[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Rules and Regulations]
[Pages 54155-54176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22238]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 21, 25, 74, 78 and 101

[IB Docket No. 98-172; FCC-00-212]


Redesignation of the 18 GHz Frequency Band, Blanket Licensing of 
Satellite Earth Stations in the Ka-band, and the Allocation of 
Additional Spectrum for Broadcast Satellite-Service Use

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document permits the efficient use of spectrum for 
existing and future users, and will facilitate the deployment of new 
services in the 18 GHz band. These designations will significantly 
reduce sharing in the 18 GHz band, and thereby eliminate the need for 
many existing coordination procedures, leading to lower transaction 
costs and more efficient use of the band. The relocation process will 
take significant effort and commitment on the part of both the space 
and terrestrial communities. This plan has the potential to provide 
consumers, both business and residential, with exciting new services in 
the years to come. The Office of Management and Budget has approved the 
information collection requirements of 47 CFR 25.145(g), which should 
have been effective on January 20, 1998. This document establishes that 
effective date.

DATES: 47 CFR 25.145(g) published at 62 FR 61448 was effective on 
January 20, 1998, following OMB approval of the information collection. 
This final rule is effective October 10, 2000. Written comments by the 
public on the new information collections are due November 6, 2000.

ADDRESSES: Office of the Secretary, 445 12th Street, SW., Washington, 
DC 20554.

FOR FURTHER INFORMATION CONTACT: Steven Selwyn, Planning & Negotiations 
Division, International Bureau, (202) 418-2160 or via electronic mail: 
[email protected]. In addition to filing comments with the Office of the 
Secretary, a copy of any comments on the information collections 
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].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in IB Docket No. 98-172, FCC 00-212, adopted June 8, 2000 and

[[Page 54156]]

released June 22, 2000. This R&O contains new information collections. 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collections contained in this R&O as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due November 6, 2000. Comments should address: (a) Whether the new 
or modified collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) 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.
    OMB Control Number: 3060-XXXX (new collection).
    Title: Redesignation of the 18 GHz Frequency Band, Blanket 
Licensing of Satellite Earth Stations in the Ka-band, and the 
Allocation of Additional Spectrum for Broadcast Satellite-Service Use.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 500.
    Estimated Time per Response: 1 to 4 hours.
    Frequency of Response: On occasion.
    Total Annual Burden: 553 hours.
    Total Annual Costs: $0.
    Needs and Uses: Information collection requirements contained in 
this collection will serve to enable the efficient use of spectrum for 
existing and future users. The information collection requirements will 
also help facilitate the negotiations process among entities for 
transition of the 18.58-19.3 GHz band from the terrestrial fixed 
services to fixed-satellite service.
    The full text of this Commission decision is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257) 445 12th Street, SW., Washington, DC 
and may also be purchased from the Commission's copy contractor, 
International Transcription Services (ITS), Inc., (202) 857-3800, 1231 
20th Street, NW., Washington, DC 20036.

Summary of the Report and Order

    1. The Report and Order adopts rules that will permit the efficient 
use of spectrum for existing and future users, and facilitate the 
deployment of new services in the 17.7-20.2 GHz band (``18 GHz band''). 
In particular, we adopt a band plan that designates how terrestrial 
fixed services, the Geostationary Satellite Orbit Fixed Satellite 
Service (``GSO/FSS''), the Non-Geostationary Satellite Orbit Fixed-
Satellite Service (``NGSO/FSS''), and Mobile-Satellite Service feeder 
links (``MSS/FL'') are to share this band. As a consequence of this 
designation, the Report and Order modifies the Table of Frequency 
Allocations found in Sec. 2.106 of the Commission's Rules. The Report 
and Order also modifies service rules in the 18 GHz band and authorizes 
the blanket licensing of satellite earth stations in the bands where 
the Fixed Satellite Service (``FSS'') is the sole primary designation. 
Finally, the Report and Order allocates the band 17.3-17.7 GHz to the 
Broadcasting-Satellite Service (``BSS''), and the band 24.75-25.25 GHz 
to the FSS for BSS feeder links.
    2. The 18 GHz band currently serves a variety of communications 
needs and has the potential to provide consumers, both business and 
residential, with exciting new services in the years to come. Our 
actions in this proceeding will allow for more efficient use of this 
spectrum. Previously, the entire 18 GHz band was allocated for shared 
use among various terrestrial fixed and mobile services, the FSS, and 
the mobile satellite service (``MSS''). We conclude that, in general, 
separating terrestrial fixed service operations from ubiquitously 
deployed FSS earth stations in dedicated sub-bands would serve the 
public interest. We also conclude, however, that limited frequency 
sharing between satellite and terrestrial services is feasible and 
should continue to be permitted where it serves the requirements of 
these services. We have attempted to protect the existing fixed 
terrestrial operations in this band to the maximum extent possible, 
while at the same time providing for the growth of both satellite and 
terrestrial services. The Report and Order should assist both the 
satellite and terrestrial services in the analysis of future growth 
possibilities by providing certainty as to how these services may share 
the 18 GHz band, and thereby enabling the affected industries to make 
informed business decisions.
    3. The band plan that we adopt is a result of an examination of the 
record developed in response to our 18 GHz NPRM (or ``NPRM''). We have 
considered the concerns expressed in the parties' comments, and have 
fashioned our decisions to resolve those concerns in as equitable a 
manner as possible.
    4. In the band plan that we adopt, we designate the following 
spectrum for terrestrial fixed service use: (1) 17.7-18.3 GHz band on a 
primary basis; (2) 18.3-18.58 GHz band on a co-primary basis (with GSO/
FSS); and (3) 19.3-19.7 GHz band on a co-primary basis (with MSS/FL). 
We designate the following spectrum for GSO/FSS service use: (1) 18.58-
18.8 GHz band on a primary basis; and (2) 18.3-18.58 GHz band on a co-
primary basis(with terrestrial fixed service), noting that the 19.7-
20.2 GHz band is also allocated on a primary basis to the GSO/FSS. 
Furthermore, we designate the 18.8-19.3 GHz band to NGSO/FSS service 
use on a primary basis, and retain co-primary status for MSS/FL (with 
terrestrial fixed service) in the 19.3-19.7 GHz band. These 
designations will significantly reduce sharing in the 18 GHz band, and 
thereby eliminate the need for many existing coordination procedures, 
leading to lower transaction costs and more efficient use of the band. 
We note that United States Government systems are authorized to operate 
in the 17.8-20.2 GHz band in accordance with footnote US334 in the 
United States Table of Frequency Allocations and that coordination 
between non-Government operations, both terrestrial and satellite, and 
these Government operations will continue to remain in effect. Nothing 
in this Report and Order purports to change the relationship between 
Government and non-Government systems.
    5. Recognizing the importance of existing terrestrial fixed service 
systems in the 18 GHz band, we will permit terrestrial fixed stations 
currently operating in spectrum designated in this Report and Order for 
exclusive satellite use, to continue to operate on a co-primary basis 
for a period of ten years, subject to the overriding right of satellite 
providers to require terrestrial fixed stations to relocate. During 
this ten-year period, existing terrestrial fixed stations can be 
compelled to relocate in accordance with relocation procedures adopted 
herein. If a terrestrial fixed station is required to relocate within 
ten years of the effective date of this Report and Order, the satellite 
provider must pay to relocate the terrestrial fixed station to 
comparable facilities. At the end of the ten-year period, existing 
terrestrial fixed stations may continue to operate on a non-
interference basis. In the case of 19.26-19.30 GHz, the co-primary 
status of existing terrestrial fixed stations, as well as their 
entitlement to relocation costs, is permanent.
    6. This Report and Order also authorizes a blanket licensing regime 
for

[[Page 54157]]

satellite earth stations for segments of the 17.7-20.2 GHz and 27.5-
30.0 GHz frequency bands--which are not subject to sharing with other 
services. Specifically, we will accept such applications for blanket 
licensing in the 18.58-18.8 GHz, 18.8-19.3 GHz, 19.7-20.2 GHz, 28.35-
28.6 GHz, 28.6-29.1 GHz, and 29.5-30.0 GHz frequency bands. In all 
those bands designated as primary to the GSO/FSS, we adopt the specific 
technical conditions concerning space station and earth station 
performance recommended by the Blanket Licensing Industry Working 
Group, to ensure that intra-system interference stays within acceptable 
levels. With respect to the blanket licensing of NGSO/FSS systems, we 
adopt an equation to determine the power flux-density (pfd) of space 
stations that, for low elevation angles, includes a consideration of 
the number of satellites in the NGSO system constellation, which was 
recommended by technical study groups of the Radiocommunications Sector 
of the International Telecommunication Union (ITU-R) for inclusion in 
the ITU's Radio Regulations. The blanket licensing regime adopted in 
this Report and Order describes the parameters within which earth 
stations may be operated under a blanket license, as well as the 
solutions for minimizing potential interference on both an intra- and 
inter-service basis.
    7. This Report and Order also allocates 400 MHz of spectrum at 
17.3-17.7 GHz for primary BSS uses, effective April 1, 2007, as 
specified in the ITU Radio Regulations. We allocate the 24.75-25.05 GHz 
band for primary GSO/FSS (Earth-to-space) use, limited to feeder links 
for the BSS in the 17.3-17.7 GHz band, and the GSO/FSS 25.05-25.25 GHz 
band for co-primary use between the FSS (Earth-to-space), limited to 
BSS feeder links, and the fixed service, comprised of the 24 GHz 
Service.
    8. A review of the record leads us to conclude that this 
redesignated band plan results in an equitable and balanced approach to 
meeting the needs of the various existing and future operations in the 
18 GHz band. We recognize that the adopted band plan does not provide a 
full 1000 Megahertz of unshared Ka-band downlink spectrum for GSO/FSS 
operations as requested by many GSO/FSS licensees. Nevertheless, we 
believe that the 720 MHz of unshared downlink spectrum at 18.58-18.8 
GHz and 19.7-20.2, in addition to the flexible rules that permit 
sharing of 280 megahertz at 18.3-18.58 GHz, should provide a reasonable 
basis for GSO/FSS operations to be undertaken. While we realize that 
some GSO/FSS systems have already been designed, we expect that the 
current system designs of the GSO/FSS systems can proceed with some 
modification or that sharing agreements can be reached to permit the 
use of these designs. Moreover, we note that the same total capacity 
for GSO/FSS services is still available in locations where coordination 
can be achieved. We conclude that this plan will, through the judicious 
choice of band segments subject to co-primary sharing, significantly 
lower any consequential administrative costs of coordination. 
Furthermore, this plan goes a long way toward facilitating the 
deployment of new services by designating different dedicated sub-bands 
for ubiquitously deployed FSS earth stations, and nearly ubiquitous 
terrestrial fixed services in the 18 GHz band, thereby serving the 
public interest.
    9. 17.7-18.3 GHz Frequency Band. We designate the 17.7-18.3 GHz 
frequency band to terrestrial fixed service for primary use. Prior to 
this rulemaking proceeding, this segment of the 18 GHz band was 
designated for shared co-primary use between GSO/FSS and terrestrial 
fixed service operations. Currently, the 17.7-18.3 GHz band is used for 
a wide variety of common carrier, mass media, and private fixed 
terrestrial point-to-point or point-to-multipoint services, as 
described in parts 74, 78 and 101 of the Commission's Rules. In 
designating the 17.7-18.3 GHz band for primary use by terrestrial fixed 
service operators, we recognize that this is an important segment of 
the 18 GHz band for existing and future terrestrial fixed service 
operations. We achieve our stated goal of ensuring the continued 
viability of the terrestrial fixed service by avoiding any future 
interference from space stations, and the need to relocate stations to 
protect future earth stations. The redesignation of this band to 
primary status will also generally facilitate the relocation of 
terrestrial fixed service operations from other parts of the 17.7-19.7 
MHz or other frequency bands, by eliminating the need for coordination 
with satellite earth stations. It will also facilitate the deployment 
of new terrestrial fixed stations, by eliminating coordination 
requirements between the fixed and fixed satellite services, thereby 
lowering transaction costs for terrestrial fixed operators.
    10. Regarding secondary fixed operations in primary satellite 
designations, we conclude that terrestrial fixed services generally 
should not be designated for secondary use in either primary GSO/FSS or 
primary NGSO/FSS bands subject to blanket licensing. We find that the 
continued licensing of these fixed stations, with the exception of 
indoor low power operations, is incompatible with the ubiquitous 
placement of earth stations in the primary satellite service because if 
located close enough to such stations they may interfere with FSS 
reception. If we found otherwise we would be encouraging the extension 
of a condition that we have determined to be incompatible with the 
ubiquitous distribution of primary satellite services. Regarding the 
low power fixed systems mentioned in the NPRM, 63 FR 54100 (October 8, 
1998), in the 18.82-18.87 and 19.16-19.21 GHz bands, we find that such 
stations have been licensed on a primary basis and will continue to be 
so licensed. They will not be subject to the same transition rules as 
the full power stations in their band. In addition, they will not be 
subject to the same relocation requirement, since they will be co-
primary with the FSS. They will be permitted to continue to operate, 
and new stations will be licensed subject only to the limitation that 
they operate indoors. The restriction to indoor use will, of necessity, 
place some signal attenuating barrier between low power fixed stations 
and FSS earth stations, which are always located outdoors. While 
interference could still be possible, the probability of interference 
is significantly, and acceptably, reduced as the interfering signal is 
so diminished. Several commenters urged us to eliminate secondary 
terrestrial fixed service designations in primary FSS bands. With the 
anticipated deployment of millions of satellite earth stations, we 
believe that it would be virtually impossible to implement an effective 
dispute-resolution process to discover terrestrial causes of 
interference to primary FSS earth stations. The difficulty in 
identifying the source of interference could have a substantial 
practical impact on FSS licensees, an impact that they are only 
responsible to evaluate when they are sharing the band with a primary 
designated fixed service. Among other things, attempting to identify 
the cause of interference and then fixing the problem may take time, 
causing a significant interruption in service. Such delays would raise 
operating costs for FSS users, and degrade the reliability of the 
company's service. We believe such circumstances are avoidable by 
rejecting our proposal to allow terrestrial fixed service operations to 
use primary FSS spectrum for secondary use services.

[[Page 54158]]

    11. We believe the band plan adopted herein generally meets the 
spectrum needs of the respective services designated to operate in the 
18 GHz band. We note that, like our NPRM proposal, the band plan we 
adopt herein provides GSO/FSS with 1000 MHz of spectrum, 720 MHz of 
which is primary and 280 MHz of which is co-primary. Several satellite 
commenters desire to obtain a minimum of 1000 MHz of unshared downlink 
spectrum in the Ka-band. These commenters seem to base their arguments, 
in part, on the fact that we designated 1000 MHz of uplink spectrum to 
GSO/FSS in the 28 GHz First Report and Order. The 28 GHz First Report 
and Order, however, designated 750 MHz of primary uplink spectrum for 
GSO/FSS systems, and 250 MHz of co-primary uplink spectrum shared with 
NGSO/FSS systems. We are adopting a similar approach in the downlink 
band. We generally designate equal amounts of spectrum to GSO/FSS, 
taking into account systems for uplink and downlink use; and when 
considering both primary and co-primary spectrum this Report and Order 
provides just that.
    12. We are extending the ``cut-off'' date for the 18.58-18.8 GHz 
band because the 18 GHz NPRM stated that the cut-off date would apply 
in ``any band that is proposed to be designated for fixed satellite use 
on a primary basis.'' We note that none of the proposed band plans put 
forth in the 18 GHz NPRM discussed redesignating the 18.58-18.8 GHz 
band for primary use by GSO/FSS. Therefore, we believe it is 
appropriate to move the ``cut-off'' date forward to coincide with the 
adoption of the Report and Order, recognizing that applications for 
terrestrial fixed stations in the 18.58-18.8 GHz band may have been 
filed since the adoption of the NPRM without specific indication that 
this band would no longer be available for such use. We note that 
pursuant to the band plan adopted today, any extension of the ``cut-
off'' date in the 18.3-18.58 GHz band is moot, because the 18.3-18.58 
GHz band is designated for terrestrial fixed service and GSO/FSS on a 
co-primary basis.
    13. The Report and Order grants co-primary status to existing 
terrestrial fixed stations in the 18.58-19.3 GHz band. As a general 
rule, we agree that the co-primary status should be limited by a sunset 
period. However, we have found it necessary to permanently grant co-
primary status to existing terrestrial fixed stations in the 19.26-19.3 
GHz band because the channels in this band are paired with channels 
that are being retained for primary terrestrial fixed use at 17.7-17.74 
GHz, thus magnifying the impact of this redesignation on the fixed 
service. If we were to impose a ten year sunset period, users of these 
pairings would likely be required, because of equipment availability, 
to relocate not only their transmissions in the 19.26-19.30 GHz band, 
but also their paired transmissions in the 17.7-17.74 GHz. This would 
be required even though the 17.7-17.74 GHz transmissions are not in a 
band that would be shared with FSS operations. Because of the 
significant impact on terrestrial fixed licensees, and since there are 
few existing fixed stations in this band, we do not believe it is 
appropriate to sunset the co-primary status, and associated relocation 
reimbursement rights, of existing terrestrial stations in this band.
    14. We believe that a sunset period of ten (10) years for continued 
co-primary status of existing terrestrial fixed stations in the 18.58-
18.8 GHz and 18.8-19.26 GHz frequency band is an appropriate compromise 
that will allow these systems to continue to operate in these bands, 
while giving FSS interests the option to pay the cost of relocating 
such systems if FSS interests want to deploy operations in those areas. 
We stress that the significance of the ten-year period is limited to 
identifying the entity that would pay for the relocation of existing 
terrestrial fixed stations when it is found that such entity, due to 
the interference it presents, would preclude the establishment of FSS 
stations. In the absence of an FSS earth station in the vicinity, such 
an entity could continue to operate beyond the ten-year period. 
Recognizing this, the fundamental issue here is how long constitutes an 
adequate period during which the FSS station should pay.
    15. Accordingly, we are not requiring a voluntary negotiating 
period as we previously established for the PCS transition in 
Sec. 101.69(c). Under our 18 GHz transition rules, FSS licensees may 
enter into negotiations with co-primary terrestrial fixed services in 
the 18.58-19.3 GHz band, for the purpose of agreeing to terms under 
which the terrestrial licensees would either relocate or accept a 
sharing arrangement. If no agreement is reached within two years for 
non-public safety incumbents, and three years for public safety 
incumbents, an FSS licensee may initiate involuntary relocation 
pursuant to Sec. 101.91 of the rules we are adopting today. We believe 
these time periods provide a reasonable balance between the needs of 
new FSS operators to gain access to spectrum, and the needs of existing 
FS operators to ensure that relocated facilities are provided that meet 
their needs. We are providing additional mandatory negotiations time 
for public safety operations, noting comments about the special need of 
public safety systems to be able to continue to operate reliably during 
any transition period.
    16. In the event that agreement is not reached in any negotiation 
period, the FSS licensee will have the option of invoking involuntary 
relocation. In such a case, an FSS licensee would be obligated to 
relocate only the specific links that cause the interference problem. 
Under involuntary relocation, a terrestrial fixed station must relocate 
provided that the FSS licensee guarantees payment of relocation costs, 
completes all activities necessary for implementing the replacement 
facilities, and builds and tests the replacement system for 
comparability. Terrestrial fixed service operators are not required to 
relocate until the alternative facilities are available for a 
reasonable time to make adjustments, determine comparability, and 
ensure a seamless handoff. It would not be in the public interest to 
allow a right of return to relocated incumbents, as was provided in the 
Emerging Technologies proceeding. The potential disruption to national, 
regional or world-wide satellite systems for the benefit of relatively 
few terrestrial fixed incumbents is infeasible. We will therefore allow 
an involuntary relocated terrestrial fixed incumbent to petition the 
Commission for additional modification to, or replacement of its 
equipment in any case where the incumbent believes it has not received 
comparable performance from its retuned or replaced equipment. Upon 
proof shown, we will order the FSS licensee in question to further 
modify or replace the incumbent terrestrial fixed licensee's equipment. 
We believe that these safeguards are needed for ensuring comparable 
terrestrial facilities obviate the need for more lengthy negotiating 
periods. We note that pursuant to the sunset provisions adopted, an FSS 
operator generally will no longer be responsible for relocation costs 
incurred by a terrestrial incumbent after June 8, 2010. By adopting 
these relocation rules, we put into place a proven system that should 
lead to efficient relocation and ultimately to the band segmentation 
that we conclude serves the public interest. We also believe that the 
relocation rules provide reasonable flexibility to an FSS licensee to 
establish its operations in a timely and economic manner.
    17. Within our negotiation rules, we are also adopting criteria for 
comparable facilities. Both the existing 2 GHz rules and the rules we 
proposed in this proceeding include general criteria that

[[Page 54159]]

must be met for facilities that are provided under involuntary 
relocation procedures to be considered comparable. In a separate 
proceeding on the allocation of spectrum at 2 GHz for use by the 
Mobile-Satellite Service, ET Docket No. 95-18, ICO Services Limited 
(ICO) suggested that these criteria be included in the section of the 
rules that governs mandatory negotiations. We believe that this change 
is appropriate for the negotiation rules we are adopting at 18 GHz, as 
it would be useful to define the target of negotiations. For this 
reason, we are including these criteria in Sec. 101.89 of the rules we 
are adopting.
    18. We declined, however, to propose to implement blanket licensing 
in shared bands. We also proposed requirements to ensure that Ka-band 
GSO/FSS systems did not cause harmful interference to GSO/FSS systems 
in adjacent orbital slots. However, due to a lack of information, we 
did not propose specific blanket licensing criteria. We now note that 
an industry technical group has reached a consensus on appropriate 
technical criteria for GSO blanket licensing and has submitted a report 
detailing that consensus. We have reviewed this report and generally 
adopt the group's recommendations, as specified in the attached rules. 
Pursuant to the rules we are adopting in this Report and Order, all 
applications for the blanket licensing of GSO/FSS earth stations that 
meet the requirements of Sec. 25.138 will be processed on a routine 
basis.
    19. With respect to NGSO/FSS systems, we note that the technical 
study of ITU-R Working Party 4-9S on NGSO/FSS interference to fixed 
stations has been completed, and an equation has been adopted that can 
be used to specify the space station pfd that provides interference 
protection to fixed stations. Therefore we adopt this equation for 
determining the maximum allowed pfd of NGSO/FSS space stations as a 
function of the number of satellites in the NGSO system constellation, 
as recommended by technical study groups of the ITU-R for inclusion in 
the International Radio Regulations. However, while a decision on the 
space station pfd is required for the proper design of earth stations, 
we have not been able to develop a consensus on the criteria to be used 
for the blanket licensing of NGSO/FSS earth stations; therefore, we 
defer decisions on the conditions for the blanket licensing of earth 
stations pending further evaluation.
    20. Blanket Licensing in Unshared Bands. We adopt a blanket 
licensing procedure for GSO/FSS earth stations in the unshared 18.58-
18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.5-30.0 GHz bands. 
Applicants in these bands may apply for a blanket authorization under 
which each licensee can construct and operate specified numbers and 
types of qualified earth stations. At this time, we do not place a 
limit on the number or the type of earth stations that may be blanket 
authorized. Applicants, however, must specify such a number and the 
type of earth station at the time of filing. The license term for a 
blanket authorization will coincide with the underlying space station 
operating license.
    21. In the 18 GHz NPRM, we proposed that blanket license applicants 
would be required to designate a point of contact where records on 
location and frequency use of satellite earth stations will be 
maintained, in order to ensure that secondary users in these bands have 
the information necessary to avoid causing harmful interference to GSO/
FSS earth stations. As a result of our decision to prohibit secondary 
use throughout the 18 GHz band, we decline to require satellite 
operators to designate a point of contact. Moreover, in an environment 
where there will be no secondary use in the band, requiring satellite 
operators to monitor the specific location and frequency usage of 
ubiquitously deployed earth stations could prove expensive and 
difficult. We also proposed that satellite operators obtaining a 
blanket license would be subject to an annual reporting requirement. 
Under this proposal, licensees would be required to include the number 
of earth stations actually brought into service in a yearly report to 
the Commission, so that we can monitor the development of this service. 
This policy is consistent with the requirements initially placed on 
Very Small Aperture Terminal (``VSAT'') blanket licensed earth station 
licensees in the 12/14 GHz frequency bands (Ku-band).
    22. In the 18 GHz NPRM, we proposed to implement a blanket 
licensing regime for NGSO/FSS systems in the 18.8-19.3 and the 28.6-
29.1 GHz band. However, we stated that we lacked sufficient information 
to propose specific blanket licensing criteria for NGSO systems, and 
requested comment on what type of technical criteria should be used. 
Commenters generally supported this proposal. Therefore, we will adopt 
our proposal made in the 18 GHz NPRM and will authorize earth station 
blanket licensing for NGSO/FSS systems in the bands in which NGSO/FSS 
has primary status, specifically the 18.8-19.3 GHz and 28.6-29.1 GHz 
frequency bands. The pfd limits for this band are specified in the 
rules. We recognize that we are not adopting specific blanket licensing 
rules at this time, and instead will address specific blanket licensing 
requirements in these bands in a future proceeding.
    23. In recognition of the fact that the international allocation is 
not effective for approximately seven years, we adopt the following 
allocation and designation decisions, to take effect April 1, 2007: in 
the downlink band, we allocate 400 MHz of spectrum at 17.3-17.7 GHz for 
primary BSS use. In the uplink band, we allocate 300 MHz of spectrum at 
24.75-25.05 GHz for primary FSS Earth-to-space use, limited to feeder 
links for the BSS allocation in the 17.3-17.7 GHz band. We allocate 200 
MHz of spectrum at 25.05-25.25 GHz for co-primary sharing between FSS 
and the 24 GHz Service, requiring coordination between these services. 
Given our experience in the other bands shared between satellite and 
terrestrial services, we believe that the requirement for coordination 
in the uplink band will accomplish, with minimal regulation, our 
objective of providing maximum flexibility of use while ensuring a 
workable sharing environment. While we note that there is a difference 
of 100 megahertz of spectrum between the BSS downlinks and the feeder 
links, we are reluctant to reduce the amount of spectrum available for 
the feeder links at this time. The flexibility that this additional 
spectrum provides might prove quite useful to BSS system operators as 
they tackle the issues of local-into-local and regional programming, as 
well as any occasional difficulties that might be encountered during 
coordination.
    24. In making these allocation and designation decisions, we strive 
to attain a balance that best serves the public interest. Our objective 
is to provide for new satellite services without compromising on our 
intentions to provide adequate, albeit reduced, continuing spectrum for 
the FS. We note that BSS is a rapidly growing service, and that 
additional spectrum will be needed for BSS within the next decade. We 
also recognize: (1) The importance of preserving terrestrial fixed 
service spectrum to continue supporting important existing terrestrial 
fixed service operations in the 17.7-17.8 GHz band; (2) the need to 
provide spectrum for the migration of terrestrial fixed services into 
that band; and (3) the need to provide for the growth of the 24 GHz 
Service.
    25. In order to provide for maximum availability of all these 
services to the public, we conclude that a band segmentation approach 
will ensure that the BSS will be able to provide downlink service to 
the general public

[[Page 54160]]

in an exclusive allocation, and the fixed service will similarly be 
able to maintain existing services in the 17.7-17.8 GHz band. We 
recognize that the ubiquitous nature of BSS services (which are defined 
as links from the satellite to the general public) preclude successful 
coordination with a terrestrial service that is similarly widespread. 
We also note that the U.S. government plans to eventually remove its 
radiolocation systems that currently operate in the 17.3-17.7 GHz band. 
In the event that all of these stations are not relocated prior to the 
implementation of the BSS service, the Commission will work with the 
NTIA to ensure an orderly transition. See letter from ``Hatch to 
Hatfield In this Report and Order, we also adopt a co-primary 
allocation to the GSO/FSS at 25.05-25.25 GHz, limited to BSS feeder 
links, in order to give full accommodation of spectrum needs to all 
services. We note that the successful implementation of this allocation 
will require the development of sharing criteria that will be 
considered in a future rulemaking proceeding.
    26. While we do not believe that implementing the allocation 
immediately would be prudent, we agree to make the decision now to make 
an allocation that will be effective April 2007, so as to provide all 
parties with sufficient notice and time to design their systems to use 
this spectrum in the most efficient manner. Therefore, within this 
context, we decide now to make the downlink BSS and GSO/FSS allocations 
effective April 1, 2007. We are, however, stopping the allocation for 
the BSS at 17.7 GHz. This will provide 400 MHz of spectrum to the BSS 
at 17.3-17.7 GHz. Considering the amount of spectrum being lost by the 
fixed service as a result of this proceeding, we believe it is 
important to keep as much spectrum available to the terrestrial fixed 
service as possible, for as long as possible, to help in the relocation 
of displaced facilities. We proceed with the terrestrial fixed service 
relocation efforts at 18 GHz and begin the process of developing 
service rules for the 17 GHz BSS. If we determine that terrestrial 
fixed relocation spectrum requirements are not as demanding as 
predicted, we may re-examine the availability of all or a part of the 
17.7-17.8 GHz band for BSS applications. Given the record of this 
proceeding, however, we must at this time ensure that this spectrum is 
available for terrestrial fixed service operations.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on small entities was incorporated in the 18 GHz NPRM. 
The Commission sought written public comments on the proposals in the 
NPRM including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Rules

    In this Report and Order, the Commission provides a band plan that 
should go a long way in facilitating the deployment of new services by 
designating different dedicated sub-bands for ubiquitously deployed FSS 
earth stations and near-ubiquitous terrestrial fixed services in the 18 
GHz band. Additionally, through the judicious choice of band segments 
subject to co-primary sharing, this plan will significantly lower any 
consequential administrative costs of coordination.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    No comments were submitted in direct response to the IRFA. However 
VisionStar made a specific proposal for the treatment of FSS licensees 
that are small businesses and several commenters provided licensee data 
for sub-bands of the spectrum concerned, incorporated for the specific 
services involved. We were unable to act on VisionStar's proposal for 
the provision of an ``Early Service'' for FSS licensees that are small 
businesses. This is because we do not collect annual revenue 
information from space station or earth station licensees, which would 
be necessary to determine if they are small businesses (see paragraph C 
), and because of the potential interference impact of such ``temporary 
secondary'' operations on other FSS licensees.

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

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the adopted rules. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 1992, there were 
approximately 275,801 small organizations. ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' As of 1992, there were 
approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or 96 percent, have populations of fewer than 50,000. The Census Bureau 
estimates that this ratio is approximately accurate for all 
governmental entities. Thus, of the 85,006 governmental entities, we 
estimate that 81,600 (91 percent) are small entities. Below, we further 
describe and estimate the number of small entity licensees that may be 
affected by the adopted rules.
    1. Cable Services. The SBA has developed a definition of small 
entities for cable and other pay television services, which includes 
all such companies generating $11 million or less in revenue annually. 
This definition includes cable systems operators, closed circuit 
television services, direct broadcast satellite services, multipoint 
distribution systems, satellite master antenna systems, and 
subscription television services. According to the Census Bureau, there 
were 1,788 total cable and other pay television service operators and 
1,423 had less than $11 million in revenue. The Commission has 
developed its own definition of a small cable system operator for the 
purposes of rate regulation. Under the Commission's Rules, a ``small 
cable company,'' is one serving fewer than 400,000 subscribers 
nationwide. Based on our most recent information, we estimate that 
there were 1,439 cable operators that qualified as small cable system 
operators at the end of 1995. Since then, some of those companies may 
have grown to serve over 400,000 subscribers, and others may have been 
involved in transactions that caused them to be combined with other 
cable operators. Consequently, we estimate that there are fewer than 
1,439 small entity cable system operators.
    The Communications Act also contains a definition of a small cable 
system operator, which is ``a cable operator that, directly or through 
an affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with

[[Page 54161]]

any entity or entities whose gross annual revenues in the aggregate 
exceed $250,000,000.'' The Commission has determined that there are 
61,700,000 subscribers in the United States. Therefore, we found that 
an operator serving fewer than 617,000 subscribers shall be deemed a 
small operator, if its annual revenues, when combined with the total 
annual revenues of all of its affiliates, do not exceed $250 million in 
the aggregate. Based on available data, we find that the number of 
cable operators serving 617,000 subscribers or less totals 1,450. We do 
not request nor do we collect information concerning whether cable 
system operators are affiliated with entities whose gross annual 
revenues exceed $250,000,000, and thus are unable at this time to 
estimate with greater precision the number of cable system operators 
that would qualify as small cable operators under the definition in the 
Communications Act.
International Services
    The Commission has not developed a definition of small entities 
applicable to licensees in the international services. Therefore, the 
applicable definition of small entity is generally the definition under 
the SBA rules applicable to Communications Services, Not Elsewhere 
Classified (NEC). This definition provides that a small entity is one 
with $11.0 million or less in annual receipts. According to the Census 
Bureau, there were a total of 848 communications services providers, 
NEC, in operation in 1992, and a total of 775 had annual receipts of 
less than $9.999 million. The Census Report does not provide more 
precise data.
    2. Fixed Satellite Transmit/Receive Earth Stations. Currently there 
are no operational fixed satellite transmit/receive earth stations 
authorized for use in the 17.7-20.2 GHz and 27.5-30 GHz band. However, 
with 12 GSO/FSS licensees, 1 NGSO/FSS licensee, and our decision to 
adopt blanket licensing, we expect applications for FSS earth station 
licenses to be filed in the near future. We do not request or collect 
annual revenue information, and thus are unable to estimate the number 
of earth stations that would constitute small businesses under the SBA 
definition.
    3. Mobile Satellite Earth Station Feeder Links. We have granted one 
license for MSS earth station feeder links. We do not request or 
collect annual revenue information, and thus are unable to estimate the 
number of mobile satellite earth stations that would constitute small 
businesses under the SBA definition.
    4. Space Stations (Geostationary). Commission records reveal that 
there are 12 space station licensees. We do not request nor collect 
annual revenue information, and thus are unable to estimate the number 
of geostationary space stations that would constitute small businesses 
under the SBA definition, or apply any rules providing special 
consideration for Space Station (Geostationary) licensees that are 
small businesses.
    5. Space Stations (Non-Geostationary). There is one Non-
Geostationary Space Station licensee, and that licensee is operational. 
We do not request nor collect annual revenue information, and thus are 
unable to estimate the number of non-geostationary space stations that 
would constitute small businesses under the SBA definition.
    6. Direct Broadcast Satellites. Because DBS provides subscription 
services, DBS falls within the SBA definition of Cable and Other Pay 
Television Services (SIC 4841). This definition provides that a small 
entity is expressed as one with $11.0 million or less in annual 
receipts. As of December 1996, there were eight DBS licensees. However, 
the Commission does not collect annual revenue data for DBS and, 
therefore, is unable to ascertain the number of small DBS licensees 
that could be impacted by these proposed rules. Although DBS service 
requires a great investment of capital for operation, we acknowledge 
that there are several new entrants in this field that may not yet have 
generated more than $11 million in annual receipts, and therefore may 
be categorized as small businesses, if independently owned and 
operated.
    7. Auxiliary, Special Broadcast and other program distribution 
services. This service involves a variety of transmitters, generally 
used to relay broadcast programming to the public (through translator 
and booster stations) or within the program distribution chain (from a 
remote news gathering unit back to the station). At the frequencies 
under consideration in this proceeding, there are no transmissions of 
this type directly to the public. The Commission has not developed a 
definition of small entities applicable to broadcast auxiliary 
licensees. Therefore, the applicable definition of small entity is the 
definition under the Small Business Administration (SBA) rules 
applicable to radio broadcasting stations (SIC 4832) and television 
broadcasting stations (SIC 4833). These definitions provide, 
respectively, that a small entity is one with either $5.0 million or 
less in annual receipts or $10.5 million in annual receipts. 13 CFR 
121.201, SIC CODES 4832 and 4833. The numbers of these stations are 
very small. The FCC does not collect financial information on any 
broadcast facility and the Department of Commerce does not collect 
financial information on these auxiliary broadcast facilities. We 
believe, however, that most, if not all, of these auxiliary facilities 
could be classified as small businesses by themselves. We also 
recognize that most of these types of services are owned by parent 
stations which, in some cases, would be covered by the revenue 
definition of a small business entity discussed above. These stations 
would likely have annual revenues that exceed the SBA maximum to be 
designated as small businesses (as noted, either $5 million for a radio 
station or $10.5 million for a TV station). Furthermore, they do not 
individually meet the Small Business Act's definition of a ``small 
business concern'' because they are not independently owned and 
operated.
    8. Microwave Services. Microwave services includes common carrier, 
private operational fixed, and broadcast auxiliary radio services. At 
present, there are 22,015 common carrier licensees, approximately 
61,670 private operational fixed licensees and broadcast auxiliary 
radio licensees in the microwave services. Inasmuch as the Commission 
has not yet defined a small business with respect to microwave 
services, we will utilize the SBA's definition applicable to 
radiotelephone companies--i.e., an entity with no more than 1,500 
persons. 13 CFR 121.201, SIC CODE 4812. We estimate, for this purpose, 
that all of the Fixed Microwave licensees (excluding broadcast 
auxiliary licensees) would qualify as small entities under the SBA 
definition for radiotelephone companies.

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

    The Commission's existing rules in part 25 on FSS operations 
contain reporting requirements for FSS systems, and we modify these 
reporting requirements to eliminate duplicative costs of filing 
multiple applications. In addition, we add an annual reporting 
requirement to indicate the number of satellite earth stations actually 
brought into service. The proposed blanket licensing procedures do not 
affect small entities disproportionately, and it is likely that no 
additional outside professional skills are required to complete the 
annual report indicating the number of small antenna earth stations 
actually brought into service.

[[Page 54162]]

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The 18 GHz NPRM solicited comment on several alternatives for 
spectrum sharing, blanket licensing, and band segmentation. This Report 
and Order considered comments offering alternatives, and has acted in 
response to stated concerns and suggestions, particularly those 
representing significant agreement or consensus by commenters. The 
decisions of this Report and Order should positively impact both large 
and small businesses by providing a faster, more efficient, and less 
economically burdensome coordination and licensing procedure, as well 
as providing an alternative band plan that better meets these concerns. 
The blanket licensing service rules provide for consolidation of 
licensing for small antenna earth stations, and a new balanced 
requirement designed to ensure that new satellite services will not 
cause interference to existing terrestrial services. These rules 
substitute a single requirement to annually report the number of 
satellite earth stations brought into service in the last year, 
compared to the current requirement for individual licensing of such 
stations. This change, discussed further above, should minimize the 
impact on Small entities.

F. Report to Congress

    The Commission will send a copy of this Report and Order including 
this FRFA, in a report to be sent to Congress pursuant to the Small 
Business Regulatory Enforcement Fairness Act of 1966, see 5 U.S.C. 801 
(a)(1)(A). In addition, the Commission will send a copy of the Report 
and Order, including this FRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration. A copy of this Report and Order and 
FRFA (or summaries thereof) will also be published in the Federal 
Register. See 5 U.S.C. 604(b).

Ordering Clauses

    Pursuant to Sections 1, 4(i), 4(j), 301, 302, 303(c), 303(e), 
303(f), 303(r) and 403 of the Communications Act of 1934, as amended, 
47 U.S.C. Sections 151, 154 (i), 154(j), 301, 302, 303(c), 303(e), 
303(f), 303 (r), and 403, this Report and Order IS ADOPTED and that 
parts 2, 21, 25, 74, 78, and 101 of the Commission's Rules ARE AMENDED, 
as specified in the rules, Effective October 10, 2000.
    The Regulatory Flexibility Analysis, as required by Section 604 of 
the Regulatory Flexibility Act and as set forth is adopted.
    The Commission's Consumer Information Bureau shall send a copy of 
this Report and Order, including the Final Regulatory Flexibility 
Analysis to the Chief Counsel for Advocacy of the Small Business 
Administration.
    This proceeding is terminated pursuant to Sections 4i and 4j of the 
Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), and 
154 (j).

List of Subjects

47 CFR Part 2

    Radio, Telecommunications.

47 CFR Part 21

    Communications common carriers, Communications equipment, Radio.

47 CFR Part 25

    Communications common carriers, communications equipment, Radio, 
Satellites, Telecommunications.

47 CFR Part 74

    Communications equipment, Radio, Television.

47 CFR Part 78

    Cable television, Communications equipment, Radio.

47 CFR Part 101

    Communications equipment, Radio.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

    For the reasons set forth in the preamble, parts 2, 21, 25, 74, 78, 
and 101 of title 47 of the Code of Federal Regulations are amended as 
follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

    1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336 unless otherwise 
noted.

    2. Amend Sec. 2.106 as follows:
    a. Revise pages 67, 68, 69, 70, 71, and 72 of the Table.
    b. In the list of United States footnotes, revise footnotes US255 
and US334.
    c. In the list of non-Federal government footnotes, revise footnote 
NG144 and add footnotes NG163, NG164, NG165, NG166, and NG167.
    The additions and revisions read as follows:


Sec. 2.106  Table of Frequency Allocations.

  Federal Register / Vol. 65, No. 174 / Thursday, September 7, 2000 / 
Rules and Regulations  

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* * * * *

United States (US) Footnotes

* * * * *
    US255  In addition to any other applicable limits, the power 
flux-density across the 200 MHz band 18.6-18.8 GHz produced at the 
surface of the Earth by emissions from a space station under assumed 
free-space propagation conditions shall not exceed -95 dB(W/m \2\) 
for all angles of arrival. This limit may be exceeded by up to 3 dB 
for no more than 5% of the time.
* * * * *
    US334  In the band 17.8-20.2 GHz, Government space stations in 
both geostationary (GSO) and non-geostationary satellite orbits 
(NGSO) and associated earth stations in the fixed-satellite service 
(space-to-Earth) may be authorized on a primary basis. For a 
Government geostationary satellite network to operate on a primary 
basis, the space station shall be located outside the arc, measured 
from east to west, 70 West Longitude to 120 West Longitude. 
Coordination between Government fixed-satellite systems and non-
Government space and terrestrial systems operating in accordance 
with the United States Table of Frequency Allocations is required.
    (a) In the sub-band 17.8-19.7 GHz, the power flux-density at the 
surface of the Earth produced by emissions from a Government GSO 
space station or from a Government space station in a NGSO 
constellation of 50 or fewer satellites, for all conditions and for 
all methods of modulation, shall not exceed the following values in 
any 1 MHz band:
    (1) -115 dB(W/m \2\) for angles of arrival above the horizontal 
plane () between 0 deg. and 5 deg.,
    (2) -115 + 0.5 (-5) dB(W/m \2\) for  between 
5 deg. and 25 deg., and
    (3) -105 dB(W/m \2\) for  between 25 deg. and 90 deg..
    (b) In the sub-band 17.8-19.3 GHz, the power flux-density at the 
surface of the Earth produced by emissions from a Government space 
station in an NGSO constellation of 51 or more satellites, for all 
conditions and for all methods of modulation, shall not exceed the 
following values in any 1 MHz band:
    (1) -115 -X dB(W/m \2\) for  between 0 deg. and 5 deg.,
    (2) -115 -X + ((10 + X)/20) (-5) dB(W/m \2\) for 
 between 5 deg. and 25 deg., and
    (3) -105 dB(W/m \2\) for  between 25 deg. and 90 deg.; 
where X is defined as a function of the number of satellites, n, in 
an NGSO constellation as follows:
    For n  288, X = (5/119) (n-50) dB; and
    For n > 288, X = (1/69) (n+ 402) dB.
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG144  Stations authorized as of September 9, 1983 to use 
frequencies in the bands 17.7-18.58 GHz and 19.3-19.7 GHz may, upon 
proper application, continue operations. Fixed stations authorized 
in the band 18.58-19.3 GHz that remain co-primary under the 
provisions of Secs. 21.901(e), 74.502(c), 74.602(g), 78.18(a)(4), 
and 101.174(r) of this chapter may continue operations consistent 
with the provisions of those sections.
* * * * *
    NG163  The allocation to the broadcasting-satellite service in 
the band 17.3-17.7 GHz shall come into effect on 1 April 2007.
    NG164  The use of the band 18.3-18.8 GHz by the fixed-satellite 
service (space-to-Earth) is limited to systems in the geostationary-
satellite orbit.
    NG165  The use of the band 18.8-19.3 GHz by the fixed-satellite 
service (space-to-Earth) is limited to systems in non-geostationary-
satellite orbits.
    NG166  The use of the band 19.3-19.7 GHz by the fixed-satellite 
service (space-to-Earth) is limited to feeder links for the mobile-
satellite service.
    NG167  The use of the fixed-satellite service (Earth-to-space) 
in the band 24.75-25.25 GHz is limited to feeder links for the 
broadcasting-satellite service operating in the band 17.3-17.7 GHz. 
The allocation to the fixed-satellite service (Earth-to-space) in 
the band 24.75-25.25 shall come into effect on 1 April 2007.
* * * * *

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

    3. The authority citation for part 21 continues to read as follows:

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 
1076, 1077, 1080,1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 
U.S.C. 552, 554.

    4. Section 21.901 is amended by revising paragraph (e) to read as 
follows:


Sec. 21.901  Frequencies.

* * * * *
    (e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz that were licensed or had applications pending before the 
Commission as of September 18, 1998 may continue those operations for 
point-to-point return links from a subscriber's location on a shared 
co-primary basis with other services under parts 25, 74, 78 and 101 of 
this chapter until June 8, 2010. Prior to June 8, 2010, such stations 
are subject to relocation by licensees in the fixed-satellite service. 
Such relocation is subject to the provisions of Secs. 101.85 through 
101.97 of this chapter. After June 8, 2010, such operations are not 
entitled to protection from fixed-satellite service operations and must 
not cause unacceptable interference to fixed-satellite service station 
operations. No new licenses will be granted in these bands after June 
8, 2000.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

    5. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 
U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.

    6. Section 25.115 is amended by adding paragraph (e) to read as 
follows:


Sec. 25.115  Application for earth station authorizations.

* * * * *
    (e) Earth stations operating in the 20/30 GHz Fixed-Satellite 
Service with U.S.-licensed or non-U.S. licensed satellites: 
Applications to license individual earth stations operating in the 20/
30 GHz band shall be filed on FCC Form 312, Main Form and Schedule B, 
and shall also include the information described in Sec. 25.138. Earth 
stations belonging to a network operating in the 18.58-18.8 GHz, 19.7-
20.2 GHz, 28.35-28.6 GHz or 29.5-30.0 GHz bands may be licensed on a 
blanket basis. Applications for such blanket authorization may be filed 
using FCC Form 312, Main Form and Schedule B, and specifying the number 
of terminals to be covered by the blanket license. Each application for 
a blanket license under this section shall include the information 
described in Sec. 25.138.

    7. Section 25.138 is added under the undesignated centerheading 
``Earth Stations'' to read as follows:


Sec. 25.138  Blanket licensing provisions of GSO FSS Earth Stations in 
the 18.58-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 
28.35-28.6 GHz (Earth-to-space) and 29.5-30.0 GHz (Earth-to-space) 
bands.

    (a) All applications for a blanket earth station license in the GSO 
FSS in the 18.58-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz and 29.5-30.0 
GHz bands that meet the following requirements shall be routinely 
processed:
    (1) GSO FSS earth station antenna off-axis EIRP spectral density 
for co-polarized signals shall not exceed the following values, within 
3 deg. of the GSO arc, under clear sky conditions:

[[Page 54170]]



 
 
 
18.5-25log()-10log  dBW/40kHz...........  for 2.0 deg.    7 deg.
-2.63-10log(N)..............  dBW/40kHz...........  for 7 deg.    9.23 deg.
21.5-25log()-10log  dBW/40kHz...........  for 9.23 deg.  
                                                      48 deg.
-10.5-10log(N)..............  dBW/40kHz...........  for 48 deg.    180
                                                     deg.
 


Where:

 is the angle in degrees from the axis of the main lobe; 
for systems where more than one earth station is expected to 
transmit simultaneously in the same bandwidth, e.g., CDMA systems,
N is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 
for TDMA and FDMA systems.

    (2) GSO FSS earth station antenna off-axis EIRP spectral density 
for co-polarized signals shall not exceed the following values, for all 
directions other than within 3 deg. of the GSO arc, under 
clear sky conditions:

 
 
 
21.5-25log()-10log  dBW/40kHz...........  for 3.5 deg.    7 deg.
0.37-10log(N)...............  dBW/40kHz...........  for 7 deg.   
                                                     9.23 deg.
24.5-25log()-10log  dBW/40kHz...........  for 9.23 deg.
 (N).                                                  48 deg.
-7.5-10log(N)...............  dBW/40kHz...........  for 48 deg.    180
                                                     deg.
 


Where:

: is the angle in degrees from the axis of the main lobe; 
for systems where more than one earth station is expected to 
transmit simultaneously in the same bandwidth, e.g., CDMA systems.
N: is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 
for TDMA and FDMA systems.

    (3) The values given in paragraphs (a) (1) and (2) of this section 
may be exceeded by 3 dB, for values of  >10 deg., provided 
that the total angular range over which this occurs does not exceed 
20 deg. when measured along both sides of the GSO arc.
    (4) GSO FSS earth station antenna off-axis EIRP spectral density 
for cross-polarized signals shall not exceed the following values, in 
all directions relative to the GSO arc, under clear sky conditions:

 
 
 
8.5-25log()-10log(  dBW/40kHz...........  for 2.0 deg.    7 deg.
12.63-10log(N)..............  dBW/40kHz...........  for 7 deg.   
                                                     9.23 deg.
 


Where:

: is the angle in degrees from the axis of the main lobe; 
for systems where more than one earth station is expected to 
transmit simultaneously in the same bandwidth, e.g., CDMA systems.
N: is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 
for TDMA and FDMA systems.

    (5) For earth stations employing uplink power control, the values 
in paragraphs (a) (1), (2), and (4) of this section may be exceeded by 
up to 20 dB under conditions of uplink fading due to precipitation. The 
amount of such increase in excess of the actual amount of monitored 
excess attenuation over clear sky propagation conditions shall not 
exceed 1.5 dB or 15 % of the actual amount of monitored excess 
attenuation in dB, whichever is larger, with a confidence level of 90 
percent except over transient periods accounting for no more than 0.5% 
of the time during which the excess is no more than 4.0 dB.
    (6) Power flux-density (PFD) at the Earth's surface produced by 
emissions from a space station for all conditions, including clear sky, 
and for all methods of modulation shall not exceed a level of -118 dBW/
m \2\/MHz for the band 19.7-20.2 GHz.
    (b) Each applicant for earth station license(s) that proposes 
levels in excess of those defined in paragraph (a) of this section 
shall submit link budget analyses of the operations proposed along with 
a detailed written explanation of how each uplink and each transmitted 
satellite carrier density figure is derived. Applicants shall also 
submit a narrative summary which must indicate whether there are margin 
shortfalls in any of the current baseline services as a result of the 
addition of the applicant's higher power service, and if so, how the 
applicant intends to resolve those margin short falls. Applicants shall 
certify that all potentially affected parties (i.e., those GSO FSS 
satellite networks that are 2, 4, and 6 degrees apart) acknowledge and 
do not object to the use of the applicant's higher power densities.
    (c) Licensees authorized pursuant to paragraph (b) of this section 
shall bear the burden of coordinating with any future applicants or 
licensees whose proposed compliant operations at 6 degrees or smaller 
orbital spacing, as defined by paragraph (a) of this section, is 
potentially or actually adversely affected by the operation of the non-
compliant licensee. If no good faith agreement can be reached, however, 
the non-compliant licensee shall reduce its earth station and space 
station power density levels to be compliant with those specified in 
paragraph (a) of this section.
    (d) The applicant shall provide for each earth station antenna 
type, a series of radiation patterns measured on a production antenna 
performed on a calibrated antenna range and, as a minimum, shall be 
made at the bottom, middle, and top frequencies of the 30 GHz band. The 
radiation patterns are:
    (1) Co-polarized patterns for each of two orthogonal senses of 
polarizations in two orthogonal planes of the antenna.
    (i) In the azimuth plane, plus and minus 10 degrees and plus and 
minus 180 degrees.
    (ii) In the elevation plane, zero to 30 degrees.
    (2) Cross-polarization patterns in the E- and H-planes, plus and 
minus 10 degrees.
    (3) Main beam gain.

[[Page 54171]]

    (e) Protection of receive earth stations from adjacent satellite 
interference is based on either the antenna performance specified in 
Sec. 25.209 (a) and (b), or the actual receiving earth station antenna 
performance, if actual performance provides greater isolation from 
adjacent satellite interference. For purposes of insuring the correct 
level of protection, the applicant shall provide, for each earth 
station antenna type, the antenna performance plots for the 20 GHz 
band, including the format specified in paragraph (d) of this section.
    (f) The earth station licensee shall not transmit towards a GSO FSS 
satellite unless it has prior authorization from the satellite operator 
or a space segment vendor authorized by the satellite operator. The 
specific transmission shall be conducted in accordance with the 
operating protocol specified by the satellite operator.
    (g) A licensee applying to renew its license must include on FCC 
Form 405 the number of constructed earth stations.

    8. Section 25.145 is amended by redesignating paragraphs (g) 
introductory text, (g)(1), (g)(2), and (g)(3) as paragraphs (g)(1) 
introductory text, (g)(1)(i), (g)(1)(ii), and (g)(1)(iii), 
respectively, and by adding paragraphs (g)(2), (h), and (i) to read as 
follows:


Sec. 25.145  Licensing conditions for the Fixed-Satellite Service in 
the 20/30 GHz bands.

* * * * *
    (g) * * * (1) * * *
    (2) Licensees shall submit to the Commission a yearly report 
indicating the number of earth stations actually brought into service 
under its blanket licensing authority. The annual report is due to the 
Commission no later than the first day of April of each year and shall 
indicate the deployment figures for the preceding calendar year.
    (h) Policy governing the relocation of terrestrial services from 
the 18.58 to 19.3 GHz band. Frequencies in the 18.58-19.3 GHz band 
listed in parts 21, 74, 78, and 101 of this chapter have been 
reallocated for primary use by the Fixed-Satellite Service, subject to 
various provisions for the existing terrestrial licenses. In accordance 
with procedures specified in Secs. 101.85 through 101.97 of this 
chapter, Fixed-Satellite Service licensees are required to relocate the 
existing co-primary terrestrial licensees in these bands if 
interference to those operations would occur during the period that the 
terrestrial stations remain co-primary and the terrestrial antenna is 
pointing within 2 degrees of the GSO satellite. Additionally, Fixed-
Satellite Service operations are not entitled to protection from the 
co-primary operations until after that period has expired. (see 
Secs. 21.901(e), 74.502(c), 74.602(g), 78.18(a)(4), and 101.147(r) of 
this chapter.
    (i) Protection of fixed services receivers in the 18.3-19.3 GHz 
band. For purposes of this section, FSS space stations operating in 
accordance with the power flux-density limits of Sec. 25.208 are 
considered not to cause unacceptable interference to fixed service 
receivers that are pointed more than 2 degrees from the FSS space 
station.
    (1) 18.3-18.58 GHz. FSS space stations transmitting in the 18.3-
18.58 GHz band may not cause unacceptable interference to fixed service 
receive stations that were licensed or for which an application was 
pending prior to June 8, 2000.
    (2) 18.58-18.8 GHz. FSS space stations transmitting in the 18.58-
18.8 GHz band may not cause unacceptable interference to fixed service 
receive stations that were licensed or for which an application was 
pending prior to September 18, 1998. After June 8, 2010, such fixed 
station receivers are no longer afforded protection from FSS space 
stations operating in accordance with Sec. 25.208 and the fixed station 
transmitters shall not cause harmful interference to the GSO FSS 
receiving earth stations.
    (3) 18.8-19.3 GHz. FSS space stations transmitting in the 18.8-19.3 
GHz band may not cause unacceptable interference to fixed service 
receive stations that were licensed or for which an application was 
pending prior to June 8, 2000. After June 8, 2010, such fixed station 
receivers (except those operating in 19.26-19.3 GHz) are no longer 
afforded protection from FSS space stations operating in accordance 
with Sec. 25.208.

    9. Section 25.202(a)(1) is revised to read as follows:


Sec. 25.202  Frequencies, frequency tolerance and emission limitations.

    (a)(1) Frequency bands. The following frequencies are available for 
use by the fixed-satellite service. Precise frequencies and bandwidths 
of emission shall be assigned on a case-by-case basis.

------------------------------------------------------------------------
           Space-to-earth                       Earth-to-space
------------------------------------------------------------------------
             3.7-4.2 1                         1 5.925-6.425
            10.95-11.2 1                        4 13.75-14.0
            11.45-11.7 2                         5 14.0-14.2
            11.7-12.2 3                            14.2-14.5
          18.3-18.58 1 10                        9 17.3-17.8
         18.58-18.8 6 10 11
           18.8-19.3 7 10
           19.3-19.7 8 10                        1 27.5-29.5
            19.7-20.2 10                          29.5-30.0
------------------------------------------------------------------------
1 This band is shared coequally with terrestrial radiocommunication
  services.
2 Use of this band by the fixed-satellite service is limited to
  international systems, i.e., other than domestic systems.
3 Use of this band by the fixed-satellite service in Region 2 is limited
  to national and subregional systems. Fixed-satellite transponders may
  be used additionally for transmissions in the broadcasting-satellite
  service.
4 This band is shared on an equal basis with the Government
  radiolocation service, grandfathered space stations in the Tracking
  and Data Relay Satellite System, and until January 1, 2000, spaceborne
  sensors.
5 In this band, stations in the radionavigation service shall operate on
  a secondary basis to the fixed-satellite service.
6 The band 18.58-18.8 GHz is shared co-equally with existing terrestrial
  radiocommunications systems until June 8, 2010.
7 The band 18.8-19.3 GHz is shared co-equally with terrestrial
  radiocommunications services, until June 8, 2010. After this date, the
  sub-band 19.26-19.3 GHz is shared co-equally with existing terrestrial
  radiocommunications systems.
8 The use of the band 19.3-19.7 GHz by the Fixed-Satellite Service
  (space-to-Earth) is limited to feeder links for the Mobile-Satellite
  Service.
9 The use of the band 17.3-17.8 GHz by the Fixed-Satellite Service
  (Earth-to-space) is limited to feeder links for broadcasting-satellite
  service, and the sub-band 17.7-17.8 GHz is shared co-equally with
  terrestrial fixed services.
10 This band is shared co-equally with the Federal Government Fixed-
  Satellite Service.
11 The band 18.6-18.8 GHz is shared co-equally with the non-Federal
  Government and Federal Government Earth Exploration-Satellite
  (passive) and Space Research (passive) Services.

* * * * *

    10. Section 25.208 is amended by revising paragraph (c) and adding 
paragraphs (d), (e) and (f) to read as follows:


Sec. 25.208  Power flux-density limits.

* * * * *
    (c) In the 19.3-19.7 GHz, 22.55-23.00 GHz, 23.00-23.55 GHz, and 
24.45-24.75 GHz frequency bands, the power flux-density at the Earth's 
surface produced by emissions from a space station for all conditions 
and for all methods of modulation shall not exceed the following 
values:
    (1) -115 dB (W/m\2\) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane.
    (2) -115+0.5 (d-5) dB (W/m\2\) in any 1 MHz band for angles of 
arrival d (in

[[Page 54172]]

degrees) between 5 and 25 degrees above the horizontal plane.
    (3) -105 dB (W/m\2\) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane.
    (d) In the 18.3-18.8 GHz frequency bands, the power flux-density at 
the Earth's surface produced by emissions from a space station for all 
conditions and for all methods of modulation shall not exceed the 
following values:
    (1) -118 dB (W/m\2\) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane.
    (2) -118+0.65 (d-5) dB (W/m\2\) in any 1 MHz band for angles of 
arrival d (in degrees) between 5 and 25 degrees above the horizontal 
plane.
    (3) -105 dB (W/m\2\) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane.
    (e) In addition to the limits specified in paragraph (d) of this 
section, the power flux-density across the 200 MHz band 18.6-18.8 GHz 
produced at the Earth's surface by emissions from a space station under 
assumed free-space propagation conditions shall not exceed -95 dB(W/
m\2\) for all angles of arrival. This limit may be exceeded by up to 3 
dB for no more than 5% of the time.
    (f) In the 18.8-19.3 GHz frequency band, the power flux-density at 
the Earth's surface produced by emissions from a space station for all 
conditions and for all methods of modulation shall not exceed the 
following values:

-115 - X dB(W/m2MHz).......  for 0 deg.    5
                                      deg.
-115-X+((10+X)/20)(-5)dB(W/ for 5 deg.  
 m2MHz).                      25 deg.
-105 dB(W/m2MHz)...........  for 25 deg.  
                                      90 deg.
 


Where:

: is the angle of arrival above the horizontal plane; and
X is defined as a function of the number of satellites in the non-
GSO FSS constellation, n, as follows:

for n  50.....................  X = 0 (dB)
for 50  n  288................  X = (5/119) (n - 50) (dB)
for n > 288..............................  X = (1/69) (n + 402) (dB)
 


    11. Section 25.251(a) is revised to read as follows:


Sec. 25.251  Special requirements for coordination.

    (a) The administrative aspects of the coordination process are set 
forth in Secs. 101.103(d) of this chapter in the case of coordination 
of terrestrial stations with earth stations and in Sec. 25.203 in the 
case of coordination of earth stations with terrestrial stations.
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

    12. The authority citation for part 74 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303, 307, 336(f) and 554.

    13. Section 74.502(c) is revised to read as follows:


Sec. 74.502  Frequency assignment.

* * * * *
    (c) Aural broadcast STL and intercity relay stations that were 
licensed or had applications pending before the Commission as of 
September 18, 1998 may continue those operations in the band 18,760-
18,820 and 19,100-19,160 MHz on a shared co-primary basis with other 
services under parts 21, 25, and 101 of this chapter until June 8, 
2010. Prior to June 8, 2010, such stations are subject to relocation by 
licensees in the fixed-satellite service. Such relocation is subject to 
the provisions of Secs. 101.85 through 101.97 of this chapter. After 
June 8, 2010, such operations are not entitled to protection from 
fixed-satellite service operations and must not cause unacceptable 
interference to fixed-satellite service station operations. No new 
licenses will be granted in these bands.
    (1)(i) 5 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                              Receive
                Transmit (receive) (MHz)                    (transmit)
                                                               (MHz)
------------------------------------------------------------------------
                           340 MHz Separation
------------------------------------------------------------------------
18762.5.................................................         19102.5
18767.5.................................................         19107.5
18772.5.................................................         19112.5
18777.5.................................................         19117.5
18782.5.................................................         19122.5
18787.5.................................................         19127.5
18792.5.................................................         19132.5
18797.5.................................................         19137.5
18802.5.................................................         19142.5
18807.5.................................................         19147.5
18812.5.................................................         19152.5
18817.5.................................................         19157.5
------------------------------------------------------------------------

    (ii) Licensees may use either a two-way link or one frequency of a 
frequency pair for a one-way link and shall coordinate proposed 
operations pursuant to the procedures required in Sec. 101.103(d) of 
this chapter.
* * * * *
    (2) [Reserved]
* * * * *

    14. Section 74.551 is amended by adding paragraph (d) to read as 
follows:


Sec. 74.551  Equipment changes.

* * * * *
    (d) Permissible changes in equipment operating in the bands 18.76-
18.82 GHz and 19.1-19.16 GHz. Notwithstanding other provisions of this 
section, licensees of stations that remain co-primary under the 
provisions of Sec. 74.502(c) may not make modifications to their 
systems that increase interference to satellite earth stations, or 
result in a facility that would be more costly to relocate.

    15. Section 74.602(g) introductory text is revised to read as 
follows:


Sec. 74.602  Frequency assignment.

* * * * *
    (g) The following frequencies are available for assignment to 
television STL, television relay stations and television translator 
relay stations. Stations operating on frequencies in the sub-band 
19.26-19.3 GHz that were licensed or had applications pending before 
the Commission as of September 18, 1998 may continue those operations 
on a shared co-primary basis with other services under parts 21, 25, 
78, and 101 of this chapter. Such stations, however, are subject to 
relocation by licensees in the fixed-satellite service. Such relocation 
is subject to the provisions of Secs. 101.85 through 101.97 of this 
chapter. No new licenses will be granted in the 19.26-19.3 GHz band 
after June 8, 2000. The provisions of Sec. 74.604 do not apply to the 
use of these frequencies. Licensees may use either a two-way link or 
one or both frequencies of a frequency pair for a one-way link and 
shall coordinate proposed operations pursuant to procedures required in 
Sec. 101.103(d) of this chapter.
* * * * *

    16. Section 74.638(b) is revised to read as follows:


Sec. 74.638  Frequency coordination.

* * * * *
    (b) Coordination of assignments in the 6425-6525 MHz and 17.7-19.7 
GHz bands will be in accordance with the procedure established in 
Sec. 101.103(d) of this chapter except that the prior

[[Page 54173]]

coordination process for mobile (temporary fixed) assignments may be 
completed orally and the period allowed for response to a coordination 
notification may be less than 30 days if the parties agree.

    17. Section 74.651 is revised by adding paragraph (e) to read as 
follows:


Sec. 74.651  Equipment changes.

* * * * *
    (e) Permissible changes in equipment operating in the band 19.26-
19.3 GHz. Notwithstanding other provisions of this section, licensees 
of stations that remain co-primary under the provisions of 
Sec. 74.602(g) may not make modifications to their systems that 
increase interference to satellite earth stations, or result in a 
facility that would be more costly to relocate.

PART 78--CABLE TELEVISION RELAY SERVICE

    18. The authority citation for part 78 continues to read as 
follows:

    Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 
152, 153, 154, 301, 303, 307, 308, 309.

    19. Section 78.18(a)(4) introductory text is revised to read as 
follows:


Sec. 78.18  Frequency assignments.

    (a) * * *
    (4) The Cable Television Relay Service is also assigned the 
following frequencies in the 17,700-19,700 MHz band. These frequencies 
are co-equally shared with stations in other services under parts 25, 
74, and 101 of this chapter. Cable Television Relay Service stations 
operating on frequencies in the sub-band 19.26-19.3 GHz that were 
licensed or had applications pending before the Commission as of 
September 18, 1998 may continue those operations on a shared co-primary 
basis with other services under parts 25, 74, and 101 of this chapter. 
Such stations, however, are subject to relocation by licensees in the 
fixed-satellite service. Such relocation is subject to the provisions 
of Secs. 101.85 through 101.97 of this chapter. No new part 78 licenses 
will be granted in the 19.26-19.3 GHz band after June 8, 2000. 
Licensees may use either a two-way link or one or both frequencies of a 
frequency pair for a one-way link and shall coordinate proposed 
operations pursuant to procedures required in Sec. 101.103 (d) of this 
chapter. These bands may be used for analog or digital modulation.
* * * * *

    20. Section 78.36(b) is revised to read as follows:


Sec. 78.36  Frequency coordination.

* * * * *
    (b) 6425-6525 MHz and 17.7-19.7 GHz. Coordination of fixed and 
mobile assignments will be in accordance with the procedure established 
in Sec. 101.103(d) of this chapter, except that the prior coordination 
process for mobile (temporary fixed) assignments may be completed 
orally and the period allowed for response to a coordination 
notification may be less than 30 days if the parties agree.

    21. Section 78.109 is amended by adding paragraph (d) to read as 
follows:


Sec. 78.109  Equipment changes.

* * * * *
    (d) Permissible changes in equipment operating in the band 19.26-
19.3 GHz. Notwithstanding other provisions of this section, licensees 
of stations that remain co-primary under the provisions of 
Sec. 78.18(a)(4) may not make modifications to their systems that 
increase interference to satellite earth stations, or result in a 
facility that would be more costly to relocate.

PART 101--FIXED MICROWAVE SERVICES

    22. The authority citation for part 101 continues to read as 
follows:

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

    23. An undesignated centerheading and Secs. 101.83, 101.85, 101.89, 
101.91. 101.95, and 101.97 are added to subpart B to read as follows:

Policies Governing Fixed Service Relocation From the 18.58-19.30 GHz 
Band

101.83  Modification of station license.
101.85  Transition of the 18.58-19.3 GHz band from the terrestrial 
fixed services to the fixed-satellite service (FSS).
101.89  Negotiations.
101.91  Involuntary relocation procedures.
101.95  Sunset provisions for licensees in the 18.58-19.26 GHz band.
101.97  Future licensing in the 18.58-19.30 GHz band.

Policies Governing Fixed Service Relocation From the 18.58-19.30 
GHz Band


Sec. 101.83  Modification of station license.

    Permissible changes in equipment operating in the band 18.58-19.3 
GHz: Notwithstanding other provisions of this section, stations that 
remain co-primary under the provisions of Sec. 101.147(r) may not make 
modifications to their systems that increase interference to satellite 
earth stations, or result in a facility that would be more costly to 
relocate.


Sec. 101.85  Transition of the 18.58-19.3 GHz band from the terrestrial 
fixed services to the fixed-satellite service (FSS).

    Fixed services (FS) frequencies in the 18.58-19.3 GHz bands listed 
in Secs. 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) of this 
chapter, and Sec. 101.147(a) and (r) have been allocated for use by the 
fixed-satellite service (FSS). The rules in this section provide for a 
transition period during which FSS licensees may relocate existing FS 
licensees using these frequencies to other microwave bands.
    (a) FSS licensees may negotiate with FS licensees authorized to use 
frequencies in the 18.58-19.30 GHz band for the purpose of agreeing to 
terms under which the FS licensees would:
    (1) Relocate their operations to other fixed microwave bands or 
other media; or alternatively
    (2) Accept a sharing arrangement with the FSS licensee that may 
result in an otherwise impermissible level of interference to the FSS 
operations.
    (b) FS operations in the 18.58-19.30 GHz band that remain co-
primary under the provisions of Secs. 21.901(e), 74.502(c), 74.602(d), 
and 78.18(a)(4) of this chapter, and Sec. 101.147(r) will continue to 
be co-primary with the FSS users of this spectrum until June 8, 2010 or 
until the relocation of the fixed service operations, whichever occurs 
sooner. After June 8, 2010, only FS operations in the band 19.26-19.3 
GHz will continue to be co-primary with the FSS users. Notwithstanding 
this continued co-primary status, FS users in the 19.26-19.3 GHz band 
remain subject to the relocation procedures of Secs. 101.85 through 
101.95. If no agreement is reached during the negotiations, an FSS 
licensee may initiate relocation procedures. Under the relocation 
procedures, the incumbent is required to relocate, provided that the 
FSS licensee meets the conditions of Sec. 101.91.
    (c) Negotiation periods are defined as follows:
    (1) Non-public safety incumbents will have a two-year negotiation 
period.
    (2) Public safety incumbents will have a three-year negotiation 
period.


Sec. 101.89  Negotiations.

    (a) The negotiation is triggered by the fixed-satellite service 
(FSS) licensee, who must contact the fixed services (FS) licensee and 
request that negotiations begin.
    (b) Once negotiations have begun, an FS licensee may not refuse to 
negotiate and all parties are required to negotiate in good faith. Good 
faith requires each party to provide information to the other

[[Page 54174]]

that is reasonably necessary to facilitate the relocation process. In 
evaluating claims that a party has not negotiated in good faith, the 
FCC will consider, inter alia, the following factors:
    (1) Whether the FSS licensee has made a bona fide offer to relocate 
the FS licensee to comparable facilities in accordance with 
Sec. 101.91(b);
    (2) If the FS licensee has demanded a premium, the type of premium 
requested (e.g., whether the premium is directly related to relocation, 
such as system-wide relocations and analog-to-digital conversions, 
versus other types of premiums), and whether the value of the premium 
as compared to the cost of providing comparable facilities is 
disproportionate (i.e., whether there is a lack of proportion or 
relation between the two);
    (3) What steps the parties have taken to determine the actual cost 
of relocation to comparable facilities;
    (4) Whether either party has withheld information requested by the 
other party that is necessary to estimate relocation costs or to 
facilitate the relocation process.
    (c) Any party alleging a violation of our good faith requirement 
must attach an independent estimate of the relocation costs in question 
to any documentation filed with the Commission in support of its claim. 
An independent cost estimate must include a specification for the 
comparable facility and a statement of the costs associated with 
providing that facility to the incumbent licensee.
    (d) Negotiations will commence when the FSS licensee informs the FS 
licensee in writing of its desire to negotiate. Negotiations will be 
conducted with the goal of providing the FS licensee with comparable 
facilities, defined as facilities possessing the following 
characteristics:
    (1) Throughput. Communications throughput is the amount of 
information transferred within a system in a given amount of time. If 
analog facilities are being replaced with analog, the FSS licensee is 
required to provide the FS licensee with an equivalent number of 4 kHz 
voice channels. If digital facilities are being replaced with digital, 
the FSS licensee must provide the FS licensee with equivalent data 
loading bits per second (bps). FSS licensees must provide FS licensees 
with enough throughput to satisfy the FS licensee's system use at the 
time of relocation, not match the total capacity of the FS system.
    (2) Reliability. System reliability is the degree to which 
information is transferred accurately within a system. FSS licensees 
must provide FS licensees with reliability equal to the overall 
reliability of their system. For digital data systems, reliability is 
measured by the percent of time the bit error rate (BER) exceeds a 
desired value, and for analog or digital voice transmissions, it is 
measured by the percent of time that audio signal quality meets an 
established threshold. If an analog voice system is replaced with a 
digital voice system, only the resulting frequency response, harmonic 
distortion, signal-to-noise ratio and its reliability will be 
considered in determining comparable reliability.
    (3) Operating costs. Operating costs are the cost to operate and 
maintain the FS system. FSS licensees must compensate FS licensees for 
any increased recurring costs associated with the replacement 
facilities (e.g., additional rental payments, increased utility fees) 
for five years after relocation. FSS licensees may satisfy this 
obligation by making a lump-sum payment based on present value using 
current interest rates. Additionally, the maintenance costs to the FS 
licensee must be equivalent to the 18 GHz system in order for the 
replacement system to be considered comparable.


Sec. 101.91  Involuntary relocation procedures.

    (a) If no agreement is reached during the negotiations period, an 
FSS licensee may initiate relocation procedures under the Commission's 
rules. FSS licensees are obligated to pay to relocate only the specific 
microwave links from which their systems may receive interference. 
Under these procedures, the FS licensee is required to relocate, 
provided that the FSS licensee:
    (1) Guarantees payment of relocation costs, including all 
engineering, equipment, site and FCC fees, as well as any legitimate 
and prudent transaction expenses incurred by the FS licensee that are 
directly attributable to the relocation, subject to a cap of two 
percent of the hard costs involved. Hard costs are defined as the 
actual costs associated with providing a replacement system, such as 
equipment and engineering expenses. FSS licensees are not required to 
pay FS licensees for internal resources devoted to the relocation 
process. FSS licensees are not required to pay for transaction costs 
incurred by FS licensees during the negotiations once the negotiation 
is initiated, or for fees that cannot be legitimately tied to the 
provision of comparable facilities;
    (2) Completes all activities necessary for implementing the 
replacement facilities, including engineering and cost analysis of the 
relocation procedure and, if radio facilities are used, identifying and 
obtaining, on the incumbents' behalf, new microwave frequencies and 
frequency coordination; and
    (3) Builds the replacement system and tests it for comparability 
with the existing 18 GHz system.
    (b) Comparable facilities. The replacement system provided to an 
incumbent during a relocation must be at least equivalent to the 
existing FS system with respect to the following three factors:
    (1) Throughput. Communications throughput is the amount of 
information transferred within a system in a given amount of time. If 
analog facilities are being replaced with analog, the FSS licensee is 
required to provide the FS licensee with an equivalent number of 4 kHz 
voice channels. If digital facilities are being replaced with digital, 
the FSS licensee must provide the FS licensee with equivalent data 
loading bits per second (bps). FSS licensees must provide FS licensees 
with enough throughput to satisfy the FS licensee's system use at the 
time of relocation, not match the total capacity of the FS system.
    (2) Reliability. System reliability is the degree to which 
information is transferred accurately within a system. FSS licensees 
must provide FS licensees with reliability equal to the overall 
reliability of their system. For digital data systems, reliability is 
measured by the percent of time the bit error rate (BER) exceeds a 
desired value, and for analog or digital voice transmissions, it is 
measured by the percent of time that audio signal quality meets an 
established threshold. If an analog voice system is replaced with a 
digital voice system, only the resulting frequency response, harmonic 
distortion, signal-to-noise ratio and its reliability will be 
considered in determining comparable reliability.
    (3) Operating costs. Operating costs are the cost to operate and 
maintain the FS system. FSS licensees must compensate FS licensees for 
any increased recurring costs associated with the replacement 
facilities (e.g., additional rental payments, increased utility fees) 
for five years after relocation. FSS licensees may satisfy this 
obligation by making a lump-sum payment based on present value using 
current interest rates. Additionally, the maintenance costs to the FS 
licensee must be equivalent to the 18 GHz system in order for the 
replacement system to be considered comparable.
    (c) The FS licensee is not required to relocate until the 
alternative facilities are available to it for a reasonable time

[[Page 54175]]

to make adjustments, determine comparability, and ensure a seamless 
handoff.
    (d) If the FS licensee demonstrates to the Commission that the new 
facilities are not comparable to the former facilities, the Commission 
may require the FSS licensee to further modify or replace the FS 
licensee's equipment.


Sec. 101.95  Sunset provisions for licensees in the 18.58-19.26 GHz 
band.

    (a) FSS licensees are not required to pay relocation costs after 
the relocation rules sunset (see Secs. 74.502(c), 74.602(g), and 
78.18(a)(4) of this chapter, and Sec. 101.147 (a) and (r)). Once the 
relocation rules sunset, an FSS licensee may require the incumbent to 
cease operations, provided that the FSS licensee intends to turn on a 
system within interference range of the incumbent, as determined by TIA 
Bulletin 10-F or any standard successor. FSS licensee notification to 
the affected FS licensee must be in writing and must provide the 
incumbent with no less than six months to vacate the spectrum. After 
the six-month notice period has expired, the FS licensee must turn its 
license back into the Commission, unless the parties have entered into 
an agreement which allows the FS licensee to continue to operate on a 
mutually agreed upon basis.
    (b) If the parties cannot agree on a schedule or an alternative 
arrangement, requests for extension will be accepted and reviewed on a 
case-by-case basis. The Commission will grant such extensions only if 
the incumbent can demonstrate that:
    (1) It cannot relocate within the six-month period (e.g., because 
no alternative spectrum or other reasonable option is available); and
    (2) The public interest would be harmed if the incumbent is forced 
to terminate operations (e.g., if public safety communications services 
would be disrupted).


Sec. 101.97  Future licensing in the 18.58-19.30 GHz band.

    (a) After June 8, 2000, all major modifications and extensions to 
existing FS systems in the 18.58-19.30 band (with the exception of 
certain low power operations authorized under Sec. 101.147(r)(10)) will 
be authorized on a secondary basis to FSS systems. All other 
modifications will render the modified FS license secondary to FSS 
operations, unless the incumbent affirmatively justifies primary status 
and the incumbent FS licensee establishes that the modification would 
not add to the relocation costs for FSS licensees. Incumbent FS 
licensees will maintain primary status for the following technical 
changes:
    (1) Decreases in power;
    (2) Minor changes (increases or decreases) in antenna height;
    (3) Minor location changes (up to two seconds);
    (4) Any data correction which does not involve a change in the 
location of an existing facility;
    (5) Reductions in authorized bandwidth;
    (6) Minor changes (increases or decreases) in structure height;
    (7) Changes (increases or decreases) in ground elevation that do 
not affect centerline height;
    (8) Minor equipment changes.
    (b) The provisions of Sec. 101.83 are applicable, notwithstanding 
any other provisions of this section.

    24. Section 101.101 is amended by removing the entry for the 
17,700-18,580 MHz band and adding two entries in numerical order to 
read as follows:


Sec. 101.101  Frequency availability.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Radio service
                                   ---------------------------------------------------------------------------------------------------------------------
       Frequency band (MHz)                                                                                 Other  (Parts 15, 21,
                                     Common carrier (Part     Private radio (Part    Broadcast  auxiliary    22, 24, 25, 74, 78 &          Notes
                                             101)                    101)                  (Part 74)                 100)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
          *                  *                  *                  *                  *                  *                  *
17,700-18,300.....................  CC                      OFS                       TV BAS                  CARS
18,300-18,580.....................  CC                      OFS                       TV BAS                  CARS SAT
 
          *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    25. In Sec. 101.147, paragraph (a) is amended by removing the 
entries 17,700-18,820 MHz, 18,820-18,920 MHz, 18,920-19,160 MHz, 
19,160-19,260 MHz and 19,260-19,700 MHz and by adding four new entries 
and note 30 in numerical order, paragraph (r) introductory text is 
revised and paragraph (r)(10)(iv) is added to read as follows:


Sec. 101.147  Frequency assignments.

    (a) * * *

17,700-18,300 MHz (10) (15)
18,300-18,580 MHz (5) (10) (15)
18,580-19,300 MHz (22) (30)
19,300-19,700 MHz (5) (10) (15)
* * * * *

Notes

* * * * *
    (30) The frequency band 18,580-19,300 GHz is not available for 
new licensees after June 8, 2000, except for low power indoor 
stations in the band 18,820-18,870 MHz and 19,160-19,210 MHz.
* * * * *
    (r) 17,700 to 19,700 and 24,250 to 25,250 MHz. Stations operating 
on the following frequencies in the band 18.58-18.8 GHz that were 
licensed or had applications pending before the Commission as of June 
8, 2000 may continue those operations on a shared co-primary basis with 
other services under parts 21, 25, and 74 of this chapter until June 8, 
2010. Those stations operating on the following frequencies in the band 
18.8-19.3 GHz that were licensed or had applications pending before the 
Commission as of September 18, 1998 may continue those operations on a 
shared co-primary basis with other services under parts 21, 25, and 74 
of this chapter until June 8, 2010. After June 8, 2010, operations in 
the 18.58-19.26 GHz band are not entitled to protection from fixed-
satellite service operations and must not cause unacceptable 
interference to fixed-satellite service station operations. No new part 
101 licenses will be granted in the 18.58-19.3 GHz band

[[Page 54176]]

after June 8, 2000, except for certain low power operations authorized 
under paragraph (r)(10) of this section, which may continue to operate 
on a co-primary basis. Licensees may use either a two-way link or one 
frequency of a frequency pair for a one-way link and must coordinate 
proposed operations pursuant to the procedures required in 
Sec. 101.103. (Note, however, that stations authorized as of September 
9, 1983, to use frequencies in the band 17.7-19.7 GHz may, upon proper 
application, continue to be authorized for such operations, consistent 
with the conditions related to the 18.58-19.30 GHz band.)
* * * * *
    (10) * * *
    (iv) Low power stations authorized in the band 18.8-19.3 GHz after 
June 8, 2000 are restricted to indoor use only.
* * * * *
[FR Doc. 00-22238 Filed 9-6-00; 8:45 am]
BILLING CODE 6712-01-P