[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)] [Notices] [Pages 56543-56544] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-27820] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [DA 95-2119] Waiver of General Category Channel Freeze AGENCY: Federal Communications Commission. ACTION: Public notice. ----------------------------------------------------------------------- SUMMARY: This action seeks comment on the State of Florida's Bureau of Communications Engineering (``Florida'') two separate requests for waiver of the freeze on General Category channels. It is necessary and it is important for the Commission to receive public comment on Florida's requests. The effect of the action will be to seek comment on whether Florida's requests for waivers to the General Category channel freeze ought to be granted. DATES: Comments are to be filed on or before November 7, 1996; reply comments are to be filed on or before November 12, 1996. ADDRESSES: Office of the Secretary, Federal Communications Commission, 1919 M Street, NW., Room 222, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Kathryn Hosford at (202) 418-0652 or [email protected] (Internet); Jane Halprin at (202) 418-1366 or [email protected] (Internet). SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public Notice, released October 23, 1996. The complete (but unofficial) text of this Commission Public Notice is available on the Internet at: http://www.fcc.gov/Bureaus/Wireless/Public__Notices and for inspection and copying during normal business hours in the FCC Reference Center (Room 239), 1919 M Street, NW., Washington, DC 20554. The complete text of this Public Notice is available and may be purchased from the Commission's copy contractor, International Transcription Services, Inc. (ITS, Inc.), 2100 Street, NW., Suite 140, Washington, DC 20037, Telephone number (202) 857-3800. Summary of Public Notice 1. The State of Florida's Bureau of Communications Engineering (``Florida'') filed two separate requests for waiver of the freeze on General Category channels. See Order, 10 FCC Rcd 13190, 60 FR 61554, November 30, 1995; (Wireless Telecommunications Bureau 1995). The Wireless Telecommunications Bureau (``Bureau'') placed this freeze on new applications for General Category Frequencies. The channels for which the waivers are sought are used in Florida's state-wide public safety system and the Bureau seeks comment on Florida's waiver requests. 2. On August 7, 1996, Florida asked that the freeze Order be waived to allow consideration of its application for modification of WNAY604, File Number D02612, which comprises part of Florida's 800 MHz trunked radio system. The request involves six (6) of the twenty (20) General Category channels used in its state-wide radio system, i.e., Channels 114, 115, 116, 124, 125, and 126 for stations located in Fort Lauderdale, Coconut Creek, and Sunrise, Florida. Florida concedes that its application does not meet the requirements of the freeze Order in that at least one of the proposed stations expands existing service areas. Florida states that it was licensed under rules in force prior to the implementation of the freeze Order, which allowed it to modify station parameters without regard to previously licensed coverage areas. [[Page 56544]] 3. On September 9, 1996, Florida submitted a requested for a general waiver of the freeze Order for all twenty (20) General Category channels numbered 114 through 133 thoughout the state of Florida. It also requested that channel number 96, which is licensed for statewide mutual aid use, not be subject to the freeze Order for the State of Florida 800 MHz radio system and for all public safety applicants within the state. Florida asserts that the continued success of the implementation of their statewide radio system ``critically depends on the construction of new or modified stations.'' Florida argues that the freeze Order unfairly prohibits Florida from altering its statewide radio system. In order to avoid what it argues is the inevitable and burdensome task of seeking waivers of the freeze Order on a case-by- case basis (e.g., the August 7, 1996, request), Florida requests the waiver apply to the entire geographic area of its statewide radio system and for all twenty-one (21) of the above-noted General Category channels. 4. Interested parties may file comments concerning the Request For Waiver on or before November 7, 1996. Reply comments are due on or before November 12, 1996. Comments and reply comments should be sent or delivered to: Office of the Secretary, Federal Communications Commission, 1919 M Street, NW., Room 222, Washington, DC 20554, Att'n Private Wireless Division, Wireless Telecommunications Bureau. A copy should also be sent or delivered to: Private Wireless Division, Wireless Telecommunications Bureau, Room 8010, Stop Code 2000-F, Federal Communications Commission, 2025 M Street, NW., Washington, DC 20554. Finally, a copy should be sent or delivered to the Commission's duplicating contractor: International Transcription Services, Inc. (ITS), 2100 M Street, NW., Suite 140, Washington, DC 20037 (telephone number: (202) 857-3800). Copies of the waiver request may be obtained from ITS. Copies are also available for public inspection during regular business hours in the Private Wireless Division, Wireless Telecommunications Bureau, Room 8010, 2025 M Street, NW., Washington, DC 20554. 5. We will treat this proceeding as non-restricted for purposes of the Commission's ex parte rules. See generally, 47 CFR 1.1200-1.1206. However, if this waiver petition is opposed, then it will be treated as a restricted proceeding under the Commission's ex parte rules. See generally, 47 CFR 1.1208-1.1216. Federal Communications Commission William F. Caton, Acting Secretary. [FR Doc. 96-27820 Filed 10-31-96; 8:45 am] BILLING CODE 6712-01-P