[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Rules and Regulations]
[Pages 41847-41862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15373]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 27, 87, 90 and 95

[WT Docket No. 02-08; FCC 02-152]


License Services in 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: Final rule.

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SUMMARY: In this document, the Commission adopts service rules for 27 
megahertz of electromagnetic spectrum in the 216-220 MHz, 1390-1395 
MHz, 1427-1429.5 MHz, 1429.5-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, 
and 2385-2390 MHz bands, recently reallocated for non-Government use. 
The licensing plan adopted in this proceeding implements, in part, the 
Commission's November 1999 Spectrum Policy Statement. The service rules 
adopted herein establish a flexible

[[Page 41848]]

regulatory and licensing framework. The Commission believes that this 
decision will provide opportunities for new services to utilize this 
spectrum, thus addressing spectrum scarcity concerns, as well as to 
promote the delivery of technologically innovative services to the 
public.

DATES: Effective August 19, 2002, except for Secs. 27.602 and 90.176 
which contains information collection requirements that have not been 
approved by OMB. The Commission will publish a document in the Federal 
Register announcing the effective date. Written comments by the public 
on the proposed and/or modified information collections are due on or 
before August 19, 2002.

ADDRESSES: In addition to filing comments with the Secretary, a copy of 
any comments on the information collections contained herein should be 
submitted to Judy B. Herman, Federal Communications Commission, Room 1-
C804, 445 Twelfth Street, SW., Washington, DC 20554, or via the 
Internet to [email protected], and to Edward Springer, OMB Desk Officer, 
10236 NEOB, 725--17th Street, NW., Washington, DC 20503 or to 
[email protected] via the Internet.

FOR FURTHER INFORMATION CONTACT: Zenji Nakazawa or Keith Fickner 
regarding legal matters, and/or Brian Marenco or Tim Maguire regarding 
engineering matters via phone at (202) 418-0680, via TTY (202) 418-
7233, or via e-mail at [email protected], [email protected], 
[email protected] or [email protected], respectively, Wireless 
Telecommunications Bureau, Federal Communications Commission, 
Washington, DC. 20554.

Paperwork Reduction Analysis

    1. This Report and Order contains either a new or modified 
information collection. As part of the Commission's continuing effort 
to reduce paperwork burdens, we invite the general public and the 
Office of Management and Budget (OMB) to take this opportunity to 
comment on revision to the information collections contained in the 
Report and Order as required by the Paperwork Reduction Act of 1995. 
Public and agency comments are due August 19, 2002. Comments should 
address:
     Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility.
     The accuracy of the Commission's burden estimates.
     Ways to enhance the quality, utility, and clarity of the 
information collected.
     Ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    Written comments by the public on the proposed and/or modified 
information collections are due 60 days after the date of publication 
in the Federal Register. Written comments must be submitted by the OMB 
on the proposed and/or modified information collections on or before 
120 days after the date of publication in the Federal Register. In 
addition to filing comments with the Secretary, a copy of any comments 
on the information collections contained herein should be submitted to 
Judith B. Herman, Federal Communications Commission, Room 1-445 12th 
Street, SW, Washington, DC 20554, or via the Internet to 
[email protected], and to Ed Springer, OMB Desk Officer, Room 10236 New 
Executive Office Building, 725 Seventeenth Street, NW., Washington, DC 
20503, or to [email protected] via the Internet.

    OMB Control No.: 3060-0783.
    Title: 90.176 Coordinator notification requirements on frequencies 
below 512 MHz, at 764-776/794-806 MHz, or at 1427-1432 MHz.
    Form No: N/A.
    Type of Review: Revision of a currently approved collection.
    Frequency of Response: On occasion.
    Total Annual Burden: 2925.
    Total Annual Cost: 0.
    Needs and Uses: This Rule is necessary to require each Private Land 
Mobile frequency coordinator to provide, within one business day, a 
listing of their frequency recommendations to all other frequency 
coordinators in their respective pools, and, if necessary, an 
engineering analysis.

    OMB Control No.: 3060-xxxx.
    Title: 27.602 Guard Band Manager agreements.
    Form No: N/A.
    Type of Review: New.
    Frequency of Response: On occasion.
    Total Annual Burden: 216.
    Total Annual Cost: 0.
    Needs and Uses: This rule is necessary for Guard Band Managers to 
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 need to be 
kept current and be made available upon request for inspection by the 
Commission or its representatives.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Report and Order, FCC 02-152, adopted on 
May 16, 2002 and released on May 24, 2002. The full text of this 
document including the chart summary of the band 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 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 via the Internet. Alternative formats are available to 
persons with disabilities by contacting Brian Millin at (202) 418-7426 
or TTY (202) 418-7365.
    2. In this Report and Order, we make the following major 
determinations regarding the subject bands:
     Assign the 1390-1392 MHz band by Major Economic Areas 
(MEAs), the paired 1392-1395 MHz and 1432-1435 MHz bands by Economic 
Area Groups (EAGs), the 1670-1675 MHz and the 2385-2390 MHz bands on a 
single, nationwide basis, and the 1429.5-1432 MHz band on a site-by-
site basis with frequency coordination.
     Permit open eligibility for initial licenses assigned by 
geographic area licensing in the paired 1392-1395 MHz and 1432-1435 MHz 
bands and in the unpaired 1390-1392 MHz, 1670-1675 MHz, and the 2385-
2390 MHz bands. Adopt technical standards that are both consistent with 
our part 27 rules and provide licensees flexibility.
     License telemetry on a primary basis in the 1429.5-1432 
MHz band and on a secondary basis in the 217-220 MHz and 1427-1429.5 
MHz bands using a frequency coordinated site-by-site approach 
consistent with the technical specifications provided for telemetry 
operations under our part 90 rules, as modified herein.
     Adopt our proposed framework for a ten-year license term 
from the date of grant in the paired 1392-1395 MHz and 1432-1435 MHz 
bands and in the unpaired 1390-1392 MHz, 1670-1675 MHz, and the 2385-
2390 MHz bands. Require licensees to demonstrate that they are 
providing substantial service when they file their renewal application.
     Allow licensees in the paired 1392-1395 MHz and 1432-1435 
MHz bands and in the unpaired 1390-1392 MHz, 1670-1675 MHz, and the 
2385-2390 MHz bands to partition and/or disaggregate their licenses.

[[Page 41849]]

     Apply the general competitive bidding rules set forth in 
part 1, subpart Q, of the Commission's Rules to the paired 1392-1395 
and 1432-1435 MHz bands and in the unpaired 1390-1392 MHz, 1670-1675 
MHz, and the 2385-2390 MHz bands. Adopt small business size standards 
for these bands, but decline to adopt a public safety bidding credit.
     Require non-Government users to file an application on the 
Universal Licensing System (ULS) requesting Frequency Assignment 
Subcommittee (FAS) coordination of fixed sites and mobile operations 
within the protection radii of co-primary Government incumbents. We 
specify that geographic area licensees are responsible for determining 
whether a particular operation requires FAS approval. We also clarify 
that a licensee may request coordination of multiple fixed and mobile 
stations via a single application. Finally, we indicate that users of 
the Low Power Radio Services (LPRS) are not required to coordinate with 
FAS.
     Hold that radioastronomy, radiosondes, and the Earth 
Exploration Satellite Service operations will be protected by out-of-
band emission limits.
     Establish coordination procedures for licensees in the 
2385-2390 MHz band operating near non-Government aeronautical flight-
test telemetry sites and interim coordination procedures for 
terrestrial licenses along the Canadian and Mexican borders.
     Implement the band ``flip'' portion of the AHA-Itron Joint 
Agreement and switch the primary allocation between Wireless Medical 
Telemetry Service (WMTS) in the 1427-1429.5 MHz band and Telemetry in 
the 1429.5-1432 MHz band, in seven defined geographic areas.
     Limit the field strength telemetry in the 1427-1432 MHz 
band may radiate--into the WMTS portion of the band--to a measured or 
predicted field strength of 150 uV/m at the site of any WMTS operation.
     Limit the field strength that facilities in the 1392-1395 
MHz band may radiate--into the WMTS band at 1395-1400 MHz--to a 
measured or predicted field strength of 150 uV/m at the site of any 
WMTS operation.

I. Final Regulatory Flexibility Analysis

    3. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice 
of Proposed Rule Making 67 FR 7113, February 15, 2002, (Service Rules 
Notice). The Commission sought written public comment on the proposals 
in the Service Rules Notice, including comment on the IRFA. The 
comments received are discussed further. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Report and Order

    4. In this Report and Order, we adopt rules for the licensing and 
operation of fixed and mobile services in the 216-220 MHz, 1390-1395 
MHz, 1427-1429.5 MHz, 1429.5-1432 MHz, 1432-1435 MHz, 1670-1675 MHz and 
2385-2390 MHz bands, pursuant to the provisions of the Communications 
Act of 1934, as amended, the Omnibus Budget Reconciliation Act of 1993 
(OBRA-93), and the Balanced Budget Act of 1997 (BBA-97). These seven 
frequency 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 rules adopted herein 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.
    5. The Report and Order also establishes competitive bidding rules 
and small business definitions for the unpaired 1390-1392 MHz, 1670-
1675 MHz, and 2385-2390 MHz bands, and the paired 1392-1395 MHz and 
1432-1435 MHz bands similar to those applied to the WCS 2.3 GHz band 
and the 700 MHz Guard Bands. Consistent with the Commission's 
responsibility under Section 309(j) to promote opportunities for, and 
disseminate licenses to, a wide variety of applicants, the Report and 
Order adopts small business size standards and bidding preferences for 
qualifying bidders that will provide such bidders with opportunities to 
compete successfully against large, well-financed entities. 
Specifically, with respect to the aforementioned bands, we will define 
a ``small business'' as any entity with average annual gross revenues 
for the three preceding years not exceeding $40 million, and a ``very 
small business'' as any entity with average annual gross revenues for 
the three preceding years not exceeding $15 million. Correspondingly, 
we will adopt a bidding credit of 15 percent for ``small businesses'' 
and a bidding credit of 25 percent for ``very small businesses.'' This 
bidding credit structure is consistent with our standard schedule of 
bidding credits, which may be found at Sec. 1.2110(f)(2) of the 
Commission's rules. All of the commenters addressing this issue support 
our proposal to adopt the two small business size standards that the 
Commission adopted for the WCS 2.3 GHz band and the 700 MHz Guard 
Bands. As we noted in the Service Rules Notice, the capital 
requirements and characteristics of the services proposed in the 
aforementioned bands are comparable to those found in the WCS 2.3 GHz 
band and 700 MHz Guard Bands. Consequently, as with the WCS 2.3 GHz 
band and 700 MHz Guard Bands, we believe that these two size standards 
will provide a variety of businesses with the opportunity to 
participate in the auction of licenses for this spectrum and will 
afford such licensees, who may have varying capital costs, substantial 
flexibility for the provision of services. The Commission has long 
recognized that bidding preferences for qualifying bidders provides 
such bidders with an opportunity to compete successfully against large, 
well-financed entities. The Commission also has found that the use of 
tiered or graduated small business definitions is useful in furthering 
our mandate under Section 309(j) to promote opportunities for and 
disseminate licenses to a wide variety of applicants.

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

    6. Although no comments were submitted specifically in response to 
the IRFA, some commenters expressed concern with our proposals to 
license new services on a wide geographic area basis. For example, the 
National Telecommunications Cooperative Association (NTCA) and the 
Rural Telecommunications Group (RTG) support smaller geographic area 
licensing, rather than the use of nationwide or very large economic 
areas, in order to promote smaller carriers and rural 
telecommunications development. We have considered the effect of these 
rule changes on small entities and considered other alternatives. We 
expect, however, that our actions will benefit all entities subject to 
these rule changes, including small entities.
    7. The policies and rules adopted in this Report and Order affect 
all small entities that seek to acquire licenses in the unpaired 1390-
1392 MHz, 1670-1675 MHz, and 2385-2390 MHz bands, and the paired 1392-
1395 MHz and 1432-1435 MHz bands. As noted above, the Commission has 
adopted small

[[Page 41850]]

business size standards that define a ``small business'' as any entity 
with average annual gross revenues for the three preceding years not 
exceeding $40 million and a ``very small business'' as any entity with 
average annual gross revenues for the three preceding years not 
exceeding $15 million. The Small Business Administration (SBA) has 
approved these small business size standards for the aforementioned 
bands. However, the Commission cannot know until the auction begins how 
many entities will seek small or very small business status. The 
Commission will allow partitioning and disaggregation, yet it cannot 
determine in advance how many licensees will partition their license 
areas or disaggregate their spectrum blocks. In view of our lack of 
knowledge of these factors, it is therefore assumed that, for purposes 
of our evaluations and conclusions in the FRFA, all of the prospective 
licenses are small entities, as that term is defined by the SBA or the 
Commission's small business definitions for these bands.

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

    8. 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 business concern'' 
under Section 3 of the Small Business Act. A small business concern is 
one which: (1) Is independently owned and operated; (2) is not dominant 
in its field of operation; and (3) satisfies any additional criteria 
established by the SBA. Nationwide, as of 1992, there were 
approximately 275,801 small organizations. ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' As of 1992, there were 
approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or ninety-six percent, have populations of fewer than 50,000. The 
Census Bureau estimates that this ratio is approximately accurate for 
all governmental entities. Thus, of the 85,006 governmental entities, 
we estimate that 81,600 (ninety-one percent) are small entities.
    9. Wireless Service Providers. The SBA has developed a definition 
for small business within the two separate categories of (1) Cellular 
and (2) Other Wireless Telecommunications or Paging. Under that SBA 
definition, such a business is small if it has 1,500 or fewer 
employees. According to the Commission's Telephone Trends Report data, 
1,495 companies reported that they were engaged in the provision of 
wireless service. Of these 1,495 companies, 989 reported that they have 
1,500 or fewer employees and 506 reported that, alone or in combination 
with affiliates, they have more than 1,500 employees. We do not have 
data specifying the number of these carriers that are not independently 
owned and operated, and thus are unable at this time to estimate with 
greater precision the number of wireless service providers that would 
qualify as small business concerns under the SBA's definition. 
Consequently, we estimate that there are 989 or fewer small wireless 
service providers that may be affected by the rules. Below, we further 
describe and estimate the number of small entity licensees and 
regulatees that may be affected by the rules adopted herein. Except as 
noted, these services are associated with the above SBA small business 
size standard.
    10. With respect to the 1390-1392 MHz band, the Commission will 
award a single 2 MHz license in each of fifty-two Major Economic Areas 
(MEAs). For the 1670-1675 MHz, and 2385-2390 MHz bands, the Commission 
will award a single nationwide license in each band. For the paired 
1392-1395 MHz and 1432-1435 MHz bands, the Commission will award a pair 
of 1.5 MHz licenses in each of six Economic Area Groupings (EAGs). For 
the 1432-1435 MHz band, the Commission will award licenses on a site 
by-site basis. The Commission does not yet know how many applicants or 
licensees in any of these bands will be small entities.
    11. Existing services in other bands include entities that might be 
affected by the rules, either as existing licensees or potential 
applicants or licensees. Incumbent services in the 1427-1429.5 MHz and 
1429.5-1432 MHz bands include wireless medical telemetry (WMTS) and 
general telemetry.
    12. Telemetry. 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, 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.
    13. WMTS. Users of medical telemetry are hospitals and medical care 
facilities, some of which are likely to be small businesses. The broad 
category of ``Hospitals'' consists of the following categories and the 
following small business providers with Annual Receipts of $29 million 
or less: ``General Medical and Surgical Hospitals,'' ``Psychiatric and 
Substance Abuse Hospitals,'' and ``Specialty Hospitals.'' For all these 
health care providers, census data indicate that there is a combined 
total of 330 firms that operated in 1997, of which 237 or fewer had 
revenues of less than $25 million. An additional 45 firms had annual 
receipts of $25 million to $49.99 million. We therefore estimate that 
most Hospitals are small, given SBA's size categories.
    14. The broad category of ``Nursing and Residential Care 
Facilities'' consists of the following categories and the following 
small business size standards. The category of ``Nursing and 
Residential Care Facilities with Annual Receipts of $6 million or less' 
consists of: Residential Mental Health and Substance Abuse Facilities, 
Homes for the Elderly, and Other Residential Care Facilities. The 
category of ``Nursing and Residential Care Facilities with Annual 
Receipts of $8.5 million or less' consists of Residential Mental 
Retardation Facilities. The category of ``Nursing and Residential Care 
Facilities with Annual Receipts of less than $11.5 million'' consists 
of: Nursing Care Facilities and Continuing Care Retirement Communities. 
For all of these health care providers, census data indicate that there 
is a combined total of 18,011 firms that operated in 1997. Of these, 
16,165 or fewer firms had annual receipts of below $5 million. In 
addition, 1,205 firms had annual receipts of $5 million to $9.99 
million, and 450 firms had receipts of $10 million to $24.99 million. 
We therefore estimate that a great majority of Nursing and Residential 
Care Facilities are small, given SBA's size categories.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    15. Applicants for licenses to provide terrestrial fixed and mobile 
services in the paired 1392-1395 MHz and 1432-1435 MHz bands, and the 
unpaired 1390-1392 MHz, 1670-1675 MHz, and

[[Page 41851]]

2385-2390 MHz bands 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, FCC Ownership Disclosure Information for the 
Wireless Telecommunications Services using FCC Form 602, 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 (1) require submission of an Environmental Assessment 
under Sec. 1.1307 of our Rules; (2) require international coordination; 
(3) would operate in the quiet zones listed in Sec. 1.924 of our Rules; 
or (4) require coordination with the Frequency Assignment Subcommittee 
(FAS) of the Interdepartment Radio Advisory Committee (IRAC).

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

    16. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    17. Regarding our decision to apply generally our part 27 rules to 
the unpaired 1390-1392 MHz, 1670-1675 MHz, and 2385-2390 MHz bands, and 
to the paired 1392-1395 MHz and 1432-1435 MHz bands, we do not 
anticipate any adverse impact on small entities. The flexibility 
afforded by part 27 of our rules should benefit large and small 
entities alike, because licensees will be in a stronger position to 
meet changes in demand for services. Under this approach, all licensees 
will have the freedom to determine the services to be offered and the 
technologies to be used in providing those services. An alternative to 
this decision would have been to determine specific allowable services 
in each frequency band and apply the applicable rule part to the 
licensing of such services. This approach, however, would be 
unsatisfactory because it is too restrictive, and in any event, it is 
unclear that this would benefit small entities more than the flexible 
licensing approach we have decided upon today.
    18. Regarding our decision to license the unpaired 1390-1392 MHz, 
1670-1675 MHz, and 2385-2390 MHz bands and the paired 1392-1395 MHz and 
1432-1435 MHz bands by geographic area, we anticipate that, on balance 
small entities will benefit from this licensing approach. A geographic 
licensing approach in these bands is consistent with the Commission's 
overall spectrum management goals in that it allows licensees to 
quickly respond to market demand. Small entities that acquire spectrum 
licensed on a geographic area basis, will benefit from such 
flexibility. Moreover, we have attempted to strike a balance here by 
using varying sizes of geographic areas. For example, small entities 
may be more interested in spectrum licensed by smaller geographic areas 
rather than in spectrum licensed on a nationwide basis. Consequently, 
we have decided to license the 1390-1392 MHz band using fifty-two MEAs, 
and license the paired 1392-1395 MHz and 1432-1435 MHz bands using six 
EAGs. Combined with our decision to employ flexible use licensing, 
which includes band manager licensing (see discussion below), small 
entities should be able to acquire spectrum that fits their individual 
needs. An alternative to our decision to use geographic areas to 
license the subject frequency bands would have been to employ a site-
by-site licensing approach. Site-by-site licensing, however, would be 
an inefficient licensing method for the unpaired 1390-1392 MHz, 1670-
1675 MHz, and 2385-2390 MHz bands and the paired 1392-1395 MHz and 
1432-1435 MHz bands, because it would cause a greater strain on 
Commission resources and have less flexibility for licensees.
    19. Regarding our decision to license secondary telemetry in the 
217-220 MHz and 1427-1429.5 MHz bands and primary telemetry in the 
1429.5-1432 MHz band on a site-by-site basis, we anticipate no adverse 
impact on small entities. In fact, our approach here is particularly 
beneficial for small entities that have more localized spectrum needs, 
because such entities can apply for just the site that is needed for 
their communications systems. An alternative to this approach would 
have been to license telemetry in these bands on a geographic area 
basis. This is unsatisfactory, however, because, inter alia, of 
potential harmful interference issues that a geographic overlay would 
entail.
    20. Regarding our decision to license the 1390-1392 MHz band using 
a single 2 MHz block in each MEA, we do not anticipate any adverse 
impact on small entities. Our approach here provides maximum 
flexibility for both small and large entities to offer a wide range of 
communications services. In addition, in those cases in which less than 
2 MHz is required, band managers would be able to coordinate spectrum 
under their control so as to maximize its use. An alternative to this 
decision would have been to divide the spectrum available in the 1390-
1392 MHz band into two or more blocks. While this might promote 
diversity, it makes more sense to license this band using a single 2 
MHz spectrum block in order to allow both small and large entities the 
opportunity to offer a wider range of services and to quickly meet 
changes in market demand.
    21. Regarding our decision to license the paired 1392-1395 MHz and 
1432-1435 MHz bands using two pairs of 1.5 MHz spectrum blocks, we do 
not anticipate any adverse impact to small entities. Our approach here 
promotes competition by allowing more than one licensee in each market 
and thus offers a greater opportunity for small entities to acquire 
spectrum. An alternative to this approach would have been to license 
these bands using a single pair of 3 MHz spectrum blocks. This 
approach, however, is less desirable than the one we adopt today 
because of the competition and diversity benefits realized by dividing 
the spectrum into two blocks.
    22. Regarding our decision to adopt the AHA-Itron Joint Agreement's 
band flip proposal, we do not anticipate any adverse impact to small 
entities. Our implementation of this private agreement should benefit 
small and large entities by allowing telemetry and WMTS to operate 
where such services are needed the most. An alternative to this 
approach would have been to keep telemetry primary only in the 1429.5-
1432 MHz band and WMTS primary only in the 1427-1429.5 MHz band. 
However, allowing telemetry and WMTS to operate in the seven geographic 
``carve-out'' areas in each other's primary allocation, allows greater 
flexibility in operations while avoiding harmful interference. The 
geographic ``carve-out'' areas refer to those service areas 
specifically designated in the AHA-Itron Joint Agreement where 
telemetry may operate on a primary basis in the 1427-1429 MHz band and 
1431.5-1432 MHz band; and where WMTS may operate on a primary basis in 
the 1429-1431.5 MHz band.
    23. Regarding our decision to license the 1670-1675 MHz band using 
a single 5 MHz spectrum block, we do not

[[Page 41852]]

believe that there will be any adverse impact on small entities. 
Although dividing this spectrum into two or more blocks might offer 
more opportunities for small entities to compete for a license, we 
agree with the commenters that a single 5 MHz spectrum block will 
promote the development of new technologies and services and therefore, 
promotes the public interest.
    24. Regarding our decision to license the 2385-2390 MHz band using 
a single 5 MHz spectrum block, we do not believe that there will be any 
adverse impact on small entities. Although dividing this spectrum into 
two or more blocks might offer more opportunities for small entities to 
compete for a license, this is outweighed by the benefits that a larger 
spectrum block provides in terms of flexibility. In addition, we note 
that no commenters, including small entities, proposed an alternate 
spectrum block size for this frequency band.
    25. Regarding our decision to employ a flexible use licensing 
scheme for the unpaired 1390-1392 MHz, 1670-1675 MHz, and 2385-2390 MHz 
bands and the paired 1392-1394 MHz and 1432-1435 MHz bands (see paras. 
38-39, supra) we do not anticipate any adverse impact on small 
entities. In fact, this approach should generally provide small 
entities with greater opportunities to acquire spectrum specifically 
tailored for their needs. For example, through a band manager licensee, 
small entities can obtain spectrum rights that are suited for 
operations of a local nature, rather than obtaining an entire 
geographic area that would result in less efficient spectrum use. An 
alternative to this approach would have been to prohibit band managers 
from being licensed in these frequency bands. We find that this would 
be unsatisfactory, however, because the results would have been less 
efficient spectrum markets and less spectrum access for small entities.
    26. Regarding our decision to require a showing of ``substantial 
service'' at license renewal time, (see paras. 72-73, supra) we do not 
anticipate any adverse impact on small entities. An alternative would 
have been to adopt a ``minimal coverage'' requirement. We believe, 
however, that the substantial service standard is better because it 
will provide both small and large entities the flexibility to determine 
how to best implement their business plans based on actual service to 
end users.
    27. Regarding our decision to allow licensees in the unpaired 1390-
1392 MHz, 1670-1675 MHz, and 2385-2390 MHz bands and the paired 1392-
1395 MHz and 1432-1435 MHz bands to partition and/or disaggregate their 
spectrum, (see paras. 80-83, supra) we do not anticipate any adverse 
impact on small entities. In fact, allowing licensees to partition/
disaggregate their licensed spectrum should improve opportunities for 
small entities to acquire spectrum for their particular needs. An 
alternative to this approach would have been to prohibit partitioning/
disaggregation, but we received no comments proposing such a 
prohibition.
    28. Regarding our decision to require frequency coordination for 
primary and secondary telemetry operations in the 217-220 MHz, 1427-
1429.5 MHz and 1429.5-1432 MHz bands (see paras. 88-98, supra) we do 
not anticipate any adverse impact on small entities. Although there are 
certain costs associated with filing an application through an FCC-
certified frequency coordinator, on balance, the benefits of frequency 
coordination, especially the avoidance of harmful interference, 
outweigh any costs. An alternative to this approach would have been to 
not require frequency coordination, but this is unacceptable because of 
high congestion, primary incumbent operations that must be protected, 
and the fact that licensees in these bands must share frequencies.

II. Ordering Clause

    1. Pursuant to Sections 1, 4(i), 301, 302, 303(f) and (r), 309(j) 
and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 1, 
154(i), 301, 302, 303(f) and (r), 309(j) and 332, this Report and Order 
is adopted.
    2. Parts 1, 2, 27, 90, and 95 of the Commission's Rules are amended 
as specified in Appendix E, effective 60 days after publication in the 
Federal Register. Information collections contained in Secs. 27.106 and 
90.176 will be effective upon OMB approval.
    3. The Petition for Rulemaking filed by Data Flow Systems, is 
granted, in part, and denied in part as described herein.
    4. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this report and 
order, including the Final 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.

47 CFR Part 27

    Communications common carriers, Radio.

47 CFR Part 87

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

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.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2, 27, 87, 
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(f) is revised to read as follows:


Sec. 1.924  Quiet zones.

* * * * *
    (f) GOES. The requirements of this paragraph are intended to 
minimize harmful interference to Geostationary Operational 
Environmental Satellite earth stations receiving in the band 1670-1675 
MHz, which are located at Wallops Island, Virginia; 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) 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

[[Page 41853]]

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) Protection. (i) Wallops Island and Fairbanks. Licensees are 
required to protect the Wallops Island and Fairbanks sites at all 
times.
    (ii) Greenbelt. Licensees are required to protect the Greenbelt 
site only when it is active. Licensees should coordinate appropriate 
procedures directly with NOAA for receiving notification of times when 
this site is active.
    (3) When an application for authority to operate a station is filed 
with the FCC, the notification required in paragraph (f)(1) of this 
section should be sent at the same time. The application must state the 
date that notification in accordance with paragraph (f)(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.
    (4) 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.
* * * * *

    3. Section 1.1307(b)(1) is amended by revising the entry of 
``Wireless Communications Service (part 27)'' to read as follows:


Sec. 1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assignments (EAs) must be prepared.

* * * * *
    (b) * * *

  Table 1.--Transmitters, Facilities and Operations Subject to Routine
                        Environmental Evaluation
------------------------------------------------------------------------
    Service (Title 47 CFR Rule Part)       Evaluation required if . . .
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Wireless Communications Service (Part    (1) For the 1390-1392 MHz, 1392-
 27).                                     1395 MHz, 1432-1435 MHz 1670-
                                          1675 MHz and 2385-2390 MHz
                                          bands:
                                         Non-building-mounted antennas:
                                          height above ground level to
                                          lowest point of antenna 10m
                                          and total power of all
                                          channels > 2000 W ERP (3280 W
                                          EIRP).
                                         Building-mounted antennas:
                                          total power of all channels
                                          >2000 W ERP (3280 W EIRP).
                                         (2) For the 746-764 MHz, 776-
                                          794 MHz, 2305-2320 MHz, and
                                          2345-2360 MHz bands.
                                         Total power of all channels
                                          >1000 W ERP (1640 W EIRP).
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

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

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

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


    5. In Sec. 2.106 in the Table of Frequency Allocations, footnotes 
US74, US350 and US362 are revised to read as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * * * *

UNITED STATES (US) FOOTNOTES

* * * * * * *
    US74 In the bands 25.55-25.67, 73.0-74.6, 406.1-
410.0, 608-614, 1400-1427, 1660.5-1670.0, 2690-2700 and 4990-5000 
MHz and in the bands 10.68-10.7, 15.35-15.4, 23.6-24.0, 31.3-31.5, 
86-92, 105-116 and 217-231 GHz, the radio astronomy service shall be 
protected from extraband radiation only to the extent that such 
radiation exceeds the level which would be present if the offending 
station were operating in compliance with the technical standards or 
criteria applicable to the service in which it operates. Radio 
astronomy observations in these bands are performed at the locations 
listed in US311.
* * * * * * *
    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 band 1427-1432 MHz are described 
further:

------------------------------------------------------------------------
Location  (see  90.259(b)(4) and
 95.630(b) of this chapter for a     1427-1429 MHz      1429-1431.5 MHz
      detailed description)         1431.5-1432 MHz
------------------------------------------------------------------------
Austin/Georgetown, Texas........  Non-Government      Government and non-
Battle Creek, Michigan..........   land mobile         Government land
Detroit, Michigan...............   service is          mobile service is
Pittsburgh, Pennsylvania........   limited to          limited to
Richmond/Norfolk, Virginia......   telemetry and       medical telemetry
Spokane, Washington.............   telecommand         and telecommand
                                   operations.         operations.
Washington, DC metropolitan area  ..................  Non-Government
                                                       telemetry and
                                                       telecommand use
                                                       is permitted on a
                                                       secondary basis.

[[Page 41854]]

 
Rest of U.S.....................  Government and non- Non-Government
                                   Government land     land mobile
                                   mobile service is   service is
                                   limited to          limited to
                                   medical telemetry   telemetry and
                                   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

    6. 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.


    7. Section 27.1 is amended by adding paragraphs (b)(4) through 
(b)(7) to read as follows:


Sec. 27.1  Basis and purpose.

* * * * *
    (b) * * *
    (4) 1390-1392 MHz.
    (5) 1392-1395 MHz and 1432-1435 MHz.
    (6) 1670-1675 MHz.
    (7) 2385-2390 MHz.
    8. Section 27.4 is amended by revising the definition of 
``Affiliate'' and by adding a definition in alphabetical order to read 
as follows:


Sec. 27.4  Terms and definitions.

* * * * *
    Affiliate. This term shall have the same meaning as that for 
``affiliate'' in part 1, Sec. 1.2110(b)(5) of this chapter.
* * * * *
    Band Manager. The term Band Manager refers to a licensee 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 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 
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.
* * * * *
    9. Section 27.5 is amended by adding paragraphs (d) through (g) to 
read as follows:


Sec. 27.5  Frequencies.

* * * * *
    (d) 1390-1392 MHz band. The 1390-1392 MHz band is available for 
assignment on a Major Economic Area basis.
    (e) The paired 1392-1395 and 1432-1435 MHz bands. The paired 1392-
1395 MHz and 1432-1435 MHz bands are available for assignment on an 
Economic Area Grouping basis as follows: Block A: 1392-1393.5 MHz and 
1432-1433.5 MHz; and Block B: 1393.5-1395 MHz and 1433.5-1435 MHz.
    (f) 1670-1675 MHz band. The 1670-1675 MHz band is available for 
assignment on a nationwide basis.
    (g) 2385-2390 MHz band. The 2385-2390 MHz band is available for 
assignment on a nationwide basis.

    10. Section 27.6 is amended by adding paragraphs (d) through (g) to 
read as follows:


Sec. 27.6  Service areas.

* * * * *
    (d) 1390-1392 MHz band. Service areas for the 1390-1392 MHz band is 
based on Major Economic Areas (MEAs), as defined in paragraphs (a)(1) 
and (a)(2) of this section.
    (e) The paired 1392-1395 and 1432-1435 MHz bands. Service areas for 
the paired 1392-1395 and 1432-1435 MHz bands are as follows. Service 
areas for Block A in the 1392-1393.5 MHz and 1432-1433.5 MHz bands and 
Block B in the 1393.5-1395 MHz and 1433.5-1435 MHz bands are based on 
Economic Area Groupings (EAGs) as defined in paragraph (b)(2) of this 
section.
    (f) 1670-1675 MHz band. Service areas for the 1670-1675 MHz band 
are available on a nationwide basis.
    (g) 2385-2390 MHz band. Service areas for the 2385-2390 MHz band 
are available on a nationwide basis.

    11. Section 27.10 is amended by revising the introductory text to 
read as follows:


Sec. 27.10  Regulatory status.

    Except with respect to Band Manager licenses and Guard Band Manager 
licenses, which are subject to subpart G of this part, the following 
rules apply concerning the regulatory status of licensees in the 
frequency bands specified in Sec. 27.5.
* * * * *

    12. Section 27.11 is amended by adding paragraphs (e) through (h) 
to read as follows:


Sec. 27.11  Initial authorization.

* * * * *
    (e) 1390-1392 MHz band. Initial authorizations for the 1390-1392 
MHz band shall be for 2 megahertz of spectrum in accordance with 
Sec. 27.5(c). Authorizations will be based on Major Economic Areas 
(MEAs), as specified in Sec. 27.6(c).
    (f) The paired 1392-1395 MHz and 1432-1435 MHz bands. Initial 
authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands 
shall be for 3 megahertz of paired spectrum in accordance with 
Sec. 27.5(d). Authorization for Blocks A and B will be based on 
Economic Areas Groupings (EAGs), as specified in Sec. 27.6(d).
    (g) 1670-1675 MHz band. Initial authorizations for the 1670-1675 
MHz band shall be for 5 megahertz of spectrum in accordance with 
Sec. 27.5(e). Authorizations will be on a nationwide basis.
    (h) 2385-2390 MHz band. Initial authorizations for the 2385-2390 
MHz band shall be for 5 megahertz of spectrum in accordance with 
Sec. 27.5(f). Authorizations will be on a nationwide basis.

    13. Section 27.12 is revised to read as follows:

[[Page 41855]]

Sec. 27.12  Eligibility.

    (a) Except as provided in Sec. 27.604, any entity other than those 
precluded by section 310 of the Communications Act of 1934, as amended, 
47 U.S.C. 310, is eligible to hold a license under this part.
    (b) Band Manager licenses. For the 1392-1395 MHz, 1670-1675 MHz, 
and 2385-2390 MHz bands and the paired 1392-1395 MHz and 1432-1435 MHz 
bands, applicants applying for an initial license may elect to operate 
as a Band Manager, subject to the rules governing Guard Band Managers 
under subpart G of part 27, provided however, that the following rules 
do not apply to Band Managers:
    (1) The prohibition in Secs. 27.601(a) and (b) against employing a 
cellular system architecture;
    (2) The requirement in Sec. 27.601(d)(1) to notify Public Safety 
frequency coordinators;
    (3) The requirement in Sec. 27.603(c) to lease the predominant 
amount of its spectrum to non-affiliates;
    (4) The prohibition in Sec. 27.604 against a single applicant 
becoming the winning bidder of both blocks A and B in a single 
geographic service area; and
    (5) The requirement in Sec. 27.605 that any entity that acquires a 
portion of a Guard Band Manager's spectrum or geographic area through 
partitioning or disaggregation must also act as a band manager.

    14. Section 27.13 is amended by adding paragraphs (c) through (f) 
to read as follows:


Sec. 27.13  License period.

* * * * *
    (c) 1390-1392 MHz band. Initial authorizations for the 1390-1392 
MHz band will have a term not to exceed ten years from the date of 
initial issuance or renewal.
    (d) The paired 1392-1395 and 1432-1435 MHz bands. Initial WCS 
authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands 
will have a term not to exceed ten years from the date of initial 
issuance or renewal.
    (e) 1670-1675 MHz band. Initial authorizations for the 1670-1675 
MHz band will have a term not to exceed ten years from the date of 
initial issuance or renewal.
    (f) 2385-2390 MHz band. Initial authorizations for the 2385-2390 
MHz band will have a term not to exceed ten years from the date of 
initial issuance or renewal.

    15. Section 27.50 is amended by redesignating paragraph (d) as 
paragraph (g) and by adding new paragraphs (d), (e), and (f) to read as 
follows:


Sec. 27.50  Power and antenna height limits.

* * * * *
    (d) The following power limits apply to the paired 1392-1395 MHz 
and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 
GHz band):
    (1) Fixed stations transmitting in the 1390-1392 MHz and 1432-1435 
MHz bands are limited to 2000 watts EIRP peak power. Fixed stations 
transmitting in the 1392-1395 MHz band are limited to 100 watts EIRP 
peak power.
    (2) Mobile stations transmitting in the 1390-1392 MHz and 1432-1435 
MHz bands are limited to 4 watts EIRP peak power. Mobile stations 
transmitting in the1392-1395 MHz band are limited to 1 watt EIRP peak 
power.
    (e) The following power limits apply to the 1670-1675 MHz band:
    (1) Fixed and base stations are limited to 2000 watts EIRP peak 
power.
    (2) Mobile stations are limited to 4 watts EIRP peak power.
    (f) The following power limits apply to the 2385-2390 MHz band:
    (1) Fixed and base stations are limited to 2000 watts EIRP peak 
power.
    (2) Mobile and aeronautical mobile stations are limited to 4 watts 
EIRP peak power.
* * * * *

    16. Section 27.53 is amended by adding paragraphs (h) through (k) 
to read as follows:


Sec. 27.53  Emission limits.

* * * * *
    (h) For operations in the unpaired 1390-1392 MHz band and the 
paired 1392-1395 MHz and 1432-1435 MHz bands, the power of any emission 
outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) by at least 43 + 10 log (P) 
dB. Compliance with these provisions is based on the procedures 
described in paragraph (a)(4) of this section.
    (i) For operations in the 1670-1675 MHz band, the power of any 
emission outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) by at least 43 + 10 log (P) 
dB. Compliance with these provisions is based on the procedures 
described in paragraph (a)(4) of this section.
    (j) For operations in the 2385-2390 MHz band, the power of any 
emission outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) by at least 43 + 10 log (P) 
dB. Compliance with these provisions is based on the procedures 
described in paragraph (a)(4) of this section.
    (k) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.

    17. Section 27.55(a) is amended by adding paragraph (a)(3) to read 
as follows:


Sec. 27.55  Field strength limits.

* * * * *
    (a) * * *
    (3) The paired 1392-1395 MHz and 1432-1435 MHz bands and the 
unpaired 1390-1392 MHz band (1.4 GHz band): 47 dBuV/m.
* * * * *

    18. Subpart I is added to read as follows:

Subpart I--1.4 GHz Band


Sec. 27.801  Scope.

    This subpart sets out the regulations governing service in the 
paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 
1390-1392 MHz band (1.4 GHz band).


Sec. 27.802  Permissible communications.

    Licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and 
unpaired 1390-1392 MHz band are authorized to provide fixed or mobile 
service, except aeronautical mobile service, subject to the technical 
requirements of this subpart.


Sec. 27.803  Coordination requirements.

    (a) Licensees in the 1.4 GHz band will be issued geographic area 
licenses in accordance with the service areas listed in Sec. 27.6(d) 
and (e).
    (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 of this chapter.
    (ii) Licensees in the 1432-1435 MHz band must receive FAS approval, 
prior

[[Page 41856]]

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 licensee in the 1.4 GHz 
Band 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 application required in paragraph (b) of this chapter must 
be filed on the Universal Licensing System.


Sec. 27.804  Field Strength Limits at WMTS Facility.

    For any operation in the 1392-1395 MHz band, the predicted or 
measured field strength--into the WMTS band at 1395-1400 MHz--shall not 
exceed 150 uV/m at the location of any registered WMTS healthcare 
facility. When performing measurements to determine compliance with 
this provision, measurement instrumentation employing an average 
detector and a resolution bandwidth of 1 MHz may be used, provided it 
accurately represents the true interference potential of the equipment.


Sec. 27.805  Geographic partitioning and spectrum disaggregation.

    An entity that acquires a portion of a 1.4 GHz band 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 band licensee and is subject to the obligations and 
restrictions on the 1.4 GHz band license as set forth in this subpart.


Sec. 27.806 1.4  GHz Service licenses subject to competitive bidding.

    Mutually exclusive initial applications for 1.4 GHz Band licenses 
in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the 
unpaired 1390-1392 MHz band 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 subpart.


Sec. 27.807  Designated entities.

    (a) Eligibility for small business provisions for 1.4 GHz band 
licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands and the 
unpaired 1390-1392 MHz band.
    (1) A very 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) A small business 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 very 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 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)(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) Bidding credits. 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)(ii) 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)(iii) of this chapter.

    19. Subpart J is added to read as follows:

Subpart J--1670-1675 MHz Band


Sec. 27.901  Scope.

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


Sec. 27.902  Permissible communications.

    Licensees in the 1670-1675 MHz band 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) The licensee in the 1670-1675 MHz band will be issued a 
geographic area license on a nationwide basis in accordance with 
Sec. 27.6(f).
    (b) Licensees in the 1670-1675 MHz band 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 under part 1, 
Sec. 1.924 of this chapter.
    (c) The application 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 band 
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 the 1670-1675 MHz Band 
license 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 subpart.


Sec. 27.906  Designated entities.

    (a) Eligibility for small business provisions.
    (1) A very 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) A small business 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 very 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 small 
businesses is a conglomerate organization formed as a joint venture 
between or among mutually

[[Page 41857]]

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) Bidding credits. 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)(ii) 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)(iii) of this chapter.

    20. Subpart K is added to read as follows:

Subpart K--2385-2390 MHz Band.


Sec. 27.1001  Scope.

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


Sec. 27.1002  Permissible communications.

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


Sec. 27.1003  Coordination requirements.

    (a) The licensee in the 2385-2390 MHz band will be issued a 
geographic area license on a nationwide basis in accordance with 
Sec. 27.6(g).
    (b) The licensee in the 2385-2390 MHz Band 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). The 
Licensee in the 2385-2390 MHz Band 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.
    (c) The licensee in the 2385-2390 MHz Band must file a separate 
station application with the Commission and obtain an individual 
station license prior to construction or operation of any station that 
would require approval of the Aeronautical Flight Test Radio 
Coordinating Council (AFTRCC). Any fixed sites or mobile units within 
the protection radii of the non-Government flight test operations 
listed in footnote US363 of Sec. 2.106 of this chapter will require 
AFTRCC approval. The licensee in the 2385-2390 MHz Band must receive 
AFTRCC approval prior to filing an application and the application must 
contain a showing of AFTRCC approval.
    (d) 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.
    (e) It is the licensee's responsibility to determine whether a 
referral to the Commission is needed for any individual station 
constructed.
    (f) The application required in paragraphs (b) and (c) 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 2385-2390 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 the 2385-2390 MHz Band 
license 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 subpart.


Sec. 27.1006  Designated entities.

    (a) Eligibility for small business provisions.
    (1) A very 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) A small business 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 very 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 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)(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) Bidding credits. 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)(ii) 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)(iii) of this chapter.

PART 87--AVIATION SERVICES

    21. The authority citation for part 87 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303 and 307(e) unless otherwise noted.


    22. Section 87.173(b), in the Frequency table, is amended by adding 
an entry in numerical order to read as follows:


Sec. 87.173  Frequencies.

* * * * *
    (b) * * *

[[Page 41858]]



----------------------------------------------------------------------------------------------------------------
      Frequency or frequency band              Subpart            Class of station               Remarks
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
2310-2390 MHz \3\.....................  J                     MA,FAT..................  Aeronautical telemetry
                                                                                         and telecommand
                                                                                         operations.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
\3\ All operation in the 2385-2390 MHz portion of the 2310-2390 MHz band are secondary to WCS operations in
  accordance with subpart K of Part 27 except at the locations listed in footnote US363 of Sec.  2.106.
  Operations at the locations listed in footnote US363 of Sec.  2.106 will remain primary until January 1, 2007.
  After January 1, 2007, all operations in the 2385-2390 MHz portion of the 2310-2390 MHz band will be secondary
  to WCS operations in accordance with subpart K of part 27 of this chapter.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    23. 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).


    24. Section 90.20(c)(3), Public Safety Pool Frequency Table, is 
amended removing frequency 1427 to 1435 and by adding one new entry in 
numerical order to read as follows:


Sec. 90.20  Public Safety Pool.

* * * * *
    (c) * * *
    (3) Frequencies.

                                       Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
           Frequency or band                 Class of station(s)         Limitations          Coordinator
----------------------------------------------------------------------------------------------------------------
                                                    Kilohertz
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
1427 to 1432..........................  Base, mobile or operational                72
                                         fixed.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------


    25. Section 90.35(b)(3), Industrial/Business Pool Table, is amended 
by removing frequency 216 to 220 and 1427 to 1435 and by adding three 
new entries in numerical order to read as follows:


Sec. 90.35  Industrial/Business Pool.

* * * * *
    (b) * * *
    (3) * * *

                                    Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
           Frequency or band                 Class of station(s)         Limitations          Coordinator
----------------------------------------------------------------------------------------------------------------
                                                    Kilohertz
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
216 to 217............................  Base or mobile...............              55  .........................
217 to 220............................  Base, mobile, or operational               55  .........................
                                         fixed.
 
*                  *                  *                  *                  *                  *
                                                        *
1427 to 1432..........................  Base, mobile or operational
                                         fixed. 55.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------


    26. Section 90.175 is revised to read as follows:


Sec. 90.175  Frequency coordinator requirements.

    Except for applications listed in paragraph (j) of this section, 
each application for a new frequency assignment, for a change in 
existing facilities as listed in Sec. 90.135(a), or for operation at 
temporary locations in accordance with Sec. 90.137 must include a 
showing of frequency coordination as set forth further.
    (a) Frequency coordinators may request, and applicants are required 
to provide, all appropriate technical information, system requirements, 
and justification for requested station parameters when such 
information is necessary to identify and recommend

[[Page 41859]]

the most appropriate frequency. Additionally, applicants bear the 
burden of proceeding and the burden of proof in requesting the 
Commission to overturn a coordinator's recommendation.
    (b) For frequencies between 25 and 470 MHz: (1) A statement is 
required from the applicable frequency coordinator as specified in 
Secs. 90.20(c)(2) and 90.35(b) recommending the most appropriate 
frequency. In addition, if the interference contour of a proposed 
station would overlap the service contour of a station on a frequency 
formerly shared prior to radio service consolidation by licensees in 
the Manufacturers Radio Service, the Forest Products Radio Service, the 
Power Radio Service, the Petroleum Radio Service, the Motor Carrier 
Radio Service, the Railroad Radio Service or the Automobile Emergency 
Radio Service, the written concurrence of the coordinator for the 
industry-specific service, or the written concurrence of the licensee 
itself, must be obtained. Requests for concurrence must be responded to 
within 20 days of receipt of the request. The written request for 
concurrence shall advise the receiving party of the maximum 20 day 
response period. The coordinator's recommendation may include comments 
on technical factors such as power, antenna height and gain, terrain 
and other factors which may serve to minimize potential interference. 
In addition:
    (2) On frequencies designated for coordination or concurrence by a 
specific frequency coordinator as specified in Secs. 90.20(c)(3) and 
90.35(b), the applicable frequency coordinator shall provide a written 
supporting statement in instances in which coordination or concurrence 
is denied. The supporting statement shall contain sufficient detail to 
permit discernment of the technical basis for the denial of 
concurrence. Concurrence may be denied only when a grant of the 
underlying application would have a demonstrable, material, adverse 
effect on safety.
    (3) In instances in which a frequency coordinator determines that 
an applicant's requested frequency or the most appropriate frequency is 
one designated for coordination or concurrence by a specific frequency 
coordinator as specified in Secs. 90.20(c)(3) or 90.35(b), that 
frequency coordinator may forward the application directly to the 
appropriate frequency coordinator. A frequency coordinator may only 
forward an application as specified above if consent is received from 
the applicant.
    (c) For frequencies above 800 MHz: When frequencies are shared by 
more than one service, concurrence must be obtained from the other 
applicable certified coordinators.
    (d) For frequencies in the 450-470 MHz band: When used for 
secondary fixed operations, frequencies shall be assigned and 
coordinated pursuant to Sec. 90.261.
    (e) For frequencies between 470 and 512 MHz, 764-776/794-806 MHz, 
806-824/851-869 MHz, and 896-901/935-940 MHz: A recommendation of the 
specific frequencies that are available for assignment in accordance 
with the loading standards and mileage separations applicable to the 
specific radio service, frequency pool, or category of user involved is 
required from an applicable frequency coordinator.
    (f) For frequencies in the 929-930 MHz band listed in paragraph (b) 
of Sec. 90.494: A statement is required from the coordinator 
recommending the most appropriate frequency.
    (g) For frequencies between 1427-1432 MHz: A statement is required 
from the coordinator recommending the most appropriate frequency, 
operating power and area of operation in accordance with the 
requirements of Sec. 90.259(b).
    (h) Any recommendation submitted in accordance with paragraphs (a), 
(c), (d), or (e) of this section is advisory in character and is not an 
assurance that the Commission will grant a license for operation on 
that frequency. Therefore, applicants are strongly advised not to 
purchase radio equipment operating on specific frequencies until a 
valid authorization has been obtained from the Commission.
    (i) Applications for facilities near the Canadian border north of 
line A or east of line C in Alaska may require coordination with the 
Canadian government. See Sec. 1.955 of this chapter.
    (j) The following applications need not be accompanied by evidence 
of frequency coordination:
    (1) Applications for frequencies below 25 MHz.
    (2) Applications for a Federal Government frequency.
    (3) Applications for frequencies in the 72-76 MHz band except for 
mobile frequencies subject to Sec. 90.35(c)(77).
    (4) Applications for a frequency to be used for developmental 
purposes.
    (5) Applications in the Industrial/Business Pool requesting a 
frequency designated for itinerant operations, and applications 
requesting operation on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880 
MHz, and 151.940 MHz.
    (6) Applications in the Radiolocation Service.
    (7) [Reserved]
    (8) Applications for frequencies listed in the SMR tables contained 
in Secs. 90.617 and 90.619.
    (9) Applications indicating license assignments such as change in 
ownership, control or corporate structure if there is no change in 
technical parameters.
    (10) Applications for mobile stations operating in the 470-512 MHz 
band, 764-776/794-806 MHz band, or above 800 MHz if the frequency pair 
is assigned to a single system on an exclusive basis in the proposed 
area of operation.
    (11) Applications for add-on base stations in multiple licensed 
systems operating in the 470-512 MHz, 764-776/794-806 MHz band, or 
above 800 MHz if the frequency pair is assigned to a single system on 
an exclusive basis.
    (12) Applications for control stations operating below 470 MHz, 
764-776/794-806 MHz, or above 800 MHz and meeting the requirements of 
Sec. 90.119(b).
    (13) Applications for itinerant operation in the 217-220 MHz band.
    (14) Except for applications for the frequencies set forth in 
Secs. 90.719(c) and 90.720, applications for frequencies in the 220-222 
MHz band.
    (15) Applications for a state license under Sec. 90.529.
    (16) Applications for narrowband low power channels listed for 
itinerant use in Sec. 90.531(b)(4)
    23. Section 90.176 is revised as follows:


Sec. 90.176  Coordinator notification requirements on frequencies below 
512 MHz, at 764-776/794-806 MHz, or at 1427-1432 MHz.

    (a) Frequencies below 470 MHz. Within one business day of making a 
frequency recommendation, each frequency coordinator must notify and 
provide the information indicated in paragraph (g) of this section to 
all other frequency coordinators who are also certified to coordinate 
that frequency.
    (1) The applicable frequency coordinator for each frequency is 
specified in the coordinator column of the frequency tables of 
Secs. 90.20(c)(3) and 90.35(b)(3).
    (2) For frequencies that do not specify any frequency coordinator, 
all certified in-pool coordinators must be notified.
    (3) For frequencies that are shared between the Public Safety Pool 
and the Industrial/Business Pool (frequencies subject to 
Secs. 90.20(d)(7), (d)(25), (d)(34), or (d)(46) in the Public Safety 
Pool, and subject to Secs. 90.35(c)(13), (c)(25), or (d)(4) in the 
Industrial/Business Pool), all certified coordinators of both pools 
must be notified.

[[Page 41860]]

    (b) Frequencies in the 470-512 MHz band. Within one business day of 
making a frequency recommendation, each frequency coordinator must 
notify and provide the information indicated in paragraph (g) of this 
section to all other certified frequency coordinators in the Public 
Safety Pool and the Industrial/Business Pool.
    (c) Frequencies in the 764-776/794-806 MHz band. Within one 
business day of making a frequency recommendation, each frequency 
coordinator must notify and provide the information indicated in 
paragraph (g) of this section to all other certified frequency 
coordinators in the Public Safety Pool.
    (d) Frequencies in the 1427-1432 MHz band. Within one business day 
of making a frequency recommendation, each frequency coordinator must 
notify and provide the information indicated in paragraph (g) of this 
section to the WMTS frequency coordinator designated in Sec. 95.113 and 
to all other frequency coordinators who are also certified to 
coordinate that frequency.
    (e) Each frequency coordinator must also notify all other certified 
in-pool coordinators on any day that the frequency coordinator does not 
make any frequency recommendations.
    (f) Notification must be made to all coordinators at approximately 
the same time and can be made using any method that ensures compliance 
with the one business day requirement.
    (g) At a minimum the following information must be included in each 
notification:
    (1) Name of applicant;
    (2) Frequency or frequencies recommended;
    (3) Antenna locations and heights;
    (4) Effective radiated power (ERP);
    (5) Type(s) of emissions;
    (6) Description of the service area; and
    (7) Date and time of recommendation.
    (h) Upon request, each coordinator must provide any additional 
information requested from another certified coordinator regarding a 
pending recommendation that it has processed but has not yet been 
granted by the Commission.
    (i) It is the responsibility of each coordinator to insure that its 
frequency recommendations do not conflict with the frequency 
recommendations of any other frequency coordinator. Should a conflict 
arise, the affected coordinators are jointly responsible for taking 
action to resolve the conflict, up to and including notifying the 
Commission that an application may have to be returned.

    28. Section 90.203(a)(1) is revised to read as follows:


Sec. 90.203  Certification required.

    (a) * * *
    (1) Effective October 16, 2002, except in the 1427-1432 MHz band, 
an equipment approval may no longer be obtained for in-hospital medical 
telemetry equipment operating under the provisions of this part. The 
requirements for obtaining an approval for medical telemetry equipment 
after this date are found in subpart H of part 95 of this chapter.
* * * * *

    29. Section 90.205 is amended by redesignating paragraphs (e) 
through (k) as paragraphs (f) through (l), redesignating paragraphs (l) 
through (o) as paragraphs (n) through (q), and adding new paragraphs 
(e) and (m) to read as follows:


Sec. 90.205  Power and antenna height limits.

* * * * *
    (e) 217-220 MHz. Limitations on power and antenna heights are 
specified in Sec. 90.259.
* * * * *
    (m) 1427-1429.5 MHz and 1429.5-1432 MHz. Limitations on power are 
specified in Sec. 90.259.
* * * * *

    30. Section 90.209(b)(5) in the Standard Channel Spacing/Bandwidth, 
is amended by removing frequency 1427-1435 and by adding two new 
entries in numerical order and to read as follows:


Sec. 90.209  Bandwidth limitations.

* * * * *
    (b) * * *
    (5) * * *

                   Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
                                                   Channel    Authorized
              Frequency band (MHz)                 spacing    bandwidth
                                                    (kHz)       (kHz)
------------------------------------------------------------------------
 
                  *        *        *        *        *
216-2205........................................       6.25         6.25
 
                  *        *        *        *        *
1427-14325......................................       12.5         12.5
 
                  *        *        *        *        *
------------------------------------------------------------------------
* * * * *
5 Licensees will be allowed to combine contiguous channels up to 50 kHz,
  and more than 50 kHz only upon a showing of adequate justification per
  Sec.  90.259(a)(8) and (b)(10).

    31. Section 90.213(a) in the Minimum Frequency Stability, a new an 
entry is added in numerical order to read as follows:


Sec. 90.213  Frequency stability.

    (a) * * *

                                           Minimum Frequency Stability
                                            [Parts per million (ppm)]
----------------------------------------------------------------------------------------------------------------
                                                                                       Mobile stations
                                                           Fixed and base  -------------------------------------
                 Frequency range (MHz)                        stations         Over 2 watts     2 watts or less
                                                                               output power       output power
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
216-220................................................                1.0  .................                1.0
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *
    32. 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.

[[Page 41861]]

    (3) In the 216-217 MHz band, no new assignments will be made after 
January 1, 2002.
    (4) In the 217-220 MHz band, the maximum transmitter output power 
is 2 watts. The maximum antenna height above average terrain (HAAT) is 
152 m (500 feet).
    (5) In the 217-220 MHz band, base, mobile, and operational fixed is 
permitted.
    (6) Wide area operations will not be authorized. The area of normal 
day-to-day operations will be described in the application in terms of 
maximum distance from a geographical center (latitude and longitude).
    (7) Assignable frequencies occur in increments of 6.25 kHz from 
217.0625 MHz to 219.99375 MHz.
    (8) Licensees may combine contiguous channels up to 50 kHz, and 
more than 50 kHz only upon a showing of adequate justification.
    (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 except in the locations specified in 
paragraph (b)(4) of this section. At the locations specified in 
paragraph (b)(4) of this section, all operations are secondary to the 
Wireless Medical Telemetry Service in the 1429-1431.5 MHz band.
    (3) All operations in the 1429.5-1432 MHz band are primary in 
status except in the locations specified in paragraph (b)(4) of this 
section. At the locations specified in paragraph (b)(4) of this 
section, all operations are primary in status in the 1427-1429 MHz and 
1431.5-1432 MHz bands.
    (4) Locations: (i) Pittsburgh, Pennsylvania--Counties of 
Westmoreland, Washington, Beaver, Allegheny and Butler;
    (ii) Washington, DC metropolitan area--Counties of Montgomery, 
Prince George's, Charles, Arlington, Prince William, Fauquier, Loudon, 
and Fairfax; Cities of Alexandria, Falls Church, Fairfax, and District 
of Columbia;
    (iii) Richmond/Norfolk, Virginia--Counties of Charles City, 
Chesterfield, Dinwiddie, Goochland, Hanover, Henrico, Isle of Wight, 
James City, New Kent, Powhatan, Prince George, Southhampton, Surrey, 
Sussex, and York; Cities of Chesapeake, Colonial Heights, Franklin, 
Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, 
Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg;
    (iv) Austin/Georgetown, Texas--Counties of Williamson and Travis;
    (v) Battle Creek, Michigan--County of Calhoun;
    (vi) Detroit, Michigan--Counties of Oakland, Wayne, Washtenaw, 
Macomb and Livingston;
    (vii) Spokane, Washington--Counties of Spokane, WA and Kootenai, 
ID.
    (5) All operations in the 1429.5-1432 MHz band authorized prior to 
April 12, 2002 are on a secondary basis.
    (6) For secondary operations only fixed stations are permitted. At 
the locations specified in (b)(4) of this section, secondary operations 
are performed in the 1429-1431.5 MHz band. For all other locations, 
secondary operations are performed in the 1427-1429.5 MHz band. The 
maximum power is 1 watt EIRP.
    (7) For primary operations base, mobile, operational fixed and 
temporary fixed operations are permitted.
    (i) At the locations specified in (b)(4) of this section, primary 
operations are performed in the 1427-1429 MHz and 1431.5-1432 MHz 
bands. The maximum EIRP limitations are as follows:

----------------------------------------------------------------------------------------------------------------
                                                               Frequency range (MHz)
            Operation            -------------------------------------------------------------------------------
                                     1427-1428 MHz        1428-1428.5         1428.5-1429         1431.5-1432
----------------------------------------------------------------------------------------------------------------
Fixed...........................  100 watts.........  10 watts..........  1 watt............  1 watt.
Mobile..........................  1 watt............  1 watt............  25 milliwatts.....  25 milliwatts.
Temporary fixed.................  1 watt............  1 watt............  1 watt............  1 watt.
----------------------------------------------------------------------------------------------------------------

    (ii) For all other locations, primary operations are performed in 
the 1429.5-1432 MHz band. The maximum EIRP limitations are as follows:

----------------------------------------------------------------------------------------------------------------
                                                               Frequency range (MHz)
            Operation            -------------------------------------------------------------------------------
                                      1429.5-1430         1430-1430.5        1430.5-1431.5        1431.5-1432
----------------------------------------------------------------------------------------------------------------
Fixed...........................  1 watt............  1 watt............  10 watts..........  100 watts.
Mobile..........................  25 milliwatts.....  1 watt............  1 watt............  1 watt.
Temporary fixed.................  1 watt............  1 watt............  1 watt............  1 watt.
----------------------------------------------------------------------------------------------------------------

    (8) Wide area operations will not be authorized. The area of normal 
day-to-day operations will be described in the application in terms of 
maximum distance from a geographical center (latitude and longitude).
    (9) Assignable frequencies occur in increments of 12.5 kHz from 
1427.0125 MHz to 1431.9875 MHz.
    (10) Licensees, however, may combine contiguous channels up to 50 
kHz, and more than 50 kHz only upon a showing of adequate 
justification.
    (11) For any operation in the 1427-1432 MHz band, the predicted or 
measured field strength--in the WMTS primary band--at the location of 
any registered WMTS healthcare facility shall not exceed 150 uV/m. For 
the locations specified in (b)(4) of this section, WMTS is primary in 
the 1429-1431.5 MHz band. For all other locations, WMTS is primary in 
the 1427-1429.5 MHz band.
    (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.

    33. Part 95 of title 47 of the Code of Federal Regulations, is 
amended to read as follows:

PART 95--PERSONAL RADIO SERVICES

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

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


[[Page 41862]]



    34. 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
1427-1432 MHz

    35. Section 95.1113 is amended by adding paragraphs (b)(5) and 
(b)(6) to read as follows:


Sec. 95.1113  Frequency coordinator.

* * * * *
    (b) * * *
    (5) Notify licensees--who are operating in accordance with 
Sec. 90.259(b)--of the need to comply with the field strength limit of 
Sec. 90.259(b)(11) prior to initial activation of WMTS equipment in the 
1427-1432 MHz band.
    (6) Notify licensees--who are operating in 1392-1395 MHz band in 
accordance with subpart I of part 27--of the need to comply with the 
field strength limit of Sec. 27.804 prior to initial activation of WMTS 
equipment in the 1395-1400 MHz band.

[FR Doc. 02-15373 Filed 6-19-02; 8:45 am]
BILLING CODE 6712-01-P