[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Proposed Rules]
[Pages 16129-16131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8562]
[[Page 16129]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[IB Docket No. 97-95; FCC 97-85]
Spectrum Allocation Proposals for Fixed-Satellite, Fixed, Mobile,
and Government Operations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: By this Notice of Proposed Rulemaking, the Commission proposes
to designate 4 gigahertz of spectrum predominantly for Fixed-Satellite
Services (``FSS''). These proposals are for the 37.5-38.5 GHz, 40.5-
41.5 GHz, and 48.2-50.2 GHz bands. The Commission also proposes
allocations for the 37.0-38.0 GHz, 40.0-40.5 GHz, 40.5-42.5 GHz and
46.9-47.0 GHz bands. The Commission solicits comment on sharing with
Government users in the bands proposed primarily for satellite
services. In addition, to place today's proposals in context and
because some parties have submitted proposals that cross some of these
bands, this Notice sets forth and seeks comment on a broad plan for the
36-51.4 GHz bands.
DATES: Comments must be submitted on or before May 5, 1997.
FOR FURTHER INFORMATION CONTACT: Virginia Marshall, Attorney, Satellite
Policy Branch, International Bureau, (202) 418-0778; Kathleen Campbell,
International Bureau, (202) 418-0753.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking in IB Docket No. 97-95; FCC 97-85, adopted March
13, 1997 and released March 24, 1997. The complete text of the Notice
of Proposed Rulemaking is available for inspection and copying during
normal business hours in the FCC Reference Center (Room 239), 1919 M
Street, NW., Washington, DC and also may be purchased from the
Commission's copy contractor, International Transcription Service,
(202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC 20037.
This Notice of Proposed Rulemaking contains no information
collections or third party disclosure requirements subject to the
Paperwork Reduction Act of 1995, Public Law 104-13 (PRA).
As required by Section 603 of the Regulatory Flexibility Act, the
Commission has prepared an Initial Regulatory Flexibility Analysis
(``IRFA'') of the expected significant economic impact on small
entities by the policies proposed in this Notice of Proposed
Rulemaking.
Summary of the Notice of Proposed Rulemaking
1. This Notice presents and seeks comment on a band plan for the
36-51.4 GHz frequency band. The Commission developed this band plan to
accommodate satellite services in a manner that does not disrupt
existing terrestrial services in these bands. Prior Commission
proceedings regarding these bands focused primarily on terrestrial
operations. More recently, the Commission has received requests for
alternative uses of the spectrum, including a proposal for a non-
geostationary orbit fixed satellite system.
2. Due to the difficulty of sharing between ubiquitous terrestrial
and satellite licensees in the same frequency band the Commission
developed a band plan that designates spectrum for different types of
high-density services. The band plan is depicted in the following
table:
------------------------------------------------------------------------
Proposed
Frequencies commercial Other permissible
designations operations
------------------------------------------------------------------------
36.0-37.0 GHz................. No Change........ Current and Proposed
Government Earth
Exploration-
Satellite/Space
Research, Fixed, and
Mobile.
37.0-37.5 GHz................ Wireless Services Proposed addition of
Government co-
primary Space
Research allocation
to the 37.0-38.0 GHz
band.\1\
37.5-38.5 GHz................. FSS (NGSO) and Proposed addition of
possible Government co-
Wireless primary Space
Underlay. Research allocation
to the 37.0-38.0 GHz
band.
38.5-38.6 GHz................. Wireless
Services.
38.6-40.0 GHz \2\............. Wireless
Services.
40.0-40.5 GHz................. Wireless Services Proposed addition of
Government co-
primary Space
Research and Earth
Exploration-
Satellite allocation
to 40.0-40.5 GHz.
40.5-41.5 GHz................. FSS (GSO) and
possible
Wireless
Underlay.
41.5-42.5 GHz \3\............. Wireless Services
42.5-43.5 GHz................. No Change........ Current Government
Radioastronomy.
43.5-45.5 GHz................. No Non-Government Current Government
Allocation. FSS (Military).
45.5-46.7 GHz................. No Change........ Future Government
Mobile, MSS, and
Radionavigation-
Satellite.
46.7-46.9 GHz................. No Change........ Current Unlicensed
Commercial Vehicular
Radar and Government
Radionavigation-
Satellite.
46.9-47.0 GHz................. Wireless
Services.
47.0-47.2 GHz................. No Change........ Amateur.
47.2-48.2 GHz \4\............. Wireless Services
48.2-49.2 GHz................. FSS (NGSO) and
possible
Wireless
Underlay.
49.2-50.2 GHz................. FSS (GSO) and
possible
Wireless
Underlay.
50.2-50.4 GHz................. No Change........ Government Passive
Earth-Exploration
Service.
50.4-51.4 GHz................ Wireless
Services.
------------------------------------------------------------------------
\1\ Specific proposals for Government allocations at 37.0-38.0 GHz and
40.0-40.5 GHz will be addressed later in this document.
\2\ We have already received comment on our proposal on this band
segment and will take action in our 39 GHz proceeding. See In the
Matter of Amendment of the Commission's Rules Regarding the 37.0-38.6
GHz and 38.6-40.0 GHz Bands--Implementation of Section 309(j) of the
Communications Act, Notice of Proposed Rulemaking and Order, 11 FCC
Rcd 5930 (1995).
\3\ As discussed above, we proposed this band, for licensed commercial
use, in our Millimeter Wave NPRM and will address this proposal in a
separate proceeding. See In the Matter of Amendment of Parts 2 and 15
of the Commission's Rules to Permit Use of Radio Frequencies Above 40
GHz for New Radio Applications, Notice of Proposed Rule Making, 9 FCC
Rcd 7078 (1994).
\4\ We have already received comment on our proposal on this band
segment and will take action in our Millimeter Wave proceeding. See In
the Matter of Amendment of Parts 2 and 15 of the Commission's Rules to
Permit Use of Radio Frequencies Above 40 GHz for New Radio
Applications, Notice of Proposed Rulemaking, 9 FCC Rcd 7078 (1994) and
First Report and Order and Second Notice of Proposed Rulemaking, 11
FCC Rcd 4481 (1995).
[[Page 16130]]
3. The Commission proposes to designate 4 gigahertz of spectrum for
fixed-satellite services and 4.6 gigahertz of spectrum for domestic
wireless services. The Notice of Proposed Rulemaking seeks comment on
the overall band plan. Government allocations also are present
throughout most of the 36-51.4 GHz spectrum. The Commission has worked
with the National Telecommunications and Information Administration to
develop a mechanism for commercial and Government sharing in these
bands.
4. The Commission proposes a series of allocations consistent with
its proposed band plan. The Notice seeks only to add, not delete,
allocations to the U.S. Table of Frequency Allocations. First, the
Commission proposes to allocate the 37.5-38.5 GHz (space-to-Earth) band
and designate 48.2-49.2 GHz (Earth-to-space) for predominantly non-
geostationary orbit fixed-satellite operations. The Commission proposes
to allocate the 40.5-41.5 GHz (space-to-Earth) and designate the 49.2-
50.2 GHz bands for geostationary orbit fixed-satellite operations.
Second, the Commission seeks comment on whether, and to what extent,
other terrestrial operations may be accommodated in these fixed-
satellite bands. The Commission uses the term ``underlay'' service to
describe this concept.
5. Third, the Commission proposes to upgrade the fixed and mobile
allocations in the 40.5-42.5 GHz band. Fourth, the Commission proposes
to add a fixed allocation to the 46.9-47.0 GHz band. Finally, the
Commission proposes to add allocations to the Government column of the
U.S. Table of Frequency Allocations. NTIA has requested that a primary
Earth-Exploration Satellite allocation (space-to-Earth) be added to the
Government column of the 37.0-38.0 GHz band. The NTIA requests the
addition of a primary Space Research and Earth-Exploration Satellite
(Earth-to-space) allocation to the Government allocation at 40.0-40.5
GHz. NTIA also requests the addition of a secondary Earth-Exploration
Satellite (space-to-Earth) at 40.0-40.5 GHz. The Commission proposes
these allocations for the Government column of the U.S. Table of
Frequency Allocations.
Initial Regulatory Flexibility Analysis
6. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(``IRFA'') of the expected significant economic impact on small
entities by the policies proposed in this Notice of Proposed
Rulemaking. Written and public comments are requested by the IRFA and
must be filed by the deadlines for comments on this Notice.
I. Reason for Action
7. This rulemaking proceeding is being initiated to obtain comment
and develop a record on certain proposals in the 36-51.4 GHz frequency
band. Specifically, this Notice proposes to designate spectrum for
fixed-satellite services, both geostationary and non-geostationary
satellite orbit, systems at 37.5-38.5 GHz, 40.5-41.5 GHz, and 48.2-50.2
GHz. In addition, this Notice seeks comment on a proposal to achieve
sharing between Government and non-Government operations in these
bands. Finally, this Notice outlines and seeks comment on the domestic
allocations necessary to accommodate both terrestrial and satellite
services as discussed in the item.
II. Objectives
8. The Commission seeks to allocate spectrum for predominantly
fixed satellite uses, in a manner that minimizes disruption to existing
services. The proposed band plan will promote the technological
developments in the millimeter wave bands (30-300 GHz), encourage
effective competition, and provide customers with additional satellite
service providers.
III. Legal Basis
9. The proposed action is authorized under the Administrative
Procedure Act, 5 U.S.C. 553; and sections 1, 4(i), 4(j), 301 and 303 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i),
154(j), 301, and 303.
IV. Description and Estimate of Small Entities Subject to the Rules
10. The Commission has not developed a definition of small entities
applicable to geostationary or non-geostationary orbit fixed-satellite
service licensees. Therefore, the applicable definition of small entity
is the definition under the Small Business Administration (SBA) rules
applicable to Communications services, Not Elsewhere Classified. This
definition provides that a small entity is one with $11.0 million in
annual receipts.5 According to Census Bureau data., there are 848
firms that fall under the category of Communications Services, Not
Elsewhere Classified. Of those, approximately 775 reported annual
receipts of $11 million or less and qualify as small entities.6
However, since this is a new service, we are unable, at this time, to
provide a reasonable estimate of how many of these entities will be
providing these services.
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\5\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
\6\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992
Census of Transportation, Communications, and Utilities, UC92-S-1,
Subject Series, Establishment and Firm Size, Table 2D, Employment
Size of Firms,: 1992, SIC Code 4899 (issued May 1995).
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V. Reporting, Recordkeeping, and Other Compliance Requirements
11. The proposal under consideration in this Notice, involve no
reporting requirements at this time. Final service and licensing rules
will be proposed at a later date.
VI. Any Significant Alternatives Considered
12. This Notice solicits comment on other alternatives such as
other mechanisms of Government/non-Government sharing in these bands
proposed primarily for FSS uses. The Notice also requests comment on
whether a sufficient amount of spectrum has been designed for
terrestrial and satellite services or whether a different split would
be better.
13. The proposed fixed-satellite designations would apply to those
bands proposed primarily for FSS uses. Furthermore, the proposed
Government sharing mechanisms would apply to satellite licensees
throughout the 36-51.4 GHz frequency band. This item should positively
impact both large and small businesses by providing additional spectrum
in which to provide services. Our proposals would not displace
incumbent operators. We will be able to address small business concerns
regarding specific sub-bands as we proceed to establishing licensing
and service rules for those bands.
VII. Federal Rules That Overlap, Duplicate or Conflict With These
Proposed Requirements
14. None.
[[Page 16131]]
Ordering Clauses
15. Accordingly, it is ordered that pursuant to the authority
contained in sections 1, 4(i), 4(j), 301, and 303 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 301, and 303,
notice is hereby given of our intent to adopt the policies set forth in
this Notice and that comment is sought on all proposals in this Notice.
16. It is ordered that, the Petition for Rule Making, filed by
Motorola Satellite Communications, Inc. is granted to the extent it is
consistent with our proposals.
17. It is further ordered that the Secretary shall send a copy of
this Notice of Proposed Rulemaking, including the Initial Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration in accordance with paragraph 603(a) of the
Regulatory Flexibility Act, Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601
et seq. (1981).
Federal Communications Commission
William F. Caton,
Acting Secretary.
[FR Doc. 97-8562 Filed 4-3-97; 8:45 am]
BILLING CODE 6712-01-P