[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Rules and Regulations]
[Page 38635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16376]


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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) 
denies petitions for reconsideration of the FCC's decision to prohibit 
aeronautical mobile operations in the 4940-4990 MHz (4.9 GHz) band. 
While the FCC believes that it could fashion no general rule that would 
adequately protect radio astronomy operations without being so 
restrictive as to limit the utility of pursuing aeronautical mobile 
operations in the 4.9 GHz band, the FCC nonetheless recognizes the 
public safety community's interest in utilizing the 4.9 GHz band for 
aeronautical mobile operations. Thus, the FCC provides a mechanism 
whereby such operations could be allowed on a case-by-case basis 
provided that there is a sufficient technical showing made that the 
proposed operations would not interfere with in-band and adjacent band 
radio astronomy operations.

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.

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Memorandum 
Opinion 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 the Second Report and Order (Second Report and Order), 67 FR 
17308, April 9, 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. In this Memorandum Opinion and Order (MO&O), 
the FCC addresses petitions for reconsideration of the Second R&O.
    2. In the MO&O, the FCC denies petitions for reconsideration of the 
FCC's decision to prohibit aeronautical mobile operations in the 4.9 
GHz band. The FCC believes that there is insufficient information 
demonstrating that it could fashion a general rule that would 
adequately protect radio astronomy operations in all scenarios. The FCC 
is also concerned that any general rule would be so restrictive as to 
limit the utility of pursuing aeronautical mobile operations in the 4.9 
GHz band. The FCC nonetheless recognizes the public safety community's 
interest in utilizing the 4.9 GHz band for aeronautical mobile 
operations and provides a mechanism whereby such operations could be 
allowed on a case-by-case basis provided that there is a sufficient 
technical showing made that the proposed operations would not interfere 
with in-band and adjacent band radio astronomy operations. This action 
strikes the appropriate balance between the FCC's goals of protecting 
radio astronomy operations and promoting effective public safety 
communications and innovation in wireless broadband services in support 
of public safety.

I. Ordering Clauses

    3. The Chief, Wireless Telecommunications Bureau and the Chief, 
Office of Engineering and Technology, are granted delegated authority 
to adjudicate waiver requests to utilize the 4.9 GHz band for 
aeronautical mobile operations.

Federal Communications Commission
Marlene H. Dortch,
Secretary.
[FR Doc. 03-16376 Filed 6-27-03; 8:45 am]
BILLING CODE 6712-01-U