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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov 
 ftp.  fcc.  gov 
 DA  00-  1748 
 August  3,  2000 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  SEEKS  COMMENT  ON  TELECORP  PCS, 
 L.  L.  C.  ’S  REQUEST  FOR  WAIVER  OF  THE  FIVE  YEAR  BROADBAND  PCS  CONSTRUCTION 
 REQUIREMENT  FOR  THE  PARTITIONED/  DISAGGREGATED  LOUISVILLE  MTA  (026) 


 Comment  Date:  September  4,  2000  Reply  Date:  September  19,  2000 


 On  July  7,  2000,  TeleCorp  PCS,  L.  L.  C.  (“  TeleCorp”),  licensee  of  call  sign  WPOI215,  a  license 
 partitioned/  disaggregated  from  the  Louisville  MTA,  filed  a  request  for  waiver  of  the  five  year  construction 
 requirements  under  Section  24.203(  a)  of  the  Commission’s  rules,  47  C.  F.  R.  §  24.203(  a).  Pursuant  to  this 
 Section,  licensees  are  required  to  provide  adequate  service  to  at  least  one-  third  of  the  population  in  their 
 licensed  areas  within  five  years.  TeleCorp  acquired  this  license  through  partitioning  and  dissagregation  from 
 AT&  T  Wireless  PCS,  LLC.  In  that  transaction,  TeleCorp  certified  that  it  would  meet  the  construction 
 requirements  found  in  Section  24.203(  a)  of  the  Commission’s  rules,  47  C.  F.  R.  §  24.203(  a),  with  respect  to  its 
 portion  of  the  market. 


 TeleCorp  submits  that  the  Commission  should  conclude  that  it  has  met  the  threshold,  but  requests  a  waiver  of 
 the  construction  requirements  in  the  event  that  the  Commission  concludes  that  TeleCorp  is  not  in  compliance 
 with  those  requirements.  TeleCorp  submits  that,  in  conjunction  with  Global  PCS,  Inc.,  adequate  service  is 
 currently  provided  to  46.  5  percent  of  the  total  population  of  the  Louisville  MTA.  TeleCorp  states  that  the  area 
 for  which  it  is  responsible  for  provision  of  PCS  is  a  primarily  rural  area  with  a  widely  dispersed  population, 
 which  makes  satisfactory  coverage  difficult  and  costly.  TeleCorp  also  submits  that  a  waiver  of  the  five  year 
 construction  requirements  would  encourage  service  to  rural  areas. 


 We  seek  comment  on  whether  granting  TeleCorp’s  waiver  request  would  further  the  public  interest. 
 Commenters  should  address  the  sufficiency  of  the  showing  made  in  support  of  the  waiver  in  light  of  the 
 requirements  of  47  C.  F.  R.  §  1.925  and  any  other  public  interest  considerations.  Interested  parties  may  file 
 comments  on  or  before  September  4,  2000.  Parties  interested  in  submitting  reply  comments  must  do  so  on  or 
 before  September  19,  2000.  All  comments  should  reference  TeleCorp’s  request  for  waiver  and  include  the  DA 
 number  of  this  Public  Notice  DA  00-  1748.  Comments  should  be  filed  with  the  Office  of  the  Secretary,  Federal 
 Communications  Commission,  TW  B204,  445  12  th  St.  S.  W.,  Washington,  DC  20554.  Comments  also  should 
 be  provided  to  Michael  Ferrante,  Room  No.  4-  C  124,  Wireless  Telecommunications  Bureau,  Federal 
 Communications  Commission,  445  12  th  St.  S.  W.,  Washington,  DC  20554. 


 This  proceeding  has  been  designated  as  a  "permit-  but-  disclose"  proceeding  in  accordance  with  the 
 Commission's  ex  parte  rules.  47  C.  F.  R.  §§  1.1200(  a),  1.1206.  Persons  making  oral  ex  parte  presentations  are 
 reminded  that  memoranda  summarizing  the  presentations  must  contain  summaries  of  the  substance  of  the 
 presentations  and  not  merely  a  listing  of  the  subjects  discussed.  More  than  a  one  or  two  sentence  description  of 
 the  views  and  arguments  presented  is  generally  required.  See  47  C.  F.  R.  §  1.1206(  b).  Other  rules  pertaining  to 
 oral  and  written  ex  parte  presentations  in  permit-  but-  disclose  proceedings  are  set  forth  in  section  1.1206(  b)  of 
 the  Commission's  rules,  47  C.  F.  R.  §  1.1206(  b). 
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 The  TeleCorp  waiver  request  is  also  available  for  public  inspection  and  copying  in  the  Reference  Center,  Room 
 CY  A257,  445  12th  St.,  S.  W.,  Washington,  DC  20554.  Copies  of  the  waiver  request  are  also  available  from 
 ITS  at  1231  20  th  St.  N.  W.,  Washington,  DC  20036,  or  by  calling  (202)  857-  3800. 


 For  further  information,  contact  Michael  Ferrante  at  (202)  418-  1323. 
 By  the  Chief,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau 
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