PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-2129 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: October 22 , 1998 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON REQUESTS FOR DECLARATORY RULING ON THE USE OF VARIOUS DIGITAL MODULATION SCHEMES BY MULTIPOINT DISTRIBUTION SERVICE AND INSTRUCTIONAL TELEVISION FIXED SERVICE STATIONS The Commission has received two requests for declaratory ruling, each seeking authority to use new digital modulation techniques in the Multipoint Distribution Service ("MDS") and Instructional Television Fixed Service ("ITFS") spectrum. Petitioners request that the Commission expand its policies governing the use of Quadrature Amplitude Modulation ("QAM") and Vestigial Sideband ("VSB") digital modulation by MDS and ITFS licensees, to permit the routine use of other digital modulation techniques. Specifically, the first such request, filed August 19, 1998 by PACE Telecommunications, requests authority to use other modulations such as Offset Quadrature Phase Shift Keying ("OQPSK"), and Minimum Shift Keying ("MSK"). The second request, filed August 31, 1998 by Clarity Wireless, Inc., requests authority to use Orthogonal Frequency Division Multiplexing ("OFDM") modulation with respect to MDS and ITFS. According to Petitioners, testing conducted in support of each request demonstrates that systems using the new digital modulation formats would create no greater interference potential than exists using QAM or VSB, and may improve performance and efficiency. The Commission established policies to enable MDS and ITFS licensees to employ digital compression technology in the Request for Declaratory Ruling on the Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839 (1996). There, the Commission amended its channel utilization policy to permit the routine authorization of digital transmissions using QAM and VSB, and indicated that the Commission would consider authorizing the use of other digital modulation schemes based upon demonstrations of noninterference. In the Notice of Proposed Rulemaking in the Matter of Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket 97-217, 12 FCC Rcd 22174, 22188 (1997), the Commission suggested that it could permit the use of a particular digital modulation type other than VSB or QAM without requiring test data, where there is a basis for concluding that the modulation type would not be prone to interference, such as where the modulation type is a subset of QAM or VSB. In the Report and Order in that proceeding, FCC 98-231 (rel. September 25, 1998), the Commission, in adopting technical rule changes to provide MDS and ITFS licensees flexibility to fully employ digital technology in delivering two-way communication services, expanded the list of permissible modulation techniques to include Code Division Multiple Access ("CDMA") and Quadrature Phase Shift Keying ("QPSK") modulation. Interested parties should file comments on this request by November 12, 1998, and reply comments by November 23, 1998, with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554. A copy should also be sent to Michael J. Jacobs, Mass Media Bureau, FCC, Room 600, 2033 M Street, N.W., Washington, D.C. 20554, and to the Commission's contractor for public service records duplication: ITS, Inc., 1231 20th Street, N.W., Washington, D.C. 20036. Copies of the above-referenced filings are available for public inspection in Room 207, 2033 M Street, N.W., Washington, D.C. and may also be obtained from the Commission's copy contractor, ITS, Inc. at (202) 857-3800. For further information, please contact Michael J. Jacobs at (202) 418-7066.