[Federal Register Volume 69, Number 211 (Tuesday, November 2, 2004)]
[Proposed Rules]
[Pages 63489-63498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24433]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 27

[WT Docket No. 04-356; WT Docket No. 02-353; FCC 04-218]


Service Rules for Advanced Wireless Services in the 1915-1920 
MHz, 1995-2000 MHz, 2175-2180 MHz and 1.7 GHz and 2.1 GHz Bands

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In connection with a decision to provide additional twenty 
megahertz of spectrum that can be used to offer a variety of broadband 
and advanced wireless services (AWS), potentially including ``third 
generation'' (3G) wireless services, the Commission ask for public 
comment on licensing, technical, and operational rules to govern the 
use of the 1915-1920 MHz, 1995-2000 MHz, and 2020-2025 MHz and 2175-
2180 MHz bands designated for AWS. The Commission announced its desire 
to provide licensees of this spectrum with flexibility to provide any 
fixed or mobile service consistent with the technical parameters of 
allocation.

DATES: Comments are due on or before November 23, 2004, and reply 
comments are due on or before January 7, 2005. Written comments on the 
Paperwork Reduction Act proposed information collection requirements 
must be submitted by the public, Office of Management and Budget (OMB), 
and other interested parties on or before November 23, 2004.

ADDRESSES: In addition to filing comments with the Secretary, a copy of 
any comments on the Paperwork Reduction Act information collection 
requirements contained herein should be submitted to Judith B. Herman, 
Federal Communications Commission, Room 1-C804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected], 
and to Kristy L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th 
Street, NW., Washington, DC 20503 via the Internet to [email protected], or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Peter Corea at 202-418-2487. For 
additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Judith B. Herman at 202-418-0214, or via Internet at [email protected].

SUPPLEMENTARY INFORMATION: This document contains proposed information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due on or before November 23, 2004. Comments should 
address: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition, pursuant to the Small

[[Page 63490]]

Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''
    This is a summary of the Commission's NPRM, released on September 
24, 2004, FCC 04-218. The full text of the NPRM 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 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 20554, telephone 
number 202-488-5300 or 800-387-3160, e-mail at [email protected]. The 
complete item is also available on the Commission's Web site at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.doc.

I. Summary of Notice of Proposed Rule Making

    1. In this Notice of Proposed Rule Making, we seek comment on 
service rules for licensed fixed and mobile services, including 
Advanced Wireless Services (AWS), in the 1915-1920 MHz, 1995-2000 MHz, 
2020-2025 MHz, and 2175-2180 MHz bands. These service rules include 
application, licensing, operating and technical rules. As with the 
service rules for advanced wireless services in the 1710-1755 MHz and 
2110-2155 MHz bands, we propose to permit any use of this spectrum that 
is consistent with the bands' fixed and mobile allocations. We also 
propose to license the bands using a geographic area licensing scheme, 
under our flexible, market-oriented part 27 rules. Because the adoption 
of geographic area licensing would make possible the filing of mutually 
exclusive applications, which in turn would require us to assign 
licenses by auction, we also propose competitive bidding rules. In 
addition, we seek comment on outstanding issues regarding the 
relocation of incumbents in each band, primarily whether to adopt rules 
governing the assignment of band clearance costs among multiple AWS 
licensees in the same band. We also seek comment on interference issues 
specific to each band, and seek comment on the power limits, out-of-
band emission restrictions, and other technical or operational 
requirements that might be needed to protect incumbents in adjacent 
bands from harmful interference.
    2. Concurrently with the adoption of this Notice, we are also 
adopting a Sixth Report and Order, in ET Docket No. 00-258, FCC 04-219, 
released September 22, 2004, designating these bands for licensed fixed 
and mobile services that include advanced wireless services, and 
pairing the 1915-1920 MHz band with the 1995-2000 MHz band and the 
2020-2025 MHz band with the 2175-2180 MHz band. Our goal is to enable 
service providers to maximize the use of this spectrum. Ideally, the 
marketplace, not the government, should determine how this spectrum is 
used, within the wide limits of the fixed and mobile allocation. Thus, 
the licensing and operational rules we propose below provide 
flexibility for licensees to offer 3G and other advanced wireless 
services in the near term, while preserving their ability to quickly 
adapt to changes in technological capabilities and marketplace 
conditions in the future. This will, in turn, benefit consumers by 
fostering the development of new services and capabilities. 
Specifically, the NPRM addresses the following issues:

Band Plan

    3. We tentatively conclude that we should license the 1915-1920 and 
1995-2000 MHz bands and the 2020-2025 and 2175-2180 MHz bands using a 
geographic area licensing scheme, and we seek comment on this tentative 
conclusion. Assuming that we utilize a geographic area approach for 
licensing these bands, we must determine the appropriate size(s) of 
service areas on which licenses should be based. In discussing these 
issues, commenters should also take into consideration the possibility 
of aggregating licenses through the auction process as well as post-
auction partitioning of licenses. We do not make any tentative 
conclusions regarding the most appropriate license area for these bands 
and invite comment broadly on this issue. We also specifically seek 
comment from Indian Tribal governments on the effect various geographic 
licensing options may have on the deployment of services to tribal 
lands.

Band Clearance and Reimbursement

    4. We have, in the accompanying AWS Sixth Report and Order, already 
established certain procedures for new AWS licensees to follow in 
relocating the incumbents in the bands at issue. In this Notice, we 
seek comment regarding additional relocation and reimbursement issues 
relevant to each band.
    5. 1915-1920 MHz Band. With regard to the 1915-1920 MHz band, UTAM, 
Inc. (UTAM) is entitled to recover from AWS licensees in this band 25% 
of UTAM's preexisting costs of relocating fixed microwave services 
(FMS) from the 1910-1930 MHz band, payable at the commencement of 
operations, and all of the future costs attributable to relocating FMS 
services from the 1915-1920 MHz band. We now seek comment on whether, 
in the event we license multiple licensees in this band, we should 
adopt rules resolving how current and future reimbursement costs will 
be shared among them. Thus, we seek comment both on how to apportion 
the initial 25% of UTAM's reimbursement costs among these licensees, 
and on how to allocate future costs. We also seek comment on how the 
Commission should apportion relocation costs in the event that there 
are multiple licenses and not all licenses are actually awarded. We 
also seek comment on whether it would be advantageous to require 
payment of reimbursement earlier than the commencement of operations. 
Further, we seek comment on whether UTAM should be required to provide, 
at a time prior to auction, the total amount of relocation costs it has 
incurred to date.
    6. 2175-2180 and 2110-2150 MHz Band. With regard to the 2175-2180 
MHz band, we have concluded that the Emerging Technologies procedures 
established in part 101, as modified for Mobile-Satellite Service for 
the relocation of FMS links would apply to AWS licensees in this band. 
We now seek comment on whether to modify these rules to address issues 
of cost-sharing between new AWS entrants. We seek comment on whether to 
adopt the plan proposed by PCIA, the Wireless Infrastructure 
Association, which calls for applying to AWS licensees the cost sharing 
rules that have governed the relocation of FMS by Personal 
Communications Services (PCS) in the 1910-1930 MHz band, as codified at 
47 CFR 24.239-24.253. PCIA also proposes that we establish a 
clearinghouse to administer the relocation and reimbursement process. 
We seek comment on whether we should adopt this proposal or a 
modification of it, and if so, what entity should be assigned to act as 
clearinghouse, and under what rules. We further seek comment on whether 
the same cost sharing rules should be adopted for the 2110-2150 MHz 
band, which is likewise governed by the part 101 relocation procedures, 
and whether a cost sharing regime should be adopted for that band even 
if one is not adopted in the 2175-2180 MHz band.
    7. 1995-2000 MHz and 2020-2025 MHz bands. We propose that AWS

[[Page 63491]]

licensees conform to the technical criteria specified in TIA Bulletin 
TSB 10-F, or procedures other than TSB 10-F that follow generally 
acceptable good engineering practices pursuant to Sec.  101.105 (c) of 
the Commission's Rules, to determine where AWS operations would cause 
interference to BAS operations, such that their relocation would be 
necessary before AWS operations could commence. We further propose that 
AWS licensees conform to the methodology and criteria in TIA Bulletin 
TSB-86 to compute interference between satellite and fixed services.
    8. We propose that AWS licensees be subject to mandatory 
negotiation periods only, ending on May 31, 2005 for stage-one 
relocations and March 31, 2006 for stage-two relocations. If an AWS 
licensee wishes to begin operation in a BAS market that has not been 
cleared, we propose that it should first coordinate its anticipated 
clearance schedule with affected incumbents and other new entrants. We 
seek comment on whether it is necessary to impose on the AWS licensees 
a timetable to complete BAS relocation. If so, what should the specific 
requirements be? We propose that AWS entrants who do not participate in 
band-tolerance coordination sessions be bound by the decisions of those 
who do. We also note that if Nextel has received credit for BAS 
relocation costs in the 800 MHz true-up, late entering AWS licensees 
will not have any reimbursement obligation to Nextel for such costs.
    9. If we decide to license this spectrum in such a way that 
different licensees may hold licenses for the same frequency block but 
in different geographic areas, we seek comment on how the reimbursement 
rights and obligations of each AWS licensee could be most efficiently 
and equitably allocated, whether on the basis of geographic area or 
population covered by each license, or the value of each license as 
indicated by the winning auction bid, or by some other means.
    10. If all spectrum has not been licensed by the end of the BAS 
transition, we propose to require those entrants who are licensed at 
that time to bear a pro rata share of the relocation costs based on the 
amount of spectrum they have been assigned relative to the amount of 
1990-2025 MHz spectrum that has been licensed. Further, in such event, 
should later arriving new entrants have a reimbursement obligation? If 
so, what mechanism should apply, and how long should such an obligation 
run?
    11. We also seek comment on how the accounting to settle relocation 
expenditures between AWS licensees and MSS licensees should occur, to 
the extent not covered by the issues discussed above, and any other 
issues presented by the complex entry of numerous new licensees in the 
1990-2025 MHz spectrum band.
    12. The NPRM next considers licensing and operating rules. 
Paragraphs 63 through 65 of the NPRM propose to apply the regulatory 
status provisions of Sec.  27.10 to licensees in the 1915-1920 MHz, 
1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands and to allow these 
licensees to provide all allowable services anywhere within their 
licensed area at any time, consistent with their regulatory status. It 
also recommends that these applicants be able to request common carrier 
status as well as non-common carrier status for authorization in a 
single license, rather than to require the applicant to choose between 
common carrier and non-common carrier services. The NPRM further 
proposes that applicants and licensees in these bands be required to 
indicate a regulatory status based on any services they choose to 
provide. Lastly in this regard, the NPRM proposes that, if a licensee 
operating in this spectrum changes the service or services it offers, 
such that its regulatory status would change, that licensee must notify 
the Commission of the change.
    13. The NPRM, in paragraphs 66 through 69, discusses ownership 
restrictions in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 
2175-2180 MHz bands. The NPRM proposes to establish parity in foreign 
ownership reporting requirements, but does not suggest a single, 
substantive standard for compliance. For example, the Commission would 
not deny a license to an applicant requesting authorization exclusively 
to provide services not enumerated in Sec.  310(b) of the 
Communications Act, solely because its foreign ownership would 
disqualify it from receiving a license if the applicant had applied for 
a license to provide the services enumerated in Sec.  310(b).
    14. The NPRM tentatively concludes that the Commission does not 
need to impose a spectrum aggregation limit or eligibility restrictions 
applicable to the initial licensing of the 1915-1920 MHz, 1995-2000 
MHz, 2020-2025 MHz and 2175-2180 MHz bands, but seeks comment on 
whether any such limits are necessary or appropriate. In particular, 
the NPRM solicits comment on whether the Commission should limit the 
amount of spectrum in these bands that any one entity (or related 
entities) may acquire at auction in the same geographic area. In 
addition, in paragraph 69 the Commission tentatively concludes that 
open eligibility in these bands will not pose a significant likelihood 
of substantial harm to competition in any specific markets and that 
therefore an eligibility restriction in these bands is not warranted.
    15. Paragraphs 70 through 72 of the NPRM discusses license term 
renewal expectancy, and proposes that in the 1915-1920 MHz, 1995-2000 
MHz, 2020-2025 MHz and 2175-2180 MHz spectrum, the license term be 10 
years. The NPRM further proposes that the renewal expectancy provisions 
of Sec.  27.14 be applied to these bands such that a licensee in this 
spectrum applying for renewal receive a preference or renewal 
expectancy if the applicant has provided substantial service during its 
past license term and has complied with the Communications Act and 
applicable Commission rules and policies. The Commission also proposes 
that in the event that a license in these bands is partitioned or 
disaggregated, any partitionee or disaggregate would be authorized to 
hold its license of the remainder of the partitioner's or 
disaggregator's original license term and would be eligible for a 
renewal expectancy on the same basis as other licensees.
    16. In addition, the NPRM, in paragraphs 73 through 76, seeks 
comment on whether licensees in the 1915-1920 MHz, 1995-2000 MHz, 2020-
2025 MHz and 2175-2180 MHz bands should be subject to any performance 
requirements, in addition to a substantial service requirement, at 
license renewal. The NPRM, in particular, questions whether the 
Commission should establish any specific coverage requirements in this 
spectrum, or whether coverage criteria should be adopted as one means, 
but not the exclusive means, of meeting a substantial service 
requirement. The NPRM invites comment on this and other issues related 
to possible performance requirements. If a licensee does not comply 
with the performance requirements that are adopted, the Commission 
proposes to apply the procedures set out in Sec.  1.946(c). The 
Commission seeks comment on this proposal.
    17. The NPRM, in paragraphs 77 and 78, asks whether the Commission 
should allow licensees in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 
MHz and 2175-2180 MHz bands to partition their service areas and to 
disaggregate their spectrum. If so, the NPRM proposes to apply Sec.  
27.15 of the Commission's rules to this spectrum. Section 27.15, among 
other things,

[[Page 63492]]

provides that licensees may apply to partition their licensed 
geographic service areas or disaggregate their licensed spectrum at any 
time following the grant of their license.
    18. In paragraph 79 of the NPRM, the Commission proposes that the 
spectrum leasing policies that were adopted in the Secondary Markets 
Report and Order, be applied to this services established in this 
proceeding in the same manner that those policies apply to other part 
27 services and seeks comment on this proposal.
    19. As indicated in paragraphs 14 and 80 of the NPRM, even though 
licenses in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-
2180 MHz bands may be issued pursuant to one part of the Commission's 
rules, licensees in these bands may be required to comply with rules 
contained in other parts of the Commission's rules. The NPRM therefore 
solicits comment generally on any provisions in existing, service-
specific rules that may require specific recognition or adjustment to 
comport with the supervening application of another rule part, as well 
as any provisions that may be necessary in this other rule part to 
fully describe the scope of covered services and technologies.
    20. This Notice seeks comment on the technical parameters to be 
applied to the four spectrum blocks. In particular, the Notice seeks 
comment on the various technical measures (e.g., power limits) that 
will be needed to prevent co-channel and adjacent channel interference 
from occurring to new and existing operations.

Competitive Bidding Procedures

    21. The NPRM proposes to conduct any auction of initial licenses in 
the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands 
in conformity with the general competitive bidding rules set forth in 
part 1, subpart Q, of the Commission's rules, and substantially 
consistent with the competitive bidding procedures that have been 
employed in previous auctions. Thus, the NPRM solicits comment on 
whether any of the Commission's part 1 rules would be inappropriate or 
should be modified for an auction of licenses in these bands.
    22. In the event that the Commission adopts a licensing scheme 
based on non-nationwide geographic licensing areas, the NPRM proposes 
to adopt a small business size standard which defines a small business 
as an entity with average annual gross revenues for the preceding three 
years not exceeding $40 million, and a very small business as an entity 
with average annual gross revenues for the preceding three years not 
exceeding $15 million. In addition, in the event the Commission 
establishes non-nationwide service areas, the NPRM proposes to provide 
small businesses with a bidding credit of 15 percent and very small 
businesses with a bidding credit of 25 percent, as set forth in the 
standardized schedule in part 1 of the Commission's rules. The 
Commission seeks comment on the use of these standards and associated 
bidding credits, with particular focus on the appropriate definitions 
of small and very small businesses as they may relate to the size of 
the geographic area to be served and the spectrum allocated to each 
license.
    23. If, on the other hand, the Commission decides to license the 
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands on 
a nationwide basis, the NPRM tentatively concludes that small business 
bidding credits are not appropriate for these bands due to the very 
high costs associated with implementing a nationwide service. The 
Commission seeks comment on this tentative conclusion.
    24. To the extent commenters support a different approach to 
bidding credits than those discussed in the NPRM, they should support 
their proposals with relevant information on the types of system 
architecture that are likely to be deployed in these bands, the 
availability of equipment, market conditions and other factors that may 
affect the capital requirements of the types of services that may be 
provided.
Procedural Matters

Ex Parte Rules

    25. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed pursuant to the 
Commission's rules.
Comment Period and Procedures
    26. Pursuant to applicable procedures set forth in Sec. Sec.  1.415 
and 1.419 of the Commission's rules, interested parties may file 
comments on this Notice on or before November 23, 2004, and reply 
comments on or before January 7, 2005. Comments and reply comments 
should be filed in WT Docket No. 04-356, and may be filed using the 
Commission's Electronic Comment Filing System (ECFS) or by filing paper 
copies. All relevant and timely comments will be considered by the 
Commission before final action is taken in this proceeding.
    27. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. In 
completing the transmittal screen, commenters should include their full 
name, Postal Service mailing address, and the applicable docket number. 
Parties may also submit an electronic comment by e-mail via the 
Internet. To obtain filing instructions for e-mail comments, commenters 
should send an e-mail to [email protected], and should include the following 
words in the body of the message: ``get form .'' A 
sample form and directions will be sent in reply.
    28. Parties who choose to file by paper must file an original and 
four copies of each filing. Filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail (although we continue to experience 
delays in receiving U.S. Postal Service mail). The Commission's 
contractor, Natek, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal 
Service first-class mail, Express Mail, and Priority Mail should be 
addressed to 445 12th Street, SW., Washington, DC 20554. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
    29. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be attached to the 
original paper filing submitted to the Office of the Secretary. Such a 
submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using Microsoft TM Word 97 for Windows or compatible 
software. The diskette should be accompanied by a cover letter and 
should be submitted in ``read only'' mode. The diskette should be 
clearly labeled with the commenter's name, proceeding, type of pleading 
(comment or reply comment), date of submission, and the name of the 
electronic file on the diskette. The label should also include the 
following phrase ``Disk Copy--Not an Original.'' Each diskette should 
contain only one party's pleadings, preferably in a single electronic 
file. In addition, commenters

[[Page 63493]]

should send diskette copies to the Commission's copy contractor, Best 
Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, 202-863-2893.
    30. The public may view the documents filed in this proceeding 
during regular business hours in the FCC Reference Information Center, 
Federal Communications Commission, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554, and on the Commission's Internet home page: 
http://www.fcc.gov. Copies of comments and reply comments are also 
available through the Commission's duplicating contractor: Best Copy 
and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, (202) 488-5300. Accessible formats (computer diskettes, large 
print, audio recording and Braille) are available to persons with 
disabilities by contacting Brian Millin, of the Consumer & Governmental 
Affairs Bureau, at (202) 418-7426, TTY (202) 418-7365, or at 
[email protected].

Initial Paperwork Reduction Analysis

    31. This document contains proposed new or modified information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due on or before November 23, 2004. Comments should 
address: (i) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (ii) the accuracy of the Commission's burden estimates; (iii) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (iv) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
we seek specific comment on how we might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.''
    OMB Control Number: 3060-1030.
    Title: Service Rules for Advanced Wireless Services in the 1915-
1920 MHz, 1995-2000 MHz, 2175-2180 MHz and 1.7 GHz and 2.1 GHz Bands.
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit, Federal Government, 
State, Local or Tribal Government.
    Estimated Number of Respondents: 1010.
    Estimated Time Per Response: .50-3 hours.
    Frequency of Response: On occasion and other one-time.
    Estimated Total Annual Burden: 6505 hours.
    Estimated Total Annual Costs: $910,750.
    Needs and Uses: The various information reporting and verification 
requirements, and the prospective coordination requirement, if 
ultimately adopted, will be used by the Commission to verify licensee 
compliance with Commission rules and regulations, and to ensure that 
licensees continue to fulfill their statutory responsibilities in 
accordance with the Communications Act of 1934. Such information has 
been used in the past and will continue to be used to minimize 
interference, verify that applicants are legally and technically 
qualified to hold licenses, and to determine compliance with Commission 
Rules.

Regulatory Flexibility Analysis

    32. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities by 
the policies and rules proposed in this Notice of Proposed Rulemaking 
(NPRM). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadline for comments provided in this NPRM. The Commission will send a 
copy of this NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA). In addition, the 
NPRM and IRFA (or summaries thereof) will be published in the Federal 
Register.

Need for, and Objectives of, the Proposed Rules

    33. The NPRM seeks comment on service rules for licensed fixed and 
mobile services, including advanced wireless services (AWS), in the 
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands. 
These service rules include application, licensing, operating and 
technical rules and competitive bidding provisions. As with the 
Commission's recently adopted AWS service rules for the 1710-1755 MHz 
and 2110-2155 MHz bands, the NPRM proposes to allow licensees in the 
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands the 
flexibility to use this spectrum for any licensed fixed or mobile 
service, including advanced wireless services, that is consistent with 
the bands' allocations. In order to promote flexibility, the Notice 
tentatively concludes to license this spectrum under the Commission's 
market-oriented part 27 rules. In addition, the NPRM tentatively 
concludes to license this spectrum using geographic area licensing, as 
opposed to site-by-site licensing, and seeks comment on the appropriate 
size geographic licensing area or areas to utilize.
    34. Concurrently with the adoption of the NPRM, the Commission has 
adopted a Sixth Report and Order, in ET Docket No. 00-258, designating 
the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands 
for licensed fixed and mobile services, including advanced wireless 
services. The Commission's goal is to enable service providers to 
maximize the use of this spectrum with minimal transaction costs. 
Within the limits of the licensed fixed and mobile allocation, the 
marketplace and not the government will determine how this spectrum is 
used. Thus, the NPRM's tentative conclusions allow flexibility for 
licensees to provide third generation (3G) and other advanced wireless 
services in the near term, while fostering innovation and agility so 
they can quickly adapt to changes in technological capabilities and 
marketplace conditions into the future. It is the Commission's belief 
that the licensing and service rules proposed in the NPRM will benefit 
consumers by giving them the services and value that they demand, and 
thereby provide the new business opportunities necessary to support 
continued service enhancements by licensees.
    35. As discussed in paragraphs 121-122 of the NPRM, while the 
Commission does not know precisely what types of services may be 
developed in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-
2180 MHz bands, the Commission anticipates that the services that will 
be deployed in these bands may have capital requirements comparable to 
those in the broadband PCS service and AWS in the 1710-1755 MHz and 
2110-2155 MHz bands. The Commission also anticipates that licensees in 
the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands 
will be presented with issues and costs similar

[[Page 63494]]

to those presented to broadband PCS licensees and licensees in the 
1710-1755 MHz and 2110-2155 MHz bands, including issues and costs 
involved in relocating incumbents, and developing markets, 
technologies, and services. In light of these similarities, the NPRM 
proposes the adoption of the same small business size standards for the 
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands as 
the Commission adopted for broadband PCS and AWS in the 1710-1755 MHz 
and 2110-2155 MHz bands. Accordingly, if the Commission adopts bidding 
credits, the NPRM proposes to define a small business as an entity with 
average annual gross revenues for the preceding three years not 
exceeding $40 million, and a very small business as an entity with 
average annual gross revenues for the preceding three years not 
exceeding $15 million.
    36. The NPRM also proposes to provide small businesses with a 
bidding credit of 15 percent and very small businesses with a bidding 
credit of 25 percent, as set forth in the standardized schedule in part 
1 of the Commission's rules. The NPRM seeks comment on the use of these 
standards and associated bidding credits for applicants to be licensed 
in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz 
bands, with particular focus on the appropriate definitions of small 
and very small businesses as they may relate to the size of the 
geographic area to be covered and the spectrum allocated to each 
license. In discussing these issues, commenters are requested to 
address the expected capital requirements for services in these bands 
and other characteristics of the service. Commenters are also invited 
to use comparisons with other services for which the Commission has 
already established auction procedures as a basis for their comments 
regarding the appropriate small business size standards.

Legal Basis

    37. The proposed action is authorized pursuant to sections 1, 2, 
4(i), 7, 10, 201, 214, 301, 302, 303, 307. 308, 309, 310, 319, 324, 332 
and 333 of the Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 
157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 
333.

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

    38. 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 and policies, 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 
SBA.
    39. Small Businesses. Nationwide, there are a total of 22.4 million 
small businesses, according to SBA data.
    40. Small Organizations. Nationwide, there are approximately 1.6 
million small organizations.
    41. Small Governmental Jurisdictions. The term ``small governmental 
jurisdiction'' is defined as ``governments of cities, towns, townships, 
villages, school districts, or special districts, with a population of 
less than fifty thousand.'' As of 1997, there were approximately 87,453 
governmental jurisdictions in the United States. This number includes 
39,044 county governments, municipalities, and townships, of which 
37,546 (approximately 96.2%) have populations of fewer than 50,000, and 
of which 1,498 have populations of 50,000 or more. Thus, we estimate 
the number of small governmental jurisdictions overall to be 84,098 or 
fewer.
    42. Also, as stated in the NPRM, Sections 310(a) and 310(b) of the 
Communications Act, as modified by the Telecommunications Act of 1996, 
impose foreign ownership and citizenship requirements that restrict the 
issuance of licenses to certain applicants. See Section D, infra.
    43. The Commission has not yet determined how many licenses will be 
awarded in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-
2180 MHz bands. Moreover, the Commission does not yet know how many 
applicants or licensees in these bands will be small entities. Thus, 
the Commission assumes, for purposes of this IRFA, that all prospective 
licensees are small entities as that term is defined by the SBA or by 
our proposed small business definitions for these bands. The Commission 
invites comment on this analysis.
    44. Although the Commission does not know for certain which 
entities are likely to apply for these frequencies, we note that the 
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands are 
comparable to cellular service and personal communications service.
    45. Wireless Service Providers. The SBA has developed a small 
business size standard for wireless firms within the two broad economic 
census categories of ``Paging'' and ``Cellular and Other Wireless 
Telecommunications.'' Under both SBA categories, a wireless business is 
small if it has 1,500 or fewer employees. For the census category of 
Paging, Census Bureau data for 1997 show that there were 1,320 firms in 
this category, total, that operated for the entire year. Of this total, 
1,303 firms had employment of 999 or fewer employees, and an additional 
17 firms had employment of 1,000 employees or more. Thus, under this 
category and associated small business size standard, the great 
majority of firms can be considered small. For the census category 
Cellular and Other Wireless Telecommunications, Census Bureau data for 
1997 show that there were 977 firms in this category, total, that 
operated for the entire year. Of this total, 965 firms had employment 
of 999 or fewer employees, and an additional 12 firms had employment of 
1,000 employees or more. Thus, under this second category and size 
standard, the great majority of firms can, again, be considered small.
    46. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. The SBA has developed a small business size 
standard for ``Cellular and Other Wireless Telecommunications'' 
services. Under that SBA small business size standard, a business is 
small if it has 1,500 or fewer employees. According to the most recent 
Trends in Telephone Service data, 447 carriers reported that they were 
engaged in the provision of wireless telephony. We have estimated that 
245 of these are small under the SBA small business size standard.
    47. Broadband Personal Communications Service. The broadband 
personal communications services (PCS) spectrum is divided into six 
frequency blocks designated A through F, and the Commission has held 
auctions for each block. The Commission has created a small business 
size standard for Blocks C and F as an entity that has average gross 
revenues of less than $40 million in the three previous calendar years. 
For Block F, an additional small business size standard for ``very 
small business'' was added and is defined as an entity that, together 
with its affiliates, has average gross revenues of not more than $15 
million for the preceding three calendar

[[Page 63495]]

years. These small business size standards, in the context of broadband 
PCS auctions, have been approved by the SBA. No small businesses within 
the SBA-approved small business size standards bid successfully for 
licenses in Blocks A and B. There were 90 winning bidders that 
qualified as small entities in the Block C auctions. A total of 93 
``small'' and ``very small'' business bidders won approximately 40 
percent of the 1,479 licenses for Blocks D, E, and F. On March 23, 
1999, the Commission reauctioned 155 C, D, E, and F Block licenses; 
there were 113 small business winning bidders.
    48. On January 26, 2001, the Commission completed the auction of 
422 C and F Broadband PCS licenses in Auction No. 35. Of the 35 winning 
bidders in this auction, 29 qualified as ``small'' or ``very small'' 
businesses. Subsequent events concerning Auction 35, including judicial 
and agency determinations, resulted in a total of 163 C and F Block 
licenses being available for grant.
    49. Cellular Licensees. The SBA has developed a small business size 
standard for wireless firms within the broad economic census category 
``Cellular and Other Wireless Telecommunications.'' Under this SBA 
category, a wireless business is small if it has 1,500 or fewer 
employees. For the census category Cellular and Other Wireless 
Telecommunications firms, Census Bureau data for 1997 show that there 
were 977 firms in this category, total, that operated for the entire 
year. Of this total, 965 firms had employment of 999 or fewer 
employees, and an additional 12 firms had employment of 1,000 employees 
or more. Thus, under this category and size standard, the great 
majority of firms can be considered small. According to the most recent 
Trends in Telephone Service data, 447 carriers reported that they were 
engaged in the provision of cellular service, personal communications 
service, or specialized mobile radio telephony services, which are 
placed together in the data. We have estimated that 245 of these are 
small, under the SBA small business size standard.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    50. The NPRM proposes to apply to the 1915-1920 MHz, 1995-2000 MHz, 
2020-2025 MHz and 2175-2180 MHz bands essentially the same licensing 
and operating provisions as the Commission adopted for advanced 
wireless services in the 1710-1755 MHz and 2110-2155 MHz bands. These 
licensing and operating provisions include reporting, recordkeeping and 
other compliance requirements. The Commission will provide time for 
public comment on and seek Office of Management and Budget approval for 
any proposals that entail Paperwork Reduction Act burdens.
    51. The Commission proposes to permit licensees in the 1915-1920 
MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands the 
flexibility to use this spectrum for any services that are consistent 
with the bands' fixed and mobile allocations. The NPRM, at paragraph 
14, also tentatively concludes to license the bands under the 
Commission's market-orientated part 27 licensing and operating 
provisions. In addition, the Commission tentatively concludes to use a 
geographic area licensing scheme for the 1915-1920 MHz, 1995-2000 MHz, 
2020-2025 MHz and 2175-2180 MHz bands.
    52. Entities interested in acquiring an initial license to use the 
spectrum in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-
2180 MHz bands will be required to file using the Universal Licensing 
System. As in other services, licensees in these bands would be allowed 
to provide all allowable services anywhere within their licensed area. 
The Commission's current mobile service license application requires an 
applicant for mobile services to identify the regulatory status of the 
service(s) they intend to provide, since service offerings may bear on 
eligibility and other statutory and regulatory requirements. The NPRM 
also proposes to permit applicants to request common carrier status as 
well as non-common carrier status for authorization in a single 
license, rather than to require the applicant to choose between common 
carrier and non-common services. These proposed regulatory status 
obligations are discussed in the NPRM.
    53. The Commission seeks comment on whether licensees in the 1915-
1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands should 
be subject to any performance requirements in addition to a substantial 
service requirement at license renewal. The NPRM notes that in some 
services the Commission has imposed minimum coverage requirements on 
licensees to ensure that spectrum is used effectively and service is 
implemented promptly. The NPRM seeks comment on whether the Commission 
should establish any specific coverage requirements in the 1915-1920 
MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands, or whether 
coverage criteria should be adopted as one means, but not the exclusive 
means, of meeting a substantial service requirement. The NPRM also 
seeks comment on whether licensees should be subject to interim 
performance requirements prior to the end of the license term.
    54. The Commission seeks comment on allowing licensees in the 1915-
1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands to 
partition their service areas and to disaggregate their spectrum. If 
the Commission permits partitioning, then the partitioning licensee 
would have to include with its request a description of the partitioned 
service area and a calculation of the population of the partitioned 
service area and the licensed geographic service area.
    55. The NPRM seeks comment on a number of technical issues and 
licensing obligations. The NPRM requests information on how best to 
control in-band and out-of-band interference, appropriate power limits, 
RF safety limits, and Canadian and Mexican coordination.
    56. The Commission requests comment on how all of these 
requirements may be modified to reduce the burden on small entities and 
still meet the objectives of the proceeding.

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

    57. 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 others): (i) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(iii) the use of performance rather than design standards; and (iv) an 
exemption from coverage of the rule, or any part thereof for small 
entities.
    58. Specifically to assist small businesses, the NPRM proposes to 
establish the same small business size standards and associated small 
business bidding credits for the 1915-1920 MHz, 1995-2000 MHz, 2020-
2025 MHz and 2175-2180 MHz bands as the Commission adopted for 
broadband PCS and AWS in the 1710-1755 MHz and 2110-2155 MHz bands in 
the event that licensing is based on non-nationwide geographic areas. 
Thus, the NPRM proposes to define a small business as an entity with 
average annual gross revenues for the preceding three years not 
exceeding $40 million, and a very small business as an entity with 
average annual gross revenues for the preceding three years not 
exceeding $15 million, if

[[Page 63496]]

licenses are not nationwide. The NPRM proposes a bidding credit of 15 
percent for small businesses and a bidding credit of 25 percent for 
very small businesses. The NPRM tentatively concludes that small 
business bidding credits are not appropriate if a nationwide licensing 
scheme is adopted for the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz 
and 2175-2180 MHz bands. The NPRM bases this conclusion on the fact 
that the implementation costs associated with a nationwide license in 
these bands is presumed to be very high, and it is not clear whether 
small businesses could attract the capital necessary to implement and 
provide nationwide service.
    59. The NPRM solicits comment on a number of proposals and 
alternatives regarding the service rules for the 1915-1920 MHz, 1995-
2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands. The NPRM seeks to 
adopt rules that will reduce regulatory burdens, promote innovate 
services and encourage flexible use of this spectrum. It opens up 
economic opportunities to a variety of spectrum users, which could 
include small businesses. The NPRM considers various proposals and 
alternatives partly because the Commission seeks to minimize, to the 
extent possible, the economic impact on small businesses.
    60. The NPRM invites comment on various alternative licensing and 
service rules and on a number of issues relating to how the Commission 
should craft service rules for this spectrum, that could have an impact 
on small entities. For example, the Commission seeks comment on the 
size of spectrum blocks for these frequencies and how the size of 
spectrum blocks would impact small entities. The NPRM proposes a 
geographic area approach to service areas, as opposed to a station-
defined licensing approach, and seeks comment on the appropriate size 
of service areas. Specifically, the NPRM asks for comment on whether 
smaller geographic areas would better serve the needs of small 
entities. As explained the NPRM, the Commission's approach to 
determining optimum geographic area license size(s) attempts to 
accommodate the likely range of applicant desires by balancing 
efficiency with the policy goal of disseminating licenses among a wide 
variety of applicants. The NPRM notes that the Commission wishes to 
foster service to rural areas and tribal lands, and to promote 
investment in and rapid deployment of new technologies and services. 
The NPRM also notes that small license areas may favor smaller entities 
with regional business plans and no interest in providing large-area 
service. In summary, the NPRM seeks comment on the advantages and 
disadvantages to small entities of a large geographic licensing scheme 
over a small one in terms of impact on rural and small entities.
    61. As noted earlier, the NPRM seeks comment on permitting 
geographic partitioning and spectrum disaggregation. The NPRM notes 
that geographic partitioning and spectrum disaggregation is a tool 
utilized by the Commission to promote efficient spectrum use and 
economic opportunity for a wide variety of applicants, including small 
business, rural telephone, minority-owned, and women-owned applicants. 
The NPRM seeks comment on the benefits and costs of partitioning and 
disaggregation, and whether it promotes the public interest. Finally, 
the NPRM seeks comment on whether any band-specific limits on spectrum 
aggregation are necessary or appropriate in this case, and how this 
would impact the marketplace, including small entities.
    62. The regulatory burdens proposed in the NPRM, such as filing 
applications on appropriate forms, appear necessary in order to ensure 
that the public receives the benefits of innovative new services, or 
enhanced existing services, in a prompt and efficient manner. The 
Commission will continue to examine alternatives in the future with the 
objectives of eliminating unnecessary regulations and minimizing any 
significant economic impact on small entities. The Commission invites 
comment on any additional significant alternatives parties believe 
should be considered and on how the approach outlined in the NPRM will 
impact small entities, including small businesses and small government 
entities.

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

    63. None.

Ordering Clauses

    64. Pursuant to sections 1, 2, 4(i), 7, 10, 201, 214, 301, 302, 
303, 307, 308, 309, 310, 319, 324, 332 and 333 of the Communications 
Act of 1934, 47 U.S.C. 151, 152, 154(i), 157, 160, 201, 214, 301, 302, 
303, 307, 308, 309, 310, 319, 324, 332, 333, that this Notice of 
Proposed Rulemaking is adopted.
    65. Additionally, notice is given of the proposed regulatory 
changes described in this Proposed rule, and that comment is sought on 
these proposals.
    66. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 27

    Communications common carriers, Radio.

Federal Communications Commission.
Marlene H. Dortch.
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposed to amend 47 CFR part 27 as follows:

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

    1. The authority citation for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337 unless otherwise noted.

    2. In Sec.  27.1, add paragraphs (b)(9) and (b)(10) to read as 
follows:


Sec.  27.1  Basis and purpose.

* * * * *
    (b) * * *
    (9) 1915-1920 MHz and 1995-2000 MHz.
    (10) 2020-2025 MHz and 2175-2180 MHz.
* * * * *
    3. In Sec.  27.5, revise paragraph (h) to read as follows:


Sec.  27.5  Frequencies.

* * * * *
    (h) 1710-1755 MHz, 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, 
2110-2155 MHz and 2175-2180 MHz bands. The following frequencies are 
available for licensing pursuant to this part in the 1710-1755 MHz, 
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, 2110-2155 MHz and 2175-
2180 MHz bands:
    (1) Two paired channel block of 10 megahertz each are available for 
assignment as follows:
    Block A: 1710-1720 MHz and 2110-2120 MHz; and
    Block B: 1720-1730 MHz and 2120-2130 MHz.
    (2) Four paired channel blocks of 5 megahertz each are available 
for assignment as follows:
    Block C: 1730-1735 MHz and 2130-2135 MHz;
    Block D: 1735-1740 MHz and 2135-2140 MHz;
    Block F: 1915-1920 MHz and 1995-2000 MHz; and
    Block G: 2020-2025 MHz and 2175-2180 MHz.

[[Page 63497]]

    (3) One paired channel block of 15 megahertz each is available for 
assignment as follows:
    Block E: 1740-1755 MHz and 2140-2155 MHz.
    4. In Sec.  27.11, revise paragraph (i) to read as follows:


Sec.  27.11  Initial authorization.

* * * * *
    (i) 1710-1755 MHz, 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, 
2110-2155 MHz and 2175-2180 MHz bands. Initial authorizations for the 
1710-1755 MHz, 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, 2110-2155 
MHz and 2175-2180 MHz bands shall be for 5, 10 or 15 megahertz of 
spectrum in each band in accordance with Sec.  27.5(h).
    (1) Authorizations for Block A, consisting of two paired channels 
of 10 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(1).
    (2) Authorizations for Block B, consisting of two paired channels 
of 10 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(2).
    (3) Authorizations for Block C, consisting of two paired channels 
of 5 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(2).
    (4) Authorizations for Block D, consisting of two paired channels 
of 5 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(3).
    (5) Authorizations for Block E, consisting of two paired channels 
of 15 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h)(2).
    (6) Authorizations for Block F, consisting of two paired channels 
of 5 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h).
    (7) Authorizations for Block G, consisting of two paired channels 
of 5 megahertz each, will be based on those geographic areas specified 
in Sec.  27.6(h).
    5. In Sec.  27.13, add paragraph (h) to read as follows:


Sec.  27.13  License period.

* * * * *
    (h) 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz 
bands. Authorizations for the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 
MHz and 2175-2180 MHz bands will have a term not to exceed ten years 
from the date of initial issuance or renewal.
    6. In Sec.  27.50, redesignate paragraphs (e), (f), (g) and (h) as 
paragraphs (f), (g), (h) and (i), and add new paragraph (e) to read as 
follows:


Sec.  27.50  Power and antenna height limits.

* * * * *
    (e) The following power limits apply to stations transmitting in 
the 1995-2000 MHz, 2020-2025 MHz, and 2175-2180 MHz bands:
    (1) Fixed and base stations transmitting in the 1995-2000 MHz and 
2175-2180 MHz bands are limited to a peak effective isotropic radiated 
power (EIRP) of 1640 watts and a peak output power of 100 watts.
    (2) Fixed, mobile, and portable (hand-held) stations operating in 
the 2020-2025 MHz bands are limited to a peak EIRP of 1 watt.
* * * * *
    7. In Sec.  27.53, redesignate paragraphs (h), (i), (j), (k) and 
(l) as paragraphs (i), (j), (k), (l) and (m), and add new paragraph (h) 
to read as follows:


Sec.  27.53  Emission limits.

* * * * *
    (h) For operations in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 
MHz, and 2175-2180 MHz bands, the power of any emission outside a 
licensee's frequency block shall be attenuated below the transmitter 
power (P) by at least 43 + 10 log10 (P) dB.
    (1) Compliance with these provisions is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 
megahertz or greater. However, in the 1 megahertz bands immediately 
outside and adjacent to the licensee's frequency block, a resolution 
bandwidth of at least one percent of the emission bandwidth of the 
fundamental emission of the transmitter may be employed. The emission 
bandwidth is defined as the width of the signal between two points, one 
below the carrier center frequency and one above the carrier center 
frequency, outside of which all emissions are attenuated at least 26 dB 
below the transmitter power.
    (2) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the licensee's frequency block 
edges, both upper and lower, as the design permits.
    (3) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power.
* * * * *
    8. In Sec.  27.57, revise paragraph (c) to read as follows:


Sec.  27.57  International coordination.

* * * * *
    (c) Operation in the 1710-1755, 1915-1920, 1995-2000, 2020-2025, 
2110-2155 and 2175-2180 MHz bands is subject to international 
agreements with Mexico and Canada.
    9. In part 27, the subpart heading for subpart L is revised to read 
as follows:

Subpart L--1710-1755 MHz, 1915-1920 MHz, 1995-2000 MHz, 2020-2025 
MHz, 2110-2155 MHz and 2175-2180 MHz Bands

    10. Revise Sec.  27.1101 to read as follows:


Sec.  27.1101  1710-1755 MHz, 1915-1920 MHz, 1995-2000 MHz, 2020-2025 
MHz, 2110-2155 MHz and 2175-2180 MHz bands subject to competitive 
bidding.

    Mutually exclusive applications for initial licenses in the 1710-
1755 MHz, 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, 2110-2155 MHz 
and 2175-2180 MHz bands are subject to competitive bidding. The general 
competitive bidding procedures set forth in 47 CFR part 1, Subpart Q 
will apply unless otherwise provided in this subpart.
    15. Sections 27.1112 and 27.1113 are added to read as follows:


Sec.  27.1112  Relocation of fixed microwave service licensees in the 
1915-1920 MHz band.

    (a) Any new entrants granted a license for the 1915-1920 MHz band 
must reimburse UTAM, Inc. a 25-percent share of its total expenses 
incurred in clearing the 1910-1930 MHz band to date. These expenses 
cover the relocation of fixed point-to-point microwave links that the 
Commission ordered UTAM to do in anticipation of the Unlicensed 
Personal Communication Service.
    (b) New licensees will be responsible for the actual costs 
associated with future relocation activities in their licensed 
spectrum.


Sec.  27.1113  Relocation of Broadcast Auxiliary Service, Cable 
Television Relay Service, and Local Television Transmission Service 
licensees in the 1995-2000 MHz and 2020-2025 MHz bands.

    Sections 74.690 and 78.40 of this chapter contain provisions 
governing the relocation of incumbent Broadcast Auxiliary, Cable 
Television Relay and Local Television Transmission Service licensees in 
the 1995-2000 MHz and 2020-2025 MHz bands.
    16. Section 27.1136 is added to read as follows:


Sec.  27.1136  Protection of Fixed Service stations operating in the 
2160-2200 MHz band.

    Prior to initiating operations, AWS licensees authorized in the 
2175-2180 MHz band must coordinate with incumbent co-channel and 
adjacent channel Fixed Service licensees

[[Page 63498]]

operating on spectrum between 2160 MHz and 2200 MHz.

[FR Doc. 04-24433 Filed 11-1-04; 8:45 am]
BILLING CODE 6712-01-P