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PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 12TH STREET, S.W.
WASHINGTON, D.C. 20554                                 DA 99-2002

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov
                                   

                                        Released: September 28, 1999 

      Wireless Telecommunications Bureau Seeks Comment on 
Emergency Request for Limited Exception to the Application Freeze for the 928/952/956 MHz
                Multiple Address Systems Bands 

                    CORRECTED PUBLIC NOTICE


Comment Date:  October 7, 1999                    Reply Date: October 18, 1999  

This public notice supersedes the public notice entitled Wireless Telecommunications Bureau Seeks
Comment on Emergency Request for Limited Exception to the Application Freeze for the 928/952/956
MHz Multiple Address Systems Bands, DA 99-1964, released on September 22, 1999.  

On July 23, 1999, the United Telecom Council, the American Petroleum Institute and the Association of
American Railroads (collectively, CII Petitioners) filed an emergency request for limited exception to the
application freeze in the 928/952/956 MHz Multiple Address Systems (MAS) bands implemented by the
MAS Further Notice of Proposed Rule Making and Order.  

Formerly, only applications proposing to provide subscriber-based MAS services in the 928/952/956 MHz
bands had been frozen.  The freeze was expanded because the MAS Further Notice of Proposed Rule
Making and Order sought comment on using competitive bidding procedures to assign licenses to provide
non-subscriber based MAS services.  The CII Petitioners argue that the expansion of the freeze serves no
purpose and will adversely affect public safety.  They state that a freeze in the 928/952/956 MHz band
pending the outcome of the MAS proceeding is unnecessary because the Commission does not have the
statutory authority to auction MAS licenses for CII applicants, and they urge the Commission to lift the
freeze.  Additionally, the CII Petitioners emphasize that continuous access to MAS frequencies will enable
users to upgrade and improve system reliability and ultimately allow them to meet their public safety
obligations.        

We believe that it would be in the public interest to treat this case as a permit-but-disclose proceeding
under the ex parte rules because of the policy implications and the potential impact of this proceeding on
other proceedings, as well as, persons not parties to this petition.  Therefore, any ex parte presentations
that are made with respect to the issues involved in this petition, subsequent to the release of this Public
Notice, will be permissible but must be disclosed in accordance with the requirements of Section 1.1206(b)
of the Commission's Rules.

Interested parties may file comments on the CII Petitioners Emergency Request no later than October 7,
1999.  Parties interested in submitting reply comments must do so no later than October 18, 1999.  All
comments should reference CII Petitioners Emergency Request, and DA 99-1964, and should be filed with
the Office of 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 Service, Inc.
(ITS), 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800 and to Shellie Blakeney, Federal
Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless
Division, 445 Twelfth Street, S.W., Room 3-A223, Washington, D.C. 20554.  Copies are also available
for public inspection during regular business hours in the Public Safety and Private Wireless Division,
Wireless Telecommunications Bureau, 445 Twelfth Street, S.W., Room 4-C330, Washington, D.C. 20554.

For further information, contact Shellie Blakeney of the Public Safety and Private Wireless Division at
(202) 418-0680.

By the Chief, Public Safety and Private Wireless Division