PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET N.W.
          WASHINGTON, DC  20554                                    
________________________________________________________
News media Information  202/418-0500    Recorded listing of releases and texts 202/418-2222.   



Report No. SPB-87                         Released: July 15, 1997

                     CLARIFICATION OF EX PARTE STATUS OF 28 GHz KA-BAND                        
                             APPLICATION PROCEEDINGS


     This Public Notice is intended to clarify the ex parte status of applications filed in several
inter-related Commission proceedings involving the 28 GHz frequency band.   As the
Commission stated in a Public Notice released on April 20, 1994, Public Notice, 9 FCC Rcd
2081 (1994)("Public Notice"), over 450 entities had filed applications requesting authority to
operate radio facilities in the 28 GHz band.  These applications involved three different services:
(1) the local multipoint distribution service ("LMDS"); (2) the fixed-satellite service ("FSS");
and (3) fixed feeder links for the mobile-satellite service ("MSS").  In the Public Notice, the
Commission announced that these applications were mutually exclusive and that ex parte
presentations were prohibited with respect to these applications under 47 C.F.R.  1.1208(a).  

     Since that time, the Commission has issued a Report and Order adopting a band
segmentation plan that designates discrete frequencies for LMDS operations, MSS feeder link
operations, and FSS operations.  The plan further subdivides the designated FSS spectrum into
specific frequencies for geostationary-satellite ("GSO") FSS satellites and for non-geostationary
satellite orbit ("NGSO") FSS satellites.  Rulemaking to Amend Parts 1, 2, 21, and 25 of the
Commission's Rules, 11 FCC Rcd 19005 (1996).  No petitions for  reconsideration were filed
with respect to the band segmentation plan.  For this reason,  if the frequency band designated for
a service (LMDS, MSS Feeder Link, GSO-FSS, or NGSO-FSS) for which authorization is
sought differs from the band designated for a service of another application, we will no longer
treat those applications as mutually exclusive.

     Applications within the same band or service may, however, still be mutually exclusive.  
Mutual exclusivity could arise as a consequence of requests for overlapping frequencies made in
the same service band or for other reasons.   We wish to clarify, for example, that certain satellite
applications that are pending in the 28 GHz band will be treated as mutually exclusive. 
Specifically, in 1992, the Commission granted Norris Satellite Communications, Inc. a license to
construct and operate a GSO-FSS system in the 28 GHz band.  See Norris Satellite
Communications, Inc., 7 FCC Rcd 4289 (1992).  In 1996, the International Bureau revoked
Norris's license for failure to implement the system in compliance with the milestone schedule
required by its license.  See Norris Satellite Communications, 11 FCC Rcd 5402 (Int'l Bur.
1996).  Norris subsequently filed an Application for Review of the Bureau's Order and its appeal
is pending before the Commission.   The International Bureau, under delegated authority, has
also granted 15 licenses for first-round GSO-FSS applicants in the 28 GHz frequency band,
reassigning the orbit location that had been assigned to Norris to a new licensee. Assignment of
Orbital Locations to Space Stations in the Ka-Band, DA 97-967 (rel., May 9, 1997).  On May
23, 1997, Norris filed a request for stay of the Assignment Order.  

       If the Norris application were to be reinstated on appeal, there may be an insufficient
number of orbit locations to accommodate all of the other first-round GSO-FSS licensees. 
Therefore, the Norris and GSO-FSS applications will be treated as mutually exclusive for ex
parte purposes.  Accordingly, ex parte presentations concerning the merits or the outcome of any
of these inter-related applications will be prohibited until the application proceedings are no
longer subject to administrative reconsideration or review or judicial review.  47 C.F.R. 
1.1202 (d)(1), 1.208.  An ex parte presentation is any communication (spoken or written)
directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner's
assistant, or decision-making staff member, that, if written, is not served on other parties to the
proceeding or, if oral, is made without advance notice and an opportunity for all parties to be
present.

For further information contact, Chris Murphy, International Bureau (202) 418-2373.