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

FEDERAL COMMUNICATIONS COMMISSION News media information 202/418-0500

445 12th St. SW Fax-On-Demand 202/418-2830

WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov

## DA 01-970

# Released: April 19, 2001

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON**

**SPACE DATA RESEARCH, LLC'S REQUEST FOR DECLARATORY RULING OR WAIVER
REGARDING THE NARROWBAND PCS RULES**

**Comment Date: May 21, 2001**

#### Reply Comment Date: May 31, 2001 

On April 10, 2001, Space Data Research, LLC, (Space Data) filed with the
Wireless Telecommunications Bureau (Bureau) a Request for Declaratory
Ruling or, in the Alternative for a Waiver (Request), regarding three
Commission rules that affect Space Data operations. The Bureau seeks
comment on the Request.

In the Request, Space Data states that it has developed a free-floating,
balloon-borne communications system to provide two-way paging and other
advanced messaging services across the United States, focusing on rural
and other underserved geographic regions too remote or costly to be
covered by ground-based infrastructure.[^1] According to Space Data, it
intends to acquire the nationwide Narrowband Personal Communications
Services (PCS) Channel 4 (901.15-901.20 MHz paired with 940.15-940.20
MHz) license from TSR Wireless, Inc. and operate its system on that
spectrum.[^2]

Because the Narrowband PCS rules, 47 C.F.R. Part 24, do not specifically
mention the types of operations envisioned by Space Data, it seeks
clarification regarding the issues below. First, Space Data asks the
Bureau to clarify, or in the alternative issue a waiver, that the term
"base station," as it is used in 47 C.F.R. Part 24, encompasses
high-altitude, balloon-borne "repeater" transceivers. Second, Space Data
ask the Bureau to clarify, or in the alternative issue a waiver, that
its system complies with the transmitter listing requirements set forth
in Section 24.415(j). Third, Space Data asks the Bureau to clarify that
the antenna registration requirements set forth in 47 C.F.R. 17.4, 17.7,
and 24.55, do not apply to antennas that are affixed to high-altitude,
balloon-borne "repeater" transceivers.

This matter shall be treated 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 on the Request must be filed on or before **May 21, 2001,** and
reply comments by **May 31, 2001**. All documents filed in this
proceeding should indicate in the caption that this matter is before the
Wireless Telecommunications Bureau, Commercial Wireless Division and
reference Public Notice DA No. 01-970. Interested parties 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: one paper copy to Melvin Spann, Room
4-C110, and one paper copy to Policy and Rules Branch, Room 4-A207,
Commercial Wireless Division, Wireless Telecommunications Bureau,
Federal Communications Commission, 445 Twelfth Street, S.W. Washington
D.C. 20554; one paper copy to the Public Reference Room, Federal
Communications Commission, 445 Twelfth Street, S.W, 20554; and one paper
copy and one diskette copy to ITS, Room CY-B400, 445 Twelfth St. S.W.,
Washington D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Melvin Spann of the Commercial Wireless
Division at (202) 418-1333 or mspann@fcc.gov.

By the Chief, Commercial Wireless Division, Wireless Telecommunications
Bureau.

[^1]: Space Data has been developing and testing its technology under
    Experimental License No. 0320-EX-PL-1999 (granted February 8, 1999.)

[^2]: *See* ULS File No. 0000423487, received April 10, 2001.