PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                          DA 97-2296 

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


                                              Released:  February 13, 1998 
                                    
    FILING FREEZE TO BE LIFTED FOR APPLICATIONS UNDER PART 90 FOR THE
       FIFTEEN PUBLIC SAFETY CHANNEL PAIRS IN THE 220-222 MHZ BAND


In the Third Report and Order in PR Docket No. 89-552, the Commission adopted rules to govern the
future operation and licensing of the 220-222 MHz band.  Among other things, the Commission made
available 15 five-kilohertz channel pairs (channels) for public safety communications (Channels 161-170
and 181-185).  Ten channels (Channels 161-170) are available to all public safety eligibles for
base/mobile operations.  Of these ten channels, five (Channels 161-165) are licensed on a shared basis
and five (Channels 166-170) are licensed on an exclusive basis for base station operations.  Public safety
mobile/portable emergency communications are permitted without an individual license on the mobile side
(221-222 MHz) of these ten channel pairs by all public safety eligibles except some entities previously
eligible only under the former Special Emergency Radio Service.  The remaining five channels (Channels
181-185) are available for licensing only for emergency medical use.  As with Channels 166-170, base
station operations on the five emergency medical channels are licensed on an exclusive basis.  Further,
non-Government applications for any of the five emergency medical channels must include a statement
by the appropriate regional/local emergency planning authority that the proposed use is consistent with
any regional/local plan.  Where no such plan exists, the applicant must make an affirmative statement
that no such plan exists.  All fifteen channels are also available to the Federal Government.  

There is currently a freeze on the filing of applications for use of these fifteen channels.  In the Third
Report and Order, however, the Commission stated that a Public Notice would be issued announcing the
acceptance of applications for these fifteen channels after 140 days after publication of the item in the
Federal Register.  The item was published in the Federal Register on April 3, 1997 (62 FR 16004).

The purpose of this Public Notice is to announce that we will start accepting applications for these fifteen
channels on March 31, 1998.  Licensees on the shared channels (Channels 161-165) should coordinate
base station operations amongst themselves to ensure compatibility.  Applications for the ten exclusive
channels (Channels 166-170 and 181-185) will be granted on a first-come,  first-served basis -- with
stations authorized at a single location and protected in accordance with the co-channel separation criteria
specified in the Rules.  Applications for the exclusive channels received the same day for the same area
will be considered mutually exclusive.  To determine whether there is mutual exclusivity between Federal
Government and non-Federal Government applications, we will use the date the application is filed with
the Commission for non-Federal Government applications and the date the application is filed with the
Frequency Assignment Subcommittee of the Interdepartment Radio Advisory Committee for applications
from Federal Government entities.   

For channels licensed on an exclusive basis, the Commission previously stated that if mutually exclusive
applications are filed on the same day, it would choose from among these applications using random
selection procedures.  The Balanced Budget Act of 1997 terminated the Commission's lottery authority. 
Consequently, we cannot employ lotteries as specified in the Third Report and Order to decide cases of
mutual exclusivity.  We believe, however, that in this particular instance the probability of receiving
mutually exclusive applications is low.  Therefore, rather than delay acceptance of applications for these
channels pending a Commission proceeding addressing this matter, we believe the public interest would
be served by lifting the current freeze on filing of applications for these fifteen channels.  In the event
mutually exclusive applications are received, we will hold these applications in abeyance pending a
Commission decision on how to resolve such mutual exclusivity.


By the Chief, Wireless Telecommunications Bureau.

Wireless Telecommunications Bureau Contact:  Joy Alford at (202) 418-0680.

                                  -FCC-