STA Request

3398-EX-ST-1998 Post Grant Documents

TELIGENT, INC.

2002-06-20ELS_56623

5 —337%—EX—1996 8065 Leesburg Pike, Suite 400 T n Vienna, Virginia 22182 elment voice: 703.762.5100 fax: 703.762.5200 http://www.teligentcorp.com May 6, 1998 VIA HAND DELIVERY Federal Communications Commussion Experimental Licensing Branch P.O. Box 358320 Pittsburgh, PA 15251—5320 Re: Request for Special Temporary Authority Teligent, Inc. Digital Electronic Message Service Expedited Treatment Requested Dear Ladies and Gentleman: Pursuant to Section 5.56, 5.57(a) and 5.202(1) of the Commission‘s Rules, 47 C.E.R. §§ 5.56, 5.57(a) and 5.202(1), Teligent, Inc. and its wholly owned subsid— 1aries FirstMark Communications, L. L.C. ("FirstMark"), Teligent License Company I, L.L.C. ("Company I") and Teligent License Company II, L.L.C. ("Company II") (collectively "Teligent"), hereby request an additional Special Temporary Authority ("STA") to operate non—type accepted equipment in the 24 GHz Digital Electronic Message Service ("DEMS") band for six months. Teligent‘s current STA to conduct the type of experimental testing requested in this application will expire on June 9, 1998.‘ Grant of this request is consistent with the Commission‘s March 14, 1997 order that required: (1) the relocation of 18 GHz band DEMS licenses to the 24 GHz DEMS band to satisfy national security requirements; (2) the discontinuance of 18 Teligent‘s current STA was granted on December 9, 1997. See FCC File Number S—3123—EX—97.

GHz DEMS operations in the Washington, D.C. market and Denver, Colorado areas as of June 5, 1997; and (3) the discontinuance of 18 GHz DEMS operations in all other areas by January 1, 2001 Specifically, Teligent seeks an authorization for six months to continue the following operations related to DEMS relocation in markets where it currently holds 24 GHz DEMS licenses: (1) testing of various non—type accepted equipment for the 24 GHz DEMS band; and (11) provision of commercial service to customers using non—type accepted equipment for the 24 GHz DEMS band until such time as type accepted equipment is available. Grant of this STA serves the public interest by facilitating DEMS relocation to the 24 GHz band on an expedited basis, enabling Teligent to continue providing service to existing customers, and to continue marketing competitive local telecommunications services to other potential customers using its fixed wireless, 24 GHz licenses. Currently, only one vendor has type accepted point—to—point equipment for the 24 GHz band and there is no type accepted point—to—multipoint equipment for the 24 GHz DEMS band. Therefore, grant of this STA is needed as soon as practicable to facilitate the continued development of radio technique, equipment, operational data, and engineering data related to DEMS as discussed further below. I. BACKGROUND Teligent holds licenses to construct and operate DEMS systems in the 24 GHz frequency band in more than 70 markets. A list of FirstMark‘s, Company I‘s and Company II‘s DEMS licenses is attached hereto as Exhibit 1. On March 14, 1997, pursuant to a request by the National Tele— communications and Information Administration ("NTIA") to alleviate potential interference between DEMS operations and U.S. government military satellite opera— tions, the Commission adopted the DEMS Relocation Order relocating DEMS from the 18 GHz band to the 24 GHz band to accommodate these sensitive national *Amendment of the Commission‘s Rules to Relocate the Digital Electronic Message Service From the 18 GHz Band to the 24 GHz Band and to Allocate the 24 GHz Band for Fixed Service, Order, ET Dkt. 97—99, FCC 97—95 (Released March 14, 1997) ("DEMS Relocation Order"). The effective date of the DEMS Relocation Order is June 5, 1997.

security interests. The Commussion also adopted amended service rules for 18 GHz and 24 GHz DEMS and directed the Wireless Telecommunications Bureau ("Wireless Bureau") to issue modified DEMS licenses authorizing operations in the 24 GHz band. To ensure the protection of government satellite operations, the Com— mission required incumbent DEMS licensees to cease operations using the 18 GHz band within a 150 kilometer area of the government‘s earth station facilities in Wash— ington, D.C. and Denver, Colorado as of June 5, 1997, the effective date of the Commission‘s amended DEMS rules.* In all other areas, incumbent DEMS licensees must cease operations using the 18 GHz band by January 1, 2001. The Commussion also requires coordination between DEMS systems and existing Federal Aviation Administration ("FAA") radio navigation radar facilities in the Washington, D.C. and Newark, New Jersey areas until such facilities are decommissioned.* Although one vendor has obtained type acceptance for specific types of point— to—point DEMS equipment at 24 GHz, equipment suppliers are still in the process of obtaining type acceptance for both point—to—point and point—to—multipoint 24 GHz DEMS equipment. Therefore, Teligent will continue to need to use non—type accepted equipment to provide commercial service to customers prior to the Commission‘s grant of additional type acceptance for 24 GHz DEMS equipment, including customers in those areas where relocation of operations from the 18 GHz band to 24 GHz band was mandated by June 5, 1997. IL. THE INSTANT REQUEST Teligent seeks an additional six month STA for the following operations related to DEMS relocation in markets where Teligent currently is licensed. First, Teligent will test non—type accepted equipment to determine its viability for the 24 GHz DEMS band and all DEMS service areas and frequencies. Second, Teligent will provide commercial service to customers using non—type accepted equipment for the 24 GHz DEMS band. In accordance with the DEMS Relocation Order, Teligent will certify coordination with the FAA to ensure that its use of 24 GHz equipment does not cause any harmful interference. °DEMS Relocation Order at § 14. Teligent has ceased 18 GHz operations and commenced 24 GHz point—to—point operations in these licensed areas. *Id. at § 15.

In light of the extraordinary circumstances surrounding the mandatory relocation of DEMS from the 18 GHz band to the 24 GHz band on an expedited basis, grant of Teligent‘s STA request is clearly warranted under Section 101.31 of the Commission‘s Rules. It would be inefficient and costly for Teligent to deploy 18 GHz equipment that will have to be removed before the end of its useful life. Such a requirement would impose an unnecessary financial burden on Teligent as they transition to 24 GHz. Moreover, in order to facilitate the transition to 24 GHz, Teligent must continue to conduct testing of the newly designed DEMS equipment in a variety of weather conditions and environments. In any event, it is Teligent‘s understanding that vendors are no longer pursuing type acceptance for point—to— multipoint radios in the 18 GHz band. Thus, Teligent‘s only option to deploy and test point—to—multipoint equipment is in the 24 GHz band. The need for an additional STA is particularly compelling within the 150 kilometer area around Washington, D.C. and Denver, Colorado. Teligent is providing commercial service to customers in the Washington, D.C., Baltimore, Maryland and Denver, Colorado market and requires an STA to ensure that service to such customers can continue using point—to—point and point—to—multipoint equip— ment. Moreover, non—type accepted 24 GHz equipment is currently available from manufacturers for deployment. Therefore, failure to grant this STA will prejudice the public interest which according to Section 5.56, 5.57(a) and 5.202(1) of the Commission‘s rules justifies expedited processing of an STA request. The Commission recognized the "need to move DEMS as quickly and with as little impact as possible" in the DEMS Relocation Order." Grant of the instant STA request serves the public interest by facilitating the continued relocation of Teligent‘s DEMS operations to satisfy national security requirements. Specifically, the STA will enable Teligent to continue to serve customers at 24 GHz with point—to— multipoint equipment, rather than deploying point—to—point equipment for some interim period which will eventually need to be replaced. Furthermore, Teligent will be able to provide continued service to its existing customers in the Washington, D.C., Baltimore, Maryland and Denver, Colorado area during the transition from the 18 GHz band to the 24 GHz band. The STA also serves the public interest by allowing Teligent to test non—type accepted equipment in various real world environ— ments where the equipment ultimately will be deployed commercially to determine * Id. at § 12.

whether it functions properly. This testing will foster a "quick" relocation to 24 GHz with "as little impact" to the public as possible, consistent with the Commission‘s goals set forth in the DEMS Relocation Order. The following information is provided pursuant to Section 5.56(b) of the Commussion‘s rules: 1) Address and Points of Communications: Teligent, Inc. 8065 Leesburg Pike Suite 400 Vienna, VA 22182 Contact: Terri Natoli Operations will occur at various points and in various real—world environments. 2) Equipment: 24 GHz point—to—multipoint microwave equipment. 3) Frequencies Desired: 24.25—24.45 GHz and 25.05—25.25 GHz bands. 4) Transmit Power Output: The equipment will operate at a maximum output of 1000 mW (+30 dBm). 5) Type of Emission: The equipment tested will have a maximum bandwidth of 10 MHz and the following types of emissions: DW and G1D. 6) Overall Height of Antenna Structure Above Ground: Teligent will transmit to and from receivers located on existing anten— na structures and new structures. To the extent new structures are required, Teligent will obtain FAA no—hazard determinations and satisfy related Commussion obligations.

7) Type of Operation to be Conducted: Transmission on various DEMS channels between DEMS nodal stations and customer sites. 8) Purpose of Operation: Teligent requires special temporary authority in order to (i) test non— type accepted point—to—multipoint equipment for the 24 GHz DEMS band and (ii) provide commercial service to customers using non—type accepted point—to—multipoint equipment for the 24 GHz DEMS band until such time as type accepted equipment is available. Teligent certifies that no party to this application is subject to a denial of federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 862. If you have any questions regarding this matter, please call Teligent‘s communications counsel, Jay L. Birmbaum, Esq., Skadden, Arps, Slate, Meagher & Flom, 1440 New York Avenue, NW., Washington, D.C.; (202) 371—7288. Sincerely, %wu Maks h Terri Natoli, Assistant Secretary Teligent, Inc. First Mark Communications, L.L.C. Teligent License Company I, L.L.C. Teligent License Company II, L.L.C. co: Carl Huie

DEMS Licenses Market Licensee Call Sign New York, NY TLCI WMT307 New York, NY TLCI WMT315 Los Angeles, CA TLCI WMT337 Los Angeles, CA TLCI WMT314 Chicago, IL TLCI WMT332 Chicago, IL TLCI WMT318 Philadelphia, PA TLCI WMT339 Philadelphia, PA TLCI WMT313 Detroit, MI * TLCI WPJD309 Detroit, MI TLCI WPJD304 Dallas, TX TLCI WMT331 Dallas, TX TLCI WMT340 Houston, TX TLCI WMT330 Houston, TX TLCI WMT322 Washington, DC TLCI WMT338 Washington, DC TLCI WMT312 San Francisco, CA TLCI WMT336 Boston, MA TLCI WMT333 Boston, MA TLCI WMT328 Atlanta, GA TLCI WMT335 Atlanta, GA TLCI WMT317 San Diego, CA TLCI WMF844 Minneapolis, MN TLCI WMT310 Minneapolis, MN TLCI WMF845 St. Louis, MO TLCI WMF846 St. Louis, MO TLCI WMT324 Baltimore, MD TLCI WMF850 Phoenix, AZ TLCI WMFS851 Phoenix, AZ TLCI WMT3O9 Seattle, WA TLCI WMF854 Seattle, WA TLCI WMT323 TLCI — Teligent License Company I, LLC TLCII — Teligent License Company II, LLC FirstMark — FirstMark Communications, Inc. Page 1

DEMS Licenses Market Licensee Call Sign Pittsburgh, PA TLCI WMF852 Pittsburgh, PA TLCI WMT319 Denver, CO TLCI WMT329 Miami, FL TLCI WMT334 Miami, FL TLCI WMT327 Tampa, FL TLCI WMT308 Tampa, FL TLCI WMF849 Cleveland, OH . TLCI WPJD853 Cleveland, OH TLCI WMT341 Portland, OR TLCI WMT321 Portland, OR TLCI WMF842 San Jose, CA TLCI WPJC396 Cincinnati, OH TLCI WMF847 Kansas City, MO TLCI WMF848 Kansas City, MO TLCI WMT325 Sacramento, CA TLCI WMF843 Sacramento, CA TLCI WMT320 Milwaukee, WI TLCI WMT31 1 Milwaukee, WI TLCI WMF840 San Antonio, TX TLCI WPJC397 San Antonio, TX TLCI WMT326 Indianapolis, IN TLCI WMT316 Indianapolis, IN TLCI WMF841 Columbus, OH TLCI WMT342 TLCI — Teligent License Company I, LLC TLCII — Teligent License Company II, LLC FirstMark — FirstMark Communications, Inc. Page 2

DEMS Licenses Market Licensee Call Sign Columbus, OH TLCH WPNH3 18 Salt Lake City, UT TLCIH WPNH283 Orlando, FL TLCH WPNH299 Buffalo, NY TLCIH WPNH3 15 New Orleans, LA TLCH WPNH288 Hartford, CT TLCH WPNH295 Nashville, TN TLCIH WPNH325 Norfolk, VA TLCIHI WPNH284 Rochester, NY TLCIH WPNH316 Memphis, TN TLCH WPNH323 Jacksonville, FL TLCIH WPNH298 Oklahoma City, OK TLCIH WPNH3 19 Greensboro, NC TLCIH WPNH306 Louisville, KY TLCIHI WPNH302 West Palm Beach, FL TLCIH WPNH300 Las Vegas, NV TLCIH WPNH3 13 Birmingham. AL TLCIH WPNH289 Austin, TX TLCIH WPNH324 Honolulu, HI TLCII WPNH301 Dayton, OH TLCIH WPNH3 14 Albany, NY TLCII WPNH3 11 Charlotte, NC TLCIH WPNH305 Richmond, VA TLCII WPNH286 Tulsa, OK TLCIH WPNH320 Raleigh, NC TLCIH WPNH307 Fresno, CA TLCH WPNH291 Tuscon, AZ TLCIHI WPNH290 Allentown, PA TLCIH WPNH287 Ventura, CA TLCIHI WPNH293 Syracuse, NY TLCIH WPNH3 17 Akron, OH TLCIH WPNH3 12 TLCI — Teligent License Company I, LLC TLCII — Teligent License Company II, LLC FirstMark — FirstMark Communications, Inc. Page 3 >

DEMS Licenses Market Licensee Call Sign Greenville, SC TLCIH WPNH321 El Paso, TX TLCIH WPNH297 Omaha, NE TLCIH WPNH308 Wilmington, DE TLCIH WPNH309 Albuquerque, NM TLCIH WPNH310 Springfield, MA TLCH WPNH304 Baton Rouge, LA TLCIH WPNH303 Charleston, SC TLCIH WPNH322 New Haven, CT TLCIH WPNH296 Stockton, CA TLCIH WPNH294 Newport News, VA TLCH WPNG641 Santa Barbara, CA TLCH WPNH292 Trenton, NJ TLCH WPNH285 TLCI — Teligent License Company I, LLC TLCII — Teligent License Company II, LLC FirstMark — FirstMark Communications, Inc. Page 4

DEMS Licenses Market Licensee Call Sign Los Angeles, LA FirstMark WMT306 San Francisco, CA FirstMark WMT348 New York, NY FirstMark WMT304 TLCI — Teligent License Company I, LLC TLCII — Teligent License Company II, LLC FirstMark — FirstMark Communications, Inc. Page 5


Document Created: 2002-06-20 10:11:06
Document Modified: 2002-06-20 10:11:06
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