[Federal Register Volume 66, Number 25 (Tuesday, February 6, 2001)]
[Rules and Regulations]
[Page 9035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3045]



[[Page 9035]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 27

[WT Docket No. 99-168, CS Docket No. 98-120, MM Docket No. 00-39; FCC 
01-02]


Service Rules for the 746-764 and 776-794 MHz Bands; Revisions to 
Part 27 of the Commission's Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: This proceeding considers service rules for the 747-762 and 
777-792 MHz bands (the lower and upper 700 MHz commercial bands). The 
Commission, in this document, affirms an earlier decision that base 
station transmitters should be permitted to operate in the upper 700 
MHz commercial band and denies a petition for reconsideration of this 
issue. This action also responds to the petitioner's request for 
clarification as to the appropriate out-of-band emission standard for 
control stations operating in the 700 MHz commercial bands.

DATES: Effective February 6, 2001.

FOR FURTHER INFORMATION CONTACT: Legal Information: Stan Wiggins, 202-
418-1310; Technical Information: Marty Liebman, 202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Memorandum Opinion and Order (Second MO&O) in WT Docket No. 99-168; CS 
Docket No. 98-120, and MM Docket No. 00-39, FCC 01-02, adopted January 
2, 2001, and released January 12, 2001. The complete text of this 
Second MO&O is available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Courtyard 
Level, 445 12th Street, SW., Washington, DC and also may be purchased 
from the Commission's copy contractor, International Transcription 
Services (ITS, Inc.), CY-B400, 445 12th Street, SW., Washington, DC.

Synopsis of the Second Memorandum Opinion and Order

    1. The Commission adopts a Second Memorandum Opinion and Order 
(Second MO&O) in the above-cited proceeding, with regard to service 
rules for the 747-762 and 777-792 MHz bands. The Second MO&O responds 
to a petition for reconsideration of the decision in the Memorandum 
Opinion and Order in this docket (65 FR 42879, July 12, 2000) to permit 
base station transmitters to operate in both the lower and upper 700 
MHz commercial bands. Motorola, Inc. (Motorola) asked that the 
Commission reconsider this decision. As detailed in paragraphs 1 
through 13 of the full text of the Second MO&O, the Commission finds 
that allowing such transmissions should not cause additional 
interference for public safety operations, will allow for the broadest 
possible use of this spectrum, consistent with sound spectrum 
management, and will expand participation in the auction and increase 
the potential for new technologies and new services.
    2. The Commission concludes that, while interference is highly 
unlikely to occur as a result of this decision, where instances of 
interference actually occur they can be readily addressed on a case-by-
case basis, and that historically-followed coordination procedures, 
requiring cooperation and accommodation by both commercial and public 
safety entities, will generally be able to resolve such interference. 
The Commission indicates that should routine coordination procedures 
fail to resolve the interference, it will consider other appropriate 
mitigation measures.
    3. Motorola also sought clarification as to the appropriate out-of-
band emission standard for control stations operating in the 700 MHz 
commercial bands. The Commission, in the Second MO&O, clarifies that 
control stations, which are fixed stations, must comply with the same 
76 + 10 log P emission standard that applies to all base and fixed 
stations.

Authority Citation and Ordering Clauses

    1. This action is taken pursuant to sections 1, 4(i), 7, 10, 201, 
202, 208, 214, 301, 303, 307, 308, 309(j), 309(k), 310, 311, 316, 319, 
324, 332, 336, and 337 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 157, 160, 201, 202, 208, 214, 301, 303, 307, 
308, 309(j), 309(k), 310, 311, 316, 319, 324, 332, 336, and 337 and the 
Consolidated Appropriations Act, 2000, Public Law 106-113, 113 Stat. 
1501, section 213.
    The Petition for Reconsideration or Clarification filed by Motorola 
is denied, and, in accordance with section 213 of the Consolidated 
Appropriations Act, 2000, Public Law 106-113, 113 stat. 1501 (1999), 
this action shall be effective February 6, 2001.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 01-3045 Filed 2-5-01; 8:45 am]
BILLING CODE 6712-01-P