Subject: [NEXTEL-1] ACCESS SPECTRUM, LLC REQUEST FOR WAIVER OF SECTION 27.60 Re: Protection criteria

From: [email-masked]
Date: Thu, 15 Apr 2004 18:21:07 -0400

DA 04-1021
Released:  April 15, 2004

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON ACCESS SPECTRUM, LLC
REQUEST FOR WAIVER OF SECTION 27.60
Comment Date:  May 17, 2004 Reply Comment Date:  May 27, 2004

On March 24, 2004, Access Spectrum, LLC (Access Spectrum) filed an
application, File #0001669196, and accompanying request for waiver of
Section 27.60 of the Commission’s Rules, 47 C.F.R. § 27.60.  Section
27.60 sets forth the protection criteria for base, fixed, control and
mobile transmitters operating in the 698-764 MHz and 776-794 MHz
frequency bands, in order to reduce the potential for interference to
public reception of the signals of existing TV and DTV broadcast
stations transmitting on TV Channels 51 through 68.   The rule further
specifies the required protection criteria and methodology for
determining the minimum separation distance between a co-channel or
adjacent channel land mobile station and a TV and DTV broadcast station.

In its application, Access Spectrum is seeking to deploy a trunked land
mobile base station that is actually located within the Grade B contour
of analog Television Broadcast Station KZJL, authorized to KZJL License
Corp., operating on adjacent Channel 61 in Houston, Texas.  In support
of its waiver request, Access Spectrum submits an engineering study and
claims that the possibility of any interference to the off-air reception
of KZJL is virtually non-existent.  The transmitting frequencies for
Access Spectrum’s proposed base station are approximately 5.5 MHz
removed from the lower channel edge of KZJL.  According to Access
Spectrum, this separation will result in sufficient protection to the
reception of KZJL.

Interested parties may file comments on Access Spectrum’s waiver request
on or before May 17, 2004.  Parties interested in submitting reply
comments must do so on or before May 27, 2004.  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.   A copy of each filing also should be sent to 1) Qualex
International, Inc., Portals II, 445 Twelfth Street, S.W., Room CY-B402,
Washington, D.C. 20554; 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; 3) Michael Ferrante, Federal Communications
Commission, Wireless Telecommunications Bureau, Mobility Division, 445
Twelfth Street, S.W., Washington, D.C. 20554; and 4) Jay O’Connor,
Federal Communications Commission, Wireless Telecommunications Bureau,
Mobility Division, 445 Twelfth Street, S.W., 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, Qualex International,
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
[email-masked].  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 Jay O’Connor of the
Mobility Division of the Wireless Telecommunications Bureau at (202)
418-0620, TTY (202) 418-7233 or via email to [email-masked] or
[email-masked].
By the Associate Chief, Mobility Division, Wireless Telecommunications
Bureau.
-FCC-

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1021A1.doc
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