*Pages 1--2 from Microsoft Word - 49371.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 05- 1662 Released: June 15, 2005 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON WCS Wireless, LLC REQUEST FOR WAIVER OF SECTION 27.50( a) Comment Date: July 5, 2005 Reply Comment Date: July 15, 2005 I. Introduction: On April 1 and May 19, 2005, respectively, WCS Wireless, LLC (“ WCSW”) filed sixteen applications, 1 accompanied by a request for waiver of Section 27.50( a) of the Commission’s Rules, 47 C. F. R. § 27.50( a). Section 27.50( a) restricts the power at which licensees in the 2.3 GHz Wireless Communications Service (“ WCS”) can operate to 2000 watts peak EIRP. In requesting a waiver, WCSW states that the 2000 watt power limitation should be based upon average power rather than peak power. It states that the peak power limitation, while quite possibly appropriate when adopted in 1997, is now unduly restrictive. Use of peak power limitation, according to WCSW, has the effect of limiting the coverage and capacity of WCS systems using sophisticated wide- band technologies such as Orthogonal Frequency Division Multiplexing (OFDM). Moreover, WCSW states that there is no corresponding benefit associated with the use of peak power, as the potential for interference against which it was designed to protect no longer exists given the fact that adjacent band operations now utilize terrestrial links. II. Applications: File Number 2 Applicant Name Call Sign 0002109551 WCS Wireless License Subsidiary, LLC KNLB301 0002109553 WCS Wireless License Subsidiary, LLC KNLB300 0002109561 WCS Wireless License Subsidiary, LLC KNLB299 0002109564 WCS Wireless License Subsidiary, LLC KNLB298 0002109567 WCS Wireless License Subsidiary, LLC KNLB297 0002109573 WCS Wireless License Subsidiary, LLC KNLB296 0002109577 WCS Wireless License Subsidiary, LLC KNLB295 0002109580 WCS Wireless License Subsidiary, LLC KNLB207 1 WCSW” s applications are listed in Section II of this Public Notice. 2 The initial eight applications (i. e. those file nos. starting with 002109…) were filed on April 1, 2005 and were amended on May 16, 2005. The second set of eight applications (i. e. those file nos. starting with 002166…) were filed on May 19, 2005. 1 2 0002166553 WCS Wireless License Subsidiary, LLC KNLB208 0002166556 WCS Wireless License Subsidiary, LLC KNLB302 0002166559 WCS Wireless License Subsidiary, LLC KNLB303 0002166576 WCS Wireless License Subsidiary, LLC KNLB304 0002166614 WCS Wireless License Subsidiary, LLC KNLB305 0002166630 WCS Wireless License Subsidiary, LLC KNLB306 0002166676 WCS Wireless License Subsidiary, LLC KNLB307 0002166700 WCS Wireless License Subsidiary, LLC KNLB308 III. General Information: Interested parties may file comments on WSCW’s Section 27.50( a) waiver request on or before July 5, 2005. Parties interested in submitting reply comments must do so on or before July 15, 2005. All comments should reference the subject request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, S. W., TW- 325, Washington, D. C. 20554. 3 A copy of each filing also should be sent to 1) Best Copy and Printing, Inc., 445 Twelfth Street, S. W., Room CY- B402, Washington, D. C. 20554; and 2) Maria Ringold, Federal Communications Commission, Consumer and Governmental Affairs Bureau, Reference Information Center (RIC), 445 Twelfth Street, S. W., Room CY- B529, Washington, D. C. 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 (RIC) of the Consumer Information Bureau (CIB), Federal Communications Commission, 445 Twelfth Street, S. W., Room CY-A257, Washington, D. C. 20554. Copies may also be obtained from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 Twelfth Street, S. W., Room CY- B402, Washington, D. C. 20554, (202) 863- 2893, facsimile (202) 863- 2898, or via e- mail www. bcpiweb. com. For further information regarding the public reference file for this request, contact Maria Ringold, Chief, Wireless Branch, RIC, (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 Moslem Sawez of the Mobility Division of the Wireless Telecommunications Bureau at (202) 418- 0620, TTY (202) 418- 7233 or via email to Michael. Ferrante@ fcc. gov or Moslem. Sawez@ fcc. gov. By the Associate Chief, Mobility Division, Wireless Telecommunications Bureau. 3 The address for FCC filings should be used only for documents filed by 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). 2