PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 12-304 Released: February 29, 2012 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST BY ALTAPHON, INC. FOR WAIVER OF CERTAIN PAGING AND RADIOTELEPHONE SERVICE RULES WT Docket No. 12-50 Comment Date: March 30, 2012 Reply Comment Date: April 16, 2012 By this Public Notice, we seek comment on the request of Altaphon, Inc. (Altaphon) for waiver of Section 22.531 of the Commission’s Rules1 relating to the Paging and Radiotelephone Service.2 Altaphon holds the licenses for Call Signs WPZM691 through WPZM770, which authorize use of six or more low VHF channels3 to provide one-way paging service in each of eleven geographic license areas in Washington, Oregon, California, Nevada, Utah, and Arizona. It requests a waiver to permit it to operate mobile transmitters as well as base transmitters so that it may provide a range of services including conventional radiotelephone and dispatch service, public safety facilities monitoring and interoperability gateway services. Altaphon asserts that the one-way paging service in general has attracted fewer users recently with the advent of readily available cellular telephone service, and existing nationwide networks of paging transmitters in the 900 MHz band provide service to nearly all suburban and urban paging customers at low cost. It argues that the one significant gap in coverage is in rural and remote areas where there is insufficient demand for cellular-type service but the long-range propagation characteristics of lower VHF frequencies would permit economical operation. Altaphon believes that there are no technical or administrative reasons why mobile operation cannot be permitted on these frequencies. Procedural Matters Comments are due no later than March 30, 2012. Reply comments are due no later than April 16, 2012. All filings should reference the docket number of this proceeding, WT 12-50. This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules.4 Persons making ex parte presentations must file a copy of any written 1 47 C.F.R. § 22.531. 2 Petition for Waiver of 47 CFR 22.531 (filed Aug. 7, 2007). 3 See 47 C.F.R. § 22.531 introductory paragraph. 4 See 47 C.F.R. §§ 1.1200(a), 1.1206. 2 presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. The waiver request can be accessed electronically via the Commission’s Universal Licensing System, http://wireless.fcc.gov/uls, under Altaphon’s Part 22 VHF/UHF Paging Service call signs. The request, and comments and reply comments filed in response to this Public Notice, will be available for public inspection and copying in the Commission's Reference Center, Room CY-A257, 445 12th Street, S.W., Washington, D.C. 20554, and via the Commission's Electronic Comment Filing System (ECFS) by entering the docket number, WT 12-50. Copies of the request are also available from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile (301) 816-0169, e-mail FCC@BCPIWEB.com. Comments may be filed using the 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/cgb/ecfs/. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. 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.” A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. 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). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission, as follows: -All hand-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., S.W., Room TW-A325, Washington, DC 20554. All hand deliveries must be held together with rubber bands or fasteners. Envelopes must be disposed of before entering the building. The filing hours at this location are 8:00 a.m. to 7:00 p.m. PLEASE NOTE: This is the ONLY location where hand-delivered or messenger-delivered paper filings for the Commission’s Secretary will be accepted. The Commission’s former filing location at 236 Massachusetts Ave., N.E., is permanently closed. 3 -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, S.W., Washington, DC 20554. -All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. Parties are requested to send one copy of their comments and reply comments to Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (800) 378-3160, e-mail FCC@BCPIWEB.com. Alternate formats of this Public Notice (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an e-mail to fcc504@fcc.gov. For further information, contact Wilbert E. Nixon, Jr., Mobility Division, Wireless Telecommunications Bureau, at (202) 418-0620, Wilbert.Nixon@fcc.gov. Action by the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau. - FCC -