[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7038]


[[Page Unknown]]

[Federal Register: March 25, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 99

[GEN Docket No. 90-314 and ET Docket No. 92-100; FCC 94-30]

 

Narrowband Personal Communications Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Memorandum Opinion and Order (MO&O) finalizes the 
spectrum allocation, service rules, and pioneer's preference decisions 
for the narrowband personal communications service (PCS). This action 
is taken in response to eight petitions for reconsideration and 
clarification of the First Report and Order (R&O). These rules are 
intended to foster introduction of this new service to the public, 
contribute to development of the national information infrastructure, 
and provide for ubiquitous wireless access to new voice and data 
services. Facilitating the introduction of these services will create 
new jobs and promote U.S. competitiveness in the global 
telecommunications market.


EFFECTIVE DATE: April 25, 1994.


FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, (202) 653-8114.


SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's MO&O 
in GEN Docket No. 90-314 and ET Docket No. 92-100, adopted February 3, 
1994, and released March 4, 1994. The complete text of this MO&O is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington, 
DC, and also may be purchased from the Commission's duplication 
contractor, International Transcription Service, (202) 857-3800, 2100 M 
Street, NW., Suite 140, Washington, DC 20037.

Synopsis of MO&O

    1. In the R&O, 58 FR 42681 (August 11, 1993), the Commission 
defined PCS very broadly to encompass a wide variety of mobile and 
ancillary fixed communication services, which could provide services to 
individuals and business, and be integrated with a variety of competing 
networks. Narrowband PCS was defined as PCS services operating in the 
901-902 MHz, 930-931 MHz and 940-941 MHz bands. Narrowband PCS services 
are expected to include advanced voice paging, two-way acknowledgment 
paging, data messaging, and both one-way and two-way messaging and 
facsimile. Three megahertz (MHz) of spectrum were allocated for 
narrowband PCS services; 2 MHz were made available for immediate 
licensing and 1 MHz remains to be addressed in the future. A channel 
plan was adopted based on 50 kHz-wide channels with 26 channels 
generally available to all interested parties. In addition, eight 12.5 
kHz-wide (paging response) channels were made available only to 
existing paging licensees. Three different-sized PCS service areas were 
adopted: Nationwide, areas based on Major Trading Areas (MTAs), and 
areas based on Basic Trading Areas (BTAs). (MTAs and BTAs are defined 
in Rand McNally's 1992 Commercial Atlas & Marketing Guide at pages 38-
39.) Eleven channels were made available on a nationwide basis; 13 
channels were made available on a MTA basis; and 10 channels, including 
the 8 paging response channels, were made available on a BTA basis. 
Each entity was permitted to acquire up to three licenses per 
geographic area. Geographic-based construction requirements were 
adopted that required nationwide licensees to construct 250 base 
stations in 5 years and 500 base stations in 10 years; MTA licensees to 
construct 25 base stations or serve 25 percent of the MTA's geographic 
area in 5 years and to construct 50 base stations or serve 50 percent 
of the MTA's area in 10 years; and BTA licensees to construct 1 base 
station and initiate service in 1 year. In order for a base station to 
be counted toward the required number of base stations, the base 
station had to serve 3,000 square kilometers (km\2\). Base stations 
that serve less than this area had to be aggregated to form an 
equivalent service area. Finally, in the R&O the Commission granted 
Mobile Telecommunication Technologies, Inc. (Mtel) a pioneer's 
preference for a nationwide 50 kHz-wide channel for developing and 
testing ``multicarrier modulation'' technology capable of transmitting 
a 24 kilobit per second simulcast signal in a single 50 kHz channel and 
for designing a system capable of providing a variety of new two-way 
services in a single 50 kHz channel. An additional 18 pioneer's 
preference requests were denied. On reconsideration, in the MO&O the 
Commission took the following action:
    2. Service definition. PageMart, Inc. (PageMart) requested that 
traditional paging services be excluded from the new narrowband PCS 
spectrum, arguing that the Commission provided no safeguards to ensure 
that the spectrum would be used for advanced messaging and paging 
services. The Commission declined to amend the board definition of 
service adopted in the R&O, stating that it would not be desirable to 
limit the range of services and technologies that are allowed to use 
these frequencies and that the definition adopted in the R&O will allow 
the market to determine the mix of services and technologies that best 
meets the needs of the public.
    3. Channel plan. PageMart requested that a greater variety in the 
size of channels be provided, arguing that the channel plan would limit 
efficient use of this spectrum, encourage warehousing and speculation, 
and inhibit development of services that require either smaller or 
larger channels. The Commission declined to amend the 50 kHz-based 
channel plan adopted in the R&O, stating that the services proposed in 
this docket would be best accommodated by its 50 kHz-based channel 
plan, with aggregation possibilities, as adopted.
    4. Service areas. Paging Network, Inc. (PageNet) requested that 
larger local and regional service areas be provided, arguing that BTAs 
are technically unworkable, not representative of existing local paging 
systems, and not economically viable; and that MTAs pose technical 
difficulties and are not representative of existing regional services. 
The Commission responded that MTAs contain sufficient population and 
geographic area to support viable services and retained MTAs for 
service areas. However, the Commission revised its service areas to 
include five large regions in addition to BTAs, MTAs and nationwide. 
The Commission stated that the regions better reflect the technologies 
and business plans of the parties proposing to implement large regional 
systems. The new five large regions are based upon aggregations of 
MTAs, and each has approximately 20 percent of the nation's population. 
See Sec. 99.102, infra. The Commission also amended the spectrum plan 
to accommodate the new regional service areas, as follows:

------------------------------------------------------------------------
   Service area                      Channels available                 
------------------------------------------------------------------------
Nationwide........  3-50 kHz paired with 12.5 kHz.                      
                    5-50 kHz paired with 50 kHz.                        
                    3-50 kHz unpaired.                                  
Regions...........  4-50 kHz paired with 12.5 kHz.                      
                    2-50 kHz paired with 50 kHz.                        
MTA...............  3-50 kHz paired with 12.5 kHz.                      
                    2-50 kHz paired with 50 kHz.                        
                    2-50 kHz unpaired.                                  
BTA...............  2-50 kHz paired with 12.5 kHz.                      
------------------------------------------------------------------------

    In addition, the Commission amended the rules governing the paging 
response channels to provide that four channels will be available on an 
MTA basis and four on a BTA basis. The Commission stated that 
designating response channels at the MTA level as well as at the BTA 
level will make it easier for operators of wider area local and 
regional systems to upgrade and coordinate their paging operations.
    5. Multiple licenses. PageMart requested that the limit on 
acquisition of multiple licenses be reconsidered, arguing that some 
licensees could hold 300 kHz (three 50 kHz paired channels) and that 
other licensees would be restricted to significantly less spectrum 
because each license is for a smaller channel. PageMart also requested 
that the Commission clarify that existing paging spectrum held by 
licensees not be counted toward the limit and that existing paging 
licensees be limited to two paging response channels per geographic 
area. In response, the Commission clarified that licensees are limited 
to a total of three licenses, excluding the response channels reserved 
for the upgrade of exiting paging systems and also excluding existing 
paging spectrum. Additionally, the Commission clarified application of 
the multiple ownership limits by defining narrowband PCS licensees as 
persons or entities with an ownership interest of five or more percent 
in an entity holding a narrowband PCS license. The Commission agreed 
with PageMart that the conditions for use of the paging response 
channels required clarification and thus specified that an ``existing'' 
paging licensee means a paging licensee authorized under parts 22 or 90 
as of June 24, 1993, that the existing paging licensee must operate at 
least one base station in the MTA or BTA for which it requests a 
response channel, and that the response channels may be used only for 
mobile-to-base transmissions. The Commission limited existing paging 
licensees to two response channels per geographic area, stating that 
this will allow an opportunity for existing paging licensees to provide 
acknowledgement and messaging capability.
    6. Construction requirement. Mtel requested that a population-based 
construction requirement be adopted as an alternative to the geographic 
coverage standard, arguing that such a standard would emphasize service 
to the public. In related requests, PageMart and PageNet asked that the 
method for counting base stations that serve less than 3000 km2 be 
clarified so that a licensee can be certain when it has satisfied its 
construction obligations. In response to these petitions, the 
Commission amended the construction requirements as follows. Nationwide 
narrowband PCS licensees shall construct base stations that provide 
coverage to a composite area of 750,000 square kilometers or serve 37.5 
percent of the U.S. population within five years of initial license 
grant date; and, shall construct base stations that provide coverage to 
a composite area of 1,500,000 square kilometers or serve 75 percent of 
the U.S. population within ten years of initial license grant date. 
Regional narrowband PCS licensees shall construct base stations that 
provide coverage to a composite area of 150,000 square kilometers or 
serve 37.5 percent of the population of the service area within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 300,000 square kilometers 
or serve 75 percent of the service area population within ten years of 
initial license grant date. MTA narrowband PCS licensees shall 
construct base stations that provide coverage to a composite area of 
75,000 square kilometers or 25 percent of the geographic area, or serve 
37.5 percent of the population of the service area within five years of 
initial license grant date; and, shall construct base stations that 
provide coverage to a composite area of 150,000 square kilometers or 50 
percent of the geographic are, or serve 75 percent of the population of 
the service area within ten years of initial license grant date. The 
Commission stated that these new coverage requirements eliminate the 
need to specify a specific number of stations and eliminate any 
previous ambiguity that may have occurred for base stations serving 
less than 3000 km2. The Commission also stated that by including 
alternative population coverage requirements, it can better ensure that 
licensees provide new and better service to the public, that such 
service is implemented promptly, and that the spectrum is efficiently 
utilized. The BTA construction requirement was not amended.
    7. Pioneer's preference. Pacific Bell, PageMart, and PageNet 
requested that Mtel be required to pay for its license, that Mtel be 
required to build the system it proposed, that Mtel not be granted a 
license before other applicants, and, that Mtel be granted a license 
for less than a nationwide service area. The Commission declined to 
require that Mtel pay for its license, stated that Mtel's license 
application will be processed in due course, and affirmed Mtel's 
pioneer grant for a nationwide channel. For the license that Mtel may 
receive as a pioneer, the Commission required Mtel to build a system 
that substantially uses the design and technologies upon which its 
preference award was based and to hold its license for at least three 
years or until the five-year construction benchmark is met, whichever 
occurs first.
    8. Additionally, Advanced Cordless Technologies, Inc. (ACT), Echo 
Group L.P. (Echo), Freeman Engineering Associates, Inc. (Freeman), and 
Global Enhanced Messaging Venture (Global) requested reconsideration of 
the denial of their pioneer's preference requests. ACT's petition was 
dismissed as untimely filed. Echo's petition was denied because: (1) 
The two-way data service it proposed was initially designed for 
implementation in services in which its use already is authorized; (2) 
Echo did not demonstrate how its proposal differs from existing or 
proposed two-way data services on cellular or land mobile frequencies; 
(3) Echo did not demonstrate with specificity the developments for 
which it is responsible; and (4) Echo did not explain how it derives 
its cost figures. Freeman's petition was denied because its system is 
incompatible with the licensing rules. Global's petition was denied 
because its system does not qualify as innovative under the 
Commission's rules.
    9. Accordingly, it is ordered that part 99 of the Commission's 
rules is amended as specified below, effective April 25, 1994.
    10. It is further ordered that the petitions for clarification or 
reconsideration filed by Mobile Telecommunication Technologies, Inc., 
Paging Network, Inc., and PageMart, Inc. are granted in part as 
discussed supra and ARE DENIED in all other respects.
    11. It is further ordered that the petitions for reconsideration 
filed by Echo Group L.P., Freeman Engineering Associates, Inc., and 
Global Enhanced Messaging Venture ARE DENIED and that the petition for 
reconsideration filed by Advanced Cordless Technologies, Inc. is 
dismissed.
    12. It is further ordered that the licensing bureau shall impose 
the following conditions on the license received by Mobile 
Telecommunication Technologies, Inc. (Mtel) pursuant to its pioneer's 
preference award: (1) Mtel shall be required to build a system that 
substantially uses the design and technologies upon which its 
preference award was based; and (2) Mtel must hold its license for 
three years or until the construction requirements applicable to the 
five-year build-out period specified in Sec. 99.103 of the Commission's 
rules have been satisfied, whichever occurs first. It is further 
ordered that the petitions filed by Pacific Bell, Paging Network, Inc., 
and PageMart, Inc. addressing Mtel's pioneer's preference award are 
granted to this extent and, in all other respects, are denied.
    13. This action is taken pursuant to sections 4(i), 7(a), 302, 
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(i), 157(a), 302, 303(c), 303(f), 303(g), and 
303(r).

List of Subjects in 47 CFR Part 99

    Personal communications service, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Amendatory Text

    Part 99 of Title 47 of the Code of Federal Regulations is amended 
as follows:

PART 99--PERSONAL COMMUNICATIONS SERVICES

    1. The authority citation in part 99 is revised to read as follows:

    Authority: Secs. 4, 301, 302, 303, and 332, 48 Stat. 1066, 1082, 
as amended; 47 U.S.C. 154, 301, 302, 303, and 332, unless otherwise 
noted.


Sec. 99.13  [Amended]

    2. Section 99.13 is removed.
    3. Section 99.101 is added to read as follows:


Sec. 99.101  Multiple ownership restrictions.

    Narrowband PCS licensees shall not have an ownership interest in 
more than three of the 26 channels listed in Sec. 99.129 in any 
geographic area. For the purpose of this restriction, a narrowband PCS 
licensee is any person or entity with an ownership interest of five or 
more percent in an entity holding a narrowband PCS license.

    4. Section 99.102 is revised to read as follows:


Sec. 99.102  Service areas.

    Narrowband PCS service areas are nationwide, regional, Major 
Trading Areas (MTAs) and Basic Trading Areas (BTAs) as defined below. 
MTAs and BTAs are based on the Rand McNally 1992 Commercial Atlas & 
Marketing Guide, 123rd Edition, at pages 38-39 (``BTA/MTA Map''). Rand 
McNally organizes the 50 States and the District of Columbia into 47 
MTAs and 487 BTAs. The BTA/MTA Map is available for public inspection 
at the Office of Engineering and Technology's Technical Information 
Center, Room 7317, 2025 M Street, NW., Washington, DC.
    (a) The nationwide service area consists of the fifty states, the 
District of Columbia, American Samoa, Guam, Northern Mariana Islands, 
Puerto Rico, and United States Virgin Islands.
    (b) The regional service areas are defined as follows:
    (1) Region 1 (Northeast): The Northeast Region consists of the 
following MTAs: Boston-Providence, Buffalo-Rochester, New York, 
Philadelphia, and Pittsburgh.
    (2) Region 2 (South): The South Region consists of the following 
MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, 
Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort 
Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and 
Washington-Baltimore; and, Puerto Rico and United States Virgin 
Islands.
    (3) Region 3 (Midwest): The Midwest Region consists of the 
following MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des 
Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. 
Paul, and Omaha.
    (4) Region 4 (Central): The Central Region consists of the 
following MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-
Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, New 
Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and 
Wichita.
    (5) Region 5 (West): The West Region consists of the following 
MTAs: Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake 
City, San Francisco-Oakland-San Jose, Seattle (including Alaska), and 
Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana 
Islands.
    (c) The MTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following exceptions and additions:
    (1) Alaska is separated from the Seattle MTA and is licensed 
separately.
    (2) Guam and the Northern Mariana Islands are licensed as a single 
MTA-like area.
    (3) Puerto Rico and the United States Virgin Islands are licensed 
as a single MTA-like area.
    (4) American Samoa is licensed as a single MTA-like area.
    (d) The BTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following additions: American Samoa, Guam, Northern Mariana 
Islands, Puerto Rico, and the United States Virgin Islands are licensed 
separately as BTA-like areas.

    5. Section 99.103 is revised to read as follows:


Sec. 99.103  Construction requirements.

    (a) Nationwide narrowband PCS licensees shall construct base 
stations that provide coverage to a composite area of 750,000 square 
kilometers or serve 37.5 percent of the U.S. population within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 1,500,000 square 
kilometers or serve 75 percent of the U.S. population within ten years 
of initial license grant date.
    (b) Regional narrowband PCS licensees shall construct base stations 
that provide coverage to a composite area of 150,000 square kilometers 
or serve 37.5 percent of the population of the service area within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 300,000 square kilometers 
or serve 75 percent of the service area population within ten years of 
initial license grant date.
    (c) MTA narrowband PCS licensees shall construct base stations that 
provide coverage to a composite area of 75,000 square kilometers or 25 
percent of the geographic area, or serve 37.5 percent of the population 
of the service area within five years of initial license grant date; 
and, shall construct base stations that provide coverage to a composite 
area of 150,000 square kilometers or 50 percent of the geographic area, 
or serve 75 percent of the population of the service area within ten 
years of initial license grant date.
    (d) BTA narrowband PCS licensees shall construct at least one base 
station and begin providing service in its BTA within one year of 
initial license grant date.
    (e) In demonstrating compliance with the above construction 
requirements, licensees must base their calculations on signal field 
strengths that ensure reliable service for the technology utilized.
    (1) For the purpose of this section, the service radius of a base 
station may be calculated using the following formula:

dkm = 2.53  x  hm0.34  x  p0.17

where dkm is the radial distance in kilometers,
hm is the antenna HAAT of the base station in meters, and
p is the e.r.p. of the base station in watts.

    (2) Alternatively, licensees may use any service radius contour 
formula developed or generally used by industry, provided that such 
formula is based on the technical characteristics of their system.
    (f) Upon meeting the five and ten year benchmarks in paragraphs 
(a), (b) and (c) of this section, licensees shall file a map and other 
supporting documentation that demonstrates compliance with the 
geographic area or population coverage requirement. BTA licensees shall 
file a statement indicating commencement of service. The filing must be 
received at the Commission on or before expiration of the relevant 
period.
    (g) If the sale of a license is approved, the new licensee is held 
to the original build-out requirement.
    (h) Failure by a licensee to meet the above construction 
requirements shall result in forfeiture of the license and 
ineligibility to regain it.

    Note: Population-based construction requirements contained in 
this section shall be based on the 1990 census.

    6. Section 99.129 is added to read as follows:


Sec. 99.129  Frequencies.

    The following frequencies are available for narrowband PCS.
    (a) Eleven frequencies are available for assignment on a nationwide 
basis as follows:
    (1) Five 50 kHz channels paired with 50 kHz channels:

Channel 1: 940.00-940.05 and 901.00-901.05 MHz;
Channel 2: 940.05-940.10 and 901.05-901.10 MHz;
Channel 3: 940.10-940.15 and 901.10-901.15 MHz;
Channel 4: 940.15-940.20 and 901.15-901.20 MHz; and,
Channel 5: 940.20-940.25 and 901.20-901.25 MHz.

    (2) Three 50 kHz channels paired with 12.5 kHz channels:

Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz;
Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and,
Channel 8: 903.50-930.55 and 901.7750-901.7875 MHZ.

    (3) Three 50 kHz unpaired channels:

Channel 9: 940.75-940.80 MHz;
Channel 10: 940.80-940.85 MHz; and,
Channel 11: 940.85-940.90 MHz.

    (b) Six frequencies are available for assignment on a regional 
basis as follows:
    (1) Two 50 kHz channels paired with 50 kHz channels:

Channel 12: 940.25-940.30 and 901.25-901.30 MHz; and,
Channel 13: 940.30-940.35 and 901.30-901.35 MHz.

    (2) Four 50 kHz channels paired with 12.5 kHz channels:

Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz;
Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz;
Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and,
Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz.

    (c) Seven frequencies are available for assignment on a MTA basis 
as follows:
    (1) Two 50 kHz channels paired with 50 kHz channels:

Channel 18: 940.35-940.40 and 901.35-901.40 MHz; and,
Channel 19: 940.40-940.45 and 901.40-901.45 MHz.

    (2) Three 50 kHz channels paired with 12.5 kHz channels:

Channel 20: 930.75-930.80 and 901.8375-901.8500 MHz;
Channel 21: 930.80-930.85 and 901.8500-901.8625 MHz; and,
Channel 22: 930.85-930.90 and 901.8625-901.8750 MHz.

    (3) Two 50 kHz unpaired channels:

Channel 23: 940.90-940.95 MHz; and,
Channel 24: 940.95-941.00 MHz.

    (d) Two 50 kHz channels paired with 12.5 kHz channels are available 
for assignment on a BTA basis:

Channel 25: 930.90-930.95 and 901.8750-901.8875 MHz; and,
Channel 26: 930.95-931.00 and 901.8875-901.9000 MHz.

    7. Section 99.130 is revised to read as follows:


Sec. 99.130  Paging response channels.

    (a) The channels listed in paragraphs (b) and (c) of this section 
are available to paging licensees licensed pursuant to parts 22 and 90 
of this chapter as of June 24, 1993, and which operate at least one 
base station within the service area for which the licensee requests 
such a channel. These channels shall be used only in paired 
communications with existing paging channels to provide mobile-to-base 
station communications. Eligible paging licensees may hold licenses for 
a maximum of two of these channels within the same geographic area. 
These licenses are not counted toward the multiple ownership 
restrictions of Sec. 99.101.
    (b) The following four 12.5 kHz unpaired channels are available for 
assignment on a MTA basis:

901.9000-901.9125 MHz;
901.9125-901.9250 MHz;
901.9250-901.9375 MHz; and,
901.9375-901.9500 MHz.

    (c) The following four 12.5 kHz unpaired channels are available for 
assignment on a BTA basis:

901.9500-901.9625 MHz;
901.9625-901.9750 MHz;
901.9750-901.9875 MHz; and,
901.9875-902.0000 MHz.

    8. Section 99.133 is amended by revising paragraph (a)(1)(ii) to 
read as follows:
Sec. 99.133  Emission limits.

    (a) * * *
    (1) * * *
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 40 kHz: at least 43+10 Log10 (P) 
decibels or 80 decibels, whichever is the lesser attenuation.
* * * * *
[FR Doc. 94-7038 Filed 3-24-94; 8:45 am]
BILLING CODE 6712-01-M