## DA 00-1913

### Released: August 21, 2000

## 

## WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY THE STATE OF FLORIDA TO ALLOW USE OF GENERAL CATEGORY OFFSET CHANNELS

#### Comment Date: September 5, 2000 Reply Comment Date: September 15, 2000

On August 8, 2000, the State of Florida (Florida) submitted a request
for waiver of Sections 90.613 and 90.645 of the Commission's Rules, 47
C.F.R. §§ 90.613, 90.645, to enable it to become licensed on the
nineteen offset frequencies within the twenty contiguous 800 MHz General
Category channels for which it already is licensed. Section 90.613 of
the Commission's Rules indicates the channel designations of frequencies
available for assignment to eligible applicants. Section 90.645 of the
Commission's Rules provides that an applicant or licensee is limited to
5 contiguous 800 MHz band channels for a system requiring more than the
normal single channel bandwidth.

By way of background, Florida is licensed on 800 MHz General Category
channels 114-133. The specific channel centers for the twenty base
station frequencies currently licensed to Florida are 808.8375,
808.8625, 808.8875, 808.9125, 808.9375, 808.9625, 808.9875, 809.0125,
809.0375, 809.0625, 809.0875, 809.1125, 809.1375, 809.1625, 809.1875,
809.2125, 809.2375, 809.2625, 809.2875 and 809.3125 MHz. In 1997, the
Wireless Telecommunications Bureau (Bureau) granted Florida a waiver of
the General Category freeze to permit Florida to file applications for
new or modified stations, in order to facilitate the construction of
Florida's statewide 800 MHz public safety system. *See* State of
Florida, *Order*, 12 FCC Rcd 11567 (WTB 1997). However, the Bureau
denied Florida's request that the channels not be subject to competitive
bidding. In that connection, we note that the 800 MHz General Category
auction commenced August 16, 2000. *See* Due Diligence Announcement for
the Upcoming 800 MHz Spectrum Auctions, *Public Notice*, DA 00-1829
(rel. August 11, 2000). The spectrum included in the 800 MHz General
Category auction will be licensed by channel block under a geographic
area licensing approach with service areas based on Economic Areas;
channel block F is channels 101-125 and block FF is channels 126-150.

Florida argues that a waiver is warranted because application of the
rule to its unique or unusual factual circumstances would yield a result
contrary to the public interest. Florida contends that the nineteen
offset frequencies it seeks to use will ensure the best possible
coverage performance, maximum efficiency and greater communications
capacity. Florida asserts that the unique channel configuration of its
wide-area footprint and channel design overlaps in such a way that
nearly the entire state is covered by the composite footprint of the
stations and thus another user could not gain access to the requested
offset frequencies.

Interested parties may file comments on Florida's Waiver Request on or
before September 5, 2000. Parties interested in submitting reply
comments must do so on or before September 15, 2000. All comments should
reference Florida's Waiver Request, including the DA number of this
*Public Notice*, and should be filed with the Office of the Secretary,
Federal Communications Commission, 445 12^th^ Street, S.W., TW-A325,
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 to Karen Franklin,
Federal Communications Commission, Wireless Telecommunications Bureau,
Public Safety and Private Wireless Division, Policy and Rules Branch,
445 12^th^ Street, S.W., 4-A405, Washington, D.C. 20554.

The full text of the Waiver Request, comments and reply comments will be
available for inspection and duplications during regular business hours
in the Reference Information Center (RIC) of the Consumer Information
Bureau, Federal Communications Commission, 445 12^th^ Street, S.W.,
CY-A257, Washington, D.C. 20554. Copies may also be obtained from ITS.
For further information regarding the public reference file for this
Request, 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 poltential
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* 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).

For further information, contact Karen Franklin of the Policy and Rules
Branch of the Public Safety and Private Wireless Division of the
Wireless Telecommunications Bureau at (202) 418-0680, TTY (202)
418-7233.

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

-FCC-