DA 06-1009

Released: May 10, 2006

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON CONSOLIDATED
REQUEST BY THE WCS COALITION FOR WAIVER OF WIRELESS COMMUNICATIONS
SERVICES (WCS) CONSTRUCTION RULE**

**WT Docket No. 06-102**

**Comment Date: June 9, 2006**

**Reply Comment Date: June 23, 2006**

On March 22, 2006, the WCS Coalition[^1] filed a request for waiver of
the Commission's Wireless Communications Services (WCS) construction
rule.[^2] The members of the WCS Coalition hold a total of 132 licenses
in the 2.3 GHz band, all of which are scheduled to expire on July 21,
2007. Under Section 27.14 of the Commission's rules, WCS licensees are
required to make a showing of substantial service in their license area
by the end of their license term.[^3] The WCS Coalition requests an
extension to July 21, 2010, assuming that by July 21, 2007, the
Commission has released permanent rules governing the operation of
Digital Audio Radio Service (DARS) terrestrial repeaters in spectrum
adjacent to the WCS allocation.[^4] If, however, the technical rules
governing DARS terrestrial repeaters are not resolved by July 21, 2007,
the Coalition requests an extension of three years from the release date
of an order establishing the technical rules.

In support of its waiver request, the WCS Coalition argues that the lack
of rules governing the operation of DARS terrestrial repeaters in
spectrum adjacent to the WCS allocation has resulted in regulatory
uncertainty regarding the degree to which WCS operations will be
protected from potential interference associated with DARS
transmissions.[^5] The WCS Coalition argues further that this
uncertainty has hindered WCS equipment development, network design, and
facility deployment. The Coalition claims that an extension is warranted
because these circumstances are beyond the control of WCS licensees.[^6]
The WCS Coalition also states that the resolution of these technical
issues will allow deployment of WCS equipment for broadband and other
advanced services to, in particular, rural and other areas, where
alternative services are not readily available. Finally, the WCS
Coalition states that rather than requiring the immediate deployment of
systems merely to preserve the licenses, a Commission grant of its
waiver request will result in the deployment of broadband and advanced
services that the licensees assert are the highest and best use of the
spectrum.[^7]

**GENERAL INFORMATION**

Comments must be filed no later than June 9, 2006, and reply comments
must be filed no later than June 23, 2006. All filings concerning
matters referenced in this Public Notice should refer to DA No. 06-xx.
Comments may be filed using: (1) the Commission's Electronic Comment
Filing System (ECFS): http://www.fcc.gov/cgb/ecfs/, (2) the Federal
Government's eRulemaking Portal: http://www.regulations.gov, or (3)
paper copies.[^8]

-   ECFS Filers: If multiple docket or rulemaking numbers appear in the
    caption of this proceeding, filers must transmit one electronic copy
    of the comments for each docket or rulemaking number referenced in
    the caption. In completing the transmittal screen, filers should
    include their full names, U.S. Postal Service mailing addresses, and
    the applicable docket or rulemaking number. Interested parties may
    also submit an electronic comment by Internet e-mail. To get filing
    instructions, filers should send an e-mail to ecfs@fcc.gov, and
    include the following words in the body of the message: "get form."
    A sample form and directions will be sent in response.

-   eRulemaking Filers: Filers should follow the instructions provided
    on the website for submitting comments.

-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number. Filings can be sent by hand or messenger
    delivery, by commercial overnight courier, or by first-class or
    overnight U.S. Postal Service mail (although we continue to
    experience delays in receiving U.S. Postal Service mail). All
    filings must be addressed to the Commission's Secretary, Office of
    the Secretary, Federal Communications Commission.

    -   The Commission's contractor will receive hand-delivered or
        messenger-delivered paper filings for the Commission's Secretary
        at 236 Massachusetts Avenue, NE., Suite 110, Washington,
        DC 20002. The filing hours at this location are 8:00 a.m. to
        7:00 p.m. All hand deliveries must be held together with rubber
        bands or fasteners. Any envelopes must be disposed of
        [before]{.underline} entering the building.

    -   Commercial overnight mail (other than U.S. Postal Service
        Express Mail and Priority Mail) must be sent to 9300 East
        Hampton Drive, Capitol Heights, MD 20743.

    -   U.S. Postal Service first-class, Express, and Priority mail
        should be addressed to 445 12^th^ Street, SW, Washington, DC
        20554.

Copies of this public notice, and the waiver request noted herein, will
be posted on the web at
http://gullfoss2.fcc.gov/prod/ecfs/comsrch_v2.cgi and will be available
for public inspection and duplication during regular business hours in
the FCC Reference Information Center, 445 12th Street, SW, Room CY-A257,
Washington, DC 20554. Copies of the comments and other filings in this
docket also may be obtained from the Commission's duplicating
contractor, Best Copy and Printing, Inc. in person at 445 12th Street,
SW, Room CY-B402, Washington, DC 20554, via telephone at (202) 488-5300
or (800) 378-3160, via facsimile at (202) 488-5563, or via e-mail at
fcc@bcpiweb.com. To request materials in accessible formats for people
with disabilities (braille, large print, electronic files, audio
format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

This proceeding is designated as a "permit‑but‑disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^9] 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.[^10] 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.[^11]

For further information, contact Guy Benson, Mobility Division, Wireless
Telecommunications Bureau at (202) 418-2946, TTY (202) 418-7233, or via
email at <Guy.Benson@fcc.gov>.

By the Chief, Mobility Division, Wireless Telecommunications Bureau.

**-FCC-**

[^1]: The WCS Coalition is comprised of all but one of the licensees of
    Wireless Communications Services spectrum in the continental United
    States. Its members include: AT&T Inc., BellSouth Corporation,
    Comcast Corporation, NextWave Broadband Inc., NTELOS, Inc., Sprint
    Nextel Corporation, Verizon Laboratories Inc., and WaveTel NC
    License Corporation.

[^2]: *See* WCS Coalition Consolidated Request for Limited Extension of
    Deadline for Establishing WCS Compliance with Section 27.14
    Substantial Service Requirement, filed March 22, 2006 (Waiver
    Request).

[^3]: 47 C.F.R. § 27.14.

[^4]: *See* Waiver Request at 16.

[^5]: Waiver Request at 9.

[^6]: Waiver Request at 2, 12.

[^7]: *Id.* at 3.

[^8]: *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    FR 24121 (1998).

[^9]: 47 C.F.R. §§ 1.1200(a), 1.1206.

[^10]: 47 C.F.R. § 1.1206(b).

[^11]: *Id*.