Federal Register, Volume 60 Issue 47 (Friday, March 10, 1995)

[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