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PUBLIC NOTICE
Federal Communications Commission
1919 M St., N.W.
Washington, D.C. 20554
DA 99-175
Released: January 19, 1999
FCC SEEKS COMMENT ON REQUEST FOR INTERIM AUTHORITY AND WAIVER FILED BY AMTRAK, NEW JERSEY TRANSIT AUTHORITY, ALSTOM SIGNALING, INC., AND UNION SWITCH AND SIGNAL, INC. FOR THE IMPORT, MARKETING, INSTALLATION AND OPERATION OF HIGH SPEED RAIL SAFETY RADIO EQUIPMENT
On December 4, 1998, the Commission received a request for a waiver of Parts 2, 87, and 95 of its Rules submitted jointly by the National Railroad Passenger Corporation ("Amtrak"), the New Jersey Transit Authority, Alstom Signaling, Inc. and Union Switch and Signal, Inc. The Parties seek permission for the importation, marketing, installation and operation of an advanced civil speed enforcement system ("ACSES"), consisting of radio equipment necessary for the initiation of proposed high speed rail service and enhanced safety for commuter rail services in the northeast corridor.
The Federal Railroad Administration ("FRA") has mandated the installation of the ACSES in the northeast corridor by October 1, 1999. The applicants wish to install equipment that has been in use for high-speed rail service in Europe which consists of a transmitter/antenna unit located underneath the locomotive or other control car that receives relevant safety information from transponders located at strategic points in the railroad track bed. Under the ACSES, the transmitter queries the transponder using a signal at 27.115 MHz, a frequency presently assigned to the Part 95 Citizens Band Radio Service. The transponder uses the signal at 27.115 MHz as a power source and responds with a data burst at 4.5 MHz, a frequency presently assigned for Part 87 Civil Air Patrol use. Because the proposed civil speed enforcement system does not correspond to any existing Commission allocation, the applicants request interim authorization, including a waiver of Parts 2, 87 and 95 of the Commission's Rules, to meet the mandate of the FRA, pending the Commission's consideration of a permanent regulatory scheme to accommodate such systems.
Requests for waiver of the Commission's Rules are subject, unless otherwise provided, to treatment by the Commission as restricted proceedings for ex parte purposes under Section 1.1208 of the Commission's Rules, 47 C.F.R. § 1.1208. Because of the policy implications and potential impact on persons not parties to the waiver request, we believe it would be in the public interest to treat this case as permit-but-disclose proceeding under the ex parte rules. See Sections 1.1200(a) and 1.1206 of the Commission's Rules, 47 C.F.R. §§ 1.1200(a) and 1.1206. Therefore, any ex parte presentations that are made with respect to the issues involved in the subject request for interim authority and waiver request, subsequent to the release of this Public Notice, will be permissible but must be disclosed in accordance with the requirements of Section 1.1206(b) of the Commission's Rules, 47 C.F.R. § 1.1206(b).
Interested parties may file comments on this matter on or before February 2, 1999. Reply comments must be filed on or before February 9, 1999. Comments should reference the DA number of this Public Notice and should be filed with the Office of the Secretary, Federal Communications Commission, 445 Twelfth Street S.W., TW-A235,
Washington, D.C. 20554. A copy of each filing should be sent to International Transcription Services (ITS),
1231 20th Street, N.W., Washington, D.C. 20036, and Gene Thomson, F.C.C., WTB, 2025 M St. N.W. Room 8010, Washington, D.C. 20554.
The full text of the Request for Waiver and Interim Authority, comments and reply comments will be available for public inspection and duplication during regular business hours in the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau, 2025 M Street N.W. Room 8010, Washington, D.C. 20554. Copies may also be obtained from ITS, 1231 20th Street N.W. Washington, D.C. 20036, telephone (202) 857-3800.
Wireless Telecommunications Bureau contact: Gene Thomson, Public Safety and Private Wireless Division, (202) 418-0680, e-mail <>.
By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau
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