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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  445  12th  STREET  S.  W.  WASHINGTON,  D.  C.  20554  News  media  information  202/  418-  0500  Fax-  On-  Demand  202/  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA  01-  1547 
 Released:  June  29,  2001 


 OFFICE  OF  ENGINEERING  AND  TECHNOLOGY  DECLARES  MDS  AMERICA,  INC. 
 APPLICATION  FOR  EXPERIMENTAL  RADIO  STATION  LICENSE  FOR  STATION 
 WC2XPU  TO  BE  A  "PERMIT-  BUT-  DISCLOSE"  PROCEEDING  FOR  EX  PARTE 
 PURPOSES 


 On  April  20,  2001,  MDS  America,  Inc.  filed  an  application  for  Experimental  Radio  Station 
 License  (File  No.  0095-  EX-  PL-  2001)  for  Station  WC2XPU.  By  its  experimentation,  MDS 
 America  seeks  to  test  the  “HyperCable”  broadband  wireless  technology  developed  by  MDS 
 International  and  to  demonstrate  that  this  technology  can  share  the  12.2-  12.7  GHz  band  without 
 causing  harmful  interference  to  the  Direct  Broadcast  Satellite  ("  DBS")  systems  licensed  in  the 
 band. 


 On  May  2,  2001,  the  staff  granted  the  application  with  conditions  designed  to  prevent  the 
 occurrence  of  harmful  interference.  On  May  21,  2001,  the  staff  reissued  the  license  with 
 additional  conditions  further  designed  to  prevent  interference.  On  June  15,  2001,  DirecTV,  Inc. 
 and  EchoStar  Satellite  Corporation,  DBS  licensees,  filed  an  “Emergency  Petition  for  a  Cease  and 
 Desist  Order  and  for  a  Freeze  Order,”  requesting  the  Commission  to  order  Station  WC2XPU  to 
 cease  and  desist  from  conducting  experiments. 


 The  issue  of  whether  specific  terrestrial  wireless  technology  can  share  the  12.2-  12.7  GHz  band 
 without  causing  harmful  interference  to  DBS  services  in  the  band  is  pending  in  ET  Docket  No. 
 98-  206.  As  a  rulemaking  proceeding,  this  docket  has  “permit-  but-  disclose”  status  under  the 
 Commission’s  ex  parte  rules.  The  same  issue  is  also  pending  in  the  Broadwave  Albany,  L.  L.  C.  et 
 al.  licensing  proceeding,  which  has  also  been  designated  with  “permit-  but-  disclose”  status.  See 
 Corrected  Public  Notice,  DA  99-  494,  released  March  11,  1999.  Finally,  the  issue  is  also  present 
 in  the  Experimental  Radio  Station  WA2XMY  licensing  proceeding,  which  also  has  been 
 designated  with  “permit-  but-  disclose”  status.  See  Public  Notice,  DA  99-  1838,  released 
 September  9,  1999.  As  in  the  case  of  WA2XMY,  OET  now  concludes  that  in  order  to  permit  a 
 fuller  exchange  on  the  issues  under  consideration  by  the  Commission,  the  public  interest  would  be 
 served  by  classifying  the  instant  experimental  radio  licensing  proceeding  as  a  "permit-  but-  disclose" 
 proceeding  for  ex  parte  purposes  in  accordance  with  Section  1.1200(  a)  of  the  Commission's  rules 
 and  subject  to  the  requirements  under  Section  1.1206(  b)  of  the  rules. 
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 Persons  making  oral  ex  parte  presentations  are  reminded  that  memoranda  summarizing  the 
 presentation  must  contain  a  summary  of  the  substance  of  the  presentation  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)(  2).  Other  rules  pertaining 
 to  oral  and  written  presentations  are  set  forth  in  Section  1.1206(  b)(  2). 


 For  further  information,  contact  Charles  Iseman,  Deputy  Chief,  Electromagnetic  Compatibility 
 Division,  OET,  at  (202)  418-  2444. 


 By  the  Acting  Chief,  Office  of  Engineering  and  Technology 
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