[Federal Register Volume 66, Number 178 (Thursday, September 13, 2001)]
[Rules and Regulations]
[Page 47591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23046]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket Nos. 00-258 and 95-18, IB Docket No. 99-81; FCC 01-224]


Introduction of New Advanced Mobile and Fixed Terrestrial 
Wireless Services; Use of Frequencies Below 3 GHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document resolves issues raised in petitions for 
reconsideration of a prior Commission decision adopting a band 
arrangement for the 1990-2025 MHz and 2165-2200 MHz Mobile Satellite 
Service bands. The action is taken to coordinate our actions in this 
proceeding with various pending matters involving the Mobile Satellite 
Service and to respond to the outstanding petitions.

DATES: Effective September 13, 2001.

FOR FURTHER INFORMATION CONTACT: John Spencer, 202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Memorandum Opinion 
and Order (MO&O) portion of the Commission's Memorandum Opinion and 
Order and Further Notice of Proposed Rulemaking in ET Docket No. 00-
258, ET Docket No. 95-18, and IB Docket No. 99-81, adopted August 9, 
2001, and released August 20, 2001. The Further Notice of Proposed 
Rulemaking portion of this decision is published elsewhere in this 
edition of the Federal Register. The complete text of this Memorandum 
Opinion and Order and Further Notice of Proposed Rulemaking is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Courtyard Level, 445 12th Street, 
S.W., Washington, DC, and also may be purchased from the Commission's 
copy contractor, Qualex International, Portals II, 445 12th Street, SW, 
Room CY-B402, Washington, DC 20554.

Synopsis of the MO&O

    1. In this MO&O, together with the associated Further Notice of 
Proposed Rulemaking, the Commission continues to explore possible use 
of frequency bands below 3 GHz to support the introduction of new 
advanced mobile and fixed terrestrial wireless services (advanced 
wireless services), including third generation (3G) and future 
generations of wireless systems. The MO&O resolves in part two 
petitions for reconsideration of decisions the Commission made in a 
Report and Order in August 2000 (R&O), which adopted licensing and 
service rules for the 2 GHz Mobile Satellite Service (MSS), and which 
provided spectrum for all then-pending systems. The R&O can be found at 
65 FR 59140, October 4, 2000. Two parties, Globalstar, L.P. 
(Globalstar) and Final Analysis Communication Services, Inc. (Final 
Analysis) filed timely requests for reconsideration of the R&O.
    2. Globalstar sought reconsideration of the Commission's decisions 
that two blocks of 3.5 megahertz each is a sufficient minimum amount of 
spectrum for each operator, to defer establishing a mechanism for 
redistributing abandoned spectrum, and not to adopt Globalstar's 
proposed ``all-shared'' licensing arrangement. Final Analysis argued 
that the Commission should have made abandoned spectrum available not 
just for 2 GHz MSS systems proposing voice (among other) services, but 
to all MSS proponents, including those proposing or providing 
exclusively non-voice services. Globalstar and Final Analysis also 
sought reconsideration of the Commission's decision to reserve spectrum 
for system expansion by systems that target service to unserved areas. 
Final Analysis asked that eligibility to apply for the expansion 
spectrum not be limited to 2 GHz MSS systems, and that other MSS 
systems be permitted to apply for the reserved spectrum.
    3. The MO&O grants in part Globalstar's and Final Analysis's 
petitions for reconsideration. Specifically, the Commission reconsiders 
the decision in the R&O to defer ``until after achievement of each of 
our system implementation milestones'' evaluation of whether to 
redistribute abandoned spectrum or make it available to new entrants. 
The Commission also reconsiders its decision to reserve a segment of 
the 2 GHz MSS spectrum for system expansion.
    4. The MO&O denies, however, Globalstar's petition for 
reconsideration insofar as it sought adoption of its ``all-shared'' 
licensing arrangement. The MO&O also denies Final Analysis's request 
for reconsideration of the Commission's decision to defer the issue of 
enhanced 911 (E911) requirements for 2GHz MSS proponents until the 
matter can be more appropriately addressed in the Global Mobile 
Personal Communications by Satellite Proceeding. (See Notice of 
Proposed Rulemaking in IB Docket No. 99-67, 64 FR 16687, April 6, 
1999.)

Ordering Clauses

    5. The petition for reconsideration of the 2 GHZ MSS R&O filed by 
Globalstar, L.P. is granted to the extent indicated and is otherwise 
denied.
    6. The petition for reconsideration of the 2 GHz MSS R&O filed by 
Final Analysis Communications Services, Inc., is granted to the extent 
indicated and is otherwise denied.

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-23046 Filed 9-12-01; 8:45 am]
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