**DA 01-1582**

**MM Docket No. 01-145**

**Released: July 5, 2001**

PLEADING CYCLE ESTABLISHED FOR COMMENTS ON REQUEST FOR DECLARATORY
RULING TO REMOVE MINIMUM SUB-CARRIER REQUIRMENT FOR ORTHOGONAL FREQUENCY
DIVISION MULTIPLEXING MODULATION IN MULTIPOINT DISTRIBUTION SERVICE AND
INSTRUCTIONAL TELEVISION FIXED SERVICE

**Comment Date: July 19, 2001**

**Reply Comment Date: July 26, 2001**

By the Chief, Video Services Division:

1\. On March 13, 2001, Cisco Systems, Inc. ("Cisco") filed a request
that the Commission remove a restriction on permitted Orthogonal
Frequency Division Multiplexing ("OFDM") modulation in the Multipoint
Distribution Service ("MDS") and Instructional Television Fixed Service
("ITFS"). Specifically, Cisco requests the Commission declare that a
minimum of 256 QAM-modulated carriers (or tones) is not necessary in
order to use OFDM modulation in the MDS and ITFS.

2\. On July 9, 1996, the Commission adopted a declaratory ruling which
permits stations operating in the MDS and ITFS to utilize certain
digital emissions on a regular basis, so long as those emissions meet
certain requirements for power spectral uniformity and out-of-band
emissions.[^1] The Commission amended its channel utilization policy to
permit the routine authorization of digital transmissions using
Vestigial Sideband Modulation ("VSB") and Quadrature Amplitude
Modulation ("QAM"), and indicated that the Commission would consider
authorizing the use of other digital modulation schemes based upon
demonstrations of noninterference.[^2] In a subsequent proceeding, the
Commission adopted technical rule changes to provide MDS and ITFS
licensees flexibility to fully employ digital technology in delivering
two-way communication services and expanded the list of permissible
modulation techniques to include Code Division Multiple Access ("CDMA")
and Quadrature Phase Shift Keying ("QPSK") modulation.[^3]

3\. On August 31, 1998, Clarity Wireless, Inc. ("Clarity")[^4] filed a
Petition for Declaratory Ruling requesting that the Commission authorize
the use of OFDM digital modulation to provide MDS and ITFS networking.
Based on a study commissioned by Clarity, the Commission declared that
OFDM could be used in the MDS and ITFS and required that a minimum of
256 QAM-modulated carriers (or "tones") be utilized.[^5]

4\. In support of its request that the Commission remove the 256
QAM-modulation requirement, Cisco states the Commission has encouraged
the use of new digital modulation techniques and established a flexible
technology policy whereby advanced digital technologies would be
authorized on a case-by-case basis. Cisco notes that the Commission has
previously indicated that it would approve certain digital modulation
types without test data if it were determined to be a subset of an
already approved modulation type.[^6] Cisco asserts that the 256-tone
limit adopted in the *OFDM Order* needlessly constrains the OFDM
modulations, thereby preventing greater efficiencies in MDS/ITFS
operations.[^7] Cisco states that removal of the 256 QAM-modulation
requirement will allow designers to optimize their systems based on
various channels and allow operators to provide a wider range of
services to consumers.[^8]

5\. 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).

6\. Comments must be filed on or before July 19, 2001, and reply
comments by July 26, 2001. All documents filed in this proceeding should
indicate in the caption that this matter is before the Mass Media Bureau
and reference MM Docket No. 01-145. Comments may be filed via the
Commission\'s Electronic Comment Filing System (ECFS) via the Internet
to http:/ www.fcc.gov/e - file/ecfc.html\>. In completing the
transmittal screen, commenters should include their full name and Postal
Service mailing address, and reference MM Docket No. 01-145. Parties may
also submit electronic comments by Internet e-mail. To get filing
instructions for e-mail comments, commenters should send an e-mail to:
ecfs@fcc.gov, including \"get form \<your e-mail address\>\'\' in the
body of the message. A sample form and directions will be sent in reply.
Interested parties who choose to file by paper must file an original and
four copies of their comments with the Office of the Secretary, Federal
Communications Commission, 445 Twelfth Street, S.W., Room TW-A325,
Washington, D.C. 20554. In addition, parties should send: one paper copy
to Brad Lerner, Room 2-A733, Mass Media Bureau, Video Services Division,
Federal Communications Commission, 445 Twelfth Street, S.W., Washington,
D.C. 20554; one paper copy to the Reference Information Center, Federal
Communications Commission, 445 Twelfth Street, S.W., 20554; and one
paper copy and one diskette copy to ITS, Room CYB-400, 445 Twelfth
Street, S.W., Washington, D.C. 20554.

For further information, contact Brad Lerner, Mass Media Bureau, Video
Services Division at 202-418-7066 (email: blerner@fcc.gov).

\- FCC -

[^1]: *See Request for Declaratory Ruling on the Use of Digital
    Modulation by Multipoint Distribution Service and Instructional
    Television Fixed Service Stations, Declaratory Ruling and Order
    ("Digital Declaratory Ruling")*, 11 FCC Rcd 18839 (1996).

[^2]: *Id*.

[^3]: *See Amendment of Parts 21 and 74 to Enable Multipoint
    Distribution Service and Instructional Television Fixed Service
    Licensees to Engage in Fixed Two-Way Transmissions ("Two-Way
    Order")*, 13 FCC Rcd 19112 (1998), *recon.*, 14 FCC Rcd 12764
    (1999), *further recon.*, 15 FCC Rcd 14566 (2000); *see also* 47
    C.F.R. § 21.905.

[^4]: Subsequently, on November 2, 1998, Cisco Systems, Inc. acquired
    Clarity.

[^5]: *See Request for Declaratory Ruling on the Use of Orthogonal
    Frequency Division Multiplexing Modulation by Multipoint
    Distribution Service and Instructional Television Fixed Service
    Stations*, Declaratory Ruling and Order ("*OFDM Order*"), 14 FCC Rcd
    4121 (1999); *see also* 47 C.F.R. § 21.905.

[^6]: *See Cisco's Petition for Declaratory Ruling* (filed March 13,
    2001) at 3.

[^7]: *Id*. at 4.

[^8]: *Id.* at 8.