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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  1919  M  STREET,  N.  W.  WASHINGTON,  D.  C.  20554  News  media  information  202/  418-  0500  Fax-  On-  Demand  202/  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 Released:  September  22,  2004 
 OFFICE  OF  ENGINEERING  AND  TECHNOLOGY  DECLARES  SAFEVIEW  REQUEST  FOR  A  WAIVER  OF  PART  15  TO  BE  A 
 "PERMIT-  BUT-  DISCLOSE"  PROCEEDING  FOR  EX  PARTE  PURPOSES 
 ET  Docket  No.  04-  373  DA  04-  3038 


 Comments  Due:  October  22,  2004  Reply  Comments  Due:  November  8,  2004 
 On  August  18,  2004,  SafeView,  Inc.  filed  a  request  for  a  waiver  of  Part  15  of  the  Commission’s  rules  to  permit  the  operation  of  a  swept  frequency  radar  that  would  be  used  at 
 locations  with  secured  entrances,  such  as  airports,  to  identify  weapons  or  contraband  on  a  person. 
 The  SafeView  radar  consists  of  two  vertical  masts  containing  192  transmit  antennas.  Each  antenna  element  in  turn  sweeps  from  24.25  GHz  through  30  GHz,  taking  6  microseconds  per  sweep. 
 The  masts  rotate  around  a  subject  over  a  2  second  interval.  SafeView  requests  a  waiver  of  Section  15.31(  c)  which  requires  swept  frequency  systems  to  be  measured  with  the  emission  sweep  stopped. 
 When  measured  in  this  fashion,  SafeView  indicates  that  the  equipment  will  comply  with  the  average  emission  limits  in  Section  15.209.  Safeview  also  requests  a  waiver  of  the  peak  emission  limit  in 
 Section  15.35(  b). 
 The  FCC’s  Office  of  Engineering  and  Technology  (OET)  is  reviewing  the  waiver  request.  OET  has  concluded  that  in  order  to  develop  a  complete  record  on  the  complex  issues  presented  by 
 this  request,  this  proceeding  will  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. 
 Pursuant  to  Sections  1.415  and  1.419  of  the  Commission's  rules,  47  C.  F.  R.  §§  1.415,  1.419,  interested  parties  may  file  comments  on  or  before  October  22,  2004,  and  reply  comments 
 on  or  before  November  8,  2004.  Comments  may  be  filed  using  the  Commission's  Electronic  Comment  Filing  System  (ECFS)  or  by  filing  paper  copies.  See  Electronic  Filing  of  Documents 
 in  Rulemaking  Proceedings,  63  Fed.  Reg.  24121  (1998). 
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 Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to  http://  www.  fcc.  gov/  e-  file/  ecfs.  html.  Generally,  only  one  copy  of  an  electronic  submission  must 
 be  filed.  In  completing  the  transmittal  screen,  commenters  should  include  their  full  name,  U.  S.  Postal  Service  mailing  address,  and  the  applicable  docket  [ET  Docket  No.  04-  373]  .  Parties 
 may  also  submit  an  electronic  comment  by  Internet  e-  mail.  To  get  filing  instructions  for  e-  mail  comments,  commenters  should  send  an  e-  mail  to  ecfs@  fcc.  gov,  and  should  include  the  following 
 words  in  the  body  of  the  message,  "get  form  <your  e-  mail  address."  A  sample  form  and  directions  will  be  sent  in  reply.  Parties  who  choose  to  file  by  paper  must  file  an  original  and  four 
 copies  of  each  filing. 
 Filings  can  be  sent  by  hand  or  messenger  delivery,  by  commercial  overnight  courier,  or  by  first-  class  or  overnight  U.  S.  Postal  Service  mail  (although  we  continue  to  experience  delays  in 
 receiving  U.  S.  Postal  Service  mail).  The  Commission's  contractor,  Natek,  Inc.,  will  receive  hand-  delivered  or  messenger-  delivered  paper  filings  for  the  Commission's  Secretary  at  236 
 Massachusetts  Avenue,  N.  E.,  Suite  110,  Washington,  D.  C.  20002.  The  filing  hours  at  this  location  are  8:  00  a.  m.  to  7:  00  p.  m.  All  hand  deliveries  must  be  held  together  with  rubber  bands 
 or  fasteners.  Any  envelopes  must  be  disposed  of  before  entering  the  building.  Commercial  overnight  mail  (other  than  U.  S.  Postal  Service  Express  Mail  and  Priority  Mail)  must  be  sent  to 
 9300  East  Hampton  Drive,  Capitol  Heights,  MD  20743.  U.  S.  Postal  Service  first-  class  mail,  Express  Mail,  and  Priority  Mail  should  be  addressed  to  445  12th  Street,  SW,  Washington,  D.  C. 
 20554. 
 All  filings  must  be  addressed  to  the  Commission's  Secretary,  Office  of  the  Secretary,  Federal  Communications  Commission. 


 The  full  text  of  the  waiver  request  is  available  for  inspection  and  copying  during  normal  business  hours  in  Room  CY-  A257,  445  12  th  Street,  SW,  Washington,  D.  C.,  and  may  also  be 
 purchased  from  the  Commission's  duplication  contractor,  Best  Copy  and  Printing,  Inc.,  (800)  378-  3160. 


 By  the  Chief,  Office  of  Engineering  and  Technology  Office  of  Engineering  and  Technology  contact:  John  A.  Reed  at  (202)  418-  2455. 
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