PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 News media information 202 / 418-0500 Fax-On-Oemand 202 / 418-2830 Internet: httpVAvww.fcc.gov ftp.fCC.QOV DA 96-1063 Released: July 11, 1996 Comment Sought on Request for Waiver of the Commission's Freeze on Inter-category Sharing of Private Land Mobile Channels in the 800 MHz Band to Permit Shared Use of the Licensed Facilities On June 7, 1996, East River Electric Power Cooperative ("East River") filed a request for waiver of the April 5, 1995 freeze on inter-category sharing in the 800 MHz band imposed by the Wireless Telecommunications Bureau ("Bureau"). See Order, 10 FCC Red 7350 (1995). The Bureau Order placed a freeze on the filing of new applications for inter-category sharing of 800 MHz channels allocated to the Public Safety, Business and Industrial/Land Transportation Services. In addition, East River seeks a waiver of Section 90.62l(e)(5) of the Commission's rules, 47 C.F.R. ยง 90.621(e)(5). Section 90.621(e)(5) states that applicants for inter-category sharing must submit a statement from their own category coordinator that channels are not available in the category in which they are eligible. East River indicates that it originally planned to defray part of the cost of a significant system upgrade through obtaining licenses to become an SMR operator. Due to a lack of available SMR spectrum in East River's proposed service area East River now proposes to share its system on a multiple licensed basis with large users, including businesses and local governments. Interested parties may file comments concerning the request on or before July 22, 1996. Reply comments are due on or before July 29, 1996. Comments and reply comments should be sent or delivered to: Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554, Att'n Private Wireless Division, Wireless Telecommunications Bureau. A copy should also be sent or delivered to: Private Wireless Division, Wireless Telecommunications Bureau, Room 8010, Stop Code 2000-F, Federal Communications Commission, 2025 M Street, N.W,, Washington, D.C. 20554. Finally, a copy should be sent or delivered to the Commission's duplicating contractor: International Transcription Services, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C. 20037 (telephone number: (202) 857-3800). Copies of the waiver request may be obtained from ITS. Copies are also available for public inspection during regular business hours in the Private Wireless Division, Wireless Telecommunications Bureau, Room 8010, 2025 M Street, N.W., Washington, D.C. 20554. -FCC- 7996