[Federal Register Volume 68, Number 111 (Tuesday, June 10, 2003)]
[Proposed Rules]
[Pages 34560-34568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14222]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 21,74 and 101

[WT Docket No. 03-66; RM-10586; WT Docket No. 03-67; MM Docket No. 97-
217; WT Docket No. 02-68; RM-9718; FCC 03-56]


Facilitate the Provision of Fixed and Mobile Broadband Access, 
Educational and Other Advanced Services in the 2150-2162 and 2500-2690 
MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Proposed rules.

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SUMMARY: In this document the Federal Communications Commission (FCC) 
proposes rules that would require Multipoint Distribution Service (MDS) 
and Instructional Television Fixed Service (ITFS) operators to limit 
the strength of some or all of the radio signals they transmit to 
levels that would make it possible for operators in adjacent service 
areas to provide two-way, low-power cellular services. The new rules 
would also expand ITFS eligibility criteria to include commercial as 
well as non-profit educational entities and perhaps merge ITFS with 
MDS, but they would maintain the amount of educational content provided 
on those channels at levels comparable to those attained under existing 
requirements. The purpose of the proposals is to facilitate provision 
of high-speed wireless Internet access services and mobile radio 
services in a band that has traditionally been used primarily for high-
powered, one-way television.

DATES: Comments are due on or before September 8, 2003 and reply 
comments are due on or before October 23, 2003.

FOR FURTHER INFORMATION CONTACT: Nancy Zaczek or Charles Oliver at 
(202) 418-0680, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau or via the Internet to [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Notice of 
Purposed Rulemaking, FCC 03-56, adopted on March 13, 2003, and released 
on April 2, 2003. The full text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, 445 12th Street, SW., Washington, DC 20554. The 
complete text may be purchased from the FCC's copy contractor, Qualex 
International, 445 12th Street, SW., Room CY-B402, Washington, DC 
20554. The full text may also be downloaded at: http://www.fcc.gov. 
Alternative formats are available to persons with disabilities by 
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365 or at 
[email protected].
    1. By this Notice of Proposed Rulemaking (NPRM), the FCC initiates 
a comprehensive examination of the FCC's rules and policies governing 
the licensing of the Instructional Television Fixed Service (ITFS), the 
Multipoint Distribution Service (MDS), and the Multichannel Multipoint 
Distribution Service (MMDS) (collectively, the Services) in the 2500-
2690 MHz band. By this action, the FCC seeks to promote competition, 
innovation and investment in wireless broadband services, and to 
promote educational services. Additionally, the FCC also seeks to 
foster the development of innovative service offerings to consumers as 
well as educational, medical and other institutions, simplify the 
licensing process and delete obsolete and unnecessary regulatory 
burdens. The FCC believes that it is appropriate and prudent to take 
this action at this time because the Services and the potential uses 
for the spectrum allotted to them have evolved significantly since the 
inception of the Services. Those uses present a significant opportunity 
to provide alternatives for the provision of broadband services to 
consumers in urban, suburban and rural areas and to improve 
opportunities for distance

[[Page 34561]]

learning and telemedicine services. In addition, this proceeding has 
been prompted, in part, by the request of a group of representatives of 
licensees in the Services--namely, the Wireless Communications 
Association International (WCA), the National ITFS Association (NIA) 
and the Catholic Television Network (CTN) (collectively, the 
Coalition)--that the FCC substantially change the rules governing the 
Services. The FCC's proposals are intended to foster the provision of 
innovative and traditional service offerings to consumers as well as 
educational, medical and other institutions, to simplify the licensing 
process, and to remove obsolete rules and unnecessary regulatory 
burdens.
    2. The rule changes proposed in this NPRM would facilitate the 
provision of high-speed data and voice services accessible to mobile as 
well as fixed users on channels that today are used primarily for one-
way video operations to fixed locations. These changes would ultimately 
affect between 142 and 190 MHz of spectrum, depending upon which of the 
alternative sets of rules proposed in this NPRM are adopted. The FCC 
emphasizes, however, that it does not intend to evict any incumbent 
licensees from the affected band if they have been in compliance with 
the FCC's rules and continue to comply with the FCC's rules when the 
FCC modifies or augments them nor does it intend to undermine the 
educational mission of ITFS licensees. Far from evicting existing 
licensees, the FCC anticipates that the streamlined regulations and 
revised spectrum plan adopted in this proceeding will facilitate the 
provision of advanced wireless communications services by incumbent 
licensees.
    3. The following is a summary of the FCC's major proposals and 
determinations. In the NPRM, the FCC:
    [sbull] Seek comment on whether and how to reconfigure the 2500-
2690 MHz band;
    [sbull] Seek comment on the best means of ensuring the efficient 
utilization of unassigned ITFS spectrum, including geographic area 
licensing and unlicensed operation;
    [sbull] Propose to convert site-by-site licenses of MDS and ITFS 
incumbents to geographic service areas;
    [sbull] Seek comment on how best to promote increased access to and 
efficient utilization of ITFS spectrum;
    [sbull] Propose technical rules to increase licensee flexibility 
and protect incumbent operations in the 2500-2690 MHz band;
    [sbull] Propose technical and service rules for mobile operations;
    [sbull] Propose to simplify and streamline the licensing process 
for the Services;
    [sbull] Propose application filing and processing procedures to 
facilitate implementation of the Services into the Universal Licensing 
System (ULS) administered by the Wireless Telecommunications Bureau; 
and
    [sbull] Propose to consolidate all service-specific rules for the 
Services under parts 27 and 101 but seek comment on alternatives.

I. Procedural Matters

A. Ex Parte Rules--Permit-But-Disclose

    4. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed pursuant to the 
FCC's rules.

B. Comment Period and Procedures

    5. Pursuant to applicable procedures set forth in Sec. Sec.  1.415 
and 1.419 of the FCC's rules, interested parties may file comments on 
this NPRM on or before September 8, 2003, and reply comments on or 
before October 23, 2003. Comments and reply comments should be filed in 
WT Docket No. 03-66, and may be filed using the FCC's Electronic 
Comment Filing System (ECFS) or by filing paper copies. All relevant 
and timely comments will be considered by the FCC before final action 
is taken in this proceeding.
    6. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. In 
completing the transmittal screen, commenters should include their full 
name, Postal Service mailing address, and the applicable docket number. 
Parties may also submit an electronic comment by e-mail via the 
Internet. To obtain filing instructions for e-mail comments, commenters 
should send an e-mail to [email protected], and should include the following 
words in the body of the message: ``get form .'' A sample form and directions will be sent in 
reply.
    7. Parties who choose to file by paper must file an original and 
four copies of each filing. If parties want each FCC Commissioner to 
receive a personal copy of their comments, they must file an original 
plus nine copies. All filings must be sent to the FCC's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. 
Furthermore, parties are requested to provide courtesy copies for the 
following FCC staff: (1) Nancy Zaczek, Charles Oliver and Stephen Zak, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, Federal Communications Commission, 445 12th 
Street, SW., Room. 3-C124, Washington, DC 20554; and (2) Gary Michaels 
and Andrea Kelly, Auctions and Industry Analysis Division, Wireless 
Telecommunications Bureau, Federal Communications Commission, 445 12th 
Street, SW., Room 4-A760, Washington, DC 20554. One copy of each filing 
(together with a diskette copy, as indicated below) should also be sent 
to the FCC's copy contractor, Qualex International, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, 202-863-2893.
    8. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be attached to the 
original paper filing submitted to the Office of the Secretary. Such a 
submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using Microsoft\TM\ Word 97 for Windows or compatible 
software. The diskette should be accompanied by a cover letter and 
should be submitted in ``read only'' mode. The diskette should be 
clearly labeled with the commenter's name, proceeding, type of pleading 
(comment or reply comment), date of submission, and the name of the 
electronic file on the diskette. The label should also include the 
following phrase ``Disk Copy--Not an Original.'' Each diskette should 
contain only one party's pleadings, preferably in a single electronic 
file. In addition, commenters should send diskette copies to the FCC's 
copy contractor, Qualex International, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, 202-863-2893.
    9. The public may view the documents filed in this proceeding 
during regular business hours in the FCC Reference Information Center, 
Federal Communications Commission, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554, and on the Commission's Internet Home Page: 
http://www.fcc.gov. Copies of comments and reply comments are also 
available through the FCC's duplicating contractor: Qualex 
International, 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, 202-863-2893. Accessible formats (computer diskettes, large 
print, audio recording and Braille) are available to persons with 
disabilities by contacting Brian Millin, of the Consumer & Governmental 
Affairs Bureau, at (202) 418-7426, TTY (202) 418-7365, or at 
[email protected].
    10. As required by the Regulatory Flexibility Act of 1980 (RFA), 
the FCC has prepared an Initial Regulatory Flexibility Analysis (IRFA) 
of the

[[Page 34562]]

possible significant economic impact on small entities of the policies 
and rules proposed in the NPRM. The analysis is found in Appendix A. 
The FCC requests written public comment on the analysis. Comments must 
be filed in accordance with the same deadlines as comments filed in 
response to the NPRM, and must have a separate and distinct heading 
designating them as responses to the IRFA. The FCC's Consumer and 
Governmental Affairs Bureau, Reference Information Center, will send a 
copy of this NPRM, including the IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.

II. Initial Regulatory Flexibility Analysis

    11. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the FCC 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 specified in 
the NPRM for comments. The FCC 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.

Need for, and Objectives of, the Proposed Rules

    12. In this NPRM the FCC proposes a number of changes and ask for 
comments concerning the rules governing the 2500-2690 MHz band, for the 
Multipoint Distribution Service (MDS), the Multichannel Multipoint 
Distribution Service (MMDS), and the Instructional Television Fixed 
Service (ITFS). The FCC's proposals include:
    [sbull] Proposing technical rules to increase licensee flexibility;
    [sbull] Seeking comment on revising the band plan;
    [sbull] Proposing service rules for mobile operation;
    [sbull] Proposing to encourage entrepreneurial efforts to develop 
new technologies and services by opening ITFS spectrum to a wide range 
of applicants;
    [sbull] Proposing to simplify and streamline the licensing process;
    [sbull] Proposing application filing and processing to facilitate 
electronic filing in ULS;
    [sbull] Proposing to consolidate these services under Part 101;
    [sbull] Tentatively concluding that MDS and ITFS licensees should 
receive a six-month transition period after application processing in 
ULS begins before requiring mandatory electronic filing in ULS;
    [sbull] Suspending the acceptance and processing of applications in 
this band, with certain exceptions, until the completion of this 
rulemaking proceeding;
    [sbull] Suspending the current August 16, 2003 construction 
deadline for BTA authorization holders; and
    [sbull] Proposing to assign ITFS licenses through competitive 
bidding.
    13. The FCC believes that its proposals will encourage the 
enhancement of existing services using this band and the development of 
new innovative services to the public such as providing wireless 
broadband services, including high-speed Internet access and mobile 
services. The FCC also believes that its proposals will allow licensees 
to adapt quickly to changing market conditions and the marketplace, 
rather than the government, to determine how this band will best be 
used.

Legal Basis

    14. The proposed action is authorized under sections 1, 2, 4(i), 7, 
10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333 and 
706 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 
154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 
324, 332, 333, and 706.

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

    15. 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. The definition of ``small governmental jurisdiction'' is 
one with a population of fewer than 50,000. There are 85,006 
governmental jurisdictions in the nation. This number includes such 
entities as states, counties, cities, utility districts and school 
districts. There are no figures available on how many of these entities 
have populations of fewer than 50,000. However, this number includes 
38,978 counties, cities and towns, and of those, 37,556, or 96 percent, 
have populations of fewer than 50,000. The Census Bureau estimates that 
this ratio is approximately accurate for all government entities. Thus, 
of the 85,006 governmental entities, the FCC estimates that 96 percent, 
or about 81,600, are small entities that may be affected by the FCC's 
rules.
    16. Nationwide, there are 4.44 million small business firms, 
according to SBA reporting data. In this section, the FCC further 
describes and estimates the number of small entity licensees and 
regulatees that may be affected by rules adopted pursuant to this NPRM. 
The most reliable source of information regarding the total numbers of 
certain common carrier and related providers nationwide, as well as the 
number of commercial wireless entities, appears to be the data that the 
FCC publishes in its Trends in Telephone Service report. The SBA has 
developed small business size standards for wireline and wireless small 
businesses within the three commercial census categories of Wired 
Telecommunications Carriers, Paging, and Cellular and Other Wireless 
Telecommunications. Under these categories, a business is small if it 
has 1,500 or fewer employees. Below, using the above size standards and 
others, the FCC discusses the total estimated numbers of small 
businesses that might be affected by its actions.
    17. Multipoint Distribution Service, Multichannel Multipoint 
Distribution Service, and ITFS. Multichannel Multipoint Distribution 
Service (MMDS) systems, often referred to as ``wireless cable,'' 
transmit video programming to subscribers using the microwave 
frequencies of the Multipoint Distribution Service (MDS) and 
Instructional Television Fixed Service (ITFS). In connection with the 
1996 MDS auction, the FCC established a small business size standard as 
an entity that had annual average gross revenues of less than $40 
million in the previous three calendar years. The MDS auctions resulted 
in 67 successful bidders obtaining licensing opportunities for 493 
Basic Trading Areas (BTAs). Of the 67 auction winners, 61 met the

[[Page 34563]]

definition of a small business. MDS also includes licensees of stations 
authorized prior to the auction. In addition, the SBA has developed a 
small business size standard for Cable and Other Program Distribution, 
which includes all such companies generating $12.5 million or less in 
annual receipts. According to Census Bureau data for 1997, there were a 
total of 1,311 firms in this category, total, that had operated for the 
entire year. Of this total, 1,180 firms had annual receipts of under 
$10 million and an additional 52 firms had receipts of $10 million or 
more but less than $25 million. Consequently, the FCC estimates that 
the majority of providers in this service category are small businesses 
that may be affected by the rules and policies adopted herein. This SBA 
small business size standard also appears applicable to ITFS. There are 
presently 2,032 ITFS licensees. All but 100 of these licenses are held 
by educational institutions. Educational institutions are included in 
this analysis as small entities. Thus, the FCC tentatively concludes 
that at least 1,932 licensees are small businesses.
    18. In connection with the 1996 MDS auction, the FCC defined 
``small business'' as an entity that, together with its affiliates, has 
average gross annual revenues that are not more than $40 million for 
the preceding three calendar years. The FCC established this small 
business definition in the context of this particular service and with 
the approval of SBA. The MDS auction resulted in 67 successful bidders 
obtaining licensing opportunities for 493 Basic Trading Areas (BTAs). 
Of the 67 auction winners, 61 met the definition of a small business. 
At this time, the FCC estimates that of the 61 small business MDS 
auction winners, 48 remain small business licensees. In addition to the 
48 small businesses that hold BTA authorizations, there are 
approximately 392 incumbent MDS licensees that are considered small 
entities. After adding the number of small business auction licensees 
to the number of incumbent licensees not already counted, the FCC finds 
that there are currently approximately 440 MDS licensees that are 
defined as small businesses under either the SBA or the FCC's rules. 
Some of those 440 small business licensees may be affected by the 
proposals in this NPRM.
    19. MDS is also heavily encumbered with licensees of stations 
authorized prior to the auction. The SBA has developed a definition of 
small entities for pay television services that includes all such 
companies generating $11 million or less in annual receipts. This 
definition includes multipoint distribution systems, and thus applies 
to MDS licensees and wireless cable operators that did not participate 
in the MDS auction. Information available to us indicates that there 
are 832 of these licensees and operators that do not generate revenue 
in excess of $11 million annually. Therefore, for purposes of this 
IRFA, the FCC finds that there are approximately 892 small MDS 
providers as defined by the SBA and the FCC's auction rules, and some 
of these providers may take advantage of the FCC's amended rules to 
provide two-way MDS.
    20. There are presently 2032 ITFS licensees. All but 100 of these 
licenses are held by educational institutions (these 100 fall in the 
MDS category, above). Educational institutions may be included in the 
definition of a small entity. ITFS is a non-profit non-broadcast 
service that, depending on SBA categorization, has, as small entities, 
entities generating either $10.5 million or less, or $11.0 million or 
less, in annual receipts. However, the FCC does not collect, nor is the 
FCC aware of other collections of, annual revenue data for ITFS 
licensees. Thus, the FCC finds that up to 1932 of these educational 
institutions are small entities that may take advantage of the FCC's 
amended rules to provide additional flexibility to ITFS.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    21. As noted previously, applicants for MDS or ITFS licenses would 
be required to apply 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 the 
FCC's 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 
ITFS and MDS bands, the FCC has applied these requirements to licensees 
in other bands. Moreover, the FCC is also proposing to eliminate many 
burdensome filing requirements that have previously been applied to MDS 
and ITFS.

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

    22. 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.''
    23. In this NPRM, the FCC seeks comment on a number of proposals 
and alternatives regarding the use of the 2500-2690 MHz band. This NPRM 
seeks to adopt rules that will reduce regulatory burdens, promote 
innovative services and encourage flexible use of this spectrum. It 
opens up economic opportunities to a variety of spectrum users, 
including small businesses. The FCC considers various proposals and 
alternatives partly because the FCC seeks to minimize, to the extent 
possible, the economic impact on small businesses.
    24. The FCC has reduced the burdens wherever possible. To minimize 
any further negative impact, however, the FCC proposes certain 
exclusive incentives for small entities that will redound to their 
benefit. The FCC proposes the use of bidding credits for small entities 
that participate in auctions of licenses that are conducted pursuant to 
the rules proposed in this NPRM. The FCC proposes to define a ``small 
business'' as an entity with average annual gross revenues for the 
preceding three years not exceeding $40 million, a ``very small 
business'' as an entity with average gross revenues for the preceding 
three years not exceeding $15 million, and an ``entrepreneur'' as an 
entity with average annual gross revenues for the preceding three years 
not exceeding $3 million. The FCC proposes that entities qualifying as 
small businesses will receive a 15% bidding credit, that entities 
qualifying as very small businesses will receive a 25% bidding credit, 
and that entities qualifying as entrepreneurs will receive a 35% 
bidding credit. Qualifying small businesses, very small businesses, and 
entrepreneurs can reduce their winning bids by the amount of their 
bidding credits. The FCC believes that these bidding credits will help 
small entities

[[Page 34564]]

compete in the FCC's auctions and acquire licenses. The FCC seeks 
comment on its proposed small business definitions and bidding credits, 
including information on factors that may affect the capital 
requirements of the type of services a licensee may seek to provide.
    25. The regulatory burdens contained in the NPRM, such as filing 
applications on appropriate forms, are necessary in order to ensure 
that the public receives the benefits of innovative new services, or 
enhanced existing services, in a prompt and efficient manner. The FCC 
will continue to examine alternatives in the future with the objectives 
of eliminating unnecessary regulations and minimizing any significant 
economic impact on small entities. The FCC seeks comment on significant 
alternatives commenters believe the FCC should adopt.

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

    26. None.

III. Ordering Clauses

    27. Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 7, 
10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333 and 
706 of the Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 157, 
160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333, 
and 706, that this Notice of Proposed Rulemaking is hereby adopted.
    It is further ordered that the FCC's Consumer and Governmental 
Affairs Bureau, Reference Information Center, shall send a copy of this 
NPRM, including the Initial Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

    Administrative practice and procedures, and Reporting and 
recordkeeping requirements.

47 CFR Parts 74 and 101

    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, 21, 74 and 
101 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).
    2. Section 1.933 is amended by adding paragraphs (c)(8) and (9) to 
read as follows:


Sec.  1.933  Public notices.

* * * * *
    (c) * * *
    (8) Multipoint Distribution Service.
    (9) Instructional Television Fixed Service.
* * * * *
    3. Section 1.1102 is amended by revising entry 20 to the table to 
read as follows:


Sec.  1.1102  Schedule of charges for applications and other filings in 
the wireless telecommunications services.

* * * * *


----------------------------------------------------------------------------------------------------------------
                                                            Fee
              Action                   FCC Form No.        amount    Payment type code           Address
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
20. Multipoint Distribution
 Service (including Multi-channel
 MDS)
    a. Conditional License.......  304 & 159 or 331 &      $220.00  CJM...............  Federal Communications
                                    159.                                                 Commission, Wireless
                                                                                         Bureau Applications,
                                                                                         P.O. Box 358155,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.
    b. Major Modification of       304 & 159 or 331         220.00  CJM...............  Federal Communications
     Conditional Licenses or        &159.                                                Commission, Wireless
     License Authorization.                                                              Bureau Applications,
                                                                                         P.O. Box 358994,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.
    c. Certification of            304-A & 159.........     645.00  CPM*..............  Federal Communications
     Completion of Construction.                                                         Commission, Wireless
                                                                                         Bureau Applications,
                                                                                         P.O. Box 358155,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.
    d. License Renewal...........  405 & 159...........     220.00  CJM...............  Federal Communications
                                                                                         Commission, Wireless
                                                                                         Bureau Applications,
                                                                                         P.O. Box 358155,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.
    e. Assignment or Transfer:
        (i) First Station on       702 & 159 or 704 &        80.00  CCM...............  Federal Communications
         Application.               159.                                                 Commission, Wireless
                                                                                         Bureau Applications,
                                                                                         P.O. Box 358155,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.
        (ii) Each Additional       702 & 159 or 704 &        50.00  CAM...............  ........................
         Station.                   159.
    f. Extension of Construction   701 & 159...........     185.00  CHM...............  Federal Communications
     Authorization.                                                                      Commission, Wireless
                                                                                         Bureau Applications,
                                                                                         P.O. Box 358155,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.
    g. Special Temporary           Corres & 159........     100.00  CEM...............  Federal Communications
     Authority or Request for                                                            Commission, Wireless
     Waiver of Prior Construction                                                        Bureau Applications,
     Authorization.                                                                      P.O. Box 358155,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.
    h. Signal Booster............
        (i) Application..........  304 & 159, 331 & 159      75.00  CSB...............  Federal Communications
                                                                                         Commission, Wireless
                                                                                         Bureau Applications,
                                                                                         P.O. Box 358155,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.
        (ii) Certification of      304A & 159..........      80.00  CCB...............  Federal Communications
         Completion of                                                                   Commission, Wireless
         Construction (Electronic                                                        Bureau Applications,
         Filing Only).                                                                   P.O. Box 358155,
                                                                                         Pittsburgh, PA 15251-
                                                                                         5155.

[[Page 34565]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 21 [REMOVED]

    4. Part 21 is removed.

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

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

    Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.

    6. Section 74.1 is amended by revising paragraph (b) to read as 
follows:


Sec.  74.1  Scope.

* * * * *
    (b) Rules in part 74 which apply exclusively to a particular 
service are contained in that service subpart, as follows: Experimental 
Broadcast Stations, subpart A; Remote Pickup Broadcast Stations, 
subpart D; Aural Broadcast STL and Intercity Relay Stations, subpart E; 
TV Auxiliary Broadcast Stations, subpart F; Low Power TV, TV Translator 
and TV Booster Stations, subpart G; Low Power Auxiliary Stations, 
subpart H; FM Broadcast Translator Stations and FM Broadcast Booster 
Stations, subpart L.

Subpart I [Removed and Reserved]

    7. Subpart I of part 74 is removed and reserved.

PART 101--FIXED MICROWAVE SERVICES

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

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

    9. Section 101.3 is amended by adding the following definitions in 
alphabetical order to read as follows:


Sec.  101.3  Definitions.

* * * * *
    Instructional Television Fixed Service. A fixed or mobile service 
intended primarily for video, data, or voice transmissions of 
instructional, cultural, and other types of educational material to one 
or more receiving locations.
* * * * *
    Multipoint Distribution Service. A domestic public radio service 
rendered on microwave frequencies from one or more stations 
transmitting to multiple receiving facilities.
* * * * *

    10. Section 101.101 is amended by revising the following entries to 
the table to read as follows:


Sec.  101.101  Frequency availability.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Radio service
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Other (Parts 15, 21,
        Frequency band (MHz)          Common carrier (Part     Private radio (Part    Broadcast auxiliary    22, 24, 25, 74, 78 &          Notes
                                              101)                    101)                 (Part 74)                 100)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
2450-2500..........................  LTTS..................  OFS...................  TV BAS...............  ISM..................  F/M/TF
2500-2650..........................  ITFS MDS..............  ITFS MDS..............
2650-2690..........................  ITFS MDS..............  OFS MDS/ITFS..........
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    ITFS: Instructional Television Fixed Service--(part 101, subpart P)
* * * * *
    MDS: Multipoint Distribution Service--(part 101, subpart Q)
* * * * *

    11. Add subpart Q to part 101 to read as follows:
Subpart Q--Instructional Television Fixed Service
Sec.
101.1501 Purpose and permissible service.
101.1502 BTA license authorization.
101.1503 Service areas.
101.1504 Conversion of incumbent ITFS stations to geographic area 
licensing.
101.1505 Performance requirements.
101.1506 Partitioning and disaggregation.
101.1508 Unattended operation.
101.1509 License term.


Sec.  101.1501  Purpose and permissible service.

    (a)(1) Instructional television fixed stations are intended 
primarily through video, data, or voice transmissions to further the 
educational mission of accredited public and private schools, colleges 
and universities providing a formal educational and cultural 
development to enrolled students. Authorized instructional television 
fixed station channels must be used to further the educational mission 
of accredited schools offering formal educational courses to enrolled 
students.
    (2) In furtherance of the educational mission of accredited 
schools, instructional television fixed station channels may be used 
for:
    (i) In-service training and instruction in special skills and 
safety programs, extension of professional training, informing persons 
and groups engaged in professional and technical activities of current 
developments in their particular fields, and other similar endeavors;
    (ii) Transmission of material directly related to the 
administrative activities of the licensee, such as the holding of 
conferences with personnel, distribution of reports and assignments, 
exchange of data and statistics, and other similar uses; and
    (iii) Response channels transmitting information associated with 
formal educational courses offered to enrolled

[[Page 34566]]

students, including uses described in paragraphs (a)(2)(i) and (ii) of 
this section, from ITFS response stations to response station hubs.
    (b) Stations may be licensed in this service as originating or 
relay stations to interconnect instructional television fixed stations 
in adjacent areas, to deliver instructional and cultural material to, 
and obtain such material from, commercial and noncommercial educational 
television broadcast stations for use on the instructional television 
fixed system, and to deliver instructional and cultural material to, 
and obtain such material from, nearby terminals or connection points of 
closed circuit educational television systems employing wired 
distribution systems or radio facilities authorized under other parts 
of this chapter, or to deliver instructional and cultural material to 
any CATV system serving a receiving site or sites which would be 
eligible for direct reception of ITFS signals under the provisions of 
paragraph (a) of this section.
    (c) When an ITFS licensee makes capacity available on a common 
carrier basis, it will be subject to common carrier regulation.
    (1) A licensee operating as a common carrier is required to comply 
with all policies and rules applicable to that service. Responsibility 
for making the initial determination of whether a particular activity 
is common carriage rests with the ITFS licensee.
    (2) An ITFS licensee also may alternate, without further 
authorization required, between rendering service on a common carrier 
and non-common carrier basis, provided that the licensee notifies the 
Commission of any service status changes at least 30 days in advance of 
such changes. The notification shall state whether there is any 
affiliation or relationship to any intended or likely subscriber or 
program originator.


Sec.  101.1502  BTA license authorization.

    (a) Winning bidders must file an application (FCC Form 601) for an 
initial authorization in each market and frequency block.
    (b) Blanket licenses are granted for each market and frequency 
block. Blanket licenses cover all mobile and response stations. Blanket 
licenses also cover all fixed stations anywhere within the authorized 
service area, except as follows:
    (1) A fixed station (other than a response station) would be 
required to be individually licensed if:
    (i) International agreements require coordination;
    (ii) Submission of an Environmental Assessment is required under 
Sec.  1.1307 of this chapter; and
    (iii) The station would affect the radio quiet zones under Sec.  
1.924 of this chapter.
    (2) Any antenna structure that requires notification to the Federal 
Aviation Administration (FAA) must be registered with the Commission 
prior to construction under Sec.  17.4 of this chapter.


Sec.  101.1503  Service areas.

    Most ITFS service areas are Basic Trading Areas (BTAs). BTAs are 
based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 
123rd Edition, at pages 38-39. The following are additional ITFS 
service areas in places where Rand McNally has not defined BTAs: 
American Samoa; Guam; Northern Mariana Islands; Mayaguez/Aguadilla-
Ponce, Puerto Rico; San Juan, Puerto Rico; and the United States Virgin 
Islands. The Mayaguez/Aguadilla-Ponce, PR, service area consists of the 
following municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo 
Rojo, Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, 
Jayuya, Juana Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, 
Moca, Patillas, Penuelas, Ponce, Quebradillas, Rincon, Sabana Grande, 
Salinas, San German, Santa Isabel, Villalba and Yauco. The San Juan 
service area consists of all other municipios in Puerto Rico.


Sec.  101.1504  Conversion of incumbent ITFS stations to geographic 
area licensing.

    (a) Any ITFS station licensed by the Commission prior to date to be 
decided as well as assignments and transfers approved by the Commission 
and consummated as of [date to be decided] shall be considered 
incumbent and grandfathered (may continue to operate under their 
licensed parameters).
    (b) As of [date to be decided], all incumbent ITFS licenses shall 
be converted to a blanket license. Pursuant to that geographic area 
license, such incumbent licensees may modify their systems provided the 
signal level [specific level to be decided] does not increase outside 
their pre-existing protected service area. The blanket license covers 
all fixed stations anywhere within the authorized service area, except 
as follows:
    (1) A fixed station (other than a response station) would be 
required to be individually licensed if:
    (i) International agreements require coordination;
    (ii) Submission of an Environmental Assessment is required under 
Sec.  1.1307 of this chapter; and
    (iii) The station would affect the radio quiet zones under Sec.  
1.924 of this chapter.
    (2) Any antenna structure that requires notification to the Federal 
Aviation Administration (FAA) must be registered with the Commission 
prior to construction under Sec.  17.4 of this chapter.
    Incumbent operators and geographic area licensees may negotiate 
alternative criteria.
    (c) The frequencies associated with incumbent authorizations that 
have been cancelled automatically or otherwise been recovered by the 
Commission will automatically revert to the applicable BTA licensee.


Sec.  101.1505  Performance requirements.

    (a) Incumbent site-based licensees are subject to the construction 
requirements set forth in Sec.  101.63.
    (b) All ITFS BTA licensees must demonstrate substantial service at 
the time of license renewal. A licensee's substantial service showing 
should include, but not be limited to, the following information for 
each channel for which it holds a license, in each BTA or portion of a 
BTA covered by their license, in order to qualify for renewal of that 
license. The information provided will be judged by the Commission to 
determine whether the licensee is providing service which rises to the 
level of ``substantial.''
    (1) A description of the ITFS licensee's current service in terms 
of geographic coverage;
    (2) Copies of all orders or other adjudications that the licensee 
has violated the Communications Act or the Commission's rules or 
policies;
    (3) A description of the ITFS band licensee's current service in 
terms of population served, as well as any additional service provided 
during the license term;
    (4) A description of the ITFS licensee's investments in its 
system(s) (type of facilities constructed and their operational status 
is required); and
    (b) Any ITFS licensees adjudged not to be providing substantial 
service will not have their licenses renewed.


Sec.  101.1506  Partitioning and disaggregation.

    (a) Eligibility (1) Parties seeking approval for partitioning and 
disaggregation shall request from the Commission an authorization for 
partial assignment of license. Geographic area licensees may 
participate in aggregation, disaggregation, and partitioning within

[[Page 34567]]

the bands licensed on a geographic area basis.
    (2) Eligible ITFS licensees may apply to the Commission to 
partition their licensed geographic service areas to eligible entities 
and are free to determine the portion of their service areas to be 
partitioned. Eligible ITFS licensees may aggregate or disaggregate 
their licensed spectrum at any time following the grant of a license.
    (b) Technical standards (1) There is no limitation on the amount of 
spectrum that an ITFS licensee may aggregate.
    (2) Spectrum may be disaggregated in any amount. A licensee need 
not retain a minimum amount of spectrum.
    (3) In the case of partitioning, applicants and licensees must file 
FCC Form 603 pursuant to Sec.  1.948 of this chapter and list the 
partitioned service area on a schedule to the application. The 
geographic coordinates must be specified in degrees, minutes, and 
seconds to the nearest second of latitude and longitude, and must be 
based upon the 1983 North American Datum (NAD83).
    (4) Combined partitioning and disaggregation. The Commission will 
consider requests from geographic area licensees for partial assignment 
of licenses that propose combinations of partitioning and 
disaggregation.
    (c) Construction requirements.--(1) Disaggregation. Partial 
assignors and assignees for license disaggregation have two options to 
meet construction requirements. Under the first option, the 
disaggregator and Disaggregate would certify that they each will share 
responsibility for meeting the applicable construction requirements set 
forth in Sec.  101.1506 for the geographic service area. If parties 
choose this option and either party fails to demonstrate substantial 
service, both licenses would be subject to forfeiture at renewal. The 
second option allows the parties to agree that either the disaggregator 
or disaggregate would be responsible for meeting the requirements in 
Sec.  101.1505 for the geographic service area. If parties choose this 
option, and the party responsible for meeting the construction 
requirement fails to do so, only the license of the non-performing 
party would be subject to forfeiture at renewal.
    (2) Partitioning. Partial assignors and assignees for license 
partitioning have two options to meet construction requirements. Under 
the first option, the partitionor and partitionee would each certify 
that they will independently provide substantial service for their 
respective partitioned areas. If either licensee fails to meet its 
requirement in Sec.  101.1505, only the non-performing licensee's 
renewal application would be subject to dismissal. Under the second 
option, the partitionor certifies that it has met or will meet the 
requirement in Sec.  101.1505 for the entire market. If the partitionor 
fails to meet the requirement in Sec.  101.1505, however, only its 
license would be subject to forfeiture at renewal.
    (3) All applications requesting partial assignments of license for 
partitioning or disaggregation must certify in the appropriate portion 
of the application which construction option is selected.
    (4) Responsible parties must submit supporting documents as 
required by Sec.  101.1505.
    (d) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term.
    (e) Remote Control Operation. Licensed ITFS stations may be 
operated by remote control without further authority.


Sec.  101.1508  Unattended operation.

    Unattended operation of licensed ITFS stations is permitted without 
further authority. An unattended relay station may be employed to 
receive and retransmit signals of another station provided that the 
transmitter is equipped with circuits which permit it to radiate only 
when the signal intended to be retransmitted is present at the receiver 
input terminals.


Sec.  101.1509  License term.

    (a) Incumbent ITFS licenses shall be issued for a period of 10 
years beginning with the date of grant.
    (b) A BTA authorization shall be issued for a period of ten years 
from the date the Commission declared bidding closed in the ITFS 
auction.
    12. Add subpart R to part 101 to read as follows:

Subpart R--Multipoint Distribution Service

Sec.
101.1601 Purpose and permissible service.
101.1602 BTA license authorization.
101.1603 Service areas.
101.1604 Conversion of incumbent MDS stations to geographic area 
licensing.
101.1605 Performance requirements.
101.1606 Partitioning and disaggregation.
101.1607 Remote control operations.
101.1608 Unattended operation.
101.1609 License term.


Sec.  101.1601  Purpose and permissible service.

    Multipoint Distribution Service stations may provide any fixed or 
mobile services for which its frequency bands are allocated, subject to 
the technical and other rules contained in this part and subpart.


Sec.  101.1602  BTA license authorization.

    (a) Winning bidders must file an application (FCC Form 601) for an 
initial authorization in each market and frequency block.
    (b) Blanket licenses are granted for each market and frequency 
block. Blanket licenses cover all mobile and response stations. Blanket 
licenses also cover all fixed stations anywhere within the authorized 
service area, except as follows:
    (1) A fixed station (other than a response station) would be 
required to be individually licensed if:
    (i) International agreements require coordination;
    (ii) Submission of an Environmental Assessment is required under 
Sec.  1.1307 of this chapter; and
    (iii) The station would affect the radio quiet zones under Sec.  
1.924 of this chapter.
    (2) Any antenna structure that requires notification to the Federal 
Aviation Administration (FAA) must be registered with the Commission 
prior to construction under Sec.  17.4 of this chapter.


Sec.  101.1603  Service areas.

    Most MDS service areas are Basic Trading Areas (BTAs). BTAs are 
based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 
123rd Edition, at pages 38-39. The following are additional MDS service 
areas in places where Rand McNally has not defined BTAs: American 
Samoa; Guam; Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto 
Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The 
Mayaguez/Aguadilla-Ponce, PR, service area consists of the following 
municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, 
Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, 
Juana Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, 
Patillas, Penuelas, Ponce, Quebradillas, Rincon, Sabana Grande, 
Salinas, San German, Santa Isabel, Villalba and Yauco. The San Juan 
service area consists of all other municipios in Puerto Rico.


Sec.  101.1604  Conversion of incumbent MDS stations to geographic area 
licensing.

    (a) Any MDS station licensed by the Commission prior to [date to be 
decided] as well as assignments and transfers approved by the 
Commission and consummated as of [date to be decided] shall be 
considered incumbent and grandfathered (may continue to

[[Page 34568]]

operate under their licensed parameters).
    (b) As of [date to be decided], all incumbent MDS licenses shall be 
converted to a blanket license. Pursuant to that geographic area 
license, such incumbent licensees may modify their systems provided the 
signal level [specific level to be decided] does not increase outside 
their pre-existing protected service area. The blanket license covers 
all fixed stations anywhere within the authorized service area, except 
as follows:
    (1) A fixed station (other than a response station) would be 
required to be individually licensed if:
    (i) International agreements require coordination;
    (ii) Submission of an Environmental Assessment is required under 
Sec.  1.1307 of this chapter; and
    (iii) The station would affect the radio quiet zones under Sec.  
1.924 of this chapter.
    (2) Any antenna structure that requires notification to the Federal 
Aviation Administration (FAA) must be registered with the Commission 
prior to construction under Sec.  17.4 of this chapter.
    (c) The frequencies associated with incumbent authorizations that 
have been cancelled automatically or otherwise been recovered by the 
Commission will automatically revert to the applicable BTA licensee.


Sec.  101.1605  Performance requirements.

    (a) Incumbent site-based licensees are subject to the construction 
requirements set forth in Sec.  101.63.
    (b) All MDS BTA licensees must demonstrate substantial service at 
the time of license renewal. A licensee's substantial service showing 
should include, but not be limited to, the following information for 
each channel for which it holds a license, in each BTA or portion of a 
BTA covered by their license, in order to qualify for renewal of that 
license. The information provided will be judged by the Commission to 
determine whether the licensee is providing service which rises to the 
level of ``substantial.''
    (1) A description of the MDS licensee's current service in terms of 
geographic coverage;
    (2) Copies of all orders or other adjudications that the licensee 
has violated the Communications Act or the Commission's rules or 
policies;
    (3) A description of the MDS licensee's current service in terms of 
population served, as well as any additional service provided during 
the license term;
    (4) A description of the MDS licensee's investments in its 
system(s) (type of facilities constructed and their operational status 
is required);
    (5) Any MDS licensees adjudged not to be providing substantial 
service will not have their licenses renewed.


Sec.  101.1606  Partitioning and disaggregation.

    (a) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request from the Commission an authorization for 
partial assignment of license. Geographic area licensees may 
participate in aggregation, disaggregation, and partitioning within the 
bands licensed on a geographic area basis.
    (2) Eligible MDS licensees may apply to the Commission to partition 
their licensed geographic service areas to eligible entities and are 
free to determine the portion of their service areas to be partitioned. 
Eligible MDS licensees may aggregate or disaggregate their licensed 
spectrum at any time following the grant of a license.
    (b) Technical standards. (1) There is no limitation on the amount 
of spectrum that an MDS licensee may aggregate.
    (2) Spectrum may be disaggregated in any amount. A licensee need 
not retain a minimum amount of spectrum.
    (3) In the case of partitioning, applicants and licensees must file 
FCC Form 603 pursuant to Sec.  1.948 of this chapter and list the 
partitioned service area on a schedule to the application. The 
geographic coordinates must be specified in degrees, minutes, and 
seconds to the nearest second of latitude and longitude, and must be 
based upon the 1983 North American Datum (NAD83).
    (4) Combined partitioning and disaggregation. The Commission will 
consider requests from geographic area licensees for partial assignment 
of licenses that propose combinations of partitioning and 
disaggregation.
    (c) Construction requirements. (1) Disaggregation. Partial 
assignors and assignees for license disaggregation have two options to 
meet construction requirements. Under the first option, the 
disaggregator and disaggregate would certify that they each will share 
responsibility for meeting the applicable construction requirements set 
forth in Sec.  101.1605 for the geographic service area. If parties 
choose this option and either party fails to demonstrate substantial 
service, both licenses would be subject to forfeiture at renewal. The 
second option allows the parties to agree that either the disaggregator 
or disaggregate would be responsible for meeting the requirements in 
Sec.  101.1605 for the geographic service area. If parties choose this 
option, and the party responsible for meeting the construction 
requirement fails to do so, only the license of the non-performing 
party would be subject to forfeiture at renewal.
    (2) Partitioning. Partial assignors and assignees for license 
partitioning have two options to meet construction requirements. Under 
the first option, the partitionor and partitionee would each certify 
that they will independently provide substantial service for their 
respective partitioned areas. If either licensee fails to meet its 
requirement in Sec.  101.1605, only the non-performing licensee's 
renewal application would be subject to dismissal. Under the second 
option, the partitionor certifies that it has met or will meet the 
requirement in Sec.  101.1605 for the entire market. If the partitionor 
fails to meet the requirement in Sec.  101.1605, however, only its 
license would be subject to forfeiture at renewal.
    (3) All applications requesting partial assignments of license for 
partitioning or disaggregation must certify in the appropriate portion 
of the application which construction option is selected.
    (4) Responsible parties must submit supporting documents as 
required by Sec.  101.1505.
    (d) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term.


Sec.  101.1607  Remote control operation.

    MDS stations may be operated by remote control without further 
authority.


Sec.  101.1608  Unattended operation.

    Unattended operation of licensed MDS stations is permitted without 
further authority. An unattended relay station may be employed to 
receive and retransmit signals of another station provided that the 
transmitter is equipped with circuits which permit it to radiate only 
when the signal intended to be retransmitted is present at the receiver 
input terminals.


Sec.  101.1609  License term.

    (a) Incumbent MDS licenses shall be issued for a period of 10 years 
beginning with the date of grant.
    (b) A BTA authorization shall be issued for a period of ten years 
from the date the Commission declared bidding closed in the MDS 
auction.

[FR Doc. 03-14222 Filed 6-9-03; 8:45 am]
BILLING CODE 6712-01-P