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WTB And OET Seek Comment On Progeny's M-LMS Field Testing Report

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Released: February 14, 2012


Federal Communications Commission

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DA 12-209

Released: February 14, 2012




WT Docket No. 11-49

Comment Date: March 15, 2012
Reply Comment Date: March 30, 2012

On January 27, 2012, Progeny LMS, LLC (Progeny) filed a report in WT Docket No. 11-49
seeking to demonstrate, pursuant to 47 C.F.R. § 90.353(d) of the Commission’s rules,1 that its
Multilateration Location and Monitoring Service (M-LMS) network does not cause unacceptable levels of
interference to Part 15 devices in the 902-928 MHz band.2 The Wireless Telecommunications Bureau
and the Office of Engineering and Technology seek comment on Progeny’s filing.
On December 20, 2011, the Wireless Telecommunications Bureau and the Office of Engineering
and Technology released an Order (“Waiver Order”) in WT Docket No. 11-49, which granted Progeny’s
request for limited waiver of two rules but did not revise other interference-related requirements
applicable to M-LMS licensees.3 We noted in particular that Section 90.353(d) of the rules requires that
Progeny demonstrate through actual field tests that its M-LMS system will not cause unacceptable levels
of interference to Part 15 devices in the 902-928 MHz band.4 As an additional condition of the Waiver
Order, we required Progeny, once it had completed design of its M-LMS system but prior to commencing
commercial operations, to file a report in WT Docket No. 11-49 that provides details of the M-LMS

1 See 47 C.F.R. § 90.353(d). Section 90.353(d) of the rules requires that certain M-LMS licenses are “conditioned
upon the licensee’s ability to demonstrate through actual field tests that their systems do not cause unacceptable
levels of interference to 47 CFR part 15 devices.” Id.
2 Letter from Bruce A. Olcott, Counsel to Progeny LMS, LLC to Marlene H. Dortch, Secretary, Federal
Communications Commission, Part 15 Test Report and M-LMS Network Description, WT Docket No. 11-49 (filed
January 27, 2012) (hereinafter Progeny’s “filing” or “report”). The reference line on page 1 of the filing states:
“Progeny LMS, LLC Demonstration of Compliance with Section 90.353(d) of the Commission’s Rules WT Docket
No. 11-49.”
3 Request by Progeny LMS, LLC for Waiver of Certain Multilateration Location and Monitoring Service Rules, WT
Docket No. 11-49, Order, DA 11-2036, ¶ 25 (rel. Dec. 20, 2011) (“Waiver Order”). In particular, as discussed more
fully in the Waiver Order, we waived two subparts of the applicable rules, Sections 90.155(e) and 90.353(g). Id. at ¶
4 Waiver Order at ¶ 29.

system design, describes the process by which it carried out the field testing, including the particular types
of Part 15 devices tested, and demonstrates that its M-LMS system will not cause unacceptable levels of
interference to Part 15 devices that operate in the 902-928 MHz band.5 We are hereby placing Progeny’s
filing on public notice for comment, as indicated in the Waiver Order.6
Progeny’s filing includes details of its system design and a report on field tests. The filing sets
forth a “number of factors” that Progeny claims have contributed to an absence of unacceptable
interference to Part 15 devices from its M-LMS network.7 Progeny states that “Progeny’s M-LMS
network provides an optimal co-existence opportunity for the 902-928 MHz band.”8 Progeny asks the
Commission “to help make its position location service expeditiously available to the public by promptly
concluding that Progeny may commence commercial operations.”9
Interested parties may file comments on or before March 15, 2012, and reply comments on or
before March 30, 2012. All filings should refer to WT Docket No. 11-49. A copy of Progeny’s filing is
available on the Commission’s Electronic Comment Filing System (ECFS) in WT Docket No. 11-49.
This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the
Commission’s ex parte rules.10 Persons making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral
ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which the ex parte presentation was made,
and (2) summarize all data presented and arguments made during the presentation. If the presentation
consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s
written comments, memoranda or other filings in the proceeding, the presenter may provide citations to
such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant
page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them
in the memorandum. Documents shown or given to Commission staff during ex parte meetings are
deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In
proceedings governed by rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in
this proceeding should familiarize themselves with the Commission’s ex parte rules.
Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

5 Id. at ¶¶ 29, 35.
6 Id. at ¶ 29. We noted that, if no significant interference concerns are raised, we will notify Progeny that it may
commence commercial operations. Id.
7 See Progeny’s filing at 2-4.
8 Id. at 4.
9 Id. at 4 (footnote omitted).
10 47 C.F.R. §§ 1.1200 et seq.

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
Comments, reply comments, and ex parte submissions will be available for public inspection
during regular business hours in the FCC Reference Center, Federal Communications Commission, 445
12th Street, S.W., CY-A257, Washington, D.C., 20554. These documents will also be available via ECFS.
For further information, contact Hugh VanTuyl, Policy and Rules Division, Office of Engineering
and Technology, (202) 418-7506, or Bill Stafford, Spectrum & Competition Policy Division, Wireless
Telecommunications Bureau, (202) 418-0563.
Action by the Chief, Wireless Telecommunications Bureau, and the Chief, Office of Engineering
and Technology.

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