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OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES THE TETRA ASSOCIATION'S REQUEST FOR A WAIVER OF PARTS 90.209, 90.210 AND 2.1043 TO BE A "PERMIT-BUT-DISCLOSE" PROCEEDING FOR EX PARTE PURPOSES AND REQUESTS COMMENT

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Released: December 24, 2009

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.
Internet:
http://www.fcc.gov

Washington, D.C. 20554


TTY: 1-888-835-5322



DA 09-2633
Released: December 24, 2009

OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES THE TETRA ASSOCIATION’S REQUEST

FOR A WAIVER OF PARTS 90.209, 90.210 AND 2.1043 TO BE A “PERMIT-BUT-DISCLOSE”

PROCEEDING FOR EX PARTE PURPOSES AND REQUESTS COMMENT


ET Docket No. 09-234


Comment Date: January 15, 2010


Reply Comment Date: January 29, 2010


The TETRA Association (the “Association”) has filed a request for waiver of Parts 2 and
90 of the Commission’s rules to allow Terrestrial Trunked Radio (TETRA) technology to be
used in the United States.1 TETRA is a digital, trunked radio technology that operates with Time
Division Multiple Access (TDMA) in four slot channels with 25 kHz channel spacing. The
Association states that the TETRA standard, which was developed by the European Technical
Standards Institute (ETSI), is used around the world, and that manufacturers are ready to produce
the TETRA device for use in the United States on several frequency bands, including 450-470
MHz, 806-849 MHz and 851-894 MHz.

The Association states that the TETRA standard meets all Part 90 requirements except
for those pertaining to occupied bandwidth and emission masks. It seeks a waiver of Section
90.209(b)(5) which authorizes operations at an occupied bandwidth of up to 20 kHz, noting that
the occupied bandwidth of TETRA equipment is 21.5 ± 0.5 kHz. The Association also seeks a
waiver of Section 90.210(b)(c) and (g) of the Commission’s rules governing emission masks B,
C, and G to allow for up to 5dB excursions around 10 kHz offset from the center frequency. The
Association states that the ETSI standard relies on a measure of adjacent channel coupled power,
rather than an occupied bandwidth limit and an emission mask, and that TETRA devices
outperform the FCC emission masks.


1 See TETRA Association’s request for waiver of Sections 2.1043, 90.209 and 90.210 of the
Commission’s rules, filed November 20, 2009. The TETRA Association is comprised of 150
organizations from 37 countries and promotes the use of TETRA technology around the world.

The Association notes that certain TETRA manufacturers are seeking FCC certification
of TETRA radios using reduced power that will permit compliance with existing Part 90 rules,
because of the immediate demand for TETRA-style radios while the waiver request is being
processed. It seeks a waiver of Section 2.1043 of the Commission’s permissive change rules to
allow TETRA manufacturers who have received interim equipment authorizations using reduced
power to upgrade to the TETRA standard without requiring a new FCC ID.

The Commission’s Office of Engineering and Technology (“OET”) is reviewing the
waiver request. OET has concluded that in order to develop a complete record on the complex
issues presented by this request, this proceeding will be treated, for ex parte purposes, as a
“permit-but-disclose” proceeding, in accordance with Section 1.1200(a) of the Commission’s
rules, and is subject to the requirements under Section 1.1206(b) of the rules.
Pursuant to Sections 1.415 and 1.419 of the Commission’s rules, 47 C.F.R. §§ 1.415,
1.419, interested parties may file comments on or before

January 15, 2010,

and reply comments
on or before

January 29, 2010

. All filings should refer to

ET Docket No. 09-234

. Comments
may be filed using: (1) the Commission’s Electronic Comment Filing System (“ECFS”), (2) the
Federal Government’s eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing
of Documents in Rulemaking Proceedings
, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the Internet by accessing
the ECFS at http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal at
http://www.regulations.gov. Filers should follow the instructions provided on the
website for submitting comments.

For ECFS filers, if multiple docket or rulemaking numbers appear in the caption
of this proceeding, filers must transmit one electronic copy of the comments for
each docket or rulemaking number referenced in the caption. In completing the
transmittal screen, filers should include their full name, U.S. Postal Service
mailing address, and the applicable docket or rulemaking number. Parties may
also submit an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following words in
the body of the message, “get form.” A sample form and directions will be sent in
response.

Paper Filers: Parties who choose to file by paper must file an original and four copies of
each filing. If more than one docket or rulemaking number appears in the caption of this
proceeding, filers must submit two additional copies for each additional docket or
rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or
by First-Class or Overnight U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). All filings must be addressed to the
Commission’s Secretary, Office of the Secretary, Federal Communications Commission.

Effective December 28, 2009, the Commission’s contractor will receive hand-
delivered or messenger-delivered paper filings for the Commission’s Secretary at
445 12th Street, S.W., Washington, D.C. 20554. The filing hours at this location
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber

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bands or fasteners. Any envelopes must be disposed of before entering the
building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD
20743.
U.S. Postal Service First-Class, Express, and Priority mail must be addressed to
445 12th Street SW, Washington, D.C. 20554.

All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office
of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington,
D.C. 20554. Parties should also send a copy of their filings to Jamison Prime, Office of
Engineering and Technology, Federal Communications Commission, Room 7-A260, 445 12th
Street, S.W., Washington, D.C. 20554, or by e-mail to Jamison.Prime@fcc.gov. Parties must
also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (202) 488-
5300, or via e-mail to fcc@bcpiweb.com.

Documents in

ET Docket No. 09-234

are available for public inspection and copying
during business hours at the FCC Reference Information Center, Portals II, 445 12th Street,
S.W., Room CY-A257, Washington, D.C. 20554. The documents may also be purchased from
BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail
fcc@bcpiweb.com.

People with Disabilities: To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov
or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty).

Office of Engineering and Technology contact: Jamison Prime at (202) 418-7474.

By the Chief, Office of Engineering and Technology.









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