[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Proposed Rules]
[Pages 35399-35406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15972]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, 101

[IB Docket No. 97-95; FCC 01-182]


Allocation and Designation of Spectrum in the 36.0-43.5 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Further notice of proposed rulemaking.

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SUMMARY: This document proposes rule changes to the domestic frequency 
spectrum plan to provide satellite and terrestrial operators greater 
certainty about the scope of operations in the 36.0-43.5 GHz band. This 
document also proposes to adopt specific power flux-density limits on 
satellite operations in portions of this band. The proposed rules 
reflect decisions reached at the 2000 World Radiocommunication 
Conference (WRC-2000) in Istanbul, Turkey.

DATES: Submit comments on or before September 4, 2001. Submit reply 
comments on or before October 3, 2001.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Trey Hanbury, Planning and 
Negotiations Division, International Bureau (202) 418-0766 or via 
electronic mail: [email protected], or Charles Breig, Planning and 
Negotiations Division, International Bureau (202) 418-2156 or via 
electronic mail: [email protected].

SUPPLEMENTARY INFORMATION: This document is a summary of the 
Commission's Further Notice of Proposed Rulemaking in IB Docket No. 97-
95, RM-8811, adopted May 24, 2001 and released May 31, 2001. The Report 
and Order in IB Docket 97-95, RM-8811, was adopted December 17, 1998 
and released December 23, 1998. 64 FR 2585, January 15, 1999. The full 
text of this Commission further notice of proposed rulemaking is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room CY-A257) 445 12th Street, S.W., 
Washington, DC and may also be purchased from the Commission copy 
contractor, International Transcription Services (ITS), Inc., (202) 
857-3800, 1231 20th Street, N.W., Washington, D.C. 20036. The full text 
of this Commission further notice of proposed rulemaking is also 
available online at http://www.fcc.gov/ib/docs/finalcir.doc.

Summary of the Further Notice of Proposed Rulemaking

    This document seeks comment on proposed modifications to the 36.0-
43.5 GHz portion of the band plan that would harmonize the domestic 
band plan with the international sharing arrangement established at 
WRC-2000 and promote spectrum efficiency. In general, the Commission 
proposes to designate the 37.0-40.0 GHz band and the 42.0-42.5 GHz band 
for wireless services and to designate the 40.0-42.0 GHz band for 
satellite services. Specifically, the Commission proposes: (1) To re-
designate the 41.0-42.0 GHz band for satellite services and the 37.6-
38.6 GHz band for wireless services; and (2) to add a designation to 
the 40.5-41.0 GHz band for MSS. The Commission also proposes to adopt 
or to consider several changes to the table of frequency allocations, 
including the following: (1) Adding a Fixed-Satellite Service (FSS) 
allocation in the 37.5-37.6 GHz band; (2) shifting the Mobile-Satellite 
Service (MSS) allocation from the 39.5-40.0 GHz band to the 40.5-41.0 
GHz band; (3) adding a primary Government FSS allocation to the 40.5-
41.0 GHz band; (4) adding a primary FSS allocation in the 41.0-42.0 GHz 
band; (5) considering the addition of fixed and mobile for non-
Government use to the 42.5-43.5 GHz band; and (6) providing additional 
protection to Radio Astronomy in the 42.5-43.5 GHz band. Finally, the 
Commission proposes to better define the spectrum designations that the 
Commission chose for the 36.0-51.4 GHz band. The Commission seeks 
comment on the general approach to the proposed domestic implementation 
of the U.S. achievements at WRC-2000 and on each of the proposals 
individually. While the proposed band plan alters the layout of 
satellite and terrestrial service designations in the band to recognize 
the U.S. achievements at WRC-2000, the proposed band plan would not 
change the total spectrum currently designated for use by satellite and 
terrestrial wireless services.

Paperwork Reduction Act Analysis

    Because there are no new or modified paperwork requirements in the 
proposed rules, there is no increase in paperwork burden associated 
with this rulemaking.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this present Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities by 
the policies and rules proposed in this Further Notice of Proposed 
Rulemaking. Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the Further Notice of Proposed 
Rulemaking. The Commission will send a copy of the Further Notice of 
Proposed Rulemaking, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration. See 5 U.S.C. 603(a).

A. Need for and Objectives of the Proposed Rules

    In this Further Notice of Proposed Rulemaking, the Commission 
proposes to modify the band segmentation plan governing operations in 
the 36.0-43.5 GHz band to reflect decisions reached at the 2000 World 
Radiocommunication Conference (WRC-2000). To provide satellite and 
terrestrial operators with greater certainty about the scope of 
operations in this band, the Commission also proposes specific power 
flux density (PFD) limits on satellite operations in portions of this 
band. In the Further Notice of Proposed Rulemaking, the Commission 
proposes to re-designate the 41.0-42.0 GHz band

[[Page 35400]]

for satellite services and the 37.6-38.6 GHz band for wireless services 
and to add a designation to the 40.5-41.0 GHz band for MSS. The 
Commission also proposes to adopt or consider adopting several changes 
to the table of frequency allocations, including: Adding an FSS 
allocation in the 37.5-37.6 GHz band that would give FSS gateways more 
flexibility by allowing access to an additional 100 megahertz of 
spectrum; shifting the MSS allocation from the 39.5-40.0 GHz band to 
the 40.5-41.0 GHz band to meet specific U.S. government requirements, 
including NATO treaty obligations; adding a primary government FSS 
allocation to the 40.5-41.0 GHz band to offset the proposal to 
designate the 37.0-40.0 GHz band for wireless services that would 
eliminate a portion of the one gigahertz of spectrum that the U.S. 
government has sought for its use; adding a primary FSS allocation in 
the 41.0-42.0 GHz band to shift FSS to above 40 GHz, while maintaining 
the 2 gigahertz of spectrum the Commission has designated for its use; 
adding non-government fixed and mobile services to the 42.5-43.5 GHz 
band that is currently available only for U.S. government use; and 
providing additional protection to Radio Astronomy in the 42.5-43.5 GHz 
band.

B. Legal Basis

    The proposed action is taken pursuant to sections 1, 4(i), 301, 
302, 303(e), 303(f), 303(g), 303(r), 304, and 307 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301, 302, 303(e), 
303(f), 303(g), 303(r), 304, and 307.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed 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 proposed rules, if adopted. 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, the 
Commission estimates that 81,600 (96 percent) are small entities.
    Regarding future satellite use of the bands that are the subject of 
this rulemaking, the Commission has not developed a definition of small 
entities applicable to geostationary or non-geostationary orbit fixed-
satellite service applicants or licensees. Therefore, the applicable 
definition of small entity is the definition under the Small Business 
Administration (SBA) rules applicable to Communications Services, Not 
Elsewhere Classified. This definition provides that a small entity is 
one with $11.0 million or less in annual receipts. According to Census 
Bureau data, there are 848 firms that fall under the category of 
Communications Services, Not Elsewhere Classified, which could 
potentially fall into the geostationary or non-geostationary orbit 
fixed-satellite service category. Of those, approximately 775 reported 
annual receipts of $11 million or less and qualify as small entities. 
Generally, these NGSO and GSO FSS systems cost several millions of 
dollars to construct and operate. Therefore the NGSO and GSO FSS 
companies, or their parent companies, rarely qualify under this 
definition as a small entity. In addition, the proposed rules may 
affect allocations for the space research (passive) and radio astronomy 
services. There are no small entities affected by this action because 
only Federal agencies currently make use of these services.
    The Commission notes that the rules proposed in this order provide 
spectrum for future wireless and satellite licensees and the proposal 
would not affect any current non-Federal Government users. Regarding 
future terrestrial fixed and mobile use of the subject bands, the 
definition of small entity under the SBA rules for the radiotelephone 
industry provides that a small entity is a radiotelephone company 
employing no more than 1,500 persons. The 1992 Census of 
Transportation, Communications, and Utilities, conducted by the Bureau 
of the Census, which is the most recent information available, shows 
that only 12 radiotelephone firms out of a total of 1,178 such firms 
that operated during 1992 had 1,000 or more employees. While the 
Commission cannot at this time know precisely which entities will 
ultimately be utilizing all the subject spectrum, the following 
services are possibilities:
    1. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. At present, there are approximately 22,015 common carrier 
fixed licensees and 61,670 private operational-fixed licensees and 
broadcast auxiliary radio licensees in the microwave services. The 
Commission has not yet defined a small business with respect to 
microwave services. For purposes of this IRFA, the Commission will use 
the SBA's definition applicable to radiotelephone companies--i.e., an 
entity with no more than 1,500 persons. The Commission estimate that 
all of the Fixed Microwave licensees (excluding broadcast auxiliary 
licensees) would qualify as small entities under the SBA definition for 
radiotelephone companies.
    2. 39 GHz Service. The Commission defined ``small entity'' for 39 
GHz licenses as an entity that has average gross revenues of less than 
$40 million in the three previous calendar years. An additional 
classification for ``very small business'' was added and is defined as 
an entity that, together with their affiliates, has average gross 
revenues of not more than $15 million for the preceding three calendar 
years. These regulations defining ``small entity'' in the context of 39 
GHz auctions have been approved by the SBA. The auction of the 2,173 39 
GHz licenses began on April 12, 2000 and closed on May 8, 2000. The 18 
bidders who claimed small business status won 849 licenses.
    3. Local Multipoint Distribution Service. The auction of the 1,030 
Local Multipoint Distribution Service (LMDS) licenses began on February 
18, 1998 and closed on March 25, 1998. The Commission defined ``small 
entity'' for LMDS licenses as an entity that has average gross revenues 
of less than $40 million in the three previous calendar year. An 
additional classification for ``very small business'' was added and is 
defined as an entity that, together with their affiliates, has average 
gross revenues of not more than $15 million for the preceding three 
calendar years. These regulations defining ``small entity'' in the 
context of LMDS auctions

[[Page 35401]]

have been approved by the SBA. There were 93 winning bidders that 
qualified as small entities in the LMDS auctions. A total of 93 small 
and very small business bidders won approximately 277 A Block licenses 
and 387 B Block licenses. On March 27, 1999, the Commission re-
auctioned 161 licenses; there were 40 winning bidders. Based on this 
information, the Commission concludes that the number of small LMDS 
licenses will include the 93 winning bidders in the first auction and 
the 40 winning bidders in the re-auction, for a total of 133 small 
entity LMDS providers as defined by the SBA and the Commission's 
auction rules.

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

    None. No incumbents are effected by this proposed action. The only 
service rule changes proposed concern power flux density limits and 
frequency tolerance and emission limitations, which do not have 
associated compliance burdens.

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

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives (among others): (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    In this Further Notice of Proposed Rulemaking, the Commission 
proposes to modify the band segmentation plan governing operations in 
the 36.0-43.5 GHz band to reflect decisions reached at WRC-2000. The 
Commission also proposes specific power flux density (PFD) limits on 
satellite operations in portions of this band.
    The Commission is initiating this proceeding to solicit comment on 
how best to domestically accommodate the changes to the international 
Radio Regulations adopted at WRC-000. The proposed changes to the 
domestic allocations seek to maximize efficient use of the radio 
spectrum by both satellite and terrestrial uses, with minimal changes 
to the existing Table of Allocations. These changes will provide 
satellite and terrestrial operators, including small entity operators, 
with greater certainty about the scope of operations in this band.
    Currently, with a proposal primarily attempting to settle spectrum 
allocation and segmentation issues, there are few alternatives being 
considered other than frequency parameters. Nevertheless, the 
Commission notes that, with respect to power flux density limits, the 
Commission considered the alternative of delaying the implementation of 
such limits until after the outcome of WRC-2003 to take into account 
further studies regarding the issue taking place at the International 
Telecommunication Union. However, the Commission rejected this 
proposal, concluding that U.S. terrestrial licensees, including small 
entities, would benefit greatly in the designing and deployment of 
their systems by knowing with certainty the limits that would apply in 
the United States. Similarly, the Commission considered and rejected 
alternative band sharing and hard segmentation plans because those 
alternatives might be overly burdensome to licensees, including small 
entity operators, or might overly restrict flexible future uses of the 
bands.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

List of Subjects

47 CFR Part 2

    Radio, Telecommunications.

47 CFR Part 25

    Communications common carriers, Radio, Satellites, 
Telecommunications.

47 CFR Part 101

    Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2, 25, and 101 
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. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
    a. Revise pages 76, 77, and 78.
    b. Add, under International Footnotes, I. New ``S'' Numbering 
Scheme, footnotes S5.551AA and S5.551G in numerical order and remove 
footnotes S5.551.B, S551.C, S551.D, and S551.E.
    c. Add United States footnotes USXXX and USYYY in numerical order.
    d. Revise Federal Government footnote G117.
    The revisions and additions read as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *

BILLING CODE 6712-01-P

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* * * * *

International Footnotes

* * * * *

I. New ``S'' Numbering Scheme

* * * * *
    S5.551AA  In the bands 37.5-40 GHz and 42-42.5 GHz, non-
geostationary-satellite systems in the fixed-satellite service 
should employ power control or other methods of downlink fade 
compensation of the order of 10 dB, such that the satellite 
transmissions are at power levels required to meet the desired link 
performance while reducing the level of interference to the fixed 
service. The use of downlink fade compensation methods are under 
study by ITU-R (see Resolution 84 (WRC-2000)).
* * * * *
    S5.551G  In order to protect the radio astronomy service in the 
band 42.5-43.5 GHz, the aggregate power flux-density in the 42.5-
43.5 GHz band produced by all the space stations in any non-
geostationary-satellite system in the fixed-satellite service 
(space-to-Earth) or in the broadcasting-satellite service (space-to-
Earth) system operating in the 41.5-42.5 GHz band shall not exceed 
-167 dB(W/m\2\) in any 1 MHz band at the site of a radio astronomy 
station for more that 2% of the time. The power flux-density in the 
band 42.5-43.5 GHz produced by any geostationary station in the 
fixed-satellite service (space-to-Earth) or in the broadcasting-
satellite service (space-to-Earth) operating in the band 42-42.5 GHz 
shall not exceed -167 dB(W/m\2\) in any 1 MHz band at the site of a 
radio astronomy station. These limits are provisional and will be 
reviewed in accordance with Resolution 128 (Rev.WRC-2000).
* * * * *

United States (US) Footnotes

* * * * *
    USXXX  To protect the radio astronomy service in the band 42.5-
43.5 GHz, the aggregate power flux-density in the 42.5-43.5 GHz band 
produced by all the space stations in any non-geostationary-
satellite system in the fixed-satellite service (space-to-Earth) 
operating in the 41.5-42.0 GHz band or in the broadcasting-satellite 
service (space-to-Earth) system operating in the 41.5-42.5 GHz band 
shall not exceed -167 dB(W/m\2\) in any 1 MHz band at the site of a 
radio astronomy station for more that 2% of the time. The power 
flux-density in the band 42.5-43.5 GHz produced by any geostationary 
station in the broadcasting-satellite service (space-to-Earth) 
operating in the band 42-42.5 GHz shall not exceed -167 dB(W/m\2\) 
in any 1 MHz band at the site of a radio astronomy station.
    USYYY  In the band 39.5-40 GHz, Government earth stations in the 
mobile-satellite service (space-to-Earth) shall not claim protection 
from non-Government stations in the fixed and mobile services. 
S5.43A does not apply.
* * * * *

Federal Government (G) Footnotes

* * * * *
    G117  In the bands 7.25-7.75 GHz, 7.9-8.4 GHz, 17.8-21.2 GHz, 
30-31 GHz, 33-36 GHz, 39.5-41 GHz, 43.5-45.5 GHz and 50.4-51.4 GHz, 
the Government fixed-satellite and mobile-satellite services are 
limited to military systems.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

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

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309 and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.

    4. Section 25.202(a)(1) is revised as follows:


Sec. 25.202  Frequencies, frequency tolerance and emission limitations.

    (a)(1) Frequency band. 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. The table 
follows:

------------------------------------------------------------------------
                          Space-to-earth (GHz)
-------------------------------------------------------------------------
3.7-4.2\1\
10.7-10.95 1 12
10.95-11.2 1 2 12
11.2-11.45 1 12
11.45-11.7 1 2 12
11.7-12.2 \3\
12.2-12.7 \13\
18.3-18.58 1 10
18.58-18.8 6 10 11
18.8-19.3 7 10
19.3-19.78 10
19.7-20.2 \10\
37.5-40 \14\
40-42
------------------------------------------------------------------------
                          Earth-to-space (GHz)
------------------------------------------------------------------------
5.925-6.425 \1\
12.75-13.15 1 12
13.2125-13.25 1 12
13.75-14 4 12
14-14.2 \5\
14.2-14.5
17.3-17.8 \9\
27.5-29.5 \1\
29.5-30
48.2-50.2
------------------------------------------------------------------------
\1\ This band is shared coequally with terrestrial radiocommunication
  services.
\2\ Use of this band by geostationary satellite orbit satellite systems
  in the fixed-satellite service is limited to international systems;
  i.e., other than domestic systems.
\3\ 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 and grandfathered space stations in the Tracking
  and Data Relay Satellite System.
\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 radiocommunication systems until June 8, 2010.
\7\ The band 18.8-19.3 GHz is shared co-equally with terrestrial
  radiocommunication services, until June 8, 2010. After this date, the
  sub-band 19.26-19.3 GHz is shared co-equally with existing terrestrial
  radiocommunication 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.
\12\ Use of this band by non-geostationary satellite orbit systems in
  the fixed-satellite service is limited to gateway earth station
  operations.
\13\ Use of this band by the fixed-satellite service is limited to non-
  geostationary satellite orbit systems.
\14\ Use of this band by the fixed-satellite service is limited to
  ``gateway'' earth station operations, provided the licensee under this
  part obtains a license under part 101 of this chapter or an agreement
  from a part 101 licensee for the area in which an earth station is to
  be located. Satellite earth station facilities in this band may not be
  ubiquitously deployed and may not be used to serve individual
  consumers.

* * * * *
    5. Section 25.208 is amended by adding new paragraphs (n), (o), 
(p), (q) and (r) to read as follows:


Sec. 25.208  Power flux density limits.

* * * * *
    (n)(1) In the band 37.5-40.0 GHz, the power flux-density at the 
Earth's surface produced by emissions from a non-geostationary space 
station for all conditions and for all methods of modulation shall not 
exceed the following values:
    (i) -132 dB(W/m2) in any 1 MHz band for angles of 
arrival between 0 and 5 degrees above the horizontal plane;
    (ii) -132 + 0.75 (-5) dB(W/m2) in any 1 MHz 
band for angles of arrival  (in degrees) between 5 and 25 
degrees above the horizontal plane; and
    (iii) -117 dB(W/m2) in any 1 MHz band for angles of 
arrival between 25 and 90 degrees above the horizontal plane.
    (2) These limits relate to the power flux-density that would be 
obtained under assumed free-space propagation conditions. These PFD 
limits may be exceeded by up to 12 dB under fade conditions.

[[Page 35406]]

    (o)(1) In the band 37.5-40.0 GHz, the power flux-density at the 
Earth's surface produced by emissions from a geostationary space 
station for all conditions and for all methods of modulation shall not 
exceed the following values:
    (i) -139 dB(W/m2) in any 1 MHz band for angles of 
arrival between 0 and 5 degrees above the horizontal plane;
    (ii) -139 + 4/3 (-5) dB(W/m2) in any 1 MHz band 
for angles of arrival  (in degrees) between 5 and 20 degrees 
above the horizontal plane;
    (iii) -119 + 0.4 (-20) dB(W/m2) in any 1 MHz 
band for angles of arrival  (in degrees) between 20 and 25 
degrees above the horizontal plane; and
    (iv) -117 dB(W/m2) in any 1 MHz band for angles of 
arrival between 25 and 90 degrees above the horizontal plane.
    (2) These limits relate to the power flux-density that would be 
obtained under assumed free-space propagation conditions. These PFD 
limits may be exceeded by up to 12 dB under fade conditions.
    (p)(1) In the band 40.0-40.5 GHz, 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:
    (i) -115 dB(W/m2) in any 1 MHz band for angles of 
arrival between 0 and 5 degrees above the horizontal plane;
    (ii) -115 + 0.5 (-5) dB(W/m2) in any 1 MHz band 
for angles of arrival  (in degrees) between 5 and 25 degrees 
above the horizontal plane; and
    (iii) -105 dB(W/m2) in any 1 MHz band for angles of 
arrival between 25 and 90 degrees above the horizontal plane.
    (2) These limits relate to the power flux-density that would be 
obtained under assumed free-space propagation conditions.
    (q)(1) In the band 40.5-42.0 GHz, the power flux density at the 
Earth's surface produced by emissions from a non-geostationary space 
station for all conditions and for all methods of modulation shall not 
exceed the following values:
    (i) -115 dB(W/m\2\) in any 1 MHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane;
    (ii) -115 + 0.5 (-5) dB(W/m\2\) in any 1 MHz band for 
angles of arrival (in degrees) between 5 and 25 degrees above the 
horizontal plane; and
    (iii) -105 dB(W/m\2\) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane.
    (2) These limits relate to the power flux density that would be 
obtained under assumed free-space propagation conditions.
    (r)(1) In the band 40.5-42.0 GHz, the power flux-density at the 
Earth's surface produced by emissions from a geostationary space 
station for all conditions and for all methods of modulation shall not 
exceed the following values:
    (i) -120 dB(W/m\2\) in any 1 MHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane;
    (ii) -120 + (-5) dB(W/m\2\) in any 1 MHz band for angles 
of arrival  (in degrees) between 5 and 15 degrees above the 
horizontal plane;
    (iii) -110 + 0.5(-15) dB(W/m\2\) in any 1 MHz band for 
angles of arrival  (in degrees) between 15 and 25 degrees 
above the horizontal plane; and
    (iv) -105 dB(W/m\2\) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane.
    (2) These limits relate to the power flux-density that would be 
obtained under assumed free-space propagation conditions.

PART 101--FIXED MICROWAVE SERVICES

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

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

    7. Section 101.147 is amended in paragraph (a) by revising the 
entry for 38,600-40,000 MHz in the listing of assignments and adding a 
new note (31) to read as follows:


Sec. 101.147  Frequency assignments.

    (a) * * *
38,600-40,000 MHz (4)(31)
* * * * *

Notes

* * * * *
    (31) Frequencies in this band are shared with stations in the 
fixed-satellite service, subject to the conditions specified in 
footnote 14 in 47 CFR 25.202(a)(1).
* * * * *
[FR Doc. 01-15972 Filed 7-3-01; 8:45 am]
BILLING CODE 6712-01-P