[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Rules and Regulations]
[Pages 38635-38641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16375]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[WT Docket No. 00-32; FCC 03-99]


The 4.9 GHz Band Transferred From Federal Government Use

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC) 
establishes licensing and service rules for the 4940-4990 MHz band (4.9 
GHz band). By this action, the FCC seeks to promote effective public 
safety communications and innovation in wireless broadband services in 
support of public safety. The FCC further endeavors to provide 4.9 GHz 
band licensees with the maximum operational flexibility practicable and 
to encourage effective and efficient utilization of the spectrum. The 
actions herein make significant strides towards ensuring that agencies 
involved in the protection of life and property possess the 
communications resources needed to successfully carry out their 
mission.

DATES: Effective July 30, 2003. Public and agency comments regarding 
information collection are due August 29, 2003.

ADDRESSES: 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Tim Maguire, [email protected], or 
Genevieve Augustin, [email protected], Public Safety and Private 
Wireless Division, Wireless Telecommunications Bureau, (202) 418-0680, 
or TTY (202) 418-7233

[[Page 38636]]


SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Third Report 
and Order, FCC 03-99, adopted on April 23, 2003, and released on May 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://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-99A1.pdf. 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. In this Third Report and Order (Third R&O), the FCC establishes 
licensing and service rules for the 4940-4990 MHz band (4.9 GHz band). 
In the Second Report and Order and Further Notice of Proposed Rule 
Making, 67 FR 20914, April 29, 2002, in this proceeding, the FCC 
allocated the fifty megahertz of spectrum in the 4.9 GHz band for fixed 
and mobile services (except aeronautical mobile service) and designated 
the band for use in support of public safety. The FCC also sought 
comment on licensing and service rules, eligibility, and other 
technical issues concerning the 4.9 GHz band.
    2. By this action, the FCC seeks to promote effective public safety 
communications and innovation in wireless broadband services in support 
of public safety. The rules adopted herein represent another step in 
the FCC's ongoing efforts to develop a regulatory framework in which to 
meet the current and future public safety communications needs. For 
example, the rules for the 4.9 GHz band that the FCC adopts herein are 
intended to accommodate a variety of new broadband applications such as 
high-speed digital technologies and wireless local area networks for 
incident scene management, dispatch operations and vehicular 
operations. The FCC's action also fosters interoperability by providing 
a regulatory framework in which traditional public safety entities can 
pursue strategic partnerships with both traditional public safety 
entities, such as the Federal Government, and non-traditional public 
safety entities, such as utilities and commercial entities, in support 
of their missions regarding homeland security and protection of life 
and property.
    3. The FCC envisions that the 4.9 GHz band will be able to 
accommodate a variety of broadband applications, including technologies 
and operations requiring varying bandwidths and operations that are 
both temporary and permanent in nature. Consequently, in this Third 
R&O, the FCC endeavors to provide 4.9 GHz band licensees with the 
maximum operational flexibility practicable and to encourage effective 
and efficient utilization of the spectrum. The FCC believes that its 
actions herein make significant strides towards ensuring that agencies 
involved in the protection of life and property possess the 
communications resources needed to successfully carry out their 
mission.
    4. In the Third R&O, the FCC establishes licensing and service 
rules for the 4.9 GHz band. The major decisions the FCC reaches are as 
follows:
    [sbull] Limits eligibility for licensing in the 4.9 GHz band to 
those entities providing ``public safety services'' wherein public 
safety services are defined as services:
    (A) The sole or principal purpose of which is to protect the safety 
of life, health, or property;
    (B) that are provided
    (i) by State or local government entities; or
    (ii) by nongovernmental organizations that are authorized by a 
government entity whose primary mission is the provision of such 
services; and
    (C) that are not made commercially available to the public by the 
provider.
    [sbull] The FCC permits broadband mobile operations, fixed hotspot 
use, and temporary fixed links on a primary basis in the band. 
Furthermore, the FCC allows fixed point-to-point operations on a 
secondary basis.
    [sbull] The FCC establishes a ``jurisdictional'' geographical 
licensing approach for operations in the band, whereby licensees will 
be authorized to operate in those geographic areas over which they have 
jurisdiction and will be required to cooperate in use of the spectrum.

Procedural Matters

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

    5. This is a permit-but-disclose notice and comment rule making 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
FCC's rules.

B. Regulatory Flexibility Act

    6. The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. Accordingly, the FCC has prepared a Final Regulatory 
Flexibility Analysis concerning the impact of the rule changes 
contained in the Third R&O on small entities. The Final Regulatory 
Flexibility Analysis is set forth below.

C. Paperwork Reduction Act

    7. This Third R&O contains new information collection(s) subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will 
be submitted to the Office of Management and Budget (OMB) for review 
under the PRA. The FCC, as part of its continuing effort to reduce 
paperwork burdens, invites the general public, the OMB and other 
Federal agencies to comment on the information collection(s) contained 
in this Third R&O, as required by the PRA.
    8. Public and agency comments are due August 29, 2003. Comments 
should address: (a) Whether the modified collection of information is 
necessary for the proper performance of the functions of the FCC, 
including whether the information shall have practical utility; (b) the 
accuracy of the FCC's burden estimates; (c) ways to enhance the 
quality, utility, and clarity of the information collected; and (d) 
ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology.

Final Regulatory Flexibility Analysis

    9. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Further 
Notice of Proposed Rule Making (FNPRM). The FCC sought written public 
comment on the proposals in the FNPRM, including comment on the IRFA. 
No comments were submitted specifically in response to the IRFA; the 
FCC nonetheless discusses certain general comments below. This present 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Report and Order

    10. In this Third Report and Order (Third Report and Order), the 
FCC adopts eligibility and service rules for the licensing and 
operation of fixed and mobile services in the 4.9 GHz band pursuant to 
the Omnibus Budget Reconciliation Act. These rules provide 4.9 GHz band 
eligibles with maximum flexibility to employ a variety of new broadband 
applications such as high-speed digital technologies, wireless local 
area networks for incident scene

[[Page 38637]]

management, dispatch operations and vehicular/personal communications. 
Additionally, public safety entities will be permitted to employ ``hot 
spot'' operations, temporary fixed links, and traditional backbone 
microwave operations in the band. The rules the FCC adopts herein 
ensure that public safety entities will enjoy the greatest possibility 
of unhindered use of this spectrum while fostering partnership 
opportunities with critical infrastructure and commercial entities, and 
will fulfill the FCC's obligations as mandated by Congress to assign 
this spectrum for non-Government use.

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

    11. No comments were submitted specifically in response to the 
IRFA. In general comments, however, some commenters expressed concern 
with the FCC's proposal to limit eligibility in the 4.9 GHz band to 
traditional public safety entities as defined by section 337(f) of the 
Communications Act. For example, the Association of American Railroads 
urges the FCC to adopt a definition of public safety services, pursuant 
to section 309(j)(2) of the Communications Act, that would allow 
critical infrastructure entities (CIEs) such as railroads and utility 
companies to acquire licenses in the 4.9 GHz band. Although under the 
rules the FCC adopts, CIEs are not eligible to hold licenses in this 
band, the FCC has considered the effect of these rule changes on small 
entities and considered other alternatives. In particular, the FCC 
notes that CIEs will have access to this spectrum through sharing 
agreements with public safety licensees. The FCC believes that this 
item strikes an appropriate balance between competing spectrum needs 
and expect that the FCC's actions will mostly benefit all entities 
subject to these rule changes, including small entities.

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

    12. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA 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).
    13. Nationwide, as of 1992, there were approximately 275,801 small 
organizations. ``Small governmental jurisdiction'' generally means 
``governments of cities, counties, towns, townships, villages, school 
districts, or special districts, with a population of less than 
50,000.'' As of 1992, there were approximately 85,006 such 
jurisdictions in the United States. This number includes 38,978 
counties, cities, and towns; of these, 37,566, or ninety-six percent, 
have populations of fewer than 50,000. The Census Bureau estimates that 
this ratio is approximately accurate for all governmental entities. 
Thus, of the 85,006 governmental entities, the FCC estimates that 
81,600 (ninety-one percent) are small entities.
    14. The rules adopted will affect users of public safety radio 
services. These rules may also affect manufacturers of radio 
communications equipment. An analysis of the number of small businesses 
that may be affected follows. The FCC also notes that according to SBA 
data, there are approximately 4.44 million small businesses nationwide.
    15. Small Businesses Sharing Spectrum with Public Safety Radio 
Services and Governmental Entities. As a general matter, Public Safety 
Radio Services include police, fire, local government, forestry 
conservation, highway maintenance, and emergency medical services. Non-
Federal governmental entities, as well as certain private businesses 
authorized by governmental entities, are potential licensees for these 
services in this proceeding. Neither the FCC nor the SBA has developed 
a definition of small businesses directed specifically toward the 
public service work at issue. Therefore, the applicable definition of 
small business is the definition under the SBA rules applicable to 
Cellular and other Wireless Telecommunications. This provides that a 
small business is a radiotelephone company employing no more than 1,500 
persons.
    16. Equipment Manufacturers. The FCC anticipates that at least six 
radio equipment manufacturers will be affected by the FCC's decisions 
in this proceeding. According to SBA regulations, a Radio and 
Television Broadcasting and Wireless Communications Equipment 
Manufacturing businesses must have 750 or fewer employees in order to 
qualify as a small business concern.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    17. Applicants for licenses to provide terrestrial fixed and mobile 
services in the 4.9 GHz band must submit license applications through 
the Universal Licensing System using FCC Form 601, and follow the 
service rules at 47 CFR part 90.

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

    18. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    19. Regarding the FCC's decision to limit eligibility in the 4.9 
GHz band to traditional public safety entities, the FCC realizes that 
certain commercial and critical infrastructure small business entities 
that might have wished to operate in this newly available spectrum may 
be adversely affected, in that they will not be able to obtain a 
license to operate in this band. This concern is mitigated, however, by 
the fact that the FCC will allow public safety entities to enter into 
sharing agreements with entities performing operations in support of 
public safety. Moreover, the FCC believes that in this instance, there 
is a compelling need for spectrum dedicated to public safety operations 
and that the FCC's approach here will ensure that such operations are 
not hampered by excessive frequency congestion. An alternative would be 
to expand the definition of public safety eligibles and/or to allow 
commercial use of the subject band; however, this would undermine the 
FCC's intention to promote public safety service in this band.
    20. Regarding the FCC's decision to license the 4.9 GHz band via a 
jurisdictional licensing scheme, the FCC does not believe that there 
will be any significant adverse impact on small entities. In fact, this 
approach will give public safety entities which are considered small 
entities under the RFA the ability to obtain licenses for the

[[Page 38638]]

entire 50 MHz of spectrum in this band and to choose the types of 
operations that best suit their individual needs. An alternative would 
be to license this spectrum on a state-wide basis or to require the use 
of some type of formal frequency coordination committee. The FCC does 
not believe, however, that frequency coordination would benefit 
licensees in all parts of the country, and state-wide licenses would 
not give smaller, local jurisdictions control over what types of 
operations might best suit their individual needs.
    21. Regarding the FCC's decision to allow both fixed and mobile 
use, as well as point-to-point microwave operations on a secondary 
basis in the 4.9 GHz band, the FCC does not anticipate any adverse 
affect on small entities. Instead, the FCC's approach here should 
benefit public safety entities by allowing greater flexibility in 
meeting each licensee's particular operational needs.
    22. Regarding the FCC's decision to implement a frequency 
utilization plan in the 4.9 GHz band consisting of one and five MHz 
channels, the FCC does not anticipate any adverse affect on small 
entities. In the event that public safety entities determine that 
greater channel bandwidths are needed, licensees may aggregate their 
channels.
    23. Regarding the FCC's decision declining to require use of a 
particular technology for equipment in the 4.9 GHz band, the FCC does 
not anticipate any adverse affect on small entities. The FCC believes 
that the imposition of specific technology could impede the utilization 
of emerging technologies in the band and that greater flexibility is 
consequently warranted.
    24. The FCC's decisions regarding fixed and mobile technical 
standards should not result in any adverse impact to small entities. 
Alternatively, the FCC could have adopted higher or lower power and 
emissions limits, but the FCC believes that the rules it adopts herein 
strike an appropriate balance between offering licensees maximum 
flexibility in their utilization of the 4.9 GHz band and minimizing the 
risk of harmful interference.

Report to Congress

    25. The FCC will send a copy of this Third R&O, including this 
FRFA, in a report to Congress pursuant to the Congressional Review Act. 
In addition, the FCC will send a copy of this Third R&O, including this 
FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of this Third R&O and FRFA (or summaries 
thereof) will also be published in the Federal Register.

Ordering Clauses

    26. Pursuant to sections 4(i), 303(r), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 403, 
this Third R&O IS HEREBY ADOPTED.
    27. Parts 2 and 90 of the FCC's rules ARE AMENDED as specified in 
rule changes and effective July 30, 2003.

List of Subjects in 47 CFR Parts 2 and 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble the FCC amends 47 CFR parts 2 
and 90 as follows:

I. 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 2.103 is amended by revising paragraph (b) introductory text 
to read as follows:


Sec.  2.103  Government use of non-Government frequencies.

* * * * *
    (b) Government stations may be authorized to use channels in the 
764-776 MHz, 794-806 MHz and 4940-4990 MHz public safety bands with 
non-Government entities if the Commission finds such use necessary; 
where:
* * * * *

0
3. Section 2.1091 is amended by revising paragraph (c) as follows:


Sec.  2.1091  Radiofrequency radiation exposure evaluation: mobile 
devices.

* * * * *
    (c) Mobile devices that operate in the Cellular Radiotelephone 
Service, the Personal Communications Services, the Satellite 
Communications Services, the General Wireless Communications Service, 
the Wireless Communications Service, the Maritime Services, the 4.9 GHz 
Band Service and the Specialized Mobile Radio Service authorized under 
subpart H of part 22 of this chapter, part 24 of this chapter, part 25 
of this chapter, part 26 of this chapter, part 27 of this chapter, part 
80 of this chapter (ship earth stations devices only) and part 90 of 
this chapter are subject to routine environmental evaluation for RF 
exposure prior to equipment authorization or use if they operate at 
frequencies of 1.5 GHz or below and their effective radiated power 
(ERP) is 1.5 watts or more, or if they operate at frequencies above 1.5 
GHz and their ERP is 3 watts or more. Unlicensed personal 
communications service devices, unlicensed millimeter wave devices and 
unlicensed NII devices authorized under Sec.  15.253, Sec.  15.255, and 
subparts D and E of part 15 of this chapter are also subject to routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use if their ERP is 3 watts or more or if they meet 
the definition of a portable device as specified in Sec.  2.1093 (b) 
requiring evaluation under the provisions of that section. All other 
mobile and unlicensed transmitting devices are categorically excluded 
from routine environmental evaluation for RF exposure prior to 
equipment authorization or use, except as specified in Sec. Sec.  
1.1307(c) and 1.1307(d) of this chapter. Applications for equipment 
authorization of mobile and unlicensed transmitting devices subject to 
routine environmental evaluation must contain a statement confirming 
compliance with the limits specified in paragraph (d) of this section 
as part of their application. Technical information showing the basis 
for this statement must be submitted to the Commission upon request.
* * * * *

0
4. Section 2.1093 is amended by revising paragraph (c) as follows:


Sec.  2.1093  Radiofrequency radiation exposure evaluation: portable 
devices.

* * * * *
    (c) Portable devices that operate in the Cellular Radiotelephone 
Service, the Personal Communications Service (PCS), the Satellite 
Communications Services, the General Wireless Communications Service, 
the Wireless Communications Service, the Maritime Services, the 
Specialized Mobile Radio Service, the 4.9 GHz Band Service, the 
Wireless Medical Telemetry Service (WMTS) and the Medical Implant 
Communications Service (MICS), authorized under subpart H of part 22 of 
this chapter, parts 24, 25, 26, 27, 80, 90, subparts H and I of part 95 
of this chapter, and unlicensed personal communication service, 
unlicensed NII devices and millimeter wave devices authorized under 
subparts D and E, Sec.  15.253 and Sec.  15.255 of part 15 of this 
chapter are subject to routine environmental evaluation for RF

[[Page 38639]]

exposure prior to equipment authorization or use. All other portable 
transmitting devices are categorically excluded from routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use, except as specified in Sec. Sec.  1.1307(c) and 
1.1307(d) of this chapter. Applications for equipment authorization of 
portable transmitting devices subject to routine environmental 
evaluation must contain a statement confirming compliance with the 
limits specified in paragraph (d) of this section as part of their 
application. Technical information showing the basis for this statement 
must be submitted to the Commission upon request.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
5. The authority citation for part 90 continues to read as follows:

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


0
6. Section 90.20 is amended by inserting the following frequency in the 
table at paragraph (c)(3) before the entry referencing the 10,550 to 
10,680 band, and adding paragraph (d)(85) to read as follows:


Sec.  90.20  Public Safety Pool.

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

                                       Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
             Frequency or band                      Class of station(s)           Limitations      Coordinator
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
4940 to 4990..............................  Fixed, base or mobile.............              85   ...............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) * * *
    (85) Subpart Y of this part contains rules for assignment of 
frequencies in the 4940-4990 MHz band.
* * * * *

0
7. Section 90.137 is amended by adding paragraph (c) to read as 
follows:


Sec.  90.137  Applications for operation at temporary locations.

* * * * *
    (c) The provisions of this section do not apply to the 4940-4990 
MHz band.


0
8. Section 90.155 is amended by revising paragraph (a) to read as 
follows:


Sec.  90.155  Time in which a station must be placed in operation.

    (a) All stations authorized under this part, except as provided in 
sections 90.629, 90.631(f), 90.665, 90.685 and 90.1209, must be placed 
in operation within twelve (12) months from the date of grant or the 
authorization cancels automatically and must be returned to the 
Commission.
* * * * *

0
9. Section 90.175 is amended by revising paragraph (i) and adding a new 
paragraph (j)(17) to read as follows:


Sec.  90.175  Frequency coordination requirements.

* * * * *
    (i) Applications for facilities near the Canadian border north of 
line A or east of line C in Alaska may require coordination with the 
Canadian government. See Sec.  1.928 of this chapter. * * *
    (j) * * *
* * * * *
    (17) Applications for frequencies in the 4940-4990 MHz band.

0
10. Section 90.205 is amended by redesignating paragraphs (o) through 
(q) as (p) through (r), and adding paragraph (o) to read as follows:


Sec.  90.205  Power and antenna height limits.

* * * * *
    (o) 4940-4990 MHz. Limitations on power are specified in Sec.  
90.1215.
* * * * *

0
11. Section 90.210 is amended by adding a new frequency band entry to 
the table in the undesignated paragraph in numerical order, by 
redesignating paragraphs (l) and (m) as paragraphs (m) and (n) and by 
adding a new paragraph (l) to read as follows:


Sec.  90.210  Emission masks.

* * * * *

                        Applicable Emission Masks
------------------------------------------------------------------------
                                                            Mask for
                                   Mask for equipment  equipment without
      Frequency band  (MHz)          with audio low      audio low pass
                                       pass filter           filter
------------------------------------------------------------------------
 
                                * * * * *
4940-4990 MHz....................  L                   L
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
    (l) Emission Mask L. For transmitters operating in the 4940-4990 
MHz frequency band, any emission must be attenuated below the output 
power of the transmitter as follows:
    (1) On any frequency removed from the assigned frequency by more 
than 40 percent but less than 75 percent of the authorized bandwidth: 
At least 28 dB.
    (2) On any frequency removed from the assigned frequency by more 
than 75 percent but less than 125 percent of the authorized bandwidth: 
At least 37 dB.
    (3) On any frequency removed from the assigned frequency by more 
than 125 percent but less than 150 percent of the authorized bandwidth: 
At least 41 dB.
    (4) On any frequency removed from the assigned frequency by more 
than 150 percent of the authorized bandwidth: At least 53 dB.
    (5) On any frequency outside the channel bandwidth, the power 
spectral density of the device must meet the attenuation in the mask 
above or -53 dBm/MHz, whichever is the lesser attenuation.
    (6) The zero dB reference is measured relative to the highest 
average power of the fundamental emission measured across the 
designated channel bandwidth using a resolution bandwidth of at least 
one percent of the occupied bandwidth of the fundamental emission. 
Emission levels are also based on the use of measurement 
instrumentation employing a resolution bandwidth of at least one 
percent of the occupied bandwidth.
* * * * *

0
12. Subpart Y is added to read as follows:

[[Page 38640]]

Subpart Y--Regulations Governing Licensing and Use of Frequencies 
in the 4940-4990 MHz Band

Sec.
Sec.  90.1201 Scope.
Sec.  90.1203 Eligibility.
Sec.  90.1205 Permissible operations.
Sec.  90.1207 Licensing.
Sec.  90.1209 Policies governing the use of the 4940-4990 MHz band.
Sec.  90.1211 Regional plan.
Sec.  90.1213 Band plan.
Sec.  90.1215 Power limits.
Sec.  90.1217 RF hazards.

Subpart Y--Regulations Governing Licensing and Use of Frequencies 
in the 4940-4990 MHz Band


Sec.  90.1201  Scope.

    This subpart sets out the regulations governing use of the 4940-
4990 MHz (4.9 GHz) band. It includes eligibility requirements, and 
specific operational and technical standards for stations licensed in 
this band. The rules in this subpart are to be read in conjunction with 
the applicable requirements contained elsewhere in this part; however, 
in case of conflict, the provisions of this subpart shall govern with 
respect to licensing and operation in this band.


Sec.  90.1203  Eligibility.

    (a) Entities providing public safety services as defined under 
section 90.523 are eligible to hold a Commission license for systems 
operating in the 4940-4990 MHz band. All of the requirements and 
conditions set forth in that section also govern authorizations in the 
4940-4990 MHz band.
    (b) 4.9 GHz band licensees may enter into sharing agreements or 
other arrangements for use of the spectrum with entities that do not 
meet these eligibility requirements. However, all applications in the 
band are limited to operations in support of public safety.


Sec.  90.1205  Permissible operations.

    (a) Unattended and continuous operation is permitted.
    (b) Voice, data and video operations are permitted.
    (c) Aeronautical mobile operations are prohibited.


Sec.  90.1207  Licensing.

    (a) A 4940-4990 MHz band license gives the licensee authority to 
operate on any authorized channel in this band within its licensed area 
of operation. See Sec.  90.1213. A 4940-4990 MHz band license will be 
issued for the geographic area encompassing the legal jurisdiction of 
the licensee or, in case of a nongovernmental organization, the legal 
jurisdiction of the state or local governmental entity supporting the 
nongovernmental organization.
    (b) Subject to Sec.  90.1209, a 4940-4990 MHz band license gives 
the licensee authority to construct and operate any number of base 
stations anywhere within the area authorized by the license, except as 
follows:
    (1) A station is 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; or
    (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) A 4940-4990 MHz band license gives the licensee authority to 
operate base and mobile units (including portable and handheld units) 
and operate temporary (1 year or less) fixed stations anywhere within 
the area authorized by the license. Such licensees may operate base and 
mobile units and/or temporary fixed stations outside their authorized 
area to assist public safety operations with the permission of the 
jurisdiction in which the radio station is to be operated. Base and 
temporary fixed stations are subject to the requirements of paragraph 
(b) of this section.
    (d) A 4940-4990 MHz band license does not give the licensee 
authority to operate permanent fixed point-to-point stations. Licensees 
choosing to operate such fixed stations must license them individually 
on a site-by-site basis. Such fixed operation will be authorized only 
on a secondary, non-interference basis to base, mobile and temporary 
fixed operations.


Sec.  90.1209  Policies governing the use of the 4940-4990 MHz band.

    (a) Channels in this band are available on a shared basis only and 
will not be assigned for the exclusive use of any licensee.
    (b) All licensees shall cooperate in the selection and use of 
channels in order to reduce interference and make the most effective 
use of the authorized facilities. Licensees of stations suffering or 
causing harmful interference are expected to cooperate and resolve this 
problem by mutually satisfactory arrangements. If licensees are unable 
to do so, the Commission may impose restrictions including specifying 
the transmitter power, antenna height, or area or hours of operation of 
the stations concerned. Further, the Commission may prohibit the use of 
any 4.9 GHz channel under a system license at a given geographical 
location when, in the judgment of the Commission, its use in that 
location is not in the public interest.
    (c) Licensees will make every practical effort to protect radio 
astronomy operations as specified in Sec.  2.106, footnote US311 of 
this chapter.
    (d) There is no time limit for which base and temporary fixed 
stations authorized under a 4940-4990 MHz band license must be placed 
in operation. Fixed point-to-point stations which are licensed on a 
site-by-site basis must be placed in operation within 18 months of the 
grant date or the authorization for that station cancels automatically.


Sec.  90.1211  Regional plan.

    (a) To facilitate the shared use of the 4.9 GHz band, each region 
may submit a plan on guidelines to be used for sharing the spectrum 
within the region. Any such plan must be submitted to the Commission 
within 12 months of the effective date of the rules.
    (b) Such plans must incorporate the following common elements:
    (1) Identification of the document as a plan for sharing the 4.9 
GHz band with the region specified along with the names, business 
addresses, business telephone numbers and organizational affiliations 
of the chairperson(s) and all members of the planning committee.
    (2) A summary of the major elements of the plan and an explanation 
of how all eligible entities within the region were given an 
opportunity to participate in the planning process and to have their 
positions heard and considered fairly.
    (3) An explanation of how the plan was coordinated with adjacent 
regions.
    (4) A description of the coordination procedures for both temporary 
fixed and mobile operations, including but not limited to, mechanisms 
for incident management protocols, interference avoidance and 
interoperability.
    (c) Regional plans may be modified by submitting a written request, 
signed by the regional planning committee, to the Chief, Wireless 
Telecommunications Bureau. The request must contain the full text of 
the modification, and a certification that all eligible entities had a 
chance to participate in discussions concerning the modification and 
that any changes have been coordinated with adjacent regions.

[[Page 38641]]

Sec.  90.1213  Band plan.

    The following channel center frequencies are permitted to be 
aggregated for channel bandwidths of 5, 10, 15 or 20 MHz. Channel 
numbers 1 through 5 and 15 through 18 are 1 MHz channels and channels 
numbers 6 through 14 are 5 MHz channels.

------------------------------------------------------------------------
                                                                Channel
                   Center frequency  (MHz)                        Nos.
------------------------------------------------------------------------
4940.5.......................................................          1
4941.5.......................................................          2
4942.5.......................................................          3
4943.5.......................................................          4
4944.5.......................................................          5
4947.5.......................................................          6
4952.5.......................................................          7
4957.5.......................................................          8
4962.5.......................................................          9
4967.5.......................................................         10
4972.5.......................................................         11
4977.5.......................................................         12
4982.5.......................................................         13
4985.5.......................................................         14
4986.5.......................................................         15
4987.5.......................................................         16
4988.5.......................................................         17
4989.5.......................................................         18
------------------------------------------------------------------------

Sec.  90.1215  Power limits.

    The transmitting power of stations operating in the 4940-4990 MHz 
band must not exceed the maximum limits in this section.
    (a) The peak transmit power should not exceed:

------------------------------------------------------------------------
                                                                Peak
                 Channel bandwidth  (MHz)                    transmitter
                                                            power  (dBm)
------------------------------------------------------------------------
1.........................................................          20
5.........................................................          27
10........................................................          30
15........................................................          31.8
20........................................................          33
------------------------------------------------------------------------

    Devices are also limited to a peak power spectral density of 20 dBm 
per 1 MHz. Devices using channel bandwidths other than those listed 
above are permitted; however, they are limited to a peak power spectral 
density of 20 dBm/MHz. If transmitting antennas of directional gain 
greater than 9 dBi are used, both the peak transmit power and the peak 
power spectral density should be reduced by the amount in decibels that 
the directional gain of the antenna exceeds 9 dBi. However, point-to-
point or point-to-multipoint operation (both fixed and temporary-fixed 
rapid deployment) may employ transmitting antennas with directional 
gain up to 26 dBi without any corresponding reduction in the 
transmitter power or spectral density. Corresponding reduction in the 
peak transmit power and peak power spectral density should be the 
amount in decibels that the directional gain of the antenna exceeds 26 
dBi.
    (b) The peak transmit power is measured as a conducted emission 
over any interval of continuous transmission calibrated in terms of an 
rms-equivalent voltage. If the device cannot be connected directly, 
alternative techniques acceptable to the Commission may be used. The 
measurement results shall be properly adjusted for any instrument 
limitations, such as detector response times, limited resolution 
bandwidth capability when compared to the emission bandwidth, 
sensitivity, etc., so as to obtain a true peak measurement conforming 
to the definitions in this paragraph for the emission in question.
    (c) The peak power spectral density is measured as a conducted 
emission by direct connection of a calibrated test instrument to the 
equipment under test. If the device cannot be connected directly, 
alternative techniques acceptable to the Commission may be used. 
Measurements are made over a bandwidth of 1 MHz or the 26 dB emission 
bandwidth of the device, whichever is less. A resolution bandwidth less 
than the measurement bandwidth can be used, provided that the measured 
power is integrated to show total power over the measurement bandwidth. 
If the resolution bandwidth is approximately equal to the measurement 
bandwidth, and much less than the emission bandwidth of the equipment 
under test, the measured results shall be corrected to account for any 
difference between the resolution bandwidth of the test instrument and 
its actual noise bandwidth.


Sec.  90.1217  RF Hazards.

    Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. Sec.  1.1307(b), 
2.1091 and 2.1093 of this chapter, as appropriate. Applications for 
equipment authorization of mobile or portable devices operating under 
this section must contain a statement confirming compliance with these 
requirements for both fundamental emissions and unwanted emissions. 
Technical information showing the basis for this statement must be 
submitted to the Commission upon request.

[FR Doc. 03-16375 Filed 6-27-03; 8:45 am]
BILLING CODE 6712-01-P