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 14-1003 July 16, 2014 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON AT&T REQUEST FOR WAIVER TO PERMIT POWER SPECTRAL DENSITY MODEL FOR 800 MHz CELLULAR OPERATIONS IN VERMONT MARKET WT Docket No. 14-107 Comments Due: August 5, 2014 Reply Comments Due: August 15, 2014 On July 1, 2014, AT&T Services, Inc., on behalf of AT&T, Inc. and its subsidiaries (“AT&T”), filed a request for a limited waiver of section 22.913 of the Commission’s rules 1 to permit the use of Power Spectral Density (“PSD”) measurements in complying with the Commission’s radiated power limits for its Cellular Radiotelephone (“Cellular”) Service operations in Cellular Market Area (“CMA”) 248, Burlington, Vermont, 2 pending the outcome of its petition for rulemaking to modify the rule. 3 AT&T specifically proposes a PSD limit of 250 watts/MHz in non-rural areas and 500 watts/MHz in rural areas, and includes a study that purports to show that implementing PSD-based power limits in the Cellular Service would not cause harmful interference to public safety deployments. 4 1 47 C.F.R. § 22.913. 2 AT&T Services, Inc., Request for Rule Waiver (filed July 1, 2014) (“Vermont Waiver Request”). A technical study, dated May 14, 2014, is attached to the Vermont Waiver Request. AT&T is authorized to operate in CMA248 under call sign KNKA797. 3 See AT&T Services, Inc., Petition for Expedited Rulemaking and Request for Waiver of Section 22.913 of the Commission’s Rules (filed February 29, 2012) (“Petition”) (requesting modification of the rule to permit use of a PSD model as an alternative to the current rule’s measurement model). A technical study dated February 14, 2012 was attached to AT&T’s Petition at Appendix A. On May 2, 2012, the Wireless Telecommunications Bureau (“Bureau”) sought comment on the Petition, which remains pending. See Wireless Telecommunications Bureau Seeks Comment on Petition for Rulemaking Filed by AT&T Consistent with Rules for Other Mobile Broadband Services, Public Notice, RM-11660, 27 FCC Rcd 4926 (WTB 2012). The Bureau did not seek comment on AT&T’s request for a blanket interim waiver of 47 C.F.R. § 22.913 and AT&T withdrew the request on July 22, 2013. See AT&T Services, Inc., Request for Rule Waiver (filed July 22, 2013) at 1, n2. 4 See Vermont Waiver Request at 7. 2By this Public Notice, we seek comment on the Vermont Waiver Request, particularly with respect to any potential adverse impact on public safety operations in the adjacent bands and neighboring Cellular licensees to CMA248. 5 Procedural Matters Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 C.F.R. §§ 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). ? Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. ? Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. ? All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12 th St., SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. ? Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. ? U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12 th Street, SW, Washington DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). This proceeding has been designated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. 6 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all 5 AT&T states that “it is their understanding that there is no Public Safety Agency operating in the license area” and that “there are no U.S. neighbors…in this Vermont market.” See Vermont Waiver Request at 6; 7. 6 See 47 C.F.R. §§ 1.1200(a), 1.1206. 3persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. For further information, contact Ms. Becky Schwartz of the Mobility Division, Wireless Telecommunications Bureau, at (202) 418-7178 or via e-mail at becky.schwartz@fcc.gov. Action by the Chief, Mobility Division, Wireless Telecommunications Bureau. - FCC -