[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Rules and Regulations]
[Pages 10778-10780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5465]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 101

[WT Docket No. 94-148 and CC Docket No. 93-2; DA 98-349]


Conditional Authorization Authority to Common Carrier and Private 
Operational Fixed Microwave Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This action amends Sec. 101.31 of the fixed microwave service 
rules to provide for conditional authority in the 10.6-10.68 GHz band 
(``10 GHz band'') under certain circumstances. The effect of this rule 
is that licensees will be able to provide service in the 10 GHz band in 
an expedited manner and will have greater flexibility in coordinating 
and consolidating construction efforts. This action eliminates a source 
of regulatory delay and will allow for more rapid delivery of 10 GHz 
band microwave services to the marketplace.

[[Page 10779]]

EFFECTIVE DATE: March 5, 1998.

FOR FURTHER INFORMATION CONTACT: Shaun Maher of the Commission's 
Wireless Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION:
    1. This is a summary of the Commission's Order to modify 
Sec. 101.31(e) of the Commission's rules to provide for conditional 
authorization in the 10.6-10.68 GHz band (``10 GHz band'') under 
certain circumstances.
    2. On February 8, 1996, the Commission adopted its Report and Order 
in WT Docket No. 94-148, (61 FR 26670, May 28, 1996) in which it 
simplified and consolidated its rules for the common carrier and 
private operational fixed microwave services and, among other things, 
extended conditional authorization authority to both common carrier and 
private operational fixed microwave services generally, with a few 
limited exceptions. This allowed fixed microwave licensees to construct 
and begin operating their facilities prior to receiving an 
authorization. This conditional authorization authority was not made 
available for: (1) The 10 GHz band, (2) the 17.7-19.7 GHz band in the 
states of Colorado, Maryland, and Virginia and the District of 
Columbia, and (3) the 21.2-23.6 GHz band (``23 GHz band'') for 
operations with an effective radiated power (ERP) greater than 55 dBm. 
These bands are allocated for both Government and non-Government users 
and, as a result, these frequencies are subject to coordination between 
the Commission and the National Telecommunications and Information 
Administration (NTIA). In the Report and Order, the Commission 
delegated authority to its Wireless Telecommunications Bureau (WTB) and 
its Office of Engineering and Technology (OET) to modify the rule 
regarding conditional authorization, if appropriate, once the 
Commission and NTIA reached an agreement regarding coordination of 
these frequencies.
    3. On January 21, 1998, the Commission reached agreement with NTIA 
and received a Memorandum from NTIA concerning conditional 
authorization in the 10 GHz band which lists specific geographic 
locations where prior coordination with NTIA will be required before 
grant of FCC authorizations covering non-Government operations in the 
10 GHz band. The NTIA Memorandum states that, for non-Government 
facilities only operating outside these geographic areas, coordination 
with NTIA will not be necessary. In addition, NTIA requests that the 
appropriate revisions be made to the Commission's rules to reflect the 
coordination requirements set forth in its Memorandum.
    4. We hereby modify Sec. 101.31 of the Commission's rules to permit 
conditional authorization in the 10 GHz band under the specific 
circumstances stated in the NTIA Memorandum. Entities will have 
conditional authorization authority for operations in the 10 GHz band 
in areas other than those specified in the NTIA Memorandum. Under this 
conditional authorization procedure, an applicant for the 10 GHz band 
will be allowed to operate while its formal license application(s) is 
being processed provided that it certifies that the following 
conditions are satisfied: (1) It has successfully completed the 
frequency coordination process pursuant to Sec. 101.103(d) of the 
Commission's rules; (2) the station's operation will have no 
significant environmental impact; (3) grant of the application does not 
require a waiver of the Commission's rules; (4) the proposed facilities 
do not lie within 56.3 kilometers of any international border; (5) the 
antenna structure(s) has been previously studied by the Federal 
Aviation Administration (FAA) and determined to pose no hazard to 
aviation safety as required by subpart B of part 17 of the Commission's 
rules; or, if not previously studied by the FAA and cleared by the FCC, 
the antenna or tower structure does not exceed 6.1 meters above ground 
level or above an existing man-made structure (other than an antenna 
structure); and (6) the filed application is consistent with the 
proposal that was coordinated pursuant to Sec. 101.103 of the 
Commission's rules. However, an applicant operating under such 
conditional authorization must cease operation immediately upon 
notification by the Commission if, for example, it is determined that 
the applicant has not met the above-outlined criteria.
    5. Accordingly, the Commission's rules Are Hereby Modified as set 
forth in the final rules, effective upon publication of this Order in 
the Federal Register.
    6. This action is taken pursuant to delegated authority under 
Secs. 0.331 and 0.241 of the Commission's Rules, 47 CFR 0.331 and 
0.241, and pursuant to the Report and Order in WT Docket No. 94-148.

List of Subjects in 47 CFR Part 101

    Communications equipment, Radio.

Federal Communications Commission.
Daniel B. Phythyon,
Chief, Wireless Telecommunications Bureau.

Richard M. Smith,
Chief, Office of Engineering and Technology.

Rule Changes

    Part 101 of title 47 of the Code of Federal Regulations is amended 
as follows:

PART 101--FIXED MICROWAVE SERVICES

    1. The authority citation for Part 101 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303.

    2. Section 101.31 is amended by revising paragraphs (e)(1)(vi) and 
(vii) and adding a new paragraph (viii) to read:


Sec. 101.31  Special temporary, temporary, and conditional 
authorizations.

* * * * *
    (e) Conditional authorization.
    (1) * * *
    (vi) If operated on frequencies in the 10.6-10.68 GHz band, the 
station site does not lie within any of the following regions:

[[Page 10780]]



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                                        Dimensions=radius in                                                    
           Name of region                    kilometers                           Center-point                  
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Kitt Peak, Arizona..................                       60   N31-57-22; W111-36-42                           
Big Pine, California................                       60   N37-13-54; W118-16-34                           
Vandenburg AFB, California..........                       75   N34-43-00; W120-34-00                           
Denver, Colorado....................                      150   N39-43-00; W104-46-00                           
Washington, DC......................                      150   N38-48-00; W76-52-00                            
Eglin AFB, Florida..................                       50   N30-29-00; W86-32-00                            
Mauna Kea, Hawaii...................                       60   N19-48-16; W155-27-29                           
North Liberty, Iowa.................                       60   N41-46-17; W91-34-26                            
Maryland Point, Maryland............                       60   N38-22-26; W77-14-00                            
Hancock, New Hampshire..............                       60   N42-56-01; W71-59-12                            
Los Alamos, New Mexico..............                       60   N35-46-30; W106-14-42                           
Pie Town, New Mexico................                       60   N34-18-04; W108-07-07                           
Socorro, New Mexico.................                      160   N34-04-43; W107-37-04                           
WSMR, New Mexico....................                       75   N32-23-00; W106-29-00                           
Minot AFB, North Dakota.............                       80   N48-15-00; W101-17-00                           
Arecibo, Puerto Rico................                      160   N18-20-37; W66-45-11                            
Fort Davis, Texas...................                       60   N30-38-06; W103-56-39                           
St. Croix, Virgin Islands...........                       60   N17-45-31; W64-35-03                            
Brewster, Washington................                       60   N48-07-53; W119-40-55                           
Green Bank, West Virginia...........                      160   N38-25-59; W79-50-24                            
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    (vii) The filed application(s) does not propose to operate in the 
21.2-23.6 GHz band with an E.R.P. greater than 55 dBm pursuant to 
Sec. 101.147(s); and
    (viii) The filed application(s) is consistent with the proposal 
that was coordinated pursuant to Sec. 101.103.
* * * * *
[FR Doc. 98-5465 Filed 3-4-98; 8:45 am]
BILLING CODE 6712-01-P