[Federal Register Volume 69, Number 15 (Friday, January 23, 2004)]
[Rules and Regulations]
[Pages 3257-3268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1246]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 97, and 101

[WT Docket No. 02-146; RM-10288; FCC 03-248]


Allocations and Service Rules for the 71-76 GHz, 81-86 GHz, and 
92-95 GHz Bands; Loea Communications Corporation Petition for Rule 
Making

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission adopts service rules to 
promote the private sector development and use of the ``millimeter 
wave'' spectrum in the 71-76 GHz, 81-86 GHz and 92-95 GHz bands 
pursuant to parts 15 and 101 of our rules. This action follows an 
initiative by the Commission's Office of Engineering and Technology to 
spawn possible commercial development of these bands under the 
Communications Act of 1934, as amended.

DATES: Effective February 23, 2004.

FOR FURTHER INFORMATION CONTACT: Jennifer Burton regarding legal 
matters, and/or Gerardo Mejia regarding engineering matters via phone 
at (202) 418-0680, via TTY (202) 418-7233, via e-mail at 
[email protected]; [email protected], respectively, or via 
regular mail at Federal Communications Commission, Wireless 
Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Report and Order, FCC 03-248, adopted on 
October 16, 2003, and released on November 4, 2003. The full text of 
this document is available for inspection and copying during normal 
business hours in the FCC Reference Center, Room CY-A257, 445 12th 
Street, SW., Washington, DC 20554. The complete text 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.
    Report and Order: In this Report and Order, the Commission makes 
the following major decisions:
    [sbull] It will reallocate the 71-76 GHz, 81-86 GHz and 92-95 GHz 
bands to update the current allocations, which were established at the 
World Administrative Radio Conference in 1992 (WARC-92, Malaga-
Torremolinos) and the World Radiocommunication Conference in 1997 and 
2000 (WRC-97, Geneva, and WRC-2000, Istanbul).
    [sbull] It will divide the 71-76 GHz and 81-86 GHz bands into four 
unpaired 1.25 GHz segments each (eight total), without mandating 
specific channels within the segment. The segments may be aggregated 
without limit. In order to maximize the number of possible users in a 
given location, the Commission will divide the 71-76 GHz and 81-86 GHz 
bands into unpaired 1.25 GHz segments (without mandating specific 
channels within the segment) with no aggregation limit. It will permit 
pairing, but only in a standardized manner (e.g., 71-72.25

[[Page 3258]]

GHz may be paired only with 81-82.25 GHz, and so on).
    [sbull] Non-Federal Government licensees will receive non-exclusive 
nationwide licenses authorizing operation on all 12.9 GHz of co-primary 
spectrum. Rights with regard to specific links will be established 
based upon the date and time of link registration. Initially, 
coordination of non-Federal Government links with Federal Government 
operations will be accomplished under the existing coordination 
process, and non-Federal Government links will be recorded in the 
Commission's Universal Licensing System database. On a permanent basis, 
such coordination will be accomplished within a new process for 
coordination of non-Federal Government links with Federal Government 
users. The Commission envisions that coordination will be accomplished 
via an automated mechanism administered by the National 
Telecommunications and Information Administration (NTIA), for which the 
framework will be jointly agreed by the FCC and NTIA. Within four 
months of the publication of this Report and Order in the Federal 
Register, Commission staff, in conjunction with the NTIA, will release 
a public notice setting out the implementation of a new process for 
coordination of non-Federal Government links with Federal Government 
users. NTIA has indicated that it believes that it can make the initial 
version of the mechanism available within 4 months of the public 
notice. In addition, at that time, Commission staff will announce via 
public notice the start-date for the new procedure that we adopt herein 
for mitigating interference among non-Federal Government links.
    [sbull] The Commission will permit unlicensed non-Federal 
Government indoor use of the 92-95 GHz band, to be governed by rules 
based on existing regulations for the 57-64 GHz band.
    [sbull] It declines to adopt eligibility restrictions for the 71-76 
GHz, 81-86 GHz, and 92-95 GHz bands.

Final Regulatory Flexibility Certification (Report and Order)

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), (see 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law No. 104-121, Title II, 110 Stat. 847 (1996)) 
an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in 
the Notice of Proposed Rule Making (NPRM), 67 FR 59036-01, September 
19, 2002, in this proceeding in WT Docket No. 02-146. The Commission 
sought public comment on the proposals in the NPRM, including on the 
IRFA. This present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.

a. Need for, and Purpose of This Action

    In this Report and Order, the Commission adopts rules for the 
licensing and operation of the 71-76 GHz, 81-86 GHz and 92-95 GHz (70-
80-90 GHz) spectrum bands. Currently, there are no rules in place for 
these bands. The rules we adopt implement non-exclusive, nationwide 
licensing with site-by-site registration for these bands. It believes 
that this approach will also stimulate investment in new technologies, 
provide a critical means of achieving greater spectrum efficiency and 
promote research and development.

b. Issues Raised in Response to the IRFA

    No comments were filed in response to the IRFA.

c. Description and Estimate of the Small Entities To Which Rules Will 
Apply

    The Commission will apply the definition of small entities 
developed for licensees in the 39 GHz band to licensees in the 70-80-90 
GHz bands, as follows:
    The SBA has developed a small business size standard for Cellular 
and Other Wireless telecommunication, which consists of all such firms 
having 1,500 or fewer employees. 13 CFR 121.201, NAICS code 517212 
(changed from 513322 in October 2002). According to Census Bureau data 
for 1997, in this category there was a total of 977 firms that operated 
for the entire year. U.S. Census Bureau, 1997 Economic Census, Subject 
Series: Information, ``Establishment and Firm Size (Including Legal 
Form of Organization),'' Table 5. Of this total, 965 firms had 
employment of 999 or fewer employees, and an additional twelve firms 
had employment of 1,000 employees or more. Id. The census data do not 
provide a more precise estimate of the number of firms that have 1,500 
or fewer employees; the largest category provided is ``Firms with 1,000 
employees or more.'' Thus, under this size standard, the majority of 
firms can be considered small.
    The applicable definition of small entity is the definition under 
the SBA rules applicable to manufacturers of ``Radio and Television 
Broadcasting and Communications Equipment.'' According to the SBA's 
regulation, an RF manufacturer must have 750 or fewer employees in 
order to qualify as a small business. See 13 CFR 121.201, NAICS Code 
334220. Census Bureau data indicates that there are 858 companies in 
the United States that manufacture radio and television broadcasting 
and communications equipment, and that 778 of these firms have fewer 
than 750 employees and would be classified as small entities. See U.S. 
Department of Commerce, 1992 Census of Transportation, Communications 
and Utilities (issued May 1995), NAICS category 334220. Therefore, the 
Commission believes that no more than 778 of the companies that 
manufacture RF equipment qualify as small entities.

d. Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    This Report and Order modifies the reporting, recordkeeping or 
other compliance requirements previously proposed in this proceeding. 
All applicants who are approved will each be granted a single, non-
exclusive nationwide license. There is no limit to the number of non-
exclusive nationwide licenses that may be granted for these bands, and 
these licenses will serve as a prerequisite for registering individual 
links. At the outset, the Commission will continue to coordinate each 
link under our existing coordination process, which is set forth in 
Sec.  101.103 of our rules. Each link must be registered in the 
Commission's ULS and also requires IRAC coordination. On a going-
forward basis, it will be working cooperatively with NTIA to facilitate 
an innovative, streamlined link registration process that will enable 
licensees to expedite service to the public. The licensing and 
registration process is the same for all interested parties.

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

    The required single, non-exclusive nationwide license with site-
based registration serves the public interest by simplifying the 
licensing process and enabling all who are interested to obtain a 
license to provide service where their targeted market is located. 
There is no limit to the number of non-exclusive nationwide licenses 
that may be granted for these bands, so all who qualify as licensees 
will receive a license. This licensing scheme will allow small 
businesses the flexibility to provide a variety of services in their 
chosen markets, because links may be registered anywhere in the United 
States.

[[Page 3259]]

f. Federal Rules That Overlap, Duplicate, or Conflict With These 
Proposed Rules

    None.

g. Report to Congress

    The Commission will send a copy of this Report and Order, including 
this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. See 5 U.S.C. 801(a)(1)(A). In addition, the 
Commission will send a copy of this Report and Order, including the 
FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to sections 1, 4(i), 301, 
302, 303(f) and (r), 309(j) and 332 of the Communications Act of 1934, 
as amended, 47 U.S.C. 1, 154(i), 301, 302, 303(f) and (r), 309(j) and 
332, this Report and Order is adopted.
    It is further ordered that the Commission's Consumer Information 
and Governmental Affairs Bureau, Reference Information Center, shall 
send a copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Parts 1, 2, 15, 97, and 101

    Communications common carriers, Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR Parts 1, 2, 15, 97, and 101 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


0
2. Section 1.1307(b)(1) is amended by adding entries to the end of 
Table 1 as follows:


Sec.  1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assessments (Eas) must be prepared.

* * * * *
    (b)(1) * * *

----------------------------------------------------------------------------------------------------------------
                 Service (title 47 CFR rule part)                             Evaluation required if:
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
70/80/90 GHz Bands (subpart Q of part 101).......................  Non-building-mounted antennas: height above
                                                                    ground level to lowest point of antenna < 10
                                                                    m and power  1640 W EIRP.
                                                                   Building-mounted antennas: power 
                                                                    1640 W EIRP, licensees are required to
                                                                    attach a label to transceiver antennas that
                                                                   (1) provides adequate notice regarding
                                                                    potential radiofrequency safety hazards,
                                                                    e.g., information regarding the safe minimum
                                                                    separation distance required between users
                                                                    and transceiver antennas; and
                                                                   (2) references the applicable FCC-adopted
                                                                    limits for radiofrequency exposure specified
                                                                    in Sec.   1.1310.
----------------------------------------------------------------------------------------------------------------

* * * * *

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

0
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.


0
4. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Revise pages 81 through 83.
0
b. In the list of United States (US) Footnotes, revise footnotes US211, 
US297, and US342; remove footnotes US270 and US377; and add footnotes 
US387, US388, and US389.

BILLING CODE 6712-01-P


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BILLING CODE 6712-01-C
* * * * *

United States (US) Footnotes

* * * * *
    US211 In the bands 1670-1690, 5000-5250 MHz and 10.7-11.7, 
15.1365-15.35,

[[Page 3263]]

15.4-15.7, 22.5-22.55, 24-24.05, 31.0-31.3, 31.8-32.0, 40.5-42.5, 
102-105, 116-126, 151-164, 176.5-182, 185-190, 231-235, 252-265 GHz, 
applicants for airborne or space station assignments are urged to 
take all practicable steps to protect radio astronomy observations 
in the adjacent bands from harmful interference; however, US74 
applies.
* * * * *
    US297 The bands 47.2-49.2 GHz and 81-82.5 GHz are also available 
for feeder links for the broadcasting-satellite service.
* * * * *
    US342 In making assignments to stations of other services to 
which the following bands:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
13360-13410 kHz                       22.81-22.86 GHz*                      150-151 GHz*
25550-25670 kHz                       23.07-23.12 GHz*                      174.42-175.02 GHz*
37.5-38.25 MHz                        31.2-31.3 GHz                         177-177.4 GHz*
322-328.6 MHz*                        36.43-36.5 GHz*                       178.2-178.6 GHz*
1330-1400 MHz*                        42.5-43.5 GHz                         181-181.46 GHz*
1610.6-1613.8 MHz*                    48.94-49.04 GHz*                      186.2-186.6 GHz*
1660-1670 MHz                         81-86 GHz                             250-251 GHz*
3260-3267 MHz*                        92-94 GHz                             257.5-258 GHz*
3332-3339 MHz*                        94.1-95 GHz                           261-265 GHz
3345.8-3352.5 MHz*                    97.88-98.08 GHz*                      262.24-262.76 GHz*
4825-4835 MHz*                        140.69-140.98 GHz*                    265-275 GHz
14.47-14.5 GHz*                       144.68-144.98 GHz*                    265.64-266.16 GHz*
22.01-22.21 GHz*                      145.45-145.75 GHz*                    267.34-267.86 GHz*
22.21-22.5 GHz                        146.82-147.12 GHz*                    271.74-272.26 GHz*
----------------------------------------------------------------------------------------------------------------

are allocated (* indicates radio astronomy use for spectral line 
observations) all practicable steps shall be taken to protect the 
radio astronomy service from harmful interference. Emissions from 
spaceborne or airborne stations can be particularly serious sources 
of interference to the radio astronomy service (see Nos. 4.5 and 4.6 
and Article 29 of the ITU Radio Regulations).
* * * * *
    US387 The band 75.5-76 GHz is also allocated to the amateur and 
amateur-satellite services on a secondary basis until January 1, 
2006. After that date, the band 75.5-76 GHz shall no longer be 
available for use by the amateur service or the amateur-satellite 
service.
    US388 In the bands 81-86 GHz, 92-94 GHz, and 94.1-95 GHz and 
within the coordination distances indicated below, assignments to 
allocated services shall be coordinated with the following radio 
astronomy observatories. New observatories shall not receive 
protection from fixed stations that are licensed to operate in the 
one hundred most populous urbanized areas as defined by the U.S. 
Census Bureau for the year 2000. The coordinates listed below are 
specified in terms of the North American Datum of 1983.

    Note: Satisfactory completion of the coordination procedure 
utilizing the automated mechanism, see Sec.  101.1523, will be 
deemed to establish sufficient separation from radio astronomy 
observatories, regardless of whether the distances set forth above 
are met.


------------------------------------------------------------------------
                                       150 kilometer (93 mile) radius
                                                centered on:
        Telescope and site         -------------------------------------
                                      North latitude     West longitude
------------------------------------------------------------------------
National Radio Astronomy             38[deg] 25' 59''   79[deg] 50' 24''
 Observatory (NRAO), Robert C.
 Byrd Telescope, Green Bank, WV...
NRAO, Very Large Array, Socorro,     34[deg] 04' 44''  107[deg] 37' 06''
 NM...............................
University of Arizona 12-m           31[deg] 57' 10''  111[deg] 36' 50''
 Telescope, Kitt Peak, AZ.........
BIMA Telescope, Hat Creek, CA.....   40[deg] 49' 04''  121[deg] 28' 24''
Caltech Telescope, Owens Valley,     37[deg] 13' 54''  118[deg] 17' 36''
 CA...............................
Five Colleges Observatory,           42[deg] 23' 33''   72[deg] 20' 40''
 Amherst, MA......................
Haystack Observatory, Westford, MA   42[deg] 37' 23''   71[deg] 29' 19''
James Clerk Maxwell Telescope,       19[deg] 49' 33''  155[deg] 28' 20''
 Mauna Kea, HI....................
Combined Array for Research in
 Millimeter-wave Astronomy
 (CARMA), CA......................   (1) CARMA will be located at a new,
                                        high-altitude site in eastern
                                         California, expected to be
                                            operational in 2004.
------------------------------------------------------------------------


 
                                       25 kilometer (15.5 mile) radius
  NRAO, very long baseline array                centered on:
             stations              -------------------------------------
                                      North latitude     West longitude
------------------------------------------------------------------------
Brewster, WA......................   48[deg] 07' 52''  119[deg] 41' 00''
Fort Davis, TX....................   30[deg] 38' 06''  103[deg] 56' 41''
Hancock, NH.......................   42[deg] 56' 01''   71[deg] 59' 12''
Kitt Peak, AZ.....................   31[deg] 57' 23''  111[deg] 36' 45''
Los Alamos, NM....................   35[deg] 46' 31''  106[deg] 14' 44''
Mauna Kea, HI.....................   19[deg] 48' 05''  155[deg] 27' 19''
North Liberty, IA.................   41[deg] 46' 17''   91[deg] 34' 27''
Owens Valley, CA..................   37[deg] 13' 54''  118[deg] 16' 37''
Pie Town, NM......................   34[deg] 18' 04''  108[deg] 07' 09''
Saint Croix, VI...................   17[deg] 45' 24''   64[deg] 35' 01''
------------------------------------------------------------------------

    US389 In the bands 71-76 GHz and 81-86 GHz, stations in the 
fixed, mobile, and broadcasting services shall not cause harmful 
interference to, nor claim protection from, Federal Government 
stations in the fixed-satellite service at any of the following 28 
military installations:

[[Page 3264]]



 
----------------------------------------------------------------------------------------------------------------
         Military installation                  State                             Nearby city
----------------------------------------------------------------------------------------------------------------
Redstone Arsenal.......................  AL                   Huntsville.
Fort Huachuca..........................  AZ                   Sierra Vista.
Yuma Proving Ground....................  AZ                   Yuma.
Beale AFB..............................  CA                   Marysville.
Camp Parks Reserve Forces Training Area  CA                   Dublin.
China Lake Naval Air Weapons Station...  CA                   Ridgecrest.
Edwards AFB............................  CA                   Rosamond.
Fort Irwin.............................  CA                   Barstow.
Marine Corps Air Ground Combat Center..  CA                   Twentynine Palms.
Buckley AFB............................  CO                   Aurora (Denver).
Schriever AFB..........................  CO                   Colorado Springs.
Fort Gordon............................  GA                   Augusta.
Naval Satellite Operations Center......  GU                   Finegayan (Territory of Guam).
Naval Computer and Telecommunications    HI                   Wahiawa (Oahu Is.).
 Area Master Station, Pacific.
Fort Detrick...........................  MD                   Frederick.
Nellis AFB.............................  NV                   Las Vegas.
Nevada Test Site.......................  NV                   Amargosa Valley.
Tonapah Test Range Airfield............  NV                   Tonapah.
Cannon AFB.............................  NM                   Clovis.
White Sands Missile Range..............  NM                   White Sands.
Dyess AFB..............................  TX                   Abilene.
Fort Bliss.............................  TX                   El Paso.
Fort Sam Houston.......................  TX                   San Antonio.
Goodfellow AFB.........................  TX                   San Angelo.
Kelly AFB..............................  TX                   San Antonio.
Utah Test and Training Range...........  UT                   ..................................................
Fort Belvoir...........................  VA                   Alexandria.
Naval Satellite Operations Center......  VA                   Chesapeake.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
5. Section 2.1091 is amended by revising paragraph (c) to read 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 and the 
Specialized Mobile Radio Service authorized under subpart H of part 22 
of this chapter, parts 24, 25, 26 and 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. Sec.  15.253, 15.255, and 15.257, 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
6. Section 2.1093 is amended by revising paragraph (c) to read 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 and 90 of this chapter, 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. Sec.  15.253, 15.255 
and 15.257 of this chapter are subject to routine environmental 
evaluation for RF 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.
* * * * *

[[Page 3265]]

PART 15--RADIO FREQUENCY DEVICES

0
7. The authority citation continues to read as follows:

    Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336 and 544A.


0
8. Section 15.205 is amended by revising paragraph (d)(4) to read as 
follows:


Sec.  15.205  Restricted bands of operation.

* * * * *
    (d) * * *
    (4) Any equipment operated under the provisions of Sec. Sec.  
15.253, 15.255 or 15.257.
* * * * *

0
9. Section 15.215 is amended by revising paragraphs (a) and (c) to read 
as follows:


Sec.  15.215  Additional provisions to the general radiated emission 
limitations.

    (a) The regulations in Sec. Sec.  15.217 through 15.257 provide 
alternatives to the general radiated emission limits for intentional 
radiators operating in specified frequency bands. Unless otherwise 
stated, there are no restrictions as to the types of operation 
permitted under these sections.
* * * * *
    (c) Intentional radiators operating under the alternative 
provisions to the general emission limits, as contained in Sec. Sec.  
15.217 through 15.257 and in subpart E of this part, must be designed 
to ensure that the 20 dB bandwidth of the emission is contained within 
the frequency band designated in the rule section under which the 
equipment is operated. The requirement to contain the 20 dB bandwidth 
of the emission within the specified frequency band includes the 
effects from frequency sweeping, frequency hopping and other modulation 
techniques that may be employed as well as the frequency stability of 
the transmitter over expected variations in temperature and supply 
voltage. If a frequency stability is not specified in the regulations, 
it is recommended that the fundamental emission be kept within at least 
the central 80% of the permitted band in order to minimize the 
possibility of out-of-band operation.
0
10. Section 15.257 is added to subpart C to read as follows:


Sec.  15.257  Operation within the band 92-95 GHz.

    (a) Operation of devices under the provisions of this section is 
limited to indoor use;
    (1) Devices operating under the provisions of this section, by the 
nature of their design, must be capable of operation only indoors. The 
necessity to operate with a fixed indoor infrastructure, e.g., a 
transmitter that must be connected to the AC power lines, may be 
considered sufficient to demonstrate this.
    (2) The use of outdoor mounted antennas, e.g., antennas mounted on 
the outside of a building or on a telephone pole, or any other outdoors 
infrastructure is prohibited.
    (3) The emissions from equipment operated under this section shall 
not be intentionally directed outside of the building in which the 
equipment is located, such as through a window or a doorway.
    (4) Devices operating under the provisions of this section shall 
bear the following or similar statement in a conspicuous location on 
the device or in the instruction manual supplied with the device: 
``This equipment may only be operated indoors. Operation outdoors is in 
violation of 47 U.S.C. 301 and could subject the operator to serious 
legal penalties.''
    (b) Operation under the provisions of this section is not permitted 
on aircraft or satellites.
    (c) Within the 92-95 GHz bands, the emission levels shall not 
exceed the following:
    (1) The average power density of any emission, measured during the 
transmit interval, shall not exceed 9 uW/sq. cm, as measured at 3 
meters from the radiating structure, and the peak power density of any 
emission shall not exceed 18 uW/sq. cm, as measured 3 meters from the 
radiating structure.
    (2) Peak power density shall be measured with an RF detector that 
has a detection bandwidth that encompasses the band being used and has 
a video bandwidth of at least 10 MHz, or uses an equivalent measurement 
method.
    (3) The average emission limits shall be calculated based on the 
measured peak levels, over the actual time period during which 
transmission occurs.
    (d) Limits on spurious emissions:
    (1) The power density of any emissions outside the band being used 
shall consist solely of spurious emissions.
    (2) Radiated emissions below 40 GHz shall not exceed the general 
limits in Sec.  15.209.
    (3) Between 40 GHz and 200 GHz, the level of these emissions shall 
not exceed 90 pW/cm \2\ at a distance of 3 meters.
    (4) The levels of the spurious emissions shall not exceed the level 
of the fundamental emission.
    (e) The total peak transmitter output power shall not exceed 500 
mW.
    (f) Fundamental emissions must be contained within the frequency 
bands specified in this section during all conditions of operation. 
Equipment is presumed to operate over the temperature range -20 to +50 
degrees Celsius with an input voltage variation of 85% to 115% of rated 
input voltage, unless justification is presented to demonstrate 
otherwise.
    (g) Regardless of the maximum EIRP and maximum power density levels 
permitted under this section, devices operating under the provisions of 
this section are subject to the radiofrequency radiation exposure 
requirements specified in 47 CFR 1.1307(b), 2.1091, and 2.1093, as 
appropriate. Applications for equipment authorization of 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.
    (h) Any transmitter that has received the necessary FCC equipment 
authorization under the rules of this chapter may be mounted in a group 
installation for simultaneous operation with one or more other 
transmitter(s) that have received the necessary FCC equipment 
authorization, without any additional equipment authorization. However, 
no transmitter operating under the provisions of this section may be 
equipped with external phase-locking inputs that permit beam-forming 
arrays to be realized.

PART 97--AMATEUR RADIO SERVICE

0
11. 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.


0
12. Section 97.303 is amended by adding paragraph (r)(3) to read as 
follows:


Sec.  97.303  Frequency sharing requirements.

* * * * *
    (r) * * *
* * * * *
    (3) No amateur or amateur-satellite station transmitting in the 
75.5-76 GHz segment shall cause interference to, nor is protected from, 
interference due to the operation of stations in the fixed service. 
After January 1, 2006, the 75.5-76 GHz segment is no longer allocated 
to the amateur service or to the amateur-satellite service.
* * * * *

[[Page 3266]]

PART 101--FIXED MICROWAVE SERVICES

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

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


0
14. Section 101.63 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  101.63  Period of construction; certification of completion of 
construction.

    (a) Each Station, except in Multichannel Video Distribution and 
Data Service, Local Multipoint Distribution Services, 24 GHz Service, 
and the 38.6-40.0 GHz band, authorized under this part must be in 
operation within 18 months from the initial date of grant.
    (b) For the 70 GHz, 80 GHz, and 90 GHz bands, the 12-month 
construction period will commence on the date of each registration of 
each individual link; adding links will not change the overall renewal 
period of the license.
* * * * *


0
15. Section 101.101 is amended by adding three entries to the table in 
numerical order to read as follows:


Sec.  101.101  Frequency availability.

----------------------------------------------------------------------------------------------------------------
                                                                 Radio service
                              ----------------------------------------------------------------------------------
                                                                                      Other Parts
                                Common carrier    Private radio       Broadcast       15, 21, 22,
                                  (Part 101)       (Part 101)     auxiliary  (Part  24, 25, 74, 78      Notes
                                                                         74)            & 100)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
71,000-76,000................  CC.............  OFS.............  ................              25  F/M/TF
81,000-86,000................  CC.............  OFS.............  ................              25  F/M/TF
92,000-95,000................  CC.............  OFS.............  ................              15  F/M/TF
----------------------------------------------------------------------------------------------------------------

* * * * *

0
16. Section 101.107(a) is amended by adding three entries to the table 
in numerical order and adding note 9 to read as follows:


Sec.  101.107  Frequency tolerance.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                             Frequency tolerance (percent)
                                      --------------------------------------------------------------------------
           Frequency (MHz)                 All fixed  base      Mobile stations  over 3     Mobile stations  3
                                               stations                  watts                watts or less
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
71,000 to 76,000 \9\                   .......................  .......................  .......................
81,000 to 86,000 \9\                   .......................  .......................  .......................
92,000 to 95,000 \9\                   .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
\9\ Equipment authorized to be operated in the 38,600-40,000 MHz, 71,000-76,000 MHz, 81,000-86,000 MHz, 92,000-
  94,000 MHz and 94,100-95,000 MHz bands are exempt from the frequency tolerance requirement noted in the table
  of paragraph (a) of this section.

* * * * *

0
17. Section 101.109(c) is amended by removing the last entry in the 
table ``Above 40,000'' and adding three entries to the table in 
numerical order and revising note 3 to read as follows:


Sec.  101.109  Bandwidth

* * * * *
    (c) * * *
* * * * *

------------------------------------------------------------------------
                                                               Maximum
                    Frequency band (MHz)                      authorized
                                                              bandwidth
------------------------------------------------------------------------
 
                                * * * * *
71,000 to 76,000...........................................          (3)
81,000 to 86,000...........................................          (3)
92,000 to 95,000...........................................          (3)
 
                                * * * * *
------------------------------------------------------------------------
\3\ To be specified in authorization. For the bands of: 71 to 76 GHz, 81
  to 86 GHz, and 92 to 95 GHz, maximum bandwidth is licensed in segments
  of 1.25 GHz for the 71-76 and 81-86 GHz bands, one segment of 2 GHz
  from 92-94 GHz, and one 0.9 GHz segment from 94.1 to 95 GHz, up to a
  total of 12.9 GHz, or the total of the loaded band if smaller than the
  assigned bandwidth.

* * * * *

0
18. Section 101.111 is amended by adding paragraph (a)(2)(v) to read as 
follows:


Sec.  101.111  Emission limitations.

    (a) * * *
    (2) * * *
    (v) The emission mask for the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 
94.1-95 GHz bands used in the equation in paragraph (a)(2)(ii) of this 
section applies only to the edge of each channel, but not to sub-
channels established by licensees. The value of P in the equation is 
for the percentage removed from the carrier frequency and assumes that 
the carrier frequency is the center of the actual bandwidth used. The 
value of B will always be 500 MHz. In the case where a narrower sub-
channel is used within the assigned bandwidth, such sub-carrier will be 
located sufficiently far from the channel edges to satisfy the emission 
levels of the mask. The mean output power used in the calculation is 
the sum of the output power of a fully populated channel.
* * * * *

0
19. Section 101.113(a) is amended by adding three entries to the table 
in numerical order to read as follows:


Sec.  101.113  Transmitter power limitations.

    (a) * * *

[[Page 3267]]



------------------------------------------------------------------------
                                                  Maximum allowable EIRP
                                                           1, 2
              Frequency band (MHz)               -----------------------
                                                  Fixed 1, 2    Mobile
                                                     (dBW)       (dBW)
------------------------------------------------------------------------
 
                                * * * * *
71,000-76,000...................................         +55         +55
81,000-86,000...................................         +55         +55
92,000-95,000...................................         +55         +55
------------------------------------------------------------------------

* * * * *

0
20. Section 101.115 is amended by adding three entries to the table, in 
numerical order, following paragraph (b)(2) to read as follows:


Sec.  101.115  Directional antennas.

    (b) * * *
    (2) * * *

                                                                    Antenna Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Maximum                Minimum radiation suppression to angle in degrees from centerline of main beam in
                                              beam width                                                   decibels
                                                to 3 dB     Minimum  -----------------------------------------------------------------------------------
         Frequency (MHz)           Category   points \1\    antenna
                                               (included  gain (dBi)   5[deg] to  10[deg] to  15[deg] to  20[deg] to  30[deg] to   100[deg]    140[deg]
                                               angle in                 10[deg]     15[deg]     20[deg]     30[deg]    100[deg]       to          to
                                               degrees)                                                                            140[deg]    180[deg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
71,000 to 76,000................         N/A         0.6        50.0          36          40          45          50          55          55          55
81,000 to 86,000................         N/A         0.6        50.0          36          40          45          50          55          55          55
92,000 to 95,000................         N/A         0.6        50.0          36          40          45          50          55          55          55
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
21. Section 101.147(a) is amended by removing the entry for ``Bands 
Above 40,000 MHz'' and adding four frequencies in numerical order and 
adding paragraph (z) to read as follows:


Sec.  101.147  Frequency assignments.

    (a) * * *
71,000-76,000 MHz (5) (17)
81,000-86,000 MHz (5) (17)
92,000-94,000 MHz (17)
94,100-95,000 MHz (17)
* * * * *
    (z) 71,000-76,000 MHz; 81,000-86,000 MHz; 92,000-94,000 MHz; 
94,100-95,000 MHz. (1) Those applicants who are approved in accordance 
with FCC Form 601 will each be granted a single, non-exclusive 
nationwide license. Site-by-site registration is on a first-come, 
first-served basis. Registration will be in the Universal Licensing 
System until the Wireless Telecommunications Bureau announces by public 
notice, the implementation of a third-party database. See 47 CFR 
101.1523. The sites are currently coordinated on the basis of 47 CFR 
101.103, and may not operate until NTIA approval is received. Licensees 
may use these bands for any point-to-point non-broadcast service.
    (2) Prior links shall be protected to a threshold-to-interference 
ratio (T/I) level of 1.0 dB of degradation to the static threshold of 
the protected receiver. Any new link shall not decrease a previous 
link's desired-to-undesired (D/U) signal ratio below a minimum of 36 
dB, unless the earlier link's licensee agrees to accept a lower D/U.
    (3) Entities must meet the loading requirements of 47 CFR 101.141. 
If it is determined that a licensee has not met the loading 
requirements, then the database will be modified to limit coordination 
rights to the spectrum that is loaded and the licensee will lose 
protection rights on spectrum that has not been loaded.

0
22. Add subpart Q to part 101 to read as follows:

Subpart Q--Service and Technical Rules for the 70/80/90 GHz Bands

Sec.
101.1501 Services areas.
101.1505 Segmentation plan.
101.1507 Permissible operations.
101.1511 Regulatory status and eligibility.
101.1513 License term and renewal expectancy.
101.1523 Sharing and coordination among non-government licensees and 
between non-government and government services.
101.1525 RF safety.
101.1527 Canadian and Mexican coordination.


Sec.  101.1501  Service areas.

    The 70/80/90 GHz bands are licensed on the basis of non-exclusive 
nationwide licenses. There is no limit to the number of non-exclusive 
nationwide licenses that may be granted for these bands, and these 
licenses will serve as a prerequisite for registering individual links.


Sec.  101.1505  Segmentation plan.

    (a) The 71-76 GHz and 81-86 GHz bands are divided into four 
unpaired 1.25 GHz segments each (8 total), without assignment of 
specific channels within the segment. An entity may request any portion 
of this spectrum, up to 10 GHz (1.25, 2.5, 3.75, 5, 6.25, 7.75 or 10 
GHz). The segments may be aggregated without limit. Pairing is 
permitted, but only in a standardized manner (e.g., 71-72.25 GHz may be 
paired only with 81-82.25 GHz, and so on). Licensees are also permitted 
to register segments less than 1.25 GHz.
    (b) The 92-95 GHz band is divided into three segments: 92.0-94.0 
GHz and 94.1-95.0 GHz for non-government and government users, and 
94.0-94.1 GHz for Federal Government use. Pairing is allowed and 
segments may be aggregated without limit. The bands in paragraph (a) of 
this section can be included for a possible 12.9 GHz maximum 
aggregation. Licensees are also permitted to register smaller segments 
than provided here.


Sec.  101.1507  Permissible operations.

    Licensees may use the 70 GHz, 80 GHz and 90 GHz bands for any 
point-to-point, non-broadcast service. The segments may be unpaired or 
paired, but paring will be permitted only in a standardized manner 
(e.g., 71-72.25 GHz may be paired only with 81-82.25 GHz, and so on). 
The segments may be aggregated without limit.


Sec.  101.1511  Regulatory status and eligibility.

    (a) Licensees are permitted to provide services on a non-common 
carrier and/or on a common carrier basis.
    (b) Licensees are subject to the requirements set forth in Sec.  
101.7.
    (c) Any entity, other than one precluded by Sec.  101.7, is 
eligible for authorization to provide service under this part. 
Authorization will be granted upon proper application filing and link 
coordination in accordance with the Commission's rules.

[[Page 3268]]

Sec.  101.1513  License term and renewal expectancy.

    Because the licensee will obtain a single license for all of its 
facilities, the license renewal period will be ten years from the 
registration of the first link. Adding links will not change the 
overall renewal period of the license.


Sec.  101.1523  Sharing and coordination among non-government licensees 
and between non-government and government services.

    (a) Registration of each link in the 71-76 GHz, 81-86 GHz, and 92-
95 GHz bands will be in the Universal Licensing System until the 
Wireless Telecommunications Bureau announces by public notice the 
implementation of a third-party database.
    (b) Sharing and coordination among non-Federal Government links and 
between non-Federal Government and Federal Government links, shall 
occur according to the registration and coordination standards and 
procedures adopted in Report & Order, FCC 03-248, and as further 
detailed in subsequent implementation public notices issued consistent 
with that order. Protection of individual links against harmful 
interference from other links shall generally be granted to first-in-
time registered links. Successful completion of coordination via the 
NTIA automated mechanism shall constitute successful non-Federal 
Government to Federal Government coordination for that individual link.
    (c) In addition, the following types of non-Federal Government 
links require the filing with the Commission an FCC Form 601 for each 
link for the purpose of coordination and registration, in addition to 
registering each link in the third-party database:
    (1) Facilities requiring the submission of an Environmental 
Assessment,
    (2) Facilities requiring international coordination, and
    (3) Operation in quiet zones.
    (d) The Commission believes the licensee is in the best position to 
determine the nature of its operations and whether those operations 
impact these settings, and is required to submit to a database manager, 
as part of the registration package, documentation that an FCC Form 601 
has been filed.


Sec.  101.1525  RF safety.

    Licensees in the 70-80-90 GHz bands are subject to the exposure 
requirements found in Sec. Sec.  1.1307(b), 2.1091 and 2.1093 of this 
chapter, and will use the parameters found therein.


Sec.  101.1527  Canadian and Mexican coordination.

    (a) A licensee of bands 71.0-76.0, 81.0-86.0, 92-94 GHz and 94.1-95 
GHz must comply with Sec.  1.928(f) of this chapter, which pertains to 
coordination with Canada.
    (b) A licensee of bands 71.0-76.0, 81.0-86.0, 92-94 GHz and 94.1-95 
GHz must coordinate with Mexico in the following situations:
    (1) For a station the antenna of which looks within the 200 deg. 
sector toward the Mexico-United States borders, that area in each 
country within 35 miles of the borders; and
    (2) For a station the antenna of which looks within the 160 deg. 
sector away from the Canada-United States borders, that area in each 
country within 5 miles of the borders.

[FR Doc. 04-1246 Filed 1-22-04; 8:45 am]
BILLING CODE 6712-01-P