[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42167-42171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15870]


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

FEDERAL COMMUNICATIONS COMMISSION

[DA 04-1493]


Wireless Telecommunications Bureau Announces Licensing and 
Interim Link Registration Process, Including Start Date for Filing 
Applications for Non-Exclusive Nationwide Licenses in the 71-76 GHz, 
81-86 GHz, and 92-95 GHz

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: The Wireless Telecommunications Bureau (``WTB'' or ``Bureau'') 
announces the details of the licensing and interim link registration 
process, including the start date for filing applications for non-
exclusive nationwide licenses in the 71-76, 81-86, 92-94.0 and 94.1-95 
GHz bands.\1\ The FCC directed and authorized WTB to issue public 
notices with details of the licensing and link registration process for 
these bands. This Public Notice provides details of the licensing and 
interim link registration process for these bands.
---------------------------------------------------------------------------

    \1\ In a Report and Order, 69 FR 3257 (Jan. 23, 2004), the 
Commission adopted rules for both unlicensed (part 15) and licensed 
(part 101) use of portions of these bands. The instant Public Notice 
concerns licensed use of the bands, which involves all of the bands 
except for 100 megahertz of spectrum at 94.0-94.1 GHz. For 
convenience only, we refer to the licensed spectrum herein as ``the 
bands,'' ``the Millimeter Wave 70/80/90 GHz Radio Service,'' or 
``the 71-95 GHz bands''; such references do not include 94.0-94.1 
GHz.

DATES: The start date for filing applications for non-exclusive 
nationwide licenses is June 21, 2004 and, the start date for licensees 
to register individual links under an interim registration process 
---------------------------------------------------------------------------
begins at 9 a.m. (e.d.t.) on July 19, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Cheryl Black or Stephen Buenzow, 
Broadband Division, WTB, 717-338-2687 or questions regarding the 
application filing and link registration procedure outlined in the 
Public Notice may be directed to the ULS Hotline at 1-888-CallFCC 
Option 2.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Public Notice, DA 04-1463, released May 26, 2004, the full text of this 
Public Notice is available for inspection and copying during normal 
business hours in the FCC Reference Center, Room CY-A-257, 445 12th 
Street, SW., Washington DC 20554. The complete text may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc., (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC. The complete item is also available on the Commission's 
Web site at http://www.fcc.gov/wtb.

I. Background

    On October 16, 2003, the Commission adopted a Report and Order, 69 
FR 3257, January 23, 2004, establishing service rules to promote non-
Federal Government development and use of the ``millimeter wave'' 
spectrum in the 71-76 GHz, 81-86 GHz and 92-95 GHz bands \2\ on a 
shared basis with Federal Government operations. These bands are 
essentially undeveloped and available for use in a broad range of new 
products and services, including high-speed, point-to-point wireless 
local area networks and broadband Internet access. Highly directional, 
``pencil-beam'' signal characteristics permit systems in these bands to 
be engineered in close proximity to one another without causing 
interference. Thus, the Commission adopted a flexible and innovative 
regulatory framework for the 71-95 GHz bands that would not require 
traditional frequency coordination among non-Federal Government users. 
Under this approach, the Commission will issue an unlimited number of 
non-exclusive nationwide licenses to non-Federal Government entities 
for the 12.9 gigahertz of spectrum allocated for commercial use. These 
licenses will serve as a prerequisite for registering individual point-
to-point links. The 71-95 GHz bands are allocated on a shared basis 
with Federal Government users. Therefore, a licensee will not be 
authorized to operate a link under its non-exclusive nationwide license 
until the link is both (i) coordinated with the National 
Telecommunications and Information Administration (NTIA) with respect 
to Federal Government operations and (ii) registered as an approved 
link with the FCC (interim process) or third-party Database Manager 
(permanent process).
---------------------------------------------------------------------------

    \2\ On February 23, 2004, The Wireless Communications 
Association International, Inc. filed a petition for reconsideration 
of certain aspects of the Report and Order. That petition will be 
handled by separate order, and the issuance of this Public Notice is 
not intended to prejudge or resolve any of the issues raised by the 
petitioner.
---------------------------------------------------------------------------

    NTIA coordination. NTIA is developing an automated coordination 
mechanism that will allow non-Federal Government users and independent 
database managers (Database Managers) selected by the FCC \3\ to use an 
Internet

[[Page 42168]]

site to determine whether a given non-Federal Government link has any 
potential conflict with Federal Government users. However, until that 
database is operational, NTIA coordination will occur using the 
existing process: licensees will file link registrations on the FCC's 
Universal Licensing System (ULS), which the FCC will refer to NTIA's 
Interdepartment Radio Advisory Committee (IRAC) Frequency Assignment 
Subcommittee. Once NTIA's Web-based system is operational, it is 
anticipated that Database Managers will supply the necessary 
information directly to NTIA for frequency interference coordination 
with Federal Government entities. The automation is designed to 
streamline the administrative process for non-Federal Government users 
in the bands.
---------------------------------------------------------------------------

    \3\ See Public Notice, DA 04-672 (WT Docket No. 02-146) released 
March 12, 2004 (Database Manager PN).
---------------------------------------------------------------------------

    Link registration through ULS and Database Managers. Until the 
Commission selects Database Managers, licensees will register links 
through ULS. Thereafter, licensees will register links with Database 
Managers, who will develop and maintain a non-FCC database of link 
registrations to assist parties in planning new links to avoid 
interference.\4\ In the event of an interference dispute, rights with 
regard to specific links will be established based on the date and time 
of link registration.
---------------------------------------------------------------------------

    \4\ The Database Managers will assist in resolution of 
interference disputes using the interference protection dates of the 
affected parties. (See Database Manager PN for more complete details 
of the responsibilities of the Database Managers.) If unsatisfied 
with the outcome of that process, and after 30 days have passed, a 
licensee may seek Commission assistance in resolution of the 
dispute. Report and Order at paragraph 58.
---------------------------------------------------------------------------

    In the Report and Order, the Commission explained that the 
licensing and link registration process would be detailed in subsequent 
public notices.\5\ Accordingly, the non-exclusive nationwide licensing 
process, the interim link registration process and general provisions 
for the permanent link registration process are set forth herein.
---------------------------------------------------------------------------

    \5\ Report and Order at paragraph 59. See also 47 CFR 
101.1523(b).
---------------------------------------------------------------------------

II. Non-Exclusive Nationwide License

    A license for the Millimeter Wave 70/80/90 GHz Radio Service will 
consist of a non-exclusive nationwide license, combined with site-based 
links obtained through a link registration process. All interested 
parties must have a non-exclusive nationwide license prior to 
registering a link whether under the interim or permanent link 
registration processes described herein. The non-exclusive nationwide 
license does not authorize operation until a link is both (1) 
coordinated with NTIA and (2) registered.

Application Filing Process for Non-Exclusive Nationwide License

    Applicants for non-exclusive nationwide licenses are encouraged to 
electronically file FCC Form 601 using the Universal Licensing System 
(ULS). Applicants can access the ULS Web site at http://wireless.fcc.gov/uls. Applicants must have an FCC Registration Number 
(FRN) in order to file applications and link registrations in ULS. If 
the applicant does not have an existing FRN, it must register and 
obtain an FRN prior to filing the license application.\6\
---------------------------------------------------------------------------

    \6\ The FCC Registration Number (FRN) is not to be confused with 
the ``link registrations'' discussed in Section III of the instant 
Public Notice. Applicants can obtain an FCC Registration Number 
(FRN) using the Wireless Telecommunications Bureau Web site at 
http://wireless.fcc.gov/ and select ``CORES/Call Sign Registration'' 
from the right hand menu under the heading of Licensing.
---------------------------------------------------------------------------

    Applicants for non-exclusive nationwide licenses will be required 
to file FCC Form 601 Main Form and Schedule B. Applicants should 
specify that they are filing an application in the MM--Millimeter Wave 
70/80/90 Radio Service and specify the purpose of the application as 
New (NE). When filing electronically, the ULS will automatically load 
FCC Form 601.\7\ An FCC Form 601 Main Form is required for all filings 
and collects necessary administrative data to identify the filer, 
establishes the filer's basic eligibility and qualifications, and 
classifies the filing. It also contains the required certifications and 
signature block. An FCC Form 601 Schedule B must be included with the 
application for the initial non-exclusive nationwide license. Because 
the non-exclusive nationwide license serves as a prerequisite for 
registering links, an applicant will initially receive a single license 
for all available frequency bands (71-76, 81-86, 92-94.0, and 94.1-95 
GHz). During the electronic filing process, FCC Form 601 Schedule B 
will be automatically pre-filled with the correct technical data, and 
cannot be changed; FCC Form 601 Schedule B is a view-only screen for 
this radio service.
---------------------------------------------------------------------------

    \7\ Applicants must consult and follow FCC Form 601--
Instructions.
---------------------------------------------------------------------------

    Applications are assigned file numbers and all applications (and 
major amendments thereto) that are accepted for filing are listed on 
the Bureau's weekly public notice of such applications. An application 
may be granted at any time if the Bureau finds that it meets all of the 
Commission's requirements (e.g. meets qualification requirements, 
foreign ownership restrictions, payment obligations), except that 
certain applications will not be granted prior to the 31st day 
following the issuance of a Public Notice of the acceptance for filing 
of such application (see below).\8\ When an application is granted, an 
authorization will be issued to the applicant, and the grant will be 
placed on the Wireless Telecommunications Bureau's Weekly Action Public 
Notice.
---------------------------------------------------------------------------

    \8\ See 47 CFR 1.945(b)(c).
---------------------------------------------------------------------------

    Notice: Applicants seeking to operate under more than one 
regulatory status may file one application for common carrier 
regulatory status and a second application for non-common carrier and/
or private, internal regulatory status.
    Applications to provide non-common carrier service or for private, 
internal communications (Codes ``N'' and ``P,'' respectively on FCC 
Form 601 Item 35) may be granted anytime after they are accepted for 
filing. Applications that include a request for common carrier 
regulatory status (Code ``C,'' FCC Form 601 Item 35) will not be 
granted prior to the 31st day following the issuance of a Public Notice 
of the acceptance for filing of such application.\9\
---------------------------------------------------------------------------

    \9\ See id. at Sec.  1.945(b); see also 47 CFR 1.939(a)(2) 
(petitions to deny common carrier applications must be filed no 
later than 30 days after the date of the Public Notice listing such 
applications as accepted for filing).
---------------------------------------------------------------------------

    Example: On June 30, 2004, the Bureau releases the weekly Public 
Notice of applications filed between June 21-25, 2004, that are 
acceptable for filing. The 31st day following this public notice is 
Saturday, July 31, 2004, making Monday, August 2, 2004, the first day 
on which a common carrier application can be granted. A license is 
required to file link registrations. Given that July 19, 2004, is the 
starting date for filing link registrations, and that no common carrier 
licenses can be granted prior to August 2, 2004, applicants seeking to 
operate under more than one regulatory status may wish to file one 
application for common carrier regulatory status and a second 
application for non-common carrier and/or private, internal regulatory 
status, as applicable.\10\
---------------------------------------------------------------------------

    \10\ Ordinarily, in requesting authority to offer both common 
carrier and non-common carrier service, an applicant would choose to 
file a single FCC Form 601 and enter Codes C and N on it in response 
to Item 35. However, the entire application would be processed under 
the ``common carrier'' track, i.e., the ``notice and 30-day waiting 
period'' of Sec.  1.945(b), because system limitations preclude us 
from processing the non-common carrier request separately when filed 
on the same form as the common carrier request.

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

[[Page 42169]]

Modifications to Non-Exclusive Nationwide License

    Modifications to the non-exclusive nationwide license will be 
limited to data on the FCC Form 601 Main Form. Any such modifications 
should be filed on FCC Form 601 and should specify the purpose of the 
filing as modification (MD). Modifications to FCC Form 601 Schedule B 
data will not be permitted. Modifications to the FCC Form 601 Main Form 
data will not affect the interference protection date for individual 
links registered under that license. License modifications must be 
filed independent of any filing involving registration of individual 
links.

Transfer and Assignment of Non-Exclusive Nationwide Licenses

    Licensees may assign or transfer their non-exclusive nationwide 
license using FCC Form 603. Pursuant to the Report and Order, licensees 
will not be permitted to partition or disaggregate their non-exclusive 
nationwide licenses. Therefore, licensees will only be permitted to 
assign or transfer the entire geographic license. Any links registered 
under the non-exclusive nationwide license will remain associated with 
the license during a full assignment or transfer. However, at a date to 
be announced in the future by Public Notice, we will, pursuant to our 
delegated authority, see note, supra, permit licensees to assign 
individual links from one non-exclusive nationwide license to 
another.\11\
---------------------------------------------------------------------------

    \11\ See discussion of transfer and assignment of registered 
links, infra.
---------------------------------------------------------------------------

Applications May Be Filed Beginning June 21, 2004

    Parties may file applications for non-exclusive nationwide licenses 
starting on June 21, 2004. Applications filed before June 21, 2004, 
will be dismissed.

III. Individual Link Registration and Coordination

A. Introduction

    As noted above, the non-exclusive nationwide license is a required 
prerequisite for registering individual links. Therefore, individual 
links cannot be registered until a geographical (nationwide) license is 
obtained (see above).
    In Appendix C of the Report and Order, the Commission specified 
certain technical parameters that would be required for link 
registration. The Report and Order also stated that the Commission 
would provide details regarding the licensing requirements and 
coordination with NTIA in a future Public Notice. Ongoing coordination 
with NTIA in developing the Federal Government/non-Federal Government 
coordination process has resulted in refinements to the required link 
data. Certain refinements will facilitate efficient coordination using 
NTIA's automated system. Specifically, it was determined that 
EIRP(dBm), Receiver Latitude (ddmmss.s), Receiver Longitude 
(dddmmss.s), Receiver Noise Figure (dB), and Polarization are needed. 
Other data elements were determined to be redundant and therefore will 
not be required, namely Bandwidth,\12\ Path Distance, and Data 
Type.\13\ Finally, Path Status, Proposed Date, and Inception Date will 
not be required because the filing date and IRAC coordination dates 
will automatically be recorded in ULS.
---------------------------------------------------------------------------

    \12\ Transmitter Emission Bandwidth will be collected as part of 
the Transmitter Emission Designator.
    \13\ Data Type will be collected as part of the Transmitter 
Emission Designator consistent with the ITU format for emission 
designators. See also Sec.  2.201 of the Commission's Rules.
---------------------------------------------------------------------------

    The process for link registration and coordination with NTIA prior 
to the implementation of NTIA's automated system and the appointment of 
third party database managers is referred to in this Pubic Notice as 
the ``interim link registration process.'' The process for link 
registration and coordination with NTIA subsequent to the 
implementation of NTIA's automated system is referred to in this Public 
Notice as the ``permanent link registration process.''

B. Interim Process for Link Coordination and Registration

    Notice: During the interim process--all link registrations must be 
filed electronically (in ULS) using the process described below.
     Effective Date for Interim Link Registration Process
    In the Report and Order the Commission specified that during the 
interim link registration process, licensees would be permitted to 
register links in ULS and coordination with NTIA would be accomplished 
through the existing IRAC process. Licensees may not initiate link 
registrations through ULS until after their non-exclusive nationwide 
license application is granted. ULS will be ready to accept electronic 
link registrations starting at 9:00 a.m. (EDT) on Monday, July 19, 
2004. Registrations filed before that date and time will not be 
processed. You must have a non-exclusive nationwide license before 
initiating a link registration. (As discussed above, you can apply for 
a non-exclusive nationwide license starting on June 21, 2004.)
     How To File Individual Link Registrations Under the 
Interim Process
    During the interim link registration process, individual links must 
be registered with the Commission in ULS. Links will be coordinated 
with NTIA through IRAC using the existing IRAC coordination process. 
FCC Form 601 has been revised to add Schedule M (Schedule for Link 
registration) \14\ to collect the necessary data elements as set forth 
in the Report and Order and this Public Notice. To register a link, 
licensees must file electronically using FCC Form 601 Main Form and 
Schedule M. The FCC Form 601 Main Form should indicate a purpose of 
``Register Link/Location'' (RL). A separate FCC Form 601 Main Form and 
Schedule M will be required for each proposed link. During the interim 
process, all link registrations must be filed electronically in ULS. 
Link registrations will not be placed on Public Notice as a matter of 
routine unless they raise a matter of public significance, e.g., 
environmental concerns.\15\ If the proposed link requires environmental 
assessment, is located in a quiet zone, or is in an area subject to 
international coordination, the licensee should specify so on the FCC 
Form 601 Schedule M and provide any necessary information in accordance 
with the instructions and FCC Rules. The ULS electronic form performs 
edit checks as information is entered. If ULS finds an error, it may 
not allow the application to be submitted until the error has been 
corrected.
---------------------------------------------------------------------------

    \14\ Schedule M is the new FCC Schedule that must be used for 
link registration. The form may be accessed for electronic filing 
through ULS, downloaded from the FCC forms page at http://www.fcc.gov/formpage.html, or ordered from the Forms Distribution 
Center at 1-800-418-3676.
    \15\ See, e.g., 47 CFR 1.933(a)(3) (categories of information of 
public significance include special environmental considerations as 
required by Part 1, FCC Rules).
---------------------------------------------------------------------------

    When an individual link has been successfully coordinated with IRAC 
and is approved the licensee will be notified by letter that their link 
registration has been posted in ULS as accepted. Individual link 
registrations will be available for public inspection through ULS 
electronically. However, the printed copy of the non-exclusive 
nationwide license will not be updated to reflect link registrations 
and will not be re-issued when individual links are registered with 
that call sign.
     How To Coordinate Links With NTIA/IRAC During the Interim 
Process
    The FCC will coordinate links with NTIA/IRAC. Licensees need not 
provide any special information or take any

[[Page 42170]]

special action other than filing the FCC Form 601 Main Form and 
Schedule M as described above. If during the NTIA/IRAC coordination 
process it is determined that additional information is required to 
complete that process, the link registration will be ``returned'' to 
the licensee. If the licensee provides the needed information within 60 
days of the date of the ``return notice,'' it will keep its original 
filing date for that registration unless the new information modifies 
the link registration, in which case the filing date will be advanced 
to the filing date of the new information. If the licensee fails to 
timely provide the information within 60 days of the return notice, the 
link registration will be dismissed.
     Interference Protection Date and Interference Dispute 
Resolution
    In establishing the link registration process, the Commission 
adopted the standard by which interference disputes are to be resolved. 
Specifically, the Commission stated that, ``[f]or the purpose of non-
Federal Government licensee interaction with each other, instead of 
requiring prior coordination of all prospective links, we will 
institute the link registration mechanism * * * which will provide 
priority based on date/time of application in any cases in which 
interference may arise.'' Thus, during the interim link registration 
process, the date on which the FCC Form 601 Main Form and Schedule M 
are submitted to the Commission in a state acceptable for filing will 
be used as the first-in-time interference protection date while the 
application is coordinated with NTIA through the existing IRAC 
coordination process. If the link is cleared via the coordination 
process, interference protection will become effective based on the 
first-in-time date established by the aforementioned filing date of the 
FCC Form 601 Main Form and Schedule M. If at any time the link 
registration is found to be defective or cannot be successfully 
coordinated with IRAC, the link registration will be dismissed and the 
interference protection date rendered ineffective. If the applicant re-
files its link registration request, the interference protection date 
will be established by the date that the new request is received at the 
Commission in a state acceptable for filing.
    During the coordination process, licensees may be asked to provide 
additional information to facilitate coordination with NTIA. In these 
circumstances the licensee will be given 60 days to provide the 
requested information. If the licensee responds with the requested 
information within the required time frame, and does not make any 
changes to the data on FCC Form 601 Schedule M, the initial first-in-
time interference protection date will be preserved.
    Pursuant to our delegated authority set forth in the Report and 
Order, see note 5, supra, we will assign a new interference protection 
date whenever there is a change to the technical data on an individual 
link. In cases in which the modification does create new interference, 
the licensee whose links are already registered will be protected 
against the licensee who modified its links. This is consistent with 
the Commission's desire to ensure that the system of licensing and link 
registration adequately protects those that have diligently engineered 
their systems to bring service to the public unencumbered by either 
regulation or harmful interference.\16\ To ensure an orderly, reliable 
and streamlined link registration system, we believe first-in-time 
protection rights can only be established and enforceable for a link 
that can or ultimately will be constructed. For example, we do not want 
a licensee arbitraging high value paths (such as in urban areas like 
New York City) by filing link registrations to preserve first in time 
protections against its competitors for those paths, and then later 
making conforming modifications to meet particular business needs. 
Further, even where modifications are necessary (for example, during 
the NTIA coordination process), we are concerned that a licensee may 
displace or compete with another licensee's first in time protection 
with even the most minor of changes to the technical parameters of a 
link. In cases in which the modification causes no new interference, 
the new interference protection date will have no practical effect on 
the licensee's first-in-time rights.
---------------------------------------------------------------------------

    \16\ In the Report and Order, the Commission stated that, ``The 
overarching purpose of our requirements * * * concerning link 
construction, modification, and discontinuance, is to ensure that 
spectrum is put to use and to maintain the integrity of the 
information in the relevant databases by correctly reflecting the 
actual record concerning these issues.'' Id. at paragraph 80. 
Notably, in establishing both the construction and loading 
deadlines, the Commission barred the use of the initial link 
registration date for interference protection where the licensee 
fails to meet its regulatory obligations. Id. at n.204 and paragraph 
81.
---------------------------------------------------------------------------

    Should a licensee receive interference from another licensee, the 
licensee experiencing the harmful interference shall follow the 
interference resolution procedures outlined in 47 CFR Sec.  101.105 of 
the Commission's Rules (e.g., notify the licensee believed to be 
causing the interference and shall supply information describing its 
problem and supporting its claim). The licensee who has the earlier 
interference protection date is to be protected against later filed 
link registrations. The licensee causing the interference shall respond 
immediately and make every reasonable effort to identify and resolve 
the conflict. Prior links shall be protected in accordance with the 
interference criteria specified in Sec.  101.147(z)(2). Licensees are 
encouraged to resolve the harmful interference before seeking 
resolution from the Commission.
     Modifications and Amendments To Link Registrations
    Notice: Any change to technical data on a link registration will 
result in a new interference protection date.\17\
---------------------------------------------------------------------------

    \17\ See ``Interference Protection Date and Interference Dispute 
Resolution,'' supra.
---------------------------------------------------------------------------

    Licensees must electronically file FCC Form 601 Main Form and 
Schedule M to modify the technical data on an individual link 
registration. The FCC Form 601 Main Form should indicate a purpose of 
``Register Link/Location'' (RL). On FCC Form 601 Schedule M, the 
licensee should specify the action as Modify (M) and identify the link 
registration that is being changed. To amend the technical data on an 
individual link registration which has not yet been approved, licensees 
will be required to file FCC Form 601 Main Form and Schedule M. The FCC 
Form 601 Main Form should indicate a purpose of Amendment (AM) and 
identify the file number of the pending link registration filing that 
is being changed. Under electronic filing, the previously entered data 
from FCC Form 601 Schedule M will be displayed and the licensee will be 
allowed to change the data.
     Transfer and Assignment of Registered Links
    Transfer or assignment of a non-exclusive nationwide license, 
unless otherwise specified, will include all links registered under 
that call sign. The ability to file for partial assignment of 
individual link registrations will not be available in ULS on July 19, 
2004, the date that ULS will be ready to accept link registration 
filings from licensees. However, by future Public Notice, the Bureau 
will announce, pursuant to its delegated authority, see note, supra, 
procedures for assignment of individual link registrations from one 
non-exclusive nationwide call sign to another.

C. Permanent Process for Link Coordination and Registration

    Under the permanent process, link registrations will be made on a 
non-FCC registration database and NTIA will

[[Page 42171]]

have an automated coordination system. Three things must occur before 
the permanent process can become effective. First, the Database 
Managers must be selected. Second, the Database Managers must have the 
registration database system completed. Third, NTIA's automated 
coordination system must be operational. In this connection, the 
following is a general update on the status of these endeavors.
    The Bureau is reviewing four proposals, and comments thereto, 
submitted in response to the Database Managers PN. WTB will designate 
one or more Database Managers, and such designation(s) will take effect 
upon the execution by such Database Manager(s) and the WTB of a 
Memorandum of Understanding that will, among other things, establish a 
timeline for implementation of the registration database. Thereafter, 
the Bureau will announce by public notice the names and addresses of 
the selected Database Managers and the starting date for registering 
links through the Database Manager(s).
    NTIA is in the process of developing its automated coordination 
system, which will enable near real time coordination of non-Federal 
Government links with Federal Government operations. As indicated in 
the Report and Order, it is anticipated that NTIA will have the initial 
version of their automated system operational within four months of an 
agreement on the framework of the coordination procedure. After the 
permanent process becomes effective, links must be coordinated with 
NTIA through NTIA's automated system. The technical parameters of the 
proposed link will be entered into NTIA's automated system and NTIA's 
automated system will give either a green light or a yellow light based 
on the proposed parameters. If the proposed link receives a green 
light, then the licensee can begin or complete its link registration 
process through a Database Manager, and with limited exceptions \18\ no 
filing with the Commission is necessary and the Database Manager will 
post the link registration on the non-FCC registration database. If the 
proposed link receives a yellow light, an FCC Form 601 and Schedule M 
will need to be filed with the Commission. In the case of a yellow 
light, the link will require further coordination with NTIA through the 
existing IRAC process. By comparison, during the interim process, the 
FCC will coordinate every link through the existing NTIA/IRAC process.
---------------------------------------------------------------------------

    \18\ Filing with the Commission is required even in the event of 
a green light when the application requires environmental 
assessment, is located in a quiet zone, or is in an area subject to 
international coordination.
---------------------------------------------------------------------------

    The effective date and additional details of the permanent process 
described herein will be announced by future Public Notice after the 
prerequisites discussed above have been completed.

IV. Filing and Regulatory Fees

     Applications Associated With Nationwide, Non-exclusive 
License
     Link Registrations on ULS During the Interim Process
    The 70-80-90 GHz bands are licensed for microwave point-to-point 
operations (common carrier or private operational fixed) which are 
subject to filing fees under Sec.  1.1102 and regulatory fees under 
Sec. Sec.  1.1152 or 1.1154, as applicable.\19\ Certain applicants are 
exempt from filing and/or regulatory fees. Nonexempt applicants for 
new, non-exclusive nationwide licenses will be subject to microwave 
service filing and regulatory fees as follows:
---------------------------------------------------------------------------

    \19\ See ``Wireless Telecommunications Bureau Fee Filing Guide'' 
Effective September 11, 2003 (http://www.fcc.gov/Forms/Form1070/2003/2003feeguide.pdf).
---------------------------------------------------------------------------

     New license applications must use fee type code CJPR.\20\ 
Currently, the combined fee is $470.
---------------------------------------------------------------------------

    \20\ The filing and regulatory fees for new or modified common 
carrier and private operational fixed microwave are the same; we are 
requiring all feeable applications to specify common carrier fee 
codes for administrative convenience. Applicants identify their 
actual regulatory status on Form 601, Item 35.
---------------------------------------------------------------------------

     Modification of license applications must use fee code 
CJPM. Currently, the filing fee is $220.
     Assignments of Authorization and Transfers of Control of 
license applications must use fee code CCPM for the first call listed 
on the application and CAPM for each additional call sign listed. 
Currently, the filing fee is $80 for the first call sign and $50 for 
each additional call sign.
     Individual link registrations on ULS are not subject to a 
filing fee.
    Notice: On or after September 1, 2004, applicants and licensees 
must check the Wireless Telecommunications Bureau Fee Guide for the 
current fees.\21\
---------------------------------------------------------------------------

    \21\ See http://www.fcc.gov/fees/appfees.html and click on the 
link to the 2004 Wireless Telecommunications Bureau Fee Filing 
Guide, or call 1-888-225-5322, Option 2.
---------------------------------------------------------------------------

V. Equipment Authorization/Verification Procedures

    Rules relating to marketing of radio frequency devices and 
equipment authorization procedures contained in part 2, subparts I and 
J, respectively, apply to licensed and unlicensed equipment operating 
in the 71-95 GHz bands.

Federal Communications Commission.
Joel Taubenblatt,
Chief, Broadband Division.
[FR Doc. 04-15870 Filed 7-13-04; 8:45 am]
BILLING CODE 6712-01-P