[Federal Register Volume 64, Number 9 (Thursday, January 14, 1999)]
[Proposed Rules]
[Pages 2462-2466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-837]
[[Page 2462]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 98-237, FCC 98-337]
3650-3700 MHz Government Transfer Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document proposes to allocate the 3650-3700 MHz band to
the non-Government fixed service on a primary basis. In addition, we
order that applications for use of this band by new or major modified
earth station facilities in the fixed-satellite service (``FSS'') will
no longer be accepted, as December 18, 1998, the release date of this
Notice of Proposed Rule Making and Order. We also propose to delete the
existing Government and non-Government radiolocation service
allocations from the 3650-3700 MHz band, but will grandfather three
existing Government radiolocation sites. We also propose to delete the
unused Government aeronautical radionavigation service allocation from
the 3650-3700 MHz band. The adoption of these proposals would provide
spectrum for new fixed services.
DATES: Comments are due February 16, 1999, reply comments are due March
1, 1999.
ADDRESSES: All filings must be sent to the Commission's Secretary,
Magalie Roman Salas, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW, Room TW-A325, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and
Technology, (202) 418-2450.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making and Order, ET Docket No. 98-237, FCC 98-337,
adopted December 17, 1998, and released December 18, 1998. The full
text of this Commission decision 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 duplication contractor, International Transcription
Service, (202) 857-3800, 1231 20th Street, NW, Washington, DC 20036.
Summary of the Notice of Proposed Rule Making and Order
1. Introduction. By this action, we propose to allocate the 3650-
3700 MHz band to the non-Government fixed service on a primary basis.
We envision that this spectrum will be used to provide a broad range of
new fixed point-to-point and point-to-multipoint services, directly
linking residences, businesses, and other fixed locations to an ever-
developing array of networks. Through these new links, traditional
voice telephony and a wide variety of new broadband, high-speed, data
and video services, such as Internet access and video conferencing,
could be delivered to the home and to small businesses. This new fixed
service may thus lead to new and more effective competition to existing
wireline local exchange carrier services by providing for an economical
means to offer competitive ``local loop'' or ``last-mile'' facilities.
One such service that could operate in this band is Fixed Wireless
Access (``FWA''), but we do not intend to constrain use of the band
only to that purpose. In addition, we intend that this proposal will be
helpful in achieving the overarching goal of section 706 of the
Telecommunications Act of 1996, to ``encourage the deployment on a
reasonable and timely basis of advanced telecommunications capability
to all Americans * * * by utilizing * * * measures that promote
competition in the local telecommunications market.''
2. To ensure that adequate opportunities exist for the provision of
fixed services in the 3650-3700 MHz band, we will no longer accept
applications for use of this band by new or major modified earth
station facilities in the FSS, as of December 18, 1998, the release
date of the Notice of Proposed Rule Making and Order. Existing earth
stations, however, will be grandfathered. We also propose to delete the
existing Government and non-Government radiolocation service
allocations from the 3650-3700 MHz band, but will grandfather three
existing Government radiolocation sites. In addition, we propose to
delete the unused Government aeronautical radionavigation service
allocation from the 3650-3700 MHz band. Finally, we request comment on
whether, to realize the full potential benefits of this spectrum, the
band should be offered for license as a single 50 megahertz block on
either a nationwide or large regional service area basis.
A. Fixed Service Proposal
3. An important spectrum management goal of the Commission for
terrestrial commercial wireless services is to promote efficient and
flexible use of the electromagnetic spectrum while enabling licensees
to use the spectrum free of harmful interference. Specifically for the
3650-3700 MHz band, our reallocation decision must accommodate
continued use of the band for incumbent earth station reception of FSS
signals--which are significantly weaker than the anticipated
terrestrial service signals--and for incumbent high-powered Government
radars transmitting from three grandfathered sites. Moreover, our
decision must account for the extremely high emissions that are
produced by high-powered Government fixed and mobile radar operations
in adjacent spectrum below 3650 MHz. In light of this challenging
spectrum sharing environment, we tentatively find that mobile service
use of the 3650-3700 MHz band would be severely constrained but that
the band is well suited for fixed service use. Nonetheless, we believe
that there is a broad range of fixed services that could operate in
this spectrum. In particular, a fixed service allocation in this band
may facilitate an alternative means of providing basic telephone
service, thus mitigating the impact of the local loop bottleneck and
fostering a competitive market structure for direct PSTN access to
residential and small business consumers. A fixed service allocation
also may be used to provide broadband access to the Internet, thus
furthering the general objectives of section 706 to bring competitive,
advanced telecommunications capability to all Americans.
4. Internationally, this type of fixed service is known as FWA and
there is strong interest in providing for these services in the 3400-
3700 MHz frequency range, especially the 3400-3600 MHz band. In the
United States, the 3400-3600 MHz band is not available because it is
heavily used by the military, thus allocation of alternative or
additional spectrum that could be used for this type of service may be
desirable. We believe that the 3650-3700 MHz band is viable for the
provision of some types of FWA services. Accordingly, we propose to
allocate the 3650-3700 MHz band to the fixed service on a co-primary
basis with incumbent non-Government FSS earth stations and with
Government radiolocation operations from three grandfathered sites.
However, in keeping with our policy favoring a licensee's innovative
use of the spectrum in response to consumer market demand, we do not
intend to designate the allocation for, or to limit use of this
spectrum to, FWA services. Thus, the extent to which FWA--or any other
particular fixed services--would be implemented in the proposed
[[Page 2463]]
allocation would be determined solely by market forces. We anticipate
that this spectrum will be initially licensed by competitive bidding
pursuant to the authority granted under section 309(j) of the
Communications Act. We seek comment on our proposal.
5. During the coordination process, NTIA informed us that the
recently enacted statutory provision concerning payment of the
relocation costs of Federal entities does not apply to the 3650-3700
MHz band. Based on our own independent analysis, we reach the same
conclusion.
6. Commenters should also address various technical issues
pertinent to fixed service use of the 3650-3700 MHz band, including
FWA. For example, we are aware that existing FWA technology deployed
internationally in the 3400-3600 MHz band uses Frequency Division
Duplex (``FDD'') technology with either a 50- or 100-megahertz
separation between transmit and receive channels. The amount of
spectrum available in the instant allocation, however, lends itself to
a maximum separation of 25-megahertz, which may be insufficient to
support traditional FDD technology. Nevertheless, fixed services using
Time Division Duplex (``TDD'') technology may be viable in the band. We
request comment on these technical issues. Commenters should address
whether FDD technology could be successfully developed and deployed in
this band and whether TDD technology deployment in the band is likely
to be viable for service to consumers.
7. We also want to consider the ramifications of our allocation
proposal for the development of service rules in a subsequent
rulemaking proceeding. Generally, we request comment on whether the
Local Multipoint Distribution Service (``LMDS'') (Part 101, Subparts L
and M) or Wireless Communications Service (``WCS'') (Part 27) service
rules, modified as necessary, or an entirely new set of service rules,
should be applied to the fixed services offered pursuant to the new
allocation. Specifically, in view of the limited amount of spectrum
subject to the proposed allocation and the significant pertinent
technical constraints, we request comment on how a choice of initial
spectrum licensing blocks and geographic service areas will, in light
of the current state of technology, affect the viability in the band of
the various fixed services, including FWA. In particular, we seek
comment on the size of the spectrum blocks within the 3650-3700 MHz
band that should be offered for initial licensing. For instance, should
the spectrum be initially licensed as a single 50-megahertz block or
would the various fixed services still be viable if initially licensed
as two or more blocks of spectrum? If the latter, should the spectrum
be initially offered as contiguous or paired blocks and, if paired
blocks, should they be symmetric or asymmetric in size. In addition, we
seek comment on the appropriate geographic size of service areas for
initial licensing. Specifically, we request comment on whether, in
order to facilitate widespread competition in the ``local loop'' or
``last-mile'' facilities market, the band should be initially licensed
for a single nationwide service area, or for several large regional
service areas, or for some other choice of smaller geographic service
areas. We invite comment on the competitive ramifications of offering
only a single license, covering the entire 50 megahertz of spectrum
nationwide. For example, could such a sole licensee garner an economic
monopoly or have undue market power, or would it face adequate
competition from wireline and wireless service providers? To what
extent, if any, would imposition of licensee eligibility requirements
affect the answer to the preceding question?
8. The specific radio frequency environment for the 3650-3700 MHz
band in the United States raises additional technical issues. Any new
service in the band must be able to co-exist with extremely high-
powered Government mobile radar systems in the adjacent 3300-3650 MHz
band, as well as with occasional high-powered in-band use at three
grandfathered sites (Pascagoula, Mississippi; Pensacola, Florida; and
Saint Inigoes, Maryland). We request comment on what actions we should
take to promote the ability of new services to co-exist with these
radars. Also, given the need to protect adjacent band FSS earth station
reception, we request comment on whether the out-of-band emissions
limit of 43 + 10 log (P) dB should be applied to the proposed fixed
service allocation. In addition, we request comment on whether Very
Small Aperture Terminals (``VSATs'') should be precluded from operating
in spectrum immediately adjacent to the new fixed service allocation,
perhaps by requiring a 3.5-meter diameter minimum antenna size for
earth stations licensed to receive the 3700-3720 MHz segment.
9. As part of our evaluation of the 3650-3700 MHz band for the
proposed fixed service, we are cognizant of the need to protect earth
station reception of very weak signals transmitted by geostationary
orbit FSS satellites in the band. We are disinclined, however, to apply
to this band the spectrum sharing criteria now used in the adjacent
3700-4200 MHz band. In particular, we note that the maximum equivalent
isotropically radiated power limit now employed for long-haul fixed
point-to-point transmissions in the 3700-4200 MHz band--55 dBW per
polarization--appears inappropriate for short-haul fixed point-to-
multipoint services that licensees may wish to provide in the 3650-3700
MHz band. Specifically, we observe that high-power, fixed point-to-
point operations co-exist with C-band earth stations because of the
extremely large coordination distances employed in siting new
facilities; but these coordination distances may unnecessarily
constrain the deployment in the band of fixed links that require less
power. For instance, one frequency coordinator, Comsearch, requires
coordination of all new C-band microwave stations that would be located
within a 125-mile radius around any FSS earth station operating in C-
band. This coordination method, however, appears too onerous for other
fixed services that could use the 3650-3700 MHz band. Instead, if
appropriately more restrictive power limits were imposed on some fixed
service uses of this band, e.g., FWA, we believe that the viability of
these services in the band would be unaffected and that the
coordination distance requirement could be significantly reduced. For
example, we could subject certain fixed stations transmitting in the
3650-3700 MHz band to power limits similar to those now employed for
Broadband PCS, i.e., a base station height/power limit of 1640 watts
peak e.i.r.p. with an antenna height up to 300 meters (984 feet). We
request comment on this issue, and on the appropriate coordination
distances needed to protect in-band FSS earth station reception if the
above height/power limit and the associated height/power reduction
table are ultimately adopted. Commenters should address how the choice
of technical parameters affects the viability in the band of various
fixed services and their ability to coordinate or share spectrum with
FSS earth stations.
B. Other Services
10. FSS. In order to preserve the availability of the 3650-3700 MHz
band for the proposed fixed service, license applications for new earth
stations, major amendments to pending earth station facilities
applications,1 or
[[Page 2464]]
applications for major modifications to existing earth station
facilities 2 filed on or after December 18, 1998, the
release date of the Notice of Proposed Rule Making and Order will not
be accepted. The imposition of this interim change in application
processing is procedural in nature and, therefore, not subject to the
notice and comment and effective date requirements of the
Administrative Procedure Act (``APA''). In addition, we find good cause
for imposing immediately this processing change without following these
APA requirements because the changes are necessary to preserve the
status quo availability of the spectrum for terrestrial wireless
services pending the Commission's ultimate determination in this
proceeding.3 Also, in order to permanently implement this
action, we propose to add to the United States Table of Frequency
Allocations a new non-Government footnote, which would read as follows:
\1\ See 47 CFR 25.116(b)(1),(4). Major amendments resulting from
ownership changes or arising under our environmental processing rule
may still be filed and will be accepted. See 47 CFR
25.116(b)(2),(3).
\2\ See 47 CFR 25.117. Modifications not requiring prior
authorization pursuant to 47 CFR 25.118 would be unaffected.
\3\ See 5 U.S.C. 553 (b) and (d).
In the 3650-3700 MHz band and for the fixed-satellite service
(space-to-Earth), license applications for new earth stations, major
amendments to pending earth station facilities applications, or
applications for major modifications to existing earth station
facilities filed on or after December 18, 1998 shall not be
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accepted.
We request comment on this proposal, including on how it affects the
ability of FSS licensees to satisfy the demand for international
intercontinental downlink capacity in this region of the spectrum. In
addition, we seek comment on alternative methods to meet the
terrestrial fixed service's needs in the 3650-3700 MHz band while
minimizing the effect on FSS operations. Commenters should provide
detailed supporting engineering data and analysis in support of their
positions.
11. We also seek comment on whether the FSS allocation in the band
should be deleted. If so, we seek comment on whether we should propose
to grandfather the existing earth stations operating in the band, or
allow new fixed service licensees to have the right to require
grandfathered earth stations to vacate the band, subject to
reimbursement in a manner consistent with the Commission's Emerging
Technologies, see ET Docket No. 92-9, First Report and Order and Third
Notice of Proposed Rulemaking, 7 FCC Rcd 6886 (1992), 57 FR 49020,
October 29, 1992, relocation policies, or whether, in any event, the
allocation status of these earth stations should be changed to
secondary after a specified time period, for example, 10 years.
12. Commercial Radar. Also in order to preserve the availability of
this spectrum for the proposed fixed service, we propose to delete the
unused secondary non-Government radiolocation service allocation at
3650-3700 MHz. We note that there would remain 550 megahertz of
secondary non-Government radiolocation service spectrum at 3100-3650
MHz, which we believe is adequate to accommodate current and future
non-Government radiolocation services in this frequency range. Further,
because we anticipate that the 3650-3700 MHz band is likely to be
intensively utilized by the fixed service, deleting this radiolocation
allocation would eliminate potential interference problems between
these services. We seek comment on this proposal.
13. Government Operations. We propose to delete the Government
radiolocation service allocation from the 3650-3700 MHz mixed-use band,
except for grandfathering three Government radiolocation sites that
would continue operations in the band. This proposal would be
implemented by adding a new United States footnote to the Table of
Frequency Allocations, which would read as follows:
In the 3650-3700 MHz band, after January 1, 1999, Government
operations in the radiolocation service may continue on a primary
basis at three sites: Pascagoula, Mississippi (30 deg. 22' North
Latitude, 88 deg. 29' West Longitude); Pensacola, Florida (30 deg.
21' 28'' North Latitude, 87 deg. 16' 26'' West Longitude); and Saint
Inigoes, Maryland (38 deg. 10' North Latitude, 76 deg. 23' West
Longitude). The Commission shall coordinate non-Government fixed
stations within 80 kilometers of the grandfathered sites on a case-
by-case basis with NTIA through the Frequency Assignment
Subcommittee. Naval vessels shall not transmit in the 3650-3700 MHz
band until the vessel is at least [distance to be determined]
4 nautical miles off the coasts of the United States,
Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa.
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\4\ The Commission and NTIA are discussing this issue in the
coordination process. We anticipate adopting the distance developed
in the coordination process in the Report and Order in this
proceeding.
In addition, we propose to delete the unused Government aeronautical
radionavigation service (ground-based) allocation from the band. We
seek comment on these proposals.
C. Possibility of Land Mobile Use
14. We observe that in ITU Region 2 (the Americas) the 3650-3700
MHz band is also allocated to the mobile except aeronautical mobile
service on a primary basis. We have considered whether to propose
domestic adoption of this allocation, i.e., an allocation in the United
States for land mobile and maritime mobile uses, but not for
aeronautical mobile use. We are aware of the difficulties of sharing
spectrum between low-power FSS satellite signals and mobile units.
Thus, the Commission has traditionally licensed satellite downlinks in
bands that are not used by mobile units. Additionally, during the
coordination process, NTIA indicated that mobile service operations
within 80 kilometers of the three grandfathered sites should be
prohibited in order to protect the low-level radar return signals. In
this instant proceeding, we tentatively find that allocating the 3650-
3700 MHz band to the fixed service only, and not to the land mobile
service, would better protect incumbent Government radar operations and
non-Government FSS reception from harmful interference. We request
comment on this conclusion and, alternatively, on whether we should
allocate the 3650-3700 MHz band to the land mobile service. Commenters
supporting a land mobile service allocation should submit detailed
supporting engineering data and analysis.
D. Receiver Standards
15. We decline to propose the transmitter emission and receiver
selectivity standards that NTIA requested in the Final Report because
we continue to believe that this matter is best left to market forces.
Specifically, we believe that, by making the appropriate technical
information available to manufacturers, they will, as a matter of
course, take into account the electromagnetic environment when
designing and building equipment for the 3650-3700 MHz
band.5 This process, we believe, is most likely to encourage
the development and implementation of innovative technology that will
promote coexistence with high-powered in-band
[[Page 2465]]
and adjacent band Government radar operations. We request comment on
our proposal.
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\5\ We are working closely with NTIA to make available the
information that potential non-Government licensees will need in
order to evaluate the viability of new commercial services in the
3650-3700 MHz band. Specifically, we intend to obtain (1) the
coordinates of those geographic areas that would be affected by
Government systems (assuming signal line-of-sight propagation for an
effective 4/3 Earth radius); and (2) the equipment operating
characteristics of the Government systems, including the values of
radar broadband transmit noise, the radar's e.i.r.p. and spectral
characteristics of the e.i.r.p. as a function of frequency. Once
NTIA has provided this information, Commission staff will plot the
impacted areas and we will make this information available to the
public.
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E. RF Safety
16. With regard to RF safety requirements, we propose to treat
stations operating in the 3650-3700 MHz band in a comparable manner to
other services and devices that have similar operating characteristics.
Sections 1.1307(b), 2.1091, and 2.1093 of our rules list the services
and devices for which an environmental evaluation must be performed.
Accordingly, we propose that an environmental evaluation for RF
exposure would be required for the following operations: (1) Fixed
stations and base stations (if land mobile operations are permitted)
that have an e.i.r.p. greater than 1640 watts; and, (2) land mobile
stations (if land mobile operations are permitted), including portable
devices, that have operating characteristics or functions similar to
cellular, PCS or ``covered'' SMR services, i.e., operations that are
typified by long periods of use or are interconnected to the public
switched telephone network. We invite comment on this proposal and
welcome the submission of alternative proposals that would ensure
public safety with respect to exposure to RF radiation.
17. Accordingly, it is ordered that, pursuant to sections 4(i),
7(a), 303(c), 303(f), 303(g), and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), and
303(r), the Notice of Proposed Rule Making and Order is adopted.
18. It is further ordered that, in the 3650-3700 MHz band and for
the fixed-satellite service (space-to-Earth), license applications for
new earth stations, major amendments to pending earth station
applications, or applications for major modifications to existing earth
station facilities filed on or after December 18, 1998 shall not be
accepted.
19. It is further ordered that, in accordance with section 603(a)
of the Regulatory Flexibility Act, 5 U.S.C. 603(a), the Office of
Public Affairs, Reference Operations Division, shall send a copy of the
Notice of Proposed Rule Making and Order, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
Initial Regulatory Flexibility Analysis
20. As required by the Regulatory Flexibility Act
(``RFA''),6 the Commission has prepared an Initial
Regulatory Flexibility Analysis (``IRFA'') of the possible significant
economic impact on small entities by the policies and rules proposed in
the Notice of Proposed Rule Making and Order (ET Docket No. 98-237).
Written public comments are requested on this IRFA. Comments must be
identified as responses to the IRFA and must be filed by the deadlines
for comments on this Notice of Proposed Rule Making and Order. The
Office of Public Affairs, Reference Operations Division, shall send a
copy of the Notice of Proposed Rule Making and Order, including the
Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration. See 5 U.S.C. 603(a). The
Notice of Proposed Rule Making and Order and the IRFA will be published
in the Federal Register.
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\6\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-121, 110 Stat. 847 (1996) (``CWAAA'') Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (``SBREFRA'').
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Need for and Objectives of the Proposed Rules
21. This Notice proposes to allocate the 3650-3700 MHz band to the
fixed service on a primary basis. We take this action on our own
initiative in order to make this transfer spectrum available for
commercial services. The adoption of this proposal would accommodate
growing demand for fixed services.
Legal Basis
22. This action is taken pursuant to sections 4(i), 7(a), 303(c),
303(f), 303(g), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), and 303(r).
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
23. The RFA generally defines the term ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' 7
For the purposes of this Notice, the IRFA defines a ``small business''
to be the same as a ``small business concern'' under the Small Business
Act,8 unless the Commission has developed one or more
definitions that are appropriate to its activities.9 Under
the Small Business Act, a ``small business concern'' is one that: (1)
is independently owned and operated; (2) is not dominant in its field
of operation; and (3) meets any additional criteria established by the
Small Business Administration (``SBA'').10
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\7\ Id. Sec. 601(6).
\8\ 15 U.S.C. 632.
\9\ See 5 U.S.C. 601(3) (incorporating by reference the
definition of ``small business concern'' in 5 U.S.C. 632).
\10\ 15 U.S.C. 632.
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24. The Commission has not developed a definition of small entities
applicable to Fixed Satellite Service licensees. Therefore, the
applicable definition of small entity is the definition under the SBA
rules applicable to Communications services, Not Elsewhere Classified.
This definition provides that a small entity is one with no more than
$11.0 million in annual receipts.11 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.12 We note that new services will
be permitted under the adopted designations for FSS, and we are unable
at this time to provide a more precise estimate of how many potential
small entities will be providing these services.
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\11\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
\12\ 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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25. As described, the designations we hereby adopt will permit
wireless services, as broadly defined. Neither the Commission nor the
SBA has developed a definition of small entities applicable to wireless
services licensees. Therefore, the applicable definition of small
entity is the definition under the SBA rules applicable to
radiotelephone (wireless) companies. This provides that a small entity
is a radiotelephone company employing no more than 1,500
persons.13 According to the Bureau of the Census, only
twelve radiotelephone firms out of a total of 1,178 such firms which
operated during 1992 had 1,000 or more employees.14 We note
that new services will be permitted under the adopted designations for
wireless services, and we are unable at this time to provide a more
precise estimate of how many potential small entities will be providing
these services.
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\13\ 13 CFR 121.201, SIC code 4812.
\14\ 1992 Census, Series UC92-S-1, at Table 5, SIC code 4812.
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26. The Commission has not yet determined or proposed how many
licenses will be awarded, nor will it know how many licensees will be
small businesses until the auction, if required, is held. Even after
that, the Commission will not know how many licensees will partition
their license areas or
[[Page 2466]]
disaggregate their spectrum blocks, if partitioning and disaggregation
are allowed. This proceeding proposes only to allocate the 3650-3700
MHz band to the non-Government fixed service generally. A future
proceeding will address service rules specifically, and we will address
small business concerns at that time. We invite comment on this
analysis.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
27. Rules that may apply to the licensing of these operations or
other operating requirements will likely be addressed in a separate
rule making proceeding and any reporting, recordkeeping and other
compliance requirements will be addressed therein.
Significant Alternatives to Proposed Rules Which Minimize Significant
Economic Impact on Small Entities and Accomplish Stated Objectives
28. No Petitions for Rulemaking were filed to initiate this
proceeding and there are no comments in this proceeding that suggest
alternatives to this proposed allocation and associated technical
requirements. We request comment on alternatives that might minimize
the amount of economic impact on small entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
29. None.
List of Subjects in 47 CFR Part 2
Communications equipment, reporting and recordkeeping requirements.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-837 Filed 1-13-99; 8:45 am]
BILLING CODE 6712-01-U