DA 05-1662

Released: June 15, 2005

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON WCS Wireless, LLC
REQUEST FOR WAIVER OF SECTION 27.50(a)**

Comment Date: July 5, 2005

Reply Comment Date: July 15, 2005

I.  **Introduction:**

On April 1 and May 19, 2005, respectively, WCS Wireless, LLC ("WCSW")
filed sixteen applications,[^1] accompanied by a request for waiver of
Section 27.50(a) of the Commission's Rules, 47 C.F.R. § 27.50(a).
Section 27.50(a) restricts the power at which licensees in the 2.3 GHz
Wireless Communications Service ("WCS") can operate to 2000 watts peak
EIRP. In requesting a waiver, WCSW states that the 2000 watt power
limitation should be based upon average power rather than peak power. It
states that the peak power limitation, while quite possibly appropriate
when adopted in 1997, is now unduly restrictive.

Use of peak power limitation, according to WCSW, has the effect of
limiting the coverage and capacity of WCS systems using sophisticated
wide-band technologies such as Orthogonal Frequency Division
Multiplexing (OFDM). Moreover, WCSW states that there is no
corresponding benefit associated with the use of peak power, as the
potential for interference against which it was designed to protect no
longer exists given the fact that adjacent band operations now utilize
terrestrial links.

II. **Applications**:

  ------------------ ----------------------------------- -----------------
  **File Number**    **Applicant Name**                  **Call Sign**
  [^2]                                                   

  0002109551         WCS Wireless License Subsidiary,    KNLB301
                     LLC                                 

  0002109553         WCS Wireless License Subsidiary,    KNLB300
                     LLC                                 

  0002109561         WCS Wireless License Subsidiary,    KNLB299
                     LLC                                 

  0002109564         WCS Wireless License Subsidiary,    KNLB298
                     LLC                                 

  0002109567         WCS Wireless License Subsidiary,    KNLB297
                     LLC                                 

  0002109573         WCS Wireless License Subsidiary,    KNLB296
                     LLC                                 

  0002109577         WCS Wireless License Subsidiary,    KNLB295
                     LLC                                 

  0002109580         WCS Wireless License Subsidiary,    KNLB207
                     LLC                                 

  0002166553         WCS Wireless License Subsidiary,    KNLB208
                     LLC                                 

  0002166556         WCS Wireless License Subsidiary,    KNLB302
                     LLC                                 

  0002166559         WCS Wireless License Subsidiary,    KNLB303
                     LLC                                 

  0002166576         WCS Wireless License Subsidiary,    KNLB304
                     LLC                                 

  0002166614         WCS Wireless License Subsidiary,    KNLB305
                     LLC                                 

  0002166630         WCS Wireless License Subsidiary,    KNLB306
                     LLC                                 

  0002166676         WCS Wireless License Subsidiary,    KNLB307
                     LLC                                 

  0002166700         WCS Wireless License Subsidiary,    KNLB308
                     LLC                                 
  ------------------ ----------------------------------- -----------------

III. **General Information:**

Interested parties may file comments on WSCW's Section 27.50(a) waiver
request on or before **July 5, 2005**. Parties interested in submitting
reply comments must do so on or before **July 15, 2005**. All comments
should reference the subject request including the DA number of this
Public Notice, and should be filed with the Office of the Secretary,
Federal Communications Commission, 445 Twelfth Street, S.W., TW-325,
Washington, D.C. 20554.[^3] A copy of each filing also should be sent
to 1) Best Copy and Printing, Inc., 445 Twelfth Street, S.W., Room
CY-B402, Washington, D.C. 20554; and 2) Maria Ringold, Federal
Communications Commission, Consumer and Governmental Affairs Bureau,
Reference Information Center (RIC), 445 Twelfth Street, S.W., Room
CY-B529, Washington, D.C. 20554.

The waiver request and responsive comments and reply comments will be
available for inspection and duplication during regular business hours
in the Reference Information Center (RIC) of the Consumer Information
Bureau (CIB), Federal Communications Commission, 445 Twelfth Street,
S.W., Room CY-A257, Washington, D.C. 20554. Copies may also be obtained
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., Portals II, 445 Twelfth Street, S.W., Room CY-B402, Washington,
D.C. 20554, (202) 863-2893, facsimile (202) 863-2898, or via e-mail
[www.bcpiweb.com](mailto:qualexint@aol.com). For further information
regarding the public reference file for this request, contact Maria
Ringold, Chief, Wireless Branch, RIC, (202) 418-1355.

Because of the policy implications and potential impact of this
proceeding on persons not parties to this request, we believe it would
be in the public interest to treat this matter as a permit-but-disclose
proceeding under the *ex parte* rules, *see* Sections 1.1200(a) and
1.1206 of the Commission's Rules, 47 C.F.R. §§ 1.1200(a), 1.1206, rather
than a restricted proceeding under Section 1.1208 of the Commission's
Rules, 47 C.F.R. § 1.1208. Therefore, any *ex parte* presentations that
are made with respect to the issues involved in the subject request,
subsequent to the release of this Public Notice, will be allowed 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).

For further information, contact Michael Ferrante or Moslem Sawez of the
Mobility Division of the Wireless Telecommunications Bureau at (202)
418-0620, TTY (202) 418-7233 or via email to
[Michael.Ferrante@fcc.gov](mailto:Michael.ferrante@fc.gov) or
[Moslem.Sawez@fcc.gov]{.underline}.

By the Associate Chief, Mobility Division, Wireless Telecommunications
Bureau.

[^1]: WCSW"s applications are listed in Section II of this Public
    Notice.

[^2]: The initial eight applications (*i.e.* those file nos. starting
    with 002109...) were filed on April 1, 2005 and were amended on May
    16, 2005. The second set of eight applications (*i.e.* those file
    nos. starting with 002166...) were filed on May 19, 2005.

[^3]: The address for FCC filings should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission's Secretary are accepted only at 236
    Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other
    messenger-delivered documents, including documents sent by overnight
    mail (other than United States Postal Service Express Mail and
    Priority Mail) should be addressed for delivery to 9300 East Hampton
    Drive, Capitol Heights, MD 20743. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, 16 FCC Rcd 22165 (2001).