[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8132-8145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3730]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22, 24, 27 and 90

[WT Docket No. 03-264; FCC 03-334]


Biennial Regulatory Review--Streamlining and Harmonizing Various 
Rules Affecting Wireless Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission opens a proceeding to 
streamline and harmonize licensing provisions in the wireless radio 
services (WRS) that were identified in part during the Commission's 
2000 and 2002 biennial regulatory reviews pursuant to the 
Communications Act of 1934, as amended (``Communications Act'' or 
``Act''). Specifically, the Commission proposes various amendments to 
the rules to modify or eliminate provisions that treat licensees 
differently and/or have become outdated as a result of technological 
change, supervening changes to related Commission rules, and/or 
increased competition within WRS.

DATES: Comments are due on or before April 23, 2004 and reply comments 
are due on or before May 24, 2004.

FOR FURTHER INFORMATION CONTACT: Jay Jackson, Wireless 
Telecommunications Bureau, at (202) 418-0620.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rulemaking (NPRM), FCC 
03-334, in WT Docket No. 03-264, adopted on December 29, 2003, and 
released on January 7, 2004. The full text of the NPRM is available for 
inspection and copying during normal business hours in the FCC 
Reference Information Center, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. The complete text may be purchased from the 
Commission's duplicating contractor, Qualex International, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554, (202) 863-2893. The 
complete text may also be downloaded at: www.fcc.gov.

Synopsis of MO&O

    1. In the 2000 Biennial Review Report and 2002 Biennial Review 
Report, the Commission supported proposals to streamline, harmonize, 
and update a number of regulations after reviewing various WRS rule 
parts pursuant to section 11 of the Act. Section 11 of the Act requires 
the Commission to review biennially its regulations that are applicable 
to providers of telecommunications service in order to determine 
whether any rule is ``no longer necessary in the public interest as the 
result of meaningful economic competition.'' Following such reviews, 
the Commission is required to modify or repeal any such regulations 
that are no longer in the public interest. Since the release of the 
biennial review reports, the Commission has considered modifying or 
repealing certain regulations by issuing notices of proposed 
rulemakings as appropriate. This NPRM addresses additional proposals, 
identified in the 2000 and/or 2002 biennial review reports, to 
streamline and harmonize WRS rules that may no longer be necessary in 
the public interest pursuant to section 11 of the Act.
    2. To a great extent, technological changes and/or successive 
changes to various Commission licensing rules have made it appropriate 
to review whether many of these rules are obsolete and no longer in the 
public interest. Accordingly, the NPRM seeks comment on streamlining 
and harmonizing these rules if they no longer serve the public interest 
in their current form notwithstanding any findings regarding the level 
of competition among existing services. In its 2002 Biennial Review 
Report, the Commission clarified the scope and standard of review for 
future proceedings conducted pursuant to section 11. In so doing, the 
Commission acknowledged that it has broad discretion to review the 
continued need for any rule even in the absence of a congressional 
mandate such as section 11. Accordingly, this NPRM seeks comment 
pursuant to the Commission's broad authority to consider any proposed 
modifications to or eliminations of these existing rules under the 
Commission's general public interest standard. Under this broader

[[Page 8133]]

standard for review, this NPRM generally seeks comment on inter alia 
the appropriateness of certain rules in light of key principles 
underlying the Commission's approach to spectrum management.

Discussion

    3. The Commission solicits comment on various amendments to 
provisions in parts 1, 22, 24, 27, and 90 of the rules. The Commission 
seeks comment generally whether these provisions should be (1) 
streamlined as a result of competitive, technological, or subsequent 
administrative rule changes and/or (2) harmonized because they treat 
similarly situated services differently. Although many of these 
proposals are technical in nature and/or limited in application to 
particular WRS, they nonetheless are consistent with the Commission's 
goal to harmonize rules and streamline the licensing obligations for 
all WRS licensees by eliminating unnecessary rules, as appropriate. In 
addition, the proposals are consistent with continued Commission 
efforts to move toward innovative approaches to spectrum policy that 
are designed to maximize the public interest benefits derived from the 
use of radio spectrum. The Commission also provides notice of and 
invites the public to review various administrative corrections that it 
intends to make at the conclusion of this proceeding to update and/or 
clarify certain WRS rules. While it is not necessary pursuant to the 
Administrative Procedure Act to seek comment on all of the proposed 
rule changes in this item, the Commission does so to facilitate 
administrative efficiency.

Classification of Part 90 Frequency and/or Transmitter Site Deletions 
as Minor Modifications Under Part 1

    4. Section 1.929(c)(4) of the Commission's rules requires that 
certain requests for modification to a site-specific part 90 
authorization, including changes to the frequencies or locations of 
base stations, are considered major modifications to the license which 
require prior Commission approval. Pursuant to Sec.  90.135(b) of the 
rules, a site-specific part 90 licensee that makes a modification 
request listed in Sec.  1.929(c)(4) must submit its request to the 
applicable frequency coordinator, unless the request falls within one 
of the specific exemptions listed in Sec.  90.175 of the rules.
    5. In the 2002 biennial review proceeding, the Cellular 
Telecommunications & Internet Association (CTIA) asks the Commission to 
clarify that applications requesting only that a frequency be deleted 
from an authorization fall under the exemptions of Sec.  90.175(i) and 
thus are exempt from the coordination process. As support, CTIA argues 
that the deletion of some frequencies from an authorization is no 
different than the cancellation of an entire authorization, which 
currently does not require any frequency coordination before being 
submitted to the Commission.
    6. The American Petroleum Institute (API) makes a similar request 
that the Commission modify Sec.  1.929(c)(4)(v) and/or Sec.  1.929(k) 
of the rules to categorize the deletion of a site from a multi-site 
part 90 authorization as a minor modification which would require 
neither frequency coordination nor prior Commission approval. In lieu 
of coordination and prior approval, API advocates that such a change 
could be achieved by filing a notification through the Universal 
Licensing System (ULS). API contends that ULS eliminated the 
traditional reason to inform frequency coordinators when a licensee 
proposes to delete a site (i.e., so they know when spectrum is 
available) because they can now access the information immediately in 
ULS. As a result, API concludes that the requirement is now ``an 
unnecessary administrative burden upon the licensee, with no 
corresponding public or private benefit.''
    7. In the 2002 BR Staff Report, Commission staff recommends that 
the Commission consider both CTIA's and API's proposals to determine 
whether rule changes are warranted. Staff found that requiring 
frequency coordination and prior Commission approval for deletions of a 
frequency or a transmitter site may no longer be in the public 
interest. For example, staff states that not applying the frequency 
coordination requirement to frequency deletion could ``reduce the 
processing burden on both applicants and frequency coordinators in 
cases in which the frequency coordination function is unnecessary.''
    8. The Commission tentatively concludes that a request to delete a 
frequency or a site from a multi-site authorization under part 90 
should be considered a minor modification that requires neither 
frequency coordination nor the Commission's prior approval. The 
Commission agrees that frequency coordination in these cases is 
unnecessary given that ULS now provides frequency coordinators with 
immediate access to frequency and site information. It would be 
inconsistent to require coordination for a deletion of a site or a 
frequency when it is not required for a request to cancel an entire 
authorization. The Commission therefore proposes to amend its rules 
such that these actions will be treated as minor modifications under 
part 1 of the Commission's rules. The Commission invites comment on 
this tentative conclusion. The Commission also seeks comment on whether 
there remains any need for licensees to notify the applicable frequency 
coordinator of any given deletion, if the rules are modified as 
proposed.

Effective Radiated Power/Equivalent Isotropically Radiated Power

    9. In its comments in the 2000 biennial review proceeding, the 
Wireless Communications Division of the Telecommunications Industry 
Association (TIA) states that designating FCC power limits in terms of 
ERP in the Cellular Radiotelephone Service (cellular) rules and EIRP in 
the broadband Personal Communications Service (PCS) rules is 
``confusing to [its members'] customers since it appears that a dual 
mode phone [transmits] at different power levels at different 
frequencies.'' TIA argues that having two different types of power 
limits in the same device could be confusing to those who do not 
possess a scientific or engineering background. Therefore, TIA requests 
that the Commission specify all power limits in parts 22 and 24 of the 
rules in terms of EIRP. TIA further recommends that EIRP be used 
universally in all parts of the Commission's rules to end any confusion 
regarding ERP and EIRP.
    10. Although the Commission recommended in the 2000 Biennial Review 
Report that a rulemaking proposal be initiated to consider using EIRP 
exclusively in Commission rules, the Commission tentatively concludes 
that the costs of implementation and potential for greater confusion 
that would likely be associated with making a wholesale conversion from 
ERP limits to EIRP limits outweigh the potential benefits to those 
licensees who do not possess the scientific or engineering expertise to 
distinguish between the two standards. As TIA notes in its comments, 
the conversion from ERP to EIRP is a simple calculation and 
``manufacturers realize that radio waves propagate differently above 
and below 1 GHz.'' Such a change in the rules would require extensive 
modifications, not only for the Commission (e.g., reprogramming the 
Universal Licensing System (ULS), amending international agreements 
negotiated in terms of ERP, etc.), but also for licensees, frequency 
coordinators, manufacturers, and others in the wireless industry. 
Moreover, because an EIRP limit is always a larger number than the 
equivalent ERP limit, the Commission believes that restating

[[Page 8134]]

all ERP limits as EIRP limits could likely cause some entities (e.g., 
licensees, frequency coordinators, etc.) to mistakenly think that the 
Commission has increased the permitted power. The Commission seeks 
comment on this tentative conclusion. If parties disagree with this 
tentative conclusion, they should provide specific examples of how the 
benefits of such a harmonization outweigh the inevitable costs and 
potentially greater confusion among the public from such a conversion 
in the rules.

Part 22 Transmitter Identification

    11. Section 22.303 of the Commission's rules provides, inter alia, 
that ``[t]he station call sign must be clearly and legibly marked on or 
near every transmitting facility, other than mobile transmitters, of 
the station.'' In the 2002 biennial review proceeding, CTIA and the 
Rural Cellular Association (RCA) recommend that the Commission 
eliminate this requirement in the interest of commercial wireless 
regulatory parity, since wireless services regulated under other parts 
of the Commission's rules are not subject to a comparable obligation to 
post call sign information on each transmitter. The Commission agrees 
with CTIA and RCA that these rules should be harmonized and tentatively 
concludes to delete the last sentence of Sec.  22.303, thereby 
eliminating the transmitter-specific posting requirement for cellular 
and other part 22 licensees. The Commission requests comment on this 
proposal, including whether the absence of call sign information on 
transmitting facilities associated with other WRS that are not subject 
to part 22 has proved problematic to the public or other carriers in 
any way.

Part 24 Power and Antenna Height Limits

    12. Section 24.232(a) of the Commission's rules contains, inter 
alia, power limitations for broadband PCS. Specifically, base stations 
are limited to 1640 watts peak EIRP with an antenna height up to 300 
meters height above average terrain (HAAT) and base station 
transmitters are limited to 100 watts peak output power. When the 
Commission adopted the 100 watt transmitter power output limit in 1994, 
it did so to ensure that broadband PCS licensees utilizing the 
concurrent increase in EIRP limit for base stations from 100 to 1640 
watts would use low power transmitters with high-gain, directional 
antennas, rather than high power transmitters with low-gain, non-
directional antennas. Such use of directional antennas, the Commission 
stated, would help reduce the likelihood that PCS licensees would 
deploy base stations that could transmit a strong signal over distances 
well beyond a mobile unit's capability to respond. The Commission later 
clarified in 1994 that the power limits contained in 47 CFR 24.232 
``apply to [ ] individual components and not to the sum of all 
components at the entire base station.''
    13. In comments filed in the 2002 biennial review proceeding, 
Powerwave asserts that the power limitations contained in this rule 
section are overly restrictive. According to Powerwave, as subscriber 
growth in PCS has increased dramatically since broadband PCS systems 
were first authorized, the number of carriers (i.e., the individual 
electrical signals that carry information) required to provide the 
additional voice channels has also increased. Powerwave contends that, 
in order to ``provide the same level of service over more carriers at 
the same distance, it is necessary to increase power.'' Moreover, 
Powerwave asserts that the need for higher power levels has also 
increased because, due to increased local resistance to base station 
construction, more PCS stations must be collocated with cellular 
stations and, therefore, are spaced on a cellular design. As a result, 
PCS licensees, according to Powerwave, are increasingly using multi-
carrier power amplifiers (MCPAs) to operate their systems.
    14. Powerwave contends that Sec.  24.232(a) generally has the 
unintended effect of thwarting PCS carriers' response to this increased 
demand by unfairly penalizing the use of MCPAs because the rule limits 
power per transmitter rather than per carrier. Powerwave asserts that 
the Commission's clarification in 1994 supports its position, but that 
the clarification was not incorporated into the Commission's rules. 
Therefore, Powerwave requests that the Commission, at the very least, 
amend Sec.  24.232 to provide that the output power of each carrier 
must not exceed 100 watts, instead of each transmitter. Powerwave, 
however, suggests that such a restriction is nevertheless insufficient 
in today's PCS environment, and instead, proposes that the Commission 
eliminate the output power restriction entirely and rely solely on the 
limit on radiated power. Either change, Powerwave contends, would not 
affect the Commission's intent to prevent PCS licensees from operating 
a base station with a signal too powerful such that it would ``outrun 
its mobile units,'' because it is by now recognized that it is in the 
carrier's self-interest to ``optimally balance the link between its 
base stations and mobile units.''
    15. In the 2002 BR Staff Report, Commission staff agrees with 
Powerwave and concludes that Sec.  24.232(a) should be modified in 
order to regulate PCS base station transmissions in a technologically-
neutral manner. Staff believes that ``the current rule may hinder the 
development and deployment of technologies (e.g., the multi-carrier 
amplifiers described by Powerwave) that combine signals in innovative 
ways yet do not increase the potential for harmful interference to 
neighboring systems.''
    16. Given the case presented by Powerwave and subsequent 
recommendations of staff, the Commission seeks comment on whether to 
relax the power limitations in Sec.  24.232(a) by either amending the 
rule to clarify that the output power limit of 100 watts applies on a 
per carrier basis in the case of MCPAs or eliminating the transmitter 
output power restriction in its entirety. In view of the Commission's 
goal to harmonize rules and promote the efficient use of spectrum 
across comparable WRS, the Commission seeks comment on whether there is 
any need for the transmitter power output restriction in part 24, and 
if so, whether it can be modified to increase flexibility for PCS 
licensees to employ MCPAs. The Commission seeks comment on which 
approach is more desirable given the potential benefits to the public 
that would result from implementing either revision to the PCS power 
limits. The Commission also requests comment on the likelihood of 
interference or potential impact to the quality of PCS service 
associated with the two approaches.
    17. Parties favoring retaining the output power limit on a ``per 
carrier'' basis instead of a ``per transmitter'' basis should provide 
definitions of the term ``carrier'' for a rule that would not be 
ambiguous for any of the various types of modulation technology that 
could be used and that can be complied with without difficulty. In this 
regard, the Commission notes that compliance with the output power rule 
occurs mainly through the equipment authorization process. This process 
places the burden of compliance through measurements on equipment 
manufacturers (such as Powerwave) as opposed to PCS licensees. While 
compliance with the current rule is easily determined (i.e., measuring 
the power capability of a transmitter is a well-established laboratory 
procedure), the Commission is concerned that if the rule were revised 
to state a limit on a per carrier

[[Page 8135]]

basis, it may no longer be possible to determine compliance through the 
equipment authorization process, because neither the manufacturer, the 
measurement laboratory, nor the Commission can know in advance how many 
carriers the future owner of the MCPA (i.e., the PCS licensee) would 
use. The Commission therefore asks parties to comment on how difficult 
and expensive it might be for a PCS licensee to monitor the power of 
each individual carrier to ensure compliance with the rule. In 
addition, commenters should address whether or not a ``per carrier'' 
rule would be technology-neutral if it permitted licensees utilizing 
relatively narrower bandwidth technologies (e.g., GSM) to operate with 
higher aggregate power across their authorized spectrum than licensees 
utilizing relative broader bandwidth technologies such as CDMA. In 
their comments, parties should consider other alternatives, including 
whether or not a power spectral density limit (i.e., power per unit 
bandwidth) would be more equitable and thus preferable than a per-
carrier wording.

Proposed Modifications to Part 90

Frequency Coordination

    18. Section 90.175(i) includes exemptions from the general 
coordination obligation of part 90 license applications. Among these 
exceptions, the Commission does not require evidence of frequency 
coordination to accompany applications for 800 MHz Upper 200 and Lower 
80 SMR frequencies. In the 2002 biennial review proceeding, CTIA asks 
the Commission to expand the exceptions to the coordination 
requirements to include the 800 MHz General Category frequencies. CTIA 
argues that because the 800 MHz General Category channels are now 
subject to competitive bidding and are authorized by exclusive 
geographic areas, as the 800 MHz Upper 200 and Lower 80 SMR frequencies 
are, the need for frequency coordination is no longer necessary.
    19. In the 2002 BR Staff Report, Commission staff finds that the 
frequency coordination requirements of Sec.  90.175 may no longer be in 
the public interest for certain 800 MHz General Category frequencies. 
However, staff states that ``the possible conversion of existing site-
by-site licensed general category frequencies to a different mode of 
operation (e.g., from conventional to trunked use), and the potential 
shared use environment of the frequencies, makes [wholesale] 
elimination of the coordination requirement a concern.'' Staff also 
states that frequency coordination ``remains beneficial in a shared use 
environment to ensure efficient use and prevent interference.'' 
Therefore, the Commission seeks comment on whether to eliminate the 
frequency coordination requirement for incumbent licensees operating on 
800 MHz General Category frequencies on a non-shared basis, where such 
licensees propose new and/or modified facilities that do not expand the 
applicable interference contour. By limiting proposed elimination of 
the frequency coordination requirement to certain categories, the 
Commission addresses the staff's concern that a number of shared use 
systems, including private, public safety and SMR incumbents, are 
protected. The Commission asks that parties take this into 
consideration in their comments to the extent they support modification 
or elimination of the frequency coordination requirement for certain 
800 MHz General Category frequencies.

Emission Masks

    20. Section 90.210 of the Commission's rules describes several 
emission masks applicable to part 90 transmitters. In comments in the 
2002 biennial review proceeding, Motorola notes that, while the 
standards imposed by this rule section generally serve the public 
interest by limiting unwanted emissions outside the authorized 
bandwidth and thus minimizing adjacent channel interference, Emission 
Mask G, set forth in Sec.  90.210(g), limits design flexibility without 
any corresponding value in improved interference control. Motorola 
recommends that the Commission conform the Emission Mask G rule to the 
steps it has taken in recent years in adopting modulation-independent 
masks (emission masks D, E, and F) that place no limitation on the 
spectral power density profile within the maximum authorized bandwidth. 
Commission staff agrees with Motorola in its 2002 BR Staff Report and 
recommends that the Commission consider adopting Motorola's request in 
order to potentially enhance design flexibility without diminishing 
interference protection.
    21. The Commission proposes to revise Sec.  90.210(g) to eliminate 
paragraph (g)(1) and renumber the remaining subsections. Not only will 
this change afford greater flexibility to equipment manufacturers, but 
it will conform the Commission's approach for this emission mask with 
its rules governing a number of other emission masks applicable to part 
90 services. The Commission requests comment on the potential benefits 
to the public of making this change, and whether this proposed revision 
would, despite its intent, potentially increase interference.
    22. In addition, Sec.  90.210(m) specifies a resolution bandwidth 
of at least 10 kHz when performing measurements under the condition of 
the unwanted emission being on a frequency below 1 GHz that is more 
than 50 kHz removed from the edge of the authorized bandwidth. Both 
Motorola and TIA request that the Commission revise Sec.  90.210(m) to 
conform the emission mask measurement method to the standards set forth 
in Appendix S3, Article 10 of the International Telecommunications 
Union (ITU) Radio Regulations (ITU Regulation S3.10) which became 
effective on January 1, 2003. According to Motorola, ITU Regulation 
S3.10 ``serves to control unwanted out-of-band emissions more 
stringently by increasing the resolution bandwidth under that condition 
to be 100 kHz, not 10 kHz.'' The Commission tentatively concludes that 
it should revise Sec.  90.210(m) of its rules to conform to ITU 
Regulation S3.10, because it believes this revision will provide 
greater protection against interference. The Commission requests 
comment on this tentative conclusion.

800 MHz and 900 MHz Supplemental Information

    23. Section 90.607 of the Commission's rules describes the 
supplemental information that must be furnished by applicants for 800 
MHz and 900 MHz SMR systems. Under paragraph (a) of this rule, 
applicants proposing to provide service on a commercial basis in these 
bands must supply, among other things, a statement of their ``planned 
mode of operation'' and a statement certifying that only eligible 
persons would be provided service on the licensee's base station 
facility.
    24. In comments filed in the 2002 biennial review proceeding, PCIA-
-the Wireless Infrastructure Association (PCIA) advocates eliminating 
Sec.  90.607(a). Specifically, PCIA states that the system diagrams 
that were used when the 800 MHz band was originally conceived have not 
been used by the Commission for years and are no longer necessary. 
Moreover, PCIA asserts that the eligibility statement is no longer 
needed because the eligibility rules for SMR end-users have been 
eliminated. In the 2000 BR Staff Report, Commission staff recommends 
the removal of Sec.  90.607(a) because it appears to serve no 
regulatory purpose and is inconsistent with the Commission's policies 
regarding the flexible use of spectrum. The Commission believes that 
meaningful competition among the

[[Page 8136]]

various wireless services has rendered such requirements no longer 
necessary in the public interest because it believes market forces will 
encourage applicants to operate their facilities in the proper manner 
without Commission involvement. The Commission, therefore, tentatively 
concludes that it should delete Sec.  90.607(a) to eliminate the 
reporting requirements. The Commission invites comment on this 
tentative conclusion.

800 MHz and 900 MHz Trunked Systems Loading, Construction and 
Authorization Requirements

    25. Section 90.631 of the Commission's rules contains various 
requirements for the authorization, construction, and loading of 800 
MHz and 900 MHz trunked systems. PCIA and CTIA request that the 
Commission modify two of these requirements that they assert are no 
longer necessary. Section 90.631(d) of the Commission's rules allows a 
licensee of an 800 MHz and 900 MHz SMR trunked system to request an 
additional five channels than it has constructed without meeting the 
loading requirements if the licensee operates in a ``rural area.'' The 
rule defines a ``rural area'' as either (1) an area which is beyond the 
100-mile radius of the designated center of urbanized areas listed in 
the rule, or (2) an area that has a ``waiting list.'' In comments in 
the 2002 biennial review proceeding, PCIA notes that waiting lists for 
800 MHz and 900 MHz SMR frequencies were eliminated by the Commission 
in 1995 when the Commission switched to competitive bidding and 
geographic area licensing. As a result, PCIA requests that the 
Commission amend Sec.  90.631(d) to delete the ``waiting list'' 
exception to the definition of a rural area. The Commission agrees with 
PCIA and seeks comment on a tentative conclusion to delete this 
exception to the definition of a rural area. The Commission also seeks 
comment on eliminating other references to waiting lists contained in 
Sec.  90.631(d) of the rules.
    26. Section 90.631(i) provides that an incumbent (i.e., pre-
auction) 900 MHz SMR licensee that has not met the loading requirements 
set forth in Sec.  90.631(b) at the end of its initial five-year 
license term will only be granted a renewal period of two years, in 
which time the licensee must satisfy the loading requirements. CTIA 
states that the requirement is obsolete because the ``timeframe for 
site-specific SMR 900 MHz systems to meet the loading requirements has 
since expired.'' The Commission agrees that the period of renewing 
incumbent 900 MHz SMR licenses subject to this requirement has ended. 
Therefore, the Commission tentatively concludes to eliminate paragraph 
(i) of Sec.  90.631 from its rules, as well as references to paragraph 
(i) in Sec.  90.631(b) of the rules. The Commission seeks comment on 
this tentative conclusion.

800 MHz and 900 MHz Power and Antenna Height

    27. Section 90.635 of the Commission's rules sets forth the 
limitations on power and antenna height for 800 MHz and 900 MHz 
systems. In its comments in the 2002 biennial review proceeding, PCIA 
asks the Commission to modify or eliminate the restrictions placed on 
two particular types of 800 MHz and 900 MHz systems--those located in 
``suburban'' areas as defined in the rule and those whose service area 
requirements are less than 32 kilometers (i.e., what PCIA refers to as 
``campus-type'' radio systems).
    28. First, Sec.  90.635(a) through (c) differentiates between 
``urban'' and ``suburban'' conventional (i.e., non-trunked) systems, 
allowing a greater maximum power (1000 watts vs. 500 watts) and higher 
maximum antenna height (304 meters vs. 152 meters) for urban 
conventional systems than suburban conventional systems. PCIA argues 
that such a distinction ``no longer serves a useful purpose and should 
be eliminated.'' PCIA justifies this conclusion by asserting that 
suburban systems frequently must cover larger service areas than urban 
systems, and therefore, a smaller maximum power limit economically 
restricts the ability of these licensees to serve the suburban areas. 
Moreover, PCIA asserts that the restrictions on suburban sites also 
prevent these licensees from counteracting interference from cellular 
systems to the same extent as urban sites. The Commission seeks comment 
on PCIA's proposal to modify Sec.  90.635 to remove the distinction 
between urban and suburban sites when setting the maximum power and 
antenna height limits for conventional 800 MHz and 900 MHz systems. The 
Commission believes there is a significant question as to whether the 
justification for such distinction remains relevant in today's 
marketplace.
    29. Second, PCIA asks the Commission to eliminate the power 
restrictions on 800 MHz and 900 MHz systems with an operational radius 
of less than 32 kilometers in radius, which PCIA refers to as ``campus-
type'' radio systems. PCIA states that although it ``appreciates the 
Commission's original goal to maximize the number of radio systems that 
could be accommodated on a single frequency, by limiting the ERP of 
small footprint systems,'' the possibility of additional channel use is 
effectively prohibited by the requirement in Sec.  90.621(b)(4) that 
applicants protect all existing stations as if the incumbent system was 
operating at 1000 watts ERP. PCIA also asserts that the power 
limitation prevents these smaller systems from limiting interference 
from cellular systems. Therefore, PCIA requests that the power 
limitations on 800 MHz and 900 MHz systems with an operational radius 
below 32 kilometers be eliminated. The Commission seeks comment on this 
proposal and asks that interested parties address the use of such 
systems in light of the Commission's original goal of increasing the 
use of single frequencies, and whether lifting of these restrictions 
will help eliminate interference from cellular systems.

System Authorization Limit in Geographic Areas

    30. Section 90.653 of the rules states that ``[t]here shall be no 
limit on the number of systems authorized to operate in any one given 
area except that imposed by allocation limitations.'' The Commission 
adopted this rule in 1982 pursuant to its decision to not restrict 
equipment manufacturers from holding 800 MHz SMR licenses. CTIA asserts 
that ``[t]he rule is redundant and no longer serves any regulatory 
purpose.'' Based on the fact that s have licensed and will continue to 
license 800 and 900 MHz SMR frequencies using competitive bidding for 
geographic-area authorizations, the Commission agrees with CTIA that 
this rule is no longer in the public interest. Therefore, the 
Commission tentatively concludes that Sec.  90.653 should be removed. 
The Commission seeks comment on this tentative conclusion.

Reporting Requirement for Trunked SMR Loading Data

    31. Section 90.658 of the Commission's rules provides that site-
based licensees of trunked SMR systems licensed before June 1, 1993 
must provide loading data in order to either acquire additional 
channels or renew their authorizations. Both PCIA and CTIA note that 
all SMR licenses issued prior to June 1, 1993 have now been through at 
least one renewal period, and therefore, advocate eliminating the rule. 
In the 2002 BR Staff Report, Commission staff finds this provision may 
be an outdated and burdensome requirement on SMR licensees, especially 
in light of the competition among cellular, PCS, and 800/900 MHz

[[Page 8137]]

SMR services. Accordingly, the Commission tentatively concludes that it 
will eliminate Sec.  90.658 as no longer necessary in the public 
interest. The Commission seeks comment on this proposal.

220 MHz Phase I Supplemental Progress Reports

    32. Section 90.737 of the Commission's rules sets forth the 
supplemental progress reports that 220 MHz Phase I licensees must file 
with the Commission. In the 2002 BR Staff Report, staff recommends that 
the Commission consider whether certain rules applicable to the 220 MHz 
Phase I licensees continue to be necessary in the public interest in 
light of increased competition among CMRS providers. In particular, 
staff identifies Sec.  90.737 as imposing certain reporting 
requirements and restrictions on assignments of unconstructed, site-
based, 220 MHz Phase I licenses that were intended to prevent 
speculation and trafficking in licenses awarded by lottery. The 
Commission tentatively concludes that Sec.  90.737 should be eliminated 
as no longer necessary in the public interest given recent competitive 
and other developments. Licensing by lottery has been eliminated in the 
220 MHz Service and the Commission believes that these reporting 
requirements may ``impede the transferability of 220 MHz spectrum'' in 
a competitive CMRS marketplace. The Commission seeks comment on this 
tentative conclusion.

Corrections and Updates to WRS Rules

    33. In a Report and Order in this proceeding, the Commission 
intends to correct, update, or eliminate various rules in parts 1, 22, 
24, 27, and 90. While the Commission is not seeking specific comment on 
these changes, it includes them to provide notice to the public. The 
following are the administrative changes it plans to make:
    34. Part 1, subpart F--Title. Correct the term ``Wireless 
Telecommunications Services'' to read ``Wireless Radio Services.''
    35. Section 1.927(g). Replace the cross-reference to Sec.  
1.948(h)(2) with Sec.  1.948(i)(2).
    36. Section 1.939(b). Eliminate the third sentence which states 
that manually filed petitions to deny can be filed at the Commission's 
former office location.
    37. Section 1.955(a)(2). Replace the cross-reference to Sec.  
1.948(c) with Sec.  1.946(c).
    38. Section 22.946(b)(2). Replace the reference to Form 489 with 
Form 601.
    39. Section 22.946(c). Replace the cross-reference to Sec.  
22.144(b) with Sec.  1.955.
    40. Section 22.947(c). Update the location for filing a cellular 
system information update (SIU) to ``Federal Communications Commission, 
Wireless Telecommunications Bureau, Mobility Division, 445 12th Street, 
SW., Washington, DC 20554.''
    41. Section 22.948(d). Delete the cross-reference to Sec.  
22.144(a).
    42. Section 22.949(d). Replace the cross-reference to Sec.  22.122 
with Sec.  1.927.
    43. Section 22.953(b). Replace the cross-reference to Sec.  
1.929(h) with Sec.  1.929(a)-(b).
    44. Section 22.953(c). Replace the cross-reference to Sec.  
1.929(h) with Sec.  1.929(k) of the Commission's rules.
    45. Section 24.12. Delete the cross-references to Sec. Sec.  
99.202(c) and 99.204.
    46. Section 24.843. Delete the entire section because similar 
``extension of time to construct'' rules for other wireless services, 
including narrowband PCS, were consolidated into Sec.  1.946, which 
applies to all Wireless Radio Services.
    47. Section 27.3. Add ``Part 74'' to the list of other applicable 
rule parts and renumber.
    48. Section 90.20(c)(3). Replace limitation 77 with 78 for 
frequency 35.02; replace limitation 27 with 17 for frequency 42.40; 
replace limitation 19 with 29 for frequency 152.0075; replace frequency 
158.4725 with 159.4725; remove limitation 43 for frequencies 156.165, 
156.1725, 156.180, 156.1875, 156.195, 156.2025, 156.225, 156.2325, 
156.240, 158.985, 158.9925, 159.000, 159.0075, 159.015, 159.0225, 
159.045, 159.0525, 159.060, 159.0675, 159.075, 159.0825, 159.105, 
159.1125, 159.120, 159.1275, 159.135, 159.1425, 159.165, 159.1725; and 
remove the frequency coordinator designation for frequencies 220.8025, 
220.8075, 220.8125, 220.8175, 220.8225, 220.8275, 220.8325, 220.8375, 
220.8425, 220.8475, 221.8025, 221.8075, 221.8125, 221.8175, 221.8225, 
221.8275, 221.8325, 221.8375, 221.8425, 221.8475.
    49. Section 90.20(d). Eliminate redundancy by consolidating 
limitations 10 and 38 and update frequency table(s) accordingly.
    50. Section 90.35(b)(3). Eliminate redundancy by deleting one of 
the two entries for frequency 35.48.
    51. Section 90.35(c). Remove limitation 45.
    52. Section 90.149. Add ``Except as provided in subpart R of this 
part,'' to the beginning of Section 90.149(a) and eliminate 90.149(d).
    53. Section 90.743(a). Replace the cross-reference to Sec.  90.149 
with Sec.  1.949.
    54. Section 90.743(c). Update the license term for Phase I non-
nationwide licensees from five years to ten years.

Procedural Matters

Initial Regulatory Flexibility Analysis

    55. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this NPRM. Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments on the NPRM 
provided in paragraph 56 of the item. The Commission will send a copy 
of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (SBA).

Need for, and Objectives of, the Proposed Rules

    56. The Commission believes that streamlining and harmonizing 
certain licensing provisions in the wireless radio services (WRS) would 
further Commission efforts to maintain clear spectrum rights and 
obligations for these licensees, fulfill the Commission's mandate under 
section 11 of the Communications Act to conduct biennial reviews, and 
support recent efforts to maximize the public benefits derived from the 
use of the radio spectrum. Thus, in the Notice, the Commission seeks 
comment on proposals--identified in the 2002 Biennial Review Report and 
related 2002 BR Staff Report, as well as the 2000 Biennial Review 
Report and related 2000 BR Staff Report--to streamline and harmonize 
WRS rules that are no longer in the public interest and/or may be 
obsolete as the result of increased competition within WRS pursuant to 
section 11 of the Act. The Commission discusses the potential impact of 
these on small entities in the paragraphs that follow.

Legal Basis

    57. The potential actions on which comment is sought in this Notice 
would be authorized under sections 1, 4(i), 11, and 303(r), of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 161, and 
303(r).

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

    58. The RFA requires that an initial regulatory flexibility 
analysis be prepared for notice-and-comment

[[Page 8138]]

rulemaking proceedings, unless the Agency certifies that ``the rule 
will not, if promulgated, have a significant impact on a substantial 
number of small entities.'' The RFA generally defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act. A small 
business concern is one which: (i) Is independently owned and operated; 
(ii) is not dominant in its field of operation; and (iii) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' This IRFA describes and estimates the number 
of small entity licensees that may be affected if the proposals in this 
Notice are adopted.
    59. When identifying small entities that could be affected by the 
Commission's new rules, the Commission provides information describing 
auctions results, including the number of small entities that are 
winning bidders. The Commission notes, however, that the number of 
winning bidders that qualify as small businesses at the close of an 
auction does not necessarily reflect the total number of small entities 
currently in a particular service. The Commission does not generally 
require that applicants provide business size information, except in 
the context of an assignment or transfer of control application where 
unjust enrichment issues are implicated. Consequently, to assist the 
Commission in analyzing the total number of potentially affected small 
entities, the Commission requests commenters to estimate the number of 
small entities that may be affected by any rule changes resulting from 
this Notice.
    60. The potential rules on which comment is sought in this NPRM, if 
adopted, would affect small entity licensees of the services 
identified.

Wireless Radio Services

    61. Cellular Licensees. The SBA has developed a small business size 
standard for small businesses in the category ``Cellular and Other 
Wireless Telecommunications.'' Under that SBA category, a business is 
small if it has 1,500 or fewer employees. According to the Bureau of 
the Census, only twelve firms out of a total of 977 cellular and other 
wireless telecommunications firms that operated for the entire year in 
1997 had 1,000 or more employees. Therefore, even if all twelve of 
these firms were cellular telephone companies, nearly all cellular 
carriers are small businesses under the SBA's definition.
    62. 220 MHz Radio Service--Phase I Licensees. The 220 MHz service 
has both Phase I and Phase II licenses. Phase I licensing was conducted 
by lotteries in 1992 and 1993. There are approximately 1,515 such non-
nationwide licensees and four nationwide licensees currently authorized 
to operate in the 220 MHz band. The Commission has not developed a 
definition of small entities specifically applicable to such incumbent 
220 MHz Phase I licensees. To estimate the number of such licensees 
that are small businesses, the Commission applies the small business 
size standard under the SBA rules applicable to ``Cellular and Other 
Wireless Telecommunications'' companies. This category provides that a 
small business is a wireless company employing no more than 1,500 
persons. According to the Census Bureau data for 1997, only twelve 
firms out of a total of 977 such firms that operated for the entire 
year in 1997, had 1,000 or more employees. If this general ratio 
continues in the context of Phase I 220 MHz licensees, the Commission 
estimates that nearly all such licensees are small businesses under the 
SBA's small business standard.
    63. 220 MHz Radio Service--Phase II Licensees. The 220 MHz service 
has both Phase I and Phase II licenses. The Phase II 220 MHz service is 
subject to spectrum auctions. The Commission has adopted a small 
business size standard for defining ``small'' and ``very small'' 
businesses for purposes of determining their eligibility for special 
provisions such as bidding credits and installment payments. This small 
business standard indicates that a ``small business'' is an entity 
that, together with its affiliates and controlling principals, has 
average gross revenues not exceeding $15 million for the preceding 
three years. A ``very small business'' is defined as an entity that, 
together with its affiliates and controlling principals, has average 
gross revenues that do not exceed $3 million for the preceding three 
years. The SBA has approved these small size standards. Auctions of 
Phase II licenses commenced on September 15, 1998, and closed on 
October 22, 1998. In the first auction, 908 licenses were auctioned in 
three different-sized geographic areas: Three nationwide licenses, 30 
Regional Economic Area Group (EAG) Licenses, and 875 Economic Area (EA) 
Licenses. Of the 908 licenses auctioned, 693 were sold. Thirty-nine 
small businesses won 373 licenses in the first 220 MHz auction. A 
second auction included 225 licenses: 216 EA licenses and 9 EAG 
licenses. Fourteen companies claiming small business status won 158 
licenses. A third auction included four licenses: 2 BEA licenses and 2 
EAG licenses in the 220 MHz Service. No small or very small business 
won any of these licenses.
    64. Lower 700 MHz Band Licenses. The Commission adopted criteria 
for defining three groups of small businesses for purposes of 
determining their eligibility for special provisions such as bidding 
credits. The Commission has defined a small business as an entity that, 
together with its affiliates and controlling principals, has average 
gross revenues not exceeding $40 million for the preceding three years. 
A very small business is defined as an entity that, together with its 
affiliates and controlling principals, has average gross revenues that 
are not more than $15 million for the preceding three years. 
Additionally, the lower 700 MHz Service has a third category of small 
business status that may be claimed for Metropolitan/Rural Service Area 
(MSA/RSA) licenses. The third category is entrepreneur, which is 
defined as an entity that, together with its affiliates and controlling 
principals, has average gross revenues that are not more than $3 
million for the preceding three years. The SBA has approved these small 
size standards. An auction of 740 licenses (one license in each of the 
734 MSAs/RSAs and one license in each of the six Economic Area 
Groupings (EAGs)) commenced on August 27, 2002, and closed on September 
18, 2002. Of the 740 licenses available for auction, 484 licenses were 
sold to 102 winning bidders. Seventy-two of the winning bidders claimed 
small business, very small business or entrepreneur status and won a 
total of 329 licenses. A second auction commenced on May 28, 2003, and 
closed on June 13, 2003, and included 256 licenses: 5 EAG licenses and 
476 CMA licenses. Seventeen winning bidders claimed small or very small 
business status and won sixty licenses, and nine winning bidders 
claimed entrepreneur status and won 154 licenses.
    65. Upper 700 MHz Band Licenses. The Commission has authorized 
service in the upper 700 MHz band. This auction, previously scheduled 
for January 13, 2003, has been postponed.
    66. Paging. The Commission has adopted a size standard for ``small 
businesses'' for purposes of determining their eligibility for special 
provisions such as bidding credits and installment

[[Page 8139]]

payments. A small business is an entity that, together with its 
affiliates and controlling principals, has average gross revenues not 
exceeding $15 million for the preceding three years. The SBA has 
approved this definition. An auction of Metropolitan Economic Area 
(MEA) licenses commenced on February 24, 2000, and closed on March 2, 
2000. Of the 2,499 licenses auctioned, 985 were sold. Fifty-seven 
companies claiming small business status won 440 licenses. An auction 
of Metropolitan Economic Area (MEA) and Economic Area (EA) licenses 
commenced on October 30, 2001, and closed on December 5, 2001. Of the 
15,514 licenses auctioned, 5,323 were sold. 132 companies claiming 
small business status purchased 3,724 licenses. A third auction, 
consisting of 8,874 licenses in each of 175 EAs and 1,328 licenses in 
all but three of the 51 MEAs commenced on May 13, 2003, and closed on 
May 28, 2003. Seventy-seven bidders claiming small or very small 
business status won 2,093 licenses. Currently, there are approximately 
24,000 Private Paging site-specific licenses and 74,000 Common Carrier 
Paging licenses. According to the most recent Trends in Telephone 
Service, 608 private and common carriers reported that they were 
engaged in the provision of either paging or ``other mobile'' services. 
Of these, the Commission estimates that 589 are small, under the SBA-
approved small business size standard. The Commission estimates that 
the majority of private and common carrier paging providers would 
qualify as small entities under the SBA definition.
    67. Broadband Personal Communications Service (PCS). The broadband 
PCS spectrum is divided into six frequency blocks designated A through 
F, and the Commission has held auctions for each block. The Commission 
has created a small business size standard for Blocks C and F as an 
entity that has average gross revenues of less than $40 million in the 
three previous calendar years. For Block F, an additional small 
business size standard for ``very small business'' was added and is 
defined as an entity that, together with its affiliates, has average 
gross revenues of not more than $15 million for the preceding three 
calendar years. These small business size standards, in the context of 
broadband PCS auctions, have been approved by the SBA. No small 
businesses within the SBA-approved small business size standards bid 
successfully for licenses in Blocks A and B. There were 90 winning 
bidders that qualified as small entities in the Block C auctions. A 
total of 93 ``small'' and ``very small'' business bidders won 
approximately 40 percent of the 1,479 licenses for Blocks D, E, and F. 
On March 23, 1999, the Commission reauctioned 155 C, D, E, and F Block 
licenses; there were 113 small business winning bidders.
    68. Narrowband PCS. The Commission held an auction for Narrowband 
PCS licenses that commenced on July 25, 1994, and closed on July 29, 
1994. A second commenced on October 26, 1994 and closed on November 8, 
1994. For purposes of the first two Narrowband PCS auctions, ``small 
businesses'' were entities with average gross revenues for the prior 
three calendar years of $40 million or less. Through these auctions, 
the Commission awarded a total of forty-one licenses, 11 of which were 
obtained by four small businesses. To ensure meaningful participation 
by small business entities in future auctions, the Commission adopted a 
two-tiered small business size standard. A ``small business'' is an 
entity that, together with affiliates and controlling interests, has 
average gross revenues for the three preceding years of not more than 
$40 million. A ``very small business'' is an entity that, together with 
affiliates and controlling interests, has average gross revenues for 
the three preceding years of not more than $15 million. The SBA has 
approved these small business size standards. A third auction commenced 
on October 3, 2001 and closed on October 16, 2001. Here, five bidders 
won 317 (MTA and nationwide) licenses. Three of these claimed status as 
a small or very small entity and won 311 licenses.
    69. Specialized Mobile Radio (SMR). The Commission awards ``small 
entity'' bidding credits in auctions for Specialized Mobile Radio (SMR) 
geographic area licenses in the 800 MHz and 900 MHz bands to firms that 
had revenues of no more than $15 million in each of the three previous 
calendar years. The Commission awards ``very small entity'' bidding 
credits to firms that had revenues of no more than $3 million in each 
of the three previous calendar years. The SBA has approved these small 
business size standards for the 900 MHz Service. The Commission has 
held auctions for geographic area licenses in the 800 MHz and 900 MHz 
bands. The 900 MHz SMR auction began on December 5, 1995, and closed on 
April 15, 1996. Sixty bidders claiming that they qualified as small 
businesses under the $15 million size standard won 263 geographic area 
licenses in the 900 MHz SMR band. The 800 MHz SMR auction for the upper 
200 channels began on October 28, 1997, and was completed on December 
8, 1997. Ten bidders claiming that they qualified as small businesses 
under the $15 million size standard won 38 geographic area licenses for 
the upper 200 channels in the 800 MHz SMR band. A second auction for 
the 800 MHz band was held on January 10, 2002 and closed on January 17, 
2002 and included 23 BEA licenses. One bidder claiming small business 
status won five licenses.
    70. The auction of the 1,050 800 MHz SMR geographic area licenses 
for the General Category channels began on August 16, 2000, and was 
completed on September 1, 2000. Eleven bidders won 108 geographic area 
licenses for the General Category channels in the 800 MHz SMR band 
qualified as small businesses under the $15 million size standard. In 
an auction completed on December 5, 2000, a total of 2,800 Economic 
Area licenses in the lower 80 channels of the 800 MHz SMR service were 
sold. Of the 22 winning bidders, 19 claimed ``small business'' status 
and won 129 licenses. Thus, combining all three auctions, 40 winning 
bidders for geographic licenses in the 800 MHz SMR band claimed status 
as small business.
    71. In addition, there are numerous incumbent site-by-site SMR 
licensees and licensees with extended implementation authorizations in 
the 800 and 900 MHz bands. The Commission does not know how many firms 
provide 800 MHz or 900 MHz geographic area SMR pursuant to extended 
implementation authorizations, nor how many of these providers have 
annual revenues of no more than $15 million. One firm has over $15 
million in revenues. The Commission assumes, for purposes of this 
analysis, that all of the remaining existing extended implementation 
authorizations are held by small entities, as that small business size 
standard is established by the SBA.
    72. Private Land Mobile Radio (PLMR). PLMR systems serve an 
essential role in a range of industrial, business, land transportation, 
and public safety activities. These radios are used by companies of all 
sizes operating in all U.S. business categories, and are often used in 
support of the licensee's primary (non-telecommunications) business 
operations. For the purpose of determining whether a licensee of a PLMR 
system is a small business as defined by the SBA, the Commission could 
use the definition for ``Cellular and Other Wireless 
Telecommunications.'' This definition provides that a small entity is 
any such entity employing no more than 1,500 persons. The Commission 
does not

[[Page 8140]]

require PLMR licensees to disclose information about number of 
employees, so the Commission does not have information that could be 
used to determine how many PLMR licensees constitute small entities 
under this definition. Moreover, because PMLR licensees generally are 
not in the business of providing cellular or other wireless 
telecommunications services but instead use the licensed facilities in 
support of other business activities, the Commission is not certain 
that the Cellular and Other Wireless Telecommunications category is 
appropriate for determining how many PLMR licensees are small entities 
for this analysis. Rather, it may be more appropriate to assess PLMR 
licensees under the standards applied to the particular industry 
subsector to which the licensee belongs.
    73. The Commission's 1994 Annual Report on PLMRs indicates that at 
the end of fiscal year 1994, there were 1,087,267 licensees operating 
12,481,989 transmitters in the PLMR bands below 512 MHz. Because any 
entity engaged in a commercial activity is eligible to hold a PLMR 
license, the revised rules in this context could potentially impact 
every small business in the United States.
    74. Fixed Microwave Services. Fixed microwave services include 
common carrier, private-operational fixed, and broadcast auxiliary 
radio services. Currently, there are approximately 22,015 common 
carrier fixed licensees and 61,670 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services. The 
Commission has not yet defined a small business with respect to 
microwave services. For purposes of this FRFA, the Commission will use 
the SBA's definition applicable to ``Cellular and Other Wireless 
Telecommunications'' companies--that is, an entity with no more than 
1,500 persons. The Commission does not have data specifying the number 
of these licensees that have more than 1,500 employees, and thus is 
unable at this time to estimate with greater precision the number of 
fixed microwave service licensees that would qualify as small business 
concerns under the SBA's small business size standard. Consequently, 
the Commission estimates that there are 22,015 or fewer small common 
carrier fixed licensees and 61,670 or fewer small private operational-
fixed licensees and small broadcast auxiliary radio licensees in the 
microwave services that may be affected by the rules and policies 
adopted herein. The Commission notes, however, that the common carrier 
microwave fixed licensee category includes some large entities.
    75. Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation, and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these definitions. The FCC auctioned geographic area licenses in the 
WCS service. In the auction, which commenced on April 15, 1997 and 
closed on April 25, 1997, there were seven bidders that won 31 licenses 
that qualified as very small business entities, and one bidder that won 
one license that qualified as a small business entity. An auction for 
one license in the 1670-1674 MHz band commenced on April 30, 2003 and 
closed the same day. One license was awarded. The winning bidder was 
not a small entity.
    76. 39 GHz Service. The Commission defines ``small entity'' for 39 
GHz licenses as an entity that has average gross revenues of less than 
$40 million in the three previous calendar years. ``Very small 
business'' is defined as an entity that, together with its affiliates, 
has average gross revenues of not more than $15 million for the 
preceding three calendar years. The SBA has approved these definitions. 
The auction of the 2,173 39 GHz licenses began on April 12, 2000, and 
closed on May 8, 2000. The 18 bidders who claimed small business status 
won 849 licenses.
    77. Local Multipoint Distribution Service. An auction of the 986 
Local Multipoint Distribution Service (LMDS) licenses began on February 
18, 1998, and closed on March 25, 1998. The Commission defined ``small 
entity'' for LMDS licenses as an entity that has average gross revenues 
of less than $40 million in the three previous calendar years. An 
additional classification for ``very small business'' was added and is 
defined as an entity that, together with its affiliates, has average 
gross revenues of not more than $15 million for the preceding three 
calendar years. These regulations defining ``small entity'' in the 
context of LMDS auctions have been approved by the SBA. There were 93 
winning bidders that qualified as small entities in the LMDS auctions. 
A total of 93 small and very small business bidders won approximately 
277 A Block licenses and 387 B Block licenses. On March 27, 1999, the 
Commission re-auctioned 161 licenses; there were 32 small and very 
small business winning bidders that won 119 licenses.
    78. 218-219 MHz Service. The first auction of 218-219 MHz 
(previously referred to as the Interactive and Video Data Service or 
IVDS) spectrum resulted in 178 entities winning licenses for 594 
Metropolitan Statistical Areas (MSAs). Of the 594 licenses, 567 were 
won by 167 entities qualifying as a small business. For that auction, 
the Commission defined a small business as an entity that, together 
with its affiliates, has no more than a $6 million net worth and, after 
federal income taxes (excluding any carry over losses), has no more 
than $2 million in annual profits each year for the previous two years. 
The Commission has defined a small business as an entity that, together 
with its affiliates and persons or entities that hold interests in such 
an entity and their affiliates, has average annual gross revenues not 
exceeding $15 million for the preceding three years. A very small 
business is defined as an entity that, together with its affiliates and 
persons or entities that hold interests in such an entity and its 
affiliates, has average annual gross revenues not exceeding $3 million 
for the preceding three years. The SBA has approved of these 
definitions. At this time, the Commission cannot estimate the number of 
licenses that will be won by entities qualifying as small or very small 
businesses under its rules in future auctions of 218-219 MHz spectrum. 
Given the success of small businesses in the previous auction, and the 
prevalence of small businesses in the subscription television services 
and message communications industries, the Commission assumes for 
purposes of this FRFA that in future auctions, many, and perhaps all, 
of the licenses may be awarded to small businesses.
    79. Location and Monitoring Service (LMS). Multilateration LMS 
systems use non-voice radio techniques to determine the location and 
status of mobile radio units. For purposes of auctioning LMS licenses, 
the Commission has defined ``small business'' as an entity that, 
together with controlling interests and affiliates, has average annual 
gross revenues for the preceding three years not exceeding $15 million. 
A ``very small business'' is defined as an entity that, together with 
controlling interests and affiliates, has average annual gross revenues 
for the preceding three years not exceeding $3 million. These 
definitions have been approved by the SBA. An auction for LMS licenses 
commenced on February 23, 1999, and closed on March 5, 1999. Of the 528 
licenses auctioned, 289 licenses were sold to four small businesses. 
The

[[Page 8141]]

Commission cannot accurately predict the number of remaining licenses 
that could be awarded to small entities in future LMS auctions.
    80. Rural Radiotelephone Service. The Commission uses the SBA 
definition applicable to cellular and other wireless telecommunication 
companies, i.e., an entity employing no more than 1,500 persons. There 
are approximately 1,000 licensees in the Rural Radiotelephone Service, 
and the Commission estimates that there are 1,000 or fewer small entity 
licensees in the Rural Radiotelephone Service that may be affected by 
the rules and policies adopted herein.
    81. Air-Ground Radiotelephone Service. The Commission uses the SBA 
definition applicable to cellular and other wireless telecommunication 
companies, i.e., an entity employing no more than 1,500 persons. There 
are approximately 100 licensees in the Air-Ground Radiotelephone 
Service, and the Commission estimates that almost all of them qualify 
as small entities under the SBA definition.
    82. Offshore Radiotelephone Service. This service operates on 
several ultra high frequency (UHF) TV broadcast channels that are not 
used for TV broadcasting in the coastal area of the states bordering 
the Gulf of Mexico. At present, there are approximately 55 licensees in 
this service. The Commission uses the SBA definition applicable to 
cellular and other wireless telecommunication companies, i.e., an 
entity employing no more than 1,500 persons. The Commission is unable 
at this time to estimate the number of licensees that would qualify as 
small entities under the SBA definition. The Commission assumes, for 
purposes of this FRFA, that all of the 55 licensees are small entities, 
as that term is defined by the SBA.
    83. Multiple Address Systems (MAS). Entities using MAS spectrum, in 
general, fall into two categories: (1) Those using the spectrum for 
profit-based uses, and (2) those using the spectrum for private 
internal uses. With respect to the first category, the Commission 
defines ``small entity'' for MAS licenses as an entity that has average 
gross revenues of less than $15 million in the three previous calendar 
years. ``Very small business'' is defined as an entity that, together 
with its affiliates, has average gross revenues of not more than $3 
million for the preceding three calendar years. The SBA has approved of 
these definitions. The majority of these entities will most likely be 
licensed in bands where the Commission has implemented a geographic 
area licensing approach that would require the use of competitive 
bidding procedures to resolve mutually exclusive applications. The 
Commission's licensing database indicates that, as of January 20, 1999, 
there were a total of 8,670 MAS station authorizations. Of these, 260 
authorizations were associated with common carrier service. In 
addition, an auction for 5,104 MAS licenses in 176 EAs began November 
14, 2001, and closed on November 27, 2001. Seven winning bidders 
claimed status as small or very small businesses and won 611 licenses.
    84. With respect to the second category, which consists of entities 
that use, or seek to use, MAS spectrum to accommodate their own 
internal communications needs, the Commission notes that MAS serves an 
essential role in a range of industrial, safety, business, and land 
transportation activities. MAS radios are used by companies of all 
sizes, operating in virtually all U.S. business categories, and by all 
types of public safety entities. For the majority of private internal 
users, the definitions developed by the SBA would be more appropriate. 
The applicable definition of small entity in this instance appears to 
be the ``Cellular and Other Wireless Telecommunications'' definition 
under the SBA rules. This definition provides that a small entity is 
any entity employing no more than 1,500 persons. The Commission's 
licensing database indicates that, as of January 20, 1999, of the 8,670 
total MAS station authorizations, 8,410 authorizations were for private 
radio service, and of these, 1,433 were for private land mobile radio 
service.
    85. Incumbent 24 GHz Licensees. The rules that the Commission 
adopts could affect incumbent licensees who were relocated to the 24 
GHz band from the 18 GHz band, and applicants who wish to provide 
services in the 24 GHz band. The Commission did not develop a 
definition of small entities applicable to existing licensees in the 24 
GHz band. Therefore, the applicable definition of small entity is the 
definition under the SBA rules for ``Cellular and Other Wireless 
Telecommunications.'' This definition provides that a small entity is 
any entity employing no more than 1,500 persons. The Commission 
believes that there are only two licensees in the 24 GHz band that were 
relocated from the 18 GHz band, Teligent and TRW, Inc. It is the 
Commission's understanding that Teligent and its related companies have 
less than 1,500 employees, though this may change in the future. TRW is 
not a small entity. Thus, only one incumbent licensee in the 24 GHz 
band is a small business entity.
    86. Future 24 GHz Licensees. With respect to new applicants in the 
24 GHz band, the Commission has defined ``small business'' as an entity 
that, together with controlling interests and affiliates, has average 
annual gross revenues for the three preceding years not exceeding $15 
million. ``Very small business'' in the 24 GHz band is defined as an 
entity that, together with controlling interests and affiliates, has 
average gross revenues not exceeding $3 million for the preceding three 
years. The SBA has approved these definitions. The Commission will not 
know how many licensees will be small or very small businesses until 
the auction, if required, is held.
    87. 700 MHz Guard Band Licenses. The Commission has adopted size 
standards for ``small businesses'' and ``very small businesses'' for 
purposes of determining their eligibility for special provisions such 
as bidding credits and installment payments. A small business in this 
service is an entity that, together with its affiliates and controlling 
principals, has average gross revenues not exceeding $40 million for 
the preceding three years. Additionally, a ``very small business'' is 
an entity that, together with its affiliates and controlling 
principals, has average gross revenues that are not more than $15 
million for the preceding three years. SBA approval of these 
definitions is not required. An auction of 52 Major Economic Area (MEA) 
licenses commenced on September 6, 2000, and closed on September 21, 
2000. Of the 104 licenses auctioned, 96 licenses were sold to nine 
bidders. Five of these bidders were small businesses that won a total 
of 26 licenses. A second auction of 700 MHz Guard Band licenses 
commenced on February 13, 2001, and closed on February 21, 2001. All 
eight of the licenses auctioned were sold to three bidders. One of 
these bidders was a small business that won a total of two licenses.
    88. Multipoint Distribution Service, Multichannel Multipoint 
Distribution Service, and Instructional Television Fixed Service. 
Multichannel Multipoint Distribution Service (MMDS) systems, often 
referred to as ``wireless cable,'' transmit video programming to 
subscribers using the microwave frequencies of the Multipoint 
Distribution Service (MDS) and Instructional Television Fixed Service 
(ITFS). In connection with the 1996 MDS auction, the Commission defined 
``small business'' as an entity that, together with its affiliates, has 
average gross annual revenues that are not more than $40 million for 
the preceding three calendar years. The SBA has approved

[[Page 8142]]

of this standard. The MDS auction resulted in 67 successful bidders 
obtaining licensing opportunities for 493 Basic Trading Areas (BTAs). 
Of the 67 auction winners, 61 claimed status as a small business. At 
this time, the Commission estimates that of the 61 small business MDS 
auction winners, 48 remain small business licensees. In addition to the 
48 small businesses that hold BTA authorizations, there are 
approximately 392 incumbent MDS licensees that have gross revenues that 
are not more than $40 million and are thus considered small entities.
    89. In addition, the SBA has developed a small business size 
standard for Cable and Other Program Distribution, which includes all 
such companies generating $12.5 million or less in annual receipts. 
According to Census Bureau data for 1997, there were a total of 1,311 
firms in this category, total, that had operated for the entire year. 
Of this total, 1,180 firms had annual receipts of under $10 million, 
and an additional 52 firms had receipts of $10 million or more but less 
than $25 million. Consequently, the Commission estimates that the 
majority of providers in this service category are small businesses 
that may be affected by the rules and policies proposed in the Notice.
    90. Finally, while SBA approval for a Commission-defined small 
business size standard applicable to ITFS is pending, educational 
institutions are included in this analysis as small entities. There are 
currently 2,032 ITFS licensees, and all but 100 of these licenses are 
held by educational institutions. Thus, the Commission tentatively 
concludes that at least 1,932 ITFS licensees are small businesses.
    91. Cable Television Relay Service. This service includes 
transmitters generally used to relay cable programming within cable 
television system distribution systems. The SBA has defined a small 
business size standard for Cable and other Program Distribution, 
consisting of all such companies having annual receipts of no more than 
$12.5 million. According to Census Bureau data for 1997, there were 
1,311 firms in the industry category Cable and Other Program 
Distribution, total, that operated for the entire year. Of this total, 
1,180 firms had annual receipts of $10 million or less, and an 
additional 52 firms had receipts of $10 million or more but less than 
$25 million. Thus, under this standard, the Commission estimates that 
the majority of providers in this service category are small businesses 
that may be affected by the rules and policies proposed in the Notice.
    92. Cable System Operators (Rate Regulation Standard). The 
Commission has developed, with SBA approval, its own definition of a 
small cable system operator for purposes of rate regulation. Under the 
Commission's rules, a ``small cable company'' is one serving fewer than 
400,000 subscribers nationwide. Based on the Commission's most recent 
information, the Commission estimates that there were 1,439 cable 
operators that qualified as small cable companies at the end of 1995. 
Since then, some of those companies may have grown to serve over 
400,000 subscribers, and others may have been involved in transactions 
that caused them to be combined with other cable operators. The 
Commission's rules define a ``small system,'' for purposes of rate 
regulation, as a cable system with 15,000 or fewer subscribers. The 
Commission does not request nor does the Commission collect information 
concerning cable systems serving 15,000 or fewer subscribers, and thus 
is unable to estimate, at this time, the number of small cable systems 
nationwide.
    93. Cable System Operators (Telecom Act Standard). The 
Communications Act, as amended, also contains a size standard for a 
small cable system operator, which is ``a cable operator that, directly 
or through an affiliate, serves in the aggregate fewer than 1 percent 
of all subscribers in the United States and is not affiliated with any 
entity or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' The Commission has determined that there are 68,500,000 
subscribers in the United States. Therefore, an operator serving fewer 
than 685,000 subscribers shall be deemed a small operator if its annual 
revenues, when combined with the total annual revenues of all of its 
affiliates, do not exceed $250 million in the aggregate. Based on 
available data, the Commission finds that the number of cable operators 
serving 685,000 subscribers or less totals approximately 1,450. 
Although it seems certain that some of these cable system operators are 
affiliated with entities whose gross annual revenues exceed 
$250,000,000, the Commission is unable at this time to estimate with 
greater precision the number of cable system operators that would 
qualify as small cable operators under the definition in the 
Communications Act.
    94. Multichannel Video Distribution and Data Service. MVDDS is a 
terrestrial fixed microwave service operating in the 12.2-12.7 GHz 
band. No auction has yet been held in this service, although an action 
has been scheduled for January 14, 2004. Accordingly, there are no 
licensees in this service.

Private Wireless Radio Services

    95. Amateur Radio Service. These licensees are believed to be 
individuals, and therefore are not small entities.
    96. Aviation and Marine Services. Small businesses in the aviation 
and marine radio services use a very high frequency (VHF) marine or 
aircraft radio and, as appropriate, an emergency position-indicating 
radio beacon (and/or radar) or an emergency locator transmitter. The 
Commission has not developed a small business size standard 
specifically applicable to these small businesses. For purposes of this 
analysis, the Commission uses the SBA small business size standard for 
the category ``Cellular and Other Telecommunications,'' which is 1,500 
or fewer employees. Most applicants for recreational licenses are 
individuals. Approximately 581,000 ship station licensees and 131,000 
aircraft station licensees operate domestically and are not subject to 
the radio carriage requirements of any statute or treaty. For purposes 
of the Commission's evaluations in this analysis, the Commission 
estimates that there are up to approximately 712,000 licensees that are 
small businesses (or individuals) under the SBA standard. In addition, 
between December 3, 1998 and December 14, 1998, the Commission held an 
auction of 42 VHF Public Coast licenses in the 157.1875-157.4500 MHz 
(ship transmit) and 161.775-162.0125 MHz (coast transmit) bands. For 
purposes of the auction, the Commission defined a ``small'' business as 
an entity that, together with controlling interests and affiliates, has 
average gross revenues for the preceding three years not to exceed $15 
million dollars. In addition, a ``very small'' business is one that, 
together with controlling interests and affiliates, has average gross 
revenues for the preceding three years not to exceed $3 million 
dollars. There are approximately 10,672 licensees in the Marine Coast 
Service, and the Commission estimates that almost all of them qualify 
as ``small'' businesses under the special small business size 
standards.
    97. Personal Radio Services. Personal radio services provide short-
range, low power radio for personal communications, radio signaling, 
and business communications not provided for in other services. The 
Personal Radio Services include spectrum licensed under part 95 of its 
rules. These services include Citizen Band Radio Service (CB), General 
Mobile Radio Service (GMRS), Radio Control Radio Service

[[Page 8143]]

(R/C), Family Radio Service (FRS), Wireless Medical Telemetry Service 
(WMTS), Medical Implant Communications Service (MICS), Low Power Radio 
Service (LPRS), and Multi-Use Radio Service (MURS). There are a variety 
of methods used to license the spectrum in these rule parts, from 
licensing by rule, to conditioning operation on successful completion 
of a required test, to site-based licensing, to geographic area 
licensing. Under the RFA, the Commission is required to make a 
determination of which small entities are directly affected by the 
rules being adopted. Since all such entities are wireless, the 
Commission applies the definition of cellular and other wireless 
telecommunications, pursuant to which a small entity is defined as 
employing 1,500 or fewer persons. Many of the licensees in these 
services are individuals, and thus are not small entities. In addition, 
due to the mostly unlicensed and shared nature of the spectrum utilized 
in many of these services, the Commission lacks direct information upon 
which to base an estimation of the number of small entities under an 
SBA definition that might be directly affected by the proposed rules.
    98. Despite the paucity, or in some instances, total absence, of 
information about their status as licensees or regulatees or the number 
of operators in each such service, users of spectrum in these services 
are listed here as a matter of Commission discretion in order to 
fulfill the mandate imposed on the Commission by the Regulatory 
Flexibility Act to regulate small business entities with an 
understanding towards preventing the possible differential and adverse 
impact of the Commission's rules on smaller entities. Further, the 
listing of such entities, despite their indeterminate status, should 
provide them with fair and adequate notice of the possible impact of 
the proposals contained in the Notice.
    99. Public Safety Radio Services. Public Safety radio services 
include police, fire, local government, forestry conservation, highway 
maintenance, and emergency medical services. There are a total of 
approximately 127,540 licensees in these services. Governmental 
entities as well as private businesses comprise the licensees for these 
services. All governmental entities with populations of less than 
50,000 fall within the definition of a small entity.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    100. The policies proposals in this NPRM could apply to a 
significant number of Commission licensees of wireless services. 
Specifically, the NPRM proposes various amendments to parts 1, 22, 24, 
27, and 90 of the rules to modify or eliminate provisions that (i) have 
become outdated as a result of technological change, supervening 
changes to related Commission rules, or increased competition within 
WRS, and/or (ii) should be harmonized because they treat similarly 
situated services differently. Although many of these proposals are 
technical in nature and/or limited in application to specific WRS, they 
nonetheless are consistent with the Commission's spectrum policy goals 
to harmonize rules and streamline the licensing obligations for all WRS 
licensees by eliminating unnecessary rules, as appropriate. The NPRM 
also seeks comment on various administrative corrections to update and/
or clarify certain rules affecting a broad range of WRS.

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

    101. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed 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.''
    102. A number of the Commission's technical, operational and 
service rules affecting various WRS may be determined to be 
inconsistent or outdated. Therefore, modifying or eliminating these 
rules should decrease the costs associated with regulatory compliance 
for service providers, provide additional flexibility in the provision 
of service and manufacturing of equipment, and enhance the market 
demand for some services. The Commission therefore anticipates that, 
although it seems likely that there will be a significant economic 
impact on a substantial number of small entities, there will be no 
adverse economic impact on small entities. In fact, the proposed rule 
changes may particularly benefit small entities. For example, the 
Notice proposes to delete the last sentence of Sec.  22.303, thereby 
eliminating the transmitter-specific posting requirement for cellular 
and other part 22 licensees. Although adoption of such an amendment 
would benefit both small and large entities, many of the businesses in 
these radio services are small entities. The NPRM also proposes inter 
alia that a request to delete a frequency or a site from a multi-site 
authorization under part 90 should be considered a minor modification 
that requires neither frequency coordination nor the Commission's prior 
approval. Many part 90 licensees are small entities that could benefit 
from this rule change.
    103. In the NPRM, then, the Commission has set forth various 
options it is considering for each rule, from modifying rules to 
eliminating them altogether. As discussed in the Notice, the effect of 
any rule change on the regulatory burden of licensees will be a 
significant criterion in determining appropriate Commission action. The 
Commission notes that the entire intent underlying its actions here is 
to lessen the levels of regulation, consistent with its mandate for 
undertaking biennial reviews. The Commission seeks comment on any 
additional appropriate alternatives and especially alternatives that 
may further reduce economic impacts on small entities.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    104. None.

Initial Paperwork Reduction Act Analysis

    105. This NPRM contains either a proposed or modified information 
collection. As part of the continuing effort to reduce paperwork 
burdens, the Commission invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collections 
contained in this NPRM, as required by the Paperwork Reduction Act of 
1995, Public Law 104-13. Public and agency comments are due at the same 
time as other comments on this NPRM; OMB comments are due April 23, 
2004. Comments should address: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (2) the accuracy of the Commission's burden estimates; (3) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (4) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. A copy 
of any comments on the

[[Page 8144]]

information collections contained herein should be submitted to Judith 
B. Herman, Federal Communications Commission, 445 12th St., SW., Room 
1-C804, Washington, DC 20554, or via the Internet to [email protected], and to Kristy L. LaLonde, OMB Desk Officer, 10236 New 
Executive Office Building, 724 17th St., NW., Washington, DC 20503, or 
via the Internet to [email protected].

Comment Filing Procedures

    106. Comments and reply comments. Pursuant to applicable procedures 
set forth in Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
interested parties may file comments in response to this NPRM in WT 
Docket No. 03-264 on or before April 23, 2004 and reply comments on or 
before May 24, 2004.
    107. Form of comments. In order to facilitate staff review of the 
record in this proceeding, parties that submit comments or reply 
comments in this proceeding are requested to provide a table of 
contents with their comments. Such a table of contents should, where 
applicable, parallel the table of contents of the NPRM.
    108. How to file comments. Comments may be filed either by filing 
electronically, such as by using the Commission's Electronic Comment 
Filing System (ECFS), or by filing paper copies.
    109. Parties are strongly urged to file their comments using ECFS 
(given recent changes in the Commission's mail delivery system). 
Comments filed through the ECFS can be sent as an electronic file via 
the Internet to <http://www.fcc.gov/e-file/ecfs.html. Only 
one copy of an electronic submission must be filed. In completing the 
transmittal screen, the electronic filer should include its full name, 
Postal Service mailing address, and the applicable docket or rulemaking 
number, WT Docket No. 03-264. Parties also may submit comments 
electronically by Internet e-mail. To receive filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form .'' A sample form and directions 
will be sent in reply.
    110. Parties who choose to file by paper may submit such filings by 
hand or messenger delivery, by U.S. Postal Service mail (First Class, 
Priority, or Express Mail), or by commercial overnight courier. Parties 
must file an original and four copies of each filing in WT Docket No. 
03-264. Parties that want each Commissioner to receive a personal copy 
of their comments must file an original plus nine copies. If paper 
filings are hand-delivered or messenger-delivered for the Commission's 
Secretary, they must be delivered to the Commission's contractor, 
Natek, Inc., at 236 Massachusetts Avenue, NE., Suite 110, Washington, 
DC 20002-4913. To receive an official ``Office of the Secretary'' date 
stamp, documents must be addressed to Marlene H. Dortch, Secretary, 
Federal Communications Commission. (The filing hours at this facility 
are 8 a.m. to 7 p.m.) If paper filings are submitted by mail through 
the U.S. Postal Service (First Class mail, Priority Mail, and Express 
Mail), they must be sent to the Commission's Secretary, Marlene H. 
Dortch, Federal Communications Commission, Office of the Secretary, 445 
12th Street, SW., Washington DC 20554. If paper filings are submitted 
by commercial overnight courier (i.e., by overnight delivery other than 
through the U.S. Postal Service), such as by Federal Express or United 
Parcel Service, they must be sent to the Commission's Secretary, 
Marlene H. Dortch, Federal Communications Commission, Office of the 
Secretary, 9300 East Hampton Drive, Capitol Heights, MD 20743. (The 
filing hours at this facility are 8 a.m. to 5:30 p.m.)
    111. Parties may also file with the Commission some form of 
electronic media submission (e.g., diskettes, CDs, tapes, etc.) as part 
of their filings. In order to avoid possible adverse affects on such 
media submissions (potentially caused by irradiation techniques used to 
ensure that mail is not contaminated), the Commission advises that they 
should not be sent through the U.S. Postal Service. Hand-delivered or 
messenger-delivered electronic media submissions should be delivered to 
the Commission's contractor, Natek, Inc., at 236 Massachusetts Avenue, 
NE., Suite 110, Washington, DC 20002-4913. Electronic media sent by 
commercial overnight courier should be sent to the Commission's 
Secretary, Marlene H. Dortch, Federal Communications Commission, Office 
of the Secretary, 9300 East Hampton Drive, Capitol Heights, MD 20743.
    112. Regardless of whether parties choose to file electronically or 
by paper, they should also send one copy of any documents filed, either 
by paper or by e-mail, to each of the following: (1) Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC, 20554, facsimile (202) 863-2898, or e-mail at 
[email protected]; and (2) Jay Jackson, Mobility Division, Wireless 
Telecommunications Bureau, 445 12th Street, SW., Washington, DC, 20554, 
or e-mail at [email protected].
    113. Availability of documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Information Center, Federal 
Communications Commission, 445 12th Street, SW., Room CY-A257, 
Washington, D.C. 20554. These documents also will be available 
electronically at the Commission's Disabilities Issues Task Force Web 
site, www.fcc.gov/dtf, and from the Commission's Electronic Comment 
Filing System. Documents are available electronically in ASCII text, 
Word 97, and Adobe Acrobat. Copies of filings in this proceeding may be 
obtained from Qualex International, Portals II, 445 12th Street, SW., 
Room CY-B402, Washington, DC, 20554, telephone (202) 863-2893, 
facsimile (202) 863-2898, or via e-mail at [email protected]. This 
document is also available in alternative formats (computer diskette, 
large print, audio cassette, and Braille). Persons who need documents 
in such formats may contact Brian Millin at (202) 418-7426, TTY (202) 
418-7365, [email protected], or send an e-mail to [email protected].

Ex Parte Presentations

    114. This is a permit-but-disclose rulemaking proceeding, subject 
to the ``permit-but-disclose'' requirements under Sec.  1.1206(b) of 
the Commission's rules. Ex parte presentations are permissible if 
disclosed in accordance with Commission rules, except during the 
Sunshine Agenda period when presentations, ex parte or otherwise, are 
generally prohibited. Persons making oral ex parte presentations are 
reminded that a memorandum summarizing a presentation must contain a 
summary of the substance and not merely a listing of the subjects 
discussed. More than a one or two sentence description of the views and 
arguments presented is generally required. Additional rules pertaining 
to oral and written presentations are set forth in 47 CFR 1.1206(b) of 
the Commission's rules. Parties submitting written ex parte 
presentations or summaries of oral ex parte presentations are urged to 
use the ECFS in accordance with the Commission rules discussed. Parties 
filing paper ex parte submissions must file an original and one copy of 
each submission with the Commission's Secretary, Marlene H. Dortch, at 
the appropriate address for filings sent by either U.S. mail, overnight 
delivery, or hand or messenger delivery. Parties must also serve the 
following with

[[Page 8145]]

either one copy of each ex parte filing via e-mail or two paper copies: 
(1) Qualex International, Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC, 20554, telephone (202) 863-2893, facsimile (202) 
863-2898, or e-mail at [email protected]; and (2) Jay Jackson, Mobility 
Division, Wireless Telecommunications Bureau, 445 12th Street, SW., 
Washington, DC, 20554, or e-mail at [email protected].

Contact Information

    115. The Wireless Telecommunications Bureau contact for this 
proceeding is Jay Jackson at (202) 418-0620, e-mail at 
[email protected]. Press inquires should be directed to Lauren K. 
Patrich, Wireless Telecommunications Bureau, at (202) 418-7944, TTY at 
(202) 418-7233, or e-mail at [email protected].

Ordering Clauses

    116. Pursuant to the authority contained in Sec. Sec.  1, 4(i), 11, 
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 161, and 303(r), this notice of proposed rulemaking is 
hereby adopted.
    117. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this notice of proposed 
rulemaking, including the Initial Regulatory Flexibility Analysis, to 
the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

    Communications common carriers, Radio, Telecommunications.

47 CFR Part 22

    Communications common carriers, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 24

    Personal Communications Services, Radio.

47 CFR Part 27

    Wireless Communications Services.

47 CFR Part 90

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-3730 Filed 2-20-04; 8:45 am]
BILLING CODE 6712-01-P