PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 99-2398 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: November 1, 1999 WIRELESS TELECOMMUNICATIONS BUREAU REQUESTS COMMENT ON OMNIPOINT COMMUNICATIONS, INC. REQUEST FOR DECLARATORY RULING OR WAIVER CONCERNING PCS EMISSION LIMITS RULE  24.238 Comment Deadline: December 1, 1999 Reply Comment Deadline: December 16, 1999 On August 26, 1999, Omnipoint Communications, Inc. (Omnipoint), by its attorneys, filed a request for a declaratory ruling or waiver concerning Section 24.238 of the Commission's rules, 47 C.F.R.  24.238. This rule establishes limits on the power of any radio frequency emissions transmitted by broadband Personal Communications Service (PCS) equipment on frequencies outside of the licensee's assigned spectrum block. Omnipoint through its subsidiaries and affiliates holds PCS licenses and operates PCS systems that use Global System for Mobile Communications (GSM) technology. The common industry practice for operating systems employing GSM technology in compliance with  24.238 is to simply refrain from using two channels adjacent to each spectrum block edge (hereinafter "band-edge channels"). Omnipoint requests a ruling or waiver that would enable it to use the band-edge channels where they (or another licensee consenting to such use) also hold the PCS license for the adjacent spectrum block in the same geographical area. Omnipoint suggests that granting the requested relief would be consistent with a policy of not imposing technical regulations for which the only purpose or effect is to reduce the likelihood that a licensee's operations would cause radio frequency interference to its own facilities (or the facilities of another licensee who consents to the interference risk). Omnipoint further states that the requested ruling would serve the public interest because it would enable it to make more efficient use of its assigned spectrum. The Wireless Telecommunications Bureau invites comment from other PCS licensees, including those using other technologies, PCS equipment manufacturers, and other interested parties, on Omnipoint's request, and on the following related issues: 1) Should an alternative out-of-band emission limit (or no out-of-band emission limit) apply where the PCS licenses for adjacent spectrum blocks are held by the same licensee (or consenting licensees)? What protection should be afforded to non-participating PCS systems in adjacent spectrum blocks at the geographical boundaries of the systems? 2) If PCS systems employing GSM technology were to use the band edge channels, would this significantly increase potential for interference to broadband PCS systems using other technologies? 3) Is it possible to devise out-of-band emission limits that would permit broadband PCS systems (including those using GSM technology) to more fully utilize their entire assigned spectrum block, yet still provide adequate interference protection to adjacent spectrum users? 4) Should broadband PCS out-of-band emission limits apply to spectrum block edges created by spectrum disaggregation? Interested parties may file comments on Omnipoint's request no later than December 1, 1999. Reply comments must be filed on or before December 16, 1999. All comments should reference the Omnipoint request and this Public Notice. An original and four copies of all pleadings must be filed with the Office of the Secretary, Federal Communications Commission, 445 12th Street S.W., Suite TW-A325, Washington, D.C. 20554. One copy of each filing should be sent to Jay Jackson, Commercial Wireless Division, Wireless Telecommunications Bureau, 445 12th Street S.W., Suite 4-C234, Washington, DC 20554. Copies should also be sent to: Office of Public Affairs, Public Reference Center, 445 12th Street S.W., Suite CY-A257, Washington, DC 20554 and International Transcription Service, Inc. (ITS), 1231 20th Street N.W., Washington, DC 20036. Copies of Omnipoint's Waiver Request, comments and reply comments will be available for inspection and duplication during regular business hours in the Office of Public Affairs, Public Reference Center, 445 12th Street S.W, Suite CY-A257, Washington, D.C. 20554. Copies may also be obtained from ITS, 1231 20th Street N.W., Washington, D.C. 20036, (202) 857-3800. If you have questions about this Public Notice, please direct them to Jay Jackson of the Commercial Wireless Division, Wireless Telecommunications Bureau, by electronic mail to jackson@fcc.gov or by telephone to (202) 418-0620.