DA 04-2022

Released: July 2, 2004

**Wireless Telecommunications Bureau Seeks Comment on\
Aloha Partners, L.P.'s Request for Waiver of Section 27.60**

Comment Date: August 2, 2004 Reply Comment Date: August 17, 2004

On June 18, 2004, Aloha Partners, L.P. ("Aloha") filed an application,
File No. 0001777981, and an accompanying request for waiver of section
27.60 of the Commission's rules, 47 C.F.R. § 27.60. Section 27.60 sets
forth the protection criteria for base, fixed, control and mobile
transmitters operating in the 698-764 MHz and 776-794 MHz frequency
bands, in order to reduce the potential for interference to public
reception of existing TV/DTV broadcast stations transmitting on Channels
51 through 68.

In its application, Aloha seeks to deploy seven land mobile base
stations, each of which is located within the Grade B contour of
adjacent channel analog television broadcast station KWBA in Sierra
Vista, Arizona, near Tucson. Aloha's own channelization plan within its
"C-Band" allocation (740-746 MHz) proposes operation on two 1.25 MHz
channels located 3 MHz above the upper edge of TV channel 58 (734-740
MHz). In support of its waiver request, Aloha submits an engineering
study and claims that the possibility of interference to the off-air
reception of KWBA is virtually non-existent.

Interested parties may file comments on Aloha's waiver request on or
before August 2, 2004. Parties interested in submitting reply comments
must do so on or before August 17, 2004. All comments should reference
the DA number of this Public Notice, together with the Mobility Division
of the Wireless Telecommunications Bureau, and should be filed with the
Office of the Secretary, Federal Communications Commission, 445 12th
Street, S.W., Washington, DC 20554.[^1] A copy of each filing should
also be sent to: (1) Best Copy and Printing, Inc., 445 12th Street,
S.W., Room CY-B402, Washington, DC 20554; (2) Maria Ringold, Federal
Communications Commission, Consumer and Governmental Affairs Bureau,
Reference Information Center, 445 12th Street, S.W., Room CY-B529,
Washington, DC 20554; (3) Michael Ferrante, Federal Communications
Commission, Wireless Telecommunications Bureau, Mobility Division, 445
12th Street, S.W., Washington, DC 20554; and 4) Jay O'Connor, Federal
Communications Commission, Wireless Telecommunications Bureau, Mobility
Division, 445 12th Street, S.W., Washington, DC 20554.

The waiver request and responsive comments and reply comments will be
available for inspection and duplication during regular business hours
in the Reference Information Center of the Consumer Information Bureau,
Federal Communications Commission, 445 12th Street, S.W., Room CY-A257,
Washington, DC 20554. Copies may also be obtained from the Commission's
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street,
S.W., Room CY-B402, Washington, DC 20554, (202) 488-5300, facsimile
(202) 488-5563, email <fcc@bcpiweb.com>. For further information
regarding the public reference file for this request, contact Maria
Ringold, Chief, Wireless Branch, Reference Information Center, (202)
418-1355.

Because of the policy implications and potential impact of this
proceeding on persons not parties to this request, we believe it would
be in the public interest to treat this matter as a permit-but-disclose
proceeding under the *ex parte* rules, *see* Sections 1.1200(a) and
1.1206 of the Commission's Rules, 47 C.F.R. §§ 1.1200(a), 1.1206, rather
than a restricted proceeding under Section 1.1208 of the Commission's
Rules, 47 C.F.R. § 1.1208. Therefore, any *ex parte* presentations that
are made with respect to the issues involved in the subject request,
subsequent to the release of this Public Notice, will be allowed but
must be disclosed in accordance with the requirements of Section
1.1206(b) of the Commission's Rules, 47 C.F.R. § 1.1206(b).

For further information, contact Michael Ferrante or Jay O'Connor,
Mobility Division, Wireless Telecommunications Bureau at (202) 418-0620,
TTY (202) 418-7233, or via email to <Michael.Ferrante@fcc.gov> or
<Jay.OConnor@fcc.gov>.

By the Associate Chief, Mobility Division, Wireless Telecommunications
Bureau.

**- FCC -**

[^1]: The address for FCC filings should be used only for documents sent
    via the United States Postal Service first-class mail, Express Mail
    and Priority Mail. Hand-delivered or messenger-delivered documents
    for the Commission's Secretary are accepted only at 236
    Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other
    messenger-delivered documents, including documents sent by overnight
    mail (other than United States Postal Service Express Mail and
    Priority Mail) should be addressed for delivery to 9300 East Hampton
    Drive, Capitol Heights, MD 20743. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, 16 FCC Rcd 22165 (2001).