PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 96-2003 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: December 2, 1996 CLARIFICATION OF WIRELESS TELECOMMUNICATIONS BUREAU ORDER REGARDING REQUESTS FOR WAIVER OF THE 800 MHz SPECIALIZED MOBILE RADIO APPLICATION FREEZE, RELEASED OCTOBER 23, 1996 On October 23, 1996, the Wireless Telecommunications Bureau ("Bureau") issued an Order setting forth guidelines for resolving 3,300 requests for waiver of the freeze on applications for 800 MHz Specialized Mobile Radio ("SMR") channels. The Bureau directed the Licensing Division to evaluate the waiver requests in accordance with the criteria set forth in the Commission's Fleet Call order, i.e., to grant requests to the extent that the applicants sought to modify their systems within their respective aggregate geographic footprints (defined in Fleet Call as within a 35-mile radius of existing stations) established by previously constructed facilities with loading of at least seventy mobiles per channel. The Waiver Order also directed the Licensing Division to deny requests for waiver of the application freeze for applications that sought geographic expansion beyond the applicants' existing footprint, or for use of channels that were not aggregately loaded. Since the Waiver Order was released, some SMR licensees have sought clarification of its effect on SMR licensees who seek to modify their systems on a more limited basis (i.e., within existing contours) but who have not established wide-area systems that meet the Fleet Call criteria. By this Public Notice, we clarify that the Bureau will consider and process pending modification requests by SMR licensees provided that (1) the requested modification does not expand the 40 dBu contour of the originally authorized site, (2) the modification does not authorize use of channels other than those authorized at the original site. Grant of such waivers is consistent with the standard established by the Commission in the CMRS Third Report and Order, which stated that requests for waiver of the application freeze would be considered "provided that operation of such proposed stations affects coverage solely within a geographic area of and on a frequency channel that is already licensed permanently to the applicant(s), i.e, there is no infringement of new spectrum or previously uncovered geographical areas." We note that the waiver policy set forth in this Public Notice applies only to modification applications on the lower 80 SMR channels and the General Category channels. In the First Report and Order in PR Docket 93-144, adopted December 15, 1995, the Commission provided that incumbent licensees on the upper 200 SMR channels may modify their systems without the need for application or Commission pre-approval, provided that such modifications do not expand the 22 dBu contour of the system. Thus, the relief afforded by the Commission's waiver policy is no longer required on these channels. On the lower 80 and General Category channels, however, the 22 dBu standard has been proposed but not yet adopted. Therefore, we will continue to process waiver requests on these channels under the Commission's existing rules and policies. In the Waiver Order, we stated that we would not entertain new waiver requests under the procedures established in the CMRS Third Report and Order. This restriction applies to applicants who seek to expand within a 35-mile radius of existing facilities under the Fleet Call criteria (i.e., based on previously constructed facilities with aggregate loading) as described in the Waiver Order. However, licensees may continue to request modifications that do not alter their 40 dBu contours as described above. Questions regarding this Public Notice should be directed to the Commercial Wireless Division, Legal Branch, at (202) 418-0620. Action by the Chief, Wireless Telecommunications Bureau.