**PUBLIC NOTICE**![](media/image1.png){width="0.7388888888888889in"
height="0.7458333333333333in"}

FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418-0500

445 12th STREET, S.W. Fax-On-Demand: (202) 418-2830

# WASHINGTON, D.C. 20554 Internet: [**http://www.fcc.gov**](http://www.fcc.gov/)

# ftp.fcc.gov

DA 00-219

February 4, 2000

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON QUALCOMM
INCORPORATED'S PETITION FOR DECLARATORY RULING SEEKING 700 MHZ BAND
LICENSE PURSUANT TO RULING OF U.S CIRCUIT COURT OF APPEALS

Comment Date: February 14, 2000 Reply Date: February 21, 2000

QUALCOMM Incorporated ("QUALCOMM") has filed a Petition for Declaratory
Ruling[^1] pursuant to Section 1.2 of the Rules and Regulations of the
Federal Communications Commission ("FCC" or "Commission").[^2] QUALCOMM
seeks to withdraw its pending pioneer's preference request for the A
Block broadband PCS license in the Southern Florida Major Trading Area
and substitute for it the 700 MHz band D Block license (752-762 MHz and
782-792 MHz) in the Southeast Economic Area Grouping 3 ("EAG 3").[^3]

QUALCOMM contends that the 700 MHz band D Block license is the only
immediately available license that will satisfy the mandate of the Court
of Appeals for the District of Columbia. Circuit.[^4] QUALCOMM submits
estimates of spectrum value to support its contention.

We seek comments on all aspects of QUALCOMM's petition. All comments
should reference the DA number of this Public Notice (DA 00-219).
Comments should be filed with the Office of the Secretary, Federal
Communications Commission, Room TW-B204, 445 12^th^ Street, S.W.,
Washington, D.C., 20554. Comments also should be provided to Nicole
Oden, Auctions and Industry Analysis Division, Room 4-B551, Wireless
Telecommunications Bureau, Federal Communications Commission, 445 12^th^
Street, S.W., Washington, D.C., 20554.

This proceeding has been designated as a \"permit-but-disclose\"
proceeding in accordance with the Commission\'s *ex parte* rules.[^5]
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.[^6] 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.[^7]

QUALCOMM's Petition for Declaratory Ruling is available for public
inspection and copying in the Commission's Reference Center, Room
CY-A257, 445 12th Street, S.W., Washington, D.C., 20554. A copy may also
be attained from ITS at 1231 20^th^ Street, N.W., Washington, D.C.,
20036, or by calling (202) 857-3800.

For further information, contact Nicole Oden of the Auctions and
Industry Analysis Division at (202) 418-0660.

By the Chief, Wireless Telecommunications Bureau

-FCC-

## 

[^1]: QUALCOMM Incorporated Petition for Declaratory Ruling Giving
    Effect the Mandate of the District of Columbia Circuit Court of
    Appeals (filed January 28, 2000). *See* Attachment.

[^2]: 47 C.F.R. §1.2.

[^3]: *See* Service Rules for the 746-764 and 776-794 MHz Bands and
    Revisions to Part 27 of the Commission's Rules, *First Report and
    Order*, WT Docket No. 99-168, FCC 00-5, released January 7, 2000
    ("*700 MHz First Report and Order*").

[^4]: *See* *QUALCOMM Incorporated v FCC*, 181 F.3^rd^ 1370 (D.C. Cir.
    1999).

[^5]: 47 C.F.R. §§ 1.1200(a), 1.1206.

[^6]: *See* 47 C.F.R. § 1.1206(b).

[^7]: 47 C.F.R. § 1.1206(b).