[Federal Register Volume 68, Number 67 (Tuesday, April 8, 2003)]
[Rules and Regulations]
[Pages 16962-16968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7322]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 21, 25, 74, 78, and 101

[IB Docket No. 98-172, FCC 02-317]


Redesignation of the 17.7-19.7 GHz Frequency Band, Blanket 
Licensing of Satellite Earth Stations in the 17.7-20.2 GHz and 27.5-
30.0 GHz Frequency Bands, and the Allocation of Additional Spectrum in 
the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands for Broadcast 
Satellite-Service Use

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document alters the 18 GHz band plan, blanket licensing 
rules, and relocation rules adopted in a previous First Order on 
Reconsideration in this proceeding released in 2001. This document 
changes certain rules in light of the increased number of frequency 
spectrum options the Commission has recently made available to certain 
licensees. The rule changes will remove unnecessary burdens on the 
public and the agency.

DATES: Effective May 8, 2003.

FOR FURTHER INFORMATION CONTACT: Peggy Reitzel, Policy Division, 
International Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Order on Reconsideration, FCC 02-317, released on November 26, 2002. 
The full texts of the documents are available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center (Room CY-A257) of the Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554. The documents are also 
available for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-317. The complete text of this 
document also may be purchased from the Commission's copy contractor, 
Qualex International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC, 20554, Telephone: 202-863-2893, Fax: 202-863-2898, e-
mail [email protected].

Summary of Report and Order

    1. On June 8, 2000, the Commission adopted a Report and Order in 
this proceeding (18 GHz Order) 65 FR 54155, September 7, 2000 which, 
among other things, concluded that terrestrial fixed service (FS) and 
ubiquitously deployed fixed-satellite service (FSS) earth stations 
generally could not share the same 18 GHz spectrum. Thus, in the 18 GHz 
Order, the Commission separated most terrestrial FS operations from 
most FSS operations by allocating separate sub-bands to each service; 
however, the Commission retained co-primary allocations for 
geostationary orbiting (GSO) FSS and FS operations in the 18.3-18.58 
GHz band.
    2. In response to the original 18 GHz Order, we received petitions 
for reconsideration from several parties, including Hughes Electronics 
Corporation (Hughes), a proponent of GSO FSS operations. On November 1, 
2001, we released a First Order on Reconsideration 66 FR 63512, 
December 7, 2000 in this proceeding that resolved many of the 
petitioners' concerns. We deferred action, however, on two elements of 
Hughes' petition: (1) That we reconsider the co-primary allocation for 
FS in the 18.3-18.58 GHz band; and (2) that we permit blanket licensing 
of earth stations receiving in certain portions of the 18 GHz band.
    3. Shortly after the Commission adopted the First Order on 
Reconsideration, the United States Circuit Court of Appeals for the 
D.C. Circuit issued an order rejecting a separate challenge to the 18 
GHz Order from another FSS licensee in the 18 GHz band. In December 
2001, the D.C. Circuit rejected those elements of the appeal not 
rendered moot by our First Order on Reconsideration. Concluding that 
the Commission's 18 GHz Order was entitled to the heightened degree of 
deference traditionally accorded decisions regarding spectrum 
management, the D.C. Circuit upheld the relocation policies and 
procedures adopted in the 18 GHz Order that had been challenged.
    4. Since that time, the Commission has expanded the eligibility 
requirements to enable the vast majority of FS operators in the 18.3-
18.58 GHz band to access other spectrum. On May 16, 2002, the 
Commission adopted the CARS Eligibility Order 67 FR 43257, June 27, 
2002, which permitted all multichannel video programming distributors 
(MVPDs) to become eligible for Cable Television Relay Service (CARS) 
licenses in the 12.7-13.2 GHz and 17.7-18.3 GHz bands. Lifting 
eligibility restrictions on licenses in the 12.7-13.2 GHz and 17.7-18.3 
GHz bands reversed a longstanding Commission policy that had allowed 
franchised cable systems and wireless cable systems to become CARS 
licensees, but denied the same opportunity to non-eligible competitors 
to traditional cable systems, such as private cable operators (PCOs), 
which are dependent on the 18 GHz band. MVPD licensees who operate in 
the 18.3-18.58 GHz band are, following adoption of the CARS Eligibility 
Order, generally eligible for licenses in these alternative CARS bands.
    5. In this Order, the Commission alters the 18 GHz band plan to 
make the FSS the sole primary spectrum allocation in the 18.3-18.58 GHz 
band. This action recognizes the Commission's recent decision to make 
additional spectrum available to current, co-primary users of the 18.3-
18.58 GHz band. This Order also permits the blanket licensing of GSO 
FSS facilities in the 18.3-18.58 GHz and 29.25-29.5 GHz bands, and--
consistent with the band clearing procedures that have been adopted in 
other proceedings--this Order adopts provisions designed to ensure the 
orderly migration and timely reimbursement of terrestrial FS incumbents 
in the 18.3-18.58 GHz band. These changes to our rules will help 
promote the efficient use of spectrum for existing and future users.
    6. Finally, this Order denies a Petition for Reconsideration of the 
First Order on Reconsideration filed by the Satellite Industry 
Association (SIA). SIA questions the Commission's relocation procedures 
and one-year testing period upon relocation set forth in the First 
Order on Reconsideration. In the Order, the Commission declined to 
depart from precedent and stated that the relocation procedures and 
one-year testing period have been adequately justified and alternatives 
adequately explored in light of the Commission's overall spectrum 
management goals.
    7. On January 27, 2003, the Commission released an erratum to this 
Order. The erratum corrects omissions in the rule changes proposed in 
the Order. The final rules contain the omissions.

Procedural Matters

    8. Paperwork Reduction Act. The rules adopted in this Second Order 
on Reconsideration involve no reporting requirements, and it is likely 
no additional outside professional skills will be necessary to comply 
with the rules and requirements here listed.
    9. Final Regulatory Flexibility Certification. As required by the 
Regulatory Flexibility Act (RFA), an Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities was incorporated in the 18 GHz NPRM (63 FR 54100, October 8, 
1998). The Commission sought written public

[[Page 16963]]

comments on the proposals in the 18 GHz NPRM, including comment on the 
IRFA. In its 18 GHz Order, the Commission concluded that the rules 
adopted in that Order would not, under the RFA, affect small entities 
disproportionately. Many of the rules adopted in the 18 GHz Order 
pertained to entities, such as licensees of geostationary and non-
geostationary space stations, which, because of their size, do not 
qualify as small entities. While a few of the rules adopted concerned 
terrestrial facilities, such as microwave services, which qualify as 
small entities because of their size, the Commission concluded that 
``procedures do not affect small entities disproportionately and it is 
likely no additional outside professional skills are required to 
complete the annual report indicating the number of small antenna earth 
stations actually brought into service.'' We received no petitions for 
reconsideration of that Final Regulatory Flexibility Analysis.
    10. Subsequently, the Commission addressed issues unrelated to its 
RFA analysis in its First Order on Reconsideration. The First Order on 
Reconsideration altered several previously adopted rules, including 
changing the power flux density value for the 18.3-18.8 GHz frequency 
band and extending the same ten-year comparable facilities relocation 
policy to all FS operations in the 18 GHz band. The First Order on 
Reconsideration also decided no longer to require the use of the Legacy 
List coordination process. Finally, the Commission considered the 
impact of it rule changes on small entities and concluded that the 
rules adopted would not, under the RFA, affect small entities 
disproportionately.
    11. In this Second Order on Reconsideration, we address issues 
unrelated to earlier RFA analysis and promulgate additional final 
rules. This additional Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.

Need for, and Objectives of, the Rules

    12. This Second Order on Reconsideration grants, in part, a 
Petition for Reconsideration filed in this proceeding by the Hughes 
Electronics Corporation (Hughes). This Order also denies a Petition for 
Reconsideration filed by the Satellite Industry Association (SIA) filed 
against the First Order on Reconsideration. In response to the Hughes 
Reconsideration Petition, the Commission alters the 18 GHz band plan to 
make the fixed-satellite service (FSS) the sole primary spectrum 
allocation in the 18.3-18.58 GHz band. The Commission's actions 
recognize the increased number of frequency spectrum options that the 
Commission has recently made available to licensees in the terrestrial 
fixed service (FS), the other primary service currently located in the 
18.3-18.58 GHz band. The Commission also allows the blanket licensing 
of GSO FSS facilities in the 18.3-18.58 GHz band and 29.25-29.5 GHz 
bands and--consistent with the band clearing procedures that we have 
adopted in other portions of the frequency spectrum--the Commission 
adopts provisions designed to ensure the orderly migration and timely 
reimbursement of terrestrial FS incumbents in the 18.3-18.58 GHz band. 
These changes to the Commission's rules will help promote the efficient 
use of spectrum for existing and future users.

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

    13. No comments were submitted in direct response to the IRFA.
    14. Description and Estimate of the Number of Small Entities to 
Which the Rules Will Apply. 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 adopted 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 
Small Business Administration (SBA). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' Nationwide, as of 1992, 
there were approximately 275,801 small organizations. ``Small 
governmental jurisdiction'' generally means ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than 50,000.'' As of 1992, there 
were approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or 96 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 (91 percent) are small entities. Below, we further 
describe and estimate the number of small entity licensees that may be 
affected by the adopted rules.
    15. Satellite Telecommunications. The SBA has developed a small 
business size standard for Satellite Telecommunications Carriers, which 
consists of all such companies having $12.5 million or less in annual 
receipts. In addition, a second SBA size standard for Other 
Telecommunications includes ``facilities operationally connected with 
one or more terrestrial communications systems and capable of 
transmitting telecommunications to or receiving telecommunications from 
satellite systems,'' and also has a size standard of annual receipts of 
$12.5 million or less. According to Census Bureau data for 1997, there 
were 324 firms in the category Satellite Telecommunications, total, 
that operated for the entire year. Of this total, 273 firms had annual 
receipts of $5 million to $9,999,999 and an additional 24 firms had 
annual receipts of $10 million to $24,999,990. Thus, under this size 
standard, the majority of firms can be considered small. In addition, 
according to Census Bureau data for 1997, there were 439 firms in the 
category Satellite Telecommunications, total, that operated for the 
entire year. Of this total, 424 firms had annual receipts of $5 million 
to $9,999,999 and an additional 6 firms had annual receipts of $10 
million to $24,999,990. Thus, under this second size standard, the 
majority of firms can be considered small.
    16. Space Stations (Geostationary). Commission records reveal that 
there are 15 space station licensees. We do not request nor collect 
annual revenue information, and thus are unable to estimate of the 
number of geostationary space stations that would constitute a small 
business under the SBA definition, or apply any rules providing special 
consideration for Space Station (Geostationary) licensees that are 
small businesses.
    17. Fixed Satellite Transmit/Receive Earth Stations. Currently 
there are 10 operational fixed-satellite transmit/receive earth 
stations authorized for use in the 18.3-18.58 GHz and 29.25-29.5 GHz 
bands. We do not request or collect annual revenue information, and 
thus are unable to estimate the number of earth stations that would 
constitute a small business under the SBA definition.
    18. Broadcast Auxiliary Service. (BAS) involves a variety of 
transmitters, generally used to relay broadcast programming to the 
public (through translator and booster stations) or within the program 
distribution chain

[[Page 16964]]

(from a remote news gathering unit back to the stations). The 
Commission has not developed a definition of small entities specific to 
broadcast auxiliary licensees. The U.S. Small Business Administration 
(SBA) has developed small business size standards, as follows: (1) For 
TV BAS, we will use the size standard for Television Broadcasting, 
which consists of all such companies having annual receipts of no more 
than $12.0 million; (2) For Aural BAS, we will use the size standard 
for Radio Stations, which consists of all such companies having annual 
receipts of no more than $6 million; (3) For Remote Pickup BAS we will 
use the small business size standard for Television Broadcasting when 
used by a TV station and that for Radio Stations when used by such a 
station.
    19. According to Census Bureau data for 1997, there were 906 
Television Broadcasting firms, total that operated for the entire year. 
Of this total, 734 firms had annual receipts of $9,999,999.00 or less 
and an additional 71 had receipts of $10 million to $24,999,999.00. 
Thus, under this standard, the majority of firms can be considered 
small.
    20. According to Census Bureau data for 1997, there were 4,476 
Radio Stations (firms), total, that operated for the entire year. Of 
this total 4,265 had annual receipts of $4,999,999.00 or less, and an 
additional 103 firms had receipts of $5 million to $9,999,999.00. Thus, 
under this standard, the great majority of firms can be considered 
small.
    21. Fixed Microwave Services. (FS) includes common carrier, 
private-operational fixed, and broadcast auxiliary radio services. 
Presently there are approximately 22,015 common carrier fixed licensees 
and 61,670 private operational-fixed licensees and broadcast auxiliary 
radio licensees in the microwave services. The SBA has developed a 
small business size standard for Cellular and other Wireless 
Telecommunications, which consists of all such companies having 1,500 
or fewer employees. According to Census Bureau data for 1997, there 
were 977 firms in this category, total, that operated for the entire 
year. Of this total, 965 firms had employment of 999 or fewer 
employees, and an additional 12 had employment of 1,000 employees or 
more. Thus, under this standard, virtually all firms can be considered 
small. Microwave services in the 18.3-18.58 GHz band include point-to-
point Private Cable Operator (PCO) systems, Cable Television Relay 
Systems and common carrier systems. Private point-to-point PCO systems 
use ninety-eight percent of the operational channels in the band; Cable 
Television Relay Systems less than two percent of the operational 
channels; and common carrier systems use less than one percent of the 
operational channels in the band.
    22. Report to Congress: The Commission will send a copy of the 
Order, including a copy of the Final Regulatory Flexibility 
Certification, in a report to Congress pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A). In addition, the Order and this 
Certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration and will be published in the Federal 
Register, 5 U.S.C. 605(b).

Ordering Clauses

    23. Pursuant to the authority contained in sections 1, 4(i), 4(j), 
301, 302, 303(c), 303(e), 303(f), 303(r) and 403 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 301, 302, 
303(c), 303(e), 303(f), 303(r), and 403, this Order is hereby adopted.
    24. It is further ordered that the Petition for Reconsideration of 
Hughes Electronics Corporation is granted, in part, and denied in part.
    25. It is further ordered that the Petition for Reconsideration of 
the Satellite Industry Association is denied.
    26. It is further ordered that the Regulatory Flexibility Analysis, 
as required by section 604 of the Regulatory Flexibility Act, is 
adopted.
    27. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order, including the Final Regulatory Flexibility Analysis 
to the Chief Counsel for Advocacy of the Small Business Administration.
    28. It is further ordered that this proceeding is terminated 
pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(i) and 154(j).

List of Subjects in 47 CFR Parts 2, 21, 25, 74, 78, and 101

    Auxiliary, Cable television relay service, Experimental radio, 
Fixed microwave services, Public fixed radio services, Reporting and 
recordkeeping requirements, Satellite communications, Special 
broadcast.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

0
For the reasons set forth in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2, 21, 25, 74, 78, and 101 as follows:

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

0
1. The authority citation for part 2 continues to read as follows:


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

0
2. Section 2.106 is amended by revising page 69 of the Table of 
Frequency Allocations and the Non-Government (NG) Footnotes to read as 
follows:

                                               18.3-22.5 GHz (SHF)
                                      [See previous page for 18.1-18.4 GHz]
----------------------------------------------------------------------------------------------------------------
                  International Table                             United States Table
----------------------------------------------------------------------------------------------
                                                              Federal          Non-Federal      FCC Rule Part(s)
     Region 1           Region 2           Region 3          Government         Government
----------------------------------------------------------------------------------------------------------------
18.4-18.6                                                18.3-18.6          18.3-18.6
FIXED
FIXED-SATELLITE (space-to-Earth) 5.484A                  FIXED-SATELLITE    FIXED-SATELLITE    Satellite
                                                          (space-to-Earth)   (space-to-Earth)   Communications
                                                          G117               NG164              (25)
MOBILE
                                                         US334              US334 NG144
--------------------------------------------------------
18.6-18.8          18.6-18.8          18.6-18.8          18.6-18.8          18.6-18.8

[[Page 16965]]

 
EARTH EXPLORATION  EARTH EXPLORATION  EARTH EXPLORATION  EARTH EXPLORATION  EARTH EXPLORATION
 SATELLITE          SATELLITE          SATELLITE          SATELLITE          SATELLITE
 (passive)          (passive)          (passive)          (passive)          (passive)
FIXED              FIXED              FIXED
FIXED-SATELLITE    FIXED-SATELLITE    FIXED-SATELLITE    FIXED-SATELLITE    FIXED-SATELLITE
 (space-to-Earth)   (space-to-Earth)   (space-to-Earth)   (space-to-Earth)   (space-to-Earth)
 5.522B             5.522B             5.522B             US255 G117         US255 NG164
MOBILE except      MOBILE except      MOBILE except
 aeronautical       aeronautical       aeronautical
 mobile             mobile             mobile
SPACE RESEARCH     SPACE RESEARCH     SPACE RESEARCH     SPACE RESEARCH     SPACE RESEARCH
 (passive)          (passive)          (passive)          (passive)          (passive)
5.522A 5.522C      5.222A             5.522A             US254 US334        US254 US334 NG144
----------------------------------------------------------------------------------------------
18.8-19.3                                                18.8-20.2          18.8-19.3
FIXED
FIXED-SATELLITE (space-to-Earth) 5.523A                  FIXED-SATELLITE    FIXED-SATELLITE
                                                          (space-to-Earth)   (space-to-Earth)
                                                          G117               NG165
MOBILE
                                                         .................  US334 NG144
------------------                   ---------------------------------------
19.3-19.7                                                .................  19.3-19.7
FIXED                                                    .................  FIXED              Satellite
                                                                                                Communications
                                                                                                (25)
FIXED-SATELLITE (space-to-Earth) (Earth-space) 5.523B    .................  FIXED-SATELLITE    Auxiliary
 5.523C 5.523D 5.523E                                                        (space-to-Earth)   Broadcast (74)
                                                                             NG166
MOBILE                                                   .................  .................  Cable TV Relay
                                                                                                (78)
                                                         .................  US334 NG144        Fixed Microwave
                                                                                                (101)
------------------                   ---------------------------------------
19.7-20.1          19.7-20.1          19.7-20.1          .................  19.7-20.1
FIXED-SATELLITE    FIXED-SATELLITE    FIXED-SATELLITE    .................  FIXED-SATELLITE    Satellite
 (space-to-Earth)   (space-to-Earth)   (space-to-Earth)                      (space-to-Earth)   Communications
 5.484A             5.484A             5.484A                                                   (25)
MOBILE-SATELLITE   MOBILE-SATELLITE   MOBILE-SATELLITE   .................  MOBILE-SATELLITE
 (space-to-Earth)   (space-to-Earth)   (space-to-Earth)                      (space-to-Earth)
                   5.524 5.525 5.526  .................  .................  5.525 5.526 5.527
                    5.527                                                    5.528
5.524              5.528 5.529        5.524              .................  5.529 US334
----------------------------------------------------------------------------------------------------------------

* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG144 Stations authorized as of September 9, 1983 to use 
frequencies in the bands 17.7-18.3 GHz and 19.3-19.7 GHz may, upon 
proper application, continue operations. Fixed stations authorized in 
the 18.3-19.3 GHz band that remain co-primary under the provisions of 
47 CFR 21.901(e), 74.502(c), 74.602(g), 78.18(a)(4), and 101.147(r) of 
this chapter may continue operations consistent with the provisions of 
those sections.
* * * * *

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

0
3. The authority citation for part 21 continues to read as follows:

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 
U.S.C. 552, 554.


0
4. Section 21.901 is amended by revising paragraph (e) to read as 
follows:


Sec.  21.901  Frequencies.

* * * * *
    (e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz that were licensed or had applications pending before the 
Commission as of September 18, 1998 may continue those operations for 
point-to-point return links from a subscriber's location on a shared 
co-primary basis with other services under parts 25, 74, 78 and 101 of 
this chapter until June 8, 2010. Prior to June 8, 2010, such stations 
are subject to relocation by licensees in the fixed-satellite service. 
Such relocation is subject to the provisions of Sec. Sec.  101.85 
through 101.97 of this chapter. After June 8, 2010, such operations are 
not entitled to protection from fixed-satellite service operations and 
must not cause unacceptable interference to fixed-satellite service 
station operations. No applications for new licenses will be accepted 
in these bands after June 8, 2000.
* * * * *

[[Page 16966]]

PART 25--SATELLITE COMMUNICATIONS

0
5. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 
U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.


0
6. Section 25.115 is amended by revising paragraph (e) to read as 
follows:


Sec.  25.115  Application for earth station authorizations.

* * * * *
    (e) Earth stations operating in the 20/30 GHz Fixed-Satellite 
Service with U.S.-licensed or non-U.S. licensed satellites: 
Applications to license individual earth stations operating in the 20/
30 GHz band shall be filed on FCC Form 312, Main Form and Schedule B, 
and shall also include the information described in Sec.  25.138. Earth 
stations belonging to a network operating in the 18.3-18.8 GHz, 19.7-
20.2 GHz, 28.35-28.6 GHz or 29.25-30.0 GHz bands may be licensed on a 
blanket basis. Applications for such blanket authorization may be filed 
using FCC Form 312, Main Form and Schedule B, and specifying the number 
of terminals to be covered by the blanket license. Each application for 
a blanket license under this section shall include the information 
described in Sec.  25.138.
* * * * *


0
7. Section 25.138 is amended by revising the section heading and 
paragraph (a) introductory text to read as follows:


Sec.  25.138  Blanket Licensing Provisions of GSO FSS Earth Stations in 
the 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 
28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) 
bands.

    (a) All applications for a blanket earth station license in the GSO 
FSS in the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 
GHz bands that meet the following requirements shall be routinely 
processed:
* * * * *


0
8. Section 25.145 is amended by revising paragraph (h) to read as 
follows:


Sec.  25.145  Licensing conditions for the Fixed-Satellite Service in 
the 20/30 GHz bands

* * * * *
    (h) Policy governing the relocation of terrestrial services from 
the 18.3 to 19.3 GHz band. Frequencies in the 18.3-19.3 GHz band listed 
in parts 21, 74, 78, and 101 of this chapter have been reallocated for 
primary use by the Fixed-Satellite Service, subject to various 
provisions for the existing terrestrial licenses. Fixed-Satellite 
Service operations are not entitled to protection from the co-primary 
operations until after the period during which terrestrial stations 
remain co-primary has expired. (see Sec. Sec.  21.901(e), 74.502(c), 
74.602(g), 78.18(a)(4), and 101.147(r) of this chapter).


0
9. Section 25.202 is amended by revising the table in paragraph (a)(1) 
to read as follows:


Sec.  25.202  Frequencies, frequency tolerance and emission 
limitations.

* * * * *


------------------------------------------------------------------------
        Space-to-Earth (GHz)                 Earth-to-space (GHz)
------------------------------------------------------------------------
3.7-4.21 1                           5.091-5.25 12, 14
6.7-7.025 12                         5.925-6.4251 1
10.7-10.95 1, 12                     12.75-13.15 1, 12
10.95-11.2 1, 2, 12                  13.2125-13.25 1, 12
11.2-11.45 1, 12                     13.75-14 4, 12
11.45-11.7 1, 2, 12                  14-14.25 5
11.7-12.2 3                          14.2-14.5
12.2-12.7 13                         15.43-15.63 12, 15
18.3-18.58 1, 10, 16                 17.3-17.89 9
18.58-18.8 6, 10, 11                 27.5-29.5 1
18.8-19.3 7, 10                      29.5-30
19.3-19.7 8, 10                      48.2-50.2
19.7-20.2 10
37.6-38.6
40-41
------------------------------------------------------------------------
\1\ This band is shared coequally with terrestrial radiocommunication
  services.
\2\ Use of this band by geostationary satellite orbit satellite systems
  in the fixed-satellite service is limited to international systems;
  i.e., other than domestic systems.
\3\ Fixed-satellite transponders may be used additionally for
  transmissions in the broadcasting-satellite service.
\4\ This band is shared on an equal basis with the Government
  radiolocation service and grandfathered space stations in the Tracking
  and Data Relay Satellite System.
\5\ In this band, stations in the radionavigation service shall operate
  on a secondary basis to the fixed-satellite service.
\6\ The band 18.58-18.8 GHz is shared co-equally with existing
  terrestrial radiocommunication systems until June 8, 2010.
\7\ The band 18.8-19.3 GHz is shared co-equally with terrestrial
  radiocommunications services until June 8, 2010, except for operations
  in the band 19.26-19.3 GHz and for low power systems operating under
  Section 101.147(r)(10), which shall operate on a co-primary basis
  until October 31, 2011.
\8\ The use of the band 19.3-19.7 GHz by the fixed-satellite service
  (space-to-Earth) is limited to feeder links for the mobile-satellite
  service.
\9\ The use of the band 17.3-17.8 GHz by the Fixed-Satellite Service
  (Earth-to-space) is limited to feeder links for the Direct Broadcast
  Satellite Service, and the sub-band 17.7-17.8 GHz is shared co-equally
  with terrestrial fixed services.
\10\ This band is shared co-equally with the Federal Government fixed-
  satellite service.
\11\ The band 18.6-18.8 GHz is shared co-equally with the non-Federal
  Government and Federal Government Earth exploration-satellite
  (passive) and space research (passive) services.
\12\ Use of this band by non-geostationary satellite orbit systems in
  the fixed-satellite service is limited to gateway earth station
  operations.
\13\ Use of this band by the fixed-satellite service is limited to non-
  geostationary satellite orbit systems.
\14\ See 47 CFR 2.106, footnotes S5.444A and US344, for conditions that
  apply to this band.
\15\ See 47 CFR 2.106, footnotes S5.511C and US359, for conditions that
  apply to this band.
\16\ The band 18.3-18.58 GHz is shared co-equally with terrestrial
  radiocommunications services until November 19, 2012.


[[Page 16967]]

* * * * *

0
10. Section 25.258 is amended by revising paragraph (b) to read as 
follows:


Sec.  25.258  Sharing between NGSO MSS Feeder links Stations and GSO 
FSS services in the 29.25-29.5 GHz Bands.

* * * * *
    (b) Licensed GSO FSS systems shall, to the maximum extent possible, 
operate with frequency/polarization selections, in the vicinity of 
operational or planned NGSO MSS feeder link earth station complexes, 
that will minimize instances of unacceptable interference to the GSO 
FSS space stations. Earth station licensees operating with GSO FSS 
systems shall be capable of providing earth station locations to 
support coordination of NGSO MSS feeder link stations under paragraphs 
(a) and (c) of this section. Operation of ubiquitously deployed GSO FSS 
earth stations in the 29.25-29.5 GHz frequency band shall conform to 
the rules contained in Sec.  25.138.
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
11. The authority citation for part 74 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 
U.S.C. 158, 303.


0
12. Section 74.502 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  74.502  Frequency assignment.

* * * * *
    (c) Aural broadcast STL and intercity relay stations that were 
licensed or had applications pending before the Commission as of 
September 18, 1998 may continue those operations in the band 18,760-
18,820 and 19,100-19,160 MHz on a shared co-primary basis with other 
services under parts 21, 25, and 101 of this chapter until June 8, 
2010. Prior to June 8, 2010, such stations are subject to relocation by 
licensees in the fixed-satellite service. Such relocation is subject to 
the provisions of Sec. Sec.  101.85 through 101.97 of this chapter. 
After June 8, 2010, such operations are not entitled to protection from 
fixed-satellite service operations and must not cause unacceptable 
interference to fixed-satellite service station operations. No 
applications for new licenses will be accepted in these bands after 
June 8, 2000.
* * * * *


0
13. Section 74.551 is amended by revising paragraph (d) to read as 
follows:


Sec.  74.551  Equipment changes.

* * * * *
    (d) Permissible changes in equipment operating in the bands 18.3-
18.58, 18.76-18.82 GHz and 19.1-19.16 GHz. Notwithstanding other 
provisions of this section, licensees of stations that remain co-
primary under the provisions of Sec.  74.502(c) may not make 
modifications to their systems that increase interference to satellite 
earth stations, or result in a facility that would be more costly to 
relocate.

Sec.  74.602  Frequency assignment.

0
14. Section 74.602 is amended by revising paragraph (g) introductory 
text to read as follows:
* * * * *
    (g) The following frequencies are available for assignment to 
television STL, television relay stations and television translator 
relay stations. Stations operating on frequencies in the sub-bands 
18.3-18.58 GHz and 19.26-19.3 GHz that were licensed or had 
applications pending before the Commission as of September 18, 1998 may 
continue those operations on a shared co-primary basis with other 
services under parts 21, 25, 78, and 101 of this chapter. Such 
stations, however, are subject to relocation by licensees in the fixed-
satellite service. Such relocation is subject to the provisions of 
Sec. Sec.  101.85 through 101.97 of this chapter. No new applications 
for new licenses will be accepted in the 19.26-19.3 GHz band after June 
8, 2000, and no new applications for new licenses will be accepted in 
the 18.3-18.58 GHz band after November 19, 2002. The provisions of 
Sec.  74.604 do not apply to the use of these frequencies. Licensees 
may use either a two-way link or one or both frequencies of a frequency 
pair for a one-way link and shall coordinate proposed operations 
pursuant to procedures required in Sec.  101.103(d) of this chapter.
* * * * *


0
15. Section 74.651 is amended by revising paragraph (c) to read as 
follows:


Sec.  74.651  Equipment changes.

* * * * *
    (c) Permissible changes in equipment operating in the bands 18.3-
18.58 GHz and 19.26-19.3 GHz. Notwithstanding other provisions of this 
section, licensees of stations that remain co-primary under the 
provisions of Sec.  74.602(g) may not make modifications to their 
systems that increase interference to satellite earth stations, or 
result in a facility that would be more costly to relocate.

PART 78--CABLE TELEVISION RELAY SERVICE

0
16. The authority citation for part 78 continues to read as follows:

    Authority: Secs. 4(i), 301 and 303(r), Federal Communications 
Act of 1934, as amended, 47 U.S.C. 4(i), 301 and 303(r)).


0
17. Section 78.18 is amended by revising paragraph (a)(4) introductory 
text to read as follows:


Sec.  78.18  Frequency assignments.

    (a) * * *
    (4) The Cable Television Relay Service is also assigned the 
following frequencies in the 17,700-19,700 MHz band. These frequencies 
are co-equally shared with stations in other services under parts 25, 
74, and 101 of this chapter. Cable Television Relay Service stations 
operating on frequencies in the sub-bands 18.3-18.58 GHz and 19.26-19.3 
GHz that were licensed or had applications pending before the 
Commission as of September 18, 1998 may continue those operations on a 
shared co-primary basis with other services under parts 25, 74, and 101 
of this chapter. Such stations, however, are subject to relocation by 
licensees in the fixed-satellite service. Such relocation is subject to 
the provisions of Sec. Sec.  101.85 through 101.97 of this chapter. No 
new applications for part 78 licenses will be accepted in the 19.26-
19.3 GHz band after June 8, 2000, and no new applications for part 78 
licenses will be accepted in the 18.3-18.58 GHz band after November 19, 
2002.
* * * * *


0
18. Section 78.109 is amended by revising paragraph (d) as follows:


Sec.  78.109  Equipment changes.

* * * * *
    (d) Permissible changes in equipment operating in the bands 18.3-
18.58 GHz and 19.26-19.3 GHz. Notwithstanding other provisions of this 
section, licensees of stations that remain co-primary under the 
provisions of Sec.  78.18(a)(4) may not make modifications to their 
systems that increase interference to satellite earth stations, or 
result in a facility that would be more costly to relocate, unless the 
modifications are needed as a result of a Commission requirement.

PART 101--FIXED MICROWAVE SERVICES

0
19. The authority citation for part 101 continues to read as follows:

    Authority: 47 U.S.C. 154, and 303.


[[Page 16968]]



0
19a. Section 101.83 is revised to read as follows:


Sec.  101.83  Modification of station license.

    Permissible changes in equipment operating in the band 18.3-19.3 
GHz: Notwithstanding other provisions of this section, stations that 
remain co-primary under the provisions of Sec.  101.147(r) may not make 
modifications to their systems that increase interference to satellite 
earth stations, or result in a facility that would be more costly to 
relocate.


0
20. Section 101.85 is amended by revising the section heading, the 
introductory text and paragraphs (a) and (b) to read as follows:


Sec.  101.85  Transition of the 18.3-19.3 GHz band from the terrestrial 
fixed services to the fixed-satellite service (FSS).

    Fixed services (FS) frequencies in the 18.3-19.3 GHz bands listed 
in Sec. Sec.  21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) and 
Sec.  101.147(a) and (r) of this chapter have been allocated for use by 
the fixed-satellite service (FSS). The rules in this section provide 
for a transition period during which FSS licensees may relocate 
existing FS licensees using these frequencies to other frequency bands, 
media or facilities.
    (a) FSS licensees may negotiate with FS licensees authorized to use 
frequencies in the 18.3-19.30 GHz bands for the purpose of agreeing to 
terms under which the FS licensees would:
    (1) Relocate their operations to other frequency bands, media or 
facilities; or alternatively
    (2) Accept a sharing arrangement with the FSS licensee that may 
result in an otherwise impermissible level of interference to the FSS 
operations.
    (b)(1) FS operations in the 18.3-18.58 GHz band that remain co-
primary under the provisions of Sec. Sec.  21.901(e), 74.502(c), 
74.602(d), 78.18(a)(4) and Sec.  101.147(r) of this chapter will 
continue to be co-primary with the FSS users of this spectrum until 
November 19, 2012 or until the relocation of the fixed service 
operations, whichever occurs sooner.
    (2) FS operations in the 18.58-19.3 GHz band that remain co-primary 
under the provisions of Sec. Sec.  21.901(e), 74.502(c), 74.602(d), 
78.18(a)(4) and Sec.  101.147(r) of this chapter will continue to be 
co-primary with the FSS users of this spectrum until June 8, 2010 or 
until the relocation of the fixed service operations, whichever occurs 
sooner, except for operations in the band 19.26-19.3 GHz and low power 
systems operating pursuant to Sec.  101.47(r)(10), which shall operate 
on a co-primary basis until October 31, 2011.
    (3) If no agreement is reached during the negotiations pursuant to 
Sec.  101.85(a), an FSS licensee may initiate relocation procedures. 
Under the relocation procedures, the incumbent is required to relocate, 
provided that the FSS licensee meets the conditions of Sec.  101.91.
* * * * *


0
21. Section 101.95 is amended by revising the section heading to read 
as follows:


Sec.  101.95  Sunset provisions for licensees in the 18.30-19.30 GHz 
band.

0
22. Section 101.97 is amended by revising the section heading and 
paragraph (a) introductory text to read as follows:


Sec.  101.97  Future licensing in the 18.30-19.30 GHz band.

    (a) All major modifications and extensions to existing FS systems 
in the 18.3-18.58 band after November 19, 2002, or in the 18.58-19.30 
band after June 8, 2000 (with the exception of certain low power 
operations authorized under Sec.  101.147(r)(10)) will be authorized on 
a secondary basis to FSS systems. All other modifications will render 
the modified FS license secondary to FSS operations, unless the 
incumbent affirmatively justifies primary status and the incumbent FS 
licensee establishes that the modification would not add to the 
relocation costs for FSS licensees. Incumbent FS licensees will 
maintain primary status for the following technical changes:
* * * * *

    23. Section 101.147 is amended by revising paragraph (r) to read as 
follows:


Sec.  101.147  Frequency assignments.

* * * * *
    (r) 17,700 to 19,700 and 24,250 to 25,250 MHz: Operation of 
stations using frequencies in these bands is permitted to the extent 
specified below.
    (1) Until November 19, 2012, stations operating in the band 18.3-
18.58 GHz that were licensed or had applications pending before the 
Commission as of November 19, 2002 shall operate on a shared co-primary 
basis with other services under parts 21, 25, and 74 of the 
Commission's rules;
    (2) Until October 31, 2011, operations in the band 19.26-19.3 GHz 
and low power systems operating pursuant to Sec.  101.47(r)(10) shall 
operate on a co-primary basis;
    (3) Until June 8, 2010, stations operating in the band 18.58-18.8 
GHz that were licensed or had applications pending before the 
Commission as of June 8, 2000 may continue those operations on a shared 
co-primary basis with other services under parts 21, 25, and 74 of the 
Commission's rules;
    (4) Until June 8, 2010, stations operating in the band 18.8-19.3 
GHz that were licensed or had applications pending before the 
Commission as of September 18, 1998 may continue those operations on a 
shared co-primary basis with other services under parts 21, 25, and 74 
of the Commission's rules;
    (5) After November 19, 2012, stations operating in the band 18.3-
18.58 GHz are not entitled to protection from fixed-satellite service 
operations and must not cause unacceptable interference to fixed-
satellite service station operations.
    (6) After June 8, 2010, operations in the 18.58-19.30 GHz band are 
not entitled to protection from fixed-satellite service operations and 
must not cause unacceptable interference to fixed-satellite service 
station operations.
    (7) After November 19, 2002, no new applications for Part 101 
licenses will be accepted in the 18.3-18.58 GHz band.
    (8) After June 8, 2000, no new applications for Part 101 licenses 
will be accepted in the 18.58-19.3 GHz band.
    (9) Licensees may use either a two-way link or one frequency of a 
frequency pair for a one-way link and must coordinate proposed 
operations pursuant to the procedures required in Sec.  101.103. (Note, 
however, that stations authorized as of September 9, 1983, to use 
frequencies in the band 17.7-19.7 GHz may, upon proper application, 
continue to be authorized for such operations, consistent with the 
above conditions related to the 18.58-19.3 GHz band.)
* * * * *
[FR Doc. 03-7322 Filed 4-7-03; 8:45 am]
BILLING CODE 6712-01-P