********************* ********************* ************** NOTICE ********************* ********************* ************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ********************* ********************* ********************* ** PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 99-1036 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: June 18, 1999 FCC SEEKS COMMENT ON REQUESTS FOR WAIVERS TO PERMIT PROVISION OF COMMON CARRIER SERVICE ON 2 GHZ PRIVATE OPERATIONAL FIXED MICROWAVE SERVICE FREQUENCIES Comment Date: July 6, 1999 Reply Date: July 16, 1999 In 1996, the Commission consolidated the rules for the Common Carrier Fixed Point-to-Point Microwave Service and the Private Operational Fixed Point-to-Point Microwave Service ("POFS"), and eliminated the prohibition on using common carrier transmitters for non-common carrier purposes. It nonetheless retained the prohibition against stations licensed as private systems offering common carrier services; in fact, it suggested that private licensees desiring also to carry common carrier traffic become common carrier licensees. While the Commission set forth how private licensees above 2 MHz could elect common carrier status, it excluded the 2 GHz bands. On February 26, 1997, August 4, 1997, and September 11, 1998, respectively, Westinghouse Communication Services, Inc., AP&T Wireless, Inc., and Nextel Communications, Inc. applied to modify the status of private systems using 2 GHz band frequencies allocated exclusively to POFS licensees to common carrier or hybrid private/common carrier status, and sought rule waivers to permit the use of those frequencies for common carrier services. The petitioners proffer different purposes and arguments for their requests. Westinghouse contends that 2 GHz licensees should be permitted to provide common carrier services pending their relocation. AP&T, a public utility providing power and telephone service, states that its system's principal purpose will continue to be the transmission of communications between its work crews in remote areas, but that it wants to serve entities performing business and other activities in the area that may periodically request commercial service -- without having to construct a separate and parallel system. Nextel seeks to carry customer traffic in support of its Specialized Mobile Radio operations. It also contends that these stations should retain primary status because the requested modifications involve only a change in regulatory classification and no relocation, path, or other technical changes that could potentially increase the relocation costs. Interested parties may file comments on the subject waiver requests on or before July 6, 1999. Parties interested in submitting reply comments must do so on or before July 16, 1999. All comments should reference the designated DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445 12th St., S.W., Room TW-A325, Washington, D.C. 20554. A copy of each filing should be sent to International Transcription Services, Inc. (ITS), 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800 and Scot Stone, Federal Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, 445 12th St., S.W., Room 4-B408, (202) 418-0680 or via e-mail to sstone@fcc.gov. The full text of the waiver requests, comments, and reply comments are available for inspection and duplication during regular business hours in the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th St., S.W., Room 4-C207, Washington, D.C. 20554. Copies also may be obtained from ITS, 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800. Requests for waiver of the Commission's Rules are subject, unless otherwise provided, to treatment by the Commission as restricted proceedings for ex parte purposes under Section 1.1208 of the Commission's Rules, 47 C.F.R.  1.1208. Because of the policy implications and potential impact of this proceeding on persons not parties to the waiver request, we believe it would be in the public interest to treat this case as a permit-but-disclose proceeding under the ex parte rules. See Sections 1.1200(a) and 1.1206 of the Commission's Rules, 47 C.F.R.  1.1200(a), 1.1206. Therefore, any ex parte presentations that are made with respect to the issues involved in the subject waiver requests, subsequent to the release of this Public Notice, will be permissible but must be disclosed in accordance with the requirements of Section 1.1206(b) of the Commission's Rules, 47 C.F.R.  1.1206(b). For further information, contact Scot Stone or Edgar Class of the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau at (202) 418-0680 or via e-mail to sstone@fcc.gov or eclass@fcc.gov. By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. - FCC -