[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Notices]
[Pages 17366-17367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8937]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 99-494]


Broadwave Albany, L.L.C., et al. Requests for Waiver of Fixed 
Microwave Service Rules

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: On March 11, 1999, the Public Safety and Private Wireless 
Division released a public notice seeking comment on requests made by 
Broadwave Albany, L.L.C., et al., (Broadwave), for waiver of various 
part 101 rules. Broadwave submitted the waiver requests in order to 
provide multichannel video programming, including the retransmission of 
local television broadcast signals, to approximately 212 markets 
throughout the United States. Broadwave also proposes to provide 
internet services to consumers in these various markets.

DATES: Comments are due no later than April 12, 1999 and reply comments 
are due no later than April 22, 1999.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 Twelfth Street, SW, TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Michael Pollak or Shellie Blakeney of 
the Policy and Rules Branch, Public Safety and Private Wireless 
Division, Wireless Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION:
    1. On January 8, 1999, Broadwave filed requests for waiver of 
sections 101.105, 101.107, 101.109, 101.111, 101.115, 101.139 and 
101.603 of the Commission's rules, 47 CFR 101.105, 101.107, 101.109, 
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. Broadwave seeks authority to provide multichannel video 
programming, including the retransmission of local television broadcast 
signals, to approximately 212 markets throughout the United States. 
Broadwave also proposes to provide internet services to consumers in 
these various markets.
    2. In its waiver requests, Broadwave argues that compliance with 
the technical limitations contained in sections 101.105, 101.107, 
101.109, 101.111 and 101.115 of the Commission's rules would inhibit 
its proposed operations by impeding the introduction of a service that 
would directly compete with cable television. Broadwave further argues 
that the additional requested waivers (such as exceptions to sections 
101.39 and 101.603) are necessary in order to ensure the expeditious 
deployment of its proposed services.
    3. We note that the 12.2-12.7 GHz band is the subject of an ongoing 
rulemaking proceeding 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). 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). Broadwave filed applications for use of the 12.2-12.7 GHz 
frequency band, proposing to use technology developed by Northpoint 
Technology to enable sharing of this spectrum with existing direct 
broadcast satellite, geostationary satellite and other fixed microwave 
systems. Broadwave asserts that its proposed service will be on a 
secondary,

[[Page 17367]]

non-interfering basis to direct broadcast satellite services and on a 
co-primary basis with any new fixed satellite services, such as that 
proposed by Skybridge.
    4. 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 CFR 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. See sections 1.1200(a) 
and 1.1206 of the Commission's rules, 47 CFR 1.1200(a), 1.1206. 
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 CFR 1.1206(b).
    5. The full text of the Requests for Waivers, comments, and reply 
comments 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, DC 20554. Copies also may be obtained from ITS, 
1231 20th Street, N.W., Washington, DC 20036, (202) 857-3800.

Federal Communications Commission.
D'wana R. Terry,
Chief, Public Safety & Private Wireless Division, Wireless 
Telecommunications Bureau.
[FR Doc. 99-8937 Filed 4-8-99; 8:45 am]
BILLING CODE 6712-01-P