DA 00-1405
               
                                          Released:  June 23, 2000


        WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT
ON WESTERN RESOURCES, INC. REQUEST FOR WAIVER TO PERMIT SHARING
          OF ITS 900 MHZ INDUSTRIAL AND LAND TRANSPORTATION TRUNKED RADIO              
                                         SYSTEM WITH PUBLIC SAFETY USERS


     Comment Date:  July 24, 2000       Reply Comment Date: August 8, 2000


On February 15, 2000, Western Resources, Inc. (Western) filed a Request for Waiver of Section
90.179(a) of the Commission's Rules, 47 C.F.R.  90.179(a), to permit it to share its 900 MHz
Industrial/Land Transportation (IL/T) trunked radio system on a non-profit, cost-shared basis with
entities eligible for frequencies in the Public Safety Radio Pool.  Attached to the Request for Waiver is a
letter from EagleMed, Inc., a medivac service based in Wichita, Kansas, expressing an interest in sharing
part of Western's established system.  Western requests either a ruling that EagleMed is a motor carrier
as defined in Section 90.7 of the Commission's Rules, 47 C.F.R.  90.7, or a waiver of Section
90.179(a).  A waiver would be necessary if EagleMed is not eligible for I/LT frequencies, because,
pursuant to Section 90.179(a), persons may share a radio system only if they would be eligible for a
separate authorization for the frequencies to be shared.

In the event that a waiver is necessary, Western requests a blanket waiver to allow it to share its reserve
system capacity with any other public safety entities.  While the public safety providers would
communicate using IL/T frequencies, they would not share any of their licensed spectrum with Western.
Western asserts that the proposed cost-sharing agreements that it would execute with the public safety
providers would result in significant efficiencies without raising concerns about depletion of Public
Safety spectrum. 

Interested parties may file comments on Western's Request for Waiver on or before July 24,
2000.  Parties interested in submitting reply comments must do so on or before August 8, 2000.  All
comments and reply comments should reference Western's Request for Waiver with the designated DA
number of this Public Notice, and should be filed with the Office of the Secretary, Federal
Communications Commission, 445 Twelfth Street, S. W., 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 to Maurice J. DePont, Policy and Rules Branch, Public
Safety and Private Wireless Division, Wireless Telecommunications Bureau, 445 Twelfth Street, S. W.,
Room 4-C401, Washington, D. C. 20554.

     The full text of the Request for Waiver, comments, and reply comments will be available
for inspection and duplication during regular business hours in the Reference Information Center (RIC)
of the Consumer Information Bureau, Federal Communications Commission, 445 Twelfth Street, S. W.,
Room CY-A257, Washington, D. C. 20554.  Copies also may be obtained from ITS.  For further
information concerning the public reference file for this Request for Waiver, contact Maria Ringold,
Chief, Wireless Branch, RIC, (202) 418-1350.

     Unless otherwise provided, requests for waiver of the Commission's Rules are subject 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 land mobile licensees 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 47
C.F.R.  1.1200(a), 1.1206.  Therefore, subsequent to the release of this Public Notice, ex parte
presentations that are made with respect to the issues involved in the subject Request for Waiver will be
allowed 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 Maurice J. DePont of the Policy and Rules Branch, Public
Safety and Private Wireless Division, Wireless Telecommunications Bureau at (202) 418-0680, TTY
(202) 418-7233, or via e-mail to mdepont@fcc.gov.

     By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications
Bureau.

                             -FCC-