Subject: [NEXTEL-1] M/A-COM On 5th Report and Order, WT Docket No. 96-86

From: [email-masked]
Date: Tue, 20 May 2003 02:18:33 -0400

May 15, 2003

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Washington, DC 20554

Re:  Ex Parte Notice, Docket WT 96-86

Dear Ms. Dortch:

On May 14, 2003 the undersigned and Mr. Ralph Haller of Fox Ridge Communications met with
Bryan Tramont, Senior Legal Advisor to the Chairman; Peter A. Tenhula, Director, Spectrum
Policy Task
Force and Acting Deputy Chief, Wireless Telecommunications Bureau; Trey Hanbury, Special
Counsel,
International Bureau; Barry Ohlson, Commissioner Adelstein.s Legal Advisor for Spectrum
and
International Issues; Jennifer Manner, Senior Counsel for Commissioner Abernathy; and Sam
Feder, Legal
Advisor on Spectrum and International Issues for Commissioner Martin.

The topic of discussion during these meetings was the spectrum efficiency requirements in
the 700
MHz Public Safety Spectrum.  Specifically discussed was the pending Petition for
Reconsideration to the 5th
Report and Order in WT Docket No. 96-86.  Attached is a sheet outlining the substance of
the discussions
during the May 14th meetings with the above noted FCC personnel.

If there are any questions, please do not hesitate to contact me. I can be reached at
(434) 455-9465.

Sincerely,

Robert J. Speidel, Esq.

Manager, Regulatory Policy
Attachment

cc:   WT 96-86 (electronic filing & via USPS)
Bryan Tramont (via USPS)
Peter A. Tenhula (via USPS)
Trey Hanbury (via USPS)
Barry Ohlson (via USPS)
Jennifer Manner (via USPS)
Sam Feder (via USPS)
Ralph Haller (via USPS)

5th Report and Order, WT Docket No. 96-86
(6.25 kHz or equivalent voice efficiency mandate for 700 MHz Gen.l Use and State License
Spectrum)
FCC Action in 5th R&O

Accept applications filed on or before 12/31/06 to use 12.5 kHz or equivalent efficiency
equipment in
the 700 MHz Public Safety (PS) Gen.l Use and State License spectrum.

Require  applications  filed  after  12/31/06  for new  systems  in  the  700  MHz  PS
Gen.l  Use  and  State
License spectrum to use 6.25 kHz or equivalent efficiency equipment. (Reconsideration
Requested)

Permit  legacy  licensees  (licenses  filed  prior  to  12/31/06  for  12.5  kHz
operations)  to  purchase  dual
mode equipment (operates in 12.5 or 6.25 kHz efficiency mode) for system expansion or
maintenance
and operate to operate such equipment in the 12.5 kHz mode until 12/31/16.

Ban  the  marketing,  manufacture  and  importation  of  700  MHz  Gen.l  Use  and  State
License  PS
equipment  that  is  only  12.5 kHz  or  equivalent  efficiency  after  12/31/06.
(Reconsideration
Requested)

Cease  type  certifying 700 MHz PS equipment  that  is  exclusively  12.5 kHz or
equivalent efficiency
after 12/31/06.

Require  use  of  6.25 kHz equipment  or  equivalent  efficiency  for  all  700 MHz Gen.l
Use  and  State
License operations after 12/31/16.

Concerns about the Petition for Reconsideration

Legal Sufficiency . Does the Petition meet the legal standards for Reconsideration
outlined
in FCC case law?  See, e.g., 800 Data Base Access Tariffs and the 800 Service Management
System
Tariff  and  Provision  of  800  Services,  7  FCC  Rcd  1753  (1992)  and  See  also,
Satellite  Delivery  of
Network  Signals  to  Unserved  Households  for  Purposes  of  the  Satellite  Home
Viewer  Act:  Part  73
Definition and Measurement of Signals of Grade B Intensity, Order on Reconsideration, 14
FCC Rcd
17373  (1999);  Elimination  of  Telephone  Company-Cable  Cross  Ownership  Rules,
Sections  63.54-
63.56,  for  Rural  Areas,  91  FCC  2d  622  (1982);  Amendment  of  Section  73.636(a)
of  the
Commission.s Rules (Multiple Ownership of Television Stations), 82 FCC 2d 329 (1980).

Factual Considerations

Refarming  requires  timely  availability  of  the  necessary  technologies.    Why  not
mandate
application of the technologies in this .new. PS spectrum as soon as possible?
Mischaracterization  of  significant  .conventional  use.  in  700  MHz  PS  Gen.l  Use
and  State
License spectrum.  Per PS users, it will NOT happen!
What is wrong with motivation towards highly  efficient,  highly  interoperable,
wide-area  shared
systems?

Practical Realities

Commission has said it will review progress of equipment development and adjust as
necessary,
including mandated dates.
Commission has a definite right to adopt rules that will minimize the prospect of waivers
in 2016.
Command & Control spectrum management is appropriate for PS.

Summary

The  Commission  has  adopted  rules  in  the  5th  R&O,  including  those  upon  which
Reconsideration has been requested, that are clearly in the .public interest..   Nothing
in the
Petition  for  Reconsideration,  or in  the  letters  supporting  the  petition,
provides  a  justifiable,
legally sufficient, basis for the Commission to react positively to the Petition.s
requests.
RJS/5-14-03

http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6514086785

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