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 Federal  Communications  Commission  DA  05-  645 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 The  Region  24  (Missouri)  700  MHz  Regional  Committee  Proposed  Public  Safety  Plan 


 The  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State 
 and  Local  Public  Safety  Agency  Communication  Requirements  through  the  Year  2010 


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 WT  Docket  No.  02-  378 
 WT  Docket  No.  96-  86 


 ORDER 
 Adopted:  March  10,  2005  Released:  March  11,  2005 
 By  the  Deputy  Chief,  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau: 


 1.  We  have  before  us  a  request  filed  on  March  7,  2005  by  the  Region  24  (Missouri)  Regional  Planning  Committee  (Region  24)  to  withdraw  the  petition  for  reconsideration  it  filed  on  April  7, 
 2004.  1  For  reasons  set  forth  below,  we  grant  Region  24’s  request. 
 2.  By  way  of  background,  in  1998,  the  Commission  adopted  a  band  plan  for  the  764-  776/  794-  806  MHz  (700  MHz)  public  safety  band,  and  established  a  structure  to  allow  regional  planning 


 committees  (RPCs)  maximum  flexibility  to  meet  state  and  local  needs,  encourage  innovative  use  of  the  spectrum,  and  accommodate  new  and  as  yet  unanticipated  developments  in  technology  and  equipment.  2 
 Each  regional  plan  must  contain  certain  elements  3  and  must  be  coordinated  with  adjacent  regions.  4  Regional  plans  and  plan  amendments  must  be  submitted  to  the  Commission  for  review  and  approval.  On 
 September  16,  2003,  Region  24  submitted  for  Commission  approval  a  proposed  plan  for  the  use  of  the  12.5  megahertz  of  spectrum  in  the  700  MHz  public  safety  band  designated  for  General  Use.  5 


 3.  On  March  29,  2004,  the  Wireless  Telecommunications  Bureau,  Public  Safety  and  Critical  Infrastructure  Division  (Division)  denied  Region  24’s  request  for  waiver  of  Section  90.527(  a)(  5)  of  the 
 Commission’s  Rules  6  to  permit  the  filing  of  the  plan  without  coordination  from  all  adjacent  regions.  The  Division  dismissed  the  plan  without  prejudice  and  suggested  that  Region  24  submit  a  revised  plan  that 
 would  resolve  the  deficiencies  noted  therein.  7  On  April  7,  2004,  Region  24  filed  a  petition  for 
 1  See  Region  24  (Missouri)  Motion  to  Withdraw  Petition  for  Reconsideration,  WT  Docket  02-  378,  filed  Mar.  7,  2005 
 (Motion  to  Withdraw).  2 
 See  47  C.  F.  R.  §  90.  527;  see  also  The  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and  Local  Public  Safety  Agency  Communication  Requirements  through  the  Year  2010, 


 WT  Docket  No.  96-  86,  First  Report  and  Order  and  Third  Notice  of  Proposed  Rulemaking,  14  FCC  Rcd  152  (1998)  (First  Report  and  Order). 
 3  First  Report  and  Order,  14  FCC  Rcd  at  193-  94  ¶  84. 
 4  Id.  at  195  ¶  87. 
 5  See  Region  24  700  MHz  Regional  Planning  Committee  Plan,  WT  Docket  02-  378  (filed  Sept.  16,  2003). 
 6  See  47  C.  F.  R.  §  90.  527(  a)(  5). 
 7  See  Letter  dated  Mar.  29,  2004  from  D’wana  R.  Terry,  Chief,  Public  Safety  and  Critical  Infrastructure  Division,  to 
 Stephen  T.  Devine,  Chairman,  Region  24  700  MHz  Planning  Committee. 
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 Federal  Communications  Commission  DA  05-  645 
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 reconsideration  of  the  Division’s  decision. 
 4.  On  March  7,  2005,  Region  24  filed  a  request  to  withdraw  the  petition  for  reconsideration.  Region  24  states  that  it  has  made  the  modifications  and  amendments  to  its  700  MHz  plan,  based  on  the 


 Division’s  letter  of  return,  and  will  resubmit  a  plan,  along  with  the  adjacent  state  concurrences.  8  We  have  reviewed  the  request,  and  conclude  that  it  would  be  in  the  public  interest  to  permit  Region  24  to  withdraw 
 its  petition  for  reconsideration. 
 5.  Accordingly,  IT  IS  ORDERED  pursuant  to  Section  4(  i)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  154(  i),  and  Section  1.  8  of  the  Commission’s  Rules,  47  C.  F.  R.  §  1.8,  that 


 the  Region  24  (Missouri)  Withdrawal  of  Petition  for  Reconsideration  IS  GRANTED. 
 6.  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 


 Scot  Stone  Deputy  Chief,  Public  Safety  and  Critical  Infrastructure  Division 
 Wireless  Telecommunications  Bureau 


 8  See  Motion  to  Withdraw  at  2. 
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