********************* ********************* ************** 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 98-2206 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: October 28, 1998 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEXTEL COMMUNICATIONS, INC. WAIVERS REQUESTS ASSOCIATED WITH ITS PROPOSED ACQUISITION OF PRIVATE MOBILE RADIO SERVICE BUSINESS CHANNELS Comment Date: November 26, 1998 Reply Date: December 11, 1998 We have before us 54 Requests for Waiver submitted by Nextel Communications, Inc. (Nextel) in conjunction with applications to seek FCC consent to assignment of Part 90 Private Mobile Radio Service (PMRS) Business channels from various entities to Nextel. In its waiver requests, Nextel indicates that it desires to utilize these frequencies for Commercial Mobile Radio Service (CMRS) use in its 800 MHz Specialized Mobile Radio (SMR) systems. Specifically, Nextel seeks waiver of Sections 90.617 and/or 90.619 of the Commission Rules, 47 C.F.R.  90.617, 90.619. Section 90.617(c) of the Commission's Rules describes which channels are available for Business Radio Category applicants in the 800 MHz band. This section also prohibits SMR operation on these channels. Section 90.619(b) specifies 800 MHz channels available in the U.S./Canada border area, including which channels are available for Business Radio Category applicants. This section also prohibits SMR operation outside the SMR category. Nextel seeks a waiver of Section 90.617(c) to convert Business channels to SMR use. Similarly, Nextel seeks a waiver of Section 90.619(b) to convert Business channels in the U.S./Canada border areas to SMR use. Nextel requests waivers to allow conversion of PMRS business channels to SMR use for possible relocation of PMRS licensees that are incumbents on the upper 200 channels of the SMR Category, or to fulfill the increasing demand for Nextel's digital CMRS services. Nextel was the winning bidder for 475 Economic Areas (EAs) for the upper 200-channels in the 800 MHz band. 47 C.F.R.  90.699 permits an EA licensee to relocate incumbent licensees in an EA by providing comparable facilities on other frequencies in the 800 MHz band. Nextel asserts that these requests for waivers will not contravene the Commission's desire to preserve the availability of unused channels for non- commercial and public safety users. Nextel also suggests that its waiver requests will further the public interest by encouraging market-driven, voluntary relocation arrangements and allowing licensees to act in their best economic interests. To obtain a waiver of the Commission's Part 90 Rules, a petitioner must demonstrate that its circumstances are unique, that good cause exists to justify the requested relief, and that there is no reasonable solution within the existing rules. We seek comment as to whether grant of the waivers would further the public interest. Commenters should address the sufficiency of the showing made in support of these waiver requests and the public interest ramifications of granting these requests. Commenters are also encouraged to discuss what implications, if any, consideration of these waivers may have for private wireless spectrum management and/or for accommodating the future growth of CMRS providers. Interested parties may file comments on Nextel's Request for Waiver on or before November 26, 1998. Parties interested in submitting reply comments must do so on or before December 11, 1998. All comments should reference Nextel's Requests for Waivers with the DA number of this Public Notice (DA 98-2206), and should be filed with the Office of the Secretary, Federal Communications Commission, 1919 M St., N.W., Room 222, Washington, D.C. 20554. Beginning Friday, October 30, 1998, the new address for the Secretary's office is 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 St., N.W., Washington, D.C. 20036, (202) 857-3800, and to Karen Franklin, Federal Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, 2025 M St., N.W., Room 8010, (202) 418-0680 or via e-mail to kfrankli@fcc.gov. This is a permit-but-disclose proceeding. Ex parte presentations are permitted provided that they are disclosed as specified in the Commission's Rules. The full text of the Requests for Waivers, comments, and reply comments are available for public inspection and duplication during regular business hours in the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau, Federal Communications Commission, 2025 M St., N.W., Room 8010, Washington, D.C. 20554. Copies also may be obtained from ITS, 1231 20th St., N.W., Washington, D.C. 20036, (202) 857-3800. For further information, contact Karen Franklin of the Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau at (202) 418-0680 or via e-mail to kfrankli@fcc.gov. By the Chief, Wireless Telecommunications Bureau. -FCC-