DA 00-1748

August 3, 2000

> **WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON TELECORP PCS,
> L.L.C.'S REQUEST FOR WAIVER OF THE FIVE YEAR BROADBAND PCS
> CONSTRUCTION REQUIREMENT FOR THE PARTITIONED/DISAGGREGATED LOUISVILLE
> MTA (026)**
>
> **Comment Date: September 4, 2000 Reply Date: September 19, 2000**
>
> On July 7, 2000, TeleCorp PCS, L.L.C. ("TeleCorp"), licensee of call
> sign WPOI215, a license partitioned/disaggregated from the Louisville
> MTA, filed a request for waiver of the five year construction
> requirements under Section 24.203(a) of the Commission's rules, 47
> C.F.R. § 24.203(a). Pursuant to this Section, licensees are required
> to provide adequate service to at least one-third of the population in
> their licensed areas within five years. TeleCorp acquired this license
> through partitioning and dissagregation from AT&T Wireless PCS, LLC.
> In that transaction, TeleCorp certified that it would meet the
> construction requirements found in Section 24.203(a) of the
> Commission's rules, 47 C.F.R. § 24.203(a), with respect to its portion
> of the market.
>
> TeleCorp submits that the Commission should conclude that it has met
> the threshold, but requests a waiver of the construction requirements
> in the event that the Commission concludes that TeleCorp is not in
> compliance with those requirements. TeleCorp submits that, in
> conjunction with Global PCS, Inc., adequate service is currently
> provided to 46.5 percent of the total population of the Louisville
> MTA. TeleCorp states that the area for which it is responsible for
> provision of PCS is a primarily rural area with a widely dispersed
> population, which makes satisfactory coverage difficult and costly.
> TeleCorp also submits that a waiver of the five year construction
> requirements would encourage service to rural areas.
>
> We seek comment on whether granting TeleCorp's waiver request would
> further the public interest. Commenters should address the sufficiency
> of the showing made in support of the waiver in light of the
> requirements of 47 C.F.R. § 1.925 and any other public interest
> considerations. Interested parties may file comments on or before
> September 4, 2000. Parties interested in submitting reply comments
> must do so on or before September 19, 2000. All comments should
> reference TeleCorp's request for waiver and include the DA number of
> this Public Notice DA 00-1748. Comments should be filed with the
> Office of the Secretary, Federal Communications Commission, TW B204,
> 445 12^th^ St. S.W., Washington, DC 20554. Comments also should be
> provided to Michael Ferrante, Room No. 4-C 124, Wireless
> Telecommunications Bureau, Federal Communications Commission, 445
> 12^th^ St. S.W., Washington, DC 20554.
>
> This proceeding has been designated as a \"permit‑but‑disclose\"
> proceeding in accordance with the Commission\'s *ex parte* rules. 47
> C.F.R. §§ 1.1200(a), 1.1206. Persons making oral *ex parte*
> presentations are reminded that memoranda summarizing the
> presentations must contain summaries of the substance of the
> presentations and not merely a listing of the subjects discussed. More
> than a one or two sentence description of the views and arguments
> presented is generally required. *See* 47 C.F.R. § 1.1206(b). Other
> rules pertaining to oral and written *ex parte* presentations in
> permit-but-disclose proceedings are set forth in section 1.1206(b) of
> the Commission\'s rules, 47 C.F.R. § 1.1206(b).
>
> The TeleCorp waiver request is also available for public inspection
> and copying in the Reference Center, Room CY A257, 445 12th St., S.W.,
> Washington, DC 20554. Copies of the waiver request are also available
> from ITS at 1231 20^th^ St. N.W., Washington, DC 20036, or by calling
> (202) 857-3800.
>
> For further information, contact Michael Ferrante at (202) 418-1323.
>
> By the Chief, Commercial Wireless Division, Wireless
> Telecommunications Bureau