PUBLIC NOTICE

FEDERAL COMMUNICATIONS COMMISSION

1919 M STREET, N.W.

WASHINGTON, D.C. 20554	DA 97-1901

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov

Released: September 4, 1997

WIRELESS TELECOMMUNICATIONS BUREAU

IDENTIFIES PETITIONS AND APPLICATIONS AFFECTING

800 MHz SPECIALIZED MOBILE RADIO UPPER BAND SPECTRUM

Report No. AUC 16-D (Auction No. 16)

On August 6, 1997, the Commission announced, by Public Notice (DA 97-1672), the October 28, 1997 auction of Economic Area (EA) licenses for the upper 200 channels of 800 MHz Specialized Mobile Radio ("SMR") spectrum (861-865 MHz). Potential bidders should be aware that certain applications, waiver requests, petitions to deny, petitions for reconsideration, and applications for review are pending before the Commission that relate to particular incumbent SMR licensees operating in this band, or to previously pending applications for site-specific licenses in this band. We note that resolution of these matters could have an impact on the availability of spectrum for EA licensees. In addition, while the Commission will continue to act on pending applications, requests, and petitions, some of these matters may not be resolved by the time of the auction. Potential bidders are solely responsible for investigating and evaluating the degree to which such pending matters may affect spectrum availability in areas where they seek EA licenses.

To aid potential bidders, the Attachment to this Public Notice, with its accompanying index, lists pending matters of which the Commission is aware that relate to licenses or applications for the 800 MHz upper band spectrum. Pending matters relating to the lower 800 MHz band and General Category channels, which will be subject to auction at a later date, are not listed in the Attachment. The Commission makes no representations or guarantees that the listed matters are the only pending matters that could affect spectrum availability in the 800 MHz upper band. Parties may submit additions or corrections to the list, provided such additions or corrections are filed with the Commission by September 15, 1997. Such submissions should be limited to identifying pleadings or papers previously filed with the Commission. No new pleadings or arguments on the merits will be accepted except as explicitly provided by Commission rules.

Corrections and additions must be filed with the Office of the Secretary, FCC, 1919 "M" Street, N.W., Washington, DC 20554. One copy of each submission should also be sent each of the following: (1) Terry Fishel, Commercial Wireless Division, Wireless Telecommunications Bureau, 1270 Fairfield Road, Suite 16, Gettysburg, PA 17325; (2) Wilbert E. Nixon, Jr., Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, Seventh Floor - Room 101, 2100 "M" Street, N.W., Washington, DC 20554; and (3) International Transcription Service, Inc. (ITS), 1231 20th Street, N.W., Washington, DC 20036. Parties filing additions or corrections should include the internal reference number (DA 97-1901) on their submissions. Parties are also reminded that contested proceedings are restricted proceedings governed by the Commission's ex parte rules. See generally 47 C.F.R. §§ 1.1200-1.1216. In such proceedings, submissions filed pursuant to this Public Notice must be served on all parties.

Additional information regarding matters identified in the Attachment is available to the public. The licensing information is contained in the Commission's licensing database, which is available for inspection in the Wireless Telecommunications Bureau's Public Reference Rooms, located at 2025 M Street, NW, Room 5608, Washington, DC, and 1270 Fairfield Road, Gettysburg, PA. Copies of pleadings in the matters listed in the Attachment are also available for public inspection in the Gettysburg Public Reference Room only. The licensing database (but not the pleadings) is also available for on-line review at http://www.fcc.gov/wtb/databases.html. Additionally, the Land Mobile database may be queried on-line on the World Wide Web at: http://gullfoss.fcc.gov/cgi-bin/wtb_pt_rad/ptradsrch.sh. This software permits queries of 800 MHz SMR data for the upper 200 channels utilizing latitude/longitude and a specified radius. The Commission makes no representations or guarantees regarding the accuracy of information that has been provided by incumbent licensees and incorporated into the database.

Any telephone inquiries regarding these matters should be directed to the National Call Center at (888) CALL- FCC or (888) 225-5322.