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Released: October 19, 2010


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 10-1653

Released: August 31, 2010





File Nos. 0004348068, 0004352165

Comment Date: September 21, 2010
Reply Comment Date: October 1, 2010

On August 9 and 12, 2010, respectively, Norfolk Southern Railway Company and Union Pacific
Railroad Company (collectively, the railroad applicants) filed the above-captioned applications and
requests for temporary waivers of the power limit for telemetry operations in the 450-470 MHz band. We
seek comment on the waiver requests.
Section 90.238(e) of the Commission’s Rules limits telemetry operations in the 450-470 MHz
band to two watts transmitter output power.1 Currently pending before the Commission is a petition for
rulemaking requesting that the maximum permissible power for end-of-train (EOT) devices, which
operate on frequency pair 452/457.9375 MHz, be increased.2 EOT devices transmit information
regarding the brake pipe pressure on the rear car to the lead locomotive for display to the locomotive
engineer. As a practical matter, they must be mounted on the coupling knuckle behind the last car in the
train, but the path from the end of the train to the front of the train is always blocked by intervening train
cars, and also can be adversely affected by variable terrain factors. In order to minimize the possibility of
communications link failure for EOT devices (especially on longer trains), the Commission sought
comment on whether to amend Section 90.238(e) to allow EOT devices to operate with up to eight watts
transmitter output power. The rulemaking proceeding remains pending.
The railroad applicants seek temporary waivers of the power limit in Section 90.238(e) to permit
them to operate EOT devices with eight watts output power, pending the resolution of the rulemaking
proceeding. We expect other railroads to file similar requests in the near future.

1 See 47 C.F.R. § 90.238(e).
2 See Petition for Rulemaking of the Association of American Railroads (filed Oct. 2, 2007); Amendment of Part 90
of the Commission’s Rules, Second Report and Order and Second Further Notice of Proposed Rule Making, WP
Docket No. 07-100, 25 FCC Rcd 2479, 2493 ¶¶ 33-34 (2010).

Procedural matters

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 and reply comments on or before the dates indicated on the first
page of this Public Notice. All comments and reply comments should reference the subject Waiver
Requests and the DA number indicated on this Public Notice. Comments may be filed: (1) electronically
by accessing the applicants’ file numbers in the Commission’s Universal Service Licensing System
(ULS),3 or (2) by filing paper copies.
Electronic Filers: Pleadings may be submitted electronically as follows:
From the ULS website at, begin the process of submitting a pleading
by clicking on the “ULS Pleadings” link in the menu on the lower left side of the ULS web page. The
link will take you to the “Pleading Information” screen for “Non-docketed Pleadings” where you select
“Reply” in the drop-down window for the type of pleading and then enter the pleadings filer information.
Completion of the contact information is optional. Upon completion of this screen, please note the
instructions for the filing: “Pleadings must be dated and must include a signature, in this instance an
electronic signature, and the address and phone number of the signing party.”
4 Click on “CONTINUE”.
The second step is to complete the File Numbers/Call Signs screen. Click if the pleading pertains
to a File Number or Call Sign and enter the File Number or Call Sign. Please note that you must enter a
File Number or Call Sign to continue. If the pleading pertains to multiple applications or licenses, you
must enter each File Number or Call Sign as appropriate. After clicking the “SUBMIT” button, the
screen will update to show all the File Numbers/Call Signs associated with the pleading. At this time,
you may delete selected File Numbers/Call Signs from the page before continuing.
The third step is to complete the Attach File screen to attach the pleading document. Use the
drop down box to select Pleading or Confidential Pleading. The “BROWSE” button opens a file upload
window where you will locate and select your pleading file. The Description field allows you to enter a
brief description for the pleading. Click the “ADD ATTACHMENT” button to upload your pleading.
You may submit up to thirty files for each pleading but each file must be smaller than 10 MB in size.
You also have the opportunity to delete any selected file from the pleading.
Finally, to complete your electronic pleading submission, click on the “SUBMIT PLEADING”
button and the Confirmation screen will be displayed. The Confirmation screen will display your
Confirmation Number as well as your entered pleadings information. You may print this page for your
records by selecting the Print Page link at the top of the page and have the option of submitting another
pleading or returning to the ULS website by selecting a link at the bottom of the page.
The ULS Application and License Search results will display pleadings under the ADMIN tab
when a comment or reply comment has been filed. Users can view the pleading by clicking on the link
for the specific comment or reply comment in the Description field. The general public will not be able to
view confidential pleadings.

3 See “Wireless Telecommunications Bureau Enhances the Commission’s Universal Licensing System to Implement
Electronic Filing for Pleadings,” Public Notice, 21 FCC Rcd 424 (WTB 2006). See
4 See 47 C.F.R. Part 1.

For additional information or assistance on how to file a comment or reply comment or other
relevant pleading, you may visit the Web at You may also call the FCC ULS
Customer Support Center at (877) 480-3201 and select option 2, or (888) 225-5322 and select Option 2,
or (717) 338-2888. For TTY, please call (717) 338-2824. Assistance from the FCC ULS Customer
Support Center is available between the hours of 8 a.m. to 6:00 p.m. Eastern Time, Monday through
Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls to
FCC ULS Customer Support Center are recorded.
Paper Filers: Parties who choose to file by paper must submit an original and four copies of each
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, as follows:
Effective December 28, 2009, all hand-delivered or messenger-delivered paper filings for the
Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room
TW-A325, Washington, DC 20554. All hand deliveries must be held together with rubber
bands or fasteners. Any envelopes must be disposed of before entering the building. The
filing hours at this location are 8:00 a.m. to 7:00 p.m.


: The Commission’s
former filing location at 236 Massachusetts Avenue, NE is permanently closed.
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 DC 20554.
The application, waiver request, and comments and reply comments can be accessed
electronically via the Commission’s Universal Licensing System, The full text
of the Waiver Request, comments and reply comments will be available for inspection and duplication
during regular business hours in the FCC Reference Information Center (RIC) of the Consumer and
Governmental Affairs Bureau, Federal Communications Commission, 445 12th Street, S.W., Room CY-
A257, Washington, DC 20554. Copies may be purchased from the Commission’s duplicating contractor,
Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, S.W., Room CY-B402, Washington, DC
20554. Customers may contact BCPI through its web site,, by email at, by phone at (202) 488-5300 or (800) 378-3160, or by facsimile at (202) 488-5563.
Because of the policy implications and potential impact of this proceeding on persons not party to
the Application, it is 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, subsequent to the release of this Public Notice, ex parte presentations that are made
with respect to the issues involved in the subject waiver request 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).
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 & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

For further information, contact Mr. Rodney Conway of the Wireless Telecommunications
Bureau at (202) 418-1333 (voice), (202) 418-7233 (TTY), or via e-mail to
By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau.
- FCC -

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