[Federal Register Volume 67, Number 32 (Friday, February 15, 2002)]
[Proposed Rules]
[Pages 7113-7121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3799]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 27, 90 and 95

[WT Docket No. 02-08; FCC 02-15]


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

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to establish new 
service rules for licensing a total of 27 megahertz of spectrum 
transferred from Government to non-Government use. The Commission seeks 
comment on the flexibility that should be afforded new or incumbent 
licensees, and the technical and other service rules that should govern 
the range of existing and proposed services. The comments will aid the 
Commission on how best to utilize these bands to provide valuable 
services to the public. Additionally, the Commission seeks comments on 
a petition for rulemaking filed on March 6, 2000, by Data Flow Systems, 
Inc., requesting amendment of the Commission's rules. The Commission 
also seeks comments on a proposal filed by Securicor Wireless Holdings, 
Inc.

DATES: Written comments on the proposed rule are due on or before March 
4, 2002, and reply comments are due on or before March 18, 2002.

ADDRESSES: Parties who choose to file comments by paper must file an 
original and four copies to William F. Caton, Acting Secretary, Office 
of the Secretary, Federal Communications Commission, 445 12th St., SW., 
Room TW-A325, Washington, DC 20554. Comments may also be filed using 
the Commission's Electronic Filing System, which can be accessed via 
the Internet at www.fcc.gov/e-file/ecfs.html.

FOR FURTHER INFORMATION CONTACT: Zenji Nakazawa, Wireless 
Telecommunications Bureau, at (202) 418-0680, via e-mail at 
[email protected], via TTY (202) 418-7233 or Nese Guendelsberger, 
Wireless Telecommunications Bureau, Auctions and Industry Analysis 
Division, at (202) 418-0660.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rule Making, FCC 02-15, 
adopted on January 22, 2002, and released on February 06, 2002. The 
full text of this Notice of Proposed Rule Making is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, Room CY-A257, 445 12th Street, SW., Washington, DC 
20554. The complete text with the summarized band plan chart may be 
purchased from the Commission's copy contractor, Qualex International, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text 
may also be downloaded at: www.fcc.gov. Alternative formats are 
available to persons with disabilities by contacting Brian Millin at 
(202) 418-7426 or TTY (202) 418-7365.
    1. In this Notice of Proposed Rulemaking (NPRM), we propose new 
service rules for licensing 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. This spectrum was 
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).
    2. The service rules proposed in the NPRM include provisions for 
licensing, technical (and operating) rules, competitive bidding, and 
interference standards. We note that portions of this spectrum are 
currently available and utilized by existing non-Government licensees. 
We solicit public comment on the flexibility that should be afforded 
new or incumbent licensees, and the technical and other service rules 
that should govern the range of existing and proposed services. We also 
anticipate authorizing new primary services in the paired 1392-1395 MHz 
and 1432-1435 MHz bands and the unpaired 1390-1392 MHz, 1670-1675 MHz, 
and 2385-2390 MHz bands.
    3. We generally seek comment on the following issues under 
consideration for all of these bands:
     Whether to authorize new services under part 27 or part 
101 of our rules;
     Whether to license new services by geographic service 
areas;
     Whether to license band managers in any of these bands;
     Whether to provide for partitioning and disaggregation of 
licensed spectrum; and

[[Page 7114]]

     Whether to adopt technical rules in order to prevent in-
band and out-of-band interference.
    4. We also address several issues relating to existing services 
currently operating in these bands. We seek comment on the following 
issues:
     Whether secondary telemetry in the 217-220 MHz and 1427-
1429.5 MHz bands should be licensed on a site-by-site basis;
     Whether primary telemetry in the 1429.5-1432 MHz band 
should be licensed on a site-by-site basis;
     Whether to add technical specifications to Part 90 of our 
Rules for telemetry operations;
     Whether to apply the frequency coordination procedures of 
Section 90.175 to authorization of future secondary telemetry 
operations.
    5. Additionally, we propose service rules to augment the framework 
established in the Reallocation Report and Order, 67 FR 6172, February 
11, 2002, ET Docket 00-221, FCC 01-382, that requires non-Federal 
Government users to coordinate with co-primary Federal Government 
incumbents. In this regard, we seek comment on the following issues:
     Blanket coordination for LPRS;
     Coordination of site-by-site and geographic area licensees 
with Federal Government incumbents;
     Coordination procedures for licensees operating in the 
1670-1675 MHz band near the METSAT station located at Greenbelt, MD.
    6. With respect to non-Government incumbents who will remain in 
these bands, we seek comment on the following issues:
     Coordination procedures for licensees in the 2385-2390 MHz 
band operating near non-Government aeronautical flight test telemetry 
sites;
     Interim coordination procedures for terrestrial licensees 
along the Canadian and Mexican borders.
    7. In accordance with section 309(j) of the Communications Act, if 
we adopt a licensing scheme under which mutually exclusive applications 
are accepted for filing, we must resolve such mutually exclusive 
applications by competitive bidding. We propose to conduct the auction 
of such licenses in conformity with the general competitive bidding 
rules set forth in part 1, subpart Q, of the Commission's rules. We 
also propose the use of bidding credits for small entities that 
participate in auctions of licenses in the paired 1392-1395 MHz and 
1432-1435 MHz bands and the unpaired 1390-1392 MHz, 1670-1675 MHz, and 
2385-2390 MHz bands as well as the unpaired 1429.5-1432 MHz portion and 
seven geographic carved out areas for primary telemetry in the 1427-
1429.5 MHz portion of the 1.4 GHz band.
    8. Additionally, we seek comment on a petition for rulemaking filed 
on March 6, 2000, by Data Flow Systems, Inc., requesting that the 
Commission amend Secs. 90.35 and 90.259 of the Commission's Rules to 
allow the use of fixed telemetry in the 216-220 MHz band. We also seek 
comment on a proposal filed by Securicor Wireless Holdings, Inc. 
(Securicor) in response to the Reallocation Notice, 66 FR 7443, January 
23, 2001. Securicor seeks to license ``white-space'' in the 216-220 MHz 
band similar to the paradigm established for land mobile use of the 
220-222 MHz band. Lastly, we request comment on a proposal submitted by 
Warren Havens (Havens) that seeks the creation of a new ``Advanced 
Technologies 220 MHz'' Service in the 216-225 MHz band.
    9. In a companion proceeding in ET Docket 00-221, the Commission 
recently reallocated the spectrum that is the subject of this NPRM. In 
response to that rulemaking, various parties recommended proposals on 
how best to utilize these bands to provide valuable services to the 
public. Because we now consider service rules regarding this spectrum, 
we hereby incorporate by reference the record previously developed in 
that proceeding leading to the Reallocation Report and Order.

I. Procedural Matters

    10. Ex Parte Rules. For purposes of this permit-but-disclose notice 
and comment rulemaking proceeding, members of the public are advised 
that ex parte presentations are permitted, except during the Sunshine 
Agenda period, provided they are disclosed under the Commission's 
rules.
    11. Pleading Dates. Pursuant to applicable procedures set forth in 
Secs. 1.415 and 1.419 of the Commission's rules, interested parties may 
file comments on or before March 4, 2002, and reply comments on or 
before March 18, 2002. Comments and reply comments should be filed in 
WT Docket No. 02-08. All relevant and timely comments will be 
considered by the Commission before final action is taken in this 
proceeding. To file formally in this proceeding, interested parties 
must file an original and four copies of all comments, reply comments, 
and supporting comments. If interested parties want each Commissioner 
to receive a personal copy of their comments, they must file an 
original plus nine copies. Interested parties should send comments and 
reply comments to the Office of the Secretary, Federal Communications 
Commission, Room TW-A325, 445 Twelfth Street, SW., Washington, DC 
20554, with a copy to Dana Davis, Wireless Telecommunications Bureau, 
Room 4-C216, 445 Twelfth Street, SW., Washington, DC 20554.
    12. Comments may also be filed using the Commission's Electronic 
Comment Filing System (ECFS). Comments filed through the ECFS can be 
sent as an electronic file via the Internet to 
http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an 
electronic submission must be filed. In completing the transmittal 
screen, commenters should include their full name, Postal Service 
mailing address, and the applicable docket or rulemaking number. 
Parties may also submit an electronic comment by Internet e-mail. To 
obtain filing instructions for e-mail comments, commenters should send 
an e-mail to [email protected], and should include the following words in 
the body of the message, ``get form your e-mail address>.'' A sample 
form and directions will be sent in reply.
    13. Comments and reply comments will be available for public 
inspection during regular business hours at the FCC Reference 
Information Center, Room CY-A257, at the Federal Communications 
Commission, 445 Twelfth Street, SW., Washington, DC 20554. Copies of 
comments and reply comments are available through the Commission's 
duplicating contractor: Qualex International, Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC, 20554, telephone 202-863-
2893, facsimile 202-863-2898, or via e-mail [email protected].

II. Initial Regulatory Flexibility Analysis for Notice of Proposed 
Rule Making

    14. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in the (NPRM), WT Docket 
No. 02-08. Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments on the NPRM as provided previously. The 
Commission will send a copy of the NPRM, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. In 
addition, the NPRM and IRFA (or summaries thereof) will be published in 
the Federal Register.

[[Page 7115]]

A. Legal Basis for Proposed Rules

    15. The proposed action is authorized under sections 1, 4(i), 302, 
303(f) and (r), and 332 of the Communications Act of 1934, as amended, 
47 U.S.C. 1, 154(i), 302, 303(f) and (r), and 332.

B. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    16. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (i) Is independently owned 
and operated; (ii) is not dominant in its field of operation; and (iii) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 1992, there were 
approximately 275,801 small organizations. ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' As of 1992, there were 
approximately 85,006 governmental entities in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or 96%, have populations of fewer than 50,000. The Census Bureau 
estimates that this ratio is approximately accurate for all 
governmental entities. Thus, of the 85,006 governmental entities, we 
estimate that 81,600 (96%) are small entities.
    17. With respect to the 1390-1395 MHz, 1432-1435 MHz, 1670-1675 
MHz, and 2385-2390 MHz bands, the Commission has not yet determined how 
many licenses will be awarded and does not know how many licensees will 
partition their license areas or disaggregate their spectrum blocks, if 
partitioning and disaggregation are allowed. Moreover, the Commission 
does not yet know how many applicants or licensees in these bands will 
be small entities. We therefore assume that, for purposes of our 
evaluations and conclusions in the IRFA, all prospective licensees are 
small entities, as that term is defined by the SBA or by our proposed 
small business definitions for these bands. We invite comment on this 
analysis.
    18. Existing services in other bands include entities that might be 
affected by the proposed rules, either as existing licensees or 
potential applicants or licensees. Incumbent services in the 216-220 
MHz band include the Automated Maritime Telecommunications Service 
(AMTS), the ``218-219 MHz'' Service, the Low Power Radio Service (LPRS) 
and telemetry. Incumbent services in the 1427-1429.5 MHz and 1429.5-
1432 MHz bands include wireless medical telemetry (WMTS) and general 
telemetry.
    19. AMTS. For future auctions in the AMTS, the Commission has 
proposed to define small businesses as those entities, together with 
their affiliates and controlling interests, with not more than $15 
million in average gross revenues for the preceding three years, and 
very small businesses as those entities, together with their affiliates 
and controlling interests, with not more than $3 million in average 
gross revenues for the preceding three years. Currently, there are only 
three AMTS licensees, none of whom are small businesses. However, 
potential licensees in AMTS include all public coast stations, which 
are classified by the Small Business Administration as Radiotelephone 
Service Providers, Standard Industrial Classification Code 4812. The 
Commission does not yet know how many applicants or licensees in these 
bands will be small entities. We therefore assume that, for purposes of 
our evaluations and conclusions in the IRFA, all prospective licensees 
are small entities, as that term is defined by the SBA or by our 
proposed small business definitions for these bands.
    20. ``218-219 MHz'' Service. For the first auction of the ``218-219 
MHz'' Service the Commission defined a small business as an entity, 
together with its affiliates, that has no more than a $6 million net 
worth and, after federal income taxes (excluding any carry over 
losses), has no more than $2 million in annual profits each year for 
the previous two years. For that auction, 170 entities won licenses for 
594 Metropolitan Statistical Area (MSA) licenses. Of the 594 licenses, 
557 were won by entities qualifying as a small business. Subsequently, 
the Commission changed the service rules and defined small businesses 
as those entities, together with their affiliates and controlling 
interests, with not more than $15 million in average gross revenues for 
the preceding three years, and very small businesses as those entities, 
together with their affiliates and controlling interests, with not more 
than $3 million in average gross revenues for the preceding three 
years. We cannot estimate, however, the number of licenses that will be 
won by entities qualifying as small businesses under our rules in 
future auctions of 218-219 MHz spectrum licenses. Given the success of 
small businesses in the first auction, we assume for purposes of this 
IRFA that in future auctions all of the licenses in the ``218-219 MHz'' 
Service may be awarded to small businesses.
    21. Low Power Radio Service. The Low Power Radio Service 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 users 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.
    22. Telemetry. Incumbent telemetry operators in the 216-220 MHz 
band include entities such as Fairfield Industries, Inc. which perform 
geophysical exploration for underground oil and natural gas reserves. 
Incumbent non-medical telemetry operators in the 1427-1429.5 MHz and 
1429.5-1432 MHz bands include Itron, Inc., 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. Itron, Inc. is the primary user of the 
1427-1429.5 MHz and 1429.5-1432 MHz bands. Itron, Inc., with an 
investment of $100 million in equipment development, is not likely to 
be a small business. One licensee, Zytex, a manufacturer of high-speed 
telemetry systems, may be a small business. The Commission does not yet 
know how many applicants or licensees in these bands will be small 
entities. We therefore assume that, for purposes of our evaluations and 
conclusions in the IRFA, all prospective licensees are small entities.
    23. WMTS. Users of medical telemetry are hospitals and medical care 
facilities, some of which are likely to be small businesses. According 
to the SBA's regulations, hospitals and nursing

[[Page 7116]]

homes 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. 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.

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

    24. Applicants for licenses to provide terrestrial fixed and mobile 
services in the paired 1392-1395 MHz and 1432-1435 MHz bands, the 
unpaired 1390-1392 MHz band, the unpaired 1670-1675 MHz band, and the 
unpaired 2385-2390 MHz band will be required to submit short-form 
auction applications using FCC Form 175. In addition, winning bidders 
must submit long-form license applications through the Universal 
Licensing System using FCC Form 601, and other appropriate forms. 
Licensees will also be required to apply for an individual station 
license by filing FCC Form 601 for those individual stations that (i) 
require submission of an Environmental Assessment under Section 1.1307 
of our Rules; (ii) require international coordination; (iii) would 
operate in the quiet zones listed in Section 1.924 of our Rules; or 
(iv) require coordination with the Frequency Assignment Subcommittee 
(FAS) of the Interdepartment Radio Advisory Committee (IRAC). We invite 
comment on how these filing requirements can be modified to reduce the 
burden on small entities.

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

    25. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (i) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(iii) the use of performance, rather than design standards; and (iv) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    26. We have reduced burdens wherever possible. To minimize any 
negative impact, however, we propose certain incentives for small 
entities that will redound to their benefit. These special provisions 
include partitioning and spectrum disaggregation. These provisions will 
allow smaller entities to overcome entry barriers. In addition, we seek 
comment on whether it would be appropriate to license the paired 1392-
1395 MHz and 1432-1435 MHz bands and the unpaired 1390-1392 MHz, 1670-
1675 MHz and 2385-2390 MHz bands for fixed and mobile services using 
smaller geographical licensing areas. The use of smaller licensing 
areas could benefit small entities by reducing costs and build-out 
expenses.
    27. We also propose the use of bidding credits for small entities 
that participate in auctions of licenses that are conducted pursuant to 
the rules proposed in this Notice. Thus, for the paired 1392-1395 MHz 
and 1432-1435 MHz bands and the unpaired 1390-1392 MHz, 1670-1675 MHz, 
and 2385-2390 MHz bands, we propose to define an ``entrepreneur'' as an 
entity with average annual gross revenues not exceeding $40 million for 
the three preceding years and we propose to define a ``small business'' 
as an entity with average annual gross revenues not exceeding $15 
million for the three preceding years. With respect to the 1427-1432 
MHz band, in which we believe that the capital costs of providing 
primary telemetry service will in general be lower than the capital 
costs for the bands discussed above, we propose to define a ``small 
business'' as an entity with average annual gross revenues not 
exceeding $15 million for the three preceding years and a ``very small 
business'' as an entity with average annual gross revenues not 
exceeding $3 million for the three preceding years. We further propose 
to provide entrepreneurs with a bidding credit of 15 percent, small 
businesses with a bidding credit of 25 percent, and very small 
businesses with a bidding credit of 35 percent. We believe that these 
bidding credits will help small entities compete in our auctions and 
acquire licenses. We seek comment on our proposed small business 
definitions and bidding credits, including information on factors that 
may affect the capital requirements of the type of services a licensee 
may seek to provide.
    28. The regulatory burdens we have retained, such as filing 
applications on appropriate forms, are necessary in order to ensure 
that the public receives the benefits of innovative new services in a 
prompt and efficient manner. We will continue to examine alternatives 
in the future with the objectives of eliminating unnecessary 
regulations and minimizing any significant economic impact on small 
entities. We seek comment on significant alternatives commenters 
believe we should adopt.

E. Report to Small Business Administration

    29. The Commission will send a copy of this Notice of Proposed 
Rulemaking, including a copy of the IRFA to the Chief Counsel for 
Advocacy of the Small Business Administration.

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

    30. None.

III. Ordering Clauses

    31. Pursuant to sections 1, 4(i), 302, 303(f) and (r), and 332 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302, 
303(f) and (r), and 332, Notice is hereby given of the proposed 
regulatory changes described in this Notice of proposed rulemaking, and 
that comment is sought on these proposals.
    32. Pending applications to use the frequencies listed in 
Sec. 90.259 of the Commission's Rules, 47 CFR 90.259, Will be processed 
provided that (i) they are not mutually exclusive with other 
applications as of February 6, 2002, nor with respect to the 
frequencies listed in Section 90.259, part of a proposed system that 
does not meet the requirements of our rules, without reference to any 
applications that are mutually exclusive with other applications as of 
February 6, 2002, and (ii) the relevant period for filing competing 
applications has expired as of that date. Pending applications to use 
those frequencies not meeting the above criteria Will be held in 
abeyance until the conclusion of this proceeding. We will determine 
later, in accordance with such new rules as are adopted, whether to 
process or return any such pending applications.
    33. The Commission's Consumer Information Bureau, Reference 
Information Center, Shall send a copy of this Notice of proposed 
rulemaking including the Initial Regulatory Flexibility Analysis, to 
the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

    Administrative, practice and procedure, Radio.

47 CFR Part 2

    Communications equipment, Radio.

[[Page 7117]]

47 CFR Part 27

    Communications common carriers, Radio.

47 CFR Part 90

    Communications equipment, Radio, Reporting, recordkeeping 
requirements.

47 CFR Part 95

    Communications equipment, Radio, Reporting, recordkeeping 
requirements.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    For the reasons discussed in the preamble the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2, 27, 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), unless otherwise noted.

    2. Section 1.924(g)(1), (g)(2) and (g)(3) is revised to read as 
follows:


Sec. 1.924  Quiet zones.

* * * * *
    (g) * * *
    (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) or within the area bounded by a circle with a radius of 
65 kilometers (40.4 miles) that is centered on 39 deg.00'02" N, 
76 deg.50'31" W (Greenbelt) 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 by revising footnotes US350 and US362 
to read as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *
United States (US) Footnotes
* * * * *
    US350 In the bands 608-614 MHz and 1395-1400 MHz the Government and 
non-Government land mobile service is limited to medical telemetry and 
medical telecommand operations. Availability and use of medical 
telemetry and telecommand and non-medical telemetry and telecommand in 
the bands 1427-1429.5 MHz and 1429.5-1432 MHz are described in the 
following table:

------------------------------------------------------------------------
  Location (see  90.259 and
95.630 of this chapter for a     1427-1429.5 MHz       1429.5-1432 MHz
    detailed description)
------------------------------------------------------------------------
Austin/Georgetown, Texas;     Non-Governement land  Government and non-
 Battle Creek, Michigan;       mobile service is     Government land
 Detroit, Michigan;            limited to            mobile service is
 Pittsburgh, Pennsylvania;     telemetry and         limited to medical
 Richmond/Norfolk, Virginia;   telecommand           telemetry and
 Spokane, Washington;          operations.           telecommand
 Washington, DC,              Government and non-    operations.
 metropolitan area.            Government land      Non-Government
                               mobile service is     telemetry and
                               limited to medical    telecommand use is
                               telemetry and         permitted on a
                               telecommand           secondary basis.
                               operations on a
                               secondary basis.
Rest of U.S.................  Government and non-   Non-Government land
                               Government land       mobile service is
                               mobile service is     limited to
                               limited to medical    telemetry and
                               telemetry and         telecommand
                               telecommand           operations.
                               operations.
                              Non-Government
                               telemetry and
                               telecommand use is
                               permitted on a
                               secondary basis.
------------------------------------------------------------------------

* * * * *
    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 and within 65 kilometers of the 
Greenbelt coordinates shall notify NOAA in accordance with the 
procedures specified in 47 CFR 1.924.
* * * * *

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

    5. The authority citation for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337 unless otherwise noted.

    6. Section 27.4 is amended by adding the following definition in 
alphabetical order to read as follows:


Sec. 27.4  Terms and definitions.

* * * * *
    Band Manager. The term Band Manager refers to a licensee in the 
1390-1392 MHz, 1392-1395 MHz, 1432-1435 MHz, 1670-1675 MHz and 2385-
2390 MHz bands that functions solely as a spectrum broker by 
subdividing its licensed spectrum and making it available to system 
operators or directly to end users for fixed or

[[Page 7118]]

mobile communications consistent with Commission Rules. A Band Manager 
is directly responsible for any interference or misuse of its licensed 
frequency arising from its use by such non-licensed entities.
* * * * *
    7. Add Subpart I to part 27 to read as follows:

Subpart I--1.4 GHz Service

Sec.
27.801   Scope.
27.802   Permissible communications.
27.803   Coordination requirements.
27.804   Geographic partitioning and spectrum disaggregation.
27.805   1.4 THz Service licenses subject to competitive bidding.
27.806   Designated entities.


Sec. 27.801  Scope.

    This subpart sets out the regulations governing service in the 
paired 1392-1395 MHz and 1430-1432 MHz bands as well as the unpaired 
1390-1392 MHz band (1.4 GHz Service).


Sec. 27.802  Permissible communications.

    Licensees in the paired 1392-1395 MHz and 1430-1432 MHz bands and 
unpaired 1390-1392 MHz band are authorized to provide fixed or mobile 
service, except aeronautical service, subject to the technical 
requirements of this subpart.


Sec. 27.803  Coordination requirements.

    (a) Licensees in the 1.4 GHz Service will be issued geographic area 
licenses.
    (b) Licensees in the 1.4 GHz Service must file a separate station 
application with the Commission and obtain an individual station 
license, prior to construction or operation, of any station:
    (1) That requires submission of an Environmental Assessment under 
Part 1, Sec. 1.1307 of this chapter;
    (2) That requires international coordination;
    (3) That operates in the quiet zones listed in Part 1, Sec. 1.924 
of this chapter; or
    (4) That requires approval of the Frequency Advisory Subcommittee 
(FAS) of the Interdepartment Radio Advisory Committee (IRAC). Stations 
that require FAS approval are as follows:
    (i) Licensees in the 1390-1392 MHz and 1392-1395 MHz band must 
receive FAS approval prior to operation of fixed sites or mobile units 
within the NTIA recommended protection radii of the Government sites 
listed in footnote US351 of Sec. 2.106.
    (ii) Licensees in the 1432-1435 MHz band must receive FAS approval, 
prior to operation of fixed sites or mobile units within the NTIA 
recommended protection radii of the Government sites listed in footnote 
US361 of Sec. 2.106 of this chapter.
    (c) Prior to construction of a station, a 1.4 GHz licensee must 
register with the Commission any station antenna structure for which 
notification to the Federal Aviation Administration is required by part 
17 of this chapter.
    (d) It is the licensee's responsibility to determine whether an 
individual station needs referral to the Commission.
    (e) The notification required in paragraph (b) of this section must 
be filed on the Universal Licensing System.


Sec. 27.804  Geographic partitioning and spectrum disaggregation.

    An entity that acquires a portion of a 1.4 GHz licensee's 
geographic area or spectrum subject to a geographic partitioning or 
spectrum disaggregation agreement under Sec. 27.15 must function as a 
1.4 GHz licensee and is subject to the obligations and restrictions on 
the 1.4 GHz license as set forth in this subpart.


Sec. 27.805  1.4 GHz Service licenses subject to competitive bidding.

    Mutually exclusive initial applications for 1.4 GHz Service 
licenses in the paired 1392-1395 MHz and 1430-1432 MHz bands as well as 
the unpaired 1390-1392 MHz and 1429.5-1432 MHz bands are subject to 
competitive bidding. The general competitive bidding procedures set 
forth in part 1, subpart Q, of this chapter will apply unless otherwise 
provided in this part.


Sec. 27.806  Designated entities.

    (a) Eligibility for small business provisions for 1.4 GHz Service 
licenses in the paired 1392-1395 MHz and 1430-1432 MHz bands and the 
unpaired 1390-1392 MHz band.
    (1) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $15 million for the preceding three years.
    (2) An entrepreneur is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $40 million for the preceding three years.
    (3) A consortium of small businesses is a conglomerate organization 
formed as a joint venture between or among mutually independent 
business firms, each of which individually satisfies the definition in 
paragraph (a)(1) of this section. A consortium of entrepreneurs is a 
conglomerate organization formed as a joint venture between or among 
mutually independent business firms, each of which individually 
satisfies the definition in paragraph (a)(2) of this section.
    (4) For purposes of determining whether an entity meets any of the 
definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this 
section, the gross revenues of the entity, its controlling interests 
and affiliates shall be considered in the manner set forth in 
Sec. 1.2110(b) and (c) of this chapter.
    (b) A winning bidder that qualifies as a very small business or a 
consortium of very small businesses as defined in this section may use 
the bidding credit specified in Sec. 1.2110(f)(2)(i) of this chapter. A 
winning bidder that qualifies as a small business or a consortium of 
small businesses as defined in this section may use the bidding credit 
specified in Sec. 1.2110(f)(2)(ii) of this chapter. A winning bidder 
that qualifies as an entrepreneur or a consortium of entrepreneurs as 
defined in this section may use the bidding credit specified in 
Sec. 1.2110(f)(2)(iii) of this chapter.
    8. Add subpart J to part 27 to read as follows:

Subpart J--1670-1675 MHz Service

Sec.
27.901   Scope.
27.902   Permissible communications
27.903   Coordination requirements.
27.904   Geographic partitioning and spectrum disaggregation.
27.905   1670-1675 MHz Service licenses subject to competitive 
bidding.
27.906   Designated entities.


Sec. 27.901  Scope.

    This subpart sets out the regulations governing service in the 
1670-1675 MHz band (1670-1675 MHz Service).


Sec. 27.902  Permissible communications.

    Licensees in the 1670-1675 MHz Service are authorized to provide 
fixed or mobile service, except aeronautical mobile service, subject to 
the technical requirements of this subpart.


Sec. 27.903  Coordination requirements.

    (a) Licensees in the 1670-1675 MHz Service will be issued 
geographic area licenses.
    (b) Licensees in the 1670-1675 MHz Service must file a separate 
station application with the Commission and obtain an individual 
station license, prior to construction or operation, of any station:
    (1) That requires submission of an Environmental Assessment under 
part 1, Sec. 1.1307 of this chapter;
    (2) That requires international coordination;

[[Page 7119]]

    (3) That operates in the quiet zones listed under part 1, 
Sec. 1.924 of this chapter.
    (c) The notification required in paragraph (b) of this section must 
be filed on the Universal Licensing System.
    (d) Prior to construction of a station, a licensee must register 
with the Commission any station antenna structure for which 
notification to the Federal Aviation Administration is required by part 
17 of this chapter.
    (e) It is the licensee's responsibility to determine whether an 
individual station requires referral to the Commission.


Sec. 27.904  Geographic partitioning and spectrum disaggregation.

    An entity that acquires a portion of a 1670-1675 MHz licensee's 
geographic area or spectrum subject to a geographic partitioning or 
spectrum disaggregation agreement under Sec. 27.15 must function as a 
1670-1675 MHz licensee and is subject to the obligations and 
restrictions on the 1670-1675 MHz license as set forth in this subpart.


Sec. 27.905 1670-1675  MHz Service licenses subject to competitive 
bidding.

    Mutually exclusive initial applications for 1670-1675 MHz Service 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q, of this chapter will 
apply unless otherwise provided in this part.


Sec. 27.906  Designated entities.

    (a) Eligibility for small business provisions.
    (1) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $15 million for the preceding three years.
    (2) An entrepreneur is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $40 million for the preceding three years.
    (3) A consortium of small businesses is a conglomerate organization 
formed as a joint venture between or among mutually independent 
business firms, each of which individually satisfies the definition in 
paragraph (a)(1) of this section. A consortium of entrepreneurs is a 
conglomerate organization formed as a joint venture between or among 
mutually independent business firms, each of which individually 
satisfies the definition in paragraph (a)(2) of this section.
    (4) For purposes of determining whether an entity meets any of the 
definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this 
section, the gross revenues of the entity, its controlling interests 
and affiliates shall be considered in the manner set forth in 
Sec. 1.2110(b) and (c) of this chapter.
    (b) A winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in this section may use the 
bidding credit specified in Sec. 1.2110(f)(2)(ii) of this chapter. A 
winning bidder that qualifies as an entrepreneur or a consortium of 
entrepreneurs as defined in this section may use the bidding credit 
specified in Sec. 1.2110(f)(2)(iii) of this chapter.
    9. Add a Subpart K to part 27 to read as follows

Subpart K--2385-2390 MHz Service

Sec.
27.1001  Scope.
27.1002  Permissible communications
27.1003  Coordination requirements
27.1004  Geographic partitioning and spectrum disaggregation
27.1005-23852390   MHz Service licenses subject to competitive 
bidding.
27.1006  Designated entities.


Sec. 27.1001  Scope.

    This subpart sets out the regulations governing service in the 
2385-2390 MHz band (2385-2390 MHz Service).


Sec. 27.1002  Permissible communications.

    Licensees in the 2385-2390 MHz Service are authorized to provide 
fixed or mobile service subject to the technical requirements of this 
subpart.


Sec. 27.1003  Coordination requirements.

    (a) Licensees in the 2385-2390 MHz Service will be issued 
geographic area licenses.
    (b) Licensees in the 2385-2390 MHz Service must file a separate 
station application with the Commission and obtain an individual 
station license, prior to construction or operation, of any station:
    (1) That requires submission of an Environmental Assessment under 
part 1, Sec. 1.1307 of this chapter;
    (2) That requires international coordination;
    (3) That operates in the quiet zones listed in part 1, Sec. 1.924 
of this chapter;
    (4) That requires approval of the Frequency Advisory Subcommittee 
(FAS) of the Interdepartment Radio Advisory Committee (IRAC). Licensees 
in the 2385-2390 MHz Service must receive FAS approval prior to 
operation of fixed sites or mobile units within the NTIA recommended 
protection radii of the Government aeronautical telemetry sites listed 
in footnote US363 of Sec. 2.106 of this chapter.
    (5) That would require approval of the Aeronautical Flight Test 
Radio Coordinating Council (AFTRCC). Licensees in the 2385-2390 MHz 
Service must receive AFTRCC approval prior to operation of fixed sites 
or mobile units within the AFTRCC recommended protection radii of the 
non-Government flight test operations listed in footnote US363 of 
Sec. 2.106 of this chapter.
    (c) Prior to construction of a station, the 2385-2390 MHz licensee 
must register with the Commission any station antenna structure for 
which notification to the Federal Aviation Administration is required 
by part 17 of this chapter.
    (d) It is the licensee's responsibility to determine whether a 
referral to the Commission is needed for any individual station 
constructed.
    (e) The notification required in paragraph (b) of this section must 
be filed on the Universal Licensing System.


Sec. 27.1004  Geographic partitioning and spectrum disaggregation.

    An entity that acquires a portion of a 2390-2385 MHz licensee's 
geographic area or spectrum subject to a geographic partitioning or 
spectrum disaggregation agreement under Sec. 27.15 must function as a 
2385-2390 MHz licensee and is subject to the obligations and 
restrictions on the 2385-2390 MHz license as set forth in this subpart.


Sec. 27.1005 2385-2390  MHz Service licenses subject to competitive 
bidding.

    Mutually exclusive initial applications for 2385-2390 MHz Service 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q, of this chapter will 
apply unless otherwise provided in this part.


Sec. 27.1006  Designated entities.

    (a) Eligibility for small business provisions.
    (1) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $15 million for the preceding three years.
    (2) An entrepreneur is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $40 million for the preceding three years.
    (3) A consortium of small businesses is a conglomerate organization 
formed as a joint venture between or among mutually independent 
business firms, each of which individually satisfies the definition in 
paragraph (a)(1) of this section. A consortium of entrepreneurs is a 
conglomerate organization formed as a joint venture between or among 
mutually independent business firms, each of which individually 
satisfies the definition in paragraph (a)(2) of this section.

[[Page 7120]]

    (4) For purposes of determining whether an entity meets any of the 
definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this 
section, the gross revenues of the entity, its controlling interests 
and affiliates shall be considered in the manner set forth in 
Sec. 1.2110(b) and (c) of this chapter.
    (b) A winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in this section may use the 
bidding credit specified in Sec. 1.2110(f)(2)(ii) of this chapter. A 
winning bidder that qualifies as an entrepreneur or a consortium of 
entrepreneurs as defined in this section may use the bidding credit 
specified in Sec. 1.2110(f)(2)(iii) of this chapter.
    10. Add Subpart L to part 27 to read as follows

Subpart L--Band Managers

Sec.
27.1101   Scope.
27.1102   Permissible communications.
27.1103   Band Manager authority.
27.1104   Band Manager agreements.
27.1105   Access to the Band Manager's spectrum.
27.1106   Band Manager licenses subject to competitive bidding.
27.1107   Designated entities.


Sec. 27.1101  Scope.

    This subpart sets out the regulations governing Band Managers in 
the paired 1392-1395 MHz and 1432-1435 MHz bands and unpaired 1390-1392 
MHz, 1670-1675 MHz and 2385-2390 MHz bands.


Sec. 27.1102  Permissible communications.

    Band Managers are authorized to allow a spectrum user to provide 
fixed or mobile service subject to the technical requirements of this 
subpart.


Sec. 27.1103  Band Manager authority.

    (a) A Band Manager may allow a spectrum user, pursuant to a written 
agreement, to construct and operate stations at any available site 
within the licensed area and on any channel for which the Band Manager 
is licensed, provided such stations comply with Commission Rules and 
coordination requirements.
    (b) A Band Manager may allow a spectrum user, pursuant to a written 
agreement, to delete, move or change the operating parameters of any of 
the user's stations that are covered under the Band Manager's license 
without prior Commission approval, provided such stations comply with 
Commission Rules and coordination requirements.


Sec. 27.1104  Band Manager agreements.

    Band Managers are required to enter into written agreements 
regarding the use of their licensed spectrum by others, subject to the 
following conditions:
    (a) The duration of spectrum user agreements may not extend beyond 
the term of the Band Manager's FCC license.
    (b) The spectrum user agreement must specify in detail the 
operating parameters of the spectrum user's system, including power, 
maximum antenna heights, frequencies of operation, base station 
location(s), area(s) of operation.
    (c) The spectrum user agreement must require the spectrum user to 
use Commission-approved equipment where appropriate and to complete 
post-construction proofs of system performance prior to system 
activation.
    (d) The spectrum user must agree to operate its system in 
compliance with all technical specifications for the system contained 
in the agreement and agree to cooperate fully with any investigation or 
inquiry conducted by either the Commission or the Band Manager.
    (e) The spectrum user must agree to comply with all applicable 
Commission rules, and the spectrum user must accept Commission 
oversight and enforcement.
    (f) The spectrum user agreement must stipulate that if the Band 
Manager determines that there is an ongoing violation of the 
Commission's rules or that the spectrum user's system is causing 
harmful interference, the Band Manager shall have the right to suspend 
or terminate operation of the spectrum user's system. The spectrum user 
agreement must stipulate that if the spectrum user refuses to comply 
with a suspension or termination order, the Band Manager will be free 
to use all legal means necessary to enforce the order.
    (g) The spectrum user agreement may not impose unduly restrictive 
requirements on use of the licensed frequencies, including any 
requirement that is not reasonably related to the efficient management 
of the spectrum licensed to the Band Manager.
    (h) Band Managers shall maintain their written agreements with 
spectrum users at their principal place of business, and retain such 
records for at least two years after the date such agreements expire. 
Such records shall be kept current and be made available upon request 
for inspection by the Commission or its representatives.


Sec. 27.1105  Access to the Band Manager's spectrum.

    (a) A Band Manager may not engage in unjust or unreasonable 
discrimination among spectrum users and may not unreasonably deny 
prospective spectrum users access to the Band Manager's licensed 
spectrum.
    (b) A Band Manager may not impose unduly restrictive requirements 
on use of its licensed frequencies, including any requirement that is 
not reasonably related to the efficient management of the spectrum 
licensed to the Band Manager.


Sec. 27.1106  Band Manager licenses subject to competitive bidding.

    Mutually exclusive initial applications for Band Manager licenses 
in the paired 1392-1395 MHz and 1432-1435 MHz bands and unpaired 1390-
1392 MHz, 1670-1675 MHz and 2385-2390 MHz bands are subject to 
competitive bidding. The general competitive bidding procedures set 
forth in part 1, subpart Q, of this chapter will apply unless otherwise 
provided in this part.


Sec. 27.1107  Designated entities.

    (a) Eligibility for small business provisions for Band Manager 
licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands and 
unpaired 1390-1392 MHz, 1670-1675 MHz and 2385-2390 MHz bands.
    (1) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $15 million for the preceding three years.
    (2) An entrepreneur is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $40 million for the preceding three years.
    (3) A consortium of small businesses is a conglomerate organization 
formed as a joint venture between or among mutually independent 
business firms, each of which individually satisfies the definition in 
paragraph (a)(1) of this section. A consortium of entrepreneurs is a 
conglomerate organization formed as a joint venture between or among 
mutually independent business firms, each of which individually 
satisfies the definition in paragraph (a)(2) of this section.
    (4) For purposes of determining whether an entity meets any of the 
definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this 
section, the gross revenues of the entity, its controlling interests 
and affiliates shall be considered in the manner set forth in 
Sec. 1.2110(b) and (c) of this chapter.
    (b) A winning bidder that qualifies as a very small business or a 
consortium of very small businesses as defined in this section may use 
the bidding credit specified in Sec. 1.2110(f)(2)(i) of this chapter. A 
winning bidder that qualifies as a small business or a consortium of

[[Page 7121]]

small businesses as defined in this section may use the bidding credit 
specified in Sec. 1.2110(f)(2)(ii) of this chapter. A winning bidder 
that qualifies as an entrepreneur or a consortium of entrepreneurs as 
defined in this section may use the bidding credit specified in 
Sec. 1.2110(f)(2)(iii) of this chapter.

PART 90--PRIVATE LAND MOBILE RADIO SERVICE

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

    Authority: Sections 4(i), 11, 303(g), 303(r), and 302(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    12. Section 90.175 is amended by revising paragraph (i)(13) to read 
as follows:


Sec. 90.175  Frequency coordination requirements.

* * * * *
    (i) * * *
    (13) Applications for frequencies in the 1429.5-1432 MHz band.
* * * * *
    13. Section 90.259 is amended by designating the undesignated 
paragraph as paragraph (a) and by adding paragraph (b) to read as 
follows:


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

* * * * *
    (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 in 
status except in the locations specified in paragraph (b)(4) of this 
section where operations are primary in status.
    (3) All operations in the 1429.5-1432 MHz are primary in status 
except in the locations specified in paragraph (b)(4) of this section 
where operations are secondary in status.
    (4) Locations. (i) Pittsburgh, Pennsylvania--Westmoreland, 
Washington, Beaver, Allegheny and Butler counties;
    (ii) Washington, DC metropolitan area--Montgomery, Prince William, 
Fairfax, Prince George's and Charles counties, Alexandria City, 
District of Columbia;
    (iii) Richmond/Norfolk, Virginia--Goochland, Powhatan, Hanover, 
Henrico counties, Richmond City, Hampton City, Virginia Beach City, 
Chesapeake City, Portsmouth City and Suffolk City;
    (iv) Austin/Georgetown, Texas--Williamson and Travis counties;
    (v) Battle Creek, Michigan--Calhoun county
    (vi) Detroit, Michigan--Oakland county
    (vii) Spokane, Washington--Spokane county.

PART 95--PERSONAL RADIO SERVICES

    14. The authority citation for part 95 continues to read as 
follows:

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

    15. Section 95.630 is revised to read as follows:


Sec. 95.630  WMTS transmitter frequencies.

    (a) WMTS transmitters may operate in the frequency bands specified 
below:


(1) 608-614 MHz

(2) 1395-1400 MHz

(3) 1427-1429.5 MHz

(4) 1429.5-1432 MHz

    (b) All operations in the 1427-1429.5 MHz band are primary in 
status except in the locations specified in paragraph (c) of this 
section where operations are secondary in status.
    (c) Locations. (1) Pittsburgh, Pennsylvania--Westmoreland, 
Washington, Beaver, Allegheny and Butler counties;
    (2) Washington, DC metropolitan area--Montgomery, Prince William, 
Fairfax, Prince George's and Charles counties, Alexandria City, 
District of Columbia;
    (3) Richmond/Norfolk, Virginia--Goochland, Powhatan, Hanover, 
Henrico counties, Richmond City, Hampton City, Virginia Beach City, 
Chesapeake City, Portsmouth City and Suffolk City;
    (4) Austin/Georgetown, Texas--Williamson and Travis counties;
    (5) Battle Creek, Michigan--Calhoun county
    (6) Detroit, Michigan--Oakland county
    (7) Spokane, Washington--Spokane county.
    16. Section 95.639(g) is revised to read as follows:


Sec. 95.639  Maximum transmitter power.

* * * * *
    (g) 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, 1427-1429.5 MHz, and 1429.5-1432 MHz bands, the maximum 
field strength is 740 mV/m, measured at 3 meters.
* * * * *
    17. 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, 
1427-1429.5 MHz and 1429.5-1432 MHz frequency bands.
    18. 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, 1427-1429.5 MHz, and 1429.5-1432 MHz frequency 
bands.
    19. Sections 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, 1427-1429.5 MHz, and 1429.5-1432 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, 1427-1429.5 MHz, and 
1429.5-1432 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.
* * * * *
    20. 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, 1427-1429.5 MHz, and 1429.5-
1432 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 1427-1429.5 MHz, and 1429.5-1432 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. 02-3799 Filed 2-14-02; 8:45 am]
BILLING CODE 6712-01-P