PUBLIC NOTICE

FEDERAL COMMUNICATIONS COMMISSION 	News Media Information: (202) 418-0500
445 12th STREET, S.W.	Fax-On-Demand: (202) 418-2830
WASHINGTON, D.C.  20554	Internet: http://www.fcc.gov
ftp.fcc.gov

										DA 00-219
										February 4, 2000
WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON 
QUALCOMM INCORPORATED'S PETITION FOR DECLARATORY RULING 
SEEKING 700 MHZ BAND LICENSE PURSUANT TO RULING OF U.S CIRCUIT 
COURT OF APPEALS
Comment Date: February 14, 2000				Reply Date: February 21, 2000

QUALCOMM Incorporated ("QUALCOMM") has filed a Petition for Declaratory Ruling  
pursuant to Section 1.2 of the Rules and Regulations of the Federal Communications 
Commission ("FCC" or "Commission").   QUALCOMM seeks to withdraw its pending 
pioneer's preference request for the A Block broadband PCS license in the Southern Florida 
Major Trading Area and substitute for it the 700 MHz band D Block license (752-762 MHz and 
782-792 MHz) in the Southeast Economic Area Grouping 3 ("EAG 3").  
QUALCOMM contends that the 700 MHz band D Block license is the only immediately 
available license that will satisfy the mandate of the Court of Appeals for the District of 
Columbia. Circuit.   QUALCOMM submits estimates of spectrum value to support its 
contention.
We seek comments on all aspects of QUALCOMM's petition.  All comments should reference 
the DA number of this Public Notice (DA 00-219).  Comments should be filed with the Office of 
the Secretary, Federal Communications Commission, Room TW-B204, 445 12th Street, S.W., 
Washington, D.C., 20554.  Comments also should be provided to Nicole Oden, Auctions and 
Industry Analysis Division, Room 4-B551, Wireless Telecommunications Bureau, Federal 
Communications Commission, 445 12th Street, S.W., Washington, D.C., 20554. 
This proceeding has been designated as a "permit-but-disclose" proceeding in accordance with 
the Commission's ex parte rules.   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.   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.  
QUALCOMM's Petition for Declaratory Ruling is available for public inspection and copying in 
the Commission's Reference Center, Room CY-A257, 445 12th Street, S.W., Washington, D.C., 
20554.  A copy may also be attained from ITS at 1231 20th Street, N.W., Washington, D.C., 
20036, or by calling (202) 857-3800.
For further information, contact Nicole Oden of the Auctions and Industry Analysis Division at 
(202) 418-0660.
By the Chief, Wireless Telecommunications Bureau


-FCC-



  	QUALCOMM Incorporated Petition for Declaratory Ruling Giving Effect the Mandate of the District of 
Columbia Circuit Court of Appeals (filed January 28, 2000).  See Attachment.
  	47 C.F.R. 1.2.
  	See Service Rules for the 746-764 and 776-794 MHz Bands and Revisions to Part 27 of the Commission's 
Rules, First Report and Order, WT Docket No. 99-168, FCC 00-5, released January 7, 2000 ("700 MHz First 
Report and Order").
  	See QUALCOMM Incorporated v FCC, 181 F.3rd 1370 (D.C. Cir. 1999).
  	47 C.F.R.  1.1200(a), 1.1206.
  	See 47 C.F.R.  1.1206(b).
  	47 C.F.R.  1.1206(b).