*Pages 1--2 from Microsoft Word - 59138.doc* 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 06- 1649 Released: August 17, 2006 OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES THE RAIL NETWORK INC. REQUEST FOR A WAIVER OF PART 15 TO BE A "PERMIT- BUT- DISCLOSE" PROCEEDING FOR EX PARTE PURPOSES AND REQUESTS COMMENTS ET Docket No. 06- 161 Comments Date: September 18, 2006 Reply Comments Date: October 3, 2006 On June 23, 2006, The Rail Network Inc. (“ TRN”) filed a request for a waiver of Part 15 of the Commission’s rules to permit an increase in the emission level permitted under Section 15.209 for unlicensed operation in the 88- 108 MHz FM broadcast band. TRN’s system would provide information to passengers in mass transit rail cars. The audio would be distributed using up to seven channels in the FM broadcast band. Section 15.209 permits operation within the 88- 108 MHz band at an emission limit of 150 uV/ m, as measured at 3 meters. TRN requests that its transmitters be permitted to operate at an emission level of 87 dBuV/ m, equivalent to 22.4 mV/ m. TRN states that grant of this waiver would facilitate the public’s access to critically important information and would enhance public ridership by making travel more attractive and efficient without causing harm to licensed facilities. 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 September 18, 2006, and reply comments on or before October 3, 2006. 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 1 2 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. 06- 161]. 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