PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

445 Twelfth Street, S.W.

WASHINGTON, D.C. 20554 **DA 00-2167**

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

**Released: September 25, 2000**

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUESTS FOR WAIVER
BY STATE OF OHIO TO OBTAIN LICENSES FOR TWELVE 800 MHz GENERAL CATEGORY
CHANNELS

## Comment Date: October 10, 2000 Reply Date: October 17, 2000

Between February 25, 2000 and June 9, 2000,[^1] the State of Ohio (Ohio)
filed applications for twelve 800 MHz General Category channels.[^2]
Between March 13, 2000 and June 16, 2000, the Association of Public
Safety Communications Officials International, Inc. (APCO) filed twelve
corresponding requests for waiver of the 800 MHz General Category freeze
on behalf of Ohio.[^3] On July 14, 2000, Ohio filed a supplemental
request for waiver of Sections 90.615, 90.617(d) and 90.681 of the
Commission's Rules, 47 C.F.R. §§ 90.615, 90.617(d), 90.681. Ohio states
that these frequencies are essential for its \$272 million state-wide
interoperable public safety communications project, the Multi-Agency
Radio Communications System (MARCS).

By way of background, on October 5, 1995, the Wireless
Telecommunications Bureau suspended the filing of new applications,
including applications for modifications that change an existing
station's service area, for 800 MHz General Category channels. *See*
Licensing of General Category Frequencies in the 806-809.750/851-854.750
MHz Bands, *Order*, 10 FCC Rcd 13190 (WTB 1995). Subsequently, the
Commission determined that the 800 MHz General Category should be
licensed by geographic area, and the licenses assigned by competitive
bidding. *See* Amendment of Part 90 of the Commission's Rules to
Facilitate Future Development of SMR Systems in the 800 MHz Frequency
Band, *First Report and Order, Eighth Report and Order, and Second
Further Notice of Proposed Rule Making*, PR Docket No. 93-144, 11 FCC
Rcd 1463, 1588 ¶¶ 289-297 (1995). After Ohio submitted its applications
and waiver requests, the Commission conducted an auction for the 800 MHz
General Category. *See* Due Diligence Announcement for the Upcoming 800
MHz Spectrum Auctions, *Public Notice*, DA 00-1829 (rel. Aug. 11, 2000).
The auction commenced August 16, 2000 and closed September 1, 2000.
*See* 800 MHz Specialized Mobile Radio (SMR) Service General Category
(851-854 MHz) and Upper Band (861-865 MHz) Auction Closes, *Public
Notice*, DA 00-2037 (rel. Sept. 6, 2000).

Ohio requests waiver of Sections 90.615, 90.617(d) and 90.681 of the
Commission's Rules, and any other rules that are necessary to grant its
applications, pursuant to Section 337(c) of the Communications Act, as
amended, 47 U.S.C. § 337(c). Section 337(c) states that the Commission
shall grant an application by an entity seeking to provide public safety
services to the extent necessary to permit the use of unassigned
frequencies, if the Commission makes five specific findings: (1) no
other spectrum allocated for public safety use is immediately available;
(2) there will be no harmful interference to other spectrum users
entitled to protection; (3) public safety use of the frequencies is
consistent with other public safety spectrum allocations in the
geographic area in question; (4) the unassigned frequencies were
allocated for their present use not less than two years prior to the
grant of the application at issue; and (5) the grant of the application
is consistent with the public interest. Ohio argues that that it has
satisfied all of the statutory requirements. First, Ohio states that
APCO and a separate engineering analysis confirm that no other spectrum
allocated to public safety services is immediately available to satisfy
the requested public safety service use, and that the requested use will
not cause harmful interference. Ohio further states that the 800 MHz
General Category is already used by many public safety licensees in Ohio
and elsewhere in the nation. In addition, Ohio states that the General
Category was allocated for current use nearly thirty years ago. Finally,
Ohio states that grant of the waiver is in the pubic interest because
the frequencies at issue will be used to protect the safety of life,
health and property for the 11.2 million citizens of Ohio.

Interested parties may file comments on the waiver requests on or before
October 10, 2000. Parties interested in submitting reply comments must
do so on or before October 17, 2000. All comments should reference the
subject Waiver Requests including the 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-325, 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 Pam Slipakoff, Federal
Communications Commission, Wireless Telecommunications Bureau, Public
Safety and Private Wireless Division, Policy and Rules Branch, 445
Twelfth Street, S.W., Room 4-C421, Washington, D.C. 20554.

The full text of the Waiver Requests, 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 (CIB), Federal Communications Commission, 445 Twelfth
Street, S.W., Room CY-A257. Copies may also be obtained from ITS. For
further information regarding the public reference file for these waiver
requests 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 persons not parties to the waiver requests, 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 requests 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 Pam Slipakoff of the Policy and Rules
Branch of the Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau at (202) 418-7705 or via email to
pslipako@fcc.gov.

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

\- FCC -

[^1]: File Nos. A501346 and A051347 were filed on February 25, 2000.
    File Nos. A051773, A051775, and A051776 were filed on March 3, 2000.
    File Nos. A052254 and A052257 were filed on March 13, 2000. File No.
    A053871 was filed on April 13, 2000. File Nos. A054249, A054250 and
    A054251 were filed on April 24, 2000. File No A056224 was filed on
    June 9, 2000.

[^2]: 852/807.2875, 852/807.7625, 854/809.2875, 851/806.1125,
    853/808.0125, 854/809.2875, 851/806.0625, 851/806.1125,
    852/807.0375, 851/806.7625, 851/806.1375, and 853/808.4125 MHz.

[^3]: Waiver requests for File Nos. A051346 and A051347 were filed on
    March 13, 2000. Waiver requests for File Nos. A051773, A051775,
    A051776, A052254 and A052257 were filed on March 20, 2000. A waiver
    request for File No. A053871 was filed on April 17, 2000. Waiver
    requests for File Nos. A054249, A054250, and A054251 were filed on
    May 1, 2000. A waiver request for File No. A056224 was filed on June
    16, 2000.