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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** DA 00-1698 Released: July 31, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST OF CITY OF DENTON, TEXAS FOR WAIVER TO PERMIT RELOCATION OF 800 MHZ GENERAL CATEGORY STATION WNGC433 Comment Date: August 15, 2000 Reply Comment Date: August 25, 2000 On July 14, 2000, City of Denton, Texas (Denton) filed an application to modify its license for Station WNGC433 to relocate the tower. Denton concurrently requested a waiver of the 800 MHz General Category freeze, and of Section 90.621 of the Commission's Rules, 47 C.F.R.  90.621, to permit short- spacing by Denton. Denton is licensed for three General Category frequency pairs and five Industrial/Land Transportation frequency pairs in the 800 MHz band. This system serves 831 mobile and portable units and is used by Denton's police, fire and medical teams. Denton states that it must relocate its site because its areas of coverage have changed and it can no longer achieve reliable emergency radio coverage from its current transmission location. Denton further states that it has determined that the solution to its coverage problems is to relocate the transmission site 3.3 miles to the west to allow it to serve the outlying areas, as well as fill-in the coverage gaps within the city itself. The General Category freeze was announced on October 5, 1995 and prohibits the filing of new applications, including applications for modification that change an existing station's service area, for General Category channels. Licensing of General Category Frequencies in the 806-809.750/851-854.750 MHz Bands, Order, 10 FCC Rcd 13190 (WTB 1995). Denton requests waiver of the freeze to allow consideration of its application for modification. In order to relocate the tower site, Denton also requires a waiver of Section 90.621(b) of the Commissions Rules, 47 C.F.R  90.621(b), which governs the permissible distance between co-channel systems to protect against interference. Denton's system is currently short-spaced to stations licensed to Nextel of Texas (Nextel) and American Electric Power, Inc. (AEP). The proposed relocation would create an additional short-spacing to these systems. Attached to the Request for Waiver are letters from Nextel and AEP consenting to the proposed relocation. Interested parties may file comments on Denton's Request for Waiver on or before August 15, 2000. Parties interested in submitting reply comments must do so on or before August 25, 2000. All comments and reply comments should reference Denton's Request for Waiver with the designated DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. A copy of each filing should be sent to International Transcript Services, Inc. (ITS), 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857- 3800 and to Brian O'Donnell, Federal Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, 445 12th Street, S.W., Room 3-C400, (202) 418-2135. The full text of the Request for Waiver, comments, and reply comments are available for inspection and duplication during regular business hours in the Reference Information Center (RIC) of the Consumer Information Bureau, Federal Communications Commission, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. Copies also may be obtained from ITS. For further information concerning the public reference file for this Request for Waiver, contact Maria Ringold, Chief, Wireless Branch, RIC, (202) 418-1350. 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 persons not party 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 47 C.F.R.  1.1200(a), 1.1206. Therefore, subsequent to the release of this Public Notice, any ex parte presentations that are made with respect to the issues involved in the subject Request for Waiver 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). For further information, contact Brian O'Donnell of the Policy and Rules Branch of the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau at (202) 418-2135 or via e-mail at bodonnel@fcc.gov. By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau.