*Pages 1--2 from Microsoft Word - 11728.doc* Federal Communications Commission DA 01- 1744 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of JERSEY CITY, NEW JERSEY, POLICE DEPARTMENT Application and Waiver Request Pursuant to Section 337 (c) of the Communications Act of 1934, as amended, and Section 1.925 of the Commission’s Rules for Use of Certain Public Land Mobile Channels ) ) ) ) ) ) ) ) File No. 0000472841 ORDER Adopted: July 20, 2001 Released: July 23, 2001 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. On July 19, 2001, the Port Authority of New York and New Jersey (“ Port Authority”) and the City of Jersey City, New Jersey, Police Department (“ Jersey City”) filed a joint motion for extension of time (Joint Motion) 1 to file comments in the above- captioned matter. For the reasons discussed herein, we grant the Joint Motion. 2. On June 19, 2001, we released a public notice requesting comments on the Jersey City’s above- captioned waiver request; comments were due on June 29, 2001, and reply comments were due on July 5, 2001. 2 3. Jersey City’s application and waiver request conflicts with an application and waiver request filed by Port Authority. 3 Jersey City opposes Port Authority’s application and waiver request. 4 1 Port Authority and Jersey City Joint Motion for Extension of Time (Joint Motion) (filed July 19, 2001). 2 See, Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by the Jersey City, New Jersey, Police Department to Obtain a Public Safety License for Eighteen UHF Paging Control Frequencies, Public Notice, DA 01- 1422 (rel. June 19, 2001). 3 In the Matter of the Port Authority of New York and New Jersey, Application and Waiver Request Pursuant to Section 337( c) of the Communications Act of 1934, as amended, and Section 1. 925 of the Commission’s Rules for Use of Certain Public Land mobile Channels (File No. 0000406695); see also, Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by the Port Authority of New York and New Jersey to Obtain a License for Twelve Unassigned UHF Paging Control Frequencies, Public Notice, DA 01- 910 (rel. April 11, 2001). 4 Opposition of the City of Jersey City, New Jersey (filed April 20, 2001). 1 Federal Communications Commission DA 01- 1744 2 4. On June 26, 2001, Port Authority filed an initial Motion for Extension of Time. 5 The Motion requested that we extend the time to file comments by three weeks, from June 29, 2001, to July 20, 2001, in order for the Port Authority to analyze and respond fully to Jersey City’s waiver request. The Commission granted that Motion, extending the deadline for filing comments to July 20, 2001, and the deadline for filing reply comments to comments to July 27, 2001. 6 5. On July 19, 2001, Port Authority and Jersey City filed a Joint Motion, indicating that discussions between the two parties have been positive and have resulted in a mutually acceptable framework for resolving differences. 7 6. While the Commission does not routinely grant motions for extension of time, 8 in light of the complexity of public safety spectrum issues in the New York City metropolitan area, we believe that Port Authority and Jersey City have presented good cause for the requested extension. As we noted in granting the initial Motion, we are particularly persuaded by the parties’ statement that such extension will facilitate discussion between the parties representing Port Authority and Jersey City, with the hope of resolving the differences between the parties. In view of the foregoing, we conclude that granting the Motion would serve the public interest. 7. Accordingly, IT IS ORDERED that, pursuant to Section 4( i) of the Communications Act of 1934, as amended, 47 U. S. C. § 154( i), and Section 1.46 of the Commission’s Rules, 47 C. F. R. § 1. 46, the Joint Motion for Extension of Time filed by the Port Authority of New York and New Jersey and the Jersey City, New Jersey, Police Department on July 19, 2001, IS GRANTED. 8. IT IS FURTHER ORDERED that the deadline date for filing comments filed in the above- captioned matter pursuant to the Public Notice, DA 01- 1422, is August 10, 2001, and the deadline for filing reply comments to comments received is August 17, 2001. 9. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C. F. R. §§ 0. 131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau 5 Port Authority Motion for Extension of Time (Motion) (filed June 26, 2001). 6 Order, DA 01- 1545. 7 Joint Motion at 1. 8 47 C. F. R. § 1. 46( a). 2