[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13070-13073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5382]



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[[Page 13071]]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 94-32; FCC 95-47]


Spectrum Below 5 GHz Transferred From Federal Government Use

AGENCY: Federal Communications Commission.

ACTION: Report and order.

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SUMMARY: This First Report and Order adopts allocations for 50 
megahertz of spectrum that has been 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. A companion Notice of Proposed Rule 
Making, published elsewhere in this issue, proposes rules to govern use 
of the spectrum allocated in this Report and Order. Our goal in taking 
this action is to provide for use of spectrum transferred from Federal 
Government to private sector use in a way that will benefit the public 
by providing for the introduction of new services and devices and 
enhance existing services and devices.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT:
Steve Sharkey, Office of Engineering and Technology, (202) 739-0723.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First 
Report and Order, ET Docket No. 94-32, FCC 95-47, adopted February 7, 
1995, and released February 17, 1995. The full text of this First 
Report and Order 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., 
NW., suite 140, Washington, DC 20037, telephone (202) 857-3800.

Summary of First Report and Order (R&O)

    1. The purpose of this R&O is to adopt allocations for 50 megahertz 
of spectrum that has been transferred from Federal Government to 
private sector use as required by the 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 November 8, 1994, we released a Notice of Proposed Rule 
Making, 59 FR 59393 (11/17/94), in this proceeding proposing that all 
50 megahertz of immediately available spectrum be allocated for Fixed 
and Mobile service. As an alternative to allocating this spectrum 
generally for Fixed and Mobile services, the Notice of Proposed Rule 
Making requested comment on the possible allocation of these bands for 
specific communications services including 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, unlicensed PCS, low-power communications, 
either on a licensed or unlicensed basis, and continued use of some of 
this spectrum by the amateur community.
    3. Based on the record in this proceeding, the Commission 
determined that an approach that provides spectrum for both unlicensed 
devices and Fixed and Mobile services would best serve the public 
interest. Taking into account the unique nature of some of the bands 
under consideration, the current communications environment, and the 
suggestions of the commenting parties, we find it is desirable to 
allocate 25 megahertz for specific services and devices and 25 
megahertz for Fixed and Mobile operations. In particular, we are 
providing 25 megahertz for use by unlicensed devices and the Amateur 
service and 25 megahertz for Fixed and Mobile operations. Specifically, 
we are allocating the 2390-2400 MHz band for use by unlicensed 
asynchronous Personal Communications Services (PCS) devices, providing 
for continued use of the 2402-2417 MHz band by devices operating in 
accordance with Part 15 of our Rules, allocating both of these bands 
for use by the Amateur service on a primary basis, and allocating the 
band 4660-4685 MHz for use by Fixed and Mobile services. The 2390-2400 
MHz and 2402-2417 MHz bands will be governed by existing applicable 
rules. In a companion Second Notice of Proposed Rule Making, the 
Commission proposed rules for use of the 4660-4685 MHz band. The 
allocations adopted in this Report and Order will benefit the public by 
providing for the introduction of new services and devices and the 
enhancement of existing services and devices. These new and enhanced 
services and uses will create new jobs, foster economic growth, and 
improve access to communications by industry and the American public.

Final Regulatory Flexibility Analysis

    1. Need and purpose of this action: This Report and Order allocates 
50 megahertz of spectrum that was transferred from Federal Government 
to private sector use. Transfer and allocation of this spectrum was 
required by the Omnibus Budget Reconciliation Act of 1993.
    2. Summary of the issues raised by the public comments in response 
to the Initial Regulatory Flexibility Analysis: There were no comments 
submitted in response to the Initial Regulatory Flexibility Analysis.
    3. Significant alternatives considered: Commenters in this 
proceeding supported allocating the spectrum under consideration for a 
number of various services. These services include wireless local 
loops, a ground-to-air aeronautical audio/video service, mobile 
satellite service, private services, unlicensed PCS devices, other 
unlicensed devices, amateur service, interactive data, audio and video 
services, fixed service, mobile services, and broadcast auxiliary 
services. This Report and Order considers all of these uses and 
provides analysis regarding each. As a result of this analysis, the 
Commission determined that the action taken in this Report and Order 
would provide the most beneficial use of the spectrum under 
consideration.

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

47 CFR Part 2

    Radio.

47 CFR Part 15

    Communications equipment, Computer technology, Labeling, Radio.

    [[Page 13072]] Federal Communications Commission.
William F. Caton,
Acting Secretary.

Amendatory Text

    Parts 2 and 15 of Chapter I of Title 47 of the Code of Federal 
Regulations 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 the Communications Act 
of 1934, as amended, 47 U.S.C. 154, 302, 303 and 307, unless 
otherwise noted.

    2. Section 2.106, the Table of Frequency Allocations, is amended to 
read as follows:
    a. In the 2390-2450 MHz band and the 4500-4800 MHz band, revise all 
columns to read as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *

                                                                                                                
                 International table                        United States table           FCC use designators   
----------------------------------------------------------------------------------------------------------------
                                                          Government         Non-                               
   Region 1--        Region 2--        Region 3--    -------------------  Government                            
 allocation MHz    allocation MHz    allocation MHz                     --------------    Rule      Special-use 
                                                        Allocation MHz    Allocation     part(s)    frequencies 
                                                                              MHz                               
(1)               (2)               (3)               (4)                (5)           (6)         (7)          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
2300-2450         2300-2450         2300-2450         2300-2310          2300-2310     ..........  .............
FIXED.            FIXED.            FIXED.            RADIOLOCATION.     Amateur.      Amateur     .............
                                                                                        (97).                   
MOBILE.           MOBILE.           MOBILE.           Fixed.             ............  ..........  .............
Amateur.          RADIOLOCATION.    RADIOLOCATION.    Mobile.            ............  ..........  .............
Radiolocation.    Amateur.          Amateur.          US253 G2           US253         ..........  .............
                                                      2310-2360          2310-2360     ..........  .............
                                                      Mobile.            BROADCASTING- ..........  Digital      
                                                                                                                
                                                      Radiolocation.       SATELLITE.              Audio Radio  
                                                      Fixed.             Mobile.       ..........  Services.    
                                                      751B US276 US327   751B US276    ..........  .............
                                                                          US327                                 
                                                      US328 G2 G120      US328         ..........  .............
                                                      2360-2390          2360-2390     ..........  .............
                                                      MOBILE.            MOBILE.       ..........  .............
                                                      RADIOLOCATION.     ............  ..........  .............
                                                      Fixed.             ............  ..........  .............
                                                      US276 G2 G120      US276         ..........  .............
                                                      2390-2400          2390-2400     Radio       .............
                                                                         AMATEUR.       Frequency               
                                                      G122                              Devices                 
                                                                                        (15).                   
                                                                                       AMATEUR                  
                                                                                        (97)                    
                                                      2400-2402          2400-2402     ..........  .............
                                                      RADIOLOCATION.     Amateur.      Amateur     .............
                                                                                        (97).                   
                                                      664 752 G2         664 752       ..........  .............
664 751A 752      664 750B 751      664 750B 751      2402-2417          2402-2417     AMATEUR     .............
                                                                                        (97).                   
                  751B 752          751B 752          .................  AMATEUR.      Radio       .............
                                                                                        Frequency               
                                                      664 752 G122       664 752         Devices   .............
                                                                                        (15).                   
                                                      2417-2450          2417-2450     ..........  .............
                                                      RADIOLOCATION.     Amateur.      Amateur     .............
                                                      664 752 G2         664 752        (97).                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
4500-4800         4500-4800         4500-4800         4500-4660          4500-4660     ..........  .............
                                                      FIXED.             FIXED-        ..........  .............
                                                                          SATELLITE                             
FIXED.            FIXED.            FIXED.            MOBILE.              (space-to-  ..........  .............
                                                                          Earth).                               
FIXED-SATELLITE   FIXED-SATELLITE   FIXED-SATELLITE   US245              792A US245    ..........  .............
 (space-to-        (space-to-        (space-to-                                                                 
 Earth)            Earth)            Earth)                                                                     
792A.             792A.             792A.             4660-4685          4660-4685     ..........  .............
MOBILE.           MOBILE.           MOBILE.           .................  ............  ..........  .............
                                                                         FIXED.        ..........  .............
                                                                         FIXED-        ..........  .............
                                                                          SATELLITE                             
                                                                           (space-to-  ..........  .............
                                                                          Earth).                               
                                                                         MOBILE.       ..........  .............
                                                      G122               792A US245    ..........  .............
                                                      4685-4800          4685-4800     ..........  .............
                                                      FIXED.             FIXED-        ..........  .............
                                                                          SATELLITE                             
                                                      MOBILE.              (space-to-  ..........  .............
                                                                          Earth).                               
                                                      US245              792A US245    ..........  .............
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       


[[Page 13073]]

    b. Government footnote G2 is revised and Government footnote G122 
is added to read as follows:

Government (G) Footnotes

 * * * * *
    G2 In the bands 216-225, 420-450 (except as provided by US 217), 
890-902, 928-942, 1300-1400, 2300-2390, 2400-2402, 2417-2450, 2700-
2900, 5650-5925, and 9000-9200 MHz, the Government radiolocation is 
limited to the military services.
 * * * * *
    G122 The bands 2390-2400, 2402-2417 and 4660-4685 MHz were 
identified for immediate reallocation, effective August 10, 1994, 
for exclusive non-Government use under Title VI of the Omnibus 
Budget Reconciliation Act of 1993. Effective August 10, 1994, any 
Government operations in these bands are on a non-interference basis 
to authorized non-Government operations and shall not hinder the 
implementation of any non-Government operations.

PART 15--RADIO FREQUENCY DEVICES

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

    Authority: Sec. 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 15.301 is revised to read as follows:


Sec. 15.301  Scope.

    This subpart sets out the regulations for unlicensed personal 
communications services (PCS) devices operating in the 1910-1930 MHz 
and 2390-2400 MHz frequency bands.
    3. Section 15.303 is amended by revising paragraph (g) to read as 
follows:


Sec. 15.303  Definitions.

 * * * * *
    (g) Personal Communications Services (PCS) Devices [Unlicensed]. 
Intentional radiators operating in the frequency bands 1910-1930 MHz 
and 2390-2400 MHz that provide a wide array of mobile and ancillary 
fixed communication services to individuals and businesses.
 * * * * *
    4. Section 15.311 is revised to read as follows:


Sec. 15.311  Labelling requirements.

    In addition to the labelling requirements of Sec. 15.19(a)(3), all 
devices operating in the frequency band 1910-1930 MHz authorized under 
this subpart must bear a prominently located label with the following 
statement:

    Installation of this equipment is subject to notification and 
coordination with UTAM, Inc. Any relocation of this equipment must 
be coordinated through, and approved by UTAM. UTAM may be contacted 
at [insert UTAM's toll-free number].

    5. Section 15.319 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 15.319  General technical requirements.

    (a) The 1910-1920 MHz and 2390-2400 MHz bands are limited to use by 
asynchronous devices under the requirements of Sec. 15.321. * * *
* * * * *
    6. Section 15.321 is amended by revising the heading, paragraphs 
(a) and (b) and the first sentence of paragraph (e) to read as follows:


Sec. 15.321  Specific requirements for asynchronous devices operating 
in the 1910-1920 MHz and 2390-2400 MHz bands.

    (a) Operation shall be contained within either or both of the 1910-
1920 MHz and 2390-2400 MHz bands. The emission bandwidth of any 
intentional radiator operating in these bands shall be no less than 500 
kHz.
    (b) All systems of less than 2.5 MHz emission bandwidth shall start 
searching for an available spectrum window within 3 MHz of the band 
edge at 1910, 1920, 2390, or 2400 MHz while systems of more than 2.5 
MHz emission bandwidth will first occupy the center half of the band. 
Devices with an emission bandwidth of less than 1.0 MHz may not occupy 
the center half of the band if other spectrum is available.
* * * * *
    (e) The frequency stability of the carrier frequency of intentional 
radiators operating in accordance with this section shall be 
10 ppm over 10 milliseconds or the interval between channel 
access monitoring, whichever is shorter. * * *
* * * * *
[FR Doc. 95-5382 Filed 3-9-95; 8:45 am]
BILLING CODE 6712-01-M