PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6611111111111111in"}

FEDERAL COMMUNICATIONS COMMISSION

1919 M STREET, N.W.

WASHINGTON, D.C. 20554 **DA 99-2398**

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

**Released:** **November 1, 1999**

**WIRELESS TELECOMMUNICATIONS BUREAU**

**REQUESTS COMMENT ON OMNIPOINT COMMUNICATIONS, INC.**

**REQUEST FOR DECLARATORY RULING OR WAIVER**

**CONCERNING PCS EMISSION LIMITS RULE § 24.238**

**Comment Deadline: December 1, 1999**

**Reply Comment Deadline: December 16, 1999**

On August 26, 1999, Omnipoint Communications, Inc. (Omnipoint), by its
attorneys, filed a request for a declaratory ruling or waiver concerning
Section 24.238 of the Commission\'s rules, 47 C.F.R. § 24.238. This rule
establishes limits on the power of any radio frequency emissions
transmitted by broadband Personal Communications Service (PCS) equipment
on frequencies outside of the licensee\'s assigned spectrum block.
Omnipoint through its subsidiaries and affiliates holds PCS licenses and
operates PCS systems that use Global System for Mobile Communications
(GSM) technology. The common industry practice for operating systems
employing GSM technology in compliance with § 24.238 is to simply
refrain from using two channels adjacent to each spectrum block edge
(hereinafter \"band-edge channels\"). Omnipoint requests a ruling or
waiver that would enable it to use the band-edge channels where they (or
another licensee consenting to such use) also hold the PCS license for
the adjacent spectrum block in the same geographical area. Omnipoint
suggests that granting the requested relief would be consistent with a
policy of not imposing technical regulations for which the only purpose
or effect is to reduce the likelihood that a licensee\'s operations
would cause radio frequency interference to its own facilities (or the
facilities of another licensee who consents to the interference risk).
Omnipoint further states that the requested ruling would serve the
public interest because it would enable it to make more efficient use of
its assigned spectrum.

The Wireless Telecommunications Bureau invites comment from other PCS
licensees, including those using other technologies, PCS equipment
manufacturers, and other interested parties, on Omnipoint\'s request,
and on the following related issues:

1)Should an alternative out‑of‑band emission limit (or no out‑of‑band
emission limit) apply where the PCS licenses for adjacent spectrum
blocks are held by the same licensee (or consenting licensees)? What
protection should be afforded to non‑participating PCS systems in
adjacent spectrum blocks at the geographical boundaries of the systems?

2)If PCS systems employing GSM technology were to use the band edge
channels, would this significantly increase potential for interference
to broadband PCS systems using other technologies?

3)Is it possible to devise out‑of‑band emission limits that would permit
broadband PCS systems (including those using GSM technology) to more
fully utilize their entire assigned spectrum block, yet still provide
adequate interference protection to adjacent spectrum users?

4)Should broadband PCS out‑of‑band emission limits apply to spectrum
block edges created by spectrum disaggregation?

Interested parties may file comments on Omnipoint\'s request no later
than December 1, 1999. Reply comments must be filed on or before
December 16, 1999. All comments should reference the Omnipoint request
and this Public Notice. An original and four copies of all pleadings
must be filed with the Office of the Secretary, Federal Communications
Commission, 445 12th Street S.W., Suite TW‑A325,
Washington, D.C.  20554.

One copy of each filing should be sent to Jay Jackson, Commercial
Wireless Division, Wireless Telecommunications Bureau,
445 12th Street S.W., Suite 4‑C234, Washington, DC 20554. Copies should
also be sent to: Office of Public Affairs, Public Reference Center,
445 12th Street S.W., Suite CY‑A257, Washington, DC  20554 and
International Transcription Service, Inc. (ITS), 1231 20th Street N.W.,
Washington, DC  20036.

Copies of Omnipoint\'s Waiver Request, comments and reply comments will
be available for inspection and duplication during regular business
hours in the Office of Public Affairs, Public Reference Center,
445 12th Street S.W, Suite CY‑A257, Washington, D.C. 20554. Copies may
also be obtained from ITS, 1231 20th Street N.W.,
Washington, D.C.  20036, (202) 857‑3800.

If you have questions about this Public Notice, please direct them to
Jay Jackson of the Commercial Wireless Division, Wireless
Telecommunications Bureau, by electronic mail to jackson@fcc.gov or by
telephone to (202) 418‑0620.