PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6611111111111111in"}

FEDERAL COMMUNICATIONS COMMISSION

1919 M STREET, N.W.

WASHINGTON, D.C. 20554

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

**DA 04-3262**

**Released: October 15, 2004**

**OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES GEOPHYSICAL SURVEY
SYSTEMS, INC. REQUEST FOR A WAIVER OF PART 15 TO BE A**

**\"PERMIT-BUT-DISCLOSE\" PROCEEDING FOR *EX PARTE* PURPOSES**

**ET Docket No. 04-374**

**Comments Due: November 5, 2004**

**Reply Comments Due: November 22, 2004**

On October 13, 2004, Geophysical Survey Systems, Inc. ("GSSI") filed a
request for a waiver of Part 15 of the Commission's rules to permit the
higher power operation of ultra-wideband ("UWB") non-contact ground
penetrating radars ("GPRs"). Such GPRs are pulled behind vehicles and
are used to test broad or lengthy surfaces such as highways, railroad
beds and runways to detect flaws in those structures.

GSSI states that a waiver of the regulations is necessary to permit its
GPRs to be pulled at highway speeds. GSSI indicates that these GPRs must
operate at center frequencies of 1 GHz and 2 GHz at the levels specified
in Section 15.209 of the Commission's rules. GSSI agrees to limit
production and sale within the U.S. of such GPRs to no greater than 100
units per year. It also agrees that the GPRs should be registered with
the Commission, pursuant to Section 15.525, and that the GPRs should not
be operated within 500 meters of a major airport without advance
coordination.

The FCC's Office of Engineering and Technology (OET) is reviewing the
waiver request. OET has concluded that in order to develop a complete
record on the complex issues presented by this request, this proceeding
will be treated, for *ex parte* purposes, as a \"permit-but-disclose\"
proceeding, in accordance with Section 1.1200(a) of the Commission\'s
rules, and is subject to the requirements under Section 1.1206(b) of the
rules.

On July 6, 2004, Wavebounce filed an almost identical request for a
waiver of Part 15 of the Commission's rules. Comments to the Wavebounce
request are being sought under ET Docket No. 04‑374. Because of the
similarities between these two petitions, we are incorporating the GSSI
petition under the same docket number. We also are extending the comment
periods for 14 days so that comments directed towards the GSSI waiver
request may be obtained.

Pursuant to Sections 1.415 and 1.419 of the Commission\'s rules, 47
C.F.R. §§ 1.415, 1.419, interested parties may file comments on or
before **November 5, 2004**, and reply comments on or before **November
22, 2004.** Comments may be filed using the Commission\'s Electronic
Comment Filing System (ECFS) or by filing paper copies.
[See]{.underline} [Electronic Filing of Documents in Rulemaking
Proceedings]{.underline}, 63 Fed. Reg. 24121 (1998).

Comments filed through the ECFS can be sent as an electronic file via
the Internet to

http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an
electronic submission must be filed. In completing the transmittal
screen, commenters should include their full name, U.S. Postal Service
mailing address, and the applicable docket **\[ET Docket No. 04-374\]**
. Parties may also submit an electronic comment by Internet e-mail. To
get filing instructions for e-mail comments, commenters should send an
e-mail to ecfs@fcc.gov, and should include the following words in the
body of the message, \"get form \<your e-mail address.\" A sample form
and directions will be sent in reply. Parties who choose to file by
paper must file an original and four copies of each filing.

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). The Commission\'s contractor, Natek, Inc., will receive
hand-delivered or messenger-delivered paper filings for the
Commission\'s Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
Washington, D.C. 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 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 mail, Express
Mail, and Priority Mail should be addressed to 445 12th Street, SW,
Washington, D.C. 20554.

All filings must be addressed to the Commission\'s Secretary, Office of
the Secretary, Federal Communications Commission.

The full text of the waiver request is available for inspection and
copying during normal business hours in Room CY-A257, 445 12^th^ Street,
SW, Washington, D.C., and may also be purchased from the Commission\'s
duplication contractor, Best Copy and Printing, Inc., (800) 378-3160.

By the Chief, Office of Engineering and Technology

Office of Engineering and Technology contact: John A. Reed at (202)
418-2455.