PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

1919 M STREET, N.W.

WASHINGTON, D.C. 20554 **DA 00-2134**

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

**Released: September 20, 2000**

**Wireless Telecommunications Bureau Sets Permit-but-Disclose Status
for**

**Satellite Receivers, Ltd. Requests for Waiver of Part 101 Rules**

On August 25, 2000, Satellite Receivers, Ltd. (SRL) filed requests for
waiver of Sections 101.101, 101.105, 101.107, 101.111, 101.115, 101.139
and 101.603 of the Commission\'s Rules, 47 C.F.R. §§ 101.101, 101.105,
101.107, 101.111, 101.115, 101.139, 101.603, as well as any other fixed
microwave radio service rules necessary to permit the processing of its
applications pertaining to deployment of service in the 12.2-12.7 GHz
band. SRL seeks authority to provide multichannel video programming,
including the retransmission of local television broadcast signals, to
approximately 39 Designated Market Areas (DMAs) in Illinois, Indiana,
Iowa, Michigan, Minnesota and Wisconsin. SRL also proposes to provide
data transmission services and Internet services to consumers in these
various markets.

In its waiver requests, SRL argues that the technical limitations
contained in Sections 101.105, 101.107, 101.111 and 101.115 of the
Commission\'s Rules are not applicable to terrestrial sharing. SRL
contends that Section 101.139 requires that the Commission certify all
transmitters used for the provision of microwave services and that this
requirement should be waived because it may inappropriately delay the
provision of terrestrial sharing. SRL further argues that Sections
101.101 and 101.603 should be waived to the extent that they preclude
the transmission of video entertainment material to customers in the
12.2-12.7 GHz band.

We note that the 12.2-12.7 GHz band is the subject of an ongoing
rulemaking proceeding[^1] and was one of the bands listed in the
International Bureau\'s Public Notice No. SPB-141, released on November
2, 1998, establishing a final cut-off date to file applications for
non-geostationary satellite orbit fixed satellite service in the
12.2-12.7 GHz frequency band that may be mutually exclusive with
previously filed applications of Skybridge, L.L.C. (Skybridge). SRL
filed applications for use of the 12.2-12.7 GHz frequency band shared
with DBS (direct broadcast satellite) and other fixed microwave systems.
SRL asserts that its proposed service will be on a secondary,
non-interfering basis to DBS and on a co-primary basis with any other
DBS spectrum sharing proposals submitted.

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 the potential impact of this proceeding on other
proceedings, as well as, persons not parties to the waiver requests, we
believe it would be in the public interest to treat this case as a
permit-but-disclose proceeding under the *ex parte* rules.[^2]
Therefore, any *ex parte* presentations that are made with respect to
the issues involved in the subject waivers, 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).

All written *ex parte* presentations and all written disclosures of oral
*ex parte* presentations should reference Satellite Receivers, Ltd.
Waiver Requests and DA 00-2134 and be filed with the Office of
Secretary, Federal Communications Commission, 445 Twelfth Street, S.W.,
TW-A325, Washington, D.C. 20554. A copy of each filing should be sent to
International Transcription Service, Inc. (ITS), 1231 20th Street, N.W.,
Washington, D.C. 20036, (202) 857-3800 and to Jennifer Burton, Federal
Communications Commission, Wireless Telecommunications Bureau, Public
Safety and Private Wireless Division, Policy and Rules Branch, 445
Twelfth Street, S.W., 4-C207, Washington, D.C. 20554.

The full text of the Requests for Waivers, written *ex parte*
presentations, and all written disclosures of oral *ex parte*
presentations are available for public inspection and duplication during
regular business hours in the Public Safety and Private Wireless
Division, Wireless Telecommunications Bureau, 445 Twelfth Street, S.W.,
4-C207, Washington, D.C. 20554. Copies also may be obtained from ITS,
1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800.

For further information, contact Jennifer Burton or Michael Pollak of
the Policy and Rules Branch, Public Safety and Private Wireless
Division, Wireless Telecommunications Bureau at (202) 418-0680.

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.

[^1]:     ^?^ *See* Amendment of Parts 2 and 25 of the Commission\'s
    Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO
    and Terrestrial Systems in the Ku-Band Frequency Range and Amendment
    of the Commission\'s Rules to Authorize Subsidiary Terrestrial Use
    of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees
    and Their Affiliates, *Notice of Proposed Rulemaking*, ET Docket No.
    98-206, FCC 98-310 (rel. November 24, 1998).

[^2]:     ^?^ *See* Sections 1.1200(a) and 1.1206 of the Commission\'s
    Rules, 47 C.F.R. § 1.1200(a), 1.1206.