DA 00-1749

August 3, 2000

> **WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON WEST VIRGINIA
> PCS ALLIANCE, L.C.'S REQUEST FOR WAIVER OF THE FIVE YEAR BROADBAND PCS
> CONSTRUCTION REQUIREMENT FOR THE PARTITIONED CINCINNATI MTA (018)**
>
> **Comment Date: September 4, 2000 Reply Date: September 19, 2000**
>
> On July 7, 2000, West Virginia PCS Alliance, L.C. ("WV PCS"), licensee
> of call sign WPOH986, a license partitioned from the Cincinnati MTA,
> filed a request for waiver of the five year construction requirements
> under Section 24.203(a) of the Commission's rules, 47 C.F.R. §
> 24.203(a). Pursuant to this Section, licensees are required to provide
> adequate service to at least one-third of the population in their
> licensed areas within five years.
>
> WV PCS submits that it has met the threshold, but requests a waiver of
> the construction requirements in the event that the Commission
> concludes that WV PCS is not in compliance with those requirements. WV
> PCS states that the area for which it is responsible for provision of
> PCS is a primarily rural area with a widely dispersed population,
> which makes satisfactory coverage difficult and costly. In addition,
> WV PCS submits that based on its engineering analysis it covers 31.2
> percent of its market and, given the low population density, it should
> be deemed to have met the threshold.
>
> We seek comment on whether granting WV PCS's waiver request would
> further the public interest. Commenters should address the sufficiency
> of the showing made in support of the waiver in light of the
> requirements of 47 C.F.R. § 1.925 and any other public interest
> considerations. Interested parties may file comments on or before
> September 4, 2000. Parties interested in submitting reply comments
> must do so on or before September 19, 2000. All comments should
> reference WV PCS's request for waiver and include the DA number of
> this Public Notice DA 00-1749. Comments should be filed with the
> Office of the Secretary, Federal Communications Commission, TW B204,
> 445 12^th^ St. S.W., Washington, DC 20554. Comments also should be
> provided to Michael Ferrante, Room No. 4-C 124, Wireless
> Telecommunications Bureau, Federal Communications Commission, 445
> 12^th^ St. S.W., Washington, DC 20554.
>
> 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).
>
> The WV PCS waiver request is also available for public inspection and
> copying in the Reference Center, Room CY A257, 445 12th St., S.W.,
> Washington, DC 20554. Copies of the waiver request are also available
> from ITS at 1231 20^th^ St. N.W., Washington, DC 20036, or by calling
> (202) 857-3800.
>
> For further information, contact (202) 418-1323
>
> By the Chief, Commercial Wireless Division, Wireless
> Telecommunications Bureau