**DA 07-1079**

**Released: March 7, 2007**

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU SEEKS COMMENT ON REQUEST FOR
WAIVER FILED BY THE CITY OF BOSTON, MASSACHUSETTS TO OPERATE A PUBLIC
SAFETY RADIO SYSTEM UTILIZING UHF PART 22 PAGING CONTROL FREQUENCIES

FCC File Nos. 0002859368 *et al*.

**Comment Date: April 9, 2007**

**Reply Comment Date: April 24, 2007**

The Public Safety and Homeland Security Bureau seeks comment on the
above-captioned eighteen applications[^1] and associated waiver request
filed on December 22, 2006, by the City of Boston, Massachusetts
(Boston), on behalf of the Metro-Boston Homeland Security Region
(MBHSR).[^2] Boston seeks waiver relief, pursuant to Section 337(c) of
the Communications Act of 1934, as amended (the Act), 47 U.S.C. §
337(c), and Section 1.925 of the Commission's rules, 47 C.F.R. § 1.925,
to use seventy-two unassigned 47 C.F.R. Part 22 paging control
frequencies in the 470-512 MHz band for public safety communications.
Boston contends that its proposed use of the subject frequencies is
necessary due to the lack of available public safety frequencies in the
Boston metropolitan area. Boston also asserts that use of the requested
frequencies would promote interoperable communications within the
region.

Boston states that it and the other MBHSR jurisdictions have undertaken
several initiatives to strengthen region-wide response and emergency
preparedness capabilities. As Boston explains, it is taking these
initiatives in order to leverage all state, local and regional resources
to ensure that the necessary personnel and equipment most expeditiously
can respond to emergencies. Boston adds that these efforts are an
element of the Urban Area Security Initiative (UASI).[^3] Boston
contends that its planned use of the Part 22 paging channels is integral
to these efforts, as it will enable a region-wide, interoperable network
that would integrate the VHF, UHF, and 800 MHz bands, increase the
communications capacity of several area agencies, and broaden the number
of agencies able to participate in interoperable communications.

In support of its request, Boston argues that it meets the requirements
of Section 337(c) of the Act, as well as Section 1.925 of the
Commission's rules, and seeks waiver of Sections 22.7, 22.501, 22.621,
22.651, and 90.311 of the Commission's rules, 47 C.F.R. §§ 22.7, 22.501,
22.621, 22.651, and 90.311.

Interested parties may file comments on the above-listed eighteen
applications and waiver request on or before April 9, 2007. Parties
interested in submitting reply comments must do so on or before April
24, 2007. All comments and reply comments should reference the subject
waiver request, including the DA number of this *Public Notice*. 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 mail, Express, and Priority mail
    must be sent to 445 12th Street, S.W., TW-A325, Washington, D.C.
    20554.

The applications and waiver request can be accessed electronically via
the Commission's Universal Licensing System,
<http://wireless.fcc.gov/uls>. The full text of the waiver request,
comments, and reply comments will be available for inspection and
duplication during regular business hours in the FCC Reference
Information Center (RIC) of the Consumer and Governmental Affairs
Bureau, Federal Communications Commission, 445 12th Street, S.W., Room
CY-A257, Washington, D.C. 20554. Copies 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](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 request, contact Maria Ringold,
Chief, Wireless Branch, RIC, (202) 418-1355.

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 Sections
1.1200(a), 1.1206 of the Commission's rules, 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).

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]{.underline}](mailto:fcc504@fcc.gov) or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice),
202-418-0432 (tty).

For further information, contact Mr. Thomas Eng of the Policy Division,
Public Safety and Homeland Security Bureau at (202) 418-0019, TTY (202)
418-7233, or via e-mail to Thomas.Eng@fcc.gov.

By the Deputy Chief, Public Safety and Homeland Security Bureau.

\- FCC -

[^1]: *See* FCC File Nos. 0002859368, 0002859394, 0002859398,
    0002859566, 0002859631, 0002859634, 0002859674, 0002859678,
    0002859681, 0002859693, 002859696, 0002859703, 0002859707,
    0002859713, 0002859716, 0002859739, 0002859744 and 0002859754.

[^2]: The MBHSR consists of the following nine local jurisdictions:
    Boston, Brookline, Cambridge, Chelsea, Everett, Quincy, Revere,
    Somerville, and Winthrop.

[^3]: The UASI grant program addresses the unique planning, equipment,
    training, and exercise needs of high threat, high density urban
    areas, and assists these areas in building an enhanced and
    sustainable capacity to prevent, protect against, respond to, and
    recover from acts of terrorism. *See*
    <http://www.dhs.gov/xgovt/grants/index.shtm>.