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

FEDERAL COMMUNICATIONS COMMISSION

1919 M STREET, N.W.

WASHINGTON, D.C. 20554 **DA 00-1841**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

**Released: August 14, 2000**

**Wireless Telecommunications Bureau Sets Permit-but-Disclose Status
for**

**PDC Broadband Corporation Requests for Waiver of Part 101 Rules**

On April 18, 2000, PDC BroadBand Corporation (PDC) filed requests for
waiver of Sections 101.101, 101.105, 101.107, 101.111, 101.115, 101.139
and 101.603 of the Commission\'s Rules, 47 C.F.R. §§ 101.101, 101.105,
101.107, 101.111, 101.115, 101.139, 101.603, as well as any other fixed
microwave radio service rules necessary to permit the processing of its
applications pertaining to deployment of service in the 12.2-12.7 GHz
band. PDC seeks authority to provide multichannel video programming,
including the retransmission of local television broadcast signals, to
210 markets throughout the United States. PDC also proposes to provide
data transmission services and Internet services to consumers in these
various markets.

In its waiver requests, PDC argues that compliance with the technical
limitations contained in Sections 101.105, 101.107, 101.111 and 101.115
of the Commission\'s Rules are meant for typical two-way, private or
common carrier point-to-point microwave systems and are inapplicable
here. PDC contends that Section 101.139 requires that the Commission
certify all transmitters used for the provision of microwave services
and that this requirement should be waived in order to ensure the
expeditious deployment of its proposed services. PDC further argues that
Sections 101.101 and 101.603 preclude the transmission of video
entertainment material to customers in the 12.2-12.7 GHz band and are no
longer appropriate in the band because the spectrum is now used by DBS
operators.

We note that the 12.2-12.7 GHz band is the subject of an ongoing
rulemaking proceeding[^1] and was one of the bands listed in the
International Bureau\'s Public Notice No. SPB-141, released on November
2, 1998, establishing a final cut-off date to file applications for
non-geostationary satellite orbit fixed satellite service in the
12.2-12.7 GHz frequency band that may be mutually exclusive with
previously filed applications of Skybridge, L.L.C. (Skybridge). PDC
filed applications for use of the 12.2-12.7 GHz frequency band,
proposing to use technology using similar compression algorithms as
employed by DBS to enable sharing of this spectrum with existing direct
broadcast satellite, geostationary satellite and other fixed microwave
systems. PDC asserts that its proposed service will be on a secondary,
non-interfering basis to direct broadcast satellite services and on a
co-primary basis with any fixed satellite services, such as that
proposed by Skybridge.

Requests for waiver of the Commission\'s Rules are subject, unless
otherwise provided, to treatment by the Commission as restricted
proceedings for *ex parte* purposes under Section 1.1208 of the
Commission\'s Rules, 47 C.F.R. § 1.1208. Because of the policy
implications and the potential impact of this proceeding on other
proceedings, as well as, persons not parties to the waiver requests, we
believe it would be in the public interest to treat this case as a
permit-but-disclose proceeding under the *ex parte* rules.[^2]
Therefore, any *ex parte* presentations that are made with respect to
the issues involved in the subject waivers, subsequent to the release of
this Public Notice, will be permissible 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).

All written *ex parte* presentations and all written disclosures of oral
*ex parte* presentations should reference PDC\'s Waiver Requests and DA
00-XXX and be filed with the Office of Secretary, Federal Communications
Commission, 445 Twelfth Street, S.W., TW-A325, Washington, D.C. 20554. A
copy of each filing should be sent to International Transcription
Service, Inc. (ITS), 1231 20th Street, N.W., Washington, D.C. 20036,
(202) 857-3800 and to Jennifer Burton, Federal Communications
Commission, Wireless Telecommunications Bureau, Public Safety and
Private Wireless Division, Policy and Rules Branch, 445 Twelfth Street,
S.W., 4-C207, Washington, D.C. 20554.

The full text of the Requests for Waivers, written *ex parte*
presentations, and all written disclosures of oral *ex parte*
presentations are available for public inspection and duplication during
regular business hours in the Public Safety and Private Wireless
Division, Wireless Telecommunications Bureau, 445 Twelfth Street, S.W.,
4-C207, Washington, D.C. 20554. Copies also may be obtained from ITS,
1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800.

For further information, contact Jennifer Burton or Michael Pollak of
the Policy and Rules Branch, Public Safety and Private Wireless
Division, Wireless Telecommunications Bureau at (202) 418-0680.

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.

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J. Burton

M. Pollak

[^1]:     ^?^ *See* Amendment of Parts 2 and 25 of the Commission\'s
    Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO
    and Terrestrial Systems in the Ku-Band Frequency Range and Amendment
    of the Commission\'s Rules to Authorize Subsidiary Terrestrial Use
    of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees
    and Their Affiliates, *Notice of Proposed Rulemaking*, ET Docket No.
    98-206, FCC 98-310 (rel. November 24, 1998).

[^2]:     ^?^ *See* Sections 1.1200(a) and 1.1206 of the Commission\'s
    Rules, 47 C.F.R. § 1.1200(a), 1.1206.