RECORD ONLY
$//Public notice for comments on use of digital modulation by MDS & ITFS, DA 95-1854//$

$/21.902 Frequency interference/$
$/74.903 Interference/$
$/74.931 Purpose and permissible service/$

MASS MEDIA ACTION                                                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

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 C.F.R. 
 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 C.F.R.  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 C.F.R.  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 are appropriate, use of the current rules, with minor rule clarifications and waivers,
offers 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, N.W.,
Washington, D.C. 20554.  A copy should also be sent to Brandon J. Bullis, Mass Media
Bureau, FCC, Room 702, 1919 M Street, N.W., Washington, D.C. 20554, and to the
Commission's contractor for public service records duplication: ITS, Inc., 2100 M Street,
N.W., Suite 140, Washington, D.C. 20037.  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) 418-0620. 
For further information, please contact Charles E. Dziedzic or Brandon J. Bullis at (202)
418-1600.