[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27423-27425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12704]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[GEN Docket No. 90-314, FCC 95-167]
Unlicensed Personal Communications Services; Radio Frequency
Devices
Agency: Federal Communications Commission.
action: Final rule.
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summary: By this action, the Commission affirms its designation of
UTAM, Inc., to manage the transition of the 1910-1930 MHz band from the
Private Operational Fixed Microwave Service to unlicensed Personal
Communication Service (PCS) operations. Further, the Commission accepts
UTAM's plan for the relocation of fixed microwave operations from this
spectrum and the deployment of unlicensed PCS devices. The Commission
is requiring UTAM to submit reports at six-month intervals on the
progress of the plan's implementation. UTAM's management of the
transition of the 1910-1930 MHz band will help to ensure that new and
innovative unlicensed PCS devices, such as wireless PBX equipment,
wireless messaging systems, wireless local area networks, and a broad
range of data communication products, are made available as rapidly as
possible without disrupting fixed microwave service.
effective date: June 23, 1995.
for further information contact: David L. Means, Office of Engineering
and Technology, New Technology Development Division, (301) 725-1585,
extension 206.
supplementary information: This is a summary of the Commission's Fourth
Memorandum Opinion and Order, FCC 95-167, adopted April 19, 1995, and
released May 12, 1995. 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. Copies may also
be purchased from the Commission's duplicating contractor,
International Transcription Services, at (202) 857-3800 or 2100 M
Street, NW., Suite 140, Washington, DC 20037.
Summary of the Memorandum Option and Order
1. This Fourth Memorandum Opinion and Order affirms its designation
of UTAM, Inc., to manage the transition of the 1910-1930 MHz band from
the Private Operational Fixed Microwave Service to unlicensed Personal
Communication Service (PCS) operations. Further, the Commission accepts
UTAM's plan for the relocation of fixed microwave operations from this
spectrum and the deployment of unlicensed PCS devices. The Commission
is requiring UTAM to submit reports at six-month intervals on the
progress of the plan's implementation.
2. The 1910-1930 MHz band is currently occupied by 383 fixed point-
to-point microwave links. In the Second Report and Order, 58 FR 59174,
November 8, 1993, the Commission designated UTAM as the coordinator for
the transition of the unlicensed PCS band from the fixed microwave
service to unlicensed PCS, conditioned on UTAM's submission and the
Commissions acceptance of: (1) A funding plan that is equitable to all
prospective manufacturers of unlicensed devices, and (2) a plan for
``band clearing'' that will permit the implementation of nomadic
devices and, in particular, nomadic data PCS devices, as promptly as
possible.
3. On August 1, 1994, UTAM, Inc., submitted its plan for managing
the transition of the 1910-1930 MHz band to use by unlicensed PCS
operations. The UTAM plan describes UTAM's organization and governance,
financing plan, bank clearing plan, coordination procedures, protection
of proprietary information, dispute resolution procedures and UTAM's
plans for ending its coordination role and dissolving itself.
4. We find that UTAM's cost and revenue projections are reasonable.
These projections appear to be based on conservative estimates and to
allow for situations where a revenue source may develop somewhat
slowly. While we recognize that there is always some uncertainty in
making such projections, we are convinced that there will eventually be
sufficient revenues to totally fund relocation of the microwave
incumbents. It seems fair to assume the PCS licensees will bear
approximately half the cost of relocating the incumbent microwave links
in the 1910-1930 MHz band, since these links are paired with links in
the licensed PCS spectrum. We agree with UTAM that its estimate of the
cost for relocating each link is conservative, which should provide
some margin if UTAM is faced with relocating more links than it
anticipates. We do not agree with arguments that the relocation of
links would be disrupted if there are funding shortfalls. We note, in
particular, that UTAM will not initiate relocation negotiations until
adequate funding is available. Further, [[Page 27424]] we believe that
UTAM is taking adequate steps to control interference so as to avoid
the need to relocate microwave links prematurely. We also see no need
to require UTAM to establish a contingency fund for such situations. We
are satisfied that the BIS study provides a reasonable estimate of
unlicensed PCS device deployment and takes due account of demand that
may be satisfied through other equipment or services. Even if demand
for unlicensed PCS devices does not fall within the range predicted by
the BIS study, or if licensed PCS penetration lags or negotiations with
incumbents take longer than anticipated, the safeguards included in the
plan ensure that the only consequence will be that band clearing will
simply take longer. With regard to concerns about equity in the band
clearing process, we agree with UTAM that the plan clearly indicates
that donated funds may be designated for clearing any part of the
spectrum that the donor chooses and will be credited as an advance
against the donor's clearing fees. Thus, no company interested in
clearing the asynchronous band segment for deployment of nomadic
products will be forced to subsidize coordination activities.
5. We believe that UTAM's band clearing plan is workable and
appropriate. While we understand concerns for the need to make spectrum
available for nomadic operations promptly, we also recognize the
practical difficulties UTAM faces in clearing the 1910-1930 MHz band.
We believe that UTAM has devised a workable strategy for expediting
nomadic device deployment given the existing constraints, such as the
need to fund and negotiate the relocation of the incumbent microwave
links, and the fact that incumbent public safety licensees are not
required to relocate for five years. While we are sympathetic to
desires for a more rapid deployment scheme for nomadic data devices in
this spectrum, none is apparent. We believe that the only way to make
the band fully available to nomadic devices is to completely clear it.
The most effective way to do so is to enable non-nomadic devices to be
deployed so that fees from such deployment can be used to complete the
band clearing process as rapidly as possible. While we share doubts
regarding the potential of the ``wedge'' clearing approach to make
significant amounts of spectrum available to nomadic devices prior to
complete band clearing, this approach appears to be the soundest plan
given the constraints. As an alternative for those developers of
nomadic devices whose needs could be accommodated by the UTAM plan, we
note that we recently allocated additional spectrum at 2390-2400 MHz
for unlicensed data PCS devices, and this spectrum will not require
clearing. We believe that the immediate needs of unlicensed nomadic
data PCS devices can be accommodated in this spectrum. Operation in the
2390-2400 MHz band will not require participation in UTAM and will not
be governed by the UTAM plan.
6. With regard to concerns about deployment of nomadic devices
prior to complete band clearing, we addressed this matter in the
Memorandum Opinion and Order in this proceeding, 59 FR 32830, June 24,
1994. We stated therein that when we have determined that spectrum is
available, or will soon be available, for deployment of nomadic
devices, we will issue a Public Notice announcing the date upon which
we will begin accepting and processing applications for certification
of such devices. We believe that this plan will adequately ensure that
nomadic operations do not cause interference to fixed microwave
operations. We believe UTAM's commitment to voluntarily address the
concerns of the incumbent microwave community regarding coordination
with PCS licensees to negotiate microwave relocations on a system-wide
basis where possible and appropriately will further the relocation
process. Such system-wide coordination and negotiation activities will
promote more rapid availability of spectrum and minimize the relocation
burden for incumbent microwave licensees. We believe that is neither
necessary nor practical for the Commission to require such system-wide
negotiations. Similarly, we believe that UTAM has adequately responded
to concerns about clearing priorities and updating of the zone status.
7. We believe that UTAM has adequately responded to the concerns
that have been raised about its coordination procedures. Its
explanation that appropriate adjustments have already been incorporated
into the TIA Bulletin 10F criteria and stated intention to coordinate
system deployed in Zone 1 areas at maximum system capacity appear to
adequately address the concerns of the microwave community. We also
note that UTAM is taking steps to respond to the concerns of HP and
other manufacturers regarding the necessity for advance warning for
``stop deployment'' orders. We are similarly convinced that UTAM will
be gathering sufficient information to monitor manufacturer compliance
with its LVP and to expeditiously locate any source of interference,
should it occur. We disagree that we intended that UTAM develop and
specify a standard procedure or specific technology to prevent
unauthorized deployment of unlicensed PCS devices. In fact, we
previously stated that we would allow UTAM broad flexibility in
establishing the means it uses to fulfill its responsibility for
ensuring that unlicensed devices do not interfere with existing
microwave operations. We continue to believe that this is the
appropriate approach. We believe that the standards for disablement
mechanisms outlined in the plan, with the clarifications provided by
UTAM in its response to the comments, will adequately protect incumbent
microwave operations from potential interference caused by unauthorized
relocation of unlicensed devices. We also agree with UTAM that further
requirements would not prevent those who wish to intentionally violate
the rules from doing so.
8. Regarding enforcement, we believe that the requirements of
Section 15.307(b) of the Commission's rules are adequate to ensure
manufacturers' compliance with the procedures established by UTAM, and
that no additional rules are necessary or desirable. We fully intend to
take appropriate enforcement action against parties that violate the
rules and procedures we have established with regard to operation in
the unlicensed spectrum at 1910-1930 MHz. We further believe that the
clarifications UTAM provides regarding its dispute resolution
procedures remove any confusion over UTAM's intent to work in good
faith to resolve any disputes that may arise.
9. We find that UTAM has provided adequate and sufficient
information to satisfy the conditions laid out in the Second Report and
Order. As explained above, we believe that UTAM has adequately
addressed all of the relevant issues. We find no merit in arguments
that UTAM's authorization should be revoked or limited. While Apple
challenges UTAM's governance, it offers no specifics as to how the
governance procedures should be changed or otherwise improved. Further,
we disagree that it is necessary or desirable to identify an
alternative entity at this time to manage the band transition should
UTAM cease operation. We note that no alternative to UTAM has been
suggested or come forward. Therefore, we are reaffirming UTAM has the
coordinator for the transition of the 1910-1930 MHz band from fixed
microwave services to use by unlicensed PCS.
10. We do not believe it is necessary to require UTAM to submit a
revised [[Page 27425]] plan that includes the additional information
presented in its reply comments. We recognize that, to some extent, the
plan and details of its implementation are a work in progress.
Accordingly, we believe the appropriate course of action is to monitor
UTAM's implementation of the plan. We are requiring UTAM to furnish
biannual reports on its progress in implementing the plan. The first
report will be due July 1, 1995, and every six months thereafter. The
reports should provide an update on the status of the financial and
band clearing plans, the extent of incumbent microwave relocation, and
the extent of unlicensed PCS device deployment. Additionally, the
reports should provide updated projections of future band clearing and
unlicensed PCS implementation based on the best and most current data
available at the time the report is prepared. We also are requiring
that the report provide information on any problems or difficulties
encountered in implementing the plan and how they are being resolved.
Ordering Clauses
11. Accordingly, It Is Ordered, 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, U.S.C. Sections 154(i), 157(a), 302, 303(c), 303(f),
303(g), and 303(r), that UTAM, Inc. is designated to coordinate and
manage the transition of the 1910-1930 MHz band from the Private
Operational Fixed Microwave Service to unlicensed PCS operations. It Is
Further Ordered, that UTAM, Inc., shall submit to the Commission
reports on its progress in implementing its plan beginning on July 1,
1995, and every six months thereafter. It Is Further Ordered, that Part
15 is amended as shown to remove the conditions attached to UTAM's
designation as the coordinator for unlicensed PCS operations in the
1910-1930 MHz band.
List of Subjects in 47 CFR Part 15
Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Part 15 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
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. Sections 154, 302, 303, 304, and
307.
2. Section 15.307(a) is revised to read as follows:
Sec. 15.307 Coordination with fixed microwave service.
(a) UTAM, Inc., is designated to coordinate and manage the
transition of the 1910-1930 MHz band from Private Operational-Fixed
Microwave Service (OFS) operating under part 94 of this chapter to
unlicensed PCS operations.
* * * * *
[FR Doc. 95-12704 Filed 5-23-95; 8:45 am]
BILLING CODE 6712-01-M