PUBLIC NOTICE
                                                                              
   Federal Communications Commission
   1919 M St., N.W.
   Washington, D.C. 20554
      

                                                                                 DA 96-1737
   Released: October 23, 1996

                                                                              Com   ment Sought on State of Florida's Request For Waiver of the 
Com             mission's General Category Channel Freeze
 

 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 (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.

 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.

 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.  

 
 

 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, N.W., Room 222, Washington, D.C. 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, N.W.,
Washington, D.C.  20554.  Finally, a copy should be sent or delivered to the Commission's
duplicating contractor:  International Transcription Services, Inc. (ITS), 2100 M Street, N.W.,
Suite 140, Washington, D.C.  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,
N.W., Washington, D.C.  20554.

 We will treat this proceeding as non-restricted for purposes of the Commission's ex
parte rules.  See generally, 47 C.F.R.  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 C.F.R.  1.1208-1.1216.

For further information, contact:

News Media: Kara Palamaras at (202) 418-0654 or kpalamar@fcc.gov (Internet)
Wireless Telecommunications Bureau: Kathryn Hosford at (202) 418-0652 or khosford@fcc.gov
(Internet); Jane Halprin at (202) 418-1366 or jhalprin@fcc.gov (Internet)

                                  - FCC -