DA 06-99

Released: January 26, 2006

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER
OF TELEVISION INTERFERENCE RULES BY THE STATE OF NEW YORK TO IMPLEMENT A
700 MHz PUBLIC SAFETY COMMUNICATIONS SYSTEM**

**WT Docket No. 06-18**

**Comment Date: March 13, 2006**

**Reply Comment Date: March 28, 2006**

On November 1, 2005, the State of New York (New York) filed a request
for waiver[^1] of Section 90.545 of the Commission's Rules, 47 C.F.R. §
90.545, to permit implementation of a new 700 MHz public safety radio
communications system within specified counties in the greater New York
City metropolitan area (Downstate New York)[^2] prior to the end of the
transition from analog television (TV) to digital television (DTV). New
York holds a statewide, public safety license, Station WPTZ779,
authorizing the use of certain frequencies within the 764-776 MHz and
794-806 MHz frequency bands. Section 90.545 requires that public safety
licensees operating in these bands protect the reception of co-channel
and adjacent channel TV/DTV signals until the end of the DTV transition.
New York requests a waiver to permit it to operate with less distance
separation from TV/DTV stations in the region than is required by
Section 90.545.

New York states that many public safety agencies throughout the state
currently operate obsolete facilities on various incompatible frequency
bands.[^3] Many radio systems lack sufficient in-building or wide-area
coverage necessary to provide adequate response during emergencies. In
particular, New York states that the Metropolitan Transportation
Authority Police Department's communications suffer from lack of
interoperability with local police departments and insufficient coverage
in rail stations and tunnels. New York is in the process of implementing
an integrated Statewide Wireless Network (SWN) to enhance
interoperability for state and local public safety and public service
agencies. New York states that there is a critical and immediate need
for deployment in Downstate New York, and the SWN will address these
issues by establishing a common, cost-efficient, and fully interoperable
infrastructure for all state agencies, and local agencies that choose to
participate.

Section 90.545(c)(1)(ii) of the Commission's Rules, 47 C.F.R. §
90.545(c)(1)(ii), permits licensees to submit an engineering study to
meet TV/DTV protection requirements, subject to Commission approval. In
support of this request, New York prepared an engineering study that, it
contends, demonstrates that the proposed public safety operations in
Downstate New York will not cause significant interference to off-air TV
reception on TV Channels 62, 63, 64, 67, 68 and 69.[^4] New York has
submitted analyses of the effects of its proposed fixed and mobile
operations on nine TV stations. New York opines that while some
interference is predicted, the number of affected viewers is *de
minimis* and, in any event, the interference will end upon the
completion of the DTV transition. We ask commenters to address whether
this waiver request is an appropriate vehicle for considering approval
of a system that is allowed to cause some amount of predicted
interference to TV and DTV service, or whether this issue should be
considered first in another context, such as the broader Qualcomm
request that is pending before the Commission.[^5]  With respect to the
interference issue, we also seek comment on whether New York any waiver
granted to New York should be conditioned on a commitment to correct any
reported interference to TV or DTV reception, or if there are specific
restrictive conditions that we should otherwise impose to minimize such
interference.

**GENERAL INFORMATION**

Comments must be filed no later than March 13, 2006, and reply comments
must be filed no later than March 28, 2006. All filings concerning
matters referenced in this Public Notice should refer to WT Docket No.
06-18. 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.[^6]

-   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 the waiver request noted herein, 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.[^7] 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.[^8] 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.[^9]

For further information, contact Mr. Thomas Eng, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau at
(202) 418-0019, TTY (202) 418-7233, or via email to Thomas.Eng@fcc.gov.

**-FCC-**

[^1]: *See* Request for Waiver and 90.545 Engineering Study, dated Oct.
    19, 2005, filed by the State of New York on Nov. 1, 2005 (Waiver
    Request).

[^2]: "Downstate New York" consists of Dutchess, Orange, Putnam,
    Rockland, Westchester, Bronx, New York, Richmond, Kings, Queens,
    Nassau, and Suffolk Counties.

[^3]: Waiver Request at 2-3.

[^4]: *See* 90.545 Engineering Study, Downstate New York 700 MHz Public
    Safety Operations, filed by the State of New York on Nov. 1, 2005.

[^5]: *See* Pleading Cycle Established for Qualcomm Incorporated
    Petition for Declaratory Ruling, *Public Notice*, WT Docket No.
    05-7, 20 FCC Rcd 1293 (WTB MD 2005) (seeking comment on request for
    (1) clarification that Office of Engineering and Technology Bulletin
    No. 69, "Longley-Rice Methodology for Evaluating TV Coverage and
    Interference" (OET-69) is an acceptable basis for demonstrating
    compliance with Section 27.60 of the Commission's Rules; (2)
    declaratory ruling that that, for purposes of making engineering
    showings pursuant to Section 27.60(b)(1)(iii), predicted
    interference to not more than two percent of the population served
    by a TV/DTV station is *de minimis* and therefore acceptable; and
    (3) that the Commission establish streamlined processing procedures
    for OET-69 showings, including a rebuttable presumption that such
    showings are sufficient when no objections are filed with the
    Commission).

[^6]: *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    FR 24121 (1998).

[^7]: 47 C.F.R. §§ 1.1200(a), 1.1206.

[^8]: 47 C.F.R. § 1.1206(b).

[^9]: *Id*.