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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  No.  05-  1650 
 June  17,  2005 

 Wireless  Telecommunications  Bureau  Seeks  Comment  on  Verizon  Wireless  Petition  for  Waiver  of 
 Part  64  Priority  Access  Service  Rule 
 WT  Docket  No.  05-  212 
 Comment  Date:  June  24,  2005 
 In  2000,  the  Commission  authorized  Commercial  Mobile  Radio  Service  (CMRS)  providers  to  offer  priority  access  service  (PAS)  in  accordance  with  the  policies  and  procedures  (uniform  protocols)  set  forth  in 
 Appendix  B  to  Part  64  of  the  Commissions  Rules.  1  These  uniform  protocols  require  CMRS  providers  that  elect  to  offer  PAS  to  make  available  five  priority  levels  2  for  National  Security  and  Emergency  Preparedness 
 (NSEP)  users.  3  However,  in  a  request  for  waiver  of  these  protocols,  Verizon  Wireless  asserts  that  the  network  equipment  and  software  currently  used  with  Code  Division  Multiple  Access  (CDMA)  wireless 
 systems  are  not  currently  capable  of  delivering  PAS  4  with  the  five  priorities  required  under  the  Commissions  rules.  5 

 In  the  PAS  R&  O,  the  Commission  concluded  that  the  National  Communications  System  (NCS)  6  would  have  responsibility  for  the  day-  to-  day  administration  of  PAS,  with  oversight  responsibilities  residing 

 1  Development  of  the  Operational  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and  Local 
 Public  Safety  Agency  Communication  Requirements  Through  the  Year  2010,  Second  Report  and  Order,  WT  Docket  96-  86,  15  FCC  Rcd  16720  (PAS  R&  O). 

 2  Id.  at  16722    4;  47  C.  F.  R.    64.  402  Appendix  B.  The  five  PAS  priority  levels  in  order  of  priority  are  1) 
 Executive  Leadership  and  Policy  Makers;  2)  Disaster  Response/  Military  Command  and  Control;  3)  Public  Health,  Safety  and  Law  Enforcement  Command;  4)  Public  Services/  Utilities  and  Public  Welfare;  and  5)  Disaster  Recovery. 

 47  C.  F.  R.    64.  402  Appendix  B,  Section  5. 
 3  NSEP  users  are  key  personnel  and  those  individuals  in  national  security  and  emergency  response  leadership 
 positions.  47  C.  F.  R.    64.  402  Appendix  B,  Section  5.  PAS  is  not  intended  for  use  by  all  emergency  service  personnel.  Id. 

 4  In  its  waiver  request,  Verizon  Wireless  asserts  that  PAS  is  now  commonly  referred  to  as  wireless  priority  service 
 (WPS).  Petition  for  Waiver  of  Section  64.  402  of  the  Commissions  Rules  filed  by  Verizon  Wireless  on  May  13,  2005  at  1  (Waiver  Request).  Herein,  we  retain  the  terminology  priority  access  service  (PAS),  but  with  the 

 understanding  that  PAS  and  WPS,  as  used  by  Verizon  Wireless  are  equivalent  terms. 
 5  Id.  at  2. 

 6  The  NCS  is  an  interagency  organization  that  combines  the  communications  assets  of  twenty-  three  Federal 
 departments  and  agencies  to  address  NS/  EP  telecommunications  related  issues.  Statement  in  Support  of  Petition  for  Waiver  filed  by  U.  S.  Department  of  Homeland  Security  on  June  13,  2005  (NCS  Statement  of  Support).  NCS 
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 with  the  Commission.  7  Verizon  Wireless  states  that  it  has  been  working  with  the  NCS  to  provide  a  PAS  capability  that  will  meet  the  Department  of  Homeland  Securitys  needs  for  providing  priority  access  to 
 NSEP  users.  8  In  order  to  provide  PAS  capability  promptly,  Verizon  Wireless  on  May  13,  2005,  requested  a  waiver  of  Section  64.  402  of  the  Commission's  Rules  9  to  allow  it  to  develop  CDMA  PAS  capability  in  two 
 phases:  It  proposes  that  the  first  phase  PAS  implementation  would  have  a  single  priority  level  for  all  NSEP  users,  10  and  that  the  second  phase  would  provide  the  required  five  PAS  priority  levels.  11  Verizon  Wireless 
 believes  it  can  deploy  the  second  phase  by  early  2007.  12  Both  the  NCS  and  the  Department  of  Defense  (DoD)  have  filed  statements  in  support  of  the  Verizon  Wireless  waiver  request.  13 

 Section  1.925  of  the  Commission's  Rules  14  provides  that  a  waiver  of  the  Commission's  Rules  may  be  granted  if  it  is  shown  that  the  underlying  purpose  of  the  rule(  s)  would  not  be  served  or  would  be 
 frustrated  by  application  to  the  instant  case,  and  that  a  grant  of  the  requested  waiver  would  be  in  the  public  interest;  or  in  view  of  the  unique  or  unusual  circumstances  of  the  instant  case,  application  of  the 
 rule(  s)  would  be  inequitable,  unduly  burdensome  or  contrary  to  the  public  interest  or  in  the  applicant  has  no  reasonable  alternative. 

 Requests  for  waiver  of  the  Commission's  Rules  are  subject,  unless  otherwise  provided,  to  treatment  by  the  Commission  as  restricted  proceedings  for  ex  parte  purposes  under  Section  1.1208  of  the  Commission's 
 Rules.  15  However,  because  Verizon  Wireless  request  implicates  important  public  safety  and  Homeland  Security  considerations,  we  believe  it  would  be  in  the  public  interest  to  treat  the  waiver  request  as  a  permit-but- 
 disclose  proceeding  as  allowed  by  the  Commissions  ex  parte  rules.  16  Therefore,  ex  parte  presentations 

 provides  guidance  and  assistance  to  the  President,  the  National  Security  Council,  the  Homeland  Security  Council,  the  Director  of  the  Office  of  Science  and  Technology  Policy,  and  the  Director  of  the  Office  of  Management  and 
 Budget  concerning  the  coordination  of,  planning  for,  and  provision  of  NS/  EP  telecommunications  for  the  Federal  government  under  all  circumstances,  including  crisis  or  emergency,  attack,  recovery,  and  reconstitution.  Id.  at  1-  2. 

 7  PAS  R&  O,  15  FCC  Rcd  16722    4. 
 8  See  Waiver  Request  at  2.  Verizon  Wireless  further  asserts  that  NCS,  Computer  Science  Corporation  (NCSs 
 service  integrator),  Verizon  Wireless  and  equipment  vendors  have  agreed  that  CDMA  PAS  deployment  should  occur  in  two  phases.  Id.;  see  also  NCS  Statement  of  Support  at  6  (permitting  the  two-  phased  deployment  would 

 substantially  accelerate  the  availability  of  PAS  for  key  emergency  responders  in  heavily-  populated  northeastern  portion  of  the  United  States). 

 9  47  C.  F.  R.    64.402. 
 10  See  Waiver  at  2-  3. 
 11  See  id.  at  3. 
 12  See  id. 
 13  NCS  Statement  of  Support;  Statement  in  Support  of  Petition  for  Waiver  filed  by  U.  S.  Department  of  Defense  on 
 June  13,  2005  (DoD  Statement  of  Support).  The  DoD  was  the  Executive  Agent  for  the  NCS  before  the  creation  of  the  DHS  and  adoption  of  Executive  Order  No.  13286  of  February  26,  2003,    46(  b),  68  Fed.  Reg.  10619,  10627 

 (designated  the  Secretary  of  Homeland  Security  as  Executive  Agent  of  the  NCS.  NCS  Statement  of  Support  at  n.  1.  See  also  Executive  Order  No.  12472  of  April  3,  1984,  Assignment  of  National  Security  and  Emergency 
 Preparedness  Telecommunications  Functions,  49  Fed.  Reg.  13471  (1984). 
 14  See  47  C.  F.  R.    1.925. 

 15  See  47  C.  F.  R.    1.1208. 
 16  See  47  C.  F.  R.    1.1200(  a),  1.1206.  We  note  that  Verizon  Wireless  requested  treatment  of  this  proceeding  as 
 Permit-  but-  Disclose.  See  Waiver  Request  at  8. 
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 or  by  facsimile  at  (202)  488-  5563.  For  further  information  regarding  the  public  reference  file  for  this  waiver  petition,  contact  Federal  Communications  Commission,  Consumer  and  Governmental  Affairs 
 Bureau,  Reference  Information  Center  (202)  418-  1355.  Additionally,  a  copy  of  the  Verizon  Wireless  waiver  request,  NCS  statement  and  DoD  statement  can  be  found  on  the  Wireless  Telecommunications 
 Bureau  web  page  at  http://  wireless.  fcc.  gov/  in  the  Wireless  Headlines  section  under  the  heading  6/  17/  2005  PUBLIC  NOTICE  (DA  05-  1650). 

 People  with  Disabilities:  Contact  the  FCC  to  request  materials  in  accessible  formats  (braille,  large  print,  electronic  files,  audio  format,  etc.)  by  e-  mail  at  FCC504@  fcc.  gov  or  call  the  Consumer  & 
 Governmental  Affairs  Bureau  at  202-  418-  0531  (voice),  202-  418-  7365  (TTY). 
 For  further  information,  contact  Ramona  Melson,  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau  at  (202)  418-  0680. 

 By  the  Acting  Chief,  Wireless  Telecommunications  Bureau. 
 -  FCC  - 
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 IMPACT  (Verizon  Wireless  PAS  PN  15621v1) 
 R.  Melson 
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