WPC' 2BVXZ3|J (TT).7PC2XBXP\  P6QXP"5^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CCCCPCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYzYzYzYdddddPdCdCCCdNdoNNF2ZdCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddHP LaserJet 5Si 8010Additional)HPLAS5SI.WRSXj\  P6G;,,,j&Z`XP2 *4D Z43|J "5^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CCCCPCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYzYzYzYdddddPdCdCCCdNdoNNF2ZdCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddHP LaserJet 5Si 8010Additional)HPLAS5SI.WRSo\  PC,,,j&Z`XP2R  Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT) S* I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#o\  PC2XP##&J\  P6Qg!&P#"5^.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc.====I=\\QQQQQzzQpQpQpQpQ=3=3=3=3\\\\\\\\\\Q\\\\\f\\QQzQzQpQpQpQ\\\\\I\=\===\G\fGN@.S\=Q\\\\\39\7\7==QQ\==\\=Q=7N=eegIjg\\j.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc=\Q\\=f===QQ@\=G=.=\\\\%\=3\g=\Ie77=jS.=79\Qzpppp====gf\QQQQQQzQQQQQ3333\\\\\\\e\\\\\\\"5^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_.====I=\f\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\f\\\\pf\\\QQzQzQzQ\\\ffIfGfG=Gf\\fGN@.c\=\\\\\\7=\7\7==\\\==\\=\=7N=eeiIji\\j.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_=\\\\=f===\\@\=G=.=\\\\(\=7\i=\Ie77=jc.=7=\\zzzzGGGGipf\\\\\\QQQQQ3333\f\\\\\e\ffff\f22""5^%-77\V%%7>%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1C1C1C1O7O7O7O7O7,7%7%%%7+O7bO=+N&27%177777"RR7!TT7R!%%117n%%77ln%1n%!N%<<>,?>77?%-77\V%%7>%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<7777777"5^*8DSS88S^*8*.SSSSSSSSSS..^^^Jxooxf]xx8Axfxx]xo]fxxxxf8.8NS8JSJSJ8SS..S.SSSS8A.SSxSSJP!PZ*8888C8SSxJxJxJxJxJooJfJfJfJfJ8.8.8.8.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJfJfJfJxSxSxSxSxSCS8S888SAxSx]AN:*KS8JSSSSS.4}}S2S}288JJS88SS8J82N8\\^C`^SS`*8DSS88S^*8*.SSSSSSSSSS..^^^Jxooxf]xx8Axfxx]xo]fxxxxf8.8NS8JSJSJ8SS..S.SSSS8A.SSxSSJP!PZv8SJSS8]888JJ:S8A8xx*8SSSS!S8.S^8SC\228`K*824S}}}Jxxxxxxoffff8888xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS\SSSSSSS"5^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!(!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,=,=,=,H2H2H2H2H2(2!2!!!2'H2YH8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!N!778(:822:!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006G!2,d22!d8!Y!!,,#2d!b'!HH!22222!L28!L2(7!:-!2KKK,HHHHHHYC====!!!!HHHHHHH8HHHHHH82,,,,,,C,,,,,222222272222222"5^(1<| yO'ԍRequest at 2.> MAET argues that initially it will need only  xt10 MHz of its authorized 6 GHz frequency for educational television relay, and that in the near future a  x7new multiplexor will be developed to reduce the bandwidth required to only 5 MHz, or 15% of its system  S' xbandwidth capacity of 30 MHz.:@| {O 'ԍId.: In addition, MAET discusses the other technical options it has  xconsidered, including higher frequencies in the 6 and 7 GHz bands, the 18 GHz band, and dual systems  S' xin the Part 74| yO 'ԍ#X\  P6G;/P#47 C.F.R. Part 74, Subpart F authorizes licensing for Television Broadcast Auxiliary Stations. and Part 101b | yO'ԍ#X\  P6G;/P#47 C.F.R. Part 101 authorizes licensing in the Fixed Microwave Services. frequency bands permitting the planned operations.> | yO-'ԍRequest at 2.> However, MAET  Sh' x*concludes that the other options are prohibitively expensive.: h | {O'ԍId.: It also states that its current towers are not  S5'heavy enough to support two sets of antennas.: 5| {O'ԍId.:  S' "4.ؠ Accordingly, MAET requests whether it may use up to 10 MHz of its recently authorized 6  S ' x*GHz frequency to offer the television broadcast service that it now offers under its Part 74 licenses.: | {O'ԍId.: In  xthe alternative, MAET requests a waiver of Section 101.603(b)(2) of our Rules to achieve the same  S6 ' xVresult.@ 6 8| {O'ԍId. at 3.@ In support of its waiver request, MAET argues that the proposed use will result in a more  S ' x*efficient use of the microwave frequency spectrum by releasing BAS channels.F  | {Om 'ԍId. at 2.F MAET also argues that  xthe waiver would represent a more efficient use of its existing towers and other resources, including the  xgminimum amount of State of Mississippi funds, and that it will allow MAET to move forward with the  Sj'Commission's goals of offering digital television at an earlier date than would otherwise be possible.@j\| {Of$'ԍId. at 3.@  S'F III. DISCUSSION Đ\  S' "5.ؠ Rule interpretation. Section 101.603(b)(2) of the Commission's Rules does not include the 6",l(l(,,o"  xGHz frequency band for which MAET holds licenses among those on which licensees are permitted to  S' xtransmit program material for use in connection with broadcasting.|| yO5'#X\  P6G;/P#э47 C.F.R.  101.603(b)(2). Specifically, 47 C.F.R.  101.603(b) of the Commission's Rules states, XStations licensed in this radio service shall not:  X` ` (1) Render a common carrier communications service of any kind;   e i, X` ` (2) Transmit program material for use in connection with broadcasting, except as provided in paragraphs (a)(2), and (a)(7)) of this section; and/or   e iv X` ` (3) Be used to provide the final RF link in the chain of transmission of program material  h to cable television systems, multipoint distribution systems or master antenna TV systems, except in the frequency bands 6425-6525 and 18,142-18,580 MHz and on frequencies above 21,200 MHz. | There are two potential exceptions  x7to this general rule against provision of broadcasting program material on spectrum authorized under Part  x*101. The first exception, set forth in Section 101.603(a)(2) of the Commission's Rules, states that in the  xDfrequency bands 6425-6525 MHz, 18,142-18,580 MHz, and on frequencies above 21,200 MHz, licensees  S' xmay deliver any of their own products and services to any receiving location.N| yO9'ԍ47 C.F.R.  101.603(a)(2).N MAET's description of  xits educational products created for distribution to statewide outlets appears to comply with this use;  xhowever, since the subject licenses do not include frequencies within the listed frequency bands, this exception does not apply to the pending request.  S' "6.ؠ The second exception, set forth in Section 101.603(a)(7) of the Commission's Rules, states that  xlicensees may transmit program material from one location to another, provided that the frequencies do  S ' xnot serve as the final RF link in the chain of distribution of the program material to broadcast stations.N ( | yOd'ԍ47 C.F.R.  101.603(a)(7).N  x@MAET states that its system plan would use the frequencies in question for simulcast operations to its  S6 ' xeight television stations.>6 | yO'ԍRequest at 1.> As a result, it appears that MAET proposes to use its 6 GHz band frequencies  xas the final RF link in the chain of distribution of program material for broadcast stations. Thus, the  xexception in Section 101.603(a)(7) does not apply to MAET's proposal. Since neither exception to Section  xQ101.603(b) applies to MAET's situation, by the terms of Section 101.603(b)(2), MAET's proposed use of the 6 GHz band is prohibited.  S' "87.ؠ Waiver request. MAET requests that if we determine that the Commission's Rules prohibit  xuse of the 6 GHz band for the television programming developed by the State of Mississippi, that the  x/Commission grant a waiver to allow this use. In order to prove that a waiver should be granted, a  xpetitioner must show that either 1) the underlying purpose of the rule will not be served, or would be  xfrustrated, by its application in the particular case, and that grant of the waiver is otherwise in the public  xcinterest; or 2) the unique facts and circumstances of a particular case render application of the rule  xinequitable, unduly burdensome, or otherwise contrary to the public interest, or the applicant has no  S' xreasonable alternative.sH | yO$'#X\  P6G;/P#э47 C.F.R.  1.925(b)(3).s In support of its request, MAET posits that the proposed use will result in a more  Sm' xefficient use of the microwave frequency spectrum making BAS channels available.>m| yO&'ԍRequest at 3.> While this may be"mh,l(l(,,"  xxone benefit of allowing MAET's proposed use, we also must consider the current demand for 6 GHz band  xspectrum. In particular, we note that the spectrum available to POFS has been subject to increasing  xdemand. For example, 2 GHz licensees are being relocated to accommodate Personal Communications  xService licensing, and one of the main frequency bands to which 2 GHz incumbents may move is the 6  x&GHz band. In addition, no new POFS spectrum has been designated. At the same time, we note that  x<there is a growing need for infrastructure support spectrum in light of new operations in the Local  x^Multipoint Distribution Service, Wireless Communications Services, and expansion of Commercial Mobile  xRadio Service systems. In view of these and other new services which place pressure on POFS support  xspectrum, we cannot find that it is in the public interest to allow a waiver for broadcasting use of the 6 GHz band, particularly if other spectrum in which such use is permitted is available.  S' "<8.ؠ MAET also argues that granting its waiver request would provide the State of Mississippi more  x/efficient use of its existing towers and other resources, including the minimum amount of State of  xMississippi funds, and that it will allow MAET to offer digital television at an earlier date than would  S6 ' xotherwise be possible.:6 | {O 'ԍId.: However, as we noted supra, there are POFS frequencies which may be used for  xIboth local broadcasting and internal communications. Moreover, we find no discussion in MAET's  xclarification request that would persuade us that the cost to communications service users would be  xprohibitive if MAET uses another system design. Although the costs may or may not be higher with  xalternative system designs, MAET has not shown that higher costs are impossible for the State of  xMississippi to meet. We encourage MAET to investigate other options which would not overburden  x"scarce POFS spectrum and which would also meet the budget and serve the needs of the State of  x*Mississippi. We further note that Division staff has been assisting and will continue to work with MAET to identify other options.  S9':  IV. CONCLUSION AND ORDERING CLAUSE Đ\  S' "9.ؠ We find that MAET's proposed operations constitute a prohibited use in the 5.9256.425 GHz  xband under Section 101.603(b)(2) of the Commission's Rules. In addition, we conclude that MAET has  xnot shown that the public interest would be served by grant of a waiver of 47 C.F.R.  101.603(b)(2) to permit such use.  S' "_ 10.ؠ ACCORDINGLY, IT IS HEREBY ORDERED that, pursuant to Sections 4(i) and 303(r) of  xthe Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r), and Section 1.925 of the  xDCommission's Rules, 47 C.F.R.  1.925, the request for waiver of 47 C.F.R.  101.601(b)(2) filed by the Mississippi Authority for Educational Television on January 21, 1998, IS DENIED. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqD'wana R. Terry ` `  hhCqChief, Public Safety and Private Wireless Division ` `  hhCqWireless Telecommunications Bureau