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Comment Sought on Petition for Rulemaking Filed by AT&T

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Released: May 2, 2012


Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-701

Released: May 2, 2012





Comments Due: June 1, 2012

Reply Comments Due: June 18, 2012

On February 29, 2012, AT&T Services Inc., on behalf of AT&T, Inc. and its subsidiaries
(“AT&T”) filed a petition for expedited rulemaking and request for waiver asking the Commission to
modify its current rules for cellular base station Effective Radiated Power (“ERP”) in Section 22.913 of
the Commission’s rules1 to make them consistent with other mobile broadband services. With this Public
Notice, we seek comment on AT&T’s petition for expedited rulemaking.2
In 2008, the FCC revised the radiated power rules for several wireless services, including
Personal Communications Services and Advanced Wireless Services to permit the use of a power spectral
density (“PSD”) model for measuring equivalent isotropically radiated power (“EIRP”). However, the
Commission declined to extend this change to the cellular radio service because the frequencies
immediately adjacent to the cellular bands were undergoing significant restructuring.3 AT&T notes that,
at this time, the restructuring is nearly complete.4
AT&T proposes that the current ERP limits for cellular base stations be restated as PSD limits
and specifically proposes a PSD limit of 250 watts/MHz in non-rural areas and 500 watts/MHz in rural
areas.5 AT&T contends that this change is necessary to allow cellular licensees to efficiently utilize their

1 47 C.F.R. §22.913
2 AT&T Services, Inc., Petition for Expedited Rulemaking and Request for Waiver of Section 22.913 of the
Commission’s Rules (filed February 29, 2012) (“Petition”). We do not seek comment on AT&T’s request for a
waiver of 47 C.F.R. §22.913 at this time.
3 See In the Matter of Biennial Regulatory Review – Amendment of Parts 1, 22, 24, 27 and 90 to Streamline and
Harmonize Various Rules Affecting Wireless Radio Services, Third Report and Order, 23 FCC Rcd 5319 (March
2008) at ¶51.
4 See Petition at 8.
5 See Petition at 3

spectrum for next-generation wireless broadband networks.6 AT&T also includes a study that purports to
show that shifting to PSD-based power limits for the cellular band would not cause harmful interference
to users in adjacent bands.7 We seek comment on the proposed rule change and associated technical

Procedural Matters

Interested parties may file comments and reply comments on or before the dates indicated on the
first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing
System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking
, 63 Fed. Reg. 24121 (1998).
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.


This is the


location where hand-
delivered or messenger-delivered paper filings for the Commission’s Secretary will be
accepted. The Commission’s former filing location at 236 Massachusetts Ave., N.E., is
permanently closed.
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/
This proceeding shall be treated as a “permit-but-disclose” in accordance with the Commission’s
ex parte rules.8 Persons making ex parte presentations 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

6 Id. at 9-12.
7 Id. at 12-13 and Appendix A.
8 See 47 C.F.R. §§ 1.1200(a), 1.1206. et seq.

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).
The Petition as well as the comments and reply comments filed in response to this Public Notice
will be available for public inspection and copying during business hours in the FCC Reference Information
Center, Portals II, 445 12th Street S.W., Room CY-A257, Washington, D.C. 20554, and via ECFS. The
comments may also be purchased from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile
(301) 816-0169, e-mail
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).
For further information, please contact Paul Powell of the Wireless Telecommunications Bureau,
Mobility Division, at (202) 418-1613 or
- FCC -

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