*Pages 1--3 from Microsoft Word - 52496.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 05- 2761 Released October 21, 2005 WIRELESS TELECOMMUNICATIONS BUREAU REQUESTS COMMENT ON NEXTEL PARTNERS PETITION FOR LIMITED WAIVER OF THE DECEMBER 31, 2005 DEADLINE TO ACHIEVE NINETY- FIVE PERCENT PENETRATION OF LOCATION- CAPABLE HANDSETS AMONG ITS SUBSCRIBERS WT Docket No. 05- 302 Comments Due: November 4, 2005 Reply Comments Due: November 14, 2005 By this Public Notice, we seek comment on a petition for limited waiver filed October 17, 2005 by Nextel Partners, Inc. (Nextel Partners) 1 seeking relief from the requirement that it achieve ninety- five percent penetration of location- capable handsets among its subscribers by December 31, 2005, as required by Section 20. 18( g)( 1)( v) of the Commission’s Rules (Ninety- five Percent Penetration Rule). 2 Specifically, Nextel Partners seeks to defer its obligation to comply with the Ninety- five Percent Penetration Rule until December 31, 2007. 3 Nextel Partners states it seeks an extension as a result of difficulties in converting customers being served on its integrated Digital Enhanced Network (“ iDEN”) network to GPS- enabled devices. 4 In support of its request, Nextel Partners also cites to the following factors: delay in the initial availability of GPS- enabled handsets for its iDEN network, 5 the occurrence of a latent software defect that disabled GPS functionality in a number of iDEN devices already on its network, 6 customer unwillingness to upgrade to new location- capable handsets, 7 the churn rate of its 1 See Petition for Limited Waiver of Nextel Partners, Inc., CC Docket No. 94- 102 (filed Oct. 17, 2005) (Nextel Partners Petition). 2 47 C. F. R. § 20. 18( g)( 1)( v). 3 See Nextel Partners Petition at 4- 5. 4 See id. at i- ii. 5 See id. at i, 16. 6 See id. at ii, 19- 22. 7 See id. at ii- iii, 17. 1 3 o The Commission’s contractor will receive hand- delivered or messenger- delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 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. o 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. o U. S. Postal Service first- class, Express, and Priority mail should be addressed to 445 12 th Street, SW, Washington DC 20554. Copies of this public notice and the petition noted herein will be posted on the web at http:// gullfoss2. fcc. gov/ prod/ ecfs/ comsrch_ v2. cgi and will be available for public inspection and duplication during regular business hours in the FCC Reference Information Center, 445 12th Street, SW, Room CY- A257, Washington, DC 20554. Copies of the comments and other filings in this docket also may be obtained from the Commission’s duplicating contractor, Best Copy and Printing, Inc. in person at 445 12th Street, SW, Room CY- B402, Washington, DC 20554, via telephone at (202) 488- 5300 or (800) 378- 3160, via facsimile at (202) 488- 5563, or via e- mail at fcc@ bcpiweb. com. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e- mail to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at 202- 418- 0530 (voice), 202- 418- 0432 (tty). This proceeding is designated as a “permit- but- disclose” proceeding in accordance with the Commission’s ex parte rules. 13 Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. 14 Other rules pertaining to oral and written ex parte presentations in permit- but- disclose proceedings are set forth in Section 1.1206( b) of the Commission’s rules. 15 For further information, contact David Siehl, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, at (202) 418- 0680. -FCC- 13 47 C. F. R. §§ 1. 1200( a), 1. 1206. 14 47 C. F. R. § 1.1206( b). 15 Id. 3