**DA 06-923**

April 24, 2006

Waller, Inc.

c/o Kenneth E. Hardman, Esq.

2154 Wisconsin Avenue, N.W.

Suite 250

Washington, D.C. 20007-2280

Re: WPWV537, Bruce, MS

ULS File No. 0002397384

Dear Mr. Hardman:

On December 1, 2005, you filed on behalf of Waller, Inc. (Waller),
licensee of station WPWV537 in the Mississippi 4-Yalobusha CMA 496, a
Form 601 application for station modification seeking authorization to
operate a wireless broadband service on TV Channels 54 and 59 in the
Bruce, MS area.[^1] Waller's application incorporates broadcaster
consent, pursuant to section 27.60(b)(1)(iv) of the Commission's rules.
This section permits licensees in the 700 MHz Band to obtain the written
concurrence of a co-channel or adjacent channel TV/DTV broadcaster,
whereby the incumbent broadcaster consents to accept higher levels of
interference than the rule otherwise permits, subject to Commission
approval.[^2]

Waller's application includes a copy of the consent agreement with
WMAE-DT, part of the Mississippi Authority of Educational Television
(ETVAM) and licensee of adjacent DTV Channel 55 in Booneville, MS.
Broadcaster consent regarding Waller's proposed mobile operation on
adjacent Channel 54 is based on the understanding that: (1) Waller's
low-power mobile deployment is designed to minimize interference to the
broadcaster's service; (2) interference is not likely to occur; and
(3) Waller promises to cure at its own expense any actual interference
that may occur.[^3] Further, Waller notes in its application that, even
if interference were to occur, it would be in a market where the entire
viewing population receives at least one other DTV station broadcasting
the exact same ETVAM content.[^4]

For the reasons discussed below, we find that grant of the application
is in the public interest. First, our approval of the application will
allow Waller to provide a widely accessible wireless broadband service
to business, residential and campus customers in a rural area. Second,
Waller maintains that its proposed operation will not cause interference
to viewers of WMAE-DT on Channel 55 within the area for which the
station is entitled to protection. Waller and ETVAM agree that the
potential for interference is very minimal because Waller's base station
operation is not adjacent to Channel 55 and the adjacent channel mobile
units are very low-power. Should limited interference occur, Waller has
agreed to be solely responsible for correcting interference "regardless
of causation unless Waller is able to clearly demonstrate to the
satisfaction of \[WMAE-DT\] that its operations are not the cause of the
interference."[^5] If Waller is unable to meet this requirement and
interference continues, Waller has agreed that it "will immediately
cease its operations until a permanent solution is developed."[^6] In
addition, although WMAE-DT is the sole television station licensed in
Booneville, MS, should interference occur, the entire viewing population
located there and in the area in which WMAE-DT is entitled to protection
receives at least one alternate ETVAM station that transmits exactly the
same programming as WMAE-DT.[^7] Finally, WMAE-DT will continue to place
a 48 dBU contour over its community of license as required by the
Commission's rules.[^8]

Accordingly, we believe that the public interest will be served by a
grant of Waller's application, conditioned upon operating within the
technical parameters specified in the application, and in accordance
with Waller's consent agreement with station WMAE-DT regarding operation
in Bruce, MS.

Sincerely,

Barbara A. Kreisman, Chief

Video Division

Media Bureau

Roger S. Noel, Chief

Mobility Division

Wireless Telecommunications Bureau

[^1]: The application was amended, under the same ULS file number, on
    February 7, 2006.

[^2]: This approval process involves an analysis by the Media Bureau,
    under delegated authority, to determine whether grant of the
    application is in the public interest. *See* Service Rules for the
    746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the
    Commission's Rules, WT Docket No. 99-168, *Memorandum Opinion and
    Order and Further Notice of Proposed Rulemaking*, 15 FCC Rcd 20845
    (2000) (basis for public interest analysis of Lower 700 MHz consent
    agreements); Reallocation and Service Rules for the 698-746 MHz
    Spectrum Band (Television Channels 52-59), GN Docket No. 01-74,
    *Report and Order*, 17 FCC Rcd 1022 (2002) (framework for public
    interest analysis of Lower 700 MHz "band-clearing" agreements)
    (*"Lower 700 MHz Report and Order"*).

[^3]: *See* Technical Statement, Exhibit 2 to Form 601, WPWV537, Bruce,
    MS, Waller, Inc., ULS File No. 0002397384 (filed Dec. 15, 2005).

[^4]: *See* Additional Technical Information, Exhibit 11 to Form 601,
    WPWV537, Bruce, MS, Waller, Inc., ULS File No. 0002397384 (filed
    Feb. 7, 2006).

[^5]: *See* Letter from WMAE-TV and Waller, Inc. to Marlene H. Dortch,
    Secretary, FCC, Exhibit 10 to Form 601, WPWV537, Bruce, MS, Waller,
    Inc., ULS File No. 0002397384 (filed Nov. 14, 2005).

[^6]: *Id.*

[^7]: We note also that WMAE-DT has selected DTV Channel 12 as its
    in-core channel for DTV service after the transition. Therefore, any
    potential for interference will be eliminated at the conclusion of
    DTV transition when WMAE-DT will be operating on DTV Channel 12.

[^8]: *See* 47 C.F.R. § 73.625(a).