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 Federal  Communications  Commission  DA  03-  3880 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 


 Amendment  of  Parts  2,  73,  74  and  90  of  the  Commission’s  Rules  to  Permit  New  York 
 Metropolitan  Area  Public  Safety  Agencies  to  Use  Frequencies  at  482-  488 


 )  ) 
 )  ) 
 )  ) 


 ET  Docket  03-  158 
 MB  Docket  03-  159 


 ORDER  ADOPTING  PROTECTIVE  ORDER 
 Adopted:  December  3,  2003  Released:  December  4,  2003 
 By  the  Chief,  Media  Bureau: 
 1.  On  December  5,  2002,  the  Police  Department  of  the  City  of  New  York  (Department)  submitted  a  report  to  the  Commission  regarding  the  allocation  of  TV  channel  16  in  the  New 
 York  Metropolitan  area.  Accompanying  the  report  was  a  Technical  Report,  presented  in  both  a  redacted  and  complete  format  that  described  the  public  safety  communications  infrastructure  in 
 the  New  York  Metropolitan  area.  Subsequent  to  the  submission  of  the  report  the  Commission  commenced  the  above  proceedings.  1 


 2.  To  facilitate  resolution  of  these  proceedings,  The  Department  offered  on  November  13,  2003,  to  provide  interested  parties  who  have  submitted  comments  in  the  proceedings  access  to 
 the  Technical  Report,  conditioned  on  the  Commission’s  confirmation  that  “the  information  provided  be  treated  as  confidential  under  Sections  0.457  and  0.459  of  the  Commission’s  rules.  2 
 The  Department  states  that  the  information  is  entitled  to  confidential  treatment  because  of  the  need  to  protect  critical  systems,  facilities,  and  other  law  enforcement  assets  from  security 
 breaches  and  harm  and  that  the  release  of  this  information  would  endanger  the  life  or  physical  safety  of  law  enforcement  personnel  and  citizens. 


 3.  The  Comments  and  Reply  Comments  submitted  in  these  proceedings  indicate  the  requests  of  parties  to  review  the  Technical  Report.  It  is  appropriate  to  provide  this  information, 
 so  long  as  the  confidentiality  of  this  information  is  maintained  and  the  parties  agree  to  abide  by  the  conditions  contained  in  the  Commission’s  Order.  The  public  interest  will  be  served  by 
 issuing  the  attached  Protective  Order  (Appendix  A).  It  will  afford  parties  who  have  filed  Comments  and/  or  Reply  Comments  in  the  above  proceedings  access  to  the  information  while 
 maintaining  the  security  of  the  information.  Granting  the  attached  Protective 
 1  Notice  of  Proposed  Rulemaking  in  ET  Docket  No.  03-  158  and  MB  Docket  No.  03-  153,  FCC  03-  165,  released 
 July  10,  2003. 
 2  47  C.  F.  R.  §§  0.457  and  0.459 
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 Federal  Communications  Commission  DA  03-  3880 
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 Order  will  also  facilitate  the  prompt  resolution  of  the  issues  raised  in  this  proceeding. 
 4.  Parties  may  file  supplemental  comments  based  on  their  review  of  the  material  covered  by  the  protective  order.  Comments  are  due  December  29,  2003  and  Reply  Comments  are  due 
 January  5,  2004. 
 5.  ACCORDINGLY,  IT  IS  ORDERED,  that  the  request  for  confidential  treatment  is  GRANTED  consistent  with  the  attached  Protective  Order. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 W.  Kenneth  Ferree  Chief,  Media  Bureau 
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