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18-122 Guidance for 3.7-4.2 Ghz Incumbent ) IB Docket No

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18-122 Guidance for 3.7-4.2 Ghz Incumbent ) IB Docket No Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) International Bureau and Wireless ) GN Docket No. 20-305 Telecommunications Bureau Announce ) GN Docket No. 18-122 Guidance for 3.7-4.2 GHz Incumbent ) IB Docket No. 20-205 Earth Station Waiver Requests ) DA 20-1094 REQUEST FOR WAIVER Iowa State University of Science and Technology (“ISU”), in accordance with the above- captioned FCC Public Notice “International Bureau and Wireless Telecommunications Bureau Announce Guidance for 3.7-4.2 GHz Incumbent Earth Station Waiver Requests” in DA 20-1094 (released September 16, 2020) (the “Public Notice”) respectfully requests waiver of Sections 25.138, 27.1411(b)(3) of the FCC’s Rules1 to amend its incumbent FSS earth station registration to include an additional, existing co-located antenna for purposes of interference protection. Waiver is appropriate in this situation and will best serve the public interest. This request is consistent with the limits proposed in the NAB and NCTA letter as cited in the Public Notice in that (1) it involves only an antenna located within 150 meters of an incumbent earth station; (2) it requests a waiver for no more than 25 additional antennas per registrant at a given site (ISU requests waiver for only one (1) additional antenna); and (3) ISU seeks interference protection only and hereby disavows any claim to reimbursement for the antenna for which a waiver is sought. Background and Waiver Request ISU is the licensee of nine (9) noncommercial educational radio stations: WOI-FM, WOI(AM), KNSK, KNSZ, KICG, KNSL, KNSC, KICP, and KICL. ISU also holds satellite 1 47 CFR §§ 25.138, 27.1411(b)(3). ~ 1 ~ earth station authorization KL42, which is utilized in connection with its noncommercial educational radio operations, and held earth station authorization E050123 for the same purposes, although the E050123 authorization expired as of April 28, 2020 due to an oversight. Pursuant to the Public Notice, ISU now seeks a waiver to add the antenna previously associated with the E050123 authorization to the existing KL42 authorization as follows: (1) This request involves a site and facility with one incumbent earth station in the 3.7- 4.2 GHz band: a. Call Sign of Incumbent Earth Station: KL42 KL42 was classified as an incumbent earth station for purposes of the 3.7- 4.2 GHz band (C-band) transition, and was included in International Bureau Releases List of Incumbent Earth Stations in the 3.7-4.2 GHz Band in the Contiguous United States, IB Docket No. 20-205, Public Notice, DA 20-823 (IB Aug. 3, 2020). b. SiteID for Incumbent Earth Station KL42: 1 c. AntID for Incumbent Earth Station KL42: 1 (2) The additional antenna is 63 meters from the incumbent earth station KL42. a. Call Sign of Additional Antenna: E050123 b. SiteID for Additional Antenna: 2 c. AntID for Additional Antenna: 2 d. GPS Coordinates for Additional Antenna: 42-01-52.92 N 93-39-04.40 W (3) There is one (1) additional antenna for the registrant at this site. (4) The additional antenna was eligible for incumbent protection when the filing window closed on November 7, 2018. As noted, the additional antenna was registered under call sign E050123 from 2005 to 2020, until an expiration date of April 28, 2020 due to an inadvertent failure to file a renewal application. In fact, ISU filed a C-Band ~ 2 ~ certification for E050123 on May 15, 2019 in connection with Deadline for Submission of Information on Earth Station and Satellite Use of the 3.7-4.2 GHz Band, DA 19-278, GN Docket No. 18-22 (April 11, 2019). (5) Grant of this waiver would not require reimbursement of additional relocation expenses to the applicant. Waiver Standard Under the WAIT Radio standard (and subsequent D.C. Circuit waiver decisions), a rule may be waived where the particular facts make strict compliance inconsistent with the public interest; the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis; and waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule.2 ISU respectfully submits that, under the set of circumstances described herein, strict compliance would be inconsistent with the public interest, and waiver would further considerations of equity and effective implementation of policy. The requested minor correction – to include interference protection for just one (1) additional antenna that was already under FCC authorization for fifteen years and as recently as April 28, 2020 (such that it was eligible for incumbent status but for a renewal filing oversight), and without requiring additional reimbursement of relocation expenses – would be consistent with the Commission’s goals in the C-band proceeding and transition of existing facilities. Moreover, the requested amendment to ISU’s co-located incumbent facility registration would help preserve protection for existing 2 WAIT Radio v. FCC, 418 F2d 1153, 1157, (DC Cir 1969), affirmed by WAIT Radio v. FCC, 459 F2d 1203 (DC Cir 1972); Northeast Cellular Telephone Co. v. FCC, 897 F2d 1164, 1166 (DC Cir 1990) (Northeast Cellular). ~ 3 ~ noncommercial educational radio broadcasting to the public, as it will facilitate ISU’s ongoing public radio programming content distribution. Importantly, ISU further submits that implementation of this minor correction at this time would not result in any significant burden on the Commission or any significant impact on the auction process. In sum, given the limited nature of the requested amendment to its existing incumbent registration, the use of the one (1) additional antenna for noncommercial radio programming content distribution, the proximity of the antenna to the incumbent facility, and the circumstances regarding its registration history, protection and reimbursement, ISU believes that this request comports with each of the elements and justifications set forth in the Public Notice as relate to its stated opportunity for waiver relief. For all these reasons, ISU respectfully requests waiver to amend its incumbent earth station registration KL42 to include one (1) additional, existing co-located antenna, as detailed above, for purposes of interference protection. Respectfully submitted, Barry Persh Barry S. Persh Counsel for Iowa State University of Science and Technology Gray Miller Persh LLP 2233 Wisconsin Ave., NW Suite 226 Washington, DC 20007 (202) 776-2458 September 24, 2020 ~ 4 ~ .
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