Pleading Cycle Established for Comments on Request for Declaratory Ruling on the Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations

FEDERAL COMMUNICATIONS COMMISSION

[DA 95-1854]

Pleading Cycle Established for Comments on Request for

Declaratory Ruling on the Use of Digital Modulation by Multipoint

Distribution Service and Instructional Television Fixed Service

Stations

AGENCY: Federal Communications Commission.

ACTION: Public notice.

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SUMMARY: This Public Notice established a pleading cycle for comments

on a Request for Declaratory Ruling filed by a group of parties

regarding the use of digital modulation by Multipoint Distribution

Service and Instructional Television Fixed Service Stations. The

Commission intends to promptly facilitate the use of digital equipment

for these services.

DATES: Comments must be received on or before September 22, 1995, and

reply comments must be received on or before October 10, 1995.

ADDRESSES: Comments and reply comments may be mailed to Office of the

Secretary, Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Charles E. Dziedzic or Brandon J. Bullis at (202) 418-1600, Video

Services Division, Mass Media Bureau.

The complete text of the Public Notice follows. The Public Notice

and a copy of the Request for Declaratory Ruling are available for

public inspection in room 207, 2033 M Street, NW., Washington, DC and

may also be obtained from the Commission's copy contractor, ITS, Inc.

at (202) 418-0620.

Report No. MM 95-83

Released: August 23, 1995

On July 13, 1995, a request for declaratory ruling on the use of

digital modulation by Multipoint Distribution Service (MDS) and

Instructional Television Fixed Service (ITFS) stations was filed by a

group of ninety-nine parties consisting of MDS and ITFS licensees,

wireless cable operators, equipment manufacturers, industry engineers

and associations (Petitioners).

Petitioners request that the Commission examine the current MDS and

ITFS operational requirements that were adopted before digital

compression technology was envisioned and reinterpret them

appropriately for digital operations. According to Petitioners, testing

conducted in support of this petition demonstrates that the

Commission's current MDS and ITFS interference protection rules will

safely ensure protection of analog and digital systems during an

initial digital transition, with only minimal rule clarifications and

waivers necessary. Specifically, Petitioners propose that the

Commission apply its current co-channel and adjacent channel desired-

to-undesired interference ratios, and for those utilizing digital

transmissions, relax the limitations on out-of-band emissions and

permit licensees to operate at less than authorized power for an

interim period. See 47 CFR 21.902, 74.903, 21.908, 74.936(b), 21.107(c)

and 74.951(f). Petitioners ask the Commission to clarify whether, under

the minimum ITFS programming requirements, additional ITFS programming

must be reserved by licensees who expand capacity of their spectrum by

utilizing digital compression technology. See 47 CFR 74.931. In

addition, Petitioners ask the Commission to reinterpret several other

requirements that were adopted before digital compression technology

was envisioned. For example, Petitioners ask that the Commission

determine whether ITFS station identification through the periodic

transmission of ITFS call signs must be made over one or all of the

channels created through use of digital compression. See 47 CFR 74.982.

Petitioners contend that the rapid introduction of digital

technology by wireless cable system operators is in the public interest

because it will increase the competitive viability of the wireless

cable industry and it will also permit educators to increase their

transmission capacity. Thus, Petitioners ask the Commission to act

promptly on the request in order to have a regulatory framework in

place that will permit MDS and ITFS operators to quickly implement

digital transmission as soon as equipment is commercially available.

Finally, Petitioners suggest that although future testing and

information may indicate that further rule changes

[[Page 46836]]

are appropriate, use of the current rules, with minor rule

clarifications and waivers, offered a conservative transitional

approach.

Interested parties should file comments on this request by

September 22, 1995, and reply comments by October 10, 1995, with the

Secretary, FCC, 1919 M Street, NW., Washington, DC 20554. A copy should

also be sent to Brandon J. Bullis, Mass Media Bureau, FCC, room 702,

1919 M Street, NW., Washington, DC 20554, and to the Commission's

contractor for public service records duplication: ITS, Inc., 2100 M

Street, NW., suite 140, Washington, DC 20037. Copies of the above-

referenced filings are available for public inspection in room 207,

2033 M Street, NW., Washington, DC and may also be obtained from the

Commission's copy contractor, ITS, Inc. at (202) 418-0620. For further

information, please contact Charles E. Dziedzic or Brandon J. Bullis at

(202) 418-1600.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95-22033 Filed 9-7-95; 8:45 am]

BILLING CODE 6712-01-M