**PUBLIC NOTICE**![](media/image1.png){width="0.7166666666666667in"
height="0.7354166666666667in"}

**FEDERAL COMMUNICATIONS COMMISSION**

**445 12th STREET S.W.**

**WASHINGTON, D.C. 20554**

News media information 202/418-0500

Fax-On-Demand 202/418-2830

Internet: http://www.fcc.gov

ftp.fcc.gov

**DA 99-1838**

**Released: September 9, 1999**

**OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES DIVERSIFIED
COMMUNICATIONS ENGINEERING, INC. APPLICATIONS FOR MODIFICATION OF
EXPERIMENTAL RADIO LICENSE AND FOR SPECIAL TEMPORARY AUTHORITY FOR
STATION WA2XMY TO BE A \"PERMIT-BUT-DISCLOSE\" PROCEEDING FOR *EX PARTE*
PURPOSES**

On January 8, 1998, Diversified Communications Engineering, Inc.
(\"Diversified\") filed an application for modification of Experimental
Radio license (File No. 6001-EX-MR-1998) for Station WA2XMY. This
station was previously granted an Experimental Radio license for a
transmitting antenna at King Ranch, Texas, and, by the modification
application, Diversified sought to add an additional transmitting
antenna at Austin, Texas. By its experimentation, Diversified seeks to
determine whether simultaneous co-channel terrestrial signals can be
transmitted on frequencies in the 12.2-12.7 GHz band assigned to the
Direct Broadcast Satellite (\"DBS\") service without causing harmful
interference to DBS receivers.

On July 20, 1998, the staff granted the modification application for
Austin, Texas, with conditions designed to prevent the occurrence of
harmful interference. On August 18, 1998, DirecTV, a DBS licensee, filed
a petition for reconsideration of the modification grant.

On March 12, 1999 Diversified filed an application for Special Temporary
Authority (\"STA\") (File No. 0094-EX-ST-1999) to conduct tests and a
demonstration of its technology in Washington, D.C. for experimental
Station WA2XMY. On May 27, 1999, the Experimental Licensing Branch
granted the STA for Washington, D.C. On June 25, 1999, DirecTV filed an
\"Application for Expedited Review and Request for Immediate Suspension
of Testing,\" directed against the grant of the STA. On July 26, 1999
EchoStar filed an \"Emergency Petition for Cease and Desist Order,\"
requesting the immediate cessation of Diversified\'s D.C.
experimentation. The staff held meetings on July 21 and August 2, 1999
with Diversified, DirecTV and EchoStar, and on August 9, 1999 the
Experimental Licensing Branch issued to Diversified a revised
authorization containing additional conditions designed to address the
interference and other concerns raised by the petitioners.

The Office of Engineering and Technology (OET) finds that Diversified\'s
proposed experimentation is likely to produce data that will useful to
the Commission in evaluating the sharing potential between terrestrial
and DBS services in the 12.2-12.7 GHz band. This same issue has been
raised with the Commission by affiliates of Diversified (Northpoint
Technology and Broadwave) in two other pending proceedings which have
\"permit-but-disclose\" *ex* *parte* status: *Notice of Proposed
Rulemaking* in ET Docket No. 98-206 (FCC 98-310, released November 24,
1998) which concerns re-allocation of the 12.2-12.7 GHz band, and
applications for licenses and waivers under Part 101 of the
Commission\'s rules filed by Broadwave Albany, L.L.C., et al.
(*Corrected Public Notice*, DA 99-494, released March 11, 1999). OET
concludes that in order to permit a fuller exchange on the issues under
consideration by the Commission, the public interest would be served by
also classifying the proceedings for experimental Station WA2XMY,
including both the Texas and Washington, D.C. locations, as
\"permit-but-disclose\" proceedings for *ex parte* purposes in
accordance with Section 1.1200(a) of the Commission\'s rules and subject
to the requirements under Section 1.1206(b) of the rules.

Persons making oral *ex parte* presentations are reminded that memoranda
summarizing the presentation must contain a summary of the substance of
the presentation 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)(2). Other
rules pertaining to oral and written presentations are set forth in
Section 1.1206(b)(2).

For further information, contact Charles Iseman, Deputy Chief,
Electromagnetic Compatibility Division, OET, at (202) 418-2444.

By the Chief, Office of Engineering and Technology