DA 00-1405

Released: June 23, 2000

### **WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT**

### **ON WESTERN RESOURCES, INC. REQUEST FOR WAIVER TO PERMIT SHARING**

OF ITS 900 MHZ INDUSTRIAL AND LAND TRANSPORTATION TRUNKED RADIO SYSTEM
WITH PUBLIC SAFETY USERS

#### 

Comment Date: July 24, 2000 Reply Comment Date: August 8, 2000

On February 15, 2000, Western Resources, Inc. (Western) filed a Request
for Waiver of Section 90.179(a) of the Commission's Rules, 47 C.F.R. §
90.179(a), to permit it to share its 900 MHz Industrial/Land
Transportation (IL/T) trunked radio system on a non-profit, cost-shared
basis with entities eligible for frequencies in the Public Safety Radio
Pool. Attached to the Request for Waiver is a letter from EagleMed,
Inc., a medivac service based in Wichita, Kansas, expressing an interest
in sharing part of Western's established system. Western requests either
a ruling that EagleMed is a motor carrier as defined in Section 90.7 of
the Commission's Rules, 47 C.F.R. § 90.7, or a waiver of Section
90.179(a). A waiver would be necessary if EagleMed is not eligible for
I/LT frequencies, because, pursuant to Section 90.179(a), persons may
share a radio system only if they would be eligible for a separate
authorization for the frequencies to be shared.

In the event that a waiver is necessary, Western requests a blanket
waiver to allow it to share its reserve system capacity with any other
public safety entities. While the public safety providers would
communicate using IL/T frequencies, they would not share any of their
licensed spectrum with Western. Western asserts that the proposed
cost-sharing agreements that it would execute with the public safety
providers would result in significant efficiencies without raising
concerns about depletion of Public Safety spectrum.

Interested parties may file comments on Western's Request for Waiver on
or before July 24, 2000. Parties interested in submitting reply comments
must do so on or before August 8, 2000. All comments and reply comments
should reference Western's Request for Waiver with the designated DA
number of this *Public Notice*, and should be filed with the Office of
the Secretary, Federal Communications Commission, 445 Twelfth Street, S.
W., TW-A325, Washington, D. C. 20554. A copy of each filing should be
sent to International Transcription Services, Inc. (ITS), 1231 20th
Street, N. W., Washington, D. C. 20036, (202) 857-3800, and to Maurice
J. DePont, Policy and Rules Branch, Public Safety and Private Wireless
Division, Wireless Telecommunications Bureau, 445 Twelfth Street, S. W.,
Room 4-C401, Washington, D. C. 20554.

The full text of the Request for Waiver, 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 Twelfth
Street, S. W., Room CY-A257, Washington, D. C. 20554. Copies also may be
obtained from ITS. For further information concerning the public
reference file for this Request for Waiver, 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 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 for Waiver
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 Maurice J. DePont of the Policy and
Rules Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau at (202) 418-0680, TTY (202) 418-7233, or via
e-mail to mdepont@fcc.gov.

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

-FCC-