**DA 02-512**

Released: March 5, 2002

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER
BY THE STATE OF FLORIDA TO ALLOW FOR GEOGRAPHIC LICENSING

Comment Date: March 19, 2002 Reply Comment Date: March 26, 2002

On February 12, 2002, the State of Florida (Florida) submitted a request
for expedited waiver of Section 90.693(d)(1) of the Commission\'s
Rules[^1] to allow Florida to consolidate its site-by-site licenses for
General Category frequencies in its 800 MHz statewide public safety
radio system into a statewide geographic license.[^2] Florida seeks to
obtain a geographic license pursuant to Section 90.693(d)(1) of the
Commission\'s Rules, which permits certain incumbent licensees operating
at multiple sites in the 806-821/851-866 MHz band to exchange multiple
site licenses for a single geographic area license.[^3] Under that rule,
the incumbent's geographic license area is defined by the contiguous and
overlapping contours of its constructed and operational external base
stations and interior sites.[^4]

By way of background, Florida is authorized to operate on thirty-nine
(39) 12.5 kHz spaced channels in the 800 MHz "F" and "FF" blocks.[^5]
Twenty channels were part of Florida's original authorizations.[^6] In
January 2001, the Wireless Telecommunications Bureau (Bureau) issued an
*Order* authorizing Florida to operate on "19 off-set channels"[^7]
associated with these twenty contiguous channels, in order to "allow
Florida to make more efficient use of its 800 MHz General Category
spectrum."[^8] Florida has not yet constructed on all of these
channels.[^9] Florida, however, has been granted extended implementation
authority until June 30, 2004 to complete construction of all its
licensed frequencies.[^10]

Florida argues that a waiver is warranted because the purpose of Section
90.693(d)(1)'s construction requirement would not be served by requiring
Florida to complete construction before it can seek a consolidated
license.[^11] Florida contends that permitting it to apply for a
geographic license would not result in an expansion of Florida's service
area or otherwise affect the operations of any other licensee.[^12] In
this connection, Florida asserts that the overlapping interference
contours completely cover Florida and make it virtually impossible for
any other licensee to make use of that spectrum.[^13] Moreover, Florida
asserts that given the unique geography of the Florida peninsula, there
would be no Economic Area or incumbent licensees to protect, except
along Florida's northern border with Alabama and Georgia.[^14] Florida
also contends that grant of the waiver request would not alter Florida's
obligation to certify that it is in compliance with its annual
construction requirements and thus the Commission would be able to
monitor whether Florida is timely placing its frequencies in
operation.[^15] Florida further contends that granting its waiver
request would reduce the administrative and financial burden on Florida
associated with filing individual site-by-site applications, simplify
the licensing process for the Commission, and provide public safety
entities increased flexibility in moving transmitters to meet coverage
concerns.[^16]

Interested parties may file comments on Florida\'s Waiver Request on or
before March 19, 2002. Parties interested in submitting reply comments
must do so on or before March 26, 2002. All comments should reference
Florida\'s Waiver Request, including the DA number of this Public
Notice, and should be filed with the Office of the Secretary, Federal
Communications Commission, 445 12th Street, S.W., TW-325, Washington,
D.C. 20554. A copy of each filing should be sent to (1) Qualex
International, Inc., Portals II, 445 12^th^ Street, S.W., Room CY-B402,
Washington, D.C. 20554, (202) 863-2893; and (2) John Evanoff, Esq.,
Federal Communications Commission, Wireless Telecommunications Bureau,
Public Safety and Private Wireless Division, Policy and Rules Branch,
445 12th Street, S.W., 4-B411, Washington, D.C. 20554; and (3) Maria
Ringold, Federal Communications Commission, Consumer Information Bureau.
Reference Information Center, 445 12^th^ Street, S.W. Room CY-B529,
Washington, D.C. 20554.[^17]

The full text of the Waiver Request, comments and reply comments will be
available for inspection and duplications during regular business hours
in the Reference Information Center (RIC) of the Consumer Information
Bureau, Federal Communications Commission, 445 12th Street, S.W.,
CY-A257, Washington, D.C. 20554. Copies may also be purchased from the
Commission's duplicating contractor, Qualex International, Portals II,
445 12^th^ Street, S.W. Room CY-B402, Washington, D.C. 20554,
(202)-863-2893, facsimile (202) 863-2898, or via-e-mail
<qualexint@aol.com>. For further information regarding the public
reference file for this Request, contact Maria Ringold, Chief, Wireless
Branch, RIC, (202) 418-1355.

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 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* 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 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 C.F.R. § 1.1206(b).

For further information, contact John Evanoff, Esq., of the Policy and
Rules Branch of the Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau at (202) 418-0848, TTY (202)
418-7233, or via e-mail to <jevanoff@fcc.gov>.

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

[^1]: 47 C.F.R. § 90.693(d)(1).

[^2]: State of Florida, Request for Geographic Licensing and Request for
    Expedited Waiver (filed Feb. 12, 2002) (Waiver Request).

[^3]: 47 C.F.R. § 90.693(d)(1).

[^4]: *Id*.

[^5]: Waiver Request at 2. Spectrum Blocks F and FF encompass channel
    blocks 101-125 and 126-150, respectively, and are available for 800
    MHz SMR General Category. *See* 47 C.F.R. § 90.615.

[^6]: Waiver Request at 2 n.4. The twenty frequencies are 808.8375 MHz,
    808.8625 MHz, 808.8875 MHz, 808.9125 MHz, 808.9375 MHz, 808.9625
    MHz, 808.9875 MHz, 809.0125 MHz, 809.0375 MHz, 809.0625 MHz,
    809.0875 MHz, 809.1125 MHz, 809.1375 MHz, 809.1625 MHz, 809.1875
    MHz, 809.2125 MHz, 809.2375 MHz, 809.2625 MHz, 809.2875 MHz, and
    809.3125 MHz.

[^7]: "Off-set" channels refer to licensees operating on channels
    centered between regularly assignable channels. *See* State of
    Florida, *Memorandum Opinion and Order*, 16 FCC Rcd 2174 n.1 (WTB
    2001) (*State of Florida*) (citing County of San Bernadino,
    *Memorandum Opinion and Order*, 4 FCC Rcd 3830, 3831 n.3 (1989)).
    The regularly assignable channels are spaced 25 kHz apart for the
    800 MHz General Category channels, which results in the off-set
    channels being spaced 12.5 kHz away from the regularly assignable
    channel. *Id*.

[^8]: Waiver Request at 2-3 (citing *State of Florida*, 16 FCC Rcd at
    2178 ¶ 10).

[^9]: *Id*. at 3.

[^10]: *Id*. at 3 n.7 (citing Letter from Mary Shultz, Chief Licensing
    and Technical Analysis Branch, Public Safety and Private Wireless
    Division to Lee F. Moreno, Supervisor, 800 MHz and Microwave Radio
    Design, State of Florida (Apr. 26, 2000)).

[^11]: Waiver Request at 4-6.

[^12]: *Id*.

[^13]: *Id*.

[^14]: *Id*. at 6. *See* *State of Florida*, 16 FCC Rcd at 2180 ¶ 15.

[^15]: *Id*. at 7-8.

[^16]: *Id*. at 8-11.

[^17]: The address for FCC locations should be used only for documents
    filed by United States Postal Service. Documents delivered by
    Federal Express or any other express mail service should be
    addressed to the relevant person or office at the Federal
    Communications Commission, 445 12^th^ Street, S.W., Washington, D.C.
    20554. Hand-delivered or messenger-delivered documents are accepted
    only at our new location at 236 Massachusetts Avenue, N.E., Suite
    110, Washington, D.C. 20002. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, DA 01-2919 (rel. Dec. 14, 2001).