit one electronic copy
    of the comments for each docket or rulemaking number referenced in
    the caption. In completing the transmittal screen, filers should
    include their full names, U.S. Postal Service mailing addresses, and
    the applicable docket or rulemaking number. Interested parties may
    also submit an electronic comment by Internet e-mail. To get filing
    instructions, filers should send an e-mail to ecfs@fcc.gov, and
    include the following words in the body of the message: "get form."
    A sample form and directions will be sent in response.

-   eRulemaking Filers: Filers should follow the instructions provided
    on the website for submitting comments.

-   Paper Filers: Parties who 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, filers
    must submit two additional copies for each additional docket or
    rulemaking number. 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, Express, and Priority mail
        should be addressed to 445 12^th^ Street, SW, Washington, DC
        20554.

Copies of this public notice, and NYSEG's Reques, will be posted on the
web at http://gullfoss2.fcc.gov/prod/ecfs/comsrch_v2.cgi and will be
available for public inspection and duplication during regular business
hours in the FCC Reference Information Center, 445 12th Street, SW, Room
CY-A257, Washington, DC 20554. Copies of the comments and other filings
in this docket also may be obtained from the Commission's duplicating
contractor, Best Copy and Printing, Inc. in person at 445 12th Street,
SW, Room CY-B402, Washington, DC 20554, via telephone at (202) 488-5300
or (800) 378-3160, via facsimile at (202) 488-5563, or via e-mail at
fcc@bcpiweb.com. 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 or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

This proceeding is designated as a "permit‑but‑disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^9] 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 is generally required.[^10] 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.[^11]

For further information, contact James Brown, Mobility Division,
Wireless Telecommunications Bureau at (717) 338-2621 or via email at
<James.Brown@fcc.gov>.

By the Chief, Mobility Division, Wireless Telecommunications Bureau.

**-FCC-**

> **APPENDIX A**

**New York State Electric & Gas Corporation Extension Applications**

  ------------------ ------------------ --------------- -------------------
  **File Number**    **Call Sign**      **Radio Service **Date Filed**
                                        Code**          

  0002652309         WPVF298            CP              06/15/2006 

  0002652310         WPVF314            CP              06/15/2006 

  0002652311         WPXN900            CP              06/15/2006 

  0002652312         WPZP559            CP              06/15/2006 

  0002652313         WPZP560            CP              06/15/2006 

  0002652314         WPZP561            CP              06/15/2006 

  0002652315         WPZW633            CP              06/15/2006 

  0002652316         WPZW634            CP              06/15/2006 

  0002652317         WPZW635            CP              06/15/2006 

  0002652318         WPZW636            CP              06/15/2006 

  0002652319         WPZW637            CP              06/15/2006 

  0002652320         WPZW638            CP              06/15/2006 

  0002652321         WPZW639            CP              06/15/2006 

  0002652322         WPZW640            CP              06/15/2006 

  0002652323         WPZW641            CP              06/15/2006 

  0002652324         WPZW642            CP              06/15/2006 

  0002652325         WPZW643            CP              06/15/2006 

  0002652326         WPZW644            CP              06/15/2006 

  0002652327         WPZW645            CP              06/15/2006 

  0002652328         WPZW646            CP              06/15/2006 

  0002652329         WPZW647            CP              06/15/2006 

  0002652330         WPZW648            CP              06/15/2006 

  0002652331         WPZW649            CP              06/15/2006 

  0002652332         WPZW650            CP              06/15/2006 

  0002652333         WPZW651            CP              06/15/2006 

  0002652345         WQDZ733            YG              06/15/2006 

  0002652346         WQEG663            YG              06/15/2006 

  0002652347         WQEI789            YG              06/15/2006 

  0002652348         WQEQ261            YG              06/15/2006 

  0002652349         WQEQ270            YG              06/15/2006 

  0002652350         WQEQ425            YG              06/15/2006 

  0002652351         WQEQ426            YG              06/15/2006 

  0002652352         WQER995            YG              06/15/2006 

  0002652353         WQES833            YG              06/15/2006 

  0002652354         WQET480            YG              06/15/2006 
  ------------------ ------------------ --------------- -------------------

[^1]: *See* Appendix A for a list of the call signs and corresponding
    File Nos. of the requests for extension of time to construct (Waiver
    Request).

[^2]: Generally, section 22.503(k) of the Commission's rules states that
    an EA paging licensee must construct facilities to cover one-third
    of the population of its license area within three years and cover
    two-thirds of the population of its license area within five years
    of the grant of the authorization. Alternatively, the licensee may
    elect to demonstrate that, no later than five years after the
    initial grant of its license, it provides substantial service to its
    licensed area. 47 C.F.R. § 22.503(k).

[^3]: Section 90.155(a) of the Commission's rules states that a Part 90
    150 MHz industrial/business licensee, must place its stations in
    operation within twelve months from the grant of its authorization.
    47 C.F.R. § 90.155(a).

[^4]: The five-year construction deadlines for NYSEG's Part 22 licenses
    are between June 21, 2007 and March 20, 2009. The twelve month
    construction deadlines for NYSEG's Part 90 licenses are between
    January 20, 2007 and April 10, 2007.

[^5]: Waiver Request at 2.

[^6]: *Id.* NYSEG notes that it currently operates conventional private
    land mobile and various microwave facilities for a wide variety of
    needs, including mobile voice and dispatch, backhaul, electric and
    gas distribution system construction and operations, emergency
    response, customer service operations, training, and security
    management.

[^7]: *Id*. at 6.

[^8]: *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    FR 24121 (1998).

[^9]: 47 C.F.R. §§ 1.1200(a), 1.1206.

[^10]: 47 C.F.R. § 1.1206(b).

[^11]: *Id*.