[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)]
[Rules and Regulations]
[Pages 12959-12960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7015]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 27, and 97

[GN Docket No. 96-228; DA 97-548]


The Wireless Communications Service (``WCS'')

AGENCY: Federal Communications Commission

ACTION: Final rule; petitions for reconsideration.

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SUMMARY: On March 13, 1997, the Wireless Telecommunications Bureau of 
the Federal Communications Commission released a Public Notice 
establishing an expedited pleading cycle for oppositions and replies to 
oppositions to two petitions for reconsideration of the Commission's 
Report and Order establishing rules and policies for a new Wireless 
Communications Service (``WCS'') in the 2305-2320 and 2345-2360 MHz 
bands. The Public Notice summarizes the petitions for reconsideration 
and announces that oppositions to the petitions for reconsideration are 
due on or before March 21, 1997, and that replies to oppositions to the 
petitions for reconsideration are due on or before March 25, 1997.

DATES: Oppositions are due on or before March 21, 1997. Replies to 
oppositions are due on or before March 25, 1997.

FOR FURTHER INFORMATION CONTACT: Josh Roland or Matthew Moses, Wireless 
Telecommunications Bureau, (202) 418-0660.

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice 
released on March 13, 1997. The complete Public Notice is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., 
20554, and also may be purchased from the Commission's copy contractor, 
International transcription Services, (202) 857-3800, 2100 M Street, 
N.W., Washington, D.C. 20037. The complete Public Notice is also 
available on the Commission's Internet home page (http://www.fcc.gov).

Summary of the Public Notice

Expedited Pleading Cycle Established for Oppositions and Replies to 
Oppositions to Petitions for Reconsideration Filed by the Wireless 
Cable Association International, Inc. and by PACS Providers Forum 
and DigiVox Corporation

March 13, 1997.
    Oppositions Due: March 21, 1997.
    Replies to Oppositions Due: March 25, 1997.
    The Federal Communications Commission has received two petitions 
for reconsideration of the Commission's Report and Order reallocating 
the frequencies at 2305-2320 and 2345-2360 MHz and establishing auction 
and service rules for the Wireless Communications Service (``WCS''). 
See Amendment of the Commission's Rules to Establish Part 27, the 
Wireless Communications Service,'' GN Docket No. 96-228, Report and 
Order, FCC 97-50, 62 FR 9636 (March 3, 1997) (``WCS Report and 
Order''). The Commission's action in adopting these rules was taken in 
response to the Congressional mandate expressed in Section 3001 of the 
Omnibus Consolidated Appropriations Act, 1997, that the Commission 
reallocate and assign the use of these frequencies by means of 
competitive bidding commencing no later than April 15, 1997. See 
Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, 110 
Stat. 3009 (1996).
    On March 10, 1997, the Wireless Cable Association International, 
Inc. (``WCA'') filed a ``Petition for Expedited Reconsideration'' of 
the WCS Report and Order. WCA requests that the Commission reconsider 
its decision not to impose any technical restrictions on WCS licensees 
designed to prevent interference with Multipoint Distribution Service 
(``MDS'') and Instructional Television Fixed Service (``ITFS'') 
operations in the 2150-2162 and 2500-2690 MHz bands. WCA states that it 
is necessary to limit WCS radiated power to 20 watts EIRP in order to 
avoid blanketing interference which could adversely effect MDS and ITFS 
operations throughout the United States. Interested parties should 
address the appropriateness of the proposed power limitation and its 
potential effect on prospective WCS operations. In addition, it would 
be useful to have commenters' views on whether a different power limit 
than that proposed by WCA would be more appropriate, and alternatively 
on whether and in what circumstances, in the absence of a specific 
power limit, a WCS licensee should be required to take remedial action 
if blanketing interference to MDS or ITFS reception is demonstrated.
    On March 11, 1997, PACS Providers Forum (``PPF'') and DigiVox 
Corporation (``DigiVox'') jointly filed a ``Petition for Expedited 
Reconsideration'' of the WCS Report and Order urging the Commission to 
reconsider the out-of-band emission limits adopted for WCS. 
Specifically, PPF and DigiVox argue that the out-of-band emission 
limits for WCS are unnecessarily stringent, and that lower limits would 
permit a greater number of potential uses for the WCS spectrum while at 
the same time protecting satellite DARS operations in adjacent 
spectrum. In addition to requesting lower out-of-band emission limits 
generally, PPF and DigiVox propose that the Commission adopt additional 
operating parameters for certain operations in the WCS A and B blocks, 
such as Personal Access Communications Systems (``PACS''). Commenters 
are requested to address whether lower out-of-band emission limits 
would adequately protect satellite DARS operations from interference 
caused by WCS operations, and whether requiring low-power services such 
as PACS to employ the proposed parameters when operating in WCS 
spectrum would mitigate the need for the out-of-band emission limits 
adopted in the WCS Report and Order.
    In an effort to rapidly resolve these matters given the statutory 
deadline of April 15, 1997, for commencement of

[[Page 12960]]

competitive bidding in the WCS auction, the Wireless Telecommunications 
Bureau is establishing an expedited pleading cycle. See 47 CFR 1.429 
and 47 CFR 1.3 (providing that Commission rules may be suspended, 
revoked, amended or waived for good cause shown).
    Parties should file oppositions to the petitions by Friday, March 
21, 1997, and replies to oppositions by Tuesday, March 25, 1997, with 
the Secretary, Federal Communications Commission, 1919 M Street, N.W., 
Room 222, Washington, D.C. 20554. In addition, two copies should be 
hand delivered to: (1) Auctions Division, Wireless Telecommunications 
Bureau, Room 5322, 2025 M Street, N.W., Washington, D.C. 20554, 
attention: Josh Roland; and (2) Office of Engineering and Technology, 
Suite 480, 2000 M Street, N.W., Washington, D.C. 20554, attention: Tom 
Mooring. In addition, parties filing oppositions to the petitions must 
hand deliver copies to the relevant petitioner, and replies must be 
hand delivered to the opponents. Copies of the petitions, comments and 
reply comments may be obtained from the Commission's duplicating 
contractor, International Transcription Service, Inc. (ITS), 2100 M 
Street, N.W., Suite 140, Washington, D.C., 20037, (202) 857-3800. 
Copies are also available for public inspection during regular business 
hours in Room 5608, 2025 M Street, N.W., Washington, D.C. 20554. When 
requesting copies, please refer to DA 97-548.
    The Commission will treat this proceeding as non-restricted for 
purposes of the Commission's ex parte rules. See generally 47 CFR 
1.1200-1.1216. For further information contact Josh Roland or Matthew 
Moses, Auctions Division, Wireless Telecommunications Bureau, at (202) 
418-0660, or Tom Mooring, Office of Engineering and Technology, at 
(202) 418-2450.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-7015 Filed 3-18-97; 8:45 am]
BILLING CODE 6712-01-P