*Pages 1--2 from Microsoft Word - 43045* 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 DA 04- 3262 Released: October 15, 2004 OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES GEOPHYSICAL SURVEY SYSTEMS, INC. REQUEST FOR A WAIVER OF PART 15 TO BE A "PERMIT- BUT- DISCLOSE" PROCEEDING FOR EX PARTE PURPOSES ET Docket No. 04- 374 Comments Due: November 5, 2004 Reply Comments Due: November 22, 2004 On October 13, 2004, Geophysical Survey Systems, Inc. (“ GSSI”) filed a request for a waiver of Part 15 of the Commission’s rules to permit the higher power operation of ultra- wideband (“ UWB”) non- contact ground penetrating radars (“ GPRs”). Such GPRs are pulled behind vehicles and are used to test broad or lengthy surfaces such as highways, railroad beds and runways to detect flaws in those structures. GSSI states that a waiver of the regulations is necessary to permit its GPRs to be pulled at highway speeds. GSSI indicates that these GPRs must operate at center frequencies of 1 GHz and 2 GHz at the levels specified in Section 15.209 of the Commission’s rules. GSSI agrees to limit production and sale within the U. S. of such GPRs to no greater than 100 units per year. It also agrees that the GPRs should be registered with the Commission, pursuant to Section 15.525, and that the GPRs should not be operated within 500 meters of a major airport without advance coordination. 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. On July 6, 2004, Wavebounce filed an almost identical request for a waiver of Part 15 of the Commission’s rules. Comments to the Wavebounce request are being sought under ET Docket No. 04- 374. Because of the similarities between these two petitions, we are incorporating the GSSI petition under the same docket number. We also are extending the comment periods for 14 days so that comments directed towards the GSSI waiver request may be obtained. 1 2 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 November 5, 2004, and reply comments on or before November 22, 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). 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- 374] . 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