[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Proposed Rules]
[Pages 38333-38334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14902]



  Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / 
Proposed Rules  

[[Page 38333]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 24, 25, 74, 78, 90 and 101

[WT Docket No. 00-19; RM-9418; FCC 00-33]


Point-to-Point and Point-to-Multipoint Common Carrier and Private 
Operational Fixed Microwave Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to eliminate 
regulations that are duplicative, outmoded, or otherwise unnecessary. 
Similarly, the Commission proposes to consolidate and/or streamline 
rules concerning wireless radio services to remove duplication. We seek 
to further the work begun by the consolidation of parts 21 and 94 into 
a single part 101 Order in our implementation of a Universal Licensing 
System (ULS) for wireless application. The new consolidated part 101 
reduces or eliminates the differences in processing applications from 
common carriers and private operational fixed microwave service 
licensees, and furthers regulatory parity between these microwave 
services.
    Once fully deployed, the ULS will eliminate the need for wireless 
carriers to file duplicative applications, and will increase the 
accuracy and reliability of licensing information.

DATES: Comments are due July 20, 2000. Reply Comment August 4, 2000. 
Comments to be filed in WT Docket No. 00-19 and RM-9418 only.

ADDRESSES: Send comments to the Office of the Secretary, a copy of any 
comments on the information collection(s) contained herein should be 
submitted to Judy Boley, Federal Communications Commission, Room 1-
C804, 445 12th Street, SW, Washington, DC 20554, or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Michael J. Pollak, Policy and Rules 
Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION:
    1. This is a summary of the Commission's Notice of Proposed Rule 
Making, FCC 00-33 in WT Docket No. 00-19, adopted February 2, 2000, and 
released on February 14, 2000. The full text of this Notice of Proposed 
Rule Makingis available for inspection and copying during normal 
business hours in the FCC Reference Center, Room CY-A257, 445 12th 
Street, SW, Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, NW, Washington, DC 20037. The full text may 
also be downloaded at: www.fcc.gov. /Bureaus/Wireless/Orders/2000/
FCC0033.doc/FCC0033.txt/FCC0033a.doc/FCC0033a.txt. Alternative formats 
are available to persons with disabilities by contacting Martha Contee 
at (202) 418-0260 or TTY (202) 418-2555.

Summary of the Notice of Proposed Rule Making

    2. Specifically, we seek comment on the following issues:
     Grandfathering certain POFS licensees who formerly carried 
private traffic now classified as common carrier traffic, or 
eliminating the prohibition on POFS licensees offering common carrier 
services;
     Revising parts 74, 78, 90, and 101 for shared use of 
certain frequency bands;
     Removing several unnecessary or redundant sections of the 
rules concerning forms, notifications, and technical standards;
     Clarifying conditional operations in the four low power 
frequency pairs in the 23 GHz band in Sec. 101.31(b)(vii);
     Updating the transmitter frequency tolerance table 
inSec. 101.107, and correcting and clarifying other minor technical 
rules;
     Allowing conditional operation in the 952.95-956.15 and 
956.55-959.75 MHz bands.
    3. We note that some of the proposed rule changes are procedural in 
nature, and thus are exempt from notice and comment requirements 
pursuant to section 553(b)(3)(A) of the Administrative Procedure Act. 
However, as a result of the consolidation of parts 21 and 94, we 
realize that the combination of common carrier and private microwave 
rules and procedures requires a period of adjustment. We believe that 
this approach will afford the public an opportunity to provide feedback 
on how these adjustments are succeeding or failing.
    4. We also address a Petition for Rulemaking filed by the 
Telecommunications Industry Association (TIA). The TIA Petition focuses 
on permitting conditional authorization in the 23 GHz band, making the 
23 GHz band more accessible to fixed service users, and modifying 
antenna standards for the 10 GHz and 23 GHz bands to allow for more 
hops and longer paths. TIA also proposes rule changes to part 74, 
Television Broadcast Auxiliary Service, to permit transport of digital 
transmissions over point-to-point microwave frequencies in that 
service. We seek comment on the following proposals regarding the 23 
GHz band:
     Permitting conditional licensing;
     Rechannelizing the band into 50, 40, 30, 20, 10, 5, and 
2.5 MHz channels;
     Permitting common carrier and POFS users to share the 
entire band;
     Changing the frequency tolerance to 0.001%;
     Requiring spectrum efficiency of one bit-per-second per 
Hertz (1 bps/Hz);
     Designating 200 MHz for low power, limited coverage 
systems;
     Modifying the antenna standards.
    We also seek comment regarding modifying the antenna standards in 
the 10 GHz band.
    5. In addition, we seek comment regarding whether, and how, our 
licensing approach in part 101 should be modified to implement the 
Balanced Budget Act of 1997 (Balanced Budget Act). We seek input on the 
best licensing structure to ensure that spectrum above the 2 GHz band 
is licensed efficiently and used in the public interest, including the 
following issues regarding whether we should substantially alter 
microwave licensing above 2 GHz in light of the Balanced Budget Act:
    We present several options for reinventing the licensing process 
for part 101 spectrum consistent with our auction procedures.
     We request comment on how to segregate exempted spectrum 
from the auctions process.
     We request comment on whether to require the licensees 
where we use geographic licensing to develop agreements between each 
other on how to utilize their spectrum, especially along the boundaries 
between areas and/or where there is line-of-sight into another area, to 
achieve the most efficient and effective use in each geographic area.
     We request comment about the possible technologies for 
terrestrial microwave users concerning a new proposal for frequency 
reuse in the 12.2.-12.7 GHz band.
     We request comment on whether it is appropriate to forbear 
from enforcing any provision of the Communications Act of 1934, as 
amended, or the Commission's rules with respect to part 101 services.
    In addition, we issued a Notice of Proposed Rule Making seeking 
comment on how to implement the Balanced Budget Act generally, but we 
did not

[[Page 38334]]

specifically address fixed microwave services in that proceeding. We 
will consider the record in both proceedings in deciding whether or how 
part 101 should be modified to conform to the Balanced Budget Act.

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 impact on small entities of the policies and 
rules proposed in this Notice of Proposed Rule Making (Notice). Written 
public comments are requested on the IRFA. Comments must be identified 
as responses to the IRFA and must be filed by the deadlines for 
comments on the Notice.

I. Need for and Objectives of the Proposed Rules

    This rulemaking is being initiated to apply certain licensing and 
service rules to new and existing fixed microwave licensees under part 
101 of the Commission's rules for the purpose of streamlining 
application preparation and processing time for the Commission and the 
industry. Our objectives are (1) to clarify the existing rules so they 
are easier to understand; (2) to facilitate the awarding of licenses to 
entities in a quicker manner; and (3) to eliminate unnecessary 
regulation.

II. Legal Basis

    The proposed action is authorized under the Administrative 
Procedure Act, 5 U.S.C. 553; and sections 1, 4(i), 7, 301, 303, 308, 
and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 157, 301, 303, 308, and 309(j).

III. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    The proposed rules would affect all common carrier and private 
operational fixed microwave licensees who are authorized under part 101 
of the Commission's rules. The Commission has not developed a 
definition of small entities applicable to these licensees. Therefore, 
the applicable definition of small entity is the definition under the 
Small Business Administration (SBA) rules for the radiotelephone 
industry, which provides that a small entity is a radiotelephone 
company employing fewer than 1,500 persons. The 1992 Census of 
Transportation, Communications, and Utilities, conducted by the Bureau 
of the Census, which is the most recent information available, shows 
that only 12 radiotelephone firms out of a total of 1,178 such firms 
which operated during 1992 had 1,000 or more employees. It is our 
understanding that these rule change will affect less than 1000 
entities, but that the effect will be to lessen time and input and 
thereby any costs associated with processing the applications. We seek 
comment on this analysis. In providing such comment, commenters are 
requested to provide information regarding how many total and small 
business entities would be affected.

IV. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    Under the proposals contained in the Notice, we are not changing or 
are reducing the amount of reporting, recordkeeping, and other 
compliance requirements. Applicants for licenses will be required to 
submit applications on FCC Form 601 to the Wireless Telecommunications 
Bureau as they do now. We request comment on how these requirements can 
be modified to reduce the burden on small entities and still meet the 
objectives of the proceeding.

V. Significant Alternatives Minimizing the Impact on Small Entities 
Consistent With the Stated Objectives

    We have reduced burdens wherever possible. The regulatory burdens 
we have retained, such as filing applications on appropriate forms, are 
necessary in order to ensure that the public receives the benefits of 
new and existing services in a prompt and efficient manner. We will 
continue to examine alternatives in the future with the objectives of 
eliminating unnecessary regulations and minimizing and significant 
economic impact on small entities. We seek comment on significant 
alternatives commenters believe we should adopt.
    Federal rules that overlap, duplicate, or conflict with these 
proposed rules. None.

VI. Paperwork Reduction Analysis

    This Notice of Proposed Rule Making contains either a proposed 
information collection. As part of our continuing effort to reduce 
paperwork burdens, we invite the general public and the Office of 
Management and Budget (OMB) to take this opportunity to comment on the 
information collections contained in this Notice, as required by the 
Paperwork Reduction Act of 1995, Public Law No. 104-13. Public and 
agency comments are due at the same time as other comments on this 
Notice of Proposed Rule Making; OMB comments are due 60 days from the 
date of publication of this Notice of Proposed Rule Making in the 
Federal Register. Comments should address:
     Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility.
     The accuracy of the Commission's burden estimates.
     Ways to enhance the quality, utility, and clarity of the 
information collected.
      Ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.

Ordering Clauses

    7. The authority contained in sections 1, 4(i), 7, 301, 303, 308, 
and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. 
sections 151, 154(i), 157, 161, 301, 303, 308, 332(a), and 332(c), this 
Notice of Proposed Rule Making in WT Docket No. 00-19 is adopted.
    8. The Commission's Office of Public Affairs, Reference Operations 
Division, shall send a copy of this Notice of Proposed Rule Making, 
including the Initial Regulatory Flexibility Analyses, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 24, 25, 74, 78, 90 and 101

    Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-14902 Filed 6-19-00; 8:45 am]
BILLING CODE 6712-01-P