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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  04-  1921 
 June  29,  2004 

 WIRELESS  TELECOMMUNICATIONS  BUREAU  SEEKS  COMMENT  ON  AMENDMENTS  BY  THE  CITY  OF  BAYONNE,  NEW  JERSEY,  AND  THE  COUNTY  OF  SOMERSET,  NEW 
 JERSEY  TO  PROPOSAL  SUBMITTED  BY  SEVEN  PUBLIC  SAFETY  AGENCIES 
 Comment  Date:  July  7,  2004  Reply  Date:  July  14,  2004 
 By  this  Public  Notice,  the  Wireless  Telecommunications  Bureau  (Bureau)  seeks  comment  on  amendments  by  the  City  of  Bayonne,  New  Jersey  (Bayonne)  and  the  County  of  Somerset,  New  Jersey 
 (Somerset)  to  proposal  by  seven  public  safety  agencies  in  the  New  York/  New  Jersey  area  to  operate  their  radio  communications  systems  on  unassigned  paging  channels.  1  Specifically,  Somerset  amends  the 
 proposal  to  add  a  request  for  it  to  use  frequency  473.2250  MHz,  and  delete  its  request  for  frequency  479.2000  MHz;  Bayonne  amends  the  proposal  to  add  a  request  for  it  to  use  frequencies  476.2000  and 
 479.2000  MHz,  and  delete  its  request  for  frequency  473.0875  MHz. 
 By  way  of  background,  on  April  14,  2004,  Bayonne,  Somerset,  the  County  of  Bergen,  New  Jersey,  the  Borough  of  Fort  Lee,  New  Jersey,  the  Jersey  City,  New  Jersey  Police  Department,  the 
 Melville,  New  York  Fire  District,  and  the  Syosset,  New  York  Fire  District  (collectively  the  public  safety  agencies)  jointly  filed  a  proposal  to  augment  the  pending  individual  applications  of  each  agency  to  use 
 frequencies  allocated  in  Part  22  as  paging  control  and  trunked  mobile  channels  to  support  the  communications  requirements  of  the  public  safety  officers  of  each  agency.  The  proposal  encompasses  the 
 use  of  unassigned  Part  22  channels,  the  deletion  of  channels  currently  licensed  to  several  of  the  public  safety  agencies  so  that  the  channel  may  be  assigned  to  another  agency,  and  the  deletion  of  pending 
 requests  so  that  a  channel  may  be  licensed  to  another  agency.  The  public  safety  agencies  assert  that  the  proposal  was  submitted  for  the  purposes  of  assisting  public  safety  communications  and  presenting  a 
 resolution  to  the  Commission  of  all  the  pending  applications  in  a  manner  that  promoted  efficient  and  effective  spectrum  utilization  and  management.  In  their  joint  proposal  of  April  14,  2004,  Bayonne, 
 Somerset,  and  the  other  public  safety  agencies  reiterated  their  individual  requests  for  a  waiver  of  Section  22.621  of  the  Commissions  Rules,  47  C.  F.  R.    22.621,  and  any  other  Commission  rules  that  are 
 necessary  to  grant  the  subject  applications,  pursuant  to  Section  337(  c)  of  the  Communications  Act,  as 

 1  The  Bureau  sought  comment  on  the  proposal  in  a  public  notice  released  May  28,  2004.  See  Wireless 
 Telecommunications  Bureau  Seeks  Comment  on  Request  for  Waiver  by  the  City  of  Bayonne,  New  Jersey,  the  County  of  Bergen,  New  Jersey,  the  Borough  of  Fort  Lee,  New  Jersey,  the  Jersey  City,  New  Jersey  Police 

 Department,  the  Melville,  New  York  Fire  District,  the  County  of  Somerset,  New  Jersey  and  the  Syosset,  New  York  Fire  District,  Public  Notice,  DA  04-  1593  (WTB  PSCID  rel.  May  28,  2004).  Comments  were  due  June  7,  2004,  and 
 reply  comments  were  due  June  14,  2004.  The  instant  Public  Notice  seeks  comment  only  on  the  amendments  to  the  proposal  by  Bayonne  and  Somerset. 
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 amended,  47  U.  S.  C.    337(  c),  or,  in  the  alternative,  Section  1.925  of  the  Commissions  Rules,  47  C.  F.  R.    1.925. 
 The  Bureau  now  has  before  it  Bayonne  2  and  Somersets  3  requests  for  frequency  exchanges  and  for  new,  unassigned  frequencies  that  were  not  previously  pending  under  other  applications  among  the 
 seven  public  safety  agencies.  On  June  16,  2004,  Somerset  amended  its  applications,  FCC  File  Nos.  0001196273  and  0001196472,  to  delete  frequency  479.2000  MHz,  and  to  add  unassigned  frequency 
 473.2250  MHz.  Also  on  June  16,  2004,  Bayonne  amended  its  applications,  FCC  File  Nos.  0000941858  and  0001523313,  to  add  unassigned  frequency  476.2000  MHz,  and  to  delete  frequency  473.0875  MHz; 
 Bayonne  also  amended  the  joint  proposal  to  reassert  its  request  in  application  FCC  File  No.  0000941858  for  frequency  479.2000  MHz,  which  it  had  agreed  pursuant  to  the  waiver  request  to  withdraw  to  permit 
 Somerset  to  request  the  frequency. 
 Interested  parties  may  file  comments  on  the  Bayonne  and  Somerset  amendments  to  the  proposal  by  the  seven  public  safety  agencies  on  or  before  July  7,  2004.  Parties  interested  in  submitting  reply 
 comments  must  do  so  on  or  before  July  14,  2004.  All  comments  should  reference  the  subject  waiver  requests  and  the  DA  number  of  the  Public  Notice  that  sought  comment  on  the  proposal  by  seven  public 
 safety  agencies,  DA  04-  1593,  and  should  be  filed  with  the  Office  of  the  Secretary,  Federal  Communications  Commission,  445  12th  Street,  S.  W.,  TW-  A325,  Washington,  D.  C.  20054.  A  copy  of 
 each  filing  should  be  sent  to  (1)  Best  Copy  and  Printing,  Inc.,  Portals  II,  445  12th  Street,  SW,  Room  CY-B402,  Washington,  D.  C.  20554;  (2)  Maria  Ringold,  Federal  Communications  Commission,  Consumer 
 and  Governmental  Affairs  Bureau,  Reference  Information  Center,  445  Twelfth  Street,  S.  W.,  Room  CY-B529,  Washington,  D.  C.  20554;  and  (3)  Mr.  Tom  Eng,  Federal  Communications  Commission,  Wireless 
 Telecommunications  Bureau,  Public  Safety  and  Critical  Infrastructure  Division,  445  12th  Street,  S.  W.,  Washington,  D.  C.  20554. 

 The  address  for  FCC  locations  should  be  used  only  for  documents  filed  by  United  States  Postal  Service  first-  class  mail,  Express  Mail,  and  Priority  Mail.  Hand-  delivered  or  messenger-  delivered 
 documents  for  the  Commission's  Secretary  are  accepted  only  by  the  Commissions  contractor,  Natek,  Inc.,  at  236  Massachusetts  Avenue,  N.  E.,  Suite  110,  Washington,  D.  C.  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  entering  236  Massachusetts  Avenue,  N.  E.  Other 
 messenger-  delivered  documents,  including  documents  sent  by  overnight  mail  (other  than  United  States  Postal  Service  Express  Mail  and  Priority  Mail)  should  be  addressed  for  delivery  to  9300  East  Hampton 
 Drive,  Capitol  Heights,  MD  20743.  All  filings  must  be  addressed  to  the  Commissions  Secretary,  Office  of  the  Secretary,  Federal  Communications  Commission.  See  FCC  Announces  a  New  Filing  Location  for 
 Paper  Documents  and  a  New  Fax  Number  for  General  Correspondence,  Public  Notice,  16  FCC  Rcd  22165  (2001). 

 Each  of  the  applications  and  waiver  requests  can  be  accessed  electronically  via  the  Commissions  Universal  Licensing  System,  http://  wireless.  fcc.  gov/  uls.  The  full  text  of  the  proposal,  comments  and 

 2  Under  the  amended  proposal,  Bayonne  seeks  authorization  on  the  following  frequency  pairs:  470/  473.0375, 
 470/  473.  1750,  470/  473.  2875,  476/  479.  1250,  476/  479.  1750,  476/  479.  2000,  and  476/  479.  2500  MHz. 
 3  Under  the  amended  proposal,  Somerset  seeks  authorization  on  the  following  individual  frequencies:  470.1375, 
 473.  0250,  473.  2000,  473.2250,  479.1125,  479.2375,  and  479.2875  MHz.  In  addition,  Somerset  seeks  authorization  on  the  following  frequency  pairs:  476/  479.0125  and  476/  479.0625  MHz. 
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 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  also  may  be  purchased  from  the  Commissions  duplicating  contractor,  Best  Copy  and  Printing,  Inc., 
 Portals  II,  445  12th  Street,  S.  W.,  Room  CY-  B402,  Washington,  D.  C.  20554,  (202)  863-  2893,  facsimile  (202)  863-  2898,  or  via  e-  mail  to  fcc@  bcpiweb.  com.  For  further  information  regarding  the  public 
 reference  file  for  this  Waiver  Request,  contact  Maria  Ringold,  Chief,  Wireless  Branch,  RIC,  (202)  418-  1355. 

 Unless  otherwise  provided,  requests  for  waiver  of  the  Commissions  Rules  are  subject  to  treatment  by  the  Commission  as  restricted  proceedings  for  ex  parte  purposes  under  Section  1.1208  of  the 
 Commissions  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  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  Commissions  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  Commissions  Rules,  47  C.  F.  R.    1.1206(  b). 
 For  further  information,  contact  Mr.  Tom  Eng  of  the  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau  at  (202)  418-  0019,  TTY  (202)  418-  7233,  or  via  e-  mail  to 
 Thomas.  Eng@  fcc.  gov. 
 By  the  Chief,  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau. 

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