**PUBLIC NOTICE**![](media/image1.png){width="0.8020833333333334in"
height="0.8097222222222222in"}

**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 01-1547**

**Released: June 29, 2001**

**OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES MDS AMERICA, INC.
APPLICATION FOR EXPERIMENTAL RADIO STATION LICENSE FOR STATION WC2XPU TO
BE A \"PERMIT-BUT-DISCLOSE\" PROCEEDING FOR *EX PARTE* PURPOSES**

On April 20, 2001, MDS America, Inc. filed an application for
Experimental Radio Station License (File No. 0095-EX-PL-2001) for
Station WC2XPU. By its experimentation, MDS America seeks to test the
"HyperCable" broadband wireless technology developed by MDS
International and to demonstrate that this technology can share the
12.2-12.7 GHz band without causing harmful interference to the Direct
Broadcast Satellite (\"DBS\") systems licensed in the band.

On May 2, 2001, the staff granted the application with conditions
designed to prevent the occurrence of harmful interference. On May 21,
2001, the staff reissued the license with additional conditions further
designed to prevent interference. On June 15, 2001, DirecTV, Inc. and
EchoStar Satellite Corporation, DBS licensees, filed an "Emergency
Petition for a Cease and Desist Order and for a Freeze Order,"
requesting the Commission to order Station WC2XPU to cease and desist
from conducting experiments.

The issue of whether specific terrestrial wireless technology can share
the 12.2-12.7 GHz band without causing harmful interference to DBS
services in the band is pending in ET Docket No. 98-206. As a rulemaking
proceeding, this docket has "permit-but-disclose" status under the
Commission's *ex parte* rules. The same issue is also pending in the
Broadwave Albany, L.L.C. *et al.* licensing proceeding, which has also
been designated with "permit-but-disclose" status. *See Corrected Public
Notice*, DA 99-494, released March 11, 1999. Finally, the issue is also
present in the Experimental Radio Station WA2XMY licensing proceeding,
which also has been designated with "permit-but-disclose" status. *See
Public Notice,* DA 99-1838, released September 9, 1999. As in the case
of WA2XMY, OET now concludes that in order to permit a fuller exchange
on the issues under consideration by the Commission, the public interest
would be served by classifying the instant experimental radio licensing
proceeding as a \"permit-but-disclose\" proceeding 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 Acting Chief, Office of Engineering and Technology