[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Rules and Regulations]
[Pages 5711-5718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1835]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 27

[WT Docket No. 02-353; FCC 03-251]


Service Rules for Advanced Wireless Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission adopts service rules for 
Advanced Wireless Services in the 1710-1755 MHZ and 2110-2155 MHz 
bands, including provisions for application, licensing, operating and 
technical rules, and for competitive bidding. The Commission takes this 
action to facilitate the provision of new services to the public, and 
to encourage optimum use of these frequencies.

DATES: Effective April 6, 2004.

FOR FURTHER INFORMATION CONTACT: John Spencer or Eli Johnson, 
Attorneys, Policy Division, Wireless Telecommunications Bureau, at 202-
418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in WT Docket No. 02-353, FCC 03-251, adopted on October 16, 
2003 and released on November 25, 2003. The complete text of the Report 
and Order is available on the Commission's Internet site, at http://www.fcc.gov. It is also available for inspection and copying during 
normal business hours in the FCC Reference Information Center, 
Courtyard Level, 445 12th Street, SW., Washington, DC, and may be 
purchased from the Commission's copy contractor, Qualex International, 
Portals II, 445 12th Street, SW., CY-B4202, Washington, DC 20554, 
telephone 202-863-2893, facsimilie 202-0863-2898, or via e-mail 
[email protected].

I. Overview

    1. The Report and Order adopts licensing, technical, and 
competitive bidding rules to govern the use of the spectrum at 1710-
1755 and 2110-2155 MHz, which had previously been allocated for 
advanced wireless services, in a manner that will enable service 
providers to put this spectrum to use for any purpose consistent with 
its allocation. Specifically, the Report and Order decides the 
following issues. The flexible use of this spectrum is in the public 
interest and any use of this spectrum that is consistent with the 
spectrum's fixed and mobile allocation is permitted. The spectrum will 
be licensed under the Commission's flexible, market-oriented part 27 
rules, as those rules are modified to reflect the particular 
characteristics of this spectrum. The licenses will be assigned through 
competitive bidding. Licenses will be issued using a geographic area 
licensing approach, with a mixture of licensing areas to provide for a 
variety of needs, including both large service providers and small and 
rural service providers. Spectrum blocks will be composed of different 
bandwidths to satisfy a variety of needs.
    2. Applicants and licensees must report the regulatory status of 
their service offerings. There will be no ownership restrictions other 
than those contained in section 310 and no spectrum aggregation limits 
or eligibility restrictions. The initial license term will be 15 years 
with 10 year renewal terms.

[[Page 5712]]

Licensees will be subject to the substantial service requirement of 47 
CFR 27.14. No interim performance requirements are imposed. 
Disaggregation and partitioning will be permitted. Other rules of 
general applicability may apply to licensees in these bands (i.e., the 
ULS rules in part 1, the CMRS rules in part 20, EEO rules and 911 
rules).
    3. Mobile transmissions will be allowed in the 1710-1755 MHz block 
and base transmissions in the 2110-2155 MHz block. The Order 
establishes in-band and out-of-band interference criteria, rules to 
avoid interference with grandfathered Government operations, and, 
radiofrequency standards and coordination requirements along the 
Canadian and Mexican borders.
    4. Licenses will be assigned through use of part 1 competitive 
bidding rules. There will be bidding credits of 15% for small 
businesses and 25% for very small businesses.

II. Final Regulatory Flexibility Analysis

    5. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Service Rules for Advanced Wireless Services in the 
1.7 and 2.1 GHz Bands Notice of Proposed Rulemaking (NPRM), 67 FR 
78209, (December 23, 2002) . The Commission sought written public 
comment on the proposals in the NPRM, including comment on the IRFA. 
This present Final Regulatory Flexibility Analysis (FRFA) conforms to 
the RFA.

A. Need for, and Objectives of, Adopted Rules

    6. In the Report and Order, we adopt service rules for Advanced 
Wireless Services (AWS) in the 1710-1755 MHz and 2110-2155 MHz bands, 
including provisions for application, licensing, operating and 
technical rules, and for competitive bidding. Licensees in these bands 
will have the flexibility to provide any fixed or mobile service that 
is consistent with the allocations for this spectrum. We will license 
this spectrum under our market-oriented part 27 rules and, in order to 
accommodate differing needs, our band plan includes both localized and 
regional geographic service areas and symmetrically paired spectrum 
blocks with the pairings being composed of different bandwidths. Our 
licensing plan will allow the marketplace rather than the Commission to 
ultimately determine what services are offered in this spectrum and 
what technologies are utilized to provide these services. The licensing 
framework that we adopt for these bands will ensure that this spectrum 
is efficiently utilized and will foster the development of new and 
innovative technologies and services, as well as encourage the growth 
and development of broadband services.
    7. Our actions bring us closer to our goals of achieving the 
universal availability of broadband access and increasing competition 
in the provision of such broadband services both in terms of the types 
of services offered and in the technologies utilized to provide those 
services. The widespread deployment of broadband will bring new 
services to consumers, stimulate economic activity, improve national 
productivity, and advance many other objectives--such as improving 
education, and advancing economic opportunity for more Americans. By 
encouraging the growth and development of broadband, our actions today 
also foster the development of facilities-based competition. We achieve 
these objectives by taking a market-oriented approach to licensing this 
spectrum that provides greater certainty, minimal regulatory 
intervention, and leads to greater benefits to consumers.

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

    8. We received no comments directly in response to the IRFA in this 
proceeding. We did, however, consider the potential impact of our rules 
on smaller entities. For example, we have adopted a building block 
approach to the licensing of this spectrum, including some smaller 
geographic licensing areas and some smaller spectrum block sizes. We 
have also provided for partitioning and disaggregation of licenses and 
we have adopted spectrum leasing policies. Finally, we have adopted 15 
percent and 25 percent ``bidding credits'' for small and very small 
businesses, respectively. These policies should provide increased 
opportunities for small entities to acquire the appropriate amount of 
spectrum for their particular needs.

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

    9. 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 government 
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 is one which: (i) Is independently owned and 
operated; (ii) is not dominant in its field of operation; and (iii) 
satisfies any additional criteria established by the SBA. Nationwide, 
there are approximately 22.4 million small businesses, total, according 
to the SBA data.
    10. A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 1992, there were 
approximately 275,801 small organizations. Last, the definition of 
``small governmental jurisdiction'' is one with populations of fewer 
than 50,000. The term ``small governmental jurisdiction'' is defined as 
``governments of cities, towns, townships, villages, school districts, 
or special districts, with a population of less than fifty thousand.'' 
As of 1997, there were about 87,453 governmental jurisdictions in the 
United States. This number includes 39,044 county governments, 
municipalities, and townships, of which 37,546 (approximately 96.2%) 
have populations of fewer than 50,000, and of which 1,498 have 
populations of 50,000 or more. Thus we estimate the number of small 
governmental jurisdictions overall to be 84,098 or fewer.
    11. The rules adopted in the Order affect applicants who wish to 
provide service in the 1710-1755 MHz and 2110-2155 MHz bands. As 
discussed in the Order, we do not know precisely the type of service 
that a licensee in these bands might seek to provide. Nonetheless, we 
anticipate that the services that will be deployed in these bands may 
have capital requirements comparable to those in the broadband Personal 
Communications Service (PCS), and that the licensees in these bands 
will be presented with issues and costs similar to those presented to 
broadband PCS licensees. Further, at the time the broadband PCS service 
was established, it was similarly anticipated that it would facilitate 
the introduction of a new generation of service. Therefore, the Order 
adopts the same small business size standards here that the Commission 
adopted for the broadband PCS service. In particular, the Order defines 
a ``small business'' as an entity with average annual gross revenues 
for the preceding three years not exceeding $40 million, and a ``very 
small business'' as an entity with average annual gross revenues for 
the preceding three years not exceeding $15 million. The Order also 
provides small businesses with a bidding credit of 15 percent and very 
small businesses with a bidding credit of 25 percent.

[[Page 5713]]

    12. We do not yet know how many applicants or licensees in these 
bands will be small entities. Thus, the Commission assumes, for 
purposes of this FRFA, that all prospective licensees are small 
entities as that term is defined by the SBA or by our two special small 
business size standards for these bands. Although we do not know for 
certain which entities are likely to apply for these frequencies, we 
note that the 1710-1755 MHz and 2110-2155 MHz bands are comparable to 
those used for cellular service and personal communications service.
    13. Wireless Telephony Including Cellular, Personal Communications 
Service (PCS) and SMR Telephony Carriers. The SBA has developed a small 
business size standard for wireless small businesses within the two 
separate categories of Paging and Cellular and Other Wireless 
Telecommunications. Under both SBA categories, a wireless business is 
small if it has 1,500 or fewer employees. According to the Commission's 
most recent data, 1,387 companies reported that they were engaged in 
the provision of wireless service. Of these 1,387 companies, an 
estimated 945 have 1,500 or fewer employees and 442 have more than 
1,500 employees. Consequently, the Commission estimates that most 
wireless service providers are small entities that may be affected by 
the rules and policies adopted herein.
Description of Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities
    14. Applicants for AWS licenses in the 1710-1755 MHz and the 2110-
2155 MHz bands will be required to submit short-form auction 
applications using FCC Form 175. In addition, winning bidders must 
submit long-form license applications through the Universal Licensing 
System using Form 601, FCC Ownership Disclosure Information for the 
Wireless Telecommunications Services using FCC Form 602, and other 
appropriate forms.
Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered
    15. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its adopted approach, 
which may include the following four alternatives (among others): (i) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(iii) the use of performance, rather than design, standards; and (iv) 
an exemption from coverage of the rule, or any part thereof, for small 
entities.
    16. We have taken significant steps to reduce burdens on small 
entities wherever possible. To provide opportunities for small entities 
to participate in any auction that is held, we provide bidding credits 
for small businesses and very small businesses as defined in Section C 
of this FRFA. The bidding credits adopted are 15 percent for small 
businesses and 25 percent for very small businesses. We have found that 
the use of tiered or graduated small business size standards is useful 
in furthering our mandate under section 309(j) of the Communications 
Act to promote opportunities for, and disseminate licenses to, a wide 
variety of applicants.
    17. Regarding our decision to apply our part 27 rules to this 
spectrum, we do not anticipate any adverse impact on small entities. 
The flexibility afforded by part 27 of our rules should benefit large 
and small entities alike, because licensees will be in a stronger 
position to meet changes in demand for services. Under this approach, 
all licensees will have the freedom to determine the services to be 
offered and the technologies to be used in providing these services. An 
alternative to this decision would have been to determine specific 
allowable service in each frequency band and apply the applicable rule 
part to the licensing of such services. This approach, however, would 
be unsatisfactory because it is too restrictive, and in any event, it 
is unclear that this approach would benefit small entities more than 
the flexible licensing approach we have decided upon today.
    18. Regarding our decision to license this spectrum by geographic 
area, we anticipate that on balance small entities will benefit from 
this licensing approach. Geographic licensing in these bands supports 
the Commission's overall spectrum management goals in that it allows 
licensees to quickly respond to market demand. Small entities that 
acquire spectrum that is licensed on a geographic area basis will 
benefit from such flexibility. Moreover, we have attempted to strike a 
balance here by using varying sizes of geographic areas. For example, 
small entities may be more interested in spectrum licensed by smaller 
geographic areas rather than in spectrum licensed on a nationwide or 
large regional basis. Consequently, we have decided to include 
licensing areas based on MSAs and RSAs. As RCA observes, MSAs and RSAs 
permit entities who are only interested in serving rural areas to 
acquire spectrum licenses for these areas alone and avoid acquiring 
spectrum licenses with high population densities that make purchase of 
license rights too expensive for these types of entities. These types 
of service providers could acquire an RSA and create a new service area 
or they could expand an existing service territory or supplement the 
spectrum they are licensed to operate in by adding an RSA. They could 
also combine a few MSAs and RSAs to create a larger but localized 
service territory. MSAs and RSAs allow entities to mix and match rural 
and urban areas according to their business plans. By being smaller, 
these types of geographic service areas provide entry opportunities for 
smaller carriers, new entrants, and rural telephone companies. Their 
inclusion in our band plan will foster service to rural areas and 
tribal lands and thereby bring the benefits of advanced services to 
these areas. An alternative to our decision to use geographic areas for 
licensing would have been to employ a site-by-site licensing approach. 
Site-by-site licensing, however, would be an inefficient licensing 
method due to a greater strain on Commission resources and less 
flexibility afforded to licensees.
    19. We have also made the decision to license the spectrum in 
different bandwidths. We do not believe this will disadvantage small 
entities. In fact, we have decided that the RSA/MSA license areas will 
be licensed as paired spectrum at 1735-1740 and 2135-2140 for a total 
of 734 licenses, thus providing the opportunity for entities to obtain 
a license encompassing as little as 10 megahertz of spectrum. Other 
spectrum will be licensed in pairs of 10 and 15 MHz blocks, providing 
flexibility to licensees in constructing their systems. Our approach 
provides maximum flexibility for both small and large entities to offer 
a wide range of communications services.
    20. We have also decided to permit the disaggregation and 
partitioning of these spectrum blocks. Licensees will thus be able to 
increase or decrease the size of their service areas to better meet 
market demands. Allowing licensees to partition and/or disaggregate 
their licensed spectrum should improve opportunities for small entities 
to acquire spectrum for their particular needs. An alternative to this 
approach would have been to prohibit partitioning and disaggregation; 
we believe that such an approach could foreclose options for small 
entities.
    21. In addition, we have decided that this spectrum will also be 
subject to the

[[Page 5714]]

rules recently adopted in the Secondary Markets Report and Order. In 
that Order, we took action to remove unnecessary regulatory barriers to 
the development of secondary markets. The Order established new 
policies and procedures that enable most wireless licensees, including 
part 27 licensees, to lease some or all of their spectrum usage rights 
to third-party spectrum lessees. Application of the new secondary 
market rules to this spectrum should help ensure that small businesses 
and rural carriers can acquire spectrum to meet their business needs by 
allowing more entities access to the AWS spectrum and permit the 
marketplace, rather than the Commission, to decide what use is made of 
this spectrum.
    22. We believe our objectives of ensuring both efficient use of 
spectrum and diversity of licensees can best be achieved by adopting a 
variety of license areas and spectrum block sizes, and ensuring the 
ability of licensees to partition and disaggregate their licenses and 
fully participate in the secondary markets. By adopting some smaller 
geographic licensing areas and some smaller spectrum block sizes, we 
believe we will encourage participation by smaller and rural entities, 
without the necessity of adopting set-asides and eligibility 
restrictions, because such licenses will be less expensive and should 
more closely mirror such bidders' needs. We believe that these same 
factors support our decision to decline to adopt other suggested 
alternatives, such as spectrum aggregation limits, in this band.
    23. Finally, regarding our decision to require a showing of 
``substantial service'' at license renewal time, we do not anticipate 
any adverse impact on small entities. An alternative would have been to 
adopt a ``minimal coverage'' requirement. We believe, however, that the 
substantial service standard is better because it will provide both 
small and large entities the flexibility to determine how best to 
implement their business plans based on actual service to end users.
Report to Congress
    24. The Commission will send a copy of the Order, including this 
FRFA, in a report to be sent to Congress pursuant to the Congressional 
Review Act. In addition, the Commission will send a copy of the Order, 
including the FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration.

III. Ordering Clauses

    25. Pursuant to 5 U.S.C. 553(d), the rules adopted herein shall 
become effective April 6, 2004.
    26. It is further ordered that part 27 of the Commission's rules 
shall become effective April 6, 2004. Information collections contained 
in these rules will be effective upon OMB approval.
    27. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the 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 Part 27

    Communications common carriers, 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 part 27 as follows:

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
1. 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.


0
2. Section 27.1 is amended by adding a paragraph (b)(8) to read as 
follows:


Sec.  27.1  Basis and purpose.

* * * * *
    (b) * * *
    (8) 1710-1755 MHz and 2110-2155 MHz.
* * * * *

0
3. Section 27.3 is amended by redesignating paragraphs (m) through (p) 
as paragraphs (n) through (q), and by adding new paragraph (m) to read 
as follows:


Sec.  27.3  Other applicable rule parts.

* * * * *
    (m) Part 64. This part sets forth the requirements and conditions 
applicable to telecommunications carriers under the Communications 
Assistance for Law Enforcement Act.
* * * * *

0
4. Section 27.4 is amended by adding the following in alphabetical 
order to read as follows:


Sec.  27.4  Terms and definitions.

    Advanced wireless service (AWS). A radiocommunication service 
licensed pursuant to this part for the frequency bands specified in 
Sec.  27.5(h).
* * * * *

0
5. Section 27.5 is amended by adding a new paragraph (h) to read as 
follows:


Sec.  27.5  Frequencies.

* * * * *
    (h) 1710-1755 MHz and 2110-2155 MHz bands. The following 
frequencies are available for licensing pursuant to this part in the 
1710-1755 MHz and 2110-2155 MHz bands:
    (1) Two paired channel blocks of 10 megahertz each are available 
for assignment as follows:

Block A: 1710-1720 MHz and 2110-2120 MHz; and
    Block B: 1720-1730 MHz and 2120-2130 MHz.

    (2) Two paired channel blocks of 5 megahertz each are available for 
assignment as follows:

Block C: 1730-1735 MHz and 2130-2135 MHz; and
Block D: 1735-1740 MHz and 2135-2140 MHz.

    (3) One paired channel block of 15 megahertz each is available for 
assignment as follows:

Block E: 1740-1755 MHz and 2140-2155 MHz.


0
6. Section 27.6 is amended by adding a new paragraph (h) to read as 
follows:


Sec.  27.6  Service areas.

* * * * *
    (h) 1710-1755 and 2110-2155 MHz bands. AWS service areas for the 
1710-1755 MHz and 2110-2155 MHz bands are as follows:
    (1) Service areas for Block A (1710-1720 MHz and 2110-2120 MHz) are 
based on Economic Areas (EAs) as defined in paragraph (a) of this 
section.
    (2) Service areas for Blocks B (1720-1730 MHz and 2120-2130 MHz), C 
(1730-1735 MHz and 2130-2135 MHz), and E (1740-1755 MHz and 2140-2155 
MHz) are based on Regional Economic Area Groupings (REAGs) as defined 
by paragraph (a) of this section.
    (3) Service areas for Block D (1735-1740 MHz and 2135-2140 MHz) are 
based on cellular markets comprising Metropolitan Statistical Areas 
(MSAs) and Rural Service Areas (RSAs) as defined by Public Notice 
Report No. CL-92-40 ``Common Carrier Public Mobile Services 
Information, Cellular MSA/RSA Markets and Counties,'' dated January 24, 
1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following 
modifications:
    (i) The service areas of cellular markets that border the U.S. 
coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. 
Gulf coastline.

[[Page 5715]]

    (ii) The service area of cellular market 306 that comprises the 
water area of the Gulf of Mexico extends from 12 nautical miles off the 
U.S. Gulf coast outward into the Gulf.

0
7. Section 27.11 is amended by adding a new paragraph (i) to read as 
follows:


Sec.  27.11  Initial authorization.

* * * * *
    (i) 1710-1755 MHz and 2110-2155 MHz bands. Initial authorizations 
for the 1710-1755 MHz and 2110-2155 MHz bands shall be for 5, 10 or 15 
megahertz of spectrum in each band in accordance with Sec.  27.5(h) of 
this part.
    (1) Authorizations for Block A, consisting of two paired channels 
of 10 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(1).
    (2) Authorizations for Block B, consisting of two paired channels 
of 10 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(2).
    (3) Authorizations for Block C, consisting of two paired channels 
of 5 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(2).
    (4) Authorizations for Block D, consisting of two paired channels 
of 5 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(3).
    (5) Authorizations for Block E, consisting of two paired channels 
of 15 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(2).

0
8. Section 27.13 is amended by adding a new paragraph (g) to read as 
follows:


Sec.  27.13  License period.

* * * * *
    (g) 1710-1755 MHz and 2110-2155 MHz bands. Authorizations for the 
1710-1755 MHz and 2110-2155 MHz bands will have a term not to exceed 
ten years from the date of initial issuance or renewal, except that 
authorizations issued on or before December 31, 2009, shall have a term 
of fifteen years.

0
9. Section 27.14 is amended by revising paragraph (a) to read as 
follows:


Sec.  27.14  Construction requirements; Criteria for comparative 
renewal proceedings.

    (a) AWS and WCS licensees must make a showing of ``substantial 
service'' in their license area within the prescribed license term set 
forth in Sec.  27.13. ``Substantial'' service is defined as service 
which is sound, favorable, and substantially above a level of mediocre 
service which just might minimally warrant renewal. Failure by any 
licensee to meet this requirement will result in forfeiture of the 
license and the licensee will be ineligible to regain it.
* * * * *

0
10. Section 27.15 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  27.15  Geographic partitioning and spectrum disaggregation.

    (a) * * *
    (2) AWS and WCS licensees may apply to partition their licensed 
geographic service area or disaggregate their licensed spectrum at any 
time following the grant of their licenses.
* * * * *

0
11. Section 27.50 is amended by redesignating paragraphs (d) through 
(g) as paragraphs (e) through (h) and adding a new paragraph (d) to 
read as follows:


Sec.  27.50  Power and antenna height limits.

* * * * *
    (d) The following power and antenna height requirements apply to 
stations transmitting in the 1710-1755 MHz and 2110-2155 MHz bands:
    (1) Fixed and base stations transmitting in the 2110-2155 MHz band 
are limited to a peak effective isotropic radiated power (EIRP) of 1640 
watts and a peak output power of 100 watts.
    (2) Fixed, mobile, and portable (hand-held) stations operating in 
the 1710-1755 MHz band are limited to a peak EIRP of 1 watt. Fixed 
stations operating in this band are limited to a maximum antenna height 
of 10 meters above ground, and mobile and portable stations must employ 
a means for limiting power to the minimum necessary for successful 
communications.
* * * * *

0
12. Section 27.53 is amended by redesignating paragraphs (g), (h), (i), 
(j), and (k) as paragraphs (h), (i), (j), (k), and (l), and adding a 
new paragraph (g) to read as follows:


Sec.  27.53  Emission limits.

* * * * *
    (g) For operations in the 1710-1755 MHz and 2110-2155 MHz bands, 
the power of any emission outside a licensee's frequency block shall be 
attenuated below the transmitter power (P) by at least 43 + 10 
log10 (P) dB.
    (1) Compliance with this provision is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 
megahertz or greater. However, in the 1 megahertz bands immediately 
outside and adjacent to the licensee's frequency block, a resolution 
bandwidth of at least one percent of the emission bandwidth of the 
fundamental emission of the transmitter may be employed. The emission 
bandwidth is defined as the width of the signal between two points, one 
below the carrier center frequency and one above the carrier center 
frequency, outside of which all emissions are attenuated at least 26 dB 
below the transmitter power.
    (2) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the licensee's frequency block 
edges, both upper and lower, as the design permits.
    (3) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power.
* * * * *

0
13. Section 27.55 is revised to read as follows:


Sec.  27.55  Signal strength limits.

    (a) Field strength limits. For the following bands, the predicted 
or measured median field strength at any location on the geographical 
border of a licensee's service area shall not exceed the value 
specified unless the adjacent affected service area licensee(s) 
agree(s) to a different field strength. This value applies to both the 
initially offered service areas and to partitioned service areas.
    (1) 2110-2155, 2305-2320 and 2345-2360 MHz bands: 47 dB[mu] V/m.
    (2) 698-764 and 776-794 MHz bands: 40 dB[mu] V/m.
    (3) The paired 1392-1395 MHz and 1432-1435 MHz bands and the 
unpaired 1390-1392 MHz band (1.4 GHz band): 47 dB[mu]V/m.
    (b) Power flux density limit. For base and fixed stations operating 
in the 698-746 MHz band, with an effective radiated power (ERP) greater 
than 1 kW, the power flux density that would be produced by such 
stations through a combination of antenna height and vertical gain 
pattern must not exceed 3000 microwatts per square meter on the ground 
over the area extending to 1 km from the base of the antenna mounting 
structure.

0
14. Section 27.57 is amended by adding a new paragraph (c) to read as 
follows:


Sec.  27.57  International coordination.

* * * * *
    (c) Operation in the 1710-1755 MHz and 2110-2155 MHz bands is 
subject to international agreements with Mexico and Canada.
0
15. Section 27.63 is revised to read as follows:

[[Page 5716]]

Sec.  27.63  Disturbance of AM broadcast station antenna patterns.

    AWS and WCS licensees that construct or modify towers in the 
immediate vicinity of AM broadcast stations are responsible for 
measures necessary to correct disturbance of the AM station antenna 
pattern which causes operation outside of the radiation parameters 
specified by the FCC for the AM station, if the disturbance occurred as 
a result of such construction or modification.
    (a) Non-directional AM stations. If tower construction or 
modification is planned within 1 kilometer (0.6 mile) of a non-
directional AM broadcast station tower, the AWS or WCS licensee must 
notify the licensee of the AM broadcast station in advance of the 
planned construction or modification. Measurements must be made to 
determine whether the construction or modification would affect the AM 
station antenna pattern. The AWS or WCS licensee is responsible for the 
installation and continued maintenance of any detuning apparatus 
necessary to restore proper non-directional performance of the AM 
station tower.
    (b) Directional AM stations. If tower construction or modification 
is planned within 3 kilometers (1.9 miles) of a directional AM 
broadcast station array, the AWS or WCS licensee must notify the 
licensee of the AM broadcast station in advance of the planned 
construction or modification. Measurements must be made to determine 
whether the construction or modification would affect the AM station 
antenna pattern. The AWS or WCS licensee is responsible for the 
installation and continued maintenance of any detuning apparatus 
necessary to restore proper performance of the AM station array.
0
16. A new subpart L is added to read as follows:
Subpart L--1710-1755 MHz and 2110-2155 MHz Bands

Licensing and Competitive Bidding Provisions

27.1101 1710-1755 MHz and 2110-2155 MHz bands subject to competitive 
bidding.
27.1102 Designated entities.

Relocation of Incumbents

27.1111 Relocation of fixed microwave service licensees in the 2110-
2150 MHz band.

Protection of Incumbent Operations

27.1131 Protection of Part 101 operations.
27.1132 Protection of Part 21 operations.
27.1133 Protection of Part 74 and Part 78 operations.
27.1134 Protection of Federal Government operations.
27.1135 Protection of non-Federal Government Meteorological-
Satellite operations.

Subpart L--1710-1755 MHz and 2110-2155 MHz Bands

Licensing and Competitive Bidding Provisions


Sec.  27.1101  1710-1755 MHz and 2110-2155 MHz bands subject to 
competitive bidding.

    Mutually exclusive initial applications for 1710-1755 MHz and 2110-
2155 MHz band licenses are subject to competitive bidding. The general 
competitive bidding procedures set forth in 47 CFR part 1, subpart Q 
will apply unless otherwise provided in this subpart.


Sec.  27.1102  Designated entities.

    (a) Eligibility for small business provisions. (1) A small business 
is an entity that, together with its affiliates, its controlling 
interests and the affiliates of its controlling interests, has average 
gross revenues that are not more than $40 million for the preceding 
three years.
    (2) A very small business is an entity that, together with its 
affiliates, its controlling interests and the affiliates of its 
controlling interests, has average gross revenues that are not more 
than $15 million for the preceding three years.
    (b) Bidding credits. (1) A winning bidder that qualifies as a small 
business, as defined in this section, or a consortium of small 
businesses may use a bidding credit of 15 percent, as specified in 
Sec.  1.2110(f)(2)(iii) of this chapter, to lower the cost of its 
winning bid on any of the licenses in this part.
    (2) A winning bidder that qualifies as a very small business, as 
defined in this section, or a consortium of very small businesses may 
use a bidding credit of 25 percent, as specified in Sec.  
1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid 
on any of the licenses in this part.

Relocation of Incumbents


Sec.  27.1111  Relocation of fixed microwave service licensees in the 
2110-2150 MHz band.

    Part 101, subpart B of this chapter contains provisions governing 
the relocation of incumbent fixed microwave service licensees in the 
2110-2150 MHz band.

Protection of Incumbent Operations


Sec.  27.1131  Protection of Part 101 operations.

    All AWS licensees, prior to initiating operations from any base or 
fixed station, must coordinate their frequency usage with co-channel 
and adjacent channel incumbent, Part 101 fixed-point-to-point microwave 
licensees operating in the 2110-2155 MHz band. Coordination shall be 
conducted in accordance with the provisions of Sec.  24.237 of this 
chapter.


Sec.  27.1132  Protection of Part 21 operations.

    All AWS licensees, prior to initiating operations from any base or 
fixed station, must coordinate their frequency usage with co-channel 
and adjacent channel incumbent Part 21 MDS licensees operating in the 
2150-2155 MHz band. In the event that AWS and MDS licensees cannot 
reach agreement in coordinating their facilities, either licensee may 
seek the assistance of the Commission, and the Commission may then, at 
its discretion, impose requirements on either or both parties.


Sec.  27.1133  Protection of Part 74 and Part 78 operations.

    AWS operators must protect previously licensed Broadcast Auxiliary 
Service (BAS) or Cable Television Radio Service (CARS) operations in 
the adjacent 2025-2110 MHz band. In satisfying this requirement AWS 
licensees must, before constructing and operating any base or fixed 
station, determine the location and licensee of all BAS or CARS 
stations authorized in their area of operation, and coordinate their 
planned stations with those licensees. In the event that mutually 
satisfactory coordination agreements cannot be reached, licensees may 
seek the assistance of the Commission, and the Commission may, at its 
discretion, impose requirements on one or both parties.


Sec.  27.1134  Protection of Federal Government operations.

    (a) Protection of Department of Defense operations in the 1710-1755 
MHz band. The Department of Defense (DoD) operates communications 
systems in the 1710-1755 MHz band at 16 protected facilities, 
nationwide. AWS licensees must accept any interference received from 
these facilities and must protect the facilities from interference. AWS 
licensees shall protect the facilities from interference by restricting 
the operation of their base and fixed stations from any locations that 
could potentially permit AWS mobile, fixed, and portable stations 
transmitting in the 1710-1755 MHz band to cause interference to 
government operations within the radii of operation of the 16 
facilities (the radii of operation of each facility is indicated in the 
third column of Table 1 immediately following paragraph (a)(3) of this 
section). In

[[Page 5717]]

addition, AWS licensees shall be required to coordinate any operations 
that could permit mobile, fixed, and portable stations to operate in 
the specified areas of the 16 facilities, as defined in paragraph 
(a)(3) of this section. Protection of these facilities in this manner 
shall take place under the following conditions:
    (1) At the Yuma, Arizona and Cherry Point, North Carolina 
facilities, all operations shall be protected indefinitely.
    (2) At the remaining 14 facilities, airborne and military test 
range operations shall be protected until such time as these systems 
are relocated to other spectrum, and precision guided munitions (PGM) 
operations shall be protected until such time as these systems are 
relocated to other spectrum or until PGM inventory at each facility is 
exhausted, whichever occurs first.
    (3) AWS licensees whose transmit operations in the 1710-1755 MHz 
band consist of fixed or mobile operations with nominal transmit EIRP 
values of 100 mW or less and antenna heights of 1.6 meters above ground 
or less shall coordinate their services around the 16 sites at the 
distance specified in row a. of Table 2. AWS licensees whose transmit 
operations in the 1710-1755 MHz band consist of fixed or mobile 
operations with nominal transmit EIRP values of 1 W or less and antenna 
heights of 10 meters above ground or less shall coordinate their 
services around the 16 sites at the distance specified in row b. of 
Table 2. These coordination distances shall be measured from the edge 
of the operational distances indicated in the third column of Table 1, 
and coordination with each affected DoD facility shall be accomplished 
through the Commander of the facility.

          Table 1.--Protected Department of Defense Facilities
------------------------------------------------------------------------
                                                              Radius of
           Location                     Coordinates           operation
------------------------------------------------------------------------
Cherry Point, NC.............  34[deg]58' N 076[deg]56' W            100
Yuma, AZ.....................  32[deg]32' N 113[deg]58' W            120
China Lake, CA...............  35[deg]41' N 117[deg]41' W            120
Eglin AFB, FL................  30[deg]29' N 086[deg]31' W            120
Pacific Missile Test Range/    34[deg]07' N 119[deg]30' W             80
 Point Mugu, CA.
Nellis AFB, NV...............  36[deg]14' N 115[deg]02' W            160
Hill AFB, UT.................  41[deg]07' N 111[deg]58' W            160
Patuxent River, MD...........  38[deg]17' N 076[deg]25' W             80
White Sands Missile Range, NM  33[deg]00' N 106[deg]30' W             80
Fort Irwin, CA...............  35[deg]16' N 116[deg]41' W             50
Fort Rucker, AL..............  31[deg]13' N 085[deg]49' W             50
Fort Bragg, NC...............  35[deg]09' N 079[deg]01' W             50
Fort Campbell, KY............  36[deg]41' N 087[deg]28' W             50
Fort Lewis, WA...............  47[deg]05' N 122[deg]36' W             50
Fort Benning, GA.............  32[deg]22' N 084[deg]56' W             50
Fort Stewart, GA.............  31[deg]52' N 081[deg]37' W             50
------------------------------------------------------------------------


Table 2.--Coordination Distances for the Protected Department Of Defense
                               Facilities
------------------------------------------------------------------------
                                                           Coordination
           1710-1755 MHz transmit operations              distance  (km)
------------------------------------------------------------------------
a. EIRP <=100 mW, antenna height <=1.6 m AG............               35
b. EIRP <=1 W, antenna height <=10 m AG................               55
------------------------------------------------------------------------

    (b) Protection of non-DoD operations in the 1710-1755 MHz and 1755-
1761 MHz bands. Until such time as non-DoD systems operating in the 
1710-1755 MHz and 1755-1761 MHz bands are relocated to other spectrum, 
AWS licensees shall protect such systems by satisfying the appropriate 
provisions of TIA Telecommunications Systems Bulletin 10-F, 
``Interference Criteria for Microwave Systems,'' May, 1994 (TSB 10-F).
    (c) Protection of Federal Government operations below 1710 MHz. AWS 
licensees operating fixed stations in the 1710-1755 MHz band, if 
notified that such stations are causing interference to radiosonde 
receivers operating in the Meteorological Aids Service in the 1675-1700 
MHz band or a meteorological-satellite earth receiver operating in the 
Meteorological-Satellite Service in the 1675-1710 MHz band, shall be 
required to modify the stations' location and/or technical parameters 
as necessary to eliminate the interference.
    (d) Recognition of NASA Goldstone facility operations in the 2110-
2120 MHz band. The National Aeronautics and Space Administration (NASA) 
operates the Deep Space Network (DSN) in the 2110-2120 MHz band at 
Goldstone, California (see Table 3). NASA will continue its operations 
of high power transmitters (nominal EIRP of 105.5 dBW with EIRP up to 
119.5 dBW used under emergency conditions) in this band at this 
location. AWS licensees must accept any interference received from the 
Goldstone DSN facility in this band.

                          Table 3.--Location of the NASA Goldstone Deep Space Facility
----------------------------------------------------------------------------------------------------------------
                                                                                    Maximum  transmitter  output
                Location                                 Coordinates                            power
----------------------------------------------------------------------------------------------------------------
Goldstone, California...................  35[deg]18' N 116[deg]54' W                500 kW
----------------------------------------------------------------------------------------------------------------


[[Page 5718]]

Sec.  27.1135  Protection of non-Federal Government Meteorological-
Satellite operations.

    AWS licensees operating fixed stations in the 1710-1755 MHz band, 
if notified that such stations are causing interference to 
meteorological-satellite earth receivers operating in the 
Meteorological-Satellite Service in the 1675-1710 MHz band, shall be 
required to modify the stations' location and/or technical parameters 
as necessary to eliminate the interference.

[FR Doc. 04-1835 Filed 2-5-04; 8:45 am]
BILLING CODE 6712-01-P