[Federal Register Volume 69, Number 152 (Monday, August 9, 2004)]
[Rules and Regulations]
[Pages 48157-48162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18148]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, 74, 90, and 101

[IB Docket No. 02-364; ET Docket No. 00-258; FCC 04-134]


Review of the Spectrum Sharing Plan Among Non-Geostationary 
Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz 
Bands; Allocation of Spectrum Below 3 GHz for Mobile and Fixed Services 
To Support the Introduction of New Advanced Wireless Services, 
Including Third Generation Wireless Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Federal Communications Commission 
(Commission) adopts a spectrum sharing plan in the Big LEO bands to 
promote more efficient use of spectrum without causing harmful 
interference operators in those bands.

[[Page 48158]]


DATES: Effective September 8, 2004.

FOR FURTHER INFORMATION CONTACT: Jennifer Gorny, Howard Griboff, or 
James Ball, Policy Division, International Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order and Fourth Report and Order, adopted on June 10, 2004, and 
released on July 16, 2004 (FCC 04-134). The full text of this document 
is available for inspection and copying during normal business hours in 
the Commission Reference Center, 445 12th Street, SW., Washington, DC 
20554. Comments and reply comments will be available for public 
inspection during regular business hours in the Commission Reference 
Center. The document is also available for download over the Internet 
at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-134A1.doc. 
The complete text may also be purchased from the Commission's copy 
contractor, Best Copy and Printing, in person at 445 12th Street, SW., 
Room CY-B402, Washington, DC 20554, via telephone at (202) 488-5300, 
via facsimile at (202) 488-5563, or via e-mail at 
[email protected].

Summary of the Report and Order and Fourth Report and Order

    On January 29, 2003, the Commission adopted a Notice of Proposed 
Rulemaking in IB Docket No. 02-364 (Big LEO Spectrum Sharing NPRM) (68 
FR 33666-01, June 5, 2003) to obtain comment on relevant proposals for 
spectrum use at 1610-1626.5 MHz (L-band) and 2483.5-2500 MHz (S-band) 
(collectively referred to as Big LEO bands or Big LEO spectrum) and 
prompted interested parties to provide detailed information regarding 
the operations of existing mobile-satellite service (MSS) providers and 
future spectrum requirements for each system. The Commission also 
adopted a Third Notice of Proposed Rulemaking in ET Docket No. 00-258 
(Third Notice) (68 FR 12015-03, March 13, 2003) seeking comment on the 
location and amount of spectrum needed to relocate multipoint 
distribution service (MDS) operations at 2150-2160/62 MHz. On June 10, 
2004, the Commission adopted this Report and Order, Fourth Report and 
Order and Further Notice of Proposed Rulemaking. The Further Notice of 
Proposed Rulemaking relating to this proceeding is published elsewhere 
in this issue of the Federal Register. The Report and Order and Fourth 
Report and Order set forth a spectrum sharing plan in the Big LEO 
bands. Under this spectrum sharing plan, code division multiple access 
(CDMA) MSS operators will share certain portions of Big LEO spectrum 
with time division multiple access (TDMA) MSS operators in the L-band, 
and fixed and mobile terrestrial wireless operators in the S-band. In 
particular, we: (1) Allow TDMA MSS operators to share the 1618.25-
1621.35 MHz band with CDMA MSS operators; and (2) allocate the 2495-
2500 MHz band for fixed and mobile except aeronautical mobile services 
on a primary basis, which will share this band with CDMA MSS operators 
providing MSS service. Current and future CDMA MSS operators must 
accept any interference from the terrestrial services in that portion 
of the S-band. In addition, we find that the hearing requirements of 
sections 316 and 312 of the Communications Act of 1934, as amended, do 
not apply to this proceeding. We also move ancillary terrestrial 
component (ATC) operations from 2492.5-2498 MHz to 2487.5-2493 MHz in 
the S-band due to fixed and mobile terrestrial wireless operators 
having access to the upper portion of that band. We decline, however, 
to increase the amount of Big LEO spectrum available for ATC 
operations. In addition, we find that the Big LEO spectrum sharing band 
plan complies with relevant International Telecommunication Union radio 
regulations. Finally, we adopt this Report and Order and Fourth Report 
and Order concurrently with another order in which we: (1) Incorporate 
the spectrum at 2495-2500 MHz into the 2500-2690 MHz band currently 
used for MDS and instructional television fixed service (ITFS) 
operators; (2) restructure the services occupying 2495-2690 MHz into a 
new Broadband Radio Service (BRS)/ Educational Broadband Service (EBS) 
band plan; (3) provide spectrum to accommodate MDS operators currently 
located at 2150-2162 MHz within the new 2495-2690 MHz band; and (4) 
adopt the licensing and service rules for those operators in that band.
    In our decision today, we make changes to the Big LEO band plan in 
an effort to promote spectral efficiency while ensuring that operators 
in the Big LEO bands can provide service without causing or 
experiencing harmful interference. When the Commission initially 
adopted the Big LEO band plan, it licensed five companies to provide 
MSS in the Big LEO bands. Two Big LEO systems were implemented and are 
now providing MSS--one TDMA system and one CDMA system. In this 
proceeding, we consider how this development impacts usage of Big LEO 
spectrum and, as a result, make changes to the existing band sharing 
plan. We believe that the new band plan promotes more efficient use of 
the spectrum than the existing band plan by requiring MSS providers to 
share certain portions of the spectrum in the L-band, and by allowing 
non-MSS operators to share a portion of spectrum in the S-band.

Final Regulatory Flexibility Certification--Report and Order

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rulemaking proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic 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: (1) is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the U.S. Small 
Business Administration (SBA). The SBA has developed a small business 
size standard for Satellite Telecommunications, which consists of all 
such companies having $12.5 million or less in annual revenue.
    Pursuant to the RFA, the Commission incorporated an Initial 
Regulatory Flexibility Analysis (IRFA) into the Big LEO Spectrum 
Sharing NPRM. We received no comments in response to the IRFA. For the 
reasons described below, we now certify that the policies and rules 
adopted in the present Report and Order will not have a significant 
economic impact on a substantial number of small entities.
    In this Report and Order the Commission adopts a spectrum sharing 
plan that allows TDMA MSS operators to share the L-band at 1618.25-
1621.35 MHz with CDMA MSS operators. The Commission also allocates 
spectrum in the S-band at 2495-2500 MHz for fixed and mobile except 
aeronautical mobile services on a primary basis, which will share this 
band with CDMA MSS operators providing MSS services. We believe that 
the spectrum sharing plan in the Big LEO bands will improve spectral 
efficiency by increasing the number of providers and consumer users 
without harming current MSS operations. We find that our action will 
not affect a substantial number of small

[[Page 48159]]

entities because only MSS operators in the Big LEO L- and S-bands will 
be affected. In particular, two Big LEO MSS licensees currently are 
authorized to provide MSS in the United States. We find that neither of 
these licensees are small businesses. Small businesses often do not 
have the financial ability to become MSS system operators due to high 
implementation costs associated with launching and operating satellite 
systems and services. Therefore, we certify that the requirements of 
this Report and Order will not have a significant economic impact on a 
substantial number of small entities. The Commission will send a copy 
of the Report and Order including a copy of this Final Regulatory 
Flexibility Certification, in a report to Congress pursuant to the 
Small Business Regulatory Enforcement Fairness Act of 1996. See 5 
U.S.C. 801(a)(1)(A). In addition, this Report and Order and this Final 
Regulatory Flexibility Certification will be sent to the Chief Counsel 
for Advocacy of the Small Business Administration, and will be 
published in the Federal Register. See 5 U.S.C. 605(b).

Final Regulatory Flexibility Analysis--Fourth Report and Order

    As required by the RFA, an IRFA was incorporated in the Third 
Notice. The Commission sought written public comments on the proposals 
in the Third Notice, including comment on the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Fourth Report and Order

    This Fourth Report and Order continues our efforts to promote the 
provision of advanced wireless services (AWS) to the public, which in 
turn supports our obligations under section 706 of the Communications 
Act of 1934, as amended and, more generally, serves the public interest 
by promoting rapid and efficient radio communication facilities. Adding 
a fixed and mobile except aeronautical mobile allocation to the 2495-
2500 MHz band potentially provides suitable spectrum for relocation of 
MDS licensees in the 2150-2160/62 MHz band. Also, adopting this 
allocation has the potential to help free up the entire 2150-2160/62 
MHz band for the provision of AWS, the 2150-2155 MHz portion of which 
has already been reallocated for AWS, and the 2155-2160/62 MHz portion 
of which has been tentatively identified as suitable for AWS. In 
addition, an MDS relocation to the 2495-2500 MHz band could provide an 
opportunity to integrate the spectrum at 2495-2500 MHz into a larger 
2495-2690 MHz band plan and establish the new BRS.

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

    There were no comments filed that specifically addressed the rules 
and policies proposed in the IRFA.

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

    The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of, the number of small entities that may be 
affected by the rules adopted herein. 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: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).
    Fixed Microwave Services. Fixed microwave services include common 
carrier, private operational-fixed, and broadcast auxiliary radio 
services. At present, 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 created a size standard for a small business 
specifically with respect to fixed microwave services. 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. The Commission does not have data specifying 
the number of these licensees that have more than 1,500 employees, and 
thus are 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 up to 22,015 
common carrier fixed licensees and up to 61,670 private operational-
fixed licensees and broadcast auxiliary radio licensees in the 
microwave services that may be small and may be affected by the rules 
and policies proposed herein. We note, however, that the common carrier 
microwave fixed licensee category includes some large entities.
    Broadcast Auxiliary Service (BAS). BAS involves a variety of 
transmitters, generally used to relay broadcast programming to the 
public (through translator and booster stations) or within the program 
distribution chain (from a remote news gathering unit back to the 
stations). The Commission has not developed a definition of small 
entities specific to broadcast auxiliary licensees. The SBA has 
developed small business size standards, as follows: (1) For TV BAS, we 
will use the small business size standard for Television Broadcasting, 
which consists of all such companies having annual receipts of no more 
than $12 million; (2) for Aural BAS, we will use the small business 
size standard for Radio Stations, which consists of all such companies 
having annual receipts of no more than $6 million; (3) for Remote 
Pickup BAS, we will use the small business size standard for Television 
Broadcasting when used by a TV station and the small business size 
standard for Radio Stations when used by a radio station.
    According to Commission staff review of BIA Publications, Inc. 
Master Access Television Analyzer Database, as of May 16, 2003, about 
814 of the 1,220 commercial television stations in the United States 
had revenues of $12 million or less. We note, however, that, in 
assessing whether a business concern qualifies as small under the above 
definition, business (control) affiliations must be included. Our 
estimate, therefore, likely overstates the number of small entities 
that might be affected by our action, because the revenue figure on 
which it is based does not include or aggregate revenues from 
affiliated companies. There are also 2,127 low power television 
stations (LPTV). Given the nature of this service, we will presume that 
all LPTV licensees qualify as small entities under the SBA size 
standard. According to Commission staff review of BIA Publications, 
Inc., Master Access Radio Analyzer Database, as of May 16, 2003, about 
10,427 of the 10,945 commercial radio stations in the United States had 
revenue of $6 million or less. We note, however, that many radio 
stations are affiliated with much larger corporations with much higher 
revenue, and, that in assessing whether a business concern qualifies as 
small under the above definition, such business (control) affiliations 
are included. Our estimate, therefore, likely overstates the number of 
small businesses that might be affected by our action.
    MDS, Multichannel Multipoint Distribution Service. Multichannel

[[Page 48160]]

Multipoint Distribution Service (MMDS) systems, often referred to as 
``wireless cable,'' transmit video programming to subscribers using the 
microwave frequencies of MDS and 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 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, we estimate 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.
    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 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, we estimate that the majority of providers 
in this service category are small businesses that may be affected by 
the proposed rules and policies.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities

    Although the Fourth Report and Order imposes no compliance 
requirements, future Commission decisions may impose some requirements.

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

    The RFA requires an agency to describe any significant alternatives 
that it has considered in developing its approach, which may include 
the following four alternatives (among others): ``(1) The establishment 
of differing compliance or reporting requirements or timetables that 
take into account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    The Fourth Report and Order recognizes that there are grandfathered 
stations in the BAS and private radio services that may need to be 
relocated to accommodate the addition of a fixed and mobile except 
aeronautical mobile allocation in the 2495-2500 MHz band, and the 
potential use of this band by the BRS. But because the BAS and private 
radio services have been sharing use of the 2495-2500 MHz band on an 
interference-free basis for some time, the addition of a fixed and 
mobile except aeronautical mobile allocation to this band may not cause 
interference to these operations. A specific relocation plan for the 
remaining grandfathered incumbents in the 2495-2500 MHz band, including 
BAS and private radio service operators, will be provided, if 
necessary, when the remaining issues concerning AWS relocation are 
addressed.
    Finally, no significant alternatives were suggested by commenters 
and nor do we think there are any other alternatives that would have a 
lesser impact on small businesses.

Report to Congress

    The Commission will send a copy of the Fourth Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Fourth Report and Order, including this FRFA, to the Chief 
Counsel for Advocacy of the SBA. A copy of the Fourth Report and Order 
and FRFA (or summaries thereof) will also be published in the Federal 
Register.

Ordering Clauses

    Pursuant to sections 4(i), 7, 302(a), 303(c), 303(e), 303(f) and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
157, 302(a), 303(c), 303(e), 303(f) and 303(r), the Report and Order, 
Fourth Report and Order, and Further Notice of Proposed Rulemaking are 
adopted and that parts 2, 25, 74, 90 and 101 of the Commission's Rules 
are amended, as specified in the Final Rules, effective September 8, 
2004.
    The Commission's Consumer Information Bureau, Reference Information 
Center, shall send a copy of this Report and Order, Fourth Report and 
Order, and Further Notice of Proposed Rulemaking, including the Final 
Regulatory Flexibility Analysis, Final Regulatory Flexibility 
Certification, and the Initial Regulatory Flexibility Certification to 
the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 2 and 25, 74, 90, and 101.

    Land Mobile Radio Services, Radio, Satellites, Telecommunications, 
Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2, 25, 74, 90, and 101 as follows:

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

0
1. The authority citation for part 2 continues to read as follows:

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


0
2. Section 2.106 is amended as by revising page 52 of the Table of 
Frequency Allocations, adding a new footnote U.S. 391, and revising 
footnote NG 147 to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
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* * * * *

United States (US) Footnotes

* * * * *
    US391 In the band 2495-2500 MHz, the mobile-satellite service 
(space-to-Earth) shall not receive protection from non-Federal 
Government stations in the fixed and mobile except aeronautical 
mobile services operating in that band.
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG147 In the band 2483.5-2500 MHz, stations in the fixed and 
mobile services that are licensed under part 74 (Television 
Broadcast Auxiliary Stations), part 90 (Private Land Mobile Radio 
Services), or part 101 (Fixed Microwave Services) of the 
Commission's Rules, which were licensed as of July 25, 1985, and 
those whose initial applications were filed on or before July 25, 
1985, may continue to operate on a primary basis with the mobile-
satellite and radiodetermination-satellite services, and in the 
segment 2495-2500 MHz, these grandfathered stations may also 
continue to operate on a primary basis with stations in the fixed 
and mobile except aeronautical mobile services that are licensed 
under part 27 (Miscellaneous Wireless Communication Services) of the 
Commission's Rules.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies sections 4, 
301, 302, 303, 307, 309 and 332 of the Communications Act, as 
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332, unless 
otherwise noted.

0
4. Section 25.149 is amended by revising paragraph (a)(2)(iii) to read 
as follows:


Sec.  25.149  Application requirements for ancillary terrestrial 
components in the mobile-satellite service networks operating in the 
1.5/1.6 GHz, 1.6/2.4 GHz and 2 GHz mobile-satellite service.

    (a) * * *
    (2) * * *
    (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands (Big LEO bands), 
ATC operations are limited to the 1610-1615.5 MHz, 1621.35-1626.5 MHz, 
and 2487.5-2493.0 MHz bands and to the specific frequencies authorized 
for use by the MSS licensee that seeks ATC authority.
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
5. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h), 554.


0
6. Section 74.602 is amended by adding paragraph (a)(2) to read as 
follows:


Sec.  74.602  Frequency assignment.

    (a) * * *
    (2) In the band 2483.5-2500 MHz, no applications for new stations 
or modification to existing stations to increase the number of 
transmitters will be accepted. Existing licensees as of July 25, 1985, 
and licensees whose initial applications were filed on or before July 
25, 1985, are grandfathered and their operations are on a co-primary 
basis with the mobile-satellite and radiodetermination-satellite 
services, and in the segment 2495-2500 MHz, their operations are also 
on a co-primary basis with part 27 fixed and mobile except aeronautical 
mobile service operations.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
7. The authority citation for part 90 continues to read as follows:

    Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).


0
8. Section 90.20 is amended by revising paragraph (d)(73) to read as 
follows:


Sec.  90.20  Public Safety Pool.

* * * * *
    (d) * * *
    (73) Available only on a shared basis with stations in other 
services, and subject to no protection from interference due to the 
operation of industrial, scientific, or medical (ISM) devices. In the 
band 2483.5-2500 MHz, no applications for new stations or modification 
to existing stations to increase the number of transmitters will be 
accepted. Existing licensees as of July 25, 1985, and licensees whose 
initial applications were filed on or before July 25, 1985, are 
grandfathered and their operations are on a co-primary basis with the 
mobile-satellite and radiodetermination-satellite services, and in the 
segment 2495-2500 MHz, their operations are also on a co-primary basis 
with part 27 fixed and mobile except aeronautical mobile service 
operations.
* * * * *

0
9. Section 90.35 is amended by revising paragraph (c)(74) to read as 
follows:


Sec.  90.35  Industrial/Business Pool.

* * * * *
    (c) * * *
    (74) Available only on a shared basis with stations in other 
services, and subject to no protection from interference due to the 
operation of industrial, scientific, or medical (ISM) devices. In the 
band 2483.5-2500 MHz, no applications for new stations or modification 
to existing stations to increase the number of transmitters will be 
accepted. Existing licensees as of July 25, 1985, and licensees whose 
initial applications were filed on or before July 25, 1985, are 
grandfathered and their operations are on a co-primary basis with the 
mobile-satellite and radiodetermination-satellite services, and in the 
segment 2495-2500 MHz, their operations are also on a co-primary basis 
with part 27 fixed and mobile except aeronautical mobile service 
operations.
* * * * *

PART 101--FIXED MICROWAVE SERVICES

0
10. The authority citation for part 2 continues to read as follows:


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

0
11. Section 101.147 is amended by revising paragraph (f)(2) to read as 
follows:


Sec.  101.147  Frequency assignments.

* * * * *
    (f) * * *
    (2) Stations licensed in this band under this part prior to March 
1, 1996, are grandfathered and may continue their authorized 
operations. Stations licensed in the 2483.5-2500 MHz portion of the 
band as of July 25, 1985, and licensees whose initial applications were 
filed on or before July 25, 1985, are grandfathered, and may continue 
operations, subject only to license renewal, on a co-primary basis with 
with the mobile-satellite and radiodetermination-satellite services, 
and in the segment 2495-2500 MHz, their operations are also on a co-
primary basis with part 27 fixed and mobile except aeronautical mobile 
service operations.
* * * * *
[FR Doc. 04-18148 Filed 8-6-04; 8:45 am]
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