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Improving Public Safety Communications in the 800 MHz Band

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Released: August 10, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1307

Released: August 10, 2012





WT Docket 02-55

Comment Date: August 24, 2012

The Public Safety and Homeland Security Bureau seeks comment on Nextel Communications,
Incorporated’s petition for temporary waiver of Section 90.210 of the Commission’s rules (emission
mask), codified at 47 C.F.R § 90.210, relative to the mobile and portable radios used in the 800 MHz
public safety communications system, call signs WPQF924 and WNMD429, licensed to Genesee County,
New York.1 The request for a temporary waiver, if granted, would permit the Genesee County mobile
and portable radios -- but not base stations -- to be operated with 5 kilohertz frequency deviation, thereby
accommodating Genesee County’s Four-Level Recovery for Extended Distance (FRED) encryption
Interested parties may file comments on or before the dates listed on the first page of this Public
Notice. All pleadings must reference WT Docket No. 02-55, and should identify the specific waiver
request(s) to which the comments are directed. Parties may file comments using: (1) the Commission’s
Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by
filing paper copies.3
Electronic Filers: File comments electronically using the Internet by accessing the ECFS: or the Federal eRulemaking Portal:
Filers should follow the instructions provided on the website for submitting comments.

1 Nextel Communications, Inc. Petition for Temporary Waiver, Aug. 7, 2012 (Petition). Nextel Communications,
Inc. (Nextel) is a wholly owned subsidiary of Sprint Nextel Corp. Id at 1 . The Petition may be viewed by accessing
the Commission’s Electronic Comment Filing System (ECFS) at
2 Four-Level Recovery for Extended Distance (FRED) is a modulation scheme used within certain Motorola
simulcast systems to improve coverage of encrypted channels in a simulcast network. FRED will not reliably
operate on the inbound link (mobile/portable-to-base) with the 4 kilohertz deviation required to meet the emission
mask applicable to NPSPAC channels. Accordingly, Nextel proposes that the Genesee County portable and mobile
radios operate with 5 kilohertz deviation, which would result in their waveform exceeding the emission mask
applicable to NPSPAC channels. See 47 C.F.R. § 90.210. Nextel proposes that the waiver terminate if and when
Genesee County discontinues use of its FRED encryption. Petition at 6-7.
3 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).

If multiple docket or rulemaking numbers appear in the caption of this proceeding, ECFS 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, 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.
Send filings 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). Address filings to the Commission’s Secretary, Office of the Secretary, Federal
Communications Commission.
Deliver hand-delivered or messenger-delivered paper filings to FCC Headquarters at 445 12th St.,
SW, Room TW-A325, Washington, DC 20554 between 8:00 AM and 7:00 PM. Use rubber
bands or fasteners to hold deliveries together. Dispose of all envelopes before entering the
Send commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail)
to 9300 East Hampton Drive, Capitol Heights, MD 20743.
Send U.S. Postal Service first-class, Express, and Priority mail to 445 12th Street, SW,
Washington DC 20554.
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 or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).
Address all filings to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary,
Federal Communications Commission, 445 12th Street, SW, Room TW-A325, Washington, DC 20554.
Parties should also send a copy of their filings to Roberto Mussenden, Policy and Licensing Division,
Public Safety and Homeland Security Bureau, Federal Communications Commission, Room 7-B553, 445
12th Street, SW, Washington, DC 20554.. Parties shall also serve one copy with the Commission’s copy
contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW, Room CY-B402,
Washington, DC 20554, (202) 488-5300, or via e-mail to
Documents in WT Docket No. 02-55 are available for public inspection and copying during
business hours at the FCC Reference Information Center, Portals II, 445 12th St. SW, Room CY-A257,
Washington, D.C. 20554. The documents are available for purchase from BCPI, telephone (202) 488-
5300, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail These documents are
also available for viewing on the Commission’s website at
Because of the policy implications and potential impact of this proceeding on persons not party to
these applications, it is in the public interest to treat this waiver request 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) and 1.1206. Therefore, subsequent to the release of this Public Notice, we will allow
ex parte presentations that address issues involved in the subject waiver request will be allowed, provided

they are 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 Mr. Roberto Mussenden of the Policy and Licensing Division,
Public Safety and Homeland Security Bureau at (202) 418-1428 (voice), (202) 418-7233 (tty), or via e-
mail at
By the Deputy Chief, Policy Division, Public Safety and Homeland Security Bureau.
- FCC -

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