[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Proposed Rules]
[Pages 59036-59045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23426]



[[Page 59036]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 97 and 101

[WT Docket No. 02-146; FCC 02-180]


Allocations and Service Rules for the 71-76 GHz, 81-86 GHz and 
92-95 GHz Bands

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission examines methods to promote 
the commercial development and growth of the ``millimeter wave'' 
spectrum in the 71-76 GHz, 81-86 GHz and 92-95 GHz bands under parts 15 
and 101 of our rules. This action follows was taken pursuant to our 
mandate under section 7(a) and 303(g) of the Communications Act and a 
in response to a Petition for Rulemaking filed by Loea Communications 
requesting service rules for these bands. We anticipate that the 
proposals set forth herein will encourage the use of technologies, 
developed in military and scientific applications in commercial 
products and services.

DATES: Comments are due on or before December 18, 2002, and reply 
comments are due on or before February 3, 2003.

ADDRESSES: Federal Communications Commission 445 12th Street, SW., TW-
A325, Washington, DC 20554. See SUPPLEMENTARY INFORMATION for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Michael Marcus, Office of Engineering 
and Technology, (202) 418-2418, TTY (202) 418-2989, e-mail 
[email protected], or Brian O'Donnell, Policy and Rules Branch, Public 
Safety and Private Wireless Division, Wireless Telecommunications 
Bureau, (202) 418-2135, email [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rulemaking, FCC 02-180, 
adopted on June 13, 2002 and released on June 28, 2002. The full text 
of this document 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.
    1. With this Notice of Proposed Rulemaking (NPRM), we examine 
methods to promote the commercial development and growth of the 
``millimeter wave'' spectrum in the 71-76 GHz, 81-86 GHz and 92-95 GHz 
bands under parts 15 and 101 of our rules. This action follows an 
initiative by our Office of Engineering and Technology concerning 
possible development of these bands. We also take this action pursuant 
to our mandate under sections 7(a) and 303(g) of the Communications Act 
of 1934, as amended, ``to encourage the provision of new technologies 
and services to the public'' and ``encourage the larger and more 
effective use of radio in the public interest.'' We also seek comment 
on a proposal by Loea Communications Corporation (``Loea'') to 
establish service rules for the licensed use of the 71-76 GHz and 81-86 
GHz bands. We seek to develop a flexible and streamlined regulatory 
framework that will encourage innovative uses of the spectrum; 
accommodate future developments in technology and equipment; promote 
competition in the communications services, equipment and related 
markets; and advance the potential sharing between non-Federal 
Government and Federal Government systems. Additionally, we anticipate 
that our proposals will encourage the use of technologies developed in 
military and scientific applications in a broad range of new products 
and services, such as high-speed wireless local area networks and 
broadband access systems for the Internet.
    2. In July 2000, the Commission held a public forum on possible new 
uses of the 92-95 GHz band. Several speakers at the forum indicated 
that due to recent technological developments, new uses of this band 
are approaching practicality. In addition, in July 2001, Loea 
experimented with technology it developed for use of the 71-76 GHz and 
81-86 GHz bands. As a result, Loea filed a petition requesting the 
establishment of service rules for the licensed use of the 71-76 GHz 
and 81-86 GHz bands on September 10, 2001. Accordingly, we seek comment 
on our proposed rules to allow use of the 71-76 GHz, 81-86 GHz, 92-94 
GHz and 94.1-95 GHz bands for a broad range of new fixed and mobile 
services. These proposals include allocation changes to the bands as 
well as provisions to ensure that new non-Federal Government operations 
can share the available frequencies with Federal Government operations 
in the same bands and protect operations in adjacent bands. 
Specifically, we seek comment on the following issues regarding use of 
the 71-76 GHz, 81-86 GHz and 92-95 GHz bands:
    [sbull] Reallocating the 71-76 GHz, 81-86 GHz and 92-95 GHz bands 
to update the current allocations, which were established at the World 
Administration Radio Conference (Geneva, 1979) (WARC-79);
    [sbull] Developing an appropriate band plan for the 71-76 GHz, 81-
86 GHz and 92-95 GHz bands;
    [sbull] Providing for unlicensed use of the 92-95 GHz band;
    [sbull] Authorizing the new licensed services under part 101 of our 
rules and the new unlicensed devices under part 15 of our rules;
    [sbull] The appropriate means of licensing spectrum for these bands 
(e.g., geographic service areas or site-based licenses);
    [sbull] Whether to permit licensees to select licensing as a band 
manager or as a regular non-band manager licensee; and
    [sbull] Developing an appropriate eligibility standard for 
potential licensees.

Procedural Matters

1. Initial Regulatory Flexibility Analysis

    3. As required by section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document. The IRFA is set forth in paragraph 15. 
Written public comments are requested on the IRFA. In order to fulfill 
the mandate of the Contract with America Advancement Act of 1996 
regarding the Final Regulatory Flexibility Analysis, we ask a number of 
questions regarding the prevalence of small businesses in the affected 
industries.
    4. Comments must be filed in accordance with the same filing 
deadlines as comments filed in this NPRM, but they must have a separate 
and distinct heading designating them as responses to the IRFA. The 
Commission's Consumer Information Bureau, Reference Information Center, 
shall send a copy of this NPRM, including the IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration in accordance 
with Section 603(a) of the Regulatory Flexibility Act.

2. Ex Parte Rules--Permit-But-Disclose Proceedings

    5. This is a permit-but-disclose notice and comment rule making 
proceeding. Ex parte presentations are permitted,

[[Page 59037]]

except during the Sunshine Agenda period, provided they are disclosed 
as provided in the Commission's rules. See generally 47 CFR 1.1202, 
1.1203, 1.2306(a).

3. Comment Dates

    6. Pursuant to Sec. Sec.  1.415 and 1.419 of our rules, interested 
parties may file comments on or before December 18, 2002, and reply 
comments on or before February 3, 2003. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS), http://www.fcc.gov/e-file/ecfs.html, or by filing paper copies.
    7. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should including the following words in the body of the message, ``get 
form [email protected].
    10. Alternative formats (computer diskette, large print, audio 
cassette and Braille) are available to persons with disabilities by 
contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365 or via e-
mail to [email protected]/oet. This Notice can also be downloaded at 
http://www.fcc.gov/oet.
    11. The World Wide Web addresses/URLs that we give here were 
correct at the time this document was prepared but may change over 
time. They are included herein in addition to the conventional 
citations as a convenience to readers. We are unable to update these 
URLs after adoption of this NPRM, and readers may find some URLs to be 
out of date as time progresses. We also advise readers that the only 
definitive text of FCC documents is the one that is published in the 
FCC Record. In case of discrepancy between the electronic documents 
cited here and the FCC Record, the version in the FCC Record is 
definitive.

Initial Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this Notice of Proposed Rule Making 
(NPRM). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments on the NPRM provided in paragraph 124 of the 
item. The Commission will send a copy of this NPRM, including this 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). In addition, the NPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    13. In this NPRM, we examine methods to promote the development and 
growth of the 71-76 GHz, 81-86 GHz and 92-95 GHz bands to encourage the 
provisions of new technologies and services to the public and encourage 
the larger and more effective use of wireless in the public interest. 
We believe that this NPRM will set the framework for the establishment 
of new wireless services in the 71-76 GHz, 81-86 GHz and 92-95 GHz 
bands.
    14. We seek comment on the following issues under consideration in 
this NPRM:
    [sbull] Reallocating the 71-76 GHz, 81-86 GHz and 92-95 GHz bands 
in order to more fully comply with the allocations established at the 
World Administrative Radio Conference;
    [sbull] Providing licensees in the 71-76 GHz and 81-86 GHz access 
to the entire spectrum to provide sufficient capacity for licensees to 
utilize and provide new innovative services to the public;
    [sbull] Dividing the 92-95 GHz band into licensed use and 
unlicensed use in order to stimulate growth in the band while providing 
adequate protection to the Government operations in the band and to 
operations in the adjacent spectrum;
    [sbull] Authorizing the 71-76 GHz, 81-86 GHz and portions of the 
92-95 GHz under part 101 of our rules in order to facilitate investment 
capital for business;
    [sbull] Whether to license the new services by geographic service 
areas or by site-by-site licensing;
    [sbull] Licensing the spectrum to individual licensees and band 
managers to optimize the use of the spectrum and to provide maximum 
flexibility for potential licensees and new services;
    [sbull] Proposing open eligibility, rather than imposing 
eligibility restrictions, to allow market forces to guide license 
assignment absent a compelling showing that regulatory intervention to

[[Page 59038]]

exclude potential participants is necessary;
    [sbull] Adopting a 10-year license term and providing licensees 
with a renewal expectancy upon establishing substantial service in 
order to provide a stable regulatory environment that will be 
attractive to investors and will thus encourage development of the 
spectrum; and
    [sbull] Allowing licensees to partition and disaggregate their 
spectrum to provide an opportunity for a wide range of applicants, 
including small business, rural telephone, minority-owned and women-
owned applicants.

B. Legal Basis

    15. The proposed action is authorized under sections 4(i), 301, 
302, 303(e), 303(f), 303(r), 304 and 307 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), 303(r), 
304, 307.

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

    16. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms, ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (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. A small 
organization is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Nationwide, as of 1992, there were approximately 275,801 small 
organizations.
    17. The Commission has not developed a definition of small entities 
applicable to Radio Frequency Equipment Manufacturers (RF 
Manufacturers). Therefore, the applicable definition of small entity is 
the definition under the SBA rules applicable to manufacturers of 
``Radio and Television Broadcasting and Communications Equipment.'' 
According to the SBA's regulation, an RF manufacturer must have 750 or 
fewer employees in order to qualify as a small business. Census Bureau 
data indicates that there are 858 companies in the United States that 
manufacture radio and television broadcasting and communications 
equipment, and that 778 of these firms have fewer than 750 employees 
and would be classified as small entities. Therefore, we believe that 
many of the companies that manufacture RF equipment may qualify as 
small entities.
    18. The Commission has proposed to assign licenses in the 71-76 
GHz, 81-86 GHz and 92-95 GHz bands by competitive bidding. The 
Commission has not yet determined how many licenses will be awarded. 
Moreover, the Commission does not know how many licensees will 
partition their license areas or disaggregate their spectrums, if 
partitioning and disaggregation are allowed. Therefore, the exact 
number of smaller licensees in these bands to which the proposed rules 
will apply cannot be known precisely at this time.

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

    19. Equipment designed for unlicensed use will be subject to the 
existing requirements of subpart J of part 2 of our rules, which 
governs equipment authorization procedures. In addition, winning 
bidders for licensed use must submit long-form license applications 
through the Universal Licensing System using FCC Form 601, and other 
appropriate forms. Licensees will also be required to apply for an 
individual station license by filing FCC Form 601 for those individual 
stations that (1) require submission of an Environmental Assessment of 
the facilities under Sec.  1.1307 of our rules; (2) require 
international coordination of the application; or (3) require 
coordination with the Frequency Assignment Subcommittee (FAS) of the 
Interdepartment Radio Advisory Committee (IRAC). While these 
requirements are new with respect to potential licensees in the 71-76 
GHz, 81-86 GHz and 92-95 GHz bands, the Commission has applied these 
requirements to licensees in other bands.

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

    20. 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: ``(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 such 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.''
    21. We believe that the rules proposed in this NPRM provide a 
flexible and efficient approach to spectrum management. To minimize any 
negative impact on smaller entities, however, we propose certain 
incentives for small entities that will be to their benefit. For 
example, we seek comment on licensing the spectrum to band managers 
that will be authorized to lease portions of their spectrum to all 
entities, including smaller entities, and to allow partitioning and 
spectrum disaggregation. These provisions will enable smaller entities, 
which sometimes may lack sufficient resources to bid in the auction on 
an equally competitive basis, to acquire smaller portions of the 
spectrum. The use of smaller licensing areas could also benefit small 
entities by reducing costs and build out expenses.
    22. We also propose bidding credits for smaller entities that 
participate in auctions of licenses that are conducted pursuant to the 
rules proposed in this NPRM. Specifically, we propose to define an 
``entrepreneur'' as an entity with average annual gross revenues not 
exceeding $40 million for three preceding years and we propose to 
define a ``small business'' as an entity with an average annual gross 
revenues not exceeding $15 million for three preceding years. We 
believe that these small business definitions and bidding credits will 
help small entities compete in our auctions and acquire licenses.
    23. In addition, we propose to adopt a 10-year license term and 
provide licensees with a renewal expectancy upon establishing 
substantial service. We believe these provisions will provide a stable 
regulatory environment that will be attractive to investors and thus 
enable smaller entities to acquire the necessary capital to operate in 
the spectrum.
    24. The regulatory burdens we have retained, such as filing 
applications on appropriate forms, are necessary in order to ensure 
that the public receives the benefits of innovative new services in a 
prompt and efficient manner and apply equally to large and small 
entities, thus without differential impact. We will continue to examine 
alternatives in the future with the objectives of eliminating 
unnecessary regulations and minimizing any significant impact on small 
entities.

[[Page 59039]]

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

    25. None.

G. Ordering Clause

    26. It is further ordered that the Commission's Consumer & 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice for Proposed Rule Making, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

Ordering Clause

    27. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rule Making, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with section 603(a) of the Regulatory 
Flexibility Act, 5 U.S.C. 603(a).
    28. Pursuant to the authority contained in sections 4, 4(i), 157, 
303,303(g), 303(r), 307 and 332(c)(7) of the Communications Act of 
1934, as amended, 47 U.S.C. 154, 154(i), 157, 303, 303(g), 303(r), 307, 
this Notice of Proposed Rule Making is adopted.

List of Subjects in 47 CFR Parts 2, 15, 97 and 101

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    1. For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR Parts 2, 15, 97, and 
101 as follows:

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

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

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

    3. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
    a. Revise pages 81 through 83.
    b. In the list of United States (US) Footnotes, revise footnotes 
US211, US297, and US342; remove footnote US270; and add footnotes 
USwww, USxxx, USyyy, and USzzz.
    The additions and revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

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[GRAPHIC] [TIFF OMITTED] TP19SE02.002


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[GRAPHIC] [TIFF OMITTED] TP19SE02.003

BILLING CODE 6712-01-C

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* * * * *

United States (US) Footnotes

* * * * *
    US211 In the bands 1670-1690, 5000-5250 MHz and 10.7-11.7, 15.1365-
15.35, 15.4-15.7, 22.5-22.55, 24-24.05, 31.0-31.3, 31.8-32.0, 40.5-
42.5, 102-105, 116-126, 151-164, 176.5-182, 185-190, 231-235, 252-265 
GHz, applicants for airborne or space station assignments are urged to 
take all practicable steps to protect radio astronomy observations in 
the adjacent bands from harmful interference; however, US74 applies.
* * * * *
    US297 The bands 47.2-49.2 GHz and 81-82.5 GHz are also available 
for feeder links for the broadcasting-satellite service.
* * * * *
    US342 In making assignments to stations of other services to which 
the bands:

13360-13410 kHz,
37.5-38.25 MHz,
322-328.6 MHz*,
1330-1400 MHz*,
1610.6-1613.8 MHz*,
1660-1670 MHz,
3260-3267 MHz*,
3332-3339 MHz*,
3345.8-3352.5 MHz*,
4825-4835 MHz*,
14.47-14.5 GHz*,
22.01-22.21 GHz*,
22.21-22.5 GHz,
22.81-22.86 GHz*,
23.07-23.12 GHz*,
31.2-31.3 GHz,
36.43-36.5 GHz*,
42.5-43.5 GHz,
48.94-49.04 GHz*,
81-86 GHz,
92-94 GHz,
93.07-93.27 GHz*,
94.1-95 GHz,
97.88-98.08 GHz*,
140.69-140.98 GHz*,
144.68-144.98 GHz*,
145.45-145.75 GHz*,
146.82-147.12 GHz*,
150-151 GHz*,
174.42-175.02 GHz*,
177-177.4 GHz*,
178.2-178.6 GHz*,
181-181.46 GHz*,
186.2-186.6 GHz*,
250-251 GHz*,
257.5-258 GHz*,
261-265 GHz,
262.24-262.76 GHz*,
265-275 GHz,
265.64-266.16 GHz*,
267.34-267.86 GHz*,
271.74-272.26 GHz*


are allocated (* indicates radio astronomy use for spectral line 
observations), all practicable steps shall be taken to protect the 
radio astronomy service from harmful interference. Emissions from 
spaceborne or airborne stations can be particularly serious sources of 
interference to the radio astronomy service (see Nos. 4.5 and 4.6 and 
Article 29 of the ITU Radio Regulations).
* * * * *
    USwww In the band 74-76 GHz, stations in the fixed, mobile and 
broadcasting services shall not cause harmful interference to stations 
of the Federal Government fixed-satellite service.
    USxxx In the band 92-95 GHz, Federal and non-Federal users may 
operate low power, unlicensed devices. In the band 92-92.3 GHz and 
93.2-94.1 GHz, Federal assignments shall operate on a primary basis. In 
the bands 92.3-93.2 GHz and 94.1-95 GHz, non-Federal licensed systems 
shall operate on a primary basis and Federal assignments may operate on 
a secondary basis, except that Federal assignments at the following 
military installations shall operate on a primary basis: [NTIA will 
supply the list of large military installations prior to the adoption 
of the Report and Order].
    USyyy The band 75.5-76 GHz is also allocated to the amateur and 
amateur-satellite services on a secondary basis until January 1, 2006.
    USzzz In the bands 81-86 GHz, 92-94 GHz, and 94.1-95 GHz, the radio 
astronomy service shall not receive protection from other allocated 
services, except within the maximum coordination distances listed for 
the following radio astronomy observatories.

------------------------------------------------------------------------
                                       150 kilometer (93 mile) radius
                                                centered on:
        Telescope and site         -------------------------------------
                                      North latitude     West longitude
------------------------------------------------------------------------
National Radio Astronomy               38[deg]25'59''     79[deg]50'24''
 Observatory (NRAO), Robert C.
 Byrd Telescope, Green Bank, WV...
NRAO, Very Large Array, Socorro,       34[deg]04'44''    107[deg]37'06''
 NM...............................
University of Arizona 12-m             31[deg]57'10''    111[deg]36'50''
 Telescope, Kitt Peak, AZ.........
BIMA Telescope, Hat Creek, CA.....     40[deg]49'04''    121[deg]28'24''
Caltech Telescope, Owens Valley,       37[deg]13'54''    118[deg]17'36''
 CA...............................
Five Colleges Observatory,             42[deg]23'33''     72[deg]20'40''
 Amherst, MA......................
Haystack Observatory, Westford, MA     42[deg]37'23''     71[deg]29'19''
James Clerk Maxwell Telescope,         19[deg]49'33''    155[deg]28'20''
 Mauna Kea, HI....................


------------------------------------------------------------------------
                                       25 kilometer (15.5 mile) radius
  NRAO, Very Long Baseline Array                centered on:
             Stations              -------------------------------------
                                      North latitude     West longitude
------------------------------------------------------------------------
Brewster, WA......................     48[deg]07'52''    119[deg]41'00''
Fort Davis, TX....................     30[deg]38'06''    103[deg]56'41''
Hancock, NH.......................     42[deg]56'01''     71[deg]59'12''
Kitt Peak, AZ.....................     31[deg]57'23''    111[deg]36'45''
Los Alamos, NM....................     35[deg]46'31''    106[deg]14'44''
Mauna Kea, HI.....................     19[deg]48'05''    155[deg]27'19''
North Liberty, IA.................     41[deg]46'17''     91[deg]34'27''
Owens Valley, CA..................     37[deg]13'54''    118[deg]16'37''
Pie Town, NM......................     34[deg]18'04''    108[deg]07'09''
Saint Croix, VI...................     17[deg]45'24''     64[deg]35'01''
------------------------------------------------------------------------


[[Page 59044]]

* * * * *

PART 15--RADIO FREQUENCY DEVICES

    4. The authority citation continues to read as follows:

    Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336 and 544A.

    5. Section 15.257 is added to subpart C to read as follows:


Sec.  15.257  Operation within the band 92-95 GHz.

    (a) Operation under the provisions of this section is not permitted 
for equipment used on aircraft or satellites.
    (b) Within the 92-95 GHz band, emission levels shall not exceed the 
following:
    (1) The average power density of any emission, measured during the 
transmit interval, shall not exceed 9 [mu]W/cm\2\, as measured 3 meters 
from the radiating structure, and the peak power density of any 
emission shall not exceed 18 [mu]W cm\2\, as measured 3 meters from the 
radiating structure.
    (2) Peak power density shall be measured with an RF detector that 
has a detection bandwidth that encompasses the band being used and has 
a video bandwidth of at least 10 MHz, or using an equivalent 
measurement method.
    (3) The average emission limits shall be calculated, based on the 
measured peak levels, over the actual time period during which 
transmission occurs.
    (c) Limits on spurious emissions: (1) The power density of any 
emissions outside the band being used band shall consist solely of 
spurious emissions.
    (2) Radiated emissions below 40 GHz shall not exceed the general 
limits in Sec.  15.209.
    (3) Between 40 GHz and 200 GHz, the level of these emissions shall 
not exceed 90 pW/cm\2\ at a distance of 3 meters.
    (4) The levels of the spurious emissions shall not exceed the level 
of the fundamental emission.
    (i) The total peak transmitter output power shall not exceed 500 
mW.
    (ii) Fundamental emissions must be contained within the frequency 
bands specified in this section during all conditions of operation. 
Equipment is presumed to operate over the temperature range -20 to +50 
degrees celsius with an input voltage variation of 85% to 115% of rated 
input voltage, unless justification is presented to demonstrate 
otherwise.
    (iii) Regardless of the power density levels permitted under this 
section, devices operating under the provisions of this section are 
subject to the radiofrequency radiation exposure requirements specified 
in 47 CFR 1.1307(b), 2.1091 and 2.1093, as appropriate. Applications 
for equipment authorization of devices operating under this section 
must contain a statement confirming compliance with these requirements 
for both fundamental emissions and unwanted emissions. Technical 
information showing the basis for this statement must be submitted to 
the Commission upon request.

PART 97--AMATEUR RADIO SERVICE

    7. The authority citation for Part 97 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609, unless otherwise noted.

    8. Section 97.303 is revised by adding paragraph (r)(3) to read as 
follows:


Sec.  97.303  Frequency sharing requirements.

* * * * *
    (r) * * *
    (3) No amateur or amateur-satellite station transmitting in the 
75.5-76 GHz segment shall cause interference to, nor is protected from 
interference due to the operation of, stations in the fixed service. 
After January 1, 2006, the 75.5-76 GHz segment is no longer allocated 
to the amateur service or to the amateur-satellite.

PART 101--FIXED MICROWAVE SERVICES

    9. The authority citation for part 101 continues to read as 
follows:

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

    10. Section 101.101 is amended by adding four new entries in 
numerical order as follows:


Sec.  101.101  Frequency Availablity.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Radio service
                                     -------------------------------------------------------------------------------------------------------------------
                                                                                                               Other (Parts
        Frequency band (MHz)                                                                     Broadcast      15, 21, 22,
                                       Common carrier (Part 101)   Private radio (Part 101)      auxiliary    24, 25, 74, 78             Notes
                                                                                                 (Part 74)        & 100)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
71,000-76,000.......................  CC........................  OFS.......................  ..............  ..............  F/M/TF.
81,000-86,000.......................  CC........................  OFS.......................  ..............  ..............  F/M/TF.
92,300-93,200.......................  CC........................  OFS.......................  ..............  ..............  F/M/TF.
94,100-95,000.......................  CC........................  OFS.......................  ..............  ..............  F/M/TF.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    11. Section 101.107(a) is amended by adding four new entries in 
numerical order and revising footnote 9 as follows:


Sec.  101.107  Frequency tolerance.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                           Frequency tolerance (percent)
                                                                 -----------------------------------------------
                         Frequency (MHz)                                              Mobile          Mobile
                                                                   All fixed and   stations over    stations 3
                                                                   base stations      3 watts      watts or less
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
71,000 to 76,000 \9\............................................            0.03            0.03            0.03
81,000 to 86,000 \9\............................................            0.03            0.03            0.03
92,300 to 93,200 \9\............................................  ..............  ..............  ..............

[[Page 59045]]

 
94,100 to 95,000 \9\............................................  ..............  ..............  ..............
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\9\ Equipment authorized to be operated in the 38,600-40,000 MHz, 71,000-76,000 MHz, 81,000-86,000 MHz, 92,300-
  93,200 MHz and 94,100-95,000 MHz bands are exempt from the frequency tolerance requirement noted in the above
  table.

* * * * *
    12. Section 101.113(a) is amended by adding four entries in 
numerical order as follows:


Sec.  101.113  Transmitter power limitations

    (a) * * *

 
----------------------------------------------------------------------------------------------------------------
                                                                                    Maximum allowable EIRP
                            Frequency band (MHz)                             -----------------------------------
                                                                                 Fixed (dBW)      Mobile (dBW)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
71,000-76,000...............................................................               +55               +55
81,000-86,000...............................................................               +55               +55
92,300-93,200...............................................................               +55               +55
94,100-95,000...............................................................               +55               +55
----------------------------------------------------------------------------------------------------------------

* * * * *
    13. Section 101.147(a) is amended by adding four entries in 
numerical order as follows:


Sec.  101.147  Frequency assignments.

    (a) * * *
    71,000-76,000 MHz \4\ \5\ \11\ \17\ \19\.
    81,000-86,000 MHz \4\ \5\ \11\ \17\ \19\.
    92,300-93,200 MHz \17\.
    94,100-95,000 MHz \17\.
* * * * *
[FR Doc. 02-23426 Filed 9-18-02; 8:45 am]
BILLING CODE 6712-01-P