[Federal Register Volume 66, Number 207 (Thursday, October 25, 2001)]
[Proposed Rules]
[Pages 53973-53974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26840]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 00-258; RM-9911; FCC 01-256]


New Advanced Wireless Services

AGENCY: Federal Communications Commission.

ACTION: Denial of Petition for Reconsideration of Notice of Proposed 
Rule Making.

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SUMMARY: This document responds to the Petition for Reconsideration 
filed by Satellite Industry Association. The petition requested that we 
reconsider our decision not to allocate the 2500-2520 MHz and 2670-2690 
MHz bands for Mobile Satellite Service use for 3G services. We affirm 
our finding that the Mobile Satellite Service has sufficient spectrum 
without those band segments.

FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering 
and Technology, (202) 418-2452.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, ET Docket No. 00-258, FCC 01-256, adopted 
September 6, 2001, and released September 24, 2001. The full text of 
this Commission decision is available on the Commission's Internet site 
at www.fcc.gov. It is available for inspection and copying during 
normal business hours in the FCC Reference Information Center, Room CY-
A257, 445 12th Street, SW., Washington, DC, and also may be purchased 
from the Commission's duplication contractor, Qualex International, 
(202) 863-2893, Room CY-B402, 445 12th Street, SW., Washington, DC 
20554.

Summary of the Memorandum Opinion and Order

    1. In this Memorandum Opinion and Order (``MO&O''), we deny a 
petition for reconsideration filed by the Satellite Industry 
Association (``SIA'') of the Notice of Proposed Rule Making and Order, 
66 FR 7483, January 23, 2001, in this proceeding. SIA requested that we 
reconsider our decision not to allocate the 2500-2520 MHz and 2670-2690 
MHz bands for Mobile Satellite Service (``MSS'') use for 3G services, 
but we affirm our prior determination that reallocation of the 2.5 GHz 
band to the MSS is unwarranted because sharing between terrestrial and 
satellite systems would present substantial technical challenges in 
that band and MSS already has access to a significant amount of 
spectrum below 3 GHz to meet its needs in the foreseeable future.
    2. In its petition for reconsideration, SIA maintains that there is 
no evidence that spectrum sharing between fixed services and MSS will 
result in interference and that existing MSS spectrum allocations are 
insufficient. SIA cites Telecommunications Industry Association 
(``TIA'') joint working group TR14.11/TR34.2 as finding in its 
Telecommunications System Bulletin (``TSB'') 86 that sharing between 
fixed services and MSS is feasible. SIA also argues that the geographic 
separation of MSS and Instructional Television Fixed Service/
Multichannel Multipoint Distribution Services (``ITFS/MMDS'') users 
should significantly alleviate any potential interference between the 
services. Finally, SIA argues that interference from MSS spacecraft was 
addressed by the International Telecommunication Union (``ITU'') over 
the 1994-1996 period and power flux density limits were developed to 
protect fixed services operating in the 2500-2520 MHz and 2670-2690 MHz 
bands. SIA contends that these limits have been incorporated into the 
ITU's Radio Regulations, and ITFS/MMDS interests have presented no 
technical evidence to support their claim that those limits are 
insufficient to protect ITFS/MMDS licensees from MSS interference. 
Therefore, SIA contends that we must reconsider our decision to dismiss 
its petition for reconsideration and request comment on the merits of 
allocating the 2500-2520 MHz and 2670-2690 MHz bands to MSS on a shared 
basis with fixed services.
    3. Commenters opposed SIA's petition for reconsideration on both 
procedural and substantive grounds. We agree with these commenters that 
SIA's petition for reconsideration relies on facts that have not been 
presented to the Commission previously. Section 1.429(b) of our rules 
states:
    A petition for reconsideration which relies on facts which have not 
previously been presented to the Commission will be granted only under 
the following circumstances:
    (1) The facts relied on relate to events which have occurred or 
circumstances which have changed since the last opportunity to present 
them to the Commission;
    (2) The facts relied on were unknown to petitioner until after his 
last opportunity to present them to the Commission, and he could not 
through the exercise of ordinary diligence have learned of the facts in 
question prior to such opportunity; or
    (3) The Commission determines that consideration of the facts 
relied on is required in the public interest.
    4. SIA submitted its petition for rulemaking in April 2000, 
significantly after the October 1999 TSB 86 document was published and 
even more significantly after the 1994-1996 ITU work that SIA cites in 
its petition for reconsideration. Thus, SIA properly should have cited 
the TSB 86 document and the ITU work in its petition for rulemaking. 
Even in its petition for reconsideration, SIA does not explain the 
relevance of this material to its petition. TSB 86 is titled ``Criteria 
and Methodology to Assess Interference Between Systems in the Fixed 
Service and the Mobile-Satellite Service in the Band 2165-2200 MHz'' 
and thus was prepared for analyzing interference in another frequency 
band for space-to-Earth satellite links. Further, the working group 
that prepared TSB 86 ``was formed under the auspices of TIA following a 
number of informal discussions among representatives of the mobile 
satellite and terrestrial fixed microwave point-to-point service 
industry sectors.'' Thus, contrary to SIA and Globalstar, TSB 86 does 
not appear relevant either to the 2500-2690 MHz band or to the ITFS/
MMDS point-to-multipoint licensees that use that band.

[[Page 53974]]

Additionally, neither SIA nor Globalstar explains how power flux 
density limits that they contend the ITU developed for that band would 
permit sharing of the 2500-2520 MHz and 2670-2690 MHz band segments by 
the MSS and ITFS/MMDS. Globalstar cites Recommendation ITU-R M.1142-1; 
however, the Recommendation ``applies only for sharing in the space-
Earth direction. No specific criteria have been developed for sharing 
in the Earth-to-space direction.''
    5. We also agree with opponents of SIA's petition for 
reconsideration that ITFS/MMDS licensees are deploying services in 
rural, as well as urban, areas; thus, in a best case scenario, the 
areas in which geographical sharing with MSS could occur would be quite 
limited. Moreover, given the fact that we are herein permitting mobile, 
as well as fixed, use of the 2500-2690 MHz band by ITFS/MMDS licensees, 
the possibility of such sharing is further sharply diminished. 
Therefore, we find that authorizing MSS use of the 2500-2520 MHz and 
2670-2690 MHz band segments would result in little, if any, actual MSS 
use of those segments while greatly complicating their use for ITFS/
MMDS.
    6. Finally, we affirm our finding that MSS has sufficient spectrum 
without those band segments, and note that our International Bureau 
recently authorized eight new MSS systems in the 1990-2025 MHz and 
2165-2200 MHz bands. While we recognize that our Further NPRM solicits 
comment on reallocating portions of those bands for advanced mobile 
terrestrial services and that a companion Notice of Proposed Rule 
Making, IB Docket No. 01-185 and ET Docket No. 95-18, 66 FR 47621, 
September 13, 2001, solicits comment on bringing flexibility to the 
delivery of communications by MSS providers, final decisions on these 
proposals will take into account the needs of the MSS. We note that the 
ITU has adopted a resolution inviting studies of the sharing and 
coordination issues in several bands, including the 2500-2520 MHz and 
2670-2690 MHz bands, ``related to use of the mobile-satellite service 
allocations for the satellite component of IMT-2000 and the use of this 
spectrum by the other allocated services . . .'' Our action here is 
without prejudice to renewal of SIA's request, in the event ITU studies 
develop new methods for sharing or coordination that would result in 
enhanced service to the public, without creating significant 
complications for provision of existing service. Accordingly, we deny 
SIA's petition for reconsideration. The petition for reconsideration 
filed by the Satellite Industry Association Is Denied .

List of Subjects in 47 CFR Part 2

    Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-26840 Filed 10-24-01; 8:45 am]
BILLING CODE 6712-01-P