**DA 02-240**

February 1, 2002

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON

CINGULAR WIRELESS LLC'S REQUEST FOR WAIVER OF THE CELLULAR VERTICAL WAVE
POLARIZATION REQUIREMENT

**Comment Date: February 11, 2002**

**Reply Comment Date: February 19, 2002**

Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R.
925(c), the Wireless Telecommunications Bureau seeks comment on the
Petition for Waiver filed on November 23, 2001 and Supplement to
Petition for Waiver filed on January 14, 2002, by Cingular Wireless LLC
("Cingular").[^1] Pursuant to section 22.367(a)(4) of the Commission's
rules, 47 C.F.R. § 22.367(a)(4), electromagnetic waves radiated by base,
mobile and auxiliary test transmitters in the Cellular Radiotelephone
Service must be vertically polarized. Cingular has filed a request for
waiver of the vertical wave polarization requirement of section
22.367(a)(4) of the Commission's rules with respect to all cellular
licenses under its control, for an indefinite period.

Cingular specifically requests waiver of section 22.367(a)(4) so that it
can utilize diversity (dual-polarization) antenna arrays. Cingular
states that the use of dual-polarization arrays can reduce the number of
antennas needed at a particular cell site, resulting in reduced
environmental impact and need for new tower construction. In addition,
Cingular states that grant of its waiver request will not frustrate
interoperability with mobile units using vertically-polarized antennas
and will not present significant interference concerns with respect to
UHF television frequencies. Cingular seeks action on its waiver request
in time to implement dual-polarized antennas in conjunction with its
upcoming GSM/GPRS/EDGE network overlay. Cingular states that by the end
of the fourth quarter of 2002, Cingular intends to complete its network
upgrade in 21 markets (over 5,000 cell sites or over 45,000 antennas).

We seek comment on whether granting Cingular'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 section 1.925 of the Commission's rules and any other
public interest considerations. Interested parties wishing to file
comments must do so on or before **February 11, 2002**. Parties
interested in submitting reply comments must do so on or before
**February 19, 2002**. All comments should reference Cingular's waiver
request, indicate in the caption that this matter is before the Wireless
Telecommunications Bureau, Commercial Wireless Division, Policy and
Rules Branch, and include the DA number of this Public Notice, DA
02-240.

Due to the threat of contamination that resulted in the disruption of
regular mail, the Commission released on November 29, 2001, an
*Order*[^2] temporarily amending certain procedural rules on an
emergency basis. Comments must be filed electronically (i.e., by e-mail
or facsimile) or by hand delivery to the Commission's Massachusetts
Avenue location.

-   **If filed electronically** by e-mail, comments shall be filed at
    the following e-mail address: <WTBSecretary@fcc.gov>. Please also
    copy (CC) Roger Noel at <rnoel@fcc.gov> and Nicole McGinnis at
    <nmcginni@fcc.gov>. For security purposes, we recommend that
    documents filed via electronic mail be converted to PDF format.

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-   **If filed by facsimile**, comments shall be faxed to 202-418-0187.
    The fax transmission should include a cover sheet listing contact
    name, phone number and, if available, an e-mail address. In addition
    to the official filing, please fax a courtesy copy to Nicole
    McGinnis, Room 4-B105, Policy and Rules Branch, Commercial Wireless
    Division, Wireless Telecommunications Bureau, at (202) 418-7447.

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-   **If filed by hand delivery**, documents shall be delivered to 236
    Massachusetts Avenue, NE, Suite 110, Washington DC 20002.[^3] Please
    address documents to the Secretary, to the attention of Nicole
    McGinnis, Room 4-B105, Policy and Rules Branch, Commercial Wireless
    Division, Wireless Telecommunications Bureau.

In addition, one copy of each comment must be delivered to the
Commission's duplicating contractor, Qualex International, telephone
(202) 863-2893, by facsimile (202) 863-2898, or via e-mail at
<qualexint@aol.com>.

By this Public Notice, we announce, pursuant to section 1.1200(a) of the
Commission's rules, 47 C.F.R.\
§ 1.1200(a), that this proceeding will be governed by
permit-but-disclose *ex parte* procedures that are applicable to
nonrestricted proceedings under section 1.1206 of the Commission's
rules.[^4] We believe the public interest will best be served by
applying permit-but-disclose *ex parte* procedures in this case, because
this proceeding involves broad public policy issues. 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 subject discussed. More
than a one or two sentence description of the views and arguments
presented is generally required.[^5] 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).

Cingular's waiver request is available for public inspection and copying
in the FCC's Reference Center, 445 12^th^ Street, SW, Room CY-A257,
Washington, DC 20554. Copies of the waiver request may also be obtained
from the Commission's duplicating contractor, Qualex International,
Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC, 20554,
telephone (202) 863-2893, facsimile (202) 863-2898, or e-mail at
<qualexint@aol.com>.

For further information, please contact Nicole McGinnis at (202)
418-0317 or nmcginni@fcc.gov.

By the Deputy Division Chief, Commercial Wireless Division, Wireless
Telecommunications Bureau.

[^1]: *See* In the Matter of Cingular Wireless LLC, Petition for Waiver
    of Section 22.367 of the Rules Concerning Wave Polarization in the
    Cellular Radiotelephone Service (filed Nov. 23, 2001) ("Petition for
    Waiver"); In the Matter of Cingular Wireless LLC, Petition for
    Waiver of Section 22.367 of the Rules Concerning Wave Polarization
    in the Cellular Radiotelephone Service, Supplement to Petition for
    Waiver (filed Jan. 14, 2002) ("Supplement to Petition for Waiver").

[^2]: *See* In the Matter of Implementation of Interim Electronic Filing
    Procedures for Certain Commission Filings, *Order*, FCC 01-345 (rel.
    Nov. 29, 2001).

[^3]: *See Public Notice*, "FCC Announces a New Filing Location for
    Paper Documents and a New Fax Number for General Correspondence," DA
    01-2919 (rel. Dec. 14, 2001).

[^4]: 47 C.F.R. § 1.1206.

[^5]: *See* 47 C.F.R. § 1.1206(b).