[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)]
[Rules and Regulations]
[Pages 12959-12960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7015]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 27, and 97
[GN Docket No. 96-228; DA 97-548]
The Wireless Communications Service (``WCS'')
AGENCY: Federal Communications Commission
ACTION: Final rule; petitions for reconsideration.
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SUMMARY: On March 13, 1997, the Wireless Telecommunications Bureau of
the Federal Communications Commission released a Public Notice
establishing an expedited pleading cycle for oppositions and replies to
oppositions to two petitions for reconsideration of the Commission's
Report and Order establishing rules and policies for a new Wireless
Communications Service (``WCS'') in the 2305-2320 and 2345-2360 MHz
bands. The Public Notice summarizes the petitions for reconsideration
and announces that oppositions to the petitions for reconsideration are
due on or before March 21, 1997, and that replies to oppositions to the
petitions for reconsideration are due on or before March 25, 1997.
DATES: Oppositions are due on or before March 21, 1997. Replies to
oppositions are due on or before March 25, 1997.
FOR FURTHER INFORMATION CONTACT: Josh Roland or Matthew Moses, Wireless
Telecommunications Bureau, (202) 418-0660.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice
released on March 13, 1997. The complete Public Notice is available for
inspection and copying during normal business hours in the FCC
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C.,
20554, and also may be purchased from the Commission's copy contractor,
International transcription Services, (202) 857-3800, 2100 M Street,
N.W., Washington, D.C. 20037. The complete Public Notice is also
available on the Commission's Internet home page (http://www.fcc.gov).
Summary of the Public Notice
Expedited Pleading Cycle Established for Oppositions and Replies to
Oppositions to Petitions for Reconsideration Filed by the Wireless
Cable Association International, Inc. and by PACS Providers Forum
and DigiVox Corporation
March 13, 1997.
Oppositions Due: March 21, 1997.
Replies to Oppositions Due: March 25, 1997.
The Federal Communications Commission has received two petitions
for reconsideration of the Commission's Report and Order reallocating
the frequencies at 2305-2320 and 2345-2360 MHz and establishing auction
and service rules for the Wireless Communications Service (``WCS'').
See Amendment of the Commission's Rules to Establish Part 27, the
Wireless Communications Service,'' GN Docket No. 96-228, Report and
Order, FCC 97-50, 62 FR 9636 (March 3, 1997) (``WCS Report and
Order''). The Commission's action in adopting these rules was taken in
response to the Congressional mandate expressed in Section 3001 of the
Omnibus Consolidated Appropriations Act, 1997, that the Commission
reallocate and assign the use of these frequencies by means of
competitive bidding commencing no later than April 15, 1997. See
Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, 110
Stat. 3009 (1996).
On March 10, 1997, the Wireless Cable Association International,
Inc. (``WCA'') filed a ``Petition for Expedited Reconsideration'' of
the WCS Report and Order. WCA requests that the Commission reconsider
its decision not to impose any technical restrictions on WCS licensees
designed to prevent interference with Multipoint Distribution Service
(``MDS'') and Instructional Television Fixed Service (``ITFS'')
operations in the 2150-2162 and 2500-2690 MHz bands. WCA states that it
is necessary to limit WCS radiated power to 20 watts EIRP in order to
avoid blanketing interference which could adversely effect MDS and ITFS
operations throughout the United States. Interested parties should
address the appropriateness of the proposed power limitation and its
potential effect on prospective WCS operations. In addition, it would
be useful to have commenters' views on whether a different power limit
than that proposed by WCA would be more appropriate, and alternatively
on whether and in what circumstances, in the absence of a specific
power limit, a WCS licensee should be required to take remedial action
if blanketing interference to MDS or ITFS reception is demonstrated.
On March 11, 1997, PACS Providers Forum (``PPF'') and DigiVox
Corporation (``DigiVox'') jointly filed a ``Petition for Expedited
Reconsideration'' of the WCS Report and Order urging the Commission to
reconsider the out-of-band emission limits adopted for WCS.
Specifically, PPF and DigiVox argue that the out-of-band emission
limits for WCS are unnecessarily stringent, and that lower limits would
permit a greater number of potential uses for the WCS spectrum while at
the same time protecting satellite DARS operations in adjacent
spectrum. In addition to requesting lower out-of-band emission limits
generally, PPF and DigiVox propose that the Commission adopt additional
operating parameters for certain operations in the WCS A and B blocks,
such as Personal Access Communications Systems (``PACS''). Commenters
are requested to address whether lower out-of-band emission limits
would adequately protect satellite DARS operations from interference
caused by WCS operations, and whether requiring low-power services such
as PACS to employ the proposed parameters when operating in WCS
spectrum would mitigate the need for the out-of-band emission limits
adopted in the WCS Report and Order.
In an effort to rapidly resolve these matters given the statutory
deadline of April 15, 1997, for commencement of
[[Page 12960]]
competitive bidding in the WCS auction, the Wireless Telecommunications
Bureau is establishing an expedited pleading cycle. See 47 CFR 1.429
and 47 CFR 1.3 (providing that Commission rules may be suspended,
revoked, amended or waived for good cause shown).
Parties should file oppositions to the petitions by Friday, March
21, 1997, and replies to oppositions by Tuesday, March 25, 1997, with
the Secretary, Federal Communications Commission, 1919 M Street, N.W.,
Room 222, Washington, D.C. 20554. In addition, two copies should be
hand delivered to: (1) Auctions Division, Wireless Telecommunications
Bureau, Room 5322, 2025 M Street, N.W., Washington, D.C. 20554,
attention: Josh Roland; and (2) Office of Engineering and Technology,
Suite 480, 2000 M Street, N.W., Washington, D.C. 20554, attention: Tom
Mooring. In addition, parties filing oppositions to the petitions must
hand deliver copies to the relevant petitioner, and replies must be
hand delivered to the opponents. Copies of the petitions, comments and
reply comments may be obtained from the Commission's duplicating
contractor, International Transcription Service, Inc. (ITS), 2100 M
Street, N.W., Suite 140, Washington, D.C., 20037, (202) 857-3800.
Copies are also available for public inspection during regular business
hours in Room 5608, 2025 M Street, N.W., Washington, D.C. 20554. When
requesting copies, please refer to DA 97-548.
The Commission will treat this proceeding as non-restricted for
purposes of the Commission's ex parte rules. See generally 47 CFR
1.1200-1.1216. For further information contact Josh Roland or Matthew
Moses, Auctions Division, Wireless Telecommunications Bureau, at (202)
418-0660, or Tom Mooring, Office of Engineering and Technology, at
(202) 418-2450.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-7015 Filed 3-18-97; 8:45 am]
BILLING CODE 6712-01-P
