Dallas MDS Response (May 1, 2002) to Letters of Apr 09 & 26, 2002

0008-EX-ML-2002 Text Documents

Navini Networks

2002-06-21ELS_56703

TROUTMAN SANDERS LLP A T T O R N E Y S A T LA W A LIMIT ED LIABILITY PA RTNERS HIP 401 9°" Street, NW suitEe 1000 Washington, D.C.20004—2134 www .troutmansanders.com TELEPHONE: (202) 274—2950 FACSIMILE: (202) 274—2994 James A. Stenger Direct Dial: 202—274—2801 james.stenger@troutmansanders.com Fax: 202—654—5652 May 1, 2002 Mr. Charles Iseman Deputy Chief Electromagnetic Compatibility Division RECE | VE D Office of Engineering and Technology Federal Communications Commission mA¥ — 1 2002 445 12"" Street, S.W. . reDERAL COMMUNICATIONS COMMIESIAN Washington, D.C. 20554 orRCcE oF ThE secretany Re: Navini Networks, Experimental License File No. 0133—EX—PL—2000 Dear Mr. Iseman: We are responding to both letters filed by Navini Networks, Inc. ("‘Navini‘) on April 9 and April 26, 2002. At the time Navini counsel filed their first letter, they had only seen the first of two letters filed by Dallas MDS Partners ("‘Dallas MDS"). The Dallas MDS letters were served directly to Navini prior to the time Navini‘s counsel made their appearance in the matter. Dallas MDS has now seen both of Navini‘s letters and Navini counsel has now seen both of the Dallas MDS letters. Accordingly, this letter should be treated as Complainant‘s reply and should close the "pleading" cycle, although Dallas MDS would welcome such further Commission inquiry and participation as would help to resolve this matter. Request for Information Attached hereto is a copy of a letter that Dallas MDS, through counsel, sent to Navini, through counsel, requesting information that would be helpful to evaluate the effect that Navini‘s operations would have on an adjacent channel licensee. This letter follows up on counsel‘s discussions. We would appreciate it if the Commission would hold this matter in abeyance and await and not dismiss the complaint until Dallas MDS receives a response to this request and has an opportunity to review it. Dallas MDS Experimental Application Navini takes the position that the MDS service rules are intended to apply to permanent licensees and that the experimental license rules are

Mr. Charles Iseman May 1, 2002 Page 2 addressed to a different purpose. Navini further takes the position that it should be permitted to continue to conduct its experimental operations in order to advance the technology of the industry, unless its operations are shown to cause actual interference to Dallas MDS. The Commission has adopted interference rules appropriate to each class of service, such as TV, FM, AM, MDS, and ITFS, among others, based upon propagation studies that led to predictions as to the potential for harmful interference that would result from co—channel and adjacent channel operations at various parameters. Complainants are entitled to rely upon the Rules and are not required to go into the field and conduct empirical studies to demonstrate interference from operations that are not in compliance with the Rules. Such a requirement would render meaningless the general propagation studies conducted by the Commission and its promulgation of rules of general applicability. However, Dallas MDS also recognizes that the existing MDS and ITFS service rules need to be revised to allow for two way mobile operations as contemplated by the Commussion‘s Order in the 3G proceeding. Amendment ofPart 2 ofthe Commission‘s Rules to Allocate Spectrum Below 3 GHzfor Mobile and Fixed Services, ET Dkt No. 00258, FCC 01—256, 24 CR 880, 2001 FCC Lexis 5046 (Sept. 24, 2001), paras. 28, 32. The industry needs to conduct field tests such as Navini‘s to develop new technology and to provide the studies that will support an industry petition for new service rules for the MDS/ITFS band. Id. Dallas MDS wishes to be an active participant in this process and wishes to conduct tests of its own to attempt to further this process. As such, Dallas MDS further requests that this matter be held in abeyance pending the processing of an application for an experimental license that Dallas MDS will be filing shortly. Should additional information be necessary in connection with this matter, kindly communicate with the undersigned. Respectfully submitted, on— James A. Stenger cc: Robert J. Ungar, Esq.


Document Created: 2002-06-21 12:54:53
Document Modified: 2002-06-21 12:54:53
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