[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Rules and Regulations]
[Pages 6172-6194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2170]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1, 2, 90 and 95

[ET Docket No. 00-221; ET Docket No. 99-255; PR Docket No. 92-235; WT 
Docket 97-153; FCC 01-382]


Reallocation of 27 MHz of Spectrum

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document reallocates spectrum transferred from Federal 
Government use for non-Government services pursuant to the Omnibus 
Budget Reconciliation Act of 1993 and the Balanced Budget Act of 1997. 
Our actions here fulfill our statutory obligation to reallocate this 
transfer spectrum to non-Government users. We believe that this will 
lead to the development of new technologies and services and provide 
spectrum alternatives for users currently operating on heavily 
encumbered spectrum where operations are constrained due to congestion.

DATES: Effective April 12, 2002.
    After January 1, 2002, new assignments will no longer be permitted

[[Page 6173]]

for Government and non-Government operations in the 216-217 band.

FOR FURTHER INFORMATION CONTACT: Ira Keltz, Office of Engineering and 
Technology, (202) 418-0616, TTY (202) 418-2989, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 00-221; ET Docket No. 99-255; PR Docket No. 
92-235; WT Docket No. 97-153; FCC 01-382, adopted December 21, 2001 and 
released January 2, 2002. The full text of this document is available 
on the Commission's internet site at www.fcc.gov. It is also available 
for inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 Twelfth Street, SW, Washington, DC 
20554. The complete text of this document may be purchased from the 
Commission's duplication contractor Qualex International, (202) 863-
2893 voice, (202) 863-2898 Fax, [email protected] e-mail, Portals II, 
445 12th St., SW, Room CY-B402, Washington, DC 20554.

Summary of Report and Order

    1. The Notice of Proposed Rule Making (``NPRM''), 66 FR 7443, 
January 23, 2001, proposed to allocate a total of 27 megahertz of 
spectrum from the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 
MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz bands transferred 
from Government to non-Government use pursuant to the provisions of the 
Omnibus Budget Reconciliation Act of 1993 (OBRA-93) and the Balanced 
Budget Act of 1997 (BBA-97). These seven bands have a variety of 
continuing Government protection requirements and incumbent Government 
and non-Government uses. Despite these constraints and the relatively 
narrow bandwidth contained in each of the bands, we believe that our 
actions will foster a variety of potential applications in both new and 
existing services. The transfer of these bands to non-Government use 
should enable the development of new technologies and services, provide 
additional spectrum relief for congested private land mobile 
frequencies, and fulfill our obligation as mandated by Congress to 
assign this spectrum for non-Government use. The NPRM also requested 
comment on procedures for the reimbursement of relocation costs 
incurred by incumbent Federal Government users as mandated by the 
National Defense Authorization Act of 1999. Of the bands considered in 
this proceeding, the 216-220 MHz, 1432-1435 MHz, and 2385-2390 MHz 
bands are subject to competitive bidding and reimbursement of Federal 
incumbents.
    2. 216-220 MHz Band--we are adopting our proposal to allocate the 
216-220 MHz band to the fixed and mobile (except aeronautical mobile) 
services on a co-primary basis. In addition, we are adopting rules to 
upgrade the status of the Low Power Radio Service (LPRS) from secondary 
to primary on 216-217 MHz band. In making this allocation, we are 
retaining the secondary amateur service allocation at 219-220 MHz, the 
wildlife and ocean tracking allocation, as well as the secondary 
Government allocation. The rules adopted will continue to require 
licensees in this band to protect the Navy's SPASUR system.
    3. We observe that maintaining the secondary allocation in the 216-
220 MHz band for wildlife and ocean tracking and for Government 
operations is a departure from our proposal. However, we believe it is 
in the public interest to provide for the continuation of these 
services in this band. These services support scientific research as 
well as monitoring of critical infrastructure. In making this decision 
it is important to note that the majority of these operations tend to 
be in rural and unpopulated areas, far from where most licensees 
operate. Because it is unlikely for these existing secondary services 
to operate in proximity to new services, this action will allow the 
continuation of important operations with no impact on the ability of 
new licensees to use this band.
    4. With respect to the 217-220 MHz band, we observe that the 
allocation changes we are adopting will not provide any significant 
change to current use of the spectrum. We are eliminating the Federal 
Government's unused primary maritime mobile allocation and are 
proceeding with the service plans currently underway. The 217-218 MHz 
and 219-220 MHz segments are currently used by AMTS stations and the 
Commission has proposed rules to assign the remaining AMTS licenses by 
competitive bidding. The 218-219 MHz band is currently allocated to the 
218-219 MHz Service, formerly known as IVDS. The Commission established 
that service in 1992, and by 1995 had issued 612 licenses in 306 
Metropolitan Statistical Areas (MSAs). We plan to award licenses for 
the remaining service areas in the 218-219 MHz Service in an upcoming 
auction.
    5. With regard to the 216-217 MHz band, the LPRS auditory 
assistance and law enforcement applications are currently operating 
without encumbrance from a primary service due to technical limitations 
from adjacent band restrictions. The LPRS is ideally suited for this 
band given the technical limitations and propagation characteristics of 
the spectrum. Because LPRS devices operate with low power, they are 
susceptible to harmful interference from high-powered systems and thus 
not able to share well with many types of radios. If forced to 
relocate, it is highly unlikely that these consumer devices could be 
cost effectively retuned and instead would have to be replaced. Because 
the LPRS is licensed by rule, all spectrum in the 216-217 MHz band is 
shared among all users. Thus, it is not possible to have mutually 
exclusive applications under the current service rules. Under the 
provisions of Section 309(j), only mutually exclusive applications are 
eligible to be granted through competitive bidding.
    6. Providing a primary allocation for the LPRS in the 216-217 MHz 
band is also consistent with statutory requirements for providing 
access to facilities and services by persons with disabilities. Most 
notably, the Americans with Disabilities Act (ADA) requires businesses 
to make their public facilities and services accessible to persons with 
disabilities. In fact, many businesses, such as theaters, stadiums, and 
other public gathering places, have complied with the ADA by installing 
auditory assistance devices in their facilities. In addition, many 
states have used assistive listening devices to comply with the 
Individuals with Disabilities Education Act, which requires that State 
Government agencies provide children with disabilities with a free and 
appropriate public education. Further, the Technology-Related 
Assistance for Individuals with Disabilities Act Amendments of 1994 
promote the development and use of affordable telecommunications 
devices by persons with disabilities in places such as educational 
settings, public gathering places, and health care facilities.
    7. LPRS is also used extensively by law enforcement agencies for 
law enforcement tracking systems (LETS). These systems, which operate 
on two channels in the 216-217 MHz band, protect high-risk businesses, 
such as banks and jewelers, by assisting in the recovery of stolen 
money and property. Currently, such systems are used by local police 
departments and the Federal Bureau of Investigation in 135 cities in 
the United States and have been instrumental in reducing crime rates. 
Allowing this service to continue to operate and providing protection 
by raising its status to primary along with

[[Page 6174]]

the other LPRS Services will ensure that the valuable services provided 
by these systems remain accessible to the public. We are amending the 
Table of Frequency Allocations in Section 2.106 and the LPRS rules in 
Part 95 to provide LPRS stations with primary status. In doing so, we 
are not making any other amendments to the LPRS service rules already 
in place. LPRS stations must continue to operate within the parameters 
of the current rules and protect the reception of television channel 13 
and the Navy's SPASUR system.
    8. We believe that it will likely be difficult for secondary 
telemetry licenses to coordinate with LPRS, which is licensed by rule, 
and authorized to operate ubiquitously without prior notice. LPRS 
operations are primarily in and near urban areas. We are sympathetic 
with the Hearing Industry Association comments that LPRS devices could 
be protected from interference by prohibiting non-LPRS operations in 
major cities. While it would not be equitable to force incumbent 
operations to relocate, we believe that we should no longer accept new 
applications in order to protect LPRS devices. Accordingly, new 
assignments will no longer be permitted for Government and non-
Government operations in the 216-217 MHz band after January 1, 2002.
    9. We are proceeding with our current plans to license the 
remainder of the 217-220 MHz band by competitive bidding. Thus, we 
affirm our tentative conclusion in the NPRM that it would be 
inappropriate to allow new co-primary services in this band. In doing 
so, we note that because this band is already licensed in many areas, 
the transfer of the Federal Government spectrum will not free up 
significant additional capacity. By this action, we are rejecting the 
requests of numerous parties to this proceeding that asked for various 
rule amendments to the 216-220 MHz band. We observe that many of the 
specific requests for this band can be accommodated under the fixed and 
mobile (except aeronautical mobile) allocations we are adopting and the 
rules currently in place in the 217-220 MHz portion of the band or 
other spectrum regulated by the Commission.
    10. The Amateur Radio Relay League (ARRL) requests that we expand 
the current secondary Amateur Service allocation at 219-220 MHz to 
include the entire 216-220 MHz band. ARRL submits that currently 
amateurs must coordinate their operations in the 219-220 MHz band with 
nearby AMTS stations before operating. Because it is necessary to 
protect these critical operations, ARRL concedes that amateurs have 
only been able to make limited use of this band. Notwithstanding ARRL's 
statements that the amateur service should remain secondary under any 
expansion of the 216-220 MHz band to which amateurs have access, we do 
not believe such expansion would be appropriate. We have adopted a 
geographic area licensing scheme in the 217-220 MHz band segments, 
which should result in increased and more efficient use of these bands. 
Any increase in use of this spectrum by the Amateur Service within a 
licensee's service area could be detrimental to successful operations 
by the geographic area license. Additionally, because the existing 
complex coordination rules would have to be applied to the entire band, 
and such rules have foreclosed much use of the 219-220 MHz band by 
amateurs, we do not foresee much, if any, use of an expanded band by 
the amateur service. We also note, that amateur service licensees can 
operate message forwarding systems similar to those allowed in the 219-
220 MHz band in any band in which they have privileges. Accordingly, we 
are denying ARRL's request to extend the amateur service use of the 
band to the entire 216-220 MHz band. We will continue to make the 219-
220 MHz band available to amateurs on a secondary basis. If amateur use 
of this band significantly increases in the future, we may revisit and 
reevaluate this decision.
    11. Manufacturers and users of 216-220 MHz band telemetry equipment 
request that we elevate their operations from secondary to primary 
status. They state that such action is needed to ensure that these 
operations continue to be viable for the transmission of ``accurate, 
uncontaminated data.'' We continue to believe that secondary status is 
adequate. We have no indication that their existing secondary status 
has substantially constrained or impeded operations in this band. We 
note that many of these types of telemetry operations are temporary in 
nature and occur in areas with low population densities. If primary 
status is necessary, operators can obtain primary status, under the 
fixed and mobile (except aeronautical mobile) allocations we adopt 
herein, either by acquiring a license at the auction for the 217-218 
Service or AMTS, or by negotiating with a licensee in the desired area.
    12. With respect to the 216-217 MHz band, we note that the 
Commission asked for comment in WT Docket No. 97-153 on the need to 
protect LPRS operations from telemetry operations in that band. Based 
on the action taken here to elevate the LPRS allocation in the band to 
primary, no additional action is necessary to protect that service. 
Because LPRS is primary and telemetry remains secondary, telemetry 
operators must not cause interference to LPRS and telemetry is not 
entitled to any protection from LPRS. This regulatory structure should 
not be problematic for many of the telemetry systems in this band 
because, as stated above, many of these operations take place in rural 
areas, while the majority of LPRS operations occur in populated areas. 
With respect to the 216-217 MHz band, we decline to make changes as 
requested by Warren Havens and Securicor, except for the portion of 
these requests that encompasses the 216-217 MHz band, these requests 
are beyond the scope of this Report and Order and will be addressed in 
the Companion Service Rule Notice.

The 1.4 GHz Bands

    13. The 1.4 GHz spectrum encompasses 13 megahertz of spectrum in 
four segments at 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, and 1432-
1435 MHz. In the NPRM, we did not make specific allocation proposals 
for these bands, but instead presented several options for 
consideration.

Frequency Bands

    14. 1390-1395 MHz Band: The 1390-1395 MHz band is allocated 
internationally in ITU Region 2 on a primary basis to the radiolocation 
service, and on a secondary basis to the space research (passive) and 
Earth exploration-satellite (passive) services. Domestically, the 1390-
1395 MHz band is a Federal Government exclusive band that is allocated 
to the radiolocation service on a primary basis and to the fixed and 
mobile services on a secondary basis. Federal agencies use this band 
for long-range air defense radars, military test range telemetry links, 
tactical radio relays, and radio astronomy. In designating this band 
for transfer to non-Federal Government use, NTIA noted that high 
powered Federal Aviation Administration (FAA) and Department of Defense 
(DoD) radars would continue to operate in the lower adjacent band which 
could affect the performance of non-Federal Government receivers in the 
1390-1395 MHz band. In addition, NTIA stated that radio astronomy 
operations would continue within this band. Footnote US311 to the Table 
of Frequency allocations requires that every practicable effort be made 
to avoid the assignment of frequencies in the band in the geographic 
areas where radio astronomy is conducted. As a condition

[[Page 6175]]

of the reallocation, NTIA states that airborne and satellite downlink 
operations need to be prohibited to avoid interference to radio 
astronomy. NTIA also stated that 17 military radar sites in the band 
will require protection until the year 2009. These protection areas, 
circles with radii of 80 kilometers, are scattered around the 
continental United States and Alaska, and range from sparsely populated 
desert areas to major metropolitan areas such as the Washington, D.C.-
Baltimore, MD area. Finally, we note that the 1390-1395 MHz band was 
transferred pursuant to OBRA-93 and is not subject to mandatory 
reimbursement of Federal Government incumbent relocation expenses.
    15. 1427-1429 MHz Band: The 1427-1429 MHz band is allocated to the 
fixed, mobile (except aeronautical mobile), and space operation (Earth-
to-space) services on a co-primary basis throughout the world. Also, in 
some countries this band is used to search for intentional emissions of 
extraterrestrial origin. Domestically, the 1427-1429 MHz band is 
allocated on a co-primary basis to Federal Government fixed and mobile 
(except aeronautical mobile) services and to the Federal and non-
Federal Government space operation service. The 1427-1429 MHz band is 
also allocated on a secondary basis to non-Federal Government fixed and 
mobile services, limited to telemetering and telecommand applications. 
The Federal Government uses this band for military tactical radio relay 
communications and military test range aeronautical telemetry and 
telecommand. NTIA stated that airborne operations or space-to-Earth 
communications should be avoided in this band to protect sensitive 
radio astronomy observations in the adjacent 1400-1427 MHz band. In 
addition, NTIA stated that military airborne operations at 14 sites 
will require protection until the year 2004. These sites, which must be 
protected within circles with radii ranging from 70-160 kilometers, are 
scattered around the continental United States and Alaska, and range 
from sparsely populated desert areas to major metropolitan areas such 
as the Washington, D.C.-Baltimore, MD area. The non-Federal Government 
use of this spectrum is for telemetry. This band was transferred 
pursuant to OBRA-93 and is not subject to mandatory reimbursement of 
Federal Government incumbent relocation expenses.
    16. 1429-1432 MHz Band: In ITU Region 2, the 1429-1432 MHz band is 
allocated to the fixed and mobile services on a co-primary basis. Also, 
in some countries this band is used to search for intentional emissions 
of extraterrestrial origin. Domestically, the 1429-1432 MHz band is 
allocated to the Federal and non-Federal Government land mobile service 
on a primary basis for WMTS use. The 1429-1432 MHz band is allocated to 
the fixed and land mobile services on a secondary basis for non-Federal 
Government use, limited to telemetering and telecommand applications. 
Federal Government uses of this band are identical to those described 
above for the 1427-1429 MHz band. Thus, operations in this band must 
also protect military airborne operations at the same 14 sites as for 
the 1427-1429 MHz band. This band was transferred pursuant to OBRA-93 
and is not subject to mandatory reimbursement of Federal Government 
incumbent relocation expenses.
    17. 1432-1435 MHz Band: In ITU Region 2, the 1432-1435 MHz band is 
allocated to the fixed and mobile services on a co-primary basis. Also, 
in some countries this band is used to search for intentional emissions 
of extraterrestrial origin. Domestically, the 1432-1435 MHz band is 
allocated to the fixed and mobile services on a primary basis for 
Federal Government use. The 1432-1435 MHz band is allocated to the 
fixed and land mobile services on a secondary basis for non-Federal 
Government use, limited to telemetering and telecommand applications. 
This band is also used for the passive search for signals of 
extraterrestrial origin. This band is used by the military for tactical 
radio relay communications, military test range aeronautical telemetry 
and telecommand, and various types of guided weapon systems. NTIA 
stated that military airborne operations and their associated airspace 
will need to be protected at 23 sites indefinitely. These protection 
areas, circles with radii ranging from 3 kilometers to 160 kilometers, 
are scattered around the continental United States and Alaska, and 
range from sparsely populated desert areas to major metropolitan areas 
such as the Washington, D.C.-Baltimore, MD area. This band was 
transferred to non-Federal Government use pursuant to BBA-97, and 
therefore licenses must be assigned in accordance with Section 309(j) 
of the Communications Act. In addition, new licensees must compensate 
Federal Government entities in advance for marginal costs incurred in 
relocating their facilities from the band.

Band Plan

    The band plan options that we proposed in the Notice are summarized 
in Table 1, below.

                                                                         Table 1.--Summary of 1.4 GHz Band Plan Options
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                                                                                                                                                                   1432-1435 MHz assign pursuant
              Band                         1390-1392 MHz                   1392-1395 MHz                   1427-1429 MHz                   1429-1432 MHz           to 309(j) subject to NDAA-99
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Current Allocations.............          Federal Government: RADIOLOCATION Fixed Mobile          Federal Government: SPACE       Federal Government: LAND        Federal Government: FIXED
                                                                                                   OPERATION (uplink) FIXED        MOBILE (WMTS).                  MOBILE.
                                                                                                   MOBILE (except aeronautical
                                                                                                   Mobile).
                                                                                                  non-Federal Gov't: SPACE        non-Federal Gov't: LAND MOBILE  non-Federal Gov't: Fixed
                                                                                                   OPERATION (uplink) Fixed        (WMTS) Fixed (non-med.          (telemetry) Land mobile
                                                                                                   (telemetry) Land mobile         telemetry) Land mobile (non-    (telemetry & telecommand).
                                                                                                   (telemetry & Telecommand).      medical telemetry &
                                                                                                                                   telecommand).

[[Page 6176]]

 
Option 1........................  FIXED & MOBILE (except          FIXED & MOBILE (except          FIXED & MOBILE for PMRS use     Upgrade non-medical telemetry   FIXED & MOBILE for PMRS use
                                   aeronautical mobile) for PMRS   aeronautical mobile) for PMRS   and pair with 1390-1392 MHz     to co-primary status with       and pair with 1392-1395 MHz
                                   use and pair with 1427-1429     use and pair with 1432-1435     (site license).                 WMTS.                           (band manager).
                                   MHz (site license).             MHz (band manager).
Option 2........................  FIXED & MOBILE (except                                          Upgrade telemetry to primary
                                   aeronautical mobile) for                                        status
                                   unpaired operations.
 
Option 3........................  Allocate to FIXED & MOBILE                                      1427-1430 MHz: Shift WMTS down  Allocate 1430-1432 MHz to
                                   (except aeronautical mobile)                                    in frequency and upgrade non-   FIXED & MOBILE for PMRS use
                                   for PMRS use and to MSS                                         medical telemetry to primary    and to MSS (feeder downlinks)
                                   (feeder uplinks) on a Co-                                       status so that both medical     on a co-primary basis.
                                   primary basis.                                                  and non-telemetry telemetry
                                                                                                   operates on a co-primary
                                                                                                   basis in this band.
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    18. Upon consideration of the various options and the comments, we 
believe that it is possible to craft a spectrum allocation plan that 
satisfies the needs of each of the user groups interested in the 1.4 
GHz spectrum. While our spectrum plan does not meet the full request of 
any one user, it does provide some spectrum for all parties in a way 
that we believe allows each party to mutually coexist and provide 
services with minimal potential for harmful interference. We also note 
that new licensees in these bands must protect incumbent Federal 
Government licensees as specified above. The allocation plan being 
adopted for the 1.4 GHz spectrum is shown in the table below:

                                           Table 2.--1.4 GHz Band Plan
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          1390-1392 MHz              1392-1395 MHz      1427-1429.5 MHz     1429.5-1432 MHz      1432-1435 MHz
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MOBILE (except aeronautical       MOBILE (except      LAND MOBILE (WMTS)  FIXED & LAND        MOBILE (except
 mobile); Unpaired operations.     aeronautical                            MOBILE              aeronautical
                                   mobile); paired                         (telemetry).        mobile); paired
                                   with 1432-1435                                              with 1392-1395
                                   MHz.                                                        MHz.
FIXED...........................  FIXED.............  Fixed & land                            FIXED.
                                                       mobile (non-
                                                       medical
                                                       telemetry).
NGSO MSS FEEDER UPLINKS                                                   1430-1432 MHz NGSO
 (conditioned on international                                             MSS FEEDER
 allocation).                                                              DOWNLINKS
                                                                           (conditioned on
                                                                           international
                                                                           allocation).
----------------------------------------------------------------------------------------------------------------

    19. As shown in Table 2, we are providing six megahertz of spectrum 
for fixed and mobile (except aeronautical mobile) uses by pairing the 
1392-1395 MHz band with the 1432-1435 MHz band. This spectrum pairing 
was consistent throughout each of our options and was not disputed by 
any party. As noted above, aeronautical mobile use will be prohibited 
in the 1392-1395 MHz band to protect radio astronomy operations in the 
1390-1400 MHz band. Thus, we will also prohibit aeronautical mobile use 
in the paired 1432-1435 MHz band. Further, because the 1432-1435 MHz 
band was transferred to non-Federal Government use pursuant to BBA-97, 
licenses must be assigned in accordance with Section 309(j) of the 
Communications Act. In addition, new licensees must compensate Federal 
Government entities for marginal costs incurred in relocating their 
facilities from the band. While the specific service and licensing 
rules for these bands will be the subject of the companion Service Rule 
NPRM, we observe that this spectrum may be well suited for licensing to 
band managers. Band managers could make spectrum available to PLMRS 
entities that are experiencing congestion in other bands. We are 
limiting this allocation to land mobile use rather than a general 
mobile allocation to protect sensitive adjacent channel operations such 
as radio astronomy.
    20. We are making an additional two megahertz of unpaired spectrum 
available for a flexible fixed, mobile (except aeronautical mobile), 
and MSS (uplink) allocation in the 1390-1392 MHz band. Because airborne 
operations would be incompatible with co-channel satellite uplinks and 
sensitive radio astronomy operations that occur in-band and in the 
adjacent bands, we are prohibiting aeronautical mobile use.
    21. This allocation makes a total of eight megahertz of spectrum 
potentially available to the mobile (except

[[Page 6177]]

aeronautical mobile) service. Although this is less than the ten 
megahertz LMCC sought in its petition for rule making and its comments, 
we believe that this provides sufficient spectrum to relieve much of 
the crowding in existing land mobile bands. Further, by making some 
unpaired spectrum available, we hope to encourage innovative 
technologies, such as time division duplex (TDD), to locate in this 
band. Also, this unpaired spectrum is well suited to services that 
traditionally operate one-way communications services, such as paging 
and telemetry systems.
    22. The flexible allocation in the 1390-1392 MHz band also allows 
this spectrum to be used for satellite feeder uplinks by Little LEOs. 
This allocation is consistent with the views expressed by (CORF) 
proposing to limit uplink transmissions to spectrum below 1392 MHz. 
However, the allocation will be contingent on completion of ongoing 
studies and an international allocation for such feeder links through 
the international process. To codify this allocation, we will add a new 
footnote, US368, to the Table of Frequency Allocations in Section 2.106 
of the Commission's rules.
    23. An issue of concern from the land mobile industry has been the 
ability of satellite systems to successfully share spectrum with land 
mobile stations. Because spectrum in the 1390-1392 MHz band would be 
used for feeder uplinks, we believe that such sharing can be 
accomplished while still minimizing the potential for harmful 
interference between satellite earth stations and land mobile stations. 
As pointed out by the Joint Satellite Commenters, licensees using this 
band for feeder uplinks only need a few earth stations that can be 
located in areas where land mobile use is least likely to occur. Thus, 
through geographic separation, land mobile and satellite earth stations 
will be able to co-exist in this band. Satellite and land mobile 
licensees will have to coordinate their operations to ensure sufficient 
separation distance and/or shielding between stations.
    24. In the remaining five megahertz (1427-1432 MHz), we are 
allocating the 1427-1429 MHz band to the land mobile service on primary 
basis and maintaining the current land mobile primary allocation in the 
1429-1432 MHz band. Under this allocation, the 1427-1429.5 MHz segment 
will be limited to WMTS and the 1429.5-1432 MHz segment will be limited 
to telemetry. In addition, the 1429.5-1432 MHz segment is being 
allocated for fixed service on a co-primary basis also limited to 
telemetry operations. Further, we are conditionally permitting Little 
LEO feeder downlinks to share the 1430-1432 MHz band with telemetry on 
a co-primary basis. This allocation decision shifts WMTS down in 
frequency from its current allocation at 1429-1432 MHz and elevates 
telemetry operations to primary status in the 1429.5-1432 MHz segment. 
Non-medical telemetry will continue to operate with secondary status in 
the 1427-1429.5 MHz segment. Finally, we are removing the space 
operation (Earth-to-space) allocation from the 1427-1429 MHz band, as 
that allocation is incompatible with the allocation decisions we have 
made in the R&O. WMTS will continue to be licensed by rule in the 
modified allocation. Under this licensing scheme, WMTS licensees share 
spectrum with each other and applications are not mutually exclusive. 
Thus assignments are not subject to competitive bidding pursuant to 
Section 309(j) of the Communications Act.
    25. Our allocation of the 1430-1432 MHz segment for Little LEO 
feeder downlinks, similar to the allocation for uplinks in the 1390-
1392 MHz band, is contingent on completion of ongoing studies and 
adoption of an international allocation for this spectrum. All sharing 
studies must be completed and show that satellite downlink sharing is 
feasible with operations in the 1400-1427 MHz band before such an 
international allocation is adopted and our domestic allocation is 
finalized. We note that the sharing studies currently underway 
contemplate a satellite allocation in the 1429-1432 MHz band, but we 
have limited this allocation to the 1430-1432 MHz band which will 
provide an additional megahertz of guard band between the downlinks and 
the Earth Exploration Satellite Service (EESS) and Radio Astronomy 
Service (RAS). Once such an allocation is finalized, Little LEO 
operators may seek adoption of service rules, and issuance of necessary 
authorizations under Part 25 of our rules for feeder links subject to 
coordination with telemetry operations in the same spectrum.
    26. We do not believe that the addition of Little LEO feeder 
downlinks in this band will preclude the use of the band by telemetry 
systems due to the low PFD levels of the satellite signals relative to 
the power levels of telemetry systems. We are confident that such 
limits will not preclude satellite earth stations in this band. 
However, these earth stations may have to locate in rural areas and use 
large, high gain antennas to ensure reception of the satellite signals. 
Because we anticipate that telemetry operations will be concentrated 
largely in urban areas, sharing can be readily accomplished.
    27. Our decision to shift the WMTS allocation down to 1427-1429.5 
MHz is consistent with the position of AHA. AHA indicates that at 1427-
1429.5 MHz, WMTS would be adjacent to radio astronomy instead of 
potentially high powered land mobile operators and thus would not 
require a guard band making spectrum use more efficient. AHA also 
requests that adjacent band telemetry services operating in 1429.5-1432 
MHz be limited to fixed utility telemetry operations in order to 
minimize the impact on WMTS operations. We note that there are 
currently telemetry operations that are not fixed or limited to utility 
telemetry, which would have to be relocated to implement AHA's request. 
We did not seek comment on relocating incumbents in this band and such 
action would need to be addressed in the companion service rule 
proceeding. We do, however, note that medical telemetry system 
operators can also use the 608-614 MHz and 1395-1400 MHz bands to 
obtain additional capacity for their systems.
    28. We are deferring consideration of the proposed AHA/Itron band 
swap. AHA and Itron's proposal contemplated carving out 7 geographic 
areas in the Medical Telemetry band for utility telemetry and then 
compensating Medical telemetry with corresponding spectrum in the 
telemetry band to our companion service rule proceeding. These 7 sites 
represent areas where Itron has built out existing facilities under the 
current secondary telemetry allocation. We believe that spectrum 
allocations in general should be kept as flexible as possible and that 
issues such as eligibility or unique requirements/restrictions should 
be addressed in service rules.
    29. In making these allocation decisions in the 1.4 GHz spectrum, 
we deny the Petitions for Reconsideration filed by Little LEO entities 
in ET Docket No. 99-255. However, we note that substantively, this 
proceeding is providing a substantial portion of what the petitioners 
have indicated they needed to operate. The Petitions asked that we 
allocate the 1429-1432 MHz band for Little LEO feeder links and 
eliminate the WMTS allocation in this band. We believe that there is 
substantial public interest in maintaining an allocation for WMTS and 
are shifting the allocation to 1427-1429.5 MHz. We are elevating 
telemetry to primary in the 1429.5-1432 MHz portion of the band and 
believe that such systems can share this spectrum with Little LEO 
systems. Accordingly, we have provided a mechanism by

[[Page 6178]]

which Little LEOs can obtain an allocation in the 1430-1432 MHz band. 
While the Petitions for Reconsideration seeking an exclusive allocation 
of three megahertz of spectrum at 1427-1432 MHz for Little LEOs are 
denied, we are providing 2 MHz of spectrum in the requested frequency 
range for Little LEOs conditioned on adoption of an international 
allocation for this spectrum.
    30. We believe that the allocation plan for use of the 1.4 GHz 
spectrum provides a reasonable compromise solution that will best 
accommodate the needs of all parties interested in this band. Through 
careful planning and coordination, these parties will be able to share 
spectrum and satisfy their communications needs, while maximizing the 
efficient use of scare spectrum resources.

1670-1675 MHz Band

    31. In the NPRM, we proposed to allocate the 1670-1675 MHz band to 
the fixed and mobile (except aeronautical mobile) services and to adopt 
rules that would make the band usable for a number of potential 
services. We specifically noted that five megahertz of unpaired 
spectrum could be useful for service providers interested in deploying 
TDD equipment.
    32. We believe that a number of technologies, are well suited to 
this band. Therefore, in keeping with our policy of providing 
flexibility where possible and appropriate so that potential licensees 
can determine and offer the services that are valued most highly, we 
are adopting our proposal to provide a flexible allocation in this band 
for fixed and mobile (except aeronautical mobile) services. 
Aeronautical mobile use will be prohibited in order that operations in 
the 1670-1675 MHz band protect the sensitive radio astronomy receivers 
in the lower adjacent band. Further, the GOES receive earth stations 
located at Wallop's Island, Fairbanks and Greenbelt will have co-
primary status with non-Federal Government operations in the band. In 
the NPRM, we asked for comment regarding appropriate technical rules 
for this band, especially as it relates to power limits and out-of-band 
emissions necessary to protect radio astronomy operations in the lower 
adjacent band. Specific service and licensing rules will be discussed 
in the companion Service Rule NPRM.
    33. To protect the Federal Government earth stations located at 
Wallops Island and Fairbanks that will be co-primary in the band, we 
will require that licensees planning to operate within 100 kilometers 
(62.1 miles) of the earth stations at these facilities coordinate such 
use with the affected earth station prior to construction. This 
requirement will be added to footnote US362. In addition, we will 
require licensees planning to operate in the vicinity of the earth 
station located at Greenbelt to coordinate such use prior to 
construction. This requirement is consistent with the First Spectrum 
Reallocation Report in which NTIA recommended that, in the absence of 
coordination guidelines for METSATs, coordination of all ground 
stations is necessary. Because the Greenbelt facility is used as a 
back-up for Wallops Island it operates only during tests (about once 
per month) and in any instance where Wallops Island goes out of 
service. Due to this sporadic use, different coordination procedures 
may be needed for this site than for the other two sites. Therefore, we 
are not adopting specific coordination requirements for the Greenbelt 
facility.
    34. We are mindful of the need to protect radio astronomy and 
radiosonde operations in the 1660-1670 MHz band. We note, however, that 
because radio astronomy receivers are much more sensitive than those of 
radiosondes, any protection schemes designed for radio astronomy 
receivers should also protect radiosondes. Typically, to accomplish 
such protection, the Commission has set out-of-band emission limits to 
restrict the amount of power present in a frequency band due to a 
transmitter in an adjacent band. We believe that such a requirement is 
necessary here. However, we are not adopting specific limits in the 
Report and Order. Instead, issues of maximum power levels and emission 
masks will be explored in the companion Service Rules Notice. In its 
comments, ArrayComm states that power spectral flux density limits 
(PSFD) should be established as coordination criteria for locating 
stations in the 1670-1675 MHz band near radio astronomy sites. We 
decline to adopt PSFD limits. We generally have not adopted such limits 
in the past and believe that they could artificially restrict 
commercial operations in the band. However, we will encourage future 
licensees in this band to coordinate mutually agreeable limits with 
radio astronomers. Finally, we note that the provisions of footnote 
US74 of the Table of Frequency Allocations will apply to this band. 
This footnote specifies that radio astronomy operations will be 
protected from extraband radiation only to the extent that such 
radiation exceeds the limits for a station operating in compliance with 
all applicable Commission rules.

2385-2390 MHz Band

    35. In ITU Region 2, the 2385-2390 MHz band is allocated to the 
fixed, mobile, and radiolocation services on a primary basis and to the 
amateur service on a secondary basis. Domestically, the band is 
allocated to the mobile service on a primary basis for Federal and non-
Federal Government use, limited to aeronautical telemetry and 
associated telecommand operations for flight testing of aircraft and 
missiles. All other mobile telemetering uses are secondary to these 
uses. Currently, DoD, the National Aeronautics and Space Administration 
(NASA), DOE, and the commercial aviation industry use the entire 2360-
2390 MHz band to support aeronautical flight test operations. These 
operations will continue in the 2360-2385 MHz band. In addition, the 
2385-2390 MHz band is allocated to the radiolocation service on a 
primary basis and to the fixed service on a secondary basis for Federal 
Government use.
    36. The 2385-2390 band will become available for exclusive non-
Federal Government use in January 2005. However, NTIA stated that to 
minimize the operational impact to flight test programs that are 
ongoing or planned to begin in the near future, Federal Government 
operations at seventeen sites will continue on a protected basis until 
2007. These protection areas, circles with radii ranging from 100 
kilometers to 160 kilometers, are scattered around the continental 
United States, Hawaii, and Puerto Rico, and range from sparsely 
populated desert areas to major metropolitan areas such as Seattle, 
Washington and St. Louis, Missouri. In addition, the National Astronomy 
and Ionosphere Center operates a 1-megawatt planetary research radar at 
Arecibo, Puerto Rico with a 20 megahertz bandwidth, centered at 2380 
MHz. As indicated in the Second Spectrum Reallocation Report, airborne 
and space-to-Earth transmissions will be prohibited in Puerto Rico to 
protect this facility. Finally, we note that this band was transferred 
to non-Federal Government use pursuant to BBA-97, and therefore 
licenses will be assigned in accordance with Section 309(j) of the 
Communications Act. New licensees must compensate Federal Government 
entities in advance for marginal costs incurred in relocating their 
facilities from the band. In a recent Report to Congress, NTIA 
estimated the reimbursement costs for this band as $124-$219 million 
dollars with the majority of these costs going towards

[[Page 6179]]

retuning existing equipment to a band of replacement spectrum.
    37. In the NPRM, we proposed to allocate the 2385-2390 MHz band to 
the fixed and mobile services on a co-primary basis and to allow 
flexible use. In addition, we asked for comment on whether we should 
allocate this band more narrowly. We received few comments regarding 
our proposals for this band. MicroTrax states that although the 2385-
2390 MHz band presents characteristics that allow the band to be a good 
technical fit for its proposed PLMS, other aspects of the band make it 
less desirable than the 1670-1675 MHz band. Primarily, Microtrax argues 
that the requirement to reimburse Federal Government users of this 
spectrum for relocation costs, are unknown and may be prohibitively 
expensive as to prevent Microtrax from offering a low-cost consumer 
service. We believe other entities, such as those interested in the 
1670-1675 MHz band, could also make use of the 2385-2390 MHz band. 
Under the provisions of the Communications Act, the Commission must 
reallocate and assign this spectrum for competitive bidding. If NTIA 
determines that it is in the public interest to retain this spectrum 
for Federal Government use, it may substitute this spectrum for other 
spectrum under its authorizing statute.
    38. In addition to our proposal to allocate this band for fixed and 
mobile services, we sought comment on NTIA's determination that 
receiver and transmitter standards are needed for users of this band in 
order to reduce the potential for mutual interference with airborne 
systems that will continue to operate in the adjacent 2360-2385 MHz 
band. No comments were received regarding this issue. Thus, consistent 
with rules for most radio services regulated by the Commission, we will 
not adopt receiver standards for this band. However, in order to 
attract and retain customers, we believe that equipment manufacturers 
have sufficient incentive to design robust equipment capable of 
operating in this band absent specific Commission rules to that effect. 
We also asked for comment on whether sites in addition to the seventeen 
sites identified by NTIA for protection until 2007 are currently being 
used. The Aerospace and Flight Test Radio Coordinating Council (AFTRCC) 
requests that ten additional sites beyond those identified by NTIA 
receive protection until 2007. They state that this would minimize the 
impact of reallocation on current and planned flight test operations 
while they prepare to operate in reduced spectrum.
    39. Inasmuch as there was no opposition to our proposal to provide 
a flexible allocation in this band to the fixed and mobile services, we 
are adopting this proposal for the 2385-2390 MHz band. As stated in the 
NPRM, we would like to minimize the impact on aeronautical telemetry 
operators from transitioning out of this band. We, therefore, will 
protect nine of the additional ten sites requested by AFTRCC, but will 
not extend this protection to the Fairfield County, Connecticut site. 
In this regard, we are concerned that protecting the Fairfield County 
site would delay deployment of service to the New York City 
metropolitan area for at least two years. Because this area is such a 
large population center, it is important that a licensee have access to 
this market as soon as possible. We believe that these actions strike a 
balance between the needs of the aeronautical telemetry community and 
those of new licensees in the 2385-2390 MHz band. Accordingly, we are 
modifying proposed footnote USzzz (codified herein as footnote US363) 
in the Table of Frequency Allocations to include protection for the 
requested nine sites.

Effect of Reallocated Spectrum on Native Americans

    40. In the NPRM, we sought comment from Indian Tribal Governments 
regarding the effect our proposals for the 27 MHz being addressed in 
this proceeding might have on Native American Tribes. Last year, the 
Commission adopted a Tribal Government Policy Statement, 65 FR 41668, 
July 6, 2000 which stated that the Commission is committed to working 
with Native American tribes to ensure adequate access to communications 
services, and consulting with Tribal Governments prior to implementing 
any regulatory action or policy that would significantly affect tribal 
Governments, their land, and resources. We did not receive any comments 
from Tribal Governments or other parties on this issue. However, we 
will encourage future licensees, when deploying systems in spectrum 
reallocated in the Report and Order, to work with Tribal Governments to 
serve the communications needs of Tribal communities.

Protection of Federal Government Services

    41. Federal Government operations will continue on a protected 
basis in several of the reallocated frequency bands, either 
indefinitely or for a period of time beyond the date of spectrum 
transfer from Federal to non-Federal Government use. In the NPRM, we 
stated that within the established protection zones, non-Federal 
Government stations would need to be coordinated with NTIA. This 
mandatory coordination will be accomplished by the Commission after an 
application is submitted by a licensee through the Frequency Assignment 
Subcommittee (FAS) of the Interdepartment Radio Advisory Committee 
(IRAC). We proposed a procedure whereby licensees proposing to 
construct a facility within a protected zone, would submit an 
application through the Universal Licensing System which contains the 
technical information for the site. This information would then be 
forwarded to the FAS. Licensees would be prohibited from constructing 
the facility until receiving a response from the Commission that the 
coordination with NTIA was successful. We sought comment on this 
proposal and asked for suggestions on alternative procedures that might 
be less cumbersome. The only comment received on this issue was from 
The National Academy of Sciences, which suggests coordination 
procedures for the GOES earth stations that will continue to operate 
with co-primary status in the 1670-1675 MHz band. We are adopting rules 
to implement this suggestion. For all other frequency bands, we adopt 
the procedures as proposed. Under these procedures, Commission 
licensees may construct facilities under the terms of their license and 
in accordance with the relevant service rules so long as the facility 
is not within one of the protected zones as defined by NTIA, unless the 
facility has been coordinated with NTIA. This does not exempt licensees 
from any other required filings or coordination requirements, such as 
those that may be required under the National Environmental Policy Act 
of 1969 or for international coordination.
    42. By the decisions in the R&O, we reallocate twenty-seven 
megahertz of spectrum from Federal to non-Federal Government use. These 
actions fulfil our obligations to implement various provisions of OBRA-
93 and BBA-97 and they also continue implementation of the 1999 
Spectrum Policy Statement. We believe that through these actions, 
manufacturers, service providers and consumers will reap the benefits 
of new technologies and services.

Final Regulatory Flexibility Analysis

    43. As required by the Regulatory Flexibility Act (RFA) \1\ an 
Initial

[[Page 6180]]

Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice 
of Proposed Rule Making (NPRM).\2\ The Commission sought written public 
comments on the proposals in the Notice, including comment on the IRFA. 
This present Final Regulatory Flexibility Analysis (FRFA) conforms to 
the RFA.\3\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603, The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
    \2\ See Reallocation of the 216-220 MHz, 1390-1395 MHz, 1427-
1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 
MHz Government Transfer Bands, ET Docket No. 00-221, 15 FCC Rcd 
22,657, 22,697 (2000), 66 FR 7443, January 23, 2001.
    \3\ See 5 U.S.C. 604.
---------------------------------------------------------------------------

Need for, and Objectives of, the Report and Order.

    44. This Report and Order (R&O) allocates 27 megahertz of spectrum 
from the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 
1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz bands for non-
Government use, thereby effectuating the transfer of this spectrum from 
the Federal Government, pursuant to the provisions of the Omnibus 
Budget Reconciliation Act of 1993 (OBRA-93) and the Balanced Budget Act 
of 1997 (BBA-97). The bands 1390-1395 MHz, 1427-1429 MHz, and 2385-2390 
MHz are being allocated for exclusive non-Federal Government use, while 
the bands 216-220 MHz, 1432-1435 MHz, and 1670-1675 MHz, are being 
allocated for mixed use. Mixed use is a type of shared use whereby 
Federal Government use is limited by geographic area, by time, or by 
other means so as to guarantee that the potential use to be made by 
Federal Government stations is substantially less than the potential 
use to be made by non-Federal Government stations. All primary 
Government allocations are being deleted from the transfer bands except 
in the mixed-use bands, where a limited number of stations will be 
grandfathered indefinitely. Federal agencies will not add new primary 
stations in any of the transfer bands. In the bands 1432-1435 MHz and 
2385-2390 MHz, non-grandfathered Federal Government stations will 
retain their primary status until relocated in accordance with the 
Strom Thurmond National Defense Authorization Act of Fiscal Year 1999 
(NDAA-99).
    45. These seven bands have a variety of continuing Government 
protection requirements and incumbent Government and non-Government 
uses. Despite these constraints and the relatively narrow bandwidth 
contained in each of the bands, we believe that the R&O will foster a 
variety of potential applications in both new and existing services. 
The transfer of these bands to non-Government use should enable the 
development of new technologies and services, provide additional 
spectrum relief for congested private land mobile frequencies, and 
fulfill our obligations as mandated by Congress to assign this spectrum 
for non-Government use.

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

    46. There were no comments received in response to the IRFA.

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

    47. 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.\4\ The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \5\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\6\ 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).\7\1\ A small organization is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' \8\ Nationwide, as of 
1992, there were approximately 275,801 small organizations.\9\ ``Small 
governmental jurisdiction'' \10\ generally means ``governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than 50,000.'' \11\ As of 
1992, there were approximately 85,006 governmental entities in the 
United States.\12\ This number includes 38,978 counties, cities, and 
towns; of these, 37,566, or 96%, have populations of fewer than 
50,000.\13\ 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 (96%) are small 
entities.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 603(b)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \7\ Small Business Act, 15 U.S.C. 632 (1996).
    \8\ 5 U.S.C. 601(4).
    \9\ 1992 Economic Census, U.S. Bureau of the Census, Table 6 
(special tabulation of data under contract to Office of Advocacy of 
the U.S. Small Business Administration).
    \10\ 47 CFR 1.1162.
    \11\ 5 U.S.C. 601(5).
    \12\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census 
of Governments.''
    \13\ Id.
---------------------------------------------------------------------------

    48. Licenses in some of the spectrum being allocated in the R&O 
will be assigned by auction, and licenses in some of the spectrum may 
be assigned by auction. The Commission has not yet determined how many 
licenses will be awarded, nor will it know how many licensees will be 
small businesses, until auctions are planned and held. We therefore 
assume that, for purposes of our evaluations and conclusions in the 
FRFA, all of the prospective licensees in the bands addressed in the 
NPRM are small entities, as that term is defined by the SBA.
    49. Incumbent services in the 216-220 MHz band, which the R&O 
allocates on a primary basis to the Fixed and Mobile Services, include 
the Automated Maritime Telecommunications Service (AMTS), telemetry 
users and Low Power Radio Service (LPRS) users. The Commission has 
defined small businesses in the AMTS as those businesses which, 
together with their affiliates and controlling interests, have not more 
than fifteen million dollars ($15 million) in the preceding three 
years.\14\ There are only three AMTS licensees, none of whom are small 
businesses. However, potential licensees in AMTS include all public 
coast stations, which fall within the Small Business Administration 
classification as Radiotelephone Service Providers, Standard Industrial 
Classification Code 33422.\15\ The small business size standard for 
this category is an entity that employs no more than 1500 persons.\16\ 
According to the 1992 Census of Transportation, Communications, and 
Utilities, there are a total of 1178 radiotelephone service

[[Page 6181]]

providers, of whom only 12 had more than 1000 employees. Therefore, we 
estimate that at least 1166 small entities may be affected by these 
rules.
---------------------------------------------------------------------------

    \14\ Letter from Aida Alvarez, Administrator, Small Business 
Administration to Thomas J. Sugrue, Chief, Wireless 
Telecommunications Bureau, Federal Communications Commission (June 
4, 1999).
    \15\ See 13 CFR 121.201, North American Industrial 
Classification System (NAICS) Code 33422.
    \16\ See Amendment of the Commission's Rules Concerning Maritime 
Communications, PR Docket No. 92-257, Third Report and Order and 
Memorandum Opinion and Order, 13 FCC Rcd 19853 (1998).
---------------------------------------------------------------------------

    50. Users of telemetry are generally large corporate entities, such 
as utility companies, and it is unlikely that any of the users would be 
small businesses. LPRS permits licensees to use the 216-217 MHz segment 
for auditory assistance, medical devices, and law enforcement tracking 
devices. Users are likely to be theaters, auditoriums, churches, 
schools, banks, hospitals, and medical care facilities. The primary 
manufacturer of auditory assistance estimates that it has sold 25,000 
pieces of auditory assistance equipment. Many if not most LPRS 
licensees are likely to be small businesses or individuals. However, 
because the LPRS is licensed by rule, with no requirement for 
individual license applications or documents, the Commission is unable 
to estimate how many small businesses make use of LPRS equipment.
    51. The incumbent service in the 1427-1429 MHz band is telemetry. 
The incumbent services in the 1429-1432 MHz band include general 
telemetry and medical telemetry. The Commission has issued only a small 
number of licenses in these bands. The primary user of this band is 
Itron, Inc., which with an investment of $100 million in equipment 
development, is not likely to be a small business. Other licensees 
include utility companies, such as Pueblo Service Company of Colorado 
and E Prime, Inc., and large manufacturers such as Deere and Company, 
Caterpillar, and General Dynamics. None of these licensees are likely 
to be small businesses. One licensee, Zytex, a manufacturer of high-
speed telemetry systems may be a small business. Users of medical 
telemetry are hospitals and medical care facilities, some of which are 
likely to be small businesses.
    52. The Commission has not developed a definition of small entities 
specifically applicable to Radio Frequency Equipment Manufacturers (RF 
Manufacturers). Therefore, the applicable definition of small entity is 
the definition under the SBA rules applicable to manufacturers of 
``Radio and Television Broadcasting and Communications Equipment.'' 
According to the SBA's regulation, an RF manufacturer must have 750 or 
fewer employees in order to qualify as a small business.\17\ Census 
Bureau data indicates that there are 858 companies in the United States 
that manufacture radio and television broadcasting and communications 
equipment, and that 778 of these firms have fewer than 750 employees 
and would be classified as small entities.\18\ We believe that many of 
the companies that manufacture RF equipment may qualify as small 
entities.
---------------------------------------------------------------------------

    \17\ See 13 CFR 121.201, North American Industrial 
Classification System (NAICS) Code 33422.
    \18\ See U.S. Department of Commerce, 1992 Census of 
Transportation, Communications and Utilities (issued May 1995), 
NAICS Code 33422.
---------------------------------------------------------------------------

    53. According to the SBA's regulations, nursing homes and hospitals 
must have annual gross receipts of $5 million or less in order to 
qualify as a small business concern. There are approximately 11,471 
nursing care firms in the nation, of which 7,953 have annual gross 
receipts of $5 million or less.\19\ There are approximately 3,856 
hospital firms in the nation, of which 294 have gross receipts of $5 
million or less. Thus, the approximate number of small confined setting 
entities to which the Commission's new rules will apply is 8,247.
---------------------------------------------------------------------------

    \19\ See Small Business Administration Tabulation File, SBA Size 
Standards Table 2C, January 23, 1996, SBA, Standard Industrial Code 
(SIC) categories 8050 (Nursing and Personal Care Facilities) and 
8060 (Hospitals). (SBA Tabulation File).
---------------------------------------------------------------------------

Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    54. Entities interested in acquiring spectrum in the bands where 
license assignment will be made through an auction will need to submit 
a high bid and then submit a license application for the spectrum of 
interest. In other bands, entities will be required only to submit 
license applications to obtain the use of spectrum. Additionally, 
licensees will be required to file applications for license renewals 
and make certain other filings as required by the Communications Act.

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

    55. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its 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. As in all of the bands where incumbent licensees exist, we 
have inquired whether we should elevate the status of the services in 
which the incumbents are licensed to primary. 5 U.S.C. 603.
    56. Although the scope of this R&O is spectrum allocation, and not 
license assignment and compliance requirements, several steps have been 
taken to minimize any possible significant economic impact on small 
entities. For example, the allocation decision not to auction the 216-
217 MHz band and also to elevate LPRS to primary status in that band 
will protect the investment made by small entities in LPRS devices. 
Similarly, the decision to relocate the Wireless Medical Telemetry 
Service (WMTS) to the 1427-1429.5 MHz band from the 1429-1432 MHz band 
will allow licensees to more efficiently use the spectrum because the 
spectrum sharing environment will be more favorable at the lower end of 
the band. Because, the original allocation decision for WMTS was only 
made recently, devices are not yet on the market. Thus, there is no 
economic impact on licensees to retune equipment. Likewise, the impact 
on manufacturers will be minimal.

Report to Small Business Administration

    57. The Commission will send a copy of this Report and Order, 
including a copy of the FRFA to the Chief Counsel for Advocacy of the 
Small Business Administration.

Report to Congress

    58. The Commission will send a copy of this Final Regulatory 
Flexibility Analysis, along with the Report and Order, in a report to 
Congress pursuant to the Congressional Review Act, 5 U.S.C. 
801(a)(1)(A).

Ordering Clauses

    59. Authority for issuance of this Report and Order and Memorandum 
Opinion and Order is contained in Sections 4(i), 257, 303(b), 303(f), 
303(g), 303(r), and 309(j) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 257, 303(b), 303(f), 303(g), 303(r), and 
309(j).
    60. Parts 1, 2, 90, and 95 of the Commission's Rules Are amended, 
effective April 12, 2002.
    61. The proceeding in WT Docket No. 97-153 Is terminated.
    62. The Petitions for Reconsideration filed in ET Docket No. 99-255 
Are denied.
    63. The Commission's Consumer Information Bureau, Reference 
Information Center, Shall send a copy of this Report and Order and

[[Page 6182]]

Memorandum Opinion and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Radio.

47 CFR Part 2

    Communications equipment, Radio.

47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 95

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 90 and 95 as 
follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


    2. Section 1.924 is amended by adding paragraph (g) to read as 
follows:


Sec. 1.924  Quiet zones.

* * * * *
    (g) GOES. The requirements of this paragraph (g) are intended to 
minimize harmful interference to Geostationary Operational 
Environmental Satellite (GOES) earth stations receiving in the band 
1670-1675 MHz, which are located at Wallops Island, Virginia and 
Fairbanks, Alaska and Greenbelt Maryland.
    (1) Applicants and licensees planning to construct and operate a 
new or modified station within the area bounded by a circle with a 
radius of 100 kilometers (62.1 miles) that is centered on 37 deg.56' 
47" N, 75 deg.27' 37" W (Wallops Island) or 64 deg.58' 36" N, 
147 deg.31' 03" W (Fairbanks) must notify the National Oceanic and 
Atmospheric Administration (NOAA) of the proposed operation. For this 
purpose, NOAA maintains the GOES coordination web page at http://www.osd.noaa.gov/radio/frequency.htm, which provides the technical 
parameters of the earth stations and the point-of-contact for the 
notification. The notification shall include the following information: 
requested frequency, geographical coordinates of the antenna location, 
antenna height above mean sea level, antenna directivity, emission 
type, equivalent isotropically radiated power, antenna make and model, 
and transmitter make and model.
    (2) When an application for authority to operate a station is filed 
with the FCC, the notification required in paragraph (g)(1) of this 
section should be sent at the same time. The application must state the 
date that notification in accordance with paragraph (g)(1) of this 
section was made. After receipt of such an application, the FCC will 
allow a period of 20 days for comments or objections in response to the 
notification.
    (3) If an objection is received during the 20-day period from NOAA, 
the FCC will, after consideration of the record, take whatever action 
is deemed appropriate.

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

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

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

    4. Section 2.106 is amended as follows:
    a. Revise pages 23, 31, 41, 42, 43, 47, 50, and 51.
    b. Revise footnotes US210, US229, US276, US311, US350, and US352; 
remove footnotes US274 and US317; and add footnotes US361, US362, 
US363, and US368.
    c. Add footnotes NG173 and NG174.
    d. Revise footnotes G2, G27, G30, G114, and G120.
    The additions and revisions read as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *
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* * * * *

United States (US) Footnotes

* * * * *
    US210 In the sub-band 40.66-40.7 MHz and 216-220 MHz, 
frequencies may be authorized to Government and non-Government 
stations on a secondary basis for the tracking of, and telemetering 
of scientific data from, ocean buoys and wildlife. Operation in 
these bands is subject to the technical standards specified in: (a) 
Section 8.2.42 of the NTIA Manual for Government use, or (b) 47 CFR 
90.248 for non-Government use. After January 1, 2002, no new 
assignments shall be authorized in the band 216-217 MHz.
* * * * *
    US229 In the band 216-220 MHz, the fixed, aeronautical mobile, 
land mobile, and radiolocation services are allocated on a secondary 
basis for Government operations. The use of the fixed, aeronautical 
mobile, and land mobile services shall be limited to telemetering 
and associated telecommand operations. After January 1, 2002, no new 
assignments shall be authorized in the band 216-217 MHz. Further, 
Government and non-Government assignments in the sub-band 216.88-
217.08 MHz shall protect the Navy's SPASUR system, which operates on 
a primary basis at the following sites:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Transmit frequency of 216.98 MHz                                        Receive frequencies of 216.965-216.995 MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Protection                                                              Protection
            Location                 North latitude/west longitude      radius            Location           North latitude/west longitude      radius
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lake Kickapoo, TX...............  33 deg. 32'/098 deg. 45'               250 km   San Diego, CA..........  32 deg. 34'/116 deg. 58'                50 km
Jordan Lake, AL.................  32 deg. 39'/086 deg. 15'               150 km   Elephant Butte, NM.....  33 deg. 26'/106 deg. 59'                50 km
Gila River, AZ..................  33 deg. 06'/112 deg. 01'               150 km   Red River, AR..........  33 deg. 19'/093 deg. 33'                50 km
                                                                                  Silver Lake, MO........  33 deg. 08'/091 deg. 01'                50 km
                                                                                  Hawkinsville, GA.......  32 deg. 17'/083 deg. 32'                50 km
                                                                                  Fort Stewart, GA.......  31 deg. 58'/081 deg. 30'                50 km
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    US276 Except as otherwise provided for in this note, use of the 
bands 2320-2345 MHz and 2360-2385 MHz by the mobile service is 
limited to aeronautical telemetering and associated telecommand 
operations for flight testing of manned or unmanned aircraft, 
missiles or major components thereof. The following four frequencies 
are shared on a co-equal basis by Government and non-Government 
stations for telemetering and associated telecommand operations of 
expendable and reusable launch vehicles whether or not such 
operations involve flight testing: 2332.5 MHz, 2364.5 MHz, 2370.5 
MHz, and 2382.5 MHz. All other mobile telemetering uses shall be 
secondary to the uses listed elsewhere in this note.
* * * * *
    US311 Radio astronomy observations may be made in the band 1350-
1400 MHz on an unprotected basis at the following radio astronomy 
observatories:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Allen Telescope Array, Hat Creek, California......   80 kilometers (50 mile) radius centered on latitude 40 deg.
                                                                   49' W, longitude 121 deg. 28' N
Hat Creek Observatory, Hat Creek, California......   Rectangle between latitudes 40 deg. 00' N and 42 deg. 00' N
                                                      and between longitudes 120 deg. 15' W and 122 deg. 15' W
NASA Facilities, Goldstone, California............   80 kilometers (50 mile) radius centered on latitude 35 deg.
                                                                   18' W, longitude 116 deg. 54' N
National Astronomy and Ionosphere Center, Arecibo,
 Puerto Rico......................................   Rectangle between latitudes 17 deg. 30' N and 19 deg. 00' N
                                                       and between longitudes 65 deg. 10' W and 68 deg. 00' W
National Radio Astronomy Observatory, Socorro, New
 Mexico...........................................   Rectangle between latitudes 32 deg. 30' N and 35 deg. 30' N
                                                      and between longitudes 106 deg. 00' W and 109 deg. 00' W
National Radio Astronomy Observatory, Green Bank,
 West Virginia....................................   Rectangle between latitudes 37 deg. 30' N and 39 deg. 15' N
                                                       and between longitudes 78 deg. 30' W and 80 deg. 30' W
National Radio Astronomy Observatory, Very Long
 Baseline Array Stations..........................           80 kilometers (50 mile) radius centered on:
                                                                        Latitude                      Longitude
                                                                         (North)                         (West)
Brewster, WA......................................                   48 deg. 08'                   119 deg. 41'
Fort Davis, TX....................................                   30 deg. 38'                   103 deg. 57'
Hancock, NH.......................................                   42 deg. 56'                    71 deg. 59'
Kitt Peak, AZ.....................................                   31 deg. 57'                   111 deg. 37'
Los Alamos, NM....................................                   35 deg. 47'                   106 deg. 15'
Mauna Kea, HI.....................................                   19 deg. 48'                   155 deg. 27'
North Liberty, IA.................................                   41 deg. 46'                    91 deg. 34'
Owens Valley, CA..................................                   37 deg. 14'                   118 deg. 17'
Pie Town, NM......................................                   34 deg. 18'                   108 deg. 07'
Saint Croix, VI...................................                   17 deg. 46'                    64 deg. 35'
Owens Valley Radio Observatory, Big Pine,
 California.......................................  Two contiguous rectangles, one between latitudes 36 deg. 00'
                                                      N and 37 deg. 00' N and between longitudes 117 deg. 40' W
                                                     and 118 deg. 30' W and the second between latitudes 37 deg.
                                                     00' N and 38 deg. 00' N and between longitudes 118 deg. 00'
                                                                        W and 118 deg. 50' W
----------------------------------------------------------------------------------------------------------------

Every practicable effort will be made to avoid the assignment of 
frequencies in the band 1350-1400 MHz to stations in the fixed and 
mobile services that could interfere with radio astronomy 
observations within the geographic areas given in the table in this 
note. In addition, every practicable effort will be made to avoid 
assignment of frequencies in these bands to stations in the 
aeronautical mobile service which operate outside of those 
geographic areas, but which may cause harmful interference to the 
listed observatories. Should such assignments result in harmful 
interference to these observatories, the situation will be remedied 
to the extent practicable.
* * * * *
    US350 The use of the bands 608-614 MHz, 1395-1400 MHz, and 1427-
1429.5 MHz by the Government and non-Government land mobile service 
is limited to medical telemetry and medical telecommand operations, 
except that non-Government land mobile use is permitted for non-
medical telemetry and telecommand operations on a

[[Page 6192]]

secondary basis in the band 1427-1429.5 MHz.
* * * * *
    US352 In the band 1427-1432 MHz, Government operations, except 
for medical telemetry and medical telecommand operations, are on a 
non-interference basis to authorized non-Government operations and 
shall not hinder the implementation of any non-Government 
operations. However, Government operations authorized as of March 
22, 1995 at the 14 sites identified in the following table may 
continue on a fully protected basis until January 1, 2004:

----------------------------------------------------------------------------------------------------------------
                                 North latitude/    Operating                       North latitude/    Operating
           Location              west longitude       radius        Location        west longitude      radius
----------------------------------------------------------------------------------------------------------------
Patuxent River, MD...........   38 deg. 17' / 076       70 km   Mountain Home      43 deg. 01' / 115      160 km
                                         deg. 25'                AFB, ID.                   deg. 50'
NAS Oceana, VA...............   36 deg. 49' / 076      100 km   NAS Fallon, NV..   39 deg. 24' / 118      100 km
                                         deg. 02'                                           deg. 43'
MCAS Cherry Point, NC........   34 deg. 54' / 076      100 km   Nellis AFB, NV..   36 deg. 14' / 115      100 km
                                         deg. 52'                                           deg. 02'
Beaufort MCAS, SC............   32 deg. 26' / 080      160 km   NAS Lemore, CA..   36 deg. 18' / 119      120 km
                                         deg. 40'                                           deg. 47'
NAS Cecil Field, FL..........   30 deg. 13' / 081      160 km   Yuma MCAS, AZ...   32 deg. 39' / 114      160 km
                                         deg. 52'                                           deg. 35'
NAS Whidbey IS., WA..........   48 deg. 19' / 122       70 km   China Lake, CA..   35 deg. 29' / 117       80 km
                                         deg. 24'                                           deg. 16'
Yakima Firing Ctr AAF, WA....   46 deg. 40' / 120       70 km   MCAS Twenty Nine   34 deg. 15' / 116       80 km
                                         deg. 15'                Palms, CA.                 deg. 03'
----------------------------------------------------------------------------------------------------------------

* * * * *
    US361 In the band 1432-1435 MHz, Government stations in the 
fixed and mobile services may operate indefinitely on a primary 
basis at the 23 sites listed in the following table. All other 
Government stations in the fixed and mobile services shall operate 
in the band 1432-1435 MHz on a primary basis until re-accommodated 
in accordance with the National Defense Authorization Act of 1999. 
The table follows:

----------------------------------------------------------------------------------------------------------------
                                 North Latitude/    Operating                       North Latitude/    Operating
           Location              West Longitude       Radius        Location        West Longitude      Radius
----------------------------------------------------------------------------------------------------------------
China Lake/Edwards AFB, CA...   35 deg. 29' / 117      100 km   AUTEC...........   24 deg. 30' / 078       80 km
                                         deg. 16'                                           deg. 00'
White Sands Missile Range/      32 deg. 11' / 106      160 km   Beaufort MCAS,     32 deg. 26' / 080      160 km
 Holloman AFB, NM.                       deg. 20'                SC.                        deg. 40'
Utah Test and Training Range/   40 deg. 57' / 113      160 km   MCAS Cherry        34 deg. 54' / 076      100 km
 Dugway Proving Ground, Hill             deg. 05'                Point, NC.                 deg. 53'
 AFB, UT.
Patuxent River, MD...........   38 deg. 17' / 076       70 km   NAS Cecil Field,   30 deg. 13' / 081      160 km
                                         deg. 24'                FL.                        deg. 52'
Nellis AFB, NV...............   37 deg. 29' / 114      130 km   NAS Fallon, NV..   39 deg. 30' / 118      100 km
                                         deg. 14'                                           deg. 46'
Fort Huachuca, AZ............   31 deg. 33' / 110       80 km   NAS Oceana, VA..   36 deg. 49' / 076      100 km
                                         deg. 18'                                           deg. 01'
Eglin AFB/Gulfport ANG Range,   30 deg. 28' / 086      140 km   NAS Whidbey        48 deg. 21' / 122       70 km
 MS/Fort Rucker, AL.                     deg. 31'                Island, WA.                deg. 39'
Yuma Proving Ground, AZ......   32 deg. 29' / 114      160 km   NCTAMS, GUM.....   \1\ 13 deg. 35' /       80 km
                                         deg. 20'                                       144 deg. 51'
Fort Greely, AK..............   63 deg. 47' / 145       80 km   Lemoore, CA.....   36 deg. 20' / 119      120 km
                                         deg. 52'                                           deg. 57'
Redstone Arsenal, AL.........   34 deg. 35' / 086       80 km   Savannah River,    33 deg. 15' / 081        3 km
                                         deg. 35'                SC.                        deg. 39'
Alpene Range, MI.............   44 deg. 23' / 083       80 km   Naval Space        44 deg. 24' / 068       80 km
                                         deg. 20'                Operations                 deg. 01'
                                                                 Center, ME.
Camp Shelby, MS..............   31 deg. 20' / 089       80 km   ................  ..................  ..........
                                         deg. 18'
----------------------------------------------------------------------------------------------------------------
\1\ East.

    US362 The band 1670-1675 MHz is allocated to the meteorological-
satellite service (space-to-Earth) on a primary basis for Government 
use. Earth station use of this allocation is limited to Wallops 
Island, VA (37 deg.56'47" N, 75 deg.27'37" W), Fairbanks, AK 
(64 deg.58'36" N, 147 deg.31'03" W), and Greenbelt, MD 
(39 deg.00'02" N, 76 deg.50'31" W). Applicants for non-Government 
stations within 100 kilometers of the Wallops Island or Fairbanks 
coordinates shall notify NOAA in accordance with the procedures 
specified in 47 C.F.R. Sec. 1.924.
    US363 (a) Until January 1, 2005, the band 2385-2390 MHz is 
allocated to the Government mobile and radiolocation services on a 
primary basis and to the Government fixed service on a secondary 
basis. Use of the mobile service is limited to aeronautical 
telemetry and associated telecommand operations for flight testing 
of manned or unmanned aircraft, missiles or major components 
thereof. Use of the radiolocation service is limited to the military 
services.
    (b) After January 1, 2005, Government stations in the mobile and 
radiolocation services shall continue to operate on a primary basis 
until re-accommodated in accordance with the National Defense 
Authorization Act of 1999, except at the sites identified in the 
following table where Government stations may not be re-accommodated 
until January 1, 2007:

----------------------------------------------------------------------------------------------------------------
                                         North Latitude/West                                    North Latitude/
                Location                      Longitude                  Location               West Longitude
----------------------------------------------------------------------------------------------------------------
Protection Radius for Each of the Following Sites is 160 km:
    Barking Sands, HI..................   22 deg. 07' / 159   Roswell, NM...................   33 deg. 18' / 104
                                                   deg. 40'                                             deg. 32'
    Cape Canaveral, FL.................   28 deg. 33' / 080   Seattle, WA...................   47 deg. 32' / 122
                                                   deg. 34'                                             deg. 18'
    China Lake, CA.....................   35 deg. 40' / 117   St. Louis, MO.................   38 deg. 45' / 090
                                                   deg. 41'                                             deg. 22'
    Eglin AFB, FL......................   30 deg. 30' / 086   Utah Test Range, UT...........   40 deg. 12' / 112
                                                   deg. 30'                                             deg. 54'
    Glasgow, MT........................   48 deg. 25' / 106   White Sands Missile Range, NM.   32 deg. 58' / 106
                                                   deg. 32'                                             deg. 23'
    Nellis AFB, NV.....................   37 deg. 48' / 116   Witchita, KS..................   37 deg. 40' / 097
                                                   deg. 28'                                             deg. 26'
    Palm Beach County, FL..............   26 deg. 54' / 080   Yuma Proving Ground, AZ.......   32 deg. 54' / 114
                                                   deg. 19'                                             deg. 20'
    Roosevelt Roads, PR................   18 deg. 14' / 065   ..............................  ..................
                                                   deg. 38'
Protection Radius for Each of the Following Sites is 100 km:
    Edwards AFB, CA....................   34 deg. 54' / 117   Patuxent River, MD............   38 deg. 17' / 076
                                                   deg. 53'                                             deg. 25'
----------------------------------------------------------------------------------------------------------------


[[Page 6193]]

    (c) In addition, non-Government flight test operations may 
continue at the sites identified in the following table on a primary 
basis until January 1, 2007:

----------------------------------------------------------------------------------------------------------------
                                      North Latitude/West                                North Latitude/West
            Location                       Longitude                 Location                 Longitude
----------------------------------------------------------------------------------------------------------------
Protection Radius for Each of the Following Sites is 160 km:
    Alammosa, CO...............   37 deg. 26' 04" / 105 deg.   Thermal, CA.........   33 deg. 37' 35" / 116 deg.
                                                     52' 03"                                             09' 36"
    Albuquerque, NM............   35 deg. 11' 03" / 106 deg.   Phoenix, AZ.........   33 deg. 18' 28" / 111 deg.
                                                     34' 30"                                             39' 19"
    Amarillo, TX...............   35 deg. 12' 49" / 101 deg.   Marietta, GA........   33 deg. 54' 24" / 084 deg.
                                                     42' 31"                                             31' 09"
    Arlington, TX..............   32 deg. 40' 00" / 097 deg.   Greenville, TX......   33 deg. 04' 01" / 096 deg.
                                                     05' 53"                                             03' 09"
    Leadville, CO..............   39 deg. 13' 13" / 106 deg.
                                                     19' 03"
----------------------------------------------------------------------------------------------------------------

    US368 The band 1390-1392 MHz is also allocated to the fixed-
satellite service (Earth-to-space) on a primary basis and the band 
1430-1432 MHz is also allocated to the fixed-satellite service 
(space-to-Earth) on a primary basis, limited to feeder links for the 
Non-Voice Non-Geostationary Mobile-Satellite Service, and contingent 
on (1) the completion of sharing studies including the measurement 
of emissions from equipment that would be employed in operational 
systems and demonstrations to validate the studies as called for in 
Resolution 127 (WRC-2000), (2) the adoption of worldwide feeder link 
allocations at the 2003 World Radiocommunication Conference (WRC-
03), and (3) compliance with any technical and operational 
requirements that may be imposed at WRC-03 to protect passive 
services in the 1400-1427 MHz band from unwanted emissions 
associated with such allocations. These allocations become effective 
upon adoption of worldwide allocations at WRC-03. If no such 
allocations are adopted by WRC-03, these allocations shall be 
considered null and void, with no grandfathering of rights. 
Individual assignments shall be coordinated with the 
Interdepartmental Radio Advisory Committee's (IRAC) Frequency 
Assignment Subcommittee (FAS) (see, for example, Recommendations 
ITU-R RA.769-1 and ITU R SA.1029-1) to ensure the protection of 
passive services in the 1400-1427 MHz band. Coordination shall not 
be completed until the feeder downlink system is tested and 
certified to be in conformance with the technical and operational 
requirements for the protection of passive services in the 1400-1427 
MHz band. Certification and all supporting documentation shall be 
submitted to the Commission and FAS prior to launch.

Non-Federal Government (NG) Footnotes

* * * * *
    NG173 In the band 216-220 MHz, secondary telemetry operations 
are permitted subject to the requirements of Sec. 90.259 of this 
chapter. After January 1, 2002, no new assignments shall be 
authorized in the band 216-217 MHz.
    NG174 In Puerto Rico, frequencies within the band 2385-2390 MHz 
are not available for assignment to stations in the aeronautical 
mobile service.

Federal Government (G) Footnotes

* * * * *
    G2 In the bands 216-225 MHz, 420-450 MHz (except as provided by 
US217), 890-902 MHz, 928-942 MHz, 1300-1390 MHz, 2310-2385 MHz, 
2417-2450 MHz, 2700-2900 MHz, 5650-5925 MHz, and 9000-9200 MHz, the 
Government radiolocation service is limited to the military 
services.
* * * * *
    G27 In the bands 255-328.6 MHz, 335.4-399.9 MHz, and 1350-1390 
MHz, the fixed and mobile services are limited to the military 
services.
* * * * *
    G30 In the bands 138-144 MHz, 148-149.9 MHz, and 150.05-150.8 
MHz, the fixed and mobile services are limited primarily to 
operations by the military services.
* * * * *
    G114 The band 1369.05-1390 MHz is also allocated to the fixed-
satellite service (space-to-Earth) and to the mobile-satellite 
service (space-to-Earth) on a primary basis for the relay of nuclear 
burst data.
* * * * *
    G120 Development of airborne primary radars in the band 2310-
2385 MHz with peak transmitter power in excess of 250 watts for use 
in the United States is not permitted.

* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    5. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    6. Section 90.259 is revised to read as follows:


Sec. 90.259  Assignment and use of frequencies in the bands 216-220 MHz 
and 1427-1432 MHz.

    (a) 216-220 MHz band. (1) Frequencies in the 216-220 MHz band may 
be assigned to applicants that establish eligibility in the Industrial/
Business Pool.
    (2) All operation is secondary to the fixed and mobile services, 
including the Low Power Radio Service.
    (3) In the 216-217 MHz band, no new assignments will be made after 
January 1, 2002.
    (b) 1427-1432 MHz band. (1) Frequencies in the 1427-1432 MHz band 
may be assigned to applicants that establish eligibility in the Public 
Safety Pool or the Industrial/Business Pool.
    (2) All operations in the 1427-1429.5 MHz band are secondary to the 
Wireless Medical Telemetry Service.
    (3) All operations in the 1429.5-1432 MHz band authorized prior to 
April 12, 2002, are on a secondary basis.
    (c) Authorized uses. (1) Use of these bands is limited to 
telemetering purposes.
    (2) Base stations authorized in these bands shall be used to 
perform telecommand functions with associated mobile telemetering 
stations. Base stations may also command actions by the vehicle itself, 
but will not be authorized solely to perform this function.
    (3) Airborne use is prohibited.

PART 95--PERSONAL RADIO SERVICES

    7. The authority citation for part 95 continues to read:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.

    8. Section 95.630 is revised to read as follows:


Sec. 95.630  WMTS transmitter frequencies.

    WMTS transmitters may operate in the frequency bands specified as 
follows:

608-614 MHz
1395-1400 MHz
1427-1429.5 MHz

    9. Section 95.639(g) is revised to read as follows:


Sec. 95.639  Maximum transmitter power.

* * * * *
    (a) The maximum field strength authorized for WMTS stations in the 
608-614 MHz band is 200 mV/m, measured at 3 meters. For stations in the 
1395-1400 MHz and 1427-1429.5 MHz bands, the maximum field strength is 
740 mV/m, measured at 3 meters.
* * * * *
    10. Section 95.1017 is amended by revising paragraph (a) to read as 
follows:


Sec. 95.1017  Labeling requirements.

    (a) Each LPRS transmitting device shall bear the following 
statement in a

[[Page 6194]]

conspicuous location on the device: ``This device may not interfere 
with TV reception or Federal Government radar.''
* * * * *
    11. Section 95.1101 is revised to read as follows:


Sec. 95.1101  Scope.

    This part sets out the regulations governing the operation of 
Wireless Medical Telemetry Devices in the 608-614 MHz, 1395-1400 MHz 
and 1427-1429.5 MHz frequency bands.
    12. Section 95.1103(c) is revised to read as follows:


Sec. 95.1103  Definitions.

* * * * *
    (c) Wireless medical telemetry. The measurement and recording of 
physiological parameters and other patient-related information via 
radiated bi-or unidirectional electromagnetic signals in the 608-614 
MHz, 1395-1400 MHz, and 1427-1429.5 MHz frequency bands.
    13. Section 95.1115(a)(2) and (d)(1) are revised to read as 
follows:


Sec. 95.1115  General technical requirements.

    (a) * * *
    (2) In the 1395-1400 MHz and 1427-1429.5 MHz bands, the maximum 
allowable field strength is 740 mV/m, as measured at a distance of 3 
meters, using measuring equipment with an averaging detector and a 1 
MHz measurement bandwidth.
* * * * *
    (d) Channel use. (1) In the 1395-1400 MHz and 1427-1429.5 MHz 
bands, no specific channels are specified. Wireless medical telemetry 
devices may operate on any channel within the bands authorized for 
wireless medical telemetry use in this part.
* * * * *
    14. Section 95.1121, is revised to read as follows:


Sec. 95.1121  Specific requirements for wireless medical telemetry 
devices operating in the 1395-1400 MHz and 1427-1429.5 MHz bands.

    Due to the critical nature of communications transmitted under this 
part, the frequency coordinator in consultation with the National 
Telecommunications and Information Administration shall determine 
whether there are any Federal Government systems whose operations could 
affect, or could be affected by, proposed wireless medical telemetry 
operations in the 1395-1400 MHz and 1427-1429.5 MHz bands. The 
locations of government systems in these bands are specified in 
footnotes US351 and US352 of Sec. 2.106 of this chapter.

[FR Doc. 02-2170 Filed 2-8-02; 8:45 am]
BILLING CODE 6712-01-P