[Federal Register Volume 59, Number 221 (Thursday, November 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28392]


[[Page Unknown]]

[Federal Register: November 17, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 94-32; FCC No. 94-272]

 

Spectrum Below 5 GHz Transferred From Federal Government Use

AGENCY: Federal Communications Commission.

ACTION: Notice of Proposed Rule Making.

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SUMMARY: This Notice proposes allocations for 50 megahertz of spectrum 
that is being transferred from Federal Government use to private sector 
use. This action is necessary to comply with provisions of the Omnibus 
Budget Reconciliation Act of 1993 (Reconciliation Act) that require the 
Commission to allocate, and propose regulations to assign, this 
spectrum within 18 months of adoption of the Reconciliation Act. Our 
goal in this proceeding is to ensure that spectrum reallocated for 
private sector is put to its highest and most valued use and that the 
greatest benefit to the public is attained.

DATES: Comments must be filed on or before December 19, 1994, and reply 
comments must be filed on or before January 3, 1995.

ADDRESSES: Federal Communications Commission, 1919 M St., NW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
Steve Sharkey, Office of Engineering and Technology, (202) 653-8151.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, PR Docket No. 94-32, FCC No. 94-272, Adopted 
October 20, 1994, and released November 8, 1994. The full text of this 
Notice of Proposed Rule Making is available for inspection during 
normal business hours in the Records Room of the Federal Communications 
Commission, Room 239, 1919 M St., NW., Washington, DC. The complete 
text may be purchased from the Commission's copy contractor, ITS, Inc., 
2100 M St., SW., Suite 140, Washington, DC, 20037, telephone (202) 857-
3800.

Summary of Notice of Proposed Rule Making (NPRM).

    1. The purpose of this NPRM is to propose allocations for 50 
megahertz of spectrum that is being transferred from Federal Government 
to private sector use as required by the Omnibus Budget Reconciliation 
Act of 1993, Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 
103-66, Title VI, Section 6001(a)(3), 107 Stat. 312 (approved August 
10, 1993) (Reconciliation Act).
    2. In compliance with the provision of the Reconciliation Act, the 
Department of Commerce released a report on February 10, 1994, which 
made a preliminary identification of 200 megahertz of spectrum for 
reallocation from Federal Government to private sector use, including 
50 megahertz at 2390-2400 MHz, 2402-2417 MHz, and 4660-4685 MHz 
identified for immediate availability. The Reconciliation Act requires 
that, by February 10, 1995, the Commission allocate, and propose 
regulations to assign, the 50 megahertz of spectrum that is immediately 
available. On May 4, 1994 we released a Notice of Inquiry, 59 FR 25589 
(5/17/94), in this proceeding to seek information on potential uses for 
the spectrum that is immediately available.
    3. The instant NPRM proposes that all 50 megahertz of immediately 
available spectrum be allocated generally for Fixed and Mobile 
services. Such a broad and general allocation will allow for flexible 
use of the spectrum and should ensure that the spectrum is put to its 
best and most valued use. We also believe that most of the services 
that will be provided in this spectrum will likely meet the statutory 
criteria for auction and therefore propose that licenses for this 
spectrum be made available through competitive bidding.
    4. We wish to create a competitive market structure that will 
provide incentives to develop and introduce innovative service features 
and technologies. Comments are requested on a licensing structure that 
will achieve such a result, including channel block size and geographic 
licensing areas. We also propose that technical flexibility in the 
provision of services be permitted and request comment on specific 
technical requirements necessary to maximize flexibility while ensuring 
against interference.
    5. As an alternative to allocating this spectrum generally for 
Fixed and Mobile service, we request comment on the possible allocation 
of these bands for specific communications services. A number of 
suggestions were put forth by various commenters responding to the 
Notice of Inquiry in this proceeding. These include an aeronautical 
audio/visual service to provide real time information and entertainment 
aboard aircraft, wireless local loop service, broadcast auxiliary 
services to support advanced television, low-power communications, 
either on a licensed or unlicensed basis, and continued use of some of 
this spectrum by the amateur community.

Initial Regulatory Flexibility Analysis

    1. Reason for Action: The changes to Part 2 of the Commission's 
Rules proposed herein are for use of the spectrum that is being 
reallocated from Federal Government to non-Government use. This 
reallocation of spectrum is required by the Omnibus Budget 
Reconciliation Act of 1993.
    2. Objectives: The Commission seeks to allocate the spectrum for 
services that present the greatest potential to provide benefit to the 
public by providing for the introduction of new services and the 
enhancement of existing services. These new and enhanced services will 
create new jobs, foster economic growth, and improve access to 
communications by industry and the American public.
    3. Legal Basis: The legal basis for these rule changes is found in 
Sections 4(i), 303(g), 303(r), and 332(a) of the Communications Act of 
1934, as amended, 47 U.S.C. Secs. 154(i), 303(g), 303(r), and 332(a).
    4. Reporting, Recordkeeping, and Other Compliance Requirements: No 
reporting, recordkeeping, or other compliance requirements are proposed 
in this item.
    5. Federal Rules Which Overlap, Duplicate or Conflict With These 
Rules: None.
    6. Description, Potential Impact, and Number of Small Entities 
Involved: Many small entities could be positively affected by this 
proposal because the allocations proposed will foster new technologies, 
resulting in new jobs, economic growth, and improved access to 
communications by industry, including small entities. The number of 
small entities that will be affected is unknown.
    7. Any Significant Alternatives Minimizing the Impact on Small 
Entities Consistent with the Stated Objectives: This Notice of Proposed 
Rule Making solicits comments on a variety of alternatives. 
Additionally, all significant alternatives presented in response to the 
Notice of Inquiry in this proceeding have been addressed in this Notice 
of Proposed Rule Making.
    8. Paperwork Reduction: This proposal has been analyzed with 
respect to the Paperwork Reduction Act of 1980 and found to contain no 
new or modified form, information collection and/or recordkeeping, 
disclosure or record retention requirements and will not increase the 
burden hours imposed on the public.

List of Subjects in 47 CFR Part 90

    Allocations, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-28392 Filed 11-16-94; 8:45 am]
BILLING CODE 6712-01-M