[Federal Register Volume 64, Number 154 (Wednesday, August 11, 1999)]
[Proposed Rules]
[Pages 43643-43646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20692]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket 99-261; FCC 99-183]


50.2-71 GHz Realignment

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the United States Table of 
Frequency Allocations with respect to the 50.2-50.4 GHz and 51.4-71.0 
GHz bands. The allocations proposed in this instant proceeding would 
provide additional spectrum to the inter-satellite service (``ISS'') 
and to the fixed and mobile services while continuing to provide an 
acceptable environment for passive spaceborne sensor measurements of 
atmospheric temperature.

DATES: Comments must be filed on or before September 7, 1999, and reply 
comments must be filed on or before September 22, 1999.

ADDRESSES: Address all comments concerning this proposed rule to the 
Commission's Secretary, Magalie Roman Salas, Office of the Secretary, 
Federal Communications Commission, 445 12th Street S.W., Washington, 
D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, (202) 418-2450, TTY (202) 418-2989, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket 99-261, FCC 99-183, adopted July 16, 
1999, and released July 23, 1999. The full text of this document is 
available for inspection and copying during regular business hours in 
the FCC Reference Center (Room TW-A306), 445 12th Street S.W., 
Washington, DC. The complete text of this document also may be 
purchased from the Commission's duplication contractor, International 
Transcription Service, Inc., (202) 857-3800, 1231 20th Street, NW, 
Washington, DC 20036.

Summary of Notice of Proposed Rulemaking

    1. We propose:
     To provide a net gain of 900 megahertz of spectrum 
allocated on a primary basis for non-Government ISS by allocating the 
65-71 GHz band to that service and by deleting non-Government ISS 
allocations from the 56.9-57.0 GHz and 59-64 GHz bands;
     To allocate the 64-65 GHz band to the Government ISS on a 
primary basis;
     To require that the existing Government and non-Government 
ISS allocations in the 54.25-56.90 GHz and 57.0-58.2 GHz bands and the 
existing Government ISS allocation in the 59.0-59.3 GHz band be used 
exclusively for geostationary satellite-to-geostationary satellite 
communications, subject to a power flux-density (``p.f.d.'') limit 
designed to protect passive sensor operations;
     To provide a net gain of 2.27 gigahertz of spectrum 
allocated on a primary basis for Government and non-Government fixed 
and mobile services by allocating the 51.4-52.6 GHz, 58.2-59.0 GHz, and 
64-65 GHz bands to these services, by deleting the unused fixed and 
mobile service allocations from the 50.2-50.4 GHz and 54.25-55.78 GHz 
bands, and by upgrading the allocation status of these services in the 
65-66 GHz band from secondary to primary;
     To specify that the 57-59 GHz and 64-66 GHz bands will be 
available for use by Government and non-Government unlicensed devices; 
and
     To allocate the 59.0-59.3 GHz band to the Government and 
non-Government earth exploration-satellite (passive) and space research 
(passive) services and to delete unneeded passive sensor allocations 
from the 51.4-52.6 GHz and 64-65 GHz bands.
    2. The proposals are part of the Commission's continuing effort to 
facilitate the commercialization of ``millimeter wave'' spectrum, and 
are consistent with the international allocation changes that the 
United States sought and obtained for this frequency range at the 1997 
World Radiocommunication Conference (``WRC-97''). Adoption of these 
proposals would allocate the spectrum that Government and non-
Government satellite users require to interconnect their satellites 
within their respective networks. More specifically, the ISS proposals 
are expected to provide a wide range of fixed-satellite service 
(``FSS'') and mobile-satellite service systems, including both 
geostationary orbit (``GSO'') and non-geostationary orbit (``NGSO'') 
systems, with the additional spectrum needed to complete their end-to-
end communications service. For example, using the ISS allocations 
proposed, Ka-band FSS licensees could inter-link their broadband 
multimedia satellites, thereby permitting the provision of innovative 
high-speed Internet-like services on a regional and global basis. Our 
proposals also provide the spectrum that new licensed fixed and mobile 
services and unlicensed devices are anticipated to require. For 
example, Personal Communication Service (``PCS'') and cellular 
licensees could use unlicensed spectrum in the 57-59 GHz frequency 
range to connect nearby base stations to one another, which would be 
especially useful in high-density urban areas. We tentatively find that 
these additional allocations can be made while, at the same time, 
ongoing passive sensor operations--used to obtain weather and climate 
data in all weather conditions--are fully protected. We also 
tentatively find that these proposals would further our efforts towards 
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.''

Inter-Satellite Service

    3. We propose, in accordance with international allocation 
decisions taken at WRC-97, to allocate the 64-71 GHz band to the ISS 
domestically. We tentatively find that the feasibility of ISS and 
existing services sharing the 64-71 GHz band has been clearly shown by 
various studies. At the request of NTIA, we further propose to delete 
the non-Government ISS allocation from the 56.9-57.0 GHz and 59-64 GHz 
bands and to allocate the 64-65 GHz segment for exclusive Government 
ISS use and the 65-71 GHz segment for exclusive non-Government ISS use. 
This domestic allocation split addresses two concerns.

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First, there is a well-established and pressing demand for commercial 
inter-satellite link spectrum, which we believe necessitates a 
substantial ISS allocation that can be used by all commercial satellite 
systems. Furthermore, although commercial systems have requested 
spectrum below 65 GHz, NTIA asserts that Federal Government ISS 
operations in the 59-64 GHz band are not compatible with proposed 
commercial ISS uses of this band. Second, an allocation at 64-65 GHz 
for Government only use would compensate Federal users for the loss of 
flexibility in the 59-64 GHz ISS band that will occur as a result of 
the WRC-97 decision to limit the use of the 59.0-59.3 GHz band to 
geostationary satellite-to-geostationary satellite communications. The 
net result of these proposals is that commercial satellite operators 
would have exclusive use of 6 gigahertz of primary ISS spectrum at 65-
71 GHz and Federal agencies would have exclusive use of 6.1 gigahertz 
of primary ISS spectrum at 56.9-57.0 GHz and 59-65 GHz. We observe that 
the shared and commercial exclusive ISS spectrum could be used, for 
example, by Ka-band licensees for satellite-to-satellite 
communications, making their systems more efficient and enabling them 
to provide some of the advanced telecommunications capabilities that 
section 706 of the Communications Act envisions.
    4. We also propose to adopt international footnote S5.556A 
domestically. This footnote limits use of the 54.25-56.90 GHz, 57.0-
58.2 GHz, and 59.0-59.3 GHz ISS bands to GSO satellite transmissions 
that comply with a maximum p.f.d. limit at altitudes of 1000 kilometers 
(approximately 621.4 miles) or less above the Earth's surface of -147 
dBW per square meter per 100 megahertz for all angles of arrival. This 
proposal reflects the results of studies that have shown these 
technical restrictions to be necessary to prevent ISS transmissions in 
these bands from causing harmful interference to passive sensor 
reception in the 54.25-58.20 GHz band. We tentatively find that, 
although adoption of footnote S5.556A explicitly precludes NGSO 
networks from accessing this 4.15 gigahertz of ISS spectrum, the 6 
gigahertz we are proposing to allocate at 65-71 GHz for exclusive 
commercial use is sufficient to accommodate all pending requests by 
NGSO licensees for ISS spectrum. We request comment on this tentative 
conclusion.
    5. With regard to the 56.9-57.0 GHz band, we observe that WRC-97 
limited ISS use of this spectrum through footnote S5.558A, which 
permits only GSO inter-satellite links and transmissions from NGSO 
satellites in high-Earth orbit to those in low-Earth orbit. However, 
Federal agencies, which currently operate in the band, have determined 
that these restrictions must be loosened slightly by also permitting 
transmissions between satellites in geostationary orbit and those in 
high-Earth orbit and between satellites in geostationary orbit and 
those in low-Earth orbit. Since we have previously proposed that the 
use of the ISS allocation in the 56.9-57.0 GHz band be limited 
exclusively to Federal agencies, this expanded use would be authorized 
under a new Government footnote. We request comment on all of the above 
proposals.

Fixed and Mobile Services/Unlicensed Devices

    6. We propose to allocate the 51.4-52.6 GHz and 58.2-59.0 GHz bands 
to Government and non-Government fixed and mobile services on a primary 
basis. We also propose to make the 64-66 GHz band available to the 
Government and non-Government fixed and mobile (except aeronautical 
mobile) services on a primary basis by allocating the 64-65 GHz segment 
for these purposes and by upgrading the status of the secondary fixed 
and mobile services in the 65-66 GHz segment. In order to protect 
ongoing passive sensor reception in the 50.2-50.4 GHz and 54.25-55.78 
GHz bands from future disruption, we propose to delete the unused 
Government and non-Government fixed and mobile service allocations from 
these bands. We also propose to delete the requirement that 
aeronautical mobile station transmissions not cause harmful 
interference to ISS operations in the 54.25-55.78 band and to add this 
requirement in the 66-71 GHz band. Finally, we observe that any future 
land mobile services in the 66-71 GHz band will be required to protect 
the new non-Government ISS service--as well as the existing space 
radiocommunication services--from harmful interference.
    7. These fixed and mobile service proposals have been enabled by: 
(1) NTIA's finding that the 51.4-52.6 GHz and 64-65 GHz bands are no 
longer required for Government passive sensor operations, and (2) ITU-R 
studies that have shown that passive sensors can share with fixed and 
mobile services at frequencies above 55.78 GHz due to the high 
atmospheric attenuation that exists. These studies found that, at lower 
frequencies, undesirable constraints would be required on the fixed and 
mobile services and the meteorological community would still receive 
interference that could effect weather forecasts and give false results 
to measurements of warming of the Earth. Thus, our related proposal to 
delete the fixed and mobile service allocations from the 50.2-50.4 GHz 
and 54.25-55.78 GHz bands will provide exclusive spectrum for the 
measurement of atmospheric temperature using passive spaceborne sensors 
in bands where sharing with other services is not feasible. In sum, 
these proposals, if adopted, would result in a net gain of 2.27 
gigahertz of primary spectrum for fixed and mobile services, while 
eliminating the need for constraints on the parameters of fixed and 
mobile systems since these services would not share allocations with 
the passive services below 55.78 GHz. We request comment on all of the 
above proposals.
    8. We also observe that WRC-97 adopted new footnote S5.547, which 
makes the 51.4-52.6 GHz, 55.78-59.00 GHz and 64-66 GHz bands 
``available for high-density applications in the fixed service'' 
(``HDFS''). We request comment on whether footnote S5.547 should be 
adopted domestically, what the ramifications of such an action would 
be, and whether, in order to assure spectrum availability for HDFS, the 
bands should not be allocated to the mobile service.
    9. Unlicensed Devices. In 1996, we made the 59-64 GHz band 
available for unlicensed devices under part 15 of Commission's Rules. 
We observe that the 55.78-59 GHz and 64-66 GHz bands are adjacent to 
this unlicensed band, that both of these bands would, if our proposals 
are adopted, be allocated to the fixed and mobile services on a primary 
basis, and that, furthermore, both of these bands could be made 
available for use by HDFS.
    10. We also observe that the European Radiocommunications Committee 
has adopted a Recommendation entitled ``Radio Frequency Channel 
Arrangement for Fixed Services Operating in the Band 57.0-59.0 GHz 
Which Do Not Require Frequency Planning,'' but that this Recommendation 
has not yet been implemented. This Recommendation states, inter alia, 
``that the high frequency reuse achievable in the oxygen absorption 
band reduces the requirement for frequency planning techniques and 
offers the possibility of deregulated telecommunications environment 
within CEPT [the European Conference of Postal and Telecommunications 
Administrations] for various low power, low cost and short range radio-
relays.'' In addition, it is our understanding that there are ongoing 
discussions in Europe concerning unlicensed broadband HDFS

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use of the 57-59 GHz band. We anticipate a similar need in the United 
States. Specifically, we believe that PCS, cellular, and other mobile 
service licensees will require unlicensed spectrum in the 57-59 GHz 
frequency range to connect nearby base stations to one another, 
especially in high-density urban areas, i.e., ``hot spots.''
    11. We tentatively find that the 57-59 GHz and 64-66 GHz bands are 
well suited for use by unlicensed devices, and accordingly, we propose 
to make these bands available for use by unlicensed devices under part 
15 of Commission's Rules. We base this proposal on the propagation 
characteristics of the bands, and on the technical material previously 
presented by the Millimeter Wave Communications Working Group in the 
Above 40 GHz proceeding. We tentatively find that licensing is not 
necessary because of the limited potential for interference due to 
oxygen absorption and the narrow beamwidth of point-to-point antennas 
likely to be operating in this range. We also tentatively find that 
low-power unlicensed use of 57-59 GHz and 64-66 GHz bands is an ideal 
use of this Government/non-Government shared spectrum because this 
proposed use further reduces the chance of harmful interference to in-
band sensors. We request comment on these proposals. We also request 
comment on whether the 55.78-57.00 GHz segment should be made available 
for use by unlicensed devices or whether this segment should be made 
available for licensed fixed and mobile services.
    12. We are not proposing technical rules for unlicensed use of the 
57-59 GHz and 64-66 GHz bands in this proceeding, except that operation 
in the 57-59 GHz band would not be permitted on aircraft or satellites. 
Instead, we intend to initiate a separate rulemaking to address 
appropriate technical rules. Nonetheless, we invite comment looking 
toward this further rulemaking on the technical rules needed for the 
spectrally efficient operation of unlicensed devices in these band. For 
example, should we simply employ the existing technical rules and 
etiquette from the 59-64 GHz band throughout an extended 57-66 GHz 
unlicensed band, or should we develop different technical rules for the 
57-59 GHz and 64-66 GHz bands? If we adopt different technical rules, 
should either of the bands be channelized, and should the use of 
listen-before-transmit etiquette be required on all or some of these 
channels? We request comment on all of the above proposals.

Passive Sensors

    13. Satellite-borne passive microwave sensors are used to obtain 
atmospheric temperature profiles that are of utmost importance to 
weather forecasting and to climate studies, and these sensor 
measurements can only be obtained in the vicinity of unique molecular 
oxygen resonance frequencies located between 50 GHz and 70 GHz. WRC-97 
allocated the 59.0-59.3 GHz band to the earth exploration-satellite 
(passive) and space research (passive) services on a primary basis and 
deleted unneeded earth exploration-satellite (passive) and space 
research (passive) service allocations from the 51.4-52.6 GHz and 64-65 
GHz bands. WRC-97 also modified the text of footnote 907 (re-numbered 
as footnote S5.340) in order to delete the prohibition on emissions 
from the 51.40-54.25 GHz, 58.2-59.0 GHz, and 64-65 GHz bands and to add 
the prohibition on emissions to the 50.2-50.4 GHz and 52.60-54.25 GHz 
bands. In order to implement domestically the WRC-97 revision of 
footnote S5.340, NTIA requests that the text of footnote US246 be 
modified to reflect these international rule changes. Similarly, NTIA 
requests that the text of footnote US263 be modified to specify that 
passive sensor operations in the 56.26-58.20 GHz band (rather than the 
50.2-50.4 GHz and 54.25-58.20 GHz bands) will not receive protection 
from fixed and mobile services operating in accordance with the Table 
of Frequency Allocations. We agree that these WRC-97 amendments and the 
consequential changes to United States footnotes adequately provide for 
passive sensor operations and therefore propose to implement these 
changes domestically. We request comment on all of the above proposals.

Other Matters

    14. Internationally, radio astronomy observations may be carried 
out under national arrangements in the 51.40-54.25 GHz, 58.2-59.0 GHz, 
and 64-65 GHz bands per footnote 906 (revised and re-numbered as 
footnote S5.556). In the United States, these bands are allocated to 
the Government and non-Government radio astronomy (``RA'') service on a 
primary basis. Recently, the coordinator for Task 2 of ITU-R Joint 
Rapporteurs Group 7D-9D stated that:

there is no known usage of [the 51.4-52.6 GHz, 55.78-59.00 GHz, and 
64-66 GHz bands] by the RA community (potentially due to atmospheric 
absorption) and no studies on potential sharing have been done to 
date. Even if radio astronomical use were to develop, there should 
not be any problems with radio astronomy stations sharing [these] 
band[s] with HDFS since RA use of these bands must already be 
coordinated with the fixed service within individual 
Administrations. Therefore, sharing between HDFS and RA is a 
domestic issue.

NTIA requests that the radio astronomy service allocation be deleted 
from the 51.40-54.25 GHz and 64-65 GHz bands and that international 
footnote S5.556 be added to these bands. NTIA did not propose any 
change to the radio astronomy service allocation at 58.2-59.0 GHz. We 
tentatively find that radio astronomy use of the 51.40-54.25 GHz and 
64-65 GHz bands is a domestic issue that is best authorized under a 
national arrangement. Accordingly, we propose to delete radio astronomy 
service allocation from the 51.40-54.25 GHz and 64-65 GHz bands and to 
add international footnote S5.556 to these bands. We solicit comment on 
these proposals and on the specifics of such national arrangements. For 
example, should RA observatories that may need protection in the future 
be listed in a US footnote?
    15. Finally, we propose to correct a typographical error in the 
Allocation Table by adding a reference to footnote S5.559 in the 59-64 
GHz band. This reference has inadvertently been dropped from the Table.
    16. Initial Regulatory Flexibility Analysis. Section 603 of the 
Regulatory Flexibility Act, as amended,1 requires that the 
Commission prepare an Initial Regulatory Flexibility Analysis in notice 
and comment rulemaking proceedings, unless we certify that ``the rule 
will not, if promulgated, have a significant economic impact on a 
significant number of small entities.'' 2 In this Notice of 
Proposed Rule Making, we propose, inter alia, to reallocate spectrum 
that will result in net gain of 2.27 gigahertz of primary spectrum for 
fixed and mobile services, and to also designate 4 gigahertz of 
spectrum at 57-59 GHz and 64-66 GHz for unlicensed devices. We believe 
that this net increase in fixed and mobile spectrum and the designation 
of new unlicensed bands will provide new opportunities for small 
entities, without any known harmful effects. Accordingly, we hereby 
certify that the proposed reallocations will not, if promulgated, have 
significant economic impact on a significant number of small entities. 
The Secretary shall send a copy of this Notice of Proposed Rule Making, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration in accordance

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with section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 603(a).
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    \1\ See 47 U.S.C. 603.
    \2\ Id. at Sec. 605(b).
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    17. Ex Parte Rules--Permit-But-Disclose Proceedings. This is a 
permit-but-disclose notice and comment rule making proceeding. Ex parte 
presentations are permitted, except during any Sunshine Agenda period, 
provided they are disclosed as provided in the Commission's rules. See 
generally 47 CFR 1.1202(a), 1.1203, and 1.1206.

List of Subjects in 47 CFR Part 2

    Comunications equipment, radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-20692 Filed 8-10-99; 8:45 am]
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