[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27558]


[[Page Unknown]]

[Federal Register: November 7, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 24

[GEN Docket No. 90-314, RM-7140, RM-7175, RM-7618; FCC 94-265]

 

New Personal Communications Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; order on reconsideration.

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SUMMARY: By this action the Commission addressed ten petitions for 
reconsideration that seek revisions to various service rules governing 
broadband Personal Communications Services (PCS). The changes adopted 
are limited to revisions in the cross-ownership restrictions, that will 
serve to expand participation in the broadband PCS spectrum auction 
scheduled to commence December 5, 1994, and to revisions of technical 
rules governing PCS radio signal transmission. The expanded auction 
participation will serve to increase the number of potential PCS 
licensees, while the latter, technical changes will enhance the 
flexibility of equipment manufacturers in designing products that 
comply with Commission regulations, and so reduce the ultimate cost of 
service to PCS consumers.

EFFECTIVE DATE: Amendments to 47 CFR 24.204, are November 7, 1994. 
Other amendments adopted in this order shall be effective December 7, 
1994.

FOR FURTHER INFORMATION CONTACT:
Stanley P. Wiggins, Common Carrier Bureau at (202) 418-1322.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Memorandum Opinion and Order in GEN Docket No. 90-314, RM-7140, RM-
7175, RM-7618, adopted October 19, 1994, and released October 19, 1994. 
By this action the Commission addresses ten petitions for 
reconsideration of Amendment of the Commission's Rules to Establish New 
Personal Communications Services, Memorandum Opinion and Order, 59 Fed. 
Reg. 32820 (June 24, 1994), erratum, GEN Docket No. 90-314, Mimeo No. 
44006 (released July 22, 1994) (hereinafter jointly ``Broadband PCS 
Reconsideration''). The petitions were filed by: the Association of 
Maximum Service Television et al; the Association of Independent 
Designated Entities (AIDE); Cellsat, Inc.; the Cellular 
Telecommunications Industry Association; Comcast Corporation; Omnipoint 
Corporation; the Personal Communications Industry Association; Point 
Communications Company; Puerto Rico Telephone Company; Spatial 
Communications, Inc. and ArrayComm, Inc. The full text of this decision 
is available for inspection and copying during normal business hours in 
the FCC Dockets Branch (Room 230), 1919 M Street, NW., Washington, DC 
20554. The full text of this decision also may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., (202) 857-3800, 2100 M Street NW., Washington, DC 20037.

Summary of Order

    By this order, the Commission amends in minor respects its 
broadband Personal Communications Services (``PCS'') regulatory 
structure to better achieve the four primary goals of this proceeding: 
competitive delivery, a diverse array of services, rapid deployment, 
and wide-area coverage. The Commission takes this action in response to 
ten petitions for reconsideration or clarification of policies and 
rules adopted in the Broadband PCS Reconsideration order. The 
Commission denies those petitions in major part because they 
principally raise issues the Commission has considered at length in 
previous orders in this Docket.
    By this action, the Commission modifies existing rules in only 
limited respects. First, the Commission permits entities with non-
controlling, attributable cellular interests to bid on ``in-market'' 30 
MHz PCS licenses, conditioned on post-auction compliance with existing 
cellular/PCS cross-ownership rules within 90 days of PCS license grant. 
Second, the Commission clarifies the requirements for isochronous 
devices operating in the 1920-1930 MHz sub-band. Third, the Commission 
clarifies its rule governing broadband PCS emission limits. Fourth, the 
Commission makes certain housekeeping amendments to the Table of 
Frequency Allocations.
    In denying the reconsideration petitions in principal part, the 
Commission: (1) Affirms existing license eligibility and ownership 
attribution rules in principal part; (2) denies without prejudice a 
proposal to require PCS licenses to share the costs of relocating 
microwave licensees from the 1850-1990 MHz PCS Band; (3) declines to 
change PCS service area definitions; (4) affirms an existing rule that 
divides Puerto Rico into two Basic Trading Areas for licensing 
purposes; (5) declines a request to interpret the meaning of 
correspondence between AIDE and Rand McNally Corporation regarding the 
latter's agreement to license the terms Metropolitan Trading Area and 
Basic Trading Area; (6) determines that the question whether to impose 
Open Network Architecture regulation on PCS licensees is outside the 
scope of this proceeding; (7) denies requests to modify the emission 
mask for licensed PCS bands and to make other changes to technical PCS 
rules; (8) determines that it is unnecessary to impose special 
technical requirements on PCS licensees in Block C in order to prevent 
their operations from interfering with adjacent Broadcast Auxiliary 
Service licensees; and (9) defers to a pending Mobile Satellite Service 
(MSS) proceeding the question whether to establish a secondary 
allocation of MSS in PCS Blocks F and C (1970-1990 MHz).

Ordering Clauses

    Accordingly, it is ordered, that the petitions for reconsideration 
addressed in this order are granted to the extent described above, and 
Denied in all other respects.
    It is further ordered, the Parts 2, 15, and 24 of the Commission's 
Rules are amended as specified below, effective 30 days after 
publication in the Federal Register, except that amendments to 47 CFR 
24.204 as specified below shall be effective immediately upon 
publication in the Federal Register. 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. Sections 154(i), 
157(a), 302, 303(c), 303(f), 303(g), and 303(r).

List of Subjects

47 CFR Part 2

    Frequency allocation and radio treaty matters; General rules and 
regulations, Radio.

47 CFR Part 15

    Communications equipment, Radio, Radio frequency devices.

47 CFR Part 24

    Communication common carriers, Personal communications services, 
Radio.

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

Final Rules

    47 CFR Parts 2, 15, and 24 are amended as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

    1. The authority citation for Part 2 continues to read as follows:

    Authority: Sec. 4, 302, 303, and 307 of this Act of 1934, as 
amended, 47 U.S.C. Sections 154, 302, 303 and 307, unless otherwise 
noted.

    2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
    a. In the 1850-1990 MHz band, revise columns 4 through 7;
    b. In the 2110-2200 MHz band, revise columns 4 through 7 to read as 
follows:


Sec. 2.106  Table of Frequency Allocations

* * * * * * *

                                                                                                                                                        
                       International table                                    United States table                         FCC use designators           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Government          Non-Government                                               
 Region 1-allocation   Region 2-allocation   Region 3-allocation --------------------------------------------     Rule part(s)           Special-use    
         MHz                   MHz                   MHz             Allocation MHz        Allocation MHz                                frequencies    
(1)                   (2).................  (3).................  (4).................  (5).................  (6).................  (7)                 
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *                                                                     
                                                                  1850-1990...........  1850-1990...........  PERSONAL                                  
                                                                                        FIXED...............   COMMUNICATIONS                           
                                                                                        MOBILE..............   SERVICES (24).                           
                                                                                                              PRIVATE OPERATIONAL-                      
                                                                                                               FIXED MICROWAVE                          
                                                                                                               (94).                                    
                                                                                                              RADIO FREQUENCY                           
                                                                                                               DEVICES (15).                            
                                                                  US331...............  US331...............                                            
                                                                      * * * * * * *                                                                     
                                                                  2110-2200...........  2110-2150...........  DOMESTIC PUBLIC       EMERGING            
                                                                                        FIXED...............   FIXED (21).           TECHNOLOGIES.      
                                                                                        MOBILE..............  PRIVATE OPERATIONAL-                      
                                                                                                               FIXED MICROWAVE                          
                                                                                                               (94)..                                   
                                                                                                              PUBLIC MOBILE (22)..                      
                                                                                        US111 US252.........                                            
                                                                                        NG 23 NG153.........                                            
                                                                                        2150-2160...........  MULTI-POINT                               
                                                                                        FIXED...............   DISTRIBUTION (21).                       
                                                                                                              PRIVATE OPERATIONAL-                      
                                                                                                               FIXED MICROWAVE                          
                                                                                                               (94).                                    
                                                                                        2160-2200...........  DOMESTIC PUBLIC       EMERGING            
                                                                                        FIXED...............   FIXED (21).           TECHNOLOGIES.      
                                                                                        MOBILE..............  PRIVATE OPERATIONAL-                      
                                                                                                               FIXED MICROWAVE                          
                                                                                                               (94).                                    
                                                                                                              PUBLIC MOBILE (22)..                      
                                                                  US111 US252.........  NG 23 NG153 ........                                            

PART 15--RADIO FREQUENCY DEVICES

    1. The authority citation for Part 15 continues to read as follows:

    Authority: Secs. 4, 302, 303, 304, and 307 of the Communications 
Act of 1934, as amended, 47 U.S.C. 154, 302, 303, 304, and 307.

    2. Section 15.323 is amended by revising paragraphs (c)(1), (c)(5), 
and (e) to read as follows:


Sec. 15.323  Specific requirements for isochronous devices operating in 
the 1920-1930 MHz sub-band.

* * * * *
    (c) * * *
    (1) Immediately prior to initiating transmission, devices must 
monitor the combined time and spectrum windows in which they intend to 
transmit for a period of at least 10 milliseconds for systems designed 
to use a 10 milliseconds or shorter frame period or at least 20 
milliseconds for systems designed to use a 20 milliseconds frame 
period.
* * * * *
    (5) If access to spectrum is not available as determined by the 
above, and a minimum of 40 duplex system access channels are defined 
for the system, the time and spectrum windows with the lowest power 
level below a monitoring threshold of 50 dB above the thermal noise 
power determined for the emission bandwidth may be accessed. A device 
utilizing the provisions of this paragraph must have monitored all 
access channels defined for its system within the last 10 seconds and 
must verify, within the 20 milliseconds (40 milliseconds for devices 
designed to use a 20 milliseconds frame period) immediately preceding 
actual channel access that the detected power of the selected time and 
spectrum windows is no higher than the previously detected value. The 
power measurement resolution for this comparsion must be accurate to 
within 6 dB. No device or group of cooperating devices located within 1 
meter of each other shall occupy more than three 1.25 MHz channels 
during any frame period. Devices in an operational state that are 
utilizing the provisions of this section are not required to use the 
search provisions of paragraph (b) of this section.
* * * * *
    (e) The frame period (a set of consecutive time slots in which the 
position of each time slot can be identified by reference to a 
synchronizing source) of an intentional radiator operating in these 
sub-bands shall be 20 milliseconds or 20 milliseconds/X where X is a 
positive whole number. Each device that implements time division for 
the purposes of maintaining a duplex connection on a given frequency 
carrier shall maintain a frame repetition rate with a frequency 
stability of at least 50 parts per million (ppm). Each device which 
further divides access in time in order to support multiple 
communication links on a given frequency carrier shall maintain a frame 
repetition rate with a frequency stability of at least 10 ppm. The 
jitter (time-related, abrupt, spurious variations in the duration of 
the frame interval) introduced at the two ends of such a communication 
link shall not exceed 25 microseconds for any two consecutive 
transmissions. Transmissions shall be continuous in every time and 
spectrum window during the frame period defined for the device.
* * * * *

PART 24--PERSONAL COMMUNICATIONS SERVICES

    1. The authority citation for Part 24 continues to read as follows:

    Authority: 47 U.S.C. Sections 154, 301, 302, 303, and 332, 
unless otherwise noted.

    2. Section 24.204 is amended by revising the introductory text of 
paragraph (f), and by adding a new sentence at the end of paragraph 
(f)(3)(i), to read as follows:


Sec. 24.204  Cellular eligibility.

* * * * *
    (f) Cellular Divestiture. Parties holding controlling or 
attributable ownership interests in cellular licenses may be a party to 
a broadband PCS application (i.e., have a controlling or attributable 
interest in a broadband PCS applicant), and such PCS applicant will be 
eligible for more than one 10 MHz broadband PCS license and/or MHz PCS 
license(s) pursuant to the divestiture procedures set forth in 
paragraphs (f) (1) through (3) of this section; Provided, however, that 
these divestiture procedures shall be available only to: parties with 
controlling or attributable ownership interests in cellular licenses 
where the CGSA(s) covers 20 percent or less of the PCS service area 
population; and parties with non-controlling attributable interests in 
cellular licenses, regardless of the degree to which the CGSA(s) covers 
the PCS service area population. For purposes of this paragraph, a 
``non-controlling attributable interest'' is one in which the holder 
has less than a fifty (50) percent voting interest and there is an 
unaffiliated single holder of a fifty (50) percent or greater voting 
interest.
* * * * *
    (3) * * *
    (i) * * * The trustee must divest the property within six months 
from grant of license.
* * * * *
    3. Section 24.238 is revised to read as follows:


Sec. 24.238  Emission limits.

    (a) On any frequency outside a licensee's frequency block, the 
power of any emission shall be attenuated below the transmitter power 
(P) by at least 43 + 10 log (P) dB.
    (b) Compliance with these provisions is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 MHz 
or greater. However, in the 1 MHz bands immediately outside and 
adjacent to the frequency block a resolution bandwidth of at least one 
percent of the emission bandwidth of the fundamental emission of the 
transmitter may be employed. The emission bandwidth is defined as the 
width of the signal between two points, one below the carrier center 
frequency and one above the carrier center frequency, outside of which 
all emissions are attenuated at least 26 dB below the transmitter 
power.
    (c) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the licensee's frequency block 
edges, both upper and lower, as the design permits.
    (d) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power.
    (e) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.

[FR Doc. 94-27558 Filed 11-4-94; 8:45 am]
BILLING CODE 6712-01-M