Qualcomm has petitioned the Commission for changes to its rules and policies in three respects to support its new wireless MediaFLO service at Channel 55 nationwide. First, it requests that the Commission clarify that the procedures contained in the Office of Engineering and Technology Bulletin No. 69 (“OET-69”) are an acceptable means for demonstrating compliance with the interference protection criteria set forth in Section 27.60. Second, it asks the Commission to establish that a two percent de minimis level of interference is acceptable. Third, it asks the Commission to streamline the processing of OET-69 showings by instituting a shortened public notice period and presuming that these showings are in the public interest.

At present, there are seven analog and 13 DTV public television stations operating on channels 54, 55 and 56. On March 23, 2005, APTS filed reply comments expressing its concern that if the Commission were to act favorably on the Qualcomm petition, the increase in interference with these broadcast operations could jeopardize the mission of public television, which is to provide a free, universally accessible noncommercial educational television service to all Americans. This issue is pending.