PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-221 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: February 6, 1998 OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES U.S. RADAR INC. REQUEST FOR A WAIVER OF PART 15 FOR A GROUND PENETRATING RADAR TO BE A "PERMIT-BUT-DISCLOSE" PROCEEDING FOR EX PARTE PURPOSES On January 29, 1998, U.S. Radar Inc. filed a petition for waiver of several sections of Part 15 of the rules in order to permit the authorization, importation and operation of an ultra-wideband, ground- penetrating impulse radar. While the bandwidth employed by the radar can occupy up to several gigahertz of spectrum, the antennas employed are centered at 250 MHz, 500 MHz, 1 GHz, or 2 GHz. U.S. Radar seeks to operate in the restricted bands, shown in Section 15.205, and in the TV broadcast bands, prohibited under Section 15.209(a). Because the signals are directed into the ground and the device is shielded, U.S. Radar claims that the radiated signals fully comply with the general emission limits in Section 15.209. A proximity detector and a "dead man's handle" ensure that the transmitter will cease operation if it is not in contact with the ground. The Office of Engineering and Technology (OET) is reviewing the request to determine whether a waiver of the rules should be granted. OET seeks comments from interested parties concerning this request. OET has concluded that in order to permit a fuller exchange on the complex issues under consideration in this proceeding, it should be treated, for ex parte purposes, as a "permit-but-disclose" proceeding, in accordance with Section 1.1200(a) of the Commission's rules, and is subject to the requirements under Section 1.1206(b) of the rules. Parties should note that these rule sections were revised in a recent Report and Order, GC Docket No. 95-21, 62 Fed. Reg. 15852 (April 3, 1997). Interested parties filing comments or oppositions to this petition are invited to do so no later than March 9, 1998. Parties filing replies may do so by March 24, 1998. The full text of the waiver request is available for inspection and copying during normal business hours in the OET Reception Area, Suite 480, 2000 M Street, N.W., Washington, D.C., and may also be purchased from the Commission's duplication contractor, International Transcription Service, (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. By the Chief, Office of Engineering and Technology Office of Engineering and Technology contact: John A. Reed at (202) 418-2455.