**DA 00-230** **Released February 9, 2000**

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER
BY DATARADIO CORPORATION FOR EXEMPTION FROM RULE REQUIRING TRANSMITTER
CAPABILITIES ON INTEROPERABILITY CHANNELS**

#  Comment Date: March 10, 2000 Reply Comment Date: March 27, 2000

On December 20, 1999, Dataradio Corporation (DATARADIO), which, with its
affiliates, develops and manufactures wireless products and networks
supporting data applications for mobile and fixed uses in the public
safety and private wireless communities, requested a waiver of Section
90.547 of the Commission's Rules, 47 C.F.R. § 90.547. Section 90.547
provides, "Mobile and portable transmitters designed pursuant to
standards adopted by the National Coordination Committee to operate in
the 764-776 MHz and 794-806 MHz frequency bands must be capable of
operating on any of the designated nationwide narrowband
interoperability channels approved by the Commission."

By way of background, in 1998 the Commission reallocated TV channels
63-64 (764-776 MHz) and 68-69 (794-806 MHz) (collectively, the 700 MHz
band) for use by public safety services. The channels were designated
for general use (fifty-three percent of the 700 MHz band),
interoperability (ten percent), or held in reserve for later designation
(thirty-seven percent). Subsequently, the National Coordination
Committee (NCC) a federally chartered advisory committee, was
established, *inter alia*, to formulate and submit for Commission review
and approval an operational plan, including technical standards, to
achieve nationwide interoperability in the 700 MHz band.

In support of its Request, DATARADIO asserts that it will be several
years before interoperability standards are developed by the NCC and
approved by the Commission, and that it will be impossible to
manufacture narrowband public safety radios that comply with Section
90.547 until then. DATARADIO argues that the deployment of the general
use channels will thus be delayed by the lengthy consideration of
technical standards for the interoperability channels. It contends that
waiver of Section 90.547 will, in the interim, permit it and others to
market non-interoperable state-of-the-art data-only radios that employ
only general use channels, and that this will allow many public safety
users to meet critical and immediate spectrum shortages pending
development of interoperability standards.

Interested parties may file comments on the Request on or before March
10, 2000. Parties interested in submitting reply comments must do so on
or before March 27, 2000. All comments should reference the subject
Request, including the 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., TW-A325, Washington, D.C. 20554. A
copy of each filing should be sent to International Transcription
Services, Inc. (ITS), 1231 20^th^ Street, N.W., Washington, D.C. 20036,
(202) 857-3800, and to Bert Weintraub, Federal Communications
Commission, Wireless Telecommunications Bureau, Public Safety and
Private Wireless Division, Policy and Rules Branch, 445 12^th^ Street,
S.W., Room 3-A230, Washington, D.C. 20554.

The full text of the Request, comments, and reply comments will be
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 regarding the public reference file for this
Request, 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 this proceeding on land mobile and public safety licensees 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 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 Bert Weintraub of the Policy and Rules
Branch of the Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau at (202) 418-0680, TTY (202)
418-7233.

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

\- FCC -