#  WT Docket 99-168

#  DA 00-31

#  Released: January 7, 2000

## PUBLIC COMMENT SOUGHT

## ON ISSUES RELATED TO GUARD BANDS IN THE

## 746-764 MHz AND 776-794 MHz SPECTRUM BLOCK

## (WT Docket No. 99-168)

##### Comment Date: January 18, 2000

**Final *Ex Parte* and Other Presentations Due: January 25, 2000**

In the *First Report and Order* in WT Docket No. 99-168, adopted January
5, 2000, the Commission adopted service rules, including technical,
operational, and licensing rules, for 30 MHz of the 746-764 MHz and
776-794 MHz bands (700 MHz band).[^1] The Commission provided for two
paired frequency bands -- one of 20 megahertz and one of 10 megahertz
\-- to address the increasing demand for broadband wireless access
capacity. To protect public safety licensees in bands immediately
adjacent to these 700 MHz bands, the Commission also provided for two
guard bands -- one of 4 megahertz and one of 2 megahertz. The Commission
also adopted out-of-band-emission (OOBE) criteria to protect public
safety uses from operations in the 30 megahertz spectrum blocks (747-762
MHz and 777-792 MHz).

In the weeks immediately preceding adoption of the *First Report and
Order*, the Commission received a large number of *ex parte* filings
addressing the technical and operational standards to be applied to the
guard bands. Parties advanced conflicting arguments on these issues and
the specific technical, operational and licensing regulations that are
necessary to adequately protect adjacent public safety operations.
Moreover, a number of these recent filings reflected new representations
and analyses of these issues by both potential bidders and the public
safety community.

In order to supplement the official record and to provide all interested
parties with a final opportunity, if they wish, to address issues
relating to the technical and operational standards the Commission
should establish for these 6 MHz guard bands, the Wireless
Telecommunications Bureau (Bureau) seeks comment on the following
limited issues. Parties should limit their comments to the specific
issues identified in this Public Notice. Seeking additional limited
comment should not preclude the Commission action necessary to meet the
Congressional mandate that the receipts from auctioning this spectrum be
deposited in the U.S. Treasury by September 30, 2000.

# [Issues on Which Comment Is Sought]{.underline}

-   What out-of-band emission (OOBE) limits should the Commission apply
    to licensees operating in the guard bands to protect public safety?

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-   For instance, should licensees operating in the guard bands be
    required to: (1) comply with the Adjacent Channel Coupled Power
    (ACCP) OOBE limits that were adopted for 700 MHz public safety
    operations and (2) implement frequency coordination procedures with
    the designated public safety coordinators?

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-   Should the Commission restrict operation in the guard bands to those
    entities that would not use an architecture that employs an intense,
    cellular-like frequency re-use pattern? Alternatively, should there
    be different OOBE and/or frequency coordination rules applicable to
    such systems?

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-   To the extent no restrictions are placed on the nature of the system
    architecture of the licensee operating in the guard bands, what
    other limitations should be placed on licensees because of the
    important need to protect public safety? For example, should the
    Commission require equipment in the guard bands not only to meet the
    same OOBE limits required of equipment operating in the 30 MHz
    spectrum, but also to frequency coordinate? What form should such
    frequency coordination take? As another example, should such
    equipment in the guard band be subject to higher OOBE limits than
    required of equipment operating in the 30 MHz spectrum? If so, would
    frequency coordination be necessary?

###### Procedural Matters

This proceeding has been designated as a \"permit‑but‑disclose\"
proceeding in accordance with the Commission\'s *ex parte* rules. 47
C.F.R. §§ 1.1200(a), 1.1206. 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).

Comments must be filed with the Bureau by **January 18, 2000;** reply
comments will not be accepted. ***Pursuant to section 1.1200(a) of the
Commission's rules, presentations on issues in this proceeding other
than those decided in the First Report and Order, will be prohibited
after 7 p.m., January 25, 2000, until release of the Commission's order
dealing with those issues. 47 C.F.R. 1.1200(a) & 1.1202(a).*** Parties
should reference WT 99-168 in their comments. Parties may obtain the
*First Report and Order* at the FCC website,
\<http://www.fcc.gov/e‑file/ecfs.html\>. The *First Report and Order* is
available for public inspection and copying in the Reference Center,
Room CY A-257, 445 12th St., S.W., Washington, DC 20554. Copies of the
*First Report and Order* are also available from ITS, at 1231 20th
Street, NW, Washington, DC 20036, or by calling (202) 857-3800.

Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies. Comments filed through the ECFS
can be sent as an electronic file via the Internet to
\<http://www.fcc.gov/e‑file/ecfs.html\>. Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, Postal
Service mailing address, and the applicable docket or rulemaking number.
Parties may also submit an electronic comment 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 St., S.W., Room TW‑A325,
Washington, D.C. 20554. In addition, parties should send two copies to
Stan Wiggins, Policy Division, Wireless Telecommunications Bureau,
Federal Communications Commission, 445 Twelfth St., S.W., Washington,
D.C. 20554, and one copy to ITS, at 1231 20th Street, N.W., Washington,
D.C. 20036.

FOR FURTHER INFORMATION CONTACT: Stan Wiggins or Martin Liebman at (202)
418‑1310 or by email at swiggins@fcc.gov or mliebman@fcc.gov. The TTY
number is: (202) 418‑0484. The fax number is (202) 418-8188.

\- FCC -

[^1]: *In the Matter of Service Rules for the 746-764 and 776-794 MHz
    Bands, and Revisions to Part 27 of the Commission's Rules*, WT
    Docket No. 99-168, FCC 00-5, Report and Order (rel. Jan. 7, 2000).