PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

445 TWELFTH STREET, S.W.

WASHINGTON, D.C. 20554 **DA 06-2589**

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

**Released: December 22, 2006**

**MODIFICATION OF *EX PARTE* STATUS**

WT Docket No. 05-7

File Nos. 0002720030, 0002786879, 0002786917, 0002786920, 0002786925,
0002786933,

0002786940, 0002786969, 0002786981, 0002786987, 0002827513, and
0002851157

By this Public Notice, the Wireless Telecommunications Bureau announces
that, effective today, presentations in the above-captioned proceedings
are subject to the "permit-but-disclose" requirements set forth in
Section 1.1206 of the Commission\'s *ex parte* rules.[^1]

On October 13, 2006, the Commission released an order in WT Docket No.
05-7, granting in part and denying in part a request for declaratory
ruling filed by QUALCOMM Incorporated (Qualcomm) regarding the
interference protection requirements applicable to the 700 MHz Band.[^2]
Specifically, the Commission declared that Office of Engineering and
Technology Bulletin No. 69 (OET-69), with certain modifications, is an
acceptable methodology for making alternative showings for Qualcomm\'s
MediaFLO system pursuant to the Section 27.60(b)(1)(iii) provision for
demonstrating compliance with incumbent broadcaster protection
requirements.[^3] The Commission, however, declined to establish through
declaratory ruling a *de minimis* exception to the Section 27.60
interference protection criteria. Rather, it found it "in the public
interest to grant a waiver to Qualcomm providing a measured approach
towards the requested *de minimis* interference exception, whereby the
percentage of permissible interference incrementally increases each year
from the release of this order until the end of the DTV transition."[^4]

On November 13, 2006, The Association for Maximum Service Television,
Inc. (MSTV) filed a Petition for Reconsideration and/or Clarification of
the *Qualcomm Order* (MSTV Petition).[^5]

WT Docket 05-7 originally commenced as a declaratory ruling proceeding,
subject to the Commission's permit-but-disclose *ex parte* rules.[^6] In
the *Qualcomm Order*, however, the Commission acted through both its
declaratory ruling and waiver authority. All waiver proceedings (except
those relating to tariff filings) are "restricted" under the *ex parte*
rules.[^7] And the Commission's grant of a waiver to Qualcomm is
contested as a result of the MSTV Petition.

In addition, Qualcomm has filed the 12 applications identified above,
seeking operating authority predicated, at least in part, on
determinations made in the *Qualcomm Order.* Applications for authority
under Title III of the Communications Act are "restricted" under the *ex
parte* rules.[^8] Each of the 12 applications is thus far uncontested,
however, and Qualcomm therefore could make presentations to staff
without having to serve or notice any third party consistent with Note 1
to Section 1.1208.[^9] WT Docket 05-7 and the 12 applications have
technical, legal, and policy issues in common, yet are currently subject
to divergent disclosure requirements under the Commission's *ex parte*
rules. We seek to reduce possible confusion and ensure that consistent
and transparent *ex parte* rules apply in these proceedings. We find
that the public interest would be served by modifying the *ex parte*
status of each proceeding to permit-but-disclose status, thereby
ensuring uniform treatment under the Commission's *ex parte* rules.
Accordingly, we hereby redesignate WT Docket 05-7 and the 12
applications identified above as "permit-but-disclose" under Section
1.1206(b).[^10]

Parties making oral *ex parte* presentations in these proceedings are
reminded that memoranda summarizing the presentation must contain the
presentation's substance and not merely list the subjects
discussed.[^11] More than a one- or two-sentence description of the
views and arguments presented is generally required.[^12]

Alternate formats of this public notice (computer diskette, large print,
audio recording, and Braille) are available to persons with disabilities
by contacting Brian Millin at (202) 418-7426 (voice), (202) 418-7365
(TTY), or send an e-mail to <access@fcc.gov>.

For questions regarding this public notice, please contact Richard
Arsenault, Mobility Division, Wireless Telecommunications Bureau, at
(202) 418-0920.

**-FCC-**

[^1]: 47 C.F.R. § 1.1206.

[^2]: In The Matter of Qualcomm Incorporated Petition for Declaratory
    Ruling, *Order*, WT Docket No. 05-7, FCC 06-155 (rel. Oct. 13, 2006)
    (*Qualcomm Order*).

[^3]: *Id.*

[^4]: *Id.*

[^5]: On November 22, 2006, Pappas Southern California License, LLC
    filed comments in support of the MSTV Petition.

[^6]: 47 C.F.R. § 1.1206.

[^7]: 47 C.F.R. § 1.1208.

[^8]: *Id.*

[^9]: *Id.*, note 1.

[^10]: 47 C.F.R. § 1.1206(b).

[^11]: *See* "Commission Emphasizes the Public's Responsibilities in
    Permit-But-Disclose Proceedings," *Public Notice*, 15 FCC Rcd 19945
    (2000).

[^12]: *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) as
    well. *Id.* § 1.1206(b).