[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Proposed Rules]
[Pages 52156-52168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22200]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 27, 87, and 97

[ET Docket No. 00-258 and WT Docket No. 02-8; FCC 03-134]


Federal Government 3G Relocation

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to make spectrum available for Federal 
Government operations that will be displaced from the band 1710-1850 
MHz as a result of making the 1710-1755 MHz segment available to 
support the introduction of new non-Federal Government advanced 
wireless services (AWS), including third generation wireless (3G) 
systems. The implementation of these proposals would substantially 
clear the band 1710-1755 MHz of Federal Government operations that 
would have otherwise impeded the development of new nationwide AWS 
services.

DATES: Written comments are due November 3, 2003, and reply comments 
are due December 1, 2003.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
445 12th Street, SW., TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, (202) 418-2450, TTY (202) 418-2989, e-mail: 
[email protected].

[[Page 52157]]


SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth 
Notice of Proposed Rule Making, ET Docket 00-258 and WT Docket No. 02-
8, FCC 03-134, adopted June 13, 2003, and released July 7, 2003. The 
full text of this document is available for inspection and copying 
during regular business hours in the FCC Reference Center (Room CY-
A257), 445 12th Street, SW., Washington, DC 20554. The complete text of 
this document also may be purchased from the Commission's copy 
contractor, Qualex International, 445 12th Street, SW., Room, CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: 
www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments on or before 
November 3, 2003, and reply comments on or before December 1, 2003. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (May 1, 1998). 
Comments filed through the ECFS can be sent as an electronic file via 
the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only 
one copy of an electronic submission must be filed. If multiple docket 
or rulemaking numbers appear in the caption of this proceeding, 
however, commenters must transmit one electronic copy of the comments 
to each docket or rulemaking number referenced in the caption. In 
completing the transmittal screen, commenters should include their full 
name, U.S. Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties may also submit an electronic comment by 
Internet e-mail. To get filing instructions for e-mail comments, 
commenters should send an e-mail to [email protected], and should include 
the following words in the body of the message, ``get form  2000 W
                                          ERP (3280 W EIRP)
                                         Building-mounted antennas:
                                          total power of all channels
                                           2000 W ERP (3280 W
                                          EIRP)
                                         (2) for the 746-764 MHz, 776-
                                          794 MHz, 2305-2320 MHz, and
                                          2345-2360 MHz bands
                                         Total power of all channels  1000 W ERP (1640 W
                                          EIRP)
 
                              * * * * * * *
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[[Page 52163]]

* * * * *

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

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

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

    4. Amend Sec.  2.106 as follows:
    a. Revise pages 48, 50, and 51 of the Table.
    b. In the list of United States footnotes, revise footnotes US276 
and US346, remove US363, and add footnote USxxx.
    c. In the list of non-Federal Government footnotes, remove footnote 
NG174.
    d. In the list of Federal Government footnotes, revise footnotes 
G2, G120, and G122.
    The revisions and additions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
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* * * * *
United States (US) Footnotes
* * * * *

    US276 Except as otherwise provided for herein, use of the bands 
and 2320-2345 MHz and 2360-2395 MHz by the mobile service is limited 
to Federal Government aeronautical mobile applications and to non-
Federal Government aeronautical telemetering and associated 
telecommand operations for flight testing of aircraft, missiles or 
major components thereof. The following four frequencies are shared 
on a co-equal basis by Federal and non-Federal Government stations 
for telemetering and associated telecommand operations of expendable 
and reusable launch vehicles whether or not such operations involve 
flight testing: 2332.5 MHz, 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz. 
Other Federal Government mobile uses and other non-Federal 
Government mobile telemetering uses shall be secondary to the above 
uses.
* * * * *
    US346 Except as provided for below and by footnote US222, 
Federal Government use of the band 2025-2110 MHz by the space 
operation service (Earth-to-space), Earth exploration-satellite 
service (Earth-to-space), and space research service (Earth-to-
space) shall not constrain the deployment of the Television 
Broadcast Auxiliary Service, the Cable Television Relay Service, or 
the Local Television Transmission Service. To facilitate compatible 
operations between non-Federal Government terrestrial receiving 
stations and Federal Government earth station transmitters, 
coordination is required. To facilitate compatible operations 
between non-Federal Government terrestrial transmitting stations and 
Federal Government spacecraft receivers, the terrestrial 
transmitters shall not be high-density systems (see Recommendations 
ITU-R SA.1154 and ITU-R F.1247). Military satellite control stations 
at the following sites shall operate on a co-equal, primary basis 
with non-Federal Government operations:


------------------------------------------------------------------------
                   Facility                           Coordinates
------------------------------------------------------------------------
Naval Satellite Control Network, Prospect      44[deg] 24'55'' N
 Harbor, ME.                                    068[deg]00'50'' W
New Hampshire Tracking Station, New Boston     42[deg]56'52'' N
 AFS, NH.                                       071[deg]37'37'' W
Eastern Vehicle Check-out Facility & GPS       28[deg]29'10'' N
 Ground Antenna Monitoring Station, Cape        080[deg]34'34'' W
 Canaveral, FL.
Buckley AFB, CO..............................  39[deg]42'55'' N
                                                104[deg]46'29'' W
Colorado Tracking Station, Schriever AFB, CO.  38[deg]48'21'' N
                                                104[deg]03'43'' W
Kirtland AFB, NM.............................  35[deg]03'00'' N
                                                106[deg]24'00'' W
Camp Parks Communications Annex, Pleasanton,   37[deg]44'00'' N
 CA.                                            121[deg]52'00'' W
Naval Satellite Control Network, Laguna Peak,  34[deg]06'55'' N
 CA.                                            119[deg]04'50'' W
Vandenberg Tracking Station, Vandenberg AFB,   34[deg]49'24'' N
 CA.                                            120[deg]31'54'' W
Hawaii Tracking Station, Kaena Pt, Oahu, HI..  21[deg]33'48'' N
                                                158[deg]14'54'' W
Guam Tracking Stations, Anderson AFB, and      13[deg]36'48'' N
 Naval CTS, Guam.                               144[deg]51'12'' E
------------------------------------------------------------------------

* * * * *

    USxxx In the band 2025-2110 MHz, the military services may 
operate stations in the fixed and mobile except aeronautical mobile 
services on a secondary and coordinated basis at the following 
sites:


------------------------------------------------------------------------
                                                             Radius of
               Site                      Coordinates      operation (km)
------------------------------------------------------------------------
Nellis AFB, NV....................  36[deg]14' N                      80
                                     115[deg]02' W.
China Lake, CA....................  35[deg]41' N                      50
                                     117[deg]41' W.
Ft. Irwin, CA.....................  35[deg]16' N                      50
                                     116[deg]41' W.
Pacific Missile Test Range/Pt.      34[deg]07' N                      80
 Mugu, CA.                           119[deg]30' W.
Yuma, AZ..........................  32[deg]32' N                      80
                                     113[deg]58' W.
White Sands Missile Range, NM.....  33[deg]00' N                      80
                                     106[deg]30' W.
------------------------------------------------------------------------

* * * * *
Federal Government (G) Footnotes
* * * * *

    G2 In the bands 216-225 MHz, 420-450 MHz (except as provided by 
US217), 890-902 MHz, 928-942 MHz, 1300-1390 MHz, 2310-2390 MHz, 
2417-2450 MHz, 2700-2900 MHz, 5650-5925 MHz, and 9000-9200 MHz, the 
Government radiolocation service is limited to the military 
services.
* * * * *
    G120 Development of airborne primary radars in the band 2360-
2390 MHz with peak transmitter power in excess of 250 watts for use 
in the United States is not permitted.
    G122 In the bands 2395-2400 MHz, 2402-2417 MHz, and 4940-4990 
MHz, Federal Government operations may be authorized on a non-
interference basis to authorized non-Federal Government operations, 
but shall not hinder the implementation of any non-Federal 
Government operations.

* * * * *

PART 15--RADIO FREQUENCY DEVICES

    5. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 554A.

    6. Section 15.301 is revised to read as follows:


Sec.  15.301  Scope.

    This subpart sets out the regulations for unlicensed personal 
communications services (PCS) devices operating in the 1920-1930 MHz 
band.
    7. Section 15.303 is amended by removing and reserving paragraphs 
(a) and (i) and by revising paragraph (g) to read as follows:


Sec.  15.303  Definitions.

* * * * *
    (g) Personal Communications Services (PCS) Devices [Unlicensed]. 
Intentional radiators operating in the frequency band 1920-1930 MHz 
that provide a wide array of mobile and ancillary fixed communication 
services to individuals and businesses.
* * * * *
    8. Section 15.319 is amended by revising paragraph (a) to read as 
follows:


Sec.  15.319  General technical requirements.

    (a) The 1920-1930 MHz band is limited to use by isochronous devices 
under the requirements of Sec.  15.323.
* * * * *


Sec.  15.321  [Removed]

    9. Section 15.321 is removed.

[[Page 52168]]

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

    10. The authority citation for part 27 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337, unless otherwise noted.


Sec.  27.1  [Amended]

    11. In Sec.  27.1 remove paragraph (b)(7).
    12. Section 27.4 is amended by revising the definition of ``Band 
Manager'' to read as follows:


Sec.  27.4  Terms and definitions.

* * * * *
    Band Manager. The term Band Manager refers to a licensee in the 
paired 1392-1395 MHz and 1432-1435 MHz bands and the unpaired 1390-1392 
MHz, and 1670-1675 MHz bands that functions solely as a spectrum broker 
by subdividing its licensed spectrum and making it available to system 
operators or directly to end users for fixed or mobile communications 
consistent with Commission Rules. A Band Manager is directly 
responsible for any interference or misuse of its licensed frequency 
arising from its use by such non-licensed entities.
* * * * *


Sec.  27.5  [Amended]

    13. In Sec.  27.5 remove paragraph (g).


Sec.  27.6  [Amended]

    14. In Sec.  27.6 remove paragraph (g).


Sec.  27.11  [Amended]

    15. In Sec.  27.11 remove paragraph (h).
    16. Section 27.12 is amended by revising paragraph (b) introductory 
text to read as follows.


Sec.  27.12  Eligibility.

* * * * *
    (b) Band Manager licenses. For the 1392-1395 MHz and 1670-1675 MHz 
bands and the paired 1392-1395 MHz and 1432-1435 MHz bands, applicants 
applying for an initial license may elect to operate as a Band Manager, 
subject to the rules governing Guard Band Managers under subpart G, 
provided however, that the following rules do not apply to Band 
Managers:
* * * * *


Sec.  27.13  [Amended]

    17. In Sec.  27.13 remove paragraph (f).


Sec.  27.50  [Amended]

    18. In Sec.  27.50 remove paragraph (f), and redesignate paragraph 
(g) as paragraph (f).


Sec.  27.53  [Amended]

    19. Section 27.53 is amended by removing paragraph (j) and by 
redesignating paragraph (k) as paragraph (j).

Subpart K [Removed]

    20. Subpart K is removed.

PART 87--AVIATION SERVICES

    21. The authority citation for part 87 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise 
noted.


Sec.  87.173  [Amended]

    22. Section 87.173 is amended by revising the entry ``2310-2390 
MHz'' to read ``2310-2395 MHz'' in paragraph (b).
    23. Section 87.303 is amended by revising paragraph (d)(1) to read 
as follows:


Sec.  87.303  Frequencies.

* * * * *
    (d)(1) Frequencies in the bands 1435-1525 MHz and 2360-2395 MHz are 
assigned primarily for telemetry and telecommand operations associated 
with the flight testing of aircraft and missiles, or their major 
components. The bands 1525-1535 MHz and 2310-2360 MHz are also 
available for these purposes on a secondary basis. Permissible uses of 
these bands include telemetry and telecommand transmissions associated 
with the launching and reentry into the Earth's atmosphere, as well as 
any incidental orbiting prior to reentry, of manned or unmanned objects 
undergoing flight tests. In the band 1435-1530 MHz, the following 
frequencies are shared with flight telemetry mobile stations: 1444.5, 
1453.5, 1501.5, 1515.5, 1524.5, and 1525.5 MHz. In the band 2360-2390 
MHz, the following frequencies may be assigned on a co-equal basis for 
telemetry and associated telecommand operations in fully operational or 
expendable and re-usable launch vehicles, whether or not such 
operations involve flight testing: 2364.5, 2370.5 and 2382.5 MHz. In 
the band 2360-2395 MHz, all other mobile telemetry uses are secondary 
to the above stated launch vehicle uses.
* * * * *

PART 97--AMATEUR RADIO SERVICE

    24. The authority citation for part 97 continues to read as 
follows:

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

    25. Section 97.303 is amended by revising paragraph (j)(2)(iii) to 
read as follows:


Sec.  97.303  Frequency sharing requirements.

* * * * *
    (j) * * *
    (2) * * *
    (iii) The 2390-2417 MHz segment is allocated to the amateur service 
on a primary basis.
    (A) The 2390-2395 MHz segment is shared with Federal and non-
Federal Government mobile services on a co-equal basis. See 47 CFR 
2.106, footnote US276.
    (B) Amateur stations operating in the 2400-2417 MHz segment must 
accept harmful interference that may be caused by industrial, 
scientific and medical equipment.
* * * * *
[FR Doc. 03-22200 Filed 8-29-03; 8:45 am]
BILLING CODE 6712-01-P