PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 99-537 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: March 18, 1999 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY SAN MATEO COUNTY, CALIFORNIA, TO OBTAIN A LICENSE FOR THIRTY-ONE FREQUENCIES ALLOCATED FOR PAGING CONTROL OPERATIONS Comment Date: March 29, 1999 Reply Comment Date: April 5,1999 On January 28, 1999, the County of San Mateo, California ("San Mateo County" or "the County") filed applications and a Request for Waiver ("Waiver Request") of Section 22.621 of the Commission's Rules, 47 C.F.R.  22.621. San Mateo County requests a waiver to permit it to use thirty-one frequencies for public safety purposes that are now allocated for point-to-multipoint paging control operation in the San Francisco, California, area. The County states that these thirty-one frequencies are currently unassigned and it proposes to utilize this spectrum in the form of thirteen narrowband (12.5 kHz) channel pairs. The County requests waiver of Section 22.621, and any other Commission rules necessary to grant its applications, pursuant to Section 337(c) of the Communications Act of 1934, as amended, 47 U.S.C.  337(c). Section 337(c) states that the Commission shall grant an application by an entity seeking to provide public safety services to the extent necessary to permit the use of unassigned frequencies, if the Commission makes five specific findings: (1) no other spectrum allocated for public safety use is immediately available; (2) there will be no harmful interference to other spectrum users entitled to protection; (3) public safety use of the frequencies is consistent with other public safety spectrum allocations in the geographic area in question; (4) the unassigned frequencies were allocated for their present use not less than two years prior to the grant of the application at issue; and (5) the grant of the application is consistent with the public interest. "Public safety services" are defined by 47 U.S.C. 337(f)(1) as services, the sole or principal purpose of which is to protect the safety of life, health, or property, that are provided by state or local governmental entities or by non- governmental entities authorized by the governmental entity whose primary mission is the provision of such services, and that are not made commercially available to the public by the provider. San Mateo County avers that the subject spectrum will be used to provide "public safety services" as defined by Section 337(f)(1), because it is a local governmental entity proposing a trunked system to serve its Sheriff's Department, Park Police, Emergency Medical Services Department, and perhaps other public safety agencies within the county. The County states that the public safety services at issue will not be made commercially available to the public by the County and that its application meets the other requirements of Section 337(c) in the following particulars: (a) no existing, suitable frequencies allocated to public safety are available to satisfy the requested public safety service use; (b) no harmful interference to other Commission licensees will occur and the County's proposed channel plan preserves a "guard" channel to avoid any potential for harmful interference; (c) use of the subject frequencies for public safety services is consistent with other allocations for the provision of such services in the geographic area for which the application is made because the requested frequencies are part of the 470-512 MHz band, which is already used extensively for public safety operations in the San Francisco area; (d) the Commission allocated the subject frequencies for paging control operations over five years prior to the date of the filing of the Request; and (e) the public interest will be served because the proposed system will allow the County to provide effective and efficient communications capability for its public safety communications operations whereas absent a waiver, the County will continue to face severe limitations in its ability to protect the safety of life, health and property. Interested parties may file comments on the Waiver Request on or before March 29, 1999. Parties interested in submitting reply comments must do so on or before April 5, 1999. All comments should reference the subject Waiver Request including the designated DA number, and should be filed with the Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, S.W., TW-325, 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 Peter J. Daronco, Federal Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, Policy and Rules Branch, 445 Twelfth Street, S.W., Room 4-C431, Washington, D.C. 20554. The full text of the Waiver Request, comments, and reply comments will be 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 Twelfth Street, S.W., Room 4-C207, Washington, D.C. 20554. Copies also may be obtained from ITS. 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 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, 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.  1206(b). For further information, contact Peter J. Daronco of the Policy and Rules Branch of the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau at (202) 418-7235 or via E-Mail to >pdaronco@fcc.gov<. By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau - FCC -