Subject: [NEXTEL-1] THE NEW YORK STOCK EXCHANGE, INC.- Application and Request for Waiver for Authority to Operate a Paging System in New York City, NY, on Frequencies 151.190 MHz,

From: [email-masked]
Date: Thu, 12 Feb 2004 17:52:55 -0500

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

THE NEW YORK STOCK EXCHANGE, INC.

Application and Request for Waiver for Authority to Operate a Paging System in
New York City, NY, on Frequencies 151.190 MHz, 151.220 MHz, 151.400 MHz, 159.285
MHz, and 159.420 MHz    )

FCC File No. 0001402577

ORDER

   Adopted:  February 10, 2004 Released:  February 12, 2004

By the Chief, Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau:

I. INTRODUCTION

1. In this Order, we address the above-captioned application and waiver request
(Request) of the New York Stock Exchange, Inc. (NYSE).   NYSE requests waivers
of Sections 90.20(a) and 90.35(c)(31) of the Commission’s Rules to permit NYSE
to be authorized to operate a paging system in New York City on frequencies
151.190 MHz, 151.220 MHz, 151.400 MHz, 159.285 MHz, and 159.420 MHz.   We grant
the Request, as set forth and discussed below.

II. BACKGROUND

2. On September 13, 1984, NYSE was granted a license to operate a paging system
at its location in Manhattan on frequencies 151.190 MHz, 151.220 MHz, 151.400
MHz, 159.285 MHz, and 159.420 MHz under Call Sign WZU487, for a term not to
exceed five years.  According to Commission records, the license was not renewed
in accordance with Commission rules.   On November 12, 2002, NYSE filed an
application for special temporary authority (STA) to permit temporary operations
on the previously authorized facilities, and at a “stand-ready” site in
Brooklyn.   On November 13, 2002, the Licensing and Technical Analysis Branch
(Branch) of the former Public Safety and Private Wireless Division   of the
Wireless Telecommunications Bureau denied the STA because it did not include
evidence of NYSE having been issued a license on the frequencies, and thus
appeared to request authorization to initiate service, which is not a
permissible purpose for an STA under Section 1.931 of the Commission’s Rules.
On February 21, 2003, NYSE filed a new STA application for authorization to
operate at the Manhattan and Brooklyn sites, with evidence that NYSE had
previously been licensed on the subject frequencies at the Manhattan site.   The
Branch granted the application on February 25, 2003, under Call Sign WPXB394.
Subsequently, NYSE filed the captioned application on July 31, 2003, for a new
permanent license for the operations currently authorized under Call Sign
WPXB394.

III. DISCUSSION

3. Section 1.925 of the Commission´s Rules provides that a waiver of the rules
may be granted if it is shown that the underlying purpose of the rule(s) to be
waived would not be served or would be frustrated, and a grant of the requested
waiver would be in the public interest.  A waiver also may be granted if it is
shown that, in view of unique or unusual factual circumstances, applying the
rule would be inequitable, unduly burdensome, or contrary to the public
interest, or the applicant has no reasonable alternative.   For the reasons set
forth below, we conclude that NYSE has demonstrated that grant of its Request is
warranted.

4. Under the Commission’s Rules, the subject frequencies are designated for use
by Industrial/Business eligibles such as NYSE only in Puerto Rico and the Virgin
Islands.   In the rest of the country, the frequencies are available only to
Public Safety eligibles,  and are designated for forestry-conservation use.
NYSE requested waivers of Sections 90.20(a) (allocation to the Public Safety
Pool outside of Puerto Rico and the Virgin Islands) and 90.35(c)(31) (available
to Industrial/Business eligibles in Puerto Rico and the Virgin Islands).  We
believe that NYSE also needs a waiver of 90.20(c)(3) (designation for
forestry-conservation use outside Puerto Rico and the Virgin Islands), and that
a waiver of Section 90.20(c)(3) would obviate the need for a waiver of Section
90.35(c)(31).  Accordingly, we shall treat the Request as seeking waivers of
Section 90.20(a) and (c)(3).

5. The purpose of those provisions is to ensure adequate spectrum for
forestry-conservation activities, and to avoid interference to such
communications from incompatible services.   NYSE asserts that, since
implementation of its paging system in 1984, it has received no complaints of
interference from co-channel users regarding its operations on the subject
frequencies and, similarly, has itself received no interference from any such
co-channel users when it operates on the frequencies.   In addition, we note
that NYSE requested and obtained frequency coordination for use of the
frequencies from the Forestry Conservation Communications Association (FCCA),
the FCC-certified frequency coordinator for spectrum designated for
forestry-conservation use, and that FCCA does not object to the Request.   We
also note that forestry-conservation activity in New York City is limited, at
best.  Consequently, we agree with NYSE that grant of the Request would not
undermine the rule’s purpose.

6. We also conclude that grant of the Request is in the public interest.
According to NYSE, the system now provides service to more than 900 pagers that
generates an average of over 90,000 pages a day, and is relied on by traders and
others to identify stocks and their prices for facilitating NYSE´s business and
the buying and selling of stocks.   NYSE argues that, unless the Request and
application are granted, termination of the paging service at its
previously-authorized location would have a devastating impact on NYSE´s
operations and, in turn, have catastrophic consequences on the entire economy.
NYSE also requests that it be authorized to operate the paging system on the
five requested frequencies at an additional location, in Brooklyn, on a standby
basis for use when an emergency or other event disrupts operations at the
Manhattan site.   NYSE states that this request is in response to the events of
September 11, 2001, and that the new location, which is within a 25-mile radius
of the Wall Street location, would serve as a contingency site at which to
continue the disrupted paging operations.

IV. CONCLUSION

7. In light of the absence of any interference to any other user from NYSE´s
proposed use of the requested frequencies for its paging system and the
importance to the national economy of NYSE´s use at its existing location and at
a new backup location in Brooklyn, we find that a grant of NYSE´s request for
waiver is warranted.  We also believe that grant of the Request serves the
public interest by making efficient use of the subject spectrum.

V. ORDERING CLAUSES

8. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.925 of
the Commission´s Rules, 47 C.F.R.           § 1.925, the Request for Waiver
associated with the above-captioned application, FCC File No. 0001402577, filed
by the New York Stock Exchange on July 31, 2003, as amended on August 5, 2003,
IS GRANTED.

9. IT IS FURTHER ORDERED that File No. 0001402577 SHALL BE PROCESSED consistent
with this Order and the applicable Commission Rules.
10. This action is taken under delegated authority pursuant to Sections 0.131
and 0.331 of the Commissions Rules, 47 C.F.R. §§ 0.131, 0.331.
     FEDERAL COMMUNICATIONS COMMISSION

D’wana R. Terry
Chief, Public Safety and Critical Infrastructure Division Wireless
Telecommunications Bureau

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-342A1.doc
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