[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Rules and Regulations]
[Pages 52198-52208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18464]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, and 101

[IB Docket No. 97-95, FCC 03-296]


Allocation and Designation of Spectrum for Fixed-Satellite 
Services in the 37.5-38.5 GHz, 40.5-41.5 GHz and 48.2-50.2 GHz 
Frequency Bands; Allocation of Spectrum To Upgrade Fixed and Mobile 
Allocations in the 40.5-42.5 GHz Frequency Band; Allocation of Spectrum 
in the 46.9-47.0 GHz Frequency Band for Wireless Services; and 
Allocation of Spectrum in the 37.0-38.0 GHz and 40.0-40.5 GHz for 
Government Operations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document is a summary of the Second Report and Order 
adopted by the Commission in this proceeding. The Commission modified 
the band plan for the 36.0-51.4 GHz band. Specifically, the Commission 
made various designation and allocation changes in the 37.0-42.0 GHz 
band to create contiguous spectrum for both fixed-satellite services 
and terrestrial fixed and mobile services (wireless services), which 
reflects decisions made at the 2000 and 2003 World Radiocommunication 
Conferences. The Commission finalized the satellite and terrestrial 
designations required by the Commission's ``soft-segmentation'' 
approach and adopted service rules for satellite services, including 
gateway definitions and power-flux density (PFD) limits.

DATES: Effective September 24, 2004.

FOR FURTHER INFORMATION CONTACT: David Strickland, Breck Blalock, or 
James Ball, Policy Division, International Bureau, (202) 418-1460.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order in IB Docket No. 97-95, FCC No. 03-296, adopted 
November 17, 2003 and released on December 5, 2003. The full text of 
this Commission decision is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street, SW., Washington, DC 20554. The document is also available 
for download over the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-296A1.pdf. The complete text may also be 
purchased from the Commission's copy contractor, Qualex International, 
in person at 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
via telephone at (202) 863-2893, via facsimile at (202) 863-2898, or 
via e-mail at [email protected].

Summary of Report and Order

    On May 24, 2001, the Commission adopted a Further Notice of 
Proposed Rulemaking (66 FR 35399, July 5, 2001) in this proceeding to 
obtain comment on proposals to modify the band plan for the 36.0-51.4 
GHz band. On December 5, 2003, the Commission released a Second Report 
and Order in this proceeding. In the Second Report and Order, the 
Commission made various designation and allocation changes in the 37.0-
42.0 GHz band to create contiguous spectrum for both fixed-satellite 
services and terrestrial fixed and mobile services (wireless services), 
which reflects decisions made at the 2000 World Radiocommunication 
Conference (WRC-2000) in Istanbul, Turkey and the 2003 World 
Radiocommunication Conference (WRC-2003) in Geneva, Switzerland. The 
Commission finalized the satellite and terrestrial designations 
required by the Commission's ``soft segmentation'' approach and adopted 
service rules for satellite services, including gateway definitions and 
power-flux density (PFD) limits. The Commission will address in 
separate service rulemakings additional service rules for satellite and 
terrestrial systems' use of the designations we adopt in this item, 
including the precise conditions applied to the satellite PFD limits 
adopted in this Second Report and Order, and proposed rules to 
coordinate certain types of earth stations operating in the

[[Page 52199]]

V-band spectrum. The Commission also will address in future rulemakings 
the National Telecommunications and Information Administration's 
(NTIA's) request to delete Broadcasting-Satellite Service (BSS) from 
the 42.0-42.5 GHz band and to protect Radio Astronomy operations at 
42.5-43.5 GHz from satellite services in adjacent downlink bands. By 
making these designation and allocation changes, the Commission brings 
certainty to systems currently operating n the 37.0-40.0 GHz portion of 
the spectrum and codify the concept of ``soft-segmentation,'' and allow 
ubiquitous deployment of fixed service and fixed satellite service 
operations to commence in the V-band.

Procedural Matters

Paperwork Reduction Act

    This Second Report and Order does not contain a new or modified 
information collection.

Final Regulatory Flexibility Act Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Further Notice of Proposed Rulemaking in IB 
Docket No. 97-95. The Commission sought written public comment on the 
Proposals in the V-band Further Notice, including comment on the IRFA. 
This present Final Regulatory Flexibility Analysis (FRFA) conforms to 
the RFA.

A. Need for and Objectives of the Proposed Rules

    In this Second Report and Order, we modify the band segmentation 
plan governing operations in the 36.0-51.4 GHz band to reflect 
decisions reached at the 2000 World Radiocommunication Conference (WRC-
2000) and the 2003 World Radiocommunication Conference (WRC-2003). The 
changes adopted in the domestic Table of Allocations seek to maximize 
efficient use of the radio spectrum by both satellite and terrestrial 
uses, with minimal changes to the existing Table. These changes will 
provide satellite and terrestrial operators, including small entity 
operators, with greater certainty about the scope of operations in this 
band, and should therefore provide benefits for small entity operators.
    We make various designation and allocation changes in the 37.0-42.0 
GHz band to create two gigahertz of contiguous spectrum for the fixed 
satellite services and three gigahertz for terrestrial fixed wireless 
services. Specifically, we:
     Redesignate the spectrum available for wireless services 
from the 41.0-42.0 GHz band to the 37.6-38.6 GHz band, redesignate the 
spectrum available for satellite uses from the 37.6-38.6 GHz band to 
the 41.0-42.0 GHz band, and modify parts 25 and 101 of our rules 
accordingly.
     Decline to adopt a Mobile-Satellite Service (MSS) 
designation in the 40.5-41.0 GHz band on a primary basis, and allocate 
MSS on a secondary basis in the 40.5-41.0 GHz band for Federal and non-
Federal Government use.
     Add an additional 100 megahertz Fixed-Satellite Service 
(FSS) allocation in the 37.5-37.6 GHz band.
     Delete the non-Federal Government MSS allocation from the 
39.5-40.0 GHz band and no longer require that non-Federal Government 
fixed and mobile operations protect Federal Government MSS earth 
stations in this band.
     Add a Government FSS allocation to the 40.5-41.0 GHz band, 
and require Government and commercial operators to coordinate their 
operations on a co-primary basis. (A service that is primary is the 
only service given priority status to operate in a frequency band. A 
service that is co-primary must share operations with other services 
specified as co-primary in the frequency band on a co-equal basis. A 
service that is secondary is allowed to use the band as long as its 
operations do not cause interference to any primary operations, and it 
must accept any interference caused by a primary service. If a 
secondary service operation causes interference to a primary service, 
the secondary service provider must eliminate the interference or cease 
operations. See generally 47 CFR Sec.  2.105 (2002)).
     Adopt a primary non-Government FSS allocation in the 41.0-
42.0 GHz band and modify the Table of Allocations in section 2.106 of 
our rules accordingly.
     Maintain the current 47.2-48.2 GHz allocation for 
exclusive commercial use, and preserve the 42.5-43.5 GHz allocation for 
exclusive Government use (with the exception of Radio Astronomy 
operations).
     Incorporate into the Commission's rules PFD limits in the 
37.5-40.0 GHz band that apply during normal (free-space, clear-sky) 
conditions and upper bound PFD limits that may apply during rain fade 
conditions.
     Adopt a description of ``gateway'' for earth stations 
licensed in the 37.5-40.0 GHz band.

B. Legal Basis

    The proposed action is taken pursuant to sections 1, 4(i), 301, 
302, 303(e), 303(f), 303(g), 303(r), 304, and 307 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301, 302, 303(e), 
303(f), 303(g), 303(r), 304, and 307.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed 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 proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small 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).
    Geostationary and Non-Geostationary Orbit Fixed-Satellite Service 
Applicants and Licensees. Regarding future satellite use of the bands 
that are the subject of this rulemaking, the applicable definition of 
small entity is the definition under the Small Business Administration 
(SBA) rules applicable to Satellite Telecommunications. This definition 
provides that a small entity is one with $12.5 million or less in 
annual receipts. (See 13 CFR 121.201 (2002), North American Industry 
Classification System (NAICS) 517410). According to 1997 Census Bureau 
data (in 1997--the most recent year in which census data is available--
the NAICS code for ``Satellite Telecommunications'' was 513340), there 
are 273 satellite communication firms with annual receipts of under $10 
million. In addition, 24 firms had receipts for that year of $10 
million to $24,999,990 (U.S. Bureau of Census, U.S. Department of 
Commerce, 1997 Economic Census, EC97S51S-SZ, Subject Series, 
Establishment and Firm Size, Table 2, Employment Size of Establishments 
of Firms Subject to Federal Income Tax: 1997, NAICS Code 51740 (issued 
October 2000)). Generally, these NGSO and GSO FSS systems cost several 
millions of dollars to construct and operate. Therefore the NGSO and 
GSO FSS companies, or their parent companies, rarely qualify under this 
definition as a small entity. In addition, the proposed rules may 
affect allocations for the space research (passive) and radio astronomy 
services. There are no small entities affected by

[[Page 52200]]

this action because only Federal agencies currently make use of these 
services.
    Terrestrial Fixed and Mobile Wireless Services. We note that the 
rules in this order provide spectrum for future wireless and satellite 
licensees and the proposal would not affect any current non-Federal 
Government users. Regarding future terrestrial fixed and mobile use of 
the subject bands, the applicable definition of small entity is the 
definition under the SBA rules applicable to the Cellular and Other 
Wireless Telecommunications industry. This definition provides that a 
small entity is a firm employing no more than 1,500 persons (see 13 CFR 
121.201 (2002), NAICS Code 513322 (changed to 517410 in October 2002)). 
The 1997 Census of Transportation, Communications, and Utilities, 
conducted by the Bureau of the Census, which is the most recent 
information available, shows that only 12 cellular and other wireless 
telecommunications firms out of a total of 1,238 such firms that 
operated during 1997 had 1,000 or more employees. (U.S. Bureau of the 
Census, U.S. Department of Commerce, 1997 Economic Census, EC97551S-SZ, 
Subject Series, Establishment and Firm Size, Table 5, Employment Size 
of Firms: 1997, NAICS Code 513322 (issued October 2000).) While we 
cannot at this time know precisely which entities will ultimately be 
utilizing all the subject spectrum, the following services are 
possibilities:
    Fixed Microwave Services. Fixed microwave services include common 
carrier, private operational-fixed, and broadcast auxiliary radio 
services. ( See 47 CFR 101 et seq. (2002) (formerly part 21 of the 
Commission's rules) for common carrier fixed microwave services (except 
Multipoint Distribution Service). Persons eligible under parts 80 and 
90 of the Commission's rules can use Private Operational-Fixed 
Microwave services. See 47 CFR parts 80 and 90 (2002). Stations in this 
service are called operational-fixed to distinguish them from common 
carrier and public fixed stations. Only the licensee may use the 
operational-fixed station, and only for communications related to the 
licensee's commercial, industrial, or safety operations. Auxiliary 
Microwave Service is governed by part 74 of Title 47 of the 
Commission's rules. See 47 CFR part 74 et seq. (2002). (This service is 
available to licensees of broadcast stations and to broadcast and cable 
network entities. Broadcast auxiliary microwave stations are used for 
relaying broadcast television signals from the studio to the 
transmitter, or between two points such as a main studio and an 
auxiliary studio. The service also includes mobile television pickups, 
which relay signals from a remote location back to the studio.) At 
present, there are approximately 22,015 common carrier fixed licensees 
and 61,670 private operations-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. (See 13 CFR 121.201 (2002), NAICS code 513322 (changed to 
517212 in October 2002).) 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 22,015 or fewer 
small common carrier fixed licensees and 61,670 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.
    39 GHz Service. The Commission created a special small business 
size standard for 39 GHz licenses--an entity that has average gross 
revenues of $40 million or less in the three previous calendar years. 
(See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz 
and 38.6-40.0 GHz Bands, ET Docket No. 95-183, Report and Order, 63 FR 
6079 (February 6, 1998).) An additional size standard for ``very small 
businesses'' is: an entity that, together with affiliates, has average 
gross revenues of not more than $15 million for the preceding three 
calendar years. The SBA has approved these small business size 
standards. (See Letter to Kathleen O'Brien Ham, Chief, Auctions and 
Industry Analysis Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, from Aida Alvarez, administrator, Small 
Business Administration (February 4, 1998).) 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. 
Consequently, the Commission estimates that 18 or fewer 39 GHz 
licensees are small entities that may be affected by the rules and 
policies adopted herein.
    Local Multipoint Distribution Service. The auction of the 1,030 
Local Multipoint Distribution Service (LMDS) licenses began on February 
18, 1998 and closed on March 25, 1998. The Commission established a 
small business size standard for LMDS licensees as an entity that has 
average gross revenues of less than $40 million in the three previous 
calendar years. (See Local Multipoint Distribution Service, Second 
Report and Order, 12 FCC Rcd 12545 (1997).) An additional small 
business size standard for ``very small business'' was added 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 approved these small business size standards in the context of 
LMDS auctions. (See Letter to Dan Phythyon, Chief, Wireless 
Telecommunications Bureau, Federal Communications Commission, from A. 
Alvarez, Administrator, Small Business Administration (January 6, 
1998).) 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 40 winning bidders. Based on this information, we conclude 
that the number of small LMDS licenses will include the 93 winning 
bidders in the first auction and the 40 winning bidders in the re-
auction, for a total of 133 small entity LMDS providers as defined by 
the SBA and the Commission's auction rules.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    None. These changes impose no cost or reporting burdens on fixed-
satellite, mobile-satellite, or broadcasting-satellite service 
operators. No incumbents are affected by this proposed action. The only 
service rule changes proposed concern power flux density limits and 
frequency tolerance and emission limitations, which do not have 
associated compliance burdens.

E. 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 reaching its proposed approach, which may 
include the following four alternatives (among

[[Page 52201]]

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 or reporting requirements under the rule 
for 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 small entities. (See 5 U.S.C. 603.)
    In this Second Report and Order, we modify the band segmentation 
plan governing operations in the 36.0-51.4 GHz band to reflect 
decisions reached at the 2000 World Radiocommunication Conference (WRC-
2000) and the 2003 World Radiocommunication Conference (WRC-2003). 
These changes primarily attempt to settle allocation and segmentation 
issues and, as a result, provide similar benefits for all entities, 
including small. Specifically, the changes adopted in the domestic 
Table of Allocations seek to maximize efficient use of the radio 
spectrum by both satellite and terrestrial uses, with minimal changes 
to the existing Table. These changes will benefit all satellite and 
terrestrial operators by providing satellite and terrestrial operators, 
including small entity operators, with greater certainty about the 
scope of operations in this band.

F. Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    It is ordered that, pursuant to sections 4(i), 7(a), 303(c), 
303(f), 303(g), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r), 
parts 2, 25, and 101 of the Commission's rules are amended, as 
specified in the rule changes, effective September 24, 2004.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

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

    Radio, Satellites, Telecommunications.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

0
For the reasons set forth in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2, 25, 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, the Table of Frequency Allocations, is amended as 
follows:
0
a. Revise pages 76, 77, 78, and 79 of the Table of Frequency 
Allocations.
0
b. In the list of International Footnotes under heading I: revise 
footnotes 5.340, 5.547 and 5.555A; add footnotes 5.516B, 5.51H, 5.51I, 
and 5.554A; and remove footnotes 5.551AA and 5.551G.
0
c. In the list of United States footnotes, add footnote US382.
0
d. In the list of Federal Government footnotes, revise footnote G117.


Sec.  2.106  Table of Frequency Allocations.

BILLING CODE 6712-01-P

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

International Footnotes

* * * * *
    5.340 All emissions are prohibited in the following bands:

1400-1427 MHz,
2690-2700 MHz, except those provided for by No. 5.422,
10.68-10.7 GHz, except those provided for by No. 5.483,
15.35-15.4 GHz, except those provided for by No. 5.511,
23.6-24 GHz,
31.3-31.5 GHz,
31.5-31.8 GHz, in Region 2,
48.94-49.04 GHz, from airborne stations,
50.2-50.4 GHz\2\,
52.6-54.25 GHz,
86-92 GHz,
100-102 GHz,
109.5-111.8 GHz,
114.25-116 GHz,
148.5-151.5 GHz,
164-167 GHz,
182-185 GHz,
190-191.8 GHz,
200-209 GHz,
226-231.5 GHz,
250-252 GHz.
    \2\ 5.340.1 The allocation to the earth exploration-satellite 
service (passive) and the space research service (passive) in the 
band 50.2-50.4 GHz should not impose undue constraints on the use of 
the adjacent bands by the primary allocated services in those bands.
* * * * *
    5.516B The following bands are identified for use by high-
density applications in the fixed-satellite service (HDFSS):

17.3-17.7 GHz (space-to-Earth) in Region 1
18.3-19.3 GHz (space-to-Earth) in Region 2
19.7-20.2 GHz (space-to-Earth) in all Regions
39.5-40 GHz (space-to-Earth) in Region 1
40-40.5 GHz (space-to-Earth) in all Regions
40.5-42 GHz (space-to-Earth) in Region 2
47.5-47.9 GHz (space-to-Earth) in Region 1
48.2-48.54 GHz (space-to-Earth) in Region 1
49.44-50.2 GHz (space-to-Earth) in Region 1 and
27.5-27.82 GHz (Earth-to-space) in Region 1
28.35-28.45 GHz (Earth-to-space) in Region 2
28.45-28.94 GHz (Earth-to-space) in all Regions
28.94-29.1 GHz (Earth-to-space) in Region 2 and 3
29.25-29.46 GHz (Earth-to-space) in Region 2
29.46-30 GHz (Earth-to-space) in all Regions
48.2-50.2 GHz (Earth-to-space) in Region 2

    This identification does not preclude the use of these bands by 
other fixed-satellite service applications or by other services to 
which these bands are allocated on a co-primary basis and does not 
establish priority in these Regulations among users of the bands. 
Administrations should take this into account when considering 
regulatory provisions in relation to these bands. See Resolution 143 
(WRC-03).
* * * * *
    5.547 The bands 31.8-33.4 GHz, 37-40 GHz, 40.5-43.5 GHz, 51.4-
52.6 GHz, 55.78-59 GHz and 64-66 GHz are available for high-density 
applications in the fixed service (see Resolutions 75 (WRC-2000) and 
79 (WRC-2000)). Administrations should take this into account when 
considering regulatory provisions in relation to these bands. 
Because of the potential deployment of high-density applications in 
the fixed-satellite service in the bands 39.5-40 GHz and 40.5-42 GHz 
(see No. 5.516B), administrations should further take into account 
potential constraints to high-density applications in the fixed 
service, as appropriate.
* * * * *
    5.551H The equivalent power flux-density (epfd) produced in the 
band 42.5-43.5 GHz by all space stations in any non-geostationary-
satellite system in the fixed-satellite service (space-to-Earth), or 
in the broadcasting-satellite service (space-to-Earth) operating in 
the 42-42.5 GHz band, shall not exceed the following values at the 
site of any radio astronomy station for more than 2% of the time:
    -230 dB(W/m\2\) in 1 GHz and -246 dB(W/m\2\) in any 500 kHz of 
the 42.5-43.5 GHz band at the site of any radio astronomy station 
registered as a single-dish telescope; and
    -209 dB(W/m\2\) in any 500 kHz of the 42.5-43.5 GHz band at the 
site of any radio astronomy station registered as a very long 
baseline interferometry station.
    These epfd values shall be evaluated using the methodology given 
in Recommendation ITU-R S.1586 and the reference antenna pattern and 
the maximum gain of an antenna in the radio astronomy service given 
in Recommendation ITU-R RA.1631 and shall apply over the whole sky 
and for elevation angles higher than the minimum operating angle 
[thetas]min of the radiotelescope (for which a default value of 
5[deg] should be adopted in the absence of notified information).
    These values shall apply at any radio astronomy station that 
either:

--Was in operation prior to 5 July 2003 and has been notified to the 
Radiocommunication Bureau before 4 January 2004; or
--Was notified before the date of receipt of the complete Appendix 4 
information for coordination or notification, as appropriate, for 
the space station to which the limits apply.

    Other radio astronomy stations notified after these dates may 
seek an agreement with administrations that have authorized the 
space stations. In Region 2, Resolution 743 (WRC-03) shall apply. 
The limits in this footnote may be exceeded at the site of a radio 
astronomy station of any country whose administration so agreed.

    5.551I The power flux-density in the band 42.5-43.5 GHz produced 
by any geostationary space station in the fixed-satellite service 
(space-to-Earth), or the broadcasting-satellite service (space-to-
Earth) operating in the 42-42.5 GHz band, shall not exceed the 
following values at the site of any radio astronomy station:
    -137 dB(W/m2) in 1 GHz and -153 dB(W/m2) 
in any 500 kHz of the 42.5-43.5 GHz band at the site of any radio 
astronomy station registered as a single-dish telescope; and
    -116 dB(W/m2) in any 500 kHz of the 42.5-43.5 GHz 
band at the site of any radio astronomy station registered as a very 
long baseline interferometry station.
    These values shall apply at the site of any radio astronomy 
station that either:

--Was in operation prior to 5 July 2003 and has been notified to the 
Radiocommunication Bureau before 4 January 2004; or
--Was notified before the date of receipt of the complete Appendix 4 
information for coordination or notification, as appropriate, for 
the space station to which the limits apply.

    Other radio astronomy stations notified after these dates may 
seek an agreement with administrations that have authorized the 
space stations. In Region 2, Resolution 743 (WRC-03) shall apply. 
The limits in this footnote may be exceeded at the site of a radio 
astronomy station of any country whose administration so agreed.
* * * * *
    5.554A The use of the bands 47.5-47.9 GHz, 48.2-48.54 GHz and 
49.44-50.2 GHz by the fixed-satellite service (space-to-Earth) is 
limited to geostationary satellites.
* * * * *
    5.555A The power flux-density in the band 48.94-49.04 GHz 
produced by any geostationary space station in the fixed-satellite 
service (space-to-Earth) operating in the bands 48.2-48.54 GHz and 
49.44-50.2 GHz shall not exceed -151.8 dB(W/m2) in any 
500 kHz band at the site of any radio astronomy station.
* * * * *

United States (US) Footnotes

* * * * *
    US382 In the band 39.5-40 GHz, Federal Government earth stations 
in the mobile-satellite service (space-to-Earth) shall not claim 
protection from non-Federal Government stations in the fixed and 
mobile services. ITU Radio Regulation No. 5.43A does not apply.
* * * * *

Government (G) Footnotes

* * * * *
    G117 In the bands 7.25-7.75 GHz, 7.9-8.4 GHz, 17.8-21.2 GHz, 30-
31 GHz, 33-36 GHz, 39.5-41 GHz, 43.5-45.5 GHz and 50.4-51.4 GHz, the 
Government fixed-satellite and mobile-satellite services are limited 
to military systems.
* * * * *

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, 309, 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 25.202 is amended by adding two entries in numerical order, 
revising an entry, and adding two

[[Page 52207]]

footnotes to table following paragraph (a)(1) to read as follows:


Sec.  25.202  Frequencies, frequency tolerance and emission 
limitations.

    (a)(1)* * *

------------------------------------------------------------------------
                                                          Earth-to-space
                  Space-to-earth (GHz)                         (GHz)
------------------------------------------------------------------------
 
                                * * * * *
18.58-18.8 6, 10, 11....................................     1 47.2-50.2
37.5-40 15, 16
                                * * * * *
40-42 16
                                * * * * *
------------------------------------------------------------------------
* * * * *
\15\ Use of this band by the fixed-satellite service is limited to
  ``gateway'' earth station operations, provided the licensee under this
  Part obtains a license under Part 101 of this Chapter or an agreement
  from a Part 101 licensee for the area in which an earth station is to
  be located. Satellite earth station facilities in this band may not be
  ubiquitously deployed and may not be used to serve individual
  consumers.
\16\ The band 37.5-40.0 GHz is designated as being available for use by
  the fixed and mobile services and the band 40.0-42.0 GHz is designated
  as being available for use by the fixed-satellite service.

* * * * *

0
5. Section 25.208 is amended by adding paragraphs (p), (q), (r), (s) 
and (t) to read as follows:


Sec.  25.208  Power flux-density limits.

* * * * *
    (p) In the band 37.5-40.0 GHz, the power flux-density at the 
Earth's surface produced by emissions from a geostationary space 
station for all methods of modulation shall not exceed the following 
values.
    (1) This limit relates to the power flux-density which would be 
obtained under assumed free space conditions (that is, when no 
allowance is made for propogation impairments such as rain-fade):
    -139 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -139 + 4/3 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 20 degrees above 
the horizontal plane; and
    -119 + 0.4 ([delta]-20) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 20 and 25 degrees above 
the horizontal plane;
    -117 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;
    (2) This limit relates to the maximum power flux-density which 
would be obtained anywhere on the surface of the Earth during periods 
when FSS system raises power to compensate for rain-fade conditions at 
the FSS Earth station:
    -127 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -127 + 4/3 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 20 degrees above 
the horizontal plane; and
    -107 + 0.4 ([delta]-20) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 20 and 25 degrees above 
the horizontal plane;
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane.


    Note to Paragraph (p): The conditions under which satellites may 
exceed the power flux-density limits for normal free space 
propagation described in paragraph (p)(1) to compensate for the 
effects of rain fading are under study and have therefore not yet 
been defined. Such conditions and the extent to which these limits 
can be exceeded will be the subject of a further rulemaking by the 
Commission on the satellite service rules.


    (q) In the band 37.5-40.0 GHz, the power flux-density at the 
Earth's surface produced by emissions from a non-geostationary space 
station for all methods of modulation shall not exceed the following 
values:
    (1) This limit relates to the power flux-density which would be 
obtained under assumed free space conditions (that is, when no 
allowance is made for propogation impairments such as rain-fade):
    -132 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -132 + 0.75 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 25 degrees above 
the horizontal plane; and
    -117 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;
    (2) This limit relates to the maximum power flux-density which 
would be obtained anywhere on the surface of the Earth during periods 
when FSS system raises power to compensate for rain-fade conditions at 
the FSS Earth station:
    -120 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -120 + 0.75 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 25 degrees above 
the horizontal plane; and
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane.


    Note to Paragraph (q): The conditions under which satellites may 
exceed these power flux-density limits for normal free space 
propagation described in paragraph (q)(1) to compensate for the 
effects of rain fading are under study and have therefore not yet 
been defined. Such conditions and the extent to which these limits 
can be exceeded will be the subject of a further rulemaking by the 
Commission on the satellite service rules.


    (r) In the band 40.04 0.5 GHz, the power flux-density at the 
Earth's surface produced by emissions from a space station for all 
conditions and for all methods of modulation shall not exceed the 
following values:
    -115 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -115 + 0.5 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 25 degrees above 
the horizontal plane; and
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;


    Note to paragraph (r): These limits relate to the power flux-
density that would be obtained under assumed free-space propagation 
conditions.


    (s) In the band 40.5-42.0 GHz, the power flux density at the 
Earth's surface produced by emissions from a non-geostationary space 
station for all conditions and for all methods of modulation shall not 
exceed the following values:
    -115 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -115 + 0.5 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 25 degrees above 
the horizontal plane; and
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;


     Note to paragraph (s): These limits relate to the power flux 
density that would be obtained under assumed free-space propagation 
conditions.


    (t) In the band 40.5-42.0 GHz, the power flux-density at the 
Earth's surface produced by emissions from a geostationary space 
station for all conditions and for all methods of modulation shall not 
exceed the following values:
    -120 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -120 + ([delta]-5) dB(W/m2) in any 1 MHz band for angles 
of arrival [delta] (in degrees) between 5 and 15 degrees above the 
horizontal plane;
    -110 + 0.5 ([delta]-15) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 15 and 25 degrees above 
the horizontal plane; and
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;



[[Page 52208]]


    Note to paragraph (t): These limits relate to the power flux-
density that would be obtained under assumed free-space propagation 
conditions.

PART 101--FIXED MICROWAVE SERVICES

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


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


0
7. Section 101.147(a) is amended by removing the entry for ``38,600-
40,000 MHz'' and by adding in its place the following entries and note 
32 to read as follows:


Sec.  101.147  Frequency assignments.

    (a) Frequencies in the following bands are available for assignment 
for fixed microwave services.
* * * * *
37,000-40,000 MHz (4)(32)
42,000-42,500 MHz

Notes

* * * * *
    (32) Frequencies in this band are shared with stations in the 
fixed-satellite service, subject to the conditions specified in 
footnote 15 of Sec.  25.202(a)(1) of this chapter, see 47 CFR 47 
25.202(a)(1) n.16.
* * * * *
[FR Doc. 04-18464 Filed 8-24-04; 8:45 am]
BILLING CODE 6712-01-P