[Federal Register Volume 59, Number 79 (Monday, April 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9836]


[[Page Unknown]]

[Federal Register: April 25, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 21, 22, and 94

[ET Docket No. 92-9; FCC 94-60]

 

Redevelopment of Spectrum To Encourage Innovation in the Use of 
New Telecommunications Technologies

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By this Memorandum Opinion and Order (MO&O) the Commission 
refines and clarifies the rules and policies adopted to make spectrum 
available for emerging telecommunications technologies. The MO&O adopts 
rules to complete a regulatory framework for relocating fixed microwave 
operations where necessary to implement services using emerging 
technologies in the 2 GHz bands. This action is necessary to provide 2 
GHz spectrum for future wireless communications services while 
preventing disruption to incumbent 2 GHz fixed microwave licensees. 
This action facilitates future authorizations of a broad range of new 
wireless communications services that employ emerging technologies.

EFFECTIVE DATE: May 25, 1994.

FOR FURTHER INFORMATION CONTACT:
Fred Lee Thomas, Office of Engineering and Technology, (202) 653-6204.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order adopted March 8, 1994, and released March 
31, 1994. A summary of the Second Report and Order (Second R&O) and 
Third Report and Order (Third (R&O) that were reconsidered in the MO&O 
may be found at 58 FR 49220 (September 22, 1993) and 58 FR 46547 
(September 2, 1993), respectively. This action will not add to or 
decrease the public reporting burden. The full text of this Commission 
decision is available for inspection and copying during regular 
business hours in the FCC Reference Center (room 239), 1919 M Street 
NW., Washington, DC. The complete text of this decision also may be 
purchased from the Commission's duplication contractor, International 
Transcription Service, (202) 857-3800, 2100 M Street NW., Washington, 
DC 20037.

Summary of Memorandum Opinion and Order

    1. The MO&O effects changes to the rules to further the 
Commission's goals of providing for the fair and equitable sharing of 2 
GHz spectrum by new services and the existing fixed microwave services 
that currently use these frequencies, and for the relocation of 
existing 2 GHz facilities to other spectrum where necessary. The rules 
provide licensees of services using emerging technologies with access 
to 2 GHz frequencies in a reasonable timeframe, while at the same time 
preventing disruption to existing 2 GHz operations and minimizing the 
economic impact on the existing licensees.
    2. The MO&O responds to twelve petitions for reconsideration or 
clarification that address a variety of issues related to Commission 
decisions in the Second R&O and Third R&O. The modifications and 
clarifications adopted conclude the Commission's actions to allocate 
spectrum that can be used for emerging technologies. Such new 
technologies are expected to contribute to the development of the 
national information infrastructure and serve the need for ubiquitous 
wireless access to voice and data communications, thus providing new 
services to the public, creating new jobs, and fostering effective 
competition in the global market.
    3. In the Second R&O, the Commission adopted minimum digital data 
rates for each channel bandwidth of the higher fixed microwave bands 
made available for relocation of incumbents to ensure efficient use of 
these bands. The Commission adopted a 3.5-year transition period ending 
June 1, 1997, after which all new equipment for these bands must meet 
the specified date rates. Further, to minimize the use of equipment 
that does not meet the new efficiency standards, the Commission 
prohibited the manufacture or importation of such equipment after July 
15, 1994.
    4. In the MO&O the Commission states that it is persuaded by the 
petitions for reconsideration that the July 15, 1994 deadline may 
unduly burden those manufacturers that recently have developed products 
that comply with the old rules, particularly if the manufacturer 
maintains a low or ``zero'' inventory. Therefore, the Commission 
concludes that the deadline should be extended two years, to July 15, 
1996. Changing the deadline will provide manufacturers flexibility in 
discontinuing product lines that do not meet the new standard but will 
maintain the Commission's goal to change to more spectrum-efficient 
equipment within a reasonable time period. The Commission leaves the 
3.5-year transition period unchanged because it believes that this 
period is reasonable. Therefore, the Commission will continue to 
require that all equipment applied for, authorized, and placed in 
service after June 1, 1997, meet the efficiency requirements adopted in 
the Second R&O.
    5. In the Second R&O, the Commission reallocated five bands above 3 
GHz to the private operational and common carrier fixed microwave 
services on a co-primary basis and adopted specific channelization 
plans for each band. The Commission also adopted changes in parts 21 
and 94 of its rules that allowed variances to the channeling plans. 
Specifically, the Commission stated that ``Fixed systems licensed, in 
operation, or applied for in the 6525-6875 and 10,550-10,680 MHz bands 
prior to July 15, 1993 are permitted to use channel plans in effect 
prior to that date, including adding channels under those plans.''
    6. The Commission believes that using the adopted frequency 
pairings will facilitate efficient use of the spectrum. However, the 
Commission recognizes that there will be locations, especially in 
congested areas, where new links cannot be coordinated if the new 
frequency pairings are used but which could be coordinated if a 
frequency pair inconsistent with the new rules could be used. 
Therefore, the Commission will consider on a case-by-case basis 
authorizing frequency pairings inconsistent with the rules upon a 
significant showing that the adopted frequency pairing plan would 
preclude the requested link. Additionally, the Commission has included 
language in Sec. 21.701(m) similar to Sec. 94.15(d) to provide for 
these unique situations. Further, as already provided in the rules, 
systems existing in the subject bands prior to July 15, 1993 may modify 
existing links and add new links under the old frequency pairing plans. 
However, the Commission encourages use of the new frequency plan 
wherever possible because its use generally will provide for the most 
efficient use of the spectrum.
    7. In the Second R&O, the Commission concluded that the existing 20 
MHz channeling plan for the 3.7-4.2 GHz band should not be modified. 
This decision was made to protect existing satellite operations that 
share this band with the point-to-point fixed microwave service. The 
Commission authorized private fixed microwave licensees in addition to 
common carrier licensees to use the band under the existing channeling 
plan. However, the channeling plan published in the Second R&O 
inadvertently reflected a 280 MHz separation between transmit and 
receive frequencies. In the MO&O, therefore, the Commission is 
correcting the channeling plan to reflect the original 20 MHz 
separation between transmit and receive frequencies.
    8. The Second R&O did not designate the 6425-6525 MHz band, 
currently allocated to the fixed service and used for common carrier 
Local Television Transmission Service (LTTS), for point-to-point fixed 
service to accommodate incumbent 2 GHz fixed microwave users that would 
be required to relocate. In its petition, Western Tele-Communications, 
Inc. (WTCI) requested that the Commission issue a Further Notice of 
Proposed Rule Making to allocate the 6425-6525 MHz band for general 
common carrier use.
    9. The Commission believes that the LTTS provides a useful service 
and that sharing this band with fixed microwave operations would 
significantly restrict the usefulness of this band for LTTS operations. 
Further, the Commission believes that the five bands it has provided in 
this proceeding will accommodate both incumbent fixed microwave 
operations that must be relocated from the 2 GHz bands and future fixed 
microwave growth. Consequently, the Commission will not initiate a 
Further Notice of Proposed Rule Making proposing to reallocate this 
band for general common carrier use.
    10. In its petition for reconsideration, Comsearch requested the 
Commission to reconsider the maximum power authorized in the 4, 10, and 
11 GHz bands and the antenna standards for the 6 GHz band. WTCI 
requested that the Commission reconsider the ATPC rules and allow for 
up to a 10 decibel (dB) increase in power, instead of the 3 dB adopted.
    11. The Commission agrees with the petitioners that the technical 
rules governing fixed microwave operations in these bands should be 
reviewed and updated to reflect advances in technology as well as 
recent changes in our regulatory structure. However, it believes these 
issues are best addressed in a proceeding dedicated to that purpose 
rather than being addressed in piecemeal fashion in this and other 
proceedings. Therefore, the Commission is deferring consideration of 
technical issues regarding maximum authorized power, antenna standards, 
and ATPC to a future proceeding.
    12. In the First R&O, the Commission exempted licensees of 
incumbent public safety facilities from involuntary relocation. In the 
Third R&O, it clarified the definition of public safety. The 
Commission's purpose in each decision was to ensure that essential 
safety of life and property communications services are not disrupted 
or otherwise disadvantaged.
    13. The Commission concludes on its own motion that it would be in 
the public interest to subject all incumbent facilities, including 
public safety, to mandatory relocation if an emerging technology 
provider requires the spectrum. Of particular concern is providing 
adequate spectrum for operation of new licensed PCS services in major 
urban areas where there are a large number of incumbent public safety 
fixed microwave facilities and operation of unlicensed PCS devices. It 
has been recognized by incumbent fixed microwave and PCS interests 
alike that it will not be possible for PCS and fixed microwave to 
operate in the same geographic area on the same frequency without 
interfering with each other. Upon review, and after considering these 
additional comments, the Commission is now convinced that PCS service 
may be precluded or severely limited in some areas unless public safety 
licensees relocate. Allowing all public safety facilities to remain in 
the band indefinitely would defeat the Commission's primary goal of 
providing usable spectrum for the implementation of emerging 
technologies.
    14. The Commission believes that certain public safety entities 
warrant special consideration because previously they have been 
excluded from involuntary relocation and because of the sensitive 
nature of their communications. Therefore, it is adopting for the 
public safety entities previously exempted from mandatory relocation a 
relocation plan consisting of a four year voluntary negotiation period 
followed by a one-year mandatory negotiation period. This policy, 
summarized below, will not disadvantage incumbent public safety 
operations required to relocate.

--All relocation costs will be paid entirely by the emerging technology 
licensee. These costs included all engineering, equipment, and site 
costs and FCC fees, as well as any reasonable additional costs.
--Relocation facilities must be fully comparable to those being 
replaced.
--All activities necessary for placing the new facilities into 
operation including engineering and frequency coordination must be 
completed before relocation, including engineering and frequency 
coordination.
--The new communications system must be fully built and tested before 
the relocation itself commences.
--Should the new facilities in practice prove not to be equivalent in 
every respect, within one year the public safety operation may relocate 
back to its original facilities and stay there until complete 
equivalency (or better) is attained.

    15. In the Third R&O, the Commission clarified the definition of 
public safety licensees operating 2 GHz facilities that would receive 
special treatment in the relocation process. The facilities within this 
exception were defined as those part 94 facilities licensed on a 
primary basis under Sec. 90.19 Police Radio Service; Sec. 90.21 Fire 
Radio Service; Sec. 90.27 Emergency Medical Radio Service; and subpart 
C of part 90, Special Emergency Radio Services; and on which a majority 
of communications are used for police, fire, or emergency medical 
services operations involving safety of life and property. 
Additionally, licensees of other part 94 facilities licensed on a 
primary basis under the eligibility requirements of part 90, subparts B 
and C, may request similar special treatment upon demonstrating that 
the majority of the communications carried on those facilities are used 
for operations involving safety of life and property. The Commission's 
purpose in providing special treatment in the relocation process to 
some licensees was to ensure that essential safety of life and property 
communications services are not disrupted.
    16. The Commission continues to believe that special treatment in 
the relocation process should be reserved for only those facilities as 
defined above. Special treatment in the relocation process for 
facilities that provide only limited communications for safety of life 
and property would negatively impact implementation of services 
employing new technologies. Accordingly, the Commission will maintain 
its definition of public safety facilities subject to the extended 
relocation period addressed above.
    17. In the Third R&O, the Commission authorized the grant of tax 
certificates for any sale or exchange of property made in connection 
with voluntary agreements to relocate fixed microwave facilities during 
the designated two-year period for voluntary negotiations between 
incumbents and emerging technology providers. This policy was 
authorized to further the Commission's policy of encouraging voluntary 
agreements to relocate fixed microwave facilities during the initial 
two-year period. However, the Commission agrees with commenters that 
tax certificates should be used to facilitate incumbent relocation from 
the band designated for unlicensed PCS devices and in geographic areas 
that are not developed by emerging technologies within the two-year 
voluntary negotiation period. Accordingly, the Commission is modifying 
its policy to authorize the grant of tax certificates to incumbent 
fixed microwave operators that negotiate voluntary agreements during 
either the voluntary or mandatory negotiation period. The Commission 
will not grant tax certificates to incumbents forced to relocate or 
that reach agreements after the mandatory negotiation period.
    18. In the Third R&O, the Commission adopted a policy of generally 
not permitting incumbent microwave operations to relocate within the 2 
GHz band. While such relocation could be accomplished in many cases by 
making modifications to the incumbents' existing equipment, such as 
retuning it to another nearby frequency, the Commission concluded that 
allowing relocation within the band for other fixed microwave 
facilities would not be in the public interest because in most cases 
the incumbent licensee eventually would be required to move to another 
band. Any such intervening relocation would increase the overall cost 
of relocating the incumbent fixed microwave facilities; increase the 
cost to licensed emerging technology providers by increasing the number 
of fixed microwave facilities that they may have to pay to relocate; 
and burden incumbents with two relocations instead of one. However, 
recognizing the need of public safety licensees not to disrupt 
essential safety of life and property communication services, the 
Commission authorized relocation within the 2 GHz band for incumbent 
public safety facilities upon an adequate showing that such a 
relocation would not adversely affect the operations of the public 
safety incumbent, or any other fixed microwave incumbent or emerging 
technology/PCS licensee.
    19. The Commission's primary goals in this proceeding are to 
provide usable spectrum for emerging technologies in a timely manner 
and to provide for recommodation of incumbent operations when necessary 
with a minimum of disruption to those operations. The Commission 
believes that it is possible for some degree of sharing to exist 
between emerging technologies and fixed microwave operations in these 
bands, particularly as emerging technologies are developing. However, 
the Commission believe that in the long term these bands will be 
required primarily for emerging technologies, particularly in urban 
areas. Therefore, it is inconsistent with the Commission's goals, as a 
general policy, to encourage new or relocated fixed microwave use of 
these bands. Specifically, the Commission believes that returning in 
general will be detrimental to its goals, because most retuned fixed 
microwave facilities ultimately would be required to move to another 
band. Further, in cases where the current equipment is incapable of 
being retuned, it would be necessary to purchase new equipment, which 
would result in little saving of time or money in the relocation 
process.
    20. The Commission now believes, however, that some retuning may be 
practical, particularly in rural areas where all of the spectrum 
allocated for emerging technologies may not be needed. It believes that 
allowing such retuning would facilitate the clearing of spectrum in 
these cases and that such clearing may lead to quicker implementation 
of PCS services in these bands. Therefore, the Commission will allow 
relocation within the 2 GHz band where all interested parties agree to 
the retuning of the incumbent's facilities. ``All interested parties'' 
includes the incumbent licensee, the emerging technology provider or 
representative requesting and paying for the relocation, and any 
emerging technology licensee of the spectrum to which the incumbent's 
facilities are to be retuned.
    21. The Commission is prohibiting any retuning to emerging 
technology spectrum that is not yet allocated to a specific new 
service, specifically, the 1970-1990, 2110-2130, and 2160-2180 MHz 
bands. It is also not adopting a specific date for the relocation of 
all incumbent facilities from the band designated for unlicensed PCS 
devices, as requested by Apple Computer. The Commission believes that 
the relocation framework adopted in this proceeding is sufficient to 
allow for a timely relocation of the incumbent facilities from the 
unlicensed band. However, if it becomes apparent that additional 
measures are required by the Commission to facilitate the 
implementation of unlicensed PCS, this decision may be reconsidered at 
that time.
    22. In the Third R&O, the Commission stated that a fixed two-year 
period for voluntary negotiations will commence with its acceptance of 
applications for emerging technology services, and a one-year mandatory 
negotiation period for unlicensed spectrum will commence when an 
unlicensed equipment supplier or representative initiates a written 
request for negotiation with a specific licensee. The transition 
framework adopted in this proceeding attempts to balance the need to 
provide usable spectrum for emerging technologies as quickly as 
possible against causing disruption to the incumbent operations. We 
believe the two-tier negotiation process provides incumbents with 
adequate protection in the relocation process, even in rural areas 
where spectrum may not be required immediately for emerging 
technologies. Therefore, the Commission continues to believe that in 
order to facilitate the implementation of PCS in a timely manner, the 
two-year voluntary negotiation period should begin in all areas upon 
the receipt of applications for the emerging technology service. 
However, to avoid ambiguity as to the exact date on which the voluntary 
negotiation period will begin, the Commission will issue a public 
notice specifying this date. The Commission also notes that this period 
is for voluntary negotiations; and, therefore, that incumbents are not 
required to negotiate until licensees have been designated, if they so 
choose.
    23. With regard to Apple's request to clarify which negotiation 
period is applicable when it is necessary for a PCS licensee or 
representative of the unlicensed devices to negotiate with a fixed 
microwave licensee whose operations are in spectrum adjacent to that of 
the PCS provider, the Commission concludes that the transition schedule 
of the entity requesting the move will apply. For example, if a 
representative for unlicensed devices needs to relocate a fixed 
facility that is operating in spectrum allocated for licensed PCS, the 
transition schedule for spectrum allocated for unlicensed devices (one-
year mandatory) will apply.
    24. In the Third R&O, the Commission stated that its staff is 
working with the National Telecommunications and Information 
Administration (NTIA) to establish procedures to accommodate in the 
adjacent government fixed service band at 1710-1850 MHz those non-
government 2 GHz fixed microwave facilities that technically cannot be 
accommodated in higher bands. The Commission noted that NTIA has agreed 
to provided limited, condition access to government spectrum on a case-
by-case basis.
    25. The Commission's staff is continuing to work with NTIA to make 
government spectrum available for relocation of existing 2 GHz 
operations. Further, the Commission believes NTIA will make a good 
faith effort to accommodate as many as possible of the links 
recommended for relocation by the Commission. The Commission will 
request that special consideration be given to reaccommodating links 
that are technically difficult to accommodate elsewhere, including 
those that operate in bands allocated for unlicensed services, those of 
public safety services, and those that require long paths.
    26. AMSC Subsidiary Corporation (AMSC) requested that the 
relocation rules adopted in this proceeding not apply to the 1970-1990 
and 2160-2180 MHz bands. AMSC stated that these bands were allocated 
internationally at the 1992 World Administrative Radio Conference to 
the mobile satellite service (MSS) and plans to petition to have them 
allocated to MSS domestically in the near future. AMSC argued that the 
relocation rules adopted in this proceeding were developed for local 
markets and terrestrial technologies and that they may not be feasible 
for MSS, which operates nationwide or, in some cases, worldwide.
    27. This proceeding establishes relocation rules for the emerging 
technologies bands and does not address what types of services should 
be authorized in these bands. Other rule making proceedings, such as 2 
GHz PCS, address specific services. Thus, AMSC's request is beyond the 
scope of this proceeding and therefore is not being adopted, but may be 
considered in a later proceeding that addresses MSS.
    28. Ordering clauses. Accordingly, it is ordered, That the 
petitions for clarification or reconsideration filed to the Second R&O 
by Comsearch, Digital Microwave Corporation, and Western Tele-
Communications, Inc. and the petitions for clarification or 
reconsideration filed to the Third R&O) by the American Association of 
State Highway and Transportation Officials Special Committee on 
Communications, Public Safety Communications Council, Public Safety 
Microwave Committee, Forestry-Conservation Communications Association, 
Association of American Railroads, Unlicensed PCS Ad Hoc Committee for 
2 GHz Microwave Transition and Management, Utilities Telecommunications 
Council, Apple Computer, and AMSC Subsidiary Corporation are granted to 
the degree stated above and are denied in all other respects.
    29. Further, it is ordered, That parts 21, 22, and 94 of the 
Commission's Rules and Regulations are amended as specified below 
effective 30 days after publication in the Federal Register. This 
action is taken pursuant to sections 4(i), 7(a), 303(c), 303(g), and 
303(r), of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 157(a), 303(c), 303(g), and 303(r).
    30. It is further ordered, That this proceeding is terminated.

List of Subjects

47 CFR Part 21

    Radio.

47 CFR Part 22

    Radio.

47 CFR Part 94

    Radio.

Amendatory Text

    I. Parts 21, 22, and 94 of title 47 of the Code of Federal 
Regulations are amended as follows:

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

    1. The authority citation in part 21 continues to read:

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
314, 403, 404, 410, 602; 48 Stat. as amended, 1064, 1066, 1070-1073, 
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 
U.S.C. 552.

    2. Section 21.50 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 21.50  Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from 
Domestic Public Fixed Radio Services to emerging technologies.

    (a) Licensees proposing to implement services using emerging 
technologies (ET Licensees) may negotiate with Domestic Public Fixed 
Radio Service licensees (Existing Licensees) in these bands for the 
purpose of agreeing to terms under which the Existing Licensees would 
relocate their operations to other fixed microwave bands or to other 
media, or alternatively, would accept a sharing arrangement with the ET 
Licensee that may result in an otherwise impermissible level of 
interference to the existing licensee's operations. ET Licensees may 
also negotiate agreements for relocation of the Existing Licensees' 
facilities within the 2 GHz band in which all interested parties agree 
to the relocation of the Existing Licensee's facilities elsewhere 
within these bands. ``All interested parties'' includes the incumbent 
licensee, the emerging technology provider or representative requesting 
and paying for the relocation, and any emerging technology licensee of 
the spectrum to which the incumbent's facilities are to be relocated.
    (b) Domestic Public Fixed Radio licensees in bands allocated for 
licensed emerging technology services will maintain primary status in 
these bands until two years after the Commission commences acceptance 
of applications for an emerging technology services, and until one year 
after an emerging technology service licensee initiates negotiations 
for relocation of the fixed microwave licensee's operations or, in 
bands allocated for unlicensed emerging technology services, until one 
year after an emerging technology unlicensed equipment supplier or 
representative initiates negotiations for relocation of the fixed 
microwave licensee's operations. When it is necessary for an emerging 
technology provider or representative of unlicensed device 
manufacturers to negotiate with a fixed microwave licensee with 
operations in spectrum adjacent to that of the emerging technology 
provider, the transition schedule of the entity requesting the move 
will apply.
* * * * *
    3. Section 21.120 is amended by revising paragraph (e) to read as 
follows:


Sec. 21.120  Authorization of transmitters.

* * * * *
    (e) After July 15, 1996, the manufacture (except for export) or 
importation of equipment employing digital modulation techniques in the 
3700-4200, 5925-6425, 6525-6875, 10,550-10,680, and 10,700-11,700 MHz 
bands must meet the minimum payload capacity requirements of 
Sec. 21.122(a)(3).
    4. Section 21.701 is amended by revising paragraph (d) and adding 
paragraph (m) to read as follows:


Sec. 21.701  Frequencies.

* * * * *
    (d) 3,700 to 4,200 MHz. 20 MHz maximum authorized bandwidth. 20 MHz 
bandwidth channels:

------------------------------------------------------------------------
                                                               Receive  
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)   
------------------------------------------------------------------------
3710.......................................................         3750
3730.......................................................         3770
3790.......................................................         3830
3810.......................................................         3850
3870.......................................................         3910
3890.......................................................         3930
3950.......................................................         3990
3970.......................................................         4010
4030.......................................................         4070
4050.......................................................         4090
4110.......................................................         4150
4130.......................................................         4170
n/a........................................................      \1\4190
------------------------------------------------------------------------
\1\This frequency may be assigned for unpaired use.                     

* * * * *
    (m) In the 3700-4200, 5925-6425, 6525-6875, 10,550-10,680, and 
10,700-11,700 MHz bands point-to-point operations on other than the 
listed frequencies may be authorized where it is shown that the 
objectives or requirements of the interference criteria prescribed in 
Sec. 94.63 of this chapter could not otherwise be met to resolve the 
interference problems.

PART 22--PUBLIC MOBILE SERVICE

    1. The authority citation for part 22 continues to read as follows:

    Authority: 47 U.S.C. 154,, 303, unless otherwise noted and 307, 
unless otherwise noted.

    2. Section 22.50 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 22.50  Transition of the 2.11-2.13 and 2.16-2.18 GHz bands from 
Public Mobil Service to emerging technologies.

    (a) Licensees proposing to implement services using emerging 
technologies (ET Licensees) may negotiate with Public Mobile Service 
licensees (Existing Licensees) in these bands for the purpose of 
agreeing to terms under which the Existing Licensees would relocate 
their operations to other fixed microwave bands or to other media, or 
alternatively, would accept a sharing arrangement with the ET Licensee 
that may result in an otherwise impermissible level of interference to 
the existing licensee's operations. ET Licensees may also negotiate 
agreements for relocation of the Existing Licensees' facilities within 
the 2 GHz band in which all interested parties agree to the relocation 
of the Existing Licensee's facilities elsewhere within these bands. 
``All interested parties'' includes the incumbent licensee, the 
emerging technology provider or representative requesting and paying 
for the relocation, and any emerging technology licensee of the 
spectrum to which the incumbent's facilities are to be relocated.
    (b) Public Mobile Service licensees in bands allocated for licensed 
emerging technology services will maintain primary status in these 
bands until two years after the Commission commences acceptance of 
applications for an emerging technology service, and until one year 
after an emerging technology service licensee initiates negotiations 
for relocation of the fixed microwave licensee's operations or, in 
bands allocated for unlicensed emerging technology services, until one 
year after an emerging technology unlicensed equipment supplier or 
representative initiates negotiations for relocation of the fixed 
microwave licensee's operations. When it is necessary for an emerging 
technology provider or representative of unlicensed device 
manufacturers to negotiate with a fixed microwave licensee with 
operations in spectrum adjacent to that of the emerging technology 
provider, the transition schedule of the entity requesting the move 
will apply.
* * * * *

PART 94--PRIVATE OPERATIONAL-FIXED MICROWAVE SERVICE

    1. The authority citation in part 94 continues to read:

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

    2. Section 94.59 is amended by revising paragraphs (a), (b), and 
(f) and removing the undesignated text following paragraph (f) to read 
as follows:


Sec. 94.59  Transition of the 1.85-1.99, 2.13-2.15, and 2.18-2.20 GHz 
bands from Private Operational-Fixed Microwave Service to emerging 
technologies.

    (a) Licensees proposing to implement services using emerging 
technologies (ET Licensees) may negotiate with Private Operational-
Fixed Microwave Service licensees (Existing Licensees) in these bands 
for the purpose of agreeing to terms under which the Existing Licensees 
would relocate their operations to other fixed microwave bands or to 
other media, or alternatively, would accept a sharing arrangement with 
the ET Licensee that may result in an otherwise impermissible level of 
interference to the existing licensee's operations. ET Licensees may 
also negotiate agreements for relocation of the Existing Licensees' 
facilities within the 2 GHz band in which all interested parties agree 
to the relocation of the Existing Licensee's facilities elsewhere 
within these bands. ``All interested parties'' includes the incumbent 
licensee, the emerging technology provider or representative requesting 
and paying for the relocation, and any emerging technology licensee of 
the spectrum to which the incumbent's facilities are to be relocated.
    (b) Private Operational-Fixed Microwave Service licensees, with the 
exception of public safety facilities defined in paragraph (f) of this 
section, in bands allocated for licensed emerging technology services 
will maintain primary status in these bands until two years after the 
Commission commences acceptance of applications for an emerging 
technology service (two-year voluntary negotiation period), and until 
one year after an emerging technology service licensee initiates 
negotiations for relocation of the fixed microwave licensee's 
operations (one-year mandatory negotiation period) or, in bands 
allocated for unlicensed emerging technology services, until one year 
after an emerging technology unlicensed equipment supplier or 
representative initiates negotiations for relocation of the fixed 
microwave licensee's operations (one-year mandatory negotiation 
period). When it is necessary for an emerging technology provider or 
representative of unlicensed device manufacturers to negotiate with a 
fixed microwave licensee with operations in spectrum adjacent to that 
of the emerging technology provider, the transition schedule of the 
entity requesting the move will apply. Public safety facilities defined 
in paragraph (f) of this section will maintain primary status in these 
bands until four years after the Commission commences acceptance of 
applications for an emerging technology service (four-year voluntary 
negotiation period), and until one year after an emerging technology 
service licensee or an emerging technology unlicensed equipment 
supplier or representative initiates negotiations for relocation of the 
fixed microwave licensee's operations (one-year mandatory negotiation 
period).
* * * * *
    (f) Public safety facilities subject to the four-year voluntary and 
one-year mandatory negotiation periods, are those that the majority of 
communications carried are used for police, fire, or emergency medical 
services operations involving safety of life and property. The 
facilities within this exception are those part 94 of this chapter 
facilities currently licensed on a primary basis pursuant to the 
eligibility requirements of Sec. 90.19 of this chapter, Police Radio 
Service; Sec. 90.21 of this chapter, Fire Radio Service; Sec. 90.27 of 
this chapter, Emergency Medical Radio Service; and subpart C of part 90 
of this chapter, Special Emergency Radio Services. Licensees of other 
part 94 facilities licensed on a primary basis under the eligibility 
requirements of part 90, subparts B and C of this chapter, are 
permitted to request similar treatment upon demonstrating that the 
majority of the communications carried on those facilities are used for 
operations involving safety of life and property.
    3. Section 94.65 is amended by revising paragraph (g) to read as 
follows:


Sec. 94.65  Frequencies.

* * * * *
    (g) 3,700 to 4,200 MHz. 20 MHz maximum authorized bandwidth. 20 MHz 
bandwidth channels:

------------------------------------------------------------------------
                                                               Receive  
                 Transmit (receive) (MHz)                     (transmit)
                                                                (MHz)   
------------------------------------------------------------------------
3710.......................................................         3750
3730.......................................................         3770
3790.......................................................         3830
3810.......................................................         3850
3870.......................................................         3910
3890.......................................................         3930
3950.......................................................         3990
3970.......................................................         4010
4030.......................................................         4070
4050.......................................................         4090
4110.......................................................         4150
4130.......................................................         4170
n/a........................................................      \1\4190
------------------------------------------------------------------------
\1\This frequency may be assigned for unpaired use.                     

* * * * *
    4. Section 94.81 is amended by revising paragraph (c) to read as 
follows:


Sec. 94.81  Authorization of microwave equipment.

* * * * *
    (c) After July 15, 1996, the manufacture (except for export) or 
importation of equipment employing digital modulation techniques in the 
3700-4200, 5925-6425, 6525-6875, 10,550-10,680, and 10,770-11,700 MHz 
bands must meet the minimum payload capacity requirements of 
Sec. 21.122(a)(3) of this chapter.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-9836 Filed 4-22-94; 8:45 am]
BILLING CODE 6712-01-M