DA No. 05-1650

June 17, 2005

**Wireless Telecommunications Bureau Seeks Comment**

**on Verizon Wireless Petition for Waiver of**

**Part 64 Priority Access Service Rule**

**WT Docket No. 05-212**

**Comment Date: June 24, 2005**

In 2000, the Commission authorized Commercial Mobile Radio Service
(CMRS) providers to offer priority access service (PAS) in accordance
with the policies and procedures (uniform protocols) set forth in
Appendix B to Part 64 of the Commission's Rules.[^1] These uniform
protocols require CMRS providers that elect to offer PAS to make
available five priority levels[^2] for National Security and Emergency
Preparedness (NSEP) users.[^3] However, in a request for waiver of these
protocols, Verizon Wireless asserts that the network equipment and
software currently used with Code Division Multiple Access (CDMA)
wireless systems are not currently capable of delivering PAS[^4] with
the five priorities required under the Commission's rules.[^5]

In the *PAS R&O*, the Commission concluded that the National
Communications System (NCS)[^6] would have responsibility for the
day-to-day administration of PAS, with oversight responsibilities
residing with the Commission.[^7] Verizon Wireless states that it has
been working with the NCS to provide a PAS capability that will meet the
Department of Homeland Security's needs for providing priority access to
NSEP users.[^8] In order to provide PAS capability promptly, Verizon
Wireless on May 13, 2005, requested a waiver of Section 64.402 of the
Commission\'s Rules[^9] to allow it to develop CDMA PAS capability in
two phases: It proposes that the first phase PAS implementation would
have a single priority level for all NSEP users,[^10] and that the
second phase would provide the required five PAS priority levels.[^11]
Verizon Wireless believes it can deploy the second phase by early
2007.[^12] Both the NCS and the Department of Defense (DoD) have filed
statements in support of the Verizon Wireless waiver request.[^13]

Section 1.925 of the Commission\'s Rules[^14] provides that a waiver of
the Commission\'s Rules may be granted if it is shown that the
underlying purpose of the rule(s) would not be served or would be
frustrated by application to the instant case, and that a grant of the
requested waiver would be in the public interest; or in view of the
unique or unusual circumstances of the instant case, application of the
rule(s) would be inequitable, unduly burdensome or contrary to the
public interest or in the applicant has no reasonable alternative.

Requests for waiver of the Commission\'s Rules are subject, unless
otherwise provided, to treatment by the Commission as restricted
proceedings for *ex parte* purposes under Section 1.1208 of the
Commission\'s Rules.[^15] However, because Verizon Wireless' request
implicates important public safety and Homeland Security considerations,
we believe it would be in the public interest to treat the waiver
request as a permit-but-disclose proceeding as allowed by the
Commission's *ex parte* rules.[^16] Therefore, *ex parte* presentations
that are made with respect to the issues involved in the subject waiver
request will be permissible but must be disclosed in accordance with the
requirements of Section 1.1206(b) of the Commission\'s Rules.[^17]

Interested parties may file comments on the waiver request on or before
June 24, 2005. Verizon Wireless may submit a reply comment on or before
June 31, 2005. Comments may be filed using: (1) the Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies.[^18]

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the
    Federal eRulemaking Portal: http://www.regulations.gov. Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For 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 name, U.S. Postal
        Service mailing address, and the applicable docket or rulemaking
        number. 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.

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-   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.

The full text of the waiver request, comments and all *ex parte*
presentations will be available for inspection and duplication during
regular business hours in the FCC Reference Information Center of the
Consumer and Governmental Affairs Bureau, Federal Communications
Commission, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554.
Copies also may be purchased from the Commission\'s duplicating
contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th
Street, S.W., Room CY-B402, Washington, D.C. 20554. Customers may
contact BCPI through its web site, http://www.bcpiweb.com, by email at
fcc@bcpiweb.com, by phone at (202) 488-5300 or (800) 378-3160, or by
facsimile at (202) 488-5563. For further information regarding the
public reference file for this waiver petition, contact Federal
Communications Commission, Consumer and Governmental Affairs Bureau,
Reference Information Center (202) 418-1355. Additionally, a copy of the
Verizon Wireless waiver request, NCS statement and DoD statement can be
found on the Wireless Telecommunications Bureau web page at
http://wireless.fcc.gov/ in the Wireless Headlines section under the
heading "6/17/2005 PUBLIC NOTICE (DA 05-1650)."

People with Disabilities: Contact the FCC to request materials in
accessible formats (braille, large print, electronic files, audio
format, etc.) by e-mail at FCC504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0531 (voice), 202-418-7365 (TTY).

For further information, contact Ramona Melson, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau at
(202) 418-0680.

By the Acting Chief, Wireless Telecommunications Bureau.

\- FCC -

IMPACT (Verizon Wireless PAS PN 15621v1)

R. Melson

[^1]: Development of the Operational Technical and Spectrum Requirements
    for Meeting Federal, State and Local Public Safety Agency
    Communication Requirements Through the Year 2010, *Second Report and
    Order*, WT Docket 96-86, 15 FCC Rcd 16720 (*PAS R&O*).

[^2]: *Id*. at 16722 ¶ 4; 47 C.F.R. § 64.402 Appendix B. The five PAS
    priority levels in order of priority are 1) Executive Leadership and
    Policy Makers; 2) Disaster Response/Military Command and Control; 3)
    Public Health, Safety and Law Enforcement Command; 4) Public
    Services/Utilities and Public Welfare; and 5) Disaster Recovery. 47
    C.F.R. § 64.402 Appendix B, Section 5.

[^3]: NSEP users are key personnel and those individuals in national
    security and emergency response leadership positions. 47 C.F.R. §
    64.402 Appendix B, Section 5. PAS is not intended for use by all
    emergency service personnel. *Id*.

[^4]: In its waiver request, Verizon Wireless asserts that PAS is now
    commonly referred to as wireless priority service (WPS). Petition
    for Waiver of Section 64.402 of the Commission's Rules filed by
    Verizon Wireless on May 13, 2005 at 1 (Waiver Request). Herein, we
    retain the terminology "priority access service" (PAS), but with the
    understanding that PAS and WPS, as used by Verizon Wireless are
    equivalent terms.

[^5]: *Id*. at 2.

[^6]: The NCS is an interagency organization that combines the
    communications assets of twenty-three Federal departments and
    agencies to address NS/EP telecommunications related issues.
    Statement in Support of Petition for Waiver filed by U.S. Department
    of Homeland Security on June 13, 2005 (NCS Statement of Support).
    NCS provides guidance and assistance to the President, the National
    Security Council, the Homeland Security Council, the Director of the
    Office of Science and Technology Policy, and the Director of the
    Office of Management and Budget concerning the coordination of,
    planning for, and provision of NS/EP telecommunications for the
    Federal government under all circumstances, including crisis or
    emergency, attack, recovery, and reconstitution. *Id*. at 1-2.

[^7]: *PAS R&O*, 15 FCC Rcd 16722 ¶ 4.

[^8]: *See* Waiver Request at 2. Verizon Wireless further asserts that
    NCS, Computer Science Corporation (NCS's service integrator),
    Verizon Wireless and equipment vendors have agreed that CDMA PAS
    deployment should occur in two phases. *Id*.; *see also* NCS
    Statement of Support at 6 (permitting the two-phased deployment
    would substantially accelerate the availability of PAS for key
    emergency responders in heavily-populated northeastern portion of
    the United States).

[^9]: 47 C.F.R. § 64.402.

[^10]: *See* Waiver at 2-3.

[^11]: *See id*. at 3.

[^12]: *See id*.

[^13]: NCS Statement of Support; Statement in Support of Petition for
    Waiver filed by U.S. Department of Defense on June 13, 2005 (DoD
    Statement of Support). The DoD was the Executive Agent for the NCS
    before the creation of the DHS and adoption of Executive Order No.
    13286 of February 26, 2003, § 46(b), 68 Fed. Reg. 10619, 10627
    (designated the Secretary of Homeland Security as Executive Agent of
    the NCS. NCS Statement of Support at n.1. *See also* Executive Order
    No. 12472 of April 3, 1984, *Assignment of National Security and
    Emergency Preparedness Telecommunications Functions*, 49 Fed. Reg.
    13471 (1984).

[^14]: *See* 47 C.F.R. § 1.925.

[^15]: *See* 47 C.F.R. § 1.1208.

[^16]: *See* 47 C.F.R. §§ 1.1200(a), 1.1206. We note that Verizon
    Wireless requested treatment of this proceeding as
    Permit-but-Disclose. *See* Waiver Request at 8.

[^17]: *See* 47 C.F.R. § 1.1206(b).

[^18]: *See Electronic Filing of Documents in Rulemaking Proceedings*,
    63 Fed. Reg. 24121 (1998).