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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                 )
  INNOVATIVE COMMUNICATIONS, INC.   )File No. 29103-CD-P/ML-94
                                )
                                )
for Authority for Station KAA280)
on 152.15 MHz at Silver Plume,  )
Clear Creek County, Colorado    )
                                 

                  MEMORANDUM OPINION AND ORDER


    Adopted:  June 17, 1997Released:  June 17, 1997

By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:
                                                               
                        I.  INTRODUCTION

      1.The Division has before it a Petition for Reconsideration ("Petition"), filed April 7,
1995 by Innovative Communications, Inc. ("Innovative"), of the decision granting Innovative
developmental authorization for a two-way base station to operate on 152.15 MHz at Silver Plume
in Clear Creek County, Colorado.  Innovative requests reclassification of the Silver Plume base
station license from a developmental to a regular authorization.  By this Order, we deny Innovative's
Petition because it has not provided signal propagation readings demonstrating that no harmful
interference will occur to co-channel Station KNKB311 on frequency 152.15 MHz.  
                         II.  BACKGROUND

      2.On September 12, 1994, Innovative submitted its application to add an additional
antenna location for Station KAA280 at Silver Plume, Colorado.  At the same time, Innovative
requested a waiver of Section 22.589(a) of the Commission's rules, which requires that applications
include interference studies demonstrating that the proposed facilities will not cause harmful
interference to any co-channel facilities that are within the minimum mileage separation requirement
of the proposed facility.  Specifically, Innovative's waiver request stated that it would utilize the
Commission's analysis but amend the calculation to include the attenuation (shadow loss) caused
by several high mountain ranges between Silver Plume and co-channel Station KNKB311, at Buena
Vista, Colorado.  

      3.On March 8, 1995, the Narrowband Branch granted a developmental authorization
to Innovative, pursuant to 47 C.F.R.  22.401(c), which allows the Commission to grant
developmental authorizations for "[s]tations transmitting on channels in certain frequency ranges,
to provide a trial period during which it can be individually determined whether such stations can
operate without causing excessive interference to existing services."  The developmental
authorization requires that Innovative perform periodic testing and submit quarterly reports
indicating the signal propagation readings for the Silver Plume base station to ensure that no
interference exists with Station KNKB311.  In its Petition, Innovative requests reclassification of
the Silver Plume facility as a full base station with the condition that it will cease operating if the
station causes co-channel interference.

                         III.  DISCUSSION

      4.Section 22.589(a) requires an applicant preparing an interference study to use
procedures consistent with Section 22.567 of the Commission's rules. In its Petition, Innovative
contends that the Narrowband Branch overlooked its request to waive Section 22.589(a), which
included calculations prepared by Innovative's consulting engineering firm, Hartech, Inc. (Hartech),
demonstrating that shadow losses caused by mountain ranges located between the Silver Plume and
the Buena Vista facilities would provide substantial path attenuation that would allow the two
channels to co-exist without interference.  In addition, the Petition includes an additional study by
Hartech that concludes that no overlap exists between the service areas and interference contours of
the Silver Plume and Buena Vista base stations. 
     
      5.Although required by Section 22.589, Innovative has not provided signal propagation
readings using the methods specified by the Commission in Section 22.567.   Section 22.589(a)
requires that Innovative submit an interference exhibit: (1) which identifies all protected transmitters
and shows that there is no overlap of service and interfering contours between Innovative's proposed
transmitter and the protected transmitters; or, (2) stating that the licensee of the protected transmitter
has agreed to accept any possible interference resulting from Innovative's proposed base station. 
In its application, Innovative did not provide interference exhibits nor did it acquire consent from
the licensee of Station KNKB311.  Rather, it claims that signal propagation readings are not
necessary because the Silver Plume base station will not cause any co-channel interference since the
base station is located in an area of irregular terrain.  

      6.We agree with the decision to grant Innovative a developmental license for the Silver
Plume base station.  The grant of a developmental license is consistent with the May 2, 1980 Public
Notice that outlines the Commission's guidelines on the treatment of a base station applicant's claim
that irregular terrain affects prediction of reliable service contours.  The Public Notice states that
where the applicant contends that the terrain will limit the base station's signal and not cause
interference, the Commission will grant developmental authority unless the applicant can satisfy a
waiver of the Commission's signal propagation methods by providing "extensive quantitative
engineering field strength measurement data gathered over a significant geographic area and
covering a substantial time period within each of the four seasons of the year."  

      7.Innovative's waiver request did not provide the requisite measurements to satisfy a
waiver of the Commission's methods for determining signal propagation.  In fact, Innovative has not
furnished any signal propagation computations because it claims that the location of the Silver Plume
base station makes it burdensome to provide these computations.  Because Innovative has not
provided sufficient documentation to qualify for a waiver, developmental authorization, in
accordance with Section 22.401 of the Commission's rules, was appropriately granted.  Accordingly,
we deny Innovative's Petition for Reconsideration. 
                                 
                       V.  ORDERING CLAUSE

      8.Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 5(c) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), 155(c) and 405, and pursuant to the
authority delegated by Sections 0.331 and 1.106 of the Commission's Rules, 47 C.F.R.  0.331 and
1.106, the Petition for Reconsideration filed by Innovative Communications, Inc., on April 7, 1995
IS DENIED.


     FEDERAL COMMUNICATIONS COMMISSION




     David L. Furth
     Chief, Commercial Wireless Division
     Wireless Telecommunications Bureau