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     DA 00-2061
                                    Released: September 8, 2000
                                                               
  OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES UTSTARCOM AND
 DREW UNIVERSITY REQUEST FOR WAIVER OF PART 15 FOR OPERATION IN
THE 1910-1920 MHZ BAND TO BE A "PERMIT-BUT-DISCLOSE" PROCEEDING
                     FOR EX PARTE PURPOSES

     On July 7, 2000, UTStarcom and Drew University filed a Petition for Waiver of
     Sections 15.307; 15.311; 13.319(a),(c),(e); and 15.321 of the Commission's rules to
     permit temporary operation of UTStarcom's personal communications service ("PCS")
     devices in the 1910-1920 MHz band for the purpose of providing wireless telephone
     service to students and staff on the Drew University campus in Madison, New Jersey.

     Unlicensed PCS ("UPCS") operation is permitted in the 1910-1920 MHz band
     under Part 15 of the Commission's regulations.  Operation in the 1910-1920 MHz band is
     limited to use by asynchronous devices.  Asynchronous devices transmit at irregular
     intervals, as is typical of packet data applications.  The Wireless Information Networks
     Forum has filed a petition for rule making, RM-9498, requesting that isochronous UPCS
     devices be permitted to use the 1910-1920 MHz band in combination with the adjacent
     1920-1930 MHz band.  Isochronous UPCS devices typically have a fixed frame structure
     and transmit regular, periodic signals, such as time-division voice systems.
     
     The Commission's Office of Engineering and Technology ("OET") is reviewing
     UTStarcom and Drew University's request to determine whether a waiver of the rules
     should be granted.  OET seeks comments from interested parties concerning this waiver
     request.  OET has concluded that in order to permit a fuller exchange on the issues under
     consideration in this proceeding, it should be treated, for ex parte purposes, as a "permit-
     but-disclose" proceeding, in accordance with Section 1.1200(a) of the Commission's
     rules, and is subject to the requirements under Section 1.1206(b) of the Commission's
     rules. 

     Interested parties filing comments or oppositions to this petition are invited to do
     so no later than October 9, 2000.  Parties filing replies may do so by October 26, 2000. 
     All filings should be submitted to the Office of the Secretary and must include the above
     referenced DA number.  For further information on this waiver request, contact Rodney
     Conway, Office of Engineering and Technology, via phone at (202)418-2904, e-mail at
     rconway@fcc.gov or TTY (202) 418-2989. 
     
        - By the Office of Engineering and Technology -