[Federal Register: January 20, 1999 (Volume 64, Number 12)]
[Notices]               
[Page 3103-3104]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja99-71]

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FEDERAL COMMUNICATIONS COMMISSION

[DA 99-106]

 
Commonwealth of Pennsylvania and GPU Energy To Permit Sharing of 
a Statewide 800 MHz System

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Public Safety and Private Wireless Division of the 
Wireless Telecommunications Bureau invited the public to comment on a 
request for waiver by the Commonwealth of Pennsylvania and GPU Energy 
to permit sharing of a statewide 800 MHz system by Public Safety and 
Industrial/Land Transportation eligibles. This action was taken to 
provide the public, as well as the Commission's licensees, with an 
opportunity to comment on the waiver request. Release of the Public 
Notice will ensure that interested parties have an opportunity to 
participate in the Commission decision on whether to grant the subject 
waiver request.

DATES: Comments must be filed on or before February 4, 1999, and reply 
comments on or before February 19, 1999.

FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden, Public Safety 
and Private Wireless Division, Wireless Telecommunications Bureau, 
(202) 418-0680 or via E-Mail to fthyden@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Public Safety and 
Private Wireless Division's Public Notice, DA 99-106, adopted January 
5, 1999, and released January 5, 1999. The full text of this Public 
Notice is available for inspection and copying during normal business 
hours in the Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, 2025 M Street, N.W., Washington D.C. The 
complete text may be purchased from the Commission's copy contractor, 
International Transcription Service, Inc., 2100 M Street, Suite 140, 
Washington, D.C. 20037, telephone (202) 857-3800. This will impose no 
paperwork burden on the public.

Summary of Order

    1. On August 17, 1998, Metropolitan Edison Company, Pennsylvania 
Electric Company and Jersey Central Power & Light Company, collectively 
trading as GPU Energy (GPU), and the Commonwealth of Pennsylvania 
(Commonwealth) filed a Request for Waiver of 47 CFR 90.179(a). The 
request seeks permission for eligibles in the Public Safety Pool and in 
the Industrial/Land Transportation (I/LT) Category to operate and 
utilize a statewide, 800 MHz conventional and trunked Public Safety/
Power Radio Service radio system on a non-profit, cost shared basis.
    2. GPU is currently licensed to operate 800 MHz I/LT facilities 
under the call signs WPDC939, WPDC922, WPDC935 and WPDC931. The 
Commonwealth has been issued licenses for conventional and trunked 
channels in the Public Safety Radio Pool. GPU and the Commonwealth 
request a waiver in order to share a Power Radio Service system, which 
is in the I/LT category, with a Public Safety Radio system. They 
request this waiver because 47 CFR 90.179(a) provides that a licensee 
may share its radio station only with users that would be eligible for 
a separate authorization to use those frequencies. Public safety 
entities are not eligible to be licensed on 800 MHz I/LT Category 
spectrum. Similarly, I/LT licensees are not eligible to be licensed

[[Page 3104]]

on 800 MHz Public Safety Radio Pool spectrum.
    3. In their waiver request, GPU and the Commonwealth submit that 
the benefits of sharing this 800 MHz radio system will include rapid 
deployment of a Public Safety/Industrial/Business system that will 
transmit reliable communications between state and local agencies 
throughout Pennsylvania. Also, they assert that a unified system will 
achieve significant spectrum efficiencies.
    4. Requests for waiver of the Commission's rules are subject, 
unless otherwise provided, to treatment by the Commission as restricted 
proceedings for ex parte purposes under 47 CFR 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 47 CFR 1.1200(a), 1.1206. Therefore, any ex 
parte presentations that are made with respect to the issues involved 
in the subject Request for Waiver, subsequent to the release of this 
Public Notice, will be permissible but must be disclosed in accordance 
with the requirements of 47 CFR 1206(b).

Federal Communications Commission.
D'wana R. Terry,
Chief, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau.
[FR Doc. 99-1157 Filed 1-19-99; 8:45 am]
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