*Pages 1--4 from Microsoft Word - 43262.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 FCC 04- 253 Released: October 22, 2004 COMMISSION SEEKS COMMENT ON EX PARTE PRESENTATIONS AND EXTENDS CERTAIN DEADLINES REGARDING THE 800 MHZ PUBLIC SAFETY INTERFERENCE PROCEEDING WT DOCKET NO. 02- 55 Comment Date: 10 days after publication in the Federal Register On September 16, 2004, Nextel Communications, Inc. (Nextel) filed an ex parte presentation in WT Docket 02- 55, Improving Public Safety Communications in the 800 MHz Band, 1 in which it sought clarification and/ or modification of certain aspects of the Commission’s Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, FCC 04- 168 (800 MHz Public Safety Order), released on August 6, 2004. 2 Nextel has also submitted additional ex parte presentations that provide information regarding several of the issues raised in the September 16 th ex parte presentation. 3 Other parties have filed ex parte presentations in response to Nextel’s ex parte filings. 4 In order to develop a full and complete record and to further the effective implementation of the 800 MHz band reconfiguration process, the Commission issues this Public Notice seeking expedited comment on the issues raised in all of the above- referenced ex parte presentations, including the 1 Letter from Regina M. Keeney, Esq., Counsel to Nextel, to Marlene H. Dortch, Secretary, Federal Communications Commission (FCC) (filed Sept. 16, 2004). 2 See Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, WT Docket 02- 55, 19 FCC Rcd 14, 969 (2004). 3 See, e. g., Letter from Regina M. Keeney, Esq., Counsel to Nextel, to Marlene H. Dortch, Secretary, FCC (filed Sept. 21, 2004); Letter from Regina M. Keeney, Esq., Counsel to Nextel, to Marlene H. Dortch, Secretary, FCC (filed Sept. 23, 2004); Letter from Lawrence R. Krevor, Vice- President- Government Affairs, Nextel, to Marlene H. Dortch, Secretary, FCC (filed Sept. 28, 2004); Letter from Regina M. Keeney, Esq., Counsel to Nextel, to Marlene H. Dortch, Secretary, FCC (filed Oct. 1, 2004). 4 See, e. g., Letter from R. Michael Senkowski, Esq., Counsel for Verizon Wireless, to Michael Powell, Chairman, FCC (filed Sept. 15, 2004); Letter from Elizabeth R. Sachs, Esq. Counsel for Airpeak Communications, LLC, and Airtel Wíreless Services, LLC, to Michael Powell, Chairman, FCC (filed Oct. 5, 2004); Letter from Robert M. Gurss, Esq., Counsel to Association of Public- Safety Communications Officials International, Inc., to Michael Powell, Chairman, FCC (filed Oct. 5, 2004); Letter from Christine Gill, Esq., Counsel to SouthernLINC, to Michael J. Wilhelm, Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, FCC (filed Oct. 8, 2004); Letter from Chris Guttman- McCabe, CTIA, to Marlene H. Dortch, Secretary, FCC (filed Oct. 13, 2004). 1 3 “Proceeding” box, enter “02- 55.” (4) Check the box marked “Search by Date Range. (5) In the “Date received/ adopted” block, in the “From” column, enter 07/ 08/ 2004; and in the “To” column enter the date this Public Notice is published in the Federal Register in the format MM/ DD/ YYYY. All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12 th Street, SW, Suite TW- A325, Washington, DC 20554. One (1) courtesy copy must be delivered to Roberto Mussenden at Federal Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, 445 12 th Street, SW, Suite 5- C140, Washington, DC 20554, or via e- mail, roberto. mussenden@ fcc. gov , and one (1) copy must be sent to Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC 20554, telephone 1- 800- 378- 3160, or via e- mail www. bcpiweb. com. This matter shall be treated as a “permit- but- disclose” proceeding in accordance with the Commission’s ex parte rules. See 47 C. F. R. §§ 1.1200, 1.1206. 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 generally is required. See 47 C. F. R. § 1.1206( b). 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, 47 C. F. R. § 1.1206( b). Commenters may file comments 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). Commenters filing through the ECFS can be sent as an electronic file via the Internet to . Generally, commenters must submit only one copy of an electronic submission. 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. Commenters 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 .” Commenters will receive a sample form and directions in reply. Parties that choose to file by paper must file an original and four copies 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. Commenters may send filings by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although the Commission continues to experience delays in receiving U. S. Postal Service mail). The Commission’s contractor, Natek, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. Commenters must bind all hand deliveries together with rubber bands or fasteners and must dispose of any envelopes before entering the building. This facility is the only location where the Commission’s Secretary will accept hand- delivered or messenger- delivered paper filings. Commenters must send commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) to 9300 East Hampton Drive, Capitol Heights, MD 20743. Commenters should address U. S. Postal Service first- class mail, Express Mail, and Priority Mail to 445 12th Street, SW, Washington, D. C. 20554. 3 4 Filings and comments are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC, 20554. They may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY- B402, Washington, DC 20554, telephone 1- 800- 378- 3160, or via e- mail www. bcpiweb. com. By the Commission. - FCC - 4