[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Notices]
[Pages 74011-74014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23981]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-3126]


Licensees of Broadband Radio Service Channels 1 and/or 2/2A; Must 
File Site and Technical Data by December 27, 2005

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: By this document, the Office of Engineering and Technology 
(OET) and the Wireless Telecommunications Bureau (WTB) set forth the 
specific data that Broadband Radio Service (BRS) \1\ licensees in the 
2150-2160/62 MHz band must file along with the deadline date and 
procedures for filing this data on the Commission's Universal Licensing 
System (ULS). The data will assist in determining future AWS licensees' 
relocation obligations.
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    \1\ The Multipoint Distribution Service (MDS) was renamed the 
Broadband Radio Service (BRS) in 2004. See Amendment of Parts 1, 21, 
73, 74 and 101 of the Commission's Rules to Facilitate the Provision 
of Fixed and Mobile Broadband Access, Educational and Other Advanced 
Services in the 2150-2162 MHz and 2500-2690 MHz Bands, WT Docket No. 
03-66, Report and Order and Further Notice of Proposed Rulemaking, 
19 FCC Rcd 14165 (2004) (``BRS/EBS R&O and FNPRM''), recon. pending. 
Therefore, all former MDS licensees are now referred to as BRS 
licensees.

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DATES: Filing deadline is December 27, 2005.

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

FOR FURTHER INFORMATION CONTACT: Mary Shultz, WTB, at (717) 338-2656 
(for questions about the data collection) or Priya Shrinivasan, OET, at 
(202) 418-7005 (for questions about the underlying Commission Order). 
For additional ULS information or assistance, go to http://esupport.fcc.gov. You may also call the FCC Support Center at (877) 
480-3201 (TTY 202-414-1255) and select Option 2, Forms or 
Licensing Assistance.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, released November 30, 2005. The full text of this Public Notice 
is available for inspection and copying during normal business hours in 
the FCC Reference Center, Room CY-A-257, 445 12th Street, SW., 
Washington, DC 20554. The complete text may also be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc. 
(BCP), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC. 
The complete item is also available on the Commission's Web site at 
http://www.fcc.gov/wtb.
    Background. The 2150-2160/62 MHz band is allocated for fixed and 
mobile services and designated for Advanced Wireless Services (AWS).\2\ 
In the BRS/EBS R&O and FNPRM, the Commission designated spectrum in the 
new 2.5 GHz BRS band plan for BRS Channels No. 1 and No. 2--2496-2502 
MHz for BRS Channel No. 1 and 2618-2624 MHz for BRS Channel No. 2.\3\ 
The Commission also stated that the Transition Plan must include plans 
for relocating the BRS incumbents from spectrum that has been 
redesignated for BRS Channel No. 1 and BRS Channel No. 2.\4\ Future AWS 
licensees will be obligated to relocate incumbent BRS operations in the 
2150-2160/62 MHz band to comparable facilities, most likely within the 
newly restructured 2495-2690 MHz band. (The Commission is currently 
seeking comment on the details of this relocation process in ET Docket 
No. 00-258.\5\)
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    \2\ See Amendment of Part 2 of the Commission's Rules to 
Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to 
Support the Introduction of New Advanced Wireless Services, 
Including Third Generation Wireless Systems, ET Docket No. 00-258, 
Second Report and Order, 17 FCC Rcd 23193 (2002), Eighth Report and 
Order and Fifth Notice of Proposed Rulemaking and Order, FCC 05-172 
(rel. Sept. 29, 2005) (AWS Allocation Eighth Report and Order, Fifth 
NPRM, and Order. See also Service Rules for Advanced Wireless 
Services in the 1.7 GHz and 2.1 GHz Bands, WT Docket No. 02-353, 
Report and Order, 18 FCC Rcd 25162 (2003) (recon. pending), modified 
by Order on Reconsideration, 20 FCC Rcd 14058 (2005).
    \3\ BRS/EBS R&O and FNPRM, 19 FCC Rcd 14165, 14184 paragraph 38.
    \4\ Id. at 14203 paragraph 88. Except in this background 
paragraph, references to Channels 1 and/or 2/2A in this Public 
Notice refer to channel numbers under the pre-transition frequency 
assignments. See 47 CFR 27.5(i)(1).
    \5\ AWS Allocation Eighth Report and Order, Fifth NPRM, and 
Order, paragraph 13. Comments in response to the Fifth NPRM were due 
on or before November 25, 2005, and reply comments must be filed on 
or before December 12, 2005. See 70 Fed. Reg. 61752 (Oct. 26, 2005).
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    Commission Order. Recently, the Commission concluded that reliable, 
public data on each incumbent BRS system that will be subject to 
relocation is essential well in advance of the planned auction of the 
2150-2155 MHz band next year.\6\ The Commission also

[[Page 74012]]

concluded that, because the BRS service is currently licensed on the 
basis of geographic licensing areas, neither the Commission nor the 
public has reliable, up-to-date information on the construction status 
and/or operational parameters of each BRS system in the 2150-2160/62 
MHz band that will be subject to relocation.\7\ Accordingly, the 
Commission ordered BRS licensees to submit information on:
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    \6\ AWS Allocation Eighth Report and Order, Fifth NPRM, and 
Order, paragraph 53 (citing 47 U.S.C. 154(i)). On December 29, 2004, 
the Commission formally notified the National Telecommunications and 
Information Administration (NTIA) of the U.S. Department of Commerce 
that the Commission intends to auction licenses for AWS in the 1710-
1755 MHz and 2110-2155 MHz bands as early as June 2006. See FCC to 
Commence Spectrum Auction that will Provide American Consumers New 
Wireless Broadband Services, News Release, (rel. Dec. 29, 2004).
    \7\ AWS Allocation Eighth Report and Order, Fifth NPRM, and 
Order, paragraph 53. See also 70 Fed. Reg. 61747 (Oct. 26, 2005).

the locations and operating characteristics of BRS systems (e.g., 
the location of base or fixed stations by coordinates, tower 
heights, power levels, etc.) in the 2150-2160/62 MHz band, on other 
system characteristics of BRS incumbents (e.g., subscriber numbers 
and types of equipment used), and on categories of services provided 
(e.g., one-way or two-way service, point-to-point or point-to-
multipoint operations, data or analog video service). We also will 
require BRS licensees to provide this information even if the 
spectrum is leased to third parties. Further, * * * we will require 
that BRS licensees, as part of the information on system design in 
the band, provide the number of links (including the connection 
between a base station and subscriber premises equipment) within the 
system for both point-to-point and point-to-multipoint systems. To 
the extent that a system uses both BRS channels 1 and 2 as part of 
the same service (e.g., as a link to a two-way data service), we 
will require that BRS licensees make special note of this when 
providing their system information.\8\
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    \8\ AWS Allocation Eighth Report and Order, Fifth NPRM, and 
Order, paragraph 53 (notes omitted). The Commission also noted that 
the information submitted need not be signed under oath; however, 
willful false statements made therein are punishable by fine and 
imprisonment, and by appropriate administrative sanctions, including 
revocation of a station's license. See id. at n.139 (citing 47 CFR 
1.917(c)).

    The Commission noted that the list above was not inclusive and that 
the information required would ultimately be necessary in the context 
of relocation negotiations. To assist in determining the scope of the 
new AWS entrants' relocation obligations, the Commission ordered BRS 
licensees in the 2150-2160/62 MHz band to provide the required data 
within 60 days and 120 days of the effective date of its Order.\9\ The 
Commission directed and authorized OET and WTB to issue public notices 
with the specific data that BRS licensees in the 2150-2162 MHz band 
must file along with the deadline dates and procedures for filing this 
data electronically on the Commission's Universal Licensing System 
(ULS), where it will be available to the public.
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    \9\ Id.
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    The Commission also noted that the 60-day and 120-day filing dates 
will correspond to information collection requirements for the ULS.\10\ 
Accordingly, the collection of information has two parts: (1) The 
collection of data on FCC Form 601 (Main Form and Schedules D & E) and 
(2) the collection of supplemental data not currently collected on the 
FCC Form 601 for this service. The first data collection, on FCC Form 
601, must be filed on or before December 27, 2005. A second information 
collection is proposed and is pending approval from the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(see section III below). Hence, there is currently no deadline for 
filing the data covered by the proposed information collection request 
awaiting OMB approval. If OMB approves the second information 
collection, the FCC will release a separate public notice that 
announces the deadline for filing the second data collection. The 
instant Public Notice nonetheless describes the second information 
collection so licensees are aware of it as they gather information for 
the first data collection.
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    \10\ Id.
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    BRS Channel 1 and/or 2/2A licensees are advised that:
     Any data or certifications previously filed regarding the 
construction status and/or operational parameters of a BRS system in 
the 2150-2160/62 MHz band is considered out-of-date and is therefore 
deemed unreliable.
     If a licensee has no constructed and operational 
facilities, then no filing is required.
     Failure to timely file data regarding the construction 
status and/or operational parameters of a BRS system (to assist in 
determining future AWS licensees' relocation obligations) risks 
prejudicing any right to seek relocation or reimbursement for such 
constructed and operational facilities.

I. First Data Collection (Mandatory on or Before December 27, 2005)

A. Report Construction and Operational Status of System(s) by Filing 
License-Modification Application(s) on ULS

    Licensees operating on channels within the 2150-2160/62 MHz bands 
are required to submit their information electronically by filing an 
application on the Universal Licensing System (ULS) to modify their BRS 
license(s). These applications will be treated as minor modifications 
that do not require payment of a fee if the requested information is 
submitted without making additional changes to the license.\11\
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    \11\ Licensees may make minor modifications to station 
authorizations, as defined in Section 1.929 of this part (other than 
pro forma transfers and assignments), as a matter of right without 
prior Commission approval. Where other rule parts permit licensees 
to make permissive changes to technical parameters without notifying 
the Commission (e.g., adding, modifying, or deleting internal 
sites), no notification is required. For all other types of minor 
modifications (e.g., name, address, point of contact changes), 
licensees must notify the Commission by filing FCC Form 601 within 
thirty (30) days of implementing any such changes. See 47 CFR 1.947 
(Modification of licenses).
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    Facilities that require individual licenses. Licensees are 
cautioned that adding a facility that requires an individual license or 
changing the technical parameters of a facility that is already 
individually licensed \12\ may cause the filing to be treated as a 
major modification and require payment of a fee.
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    \12\ See 47 CFR 27.1207(b), 47 CFR 27.1209(b).
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    Licensees should take the following steps to initiate the 
electronic filing of a modification application on ULS:
    (1) Access the ULS homepage at http://wireless.fcc.gov/uls and 
click on Online Filing.
    (2) Enter the FRN and CORES password of the licensee and click 
Submit.
    (3) If the licensee has saved applications, it will be taken to a 
page titled ``My Applications.'' From this page it should click on My 
Licenses. If the licensee does not have any saved applications, it will 
go directly to ``My Licenses,'' a page listing the licensee's call 
signs.
    (4) Select the call sign of the license to be modified.
    (5) Select Update from the right side of the ``License At a 
Glance'' screen.
    (6) Select Modify License.
    At this point, the licensee begins entering information onto the 
application. ULS will take the licensee through a series of screens 
that collect FCC Form 601 information.
    On ULS, you must select the newly created Attachment Type: ``BRS 
Channel 1, 2, 2A Notification'' and file such an attachment.
    To ensure that ULS correctly identifies and processes your 
application(s)--filed to provide the information detailed in the 
instant Public Notice--you must:
     On the Application Information screen, select ``Yes'' in 
response to the

[[Page 74013]]

question ``Is an attachment being filed with this application?''
     Upload an attachment at any time during the filing process 
following these steps:
     Click on the Attachment link, which is listed at the top 
of every online filing page.
     Select the newly created Attachment Type called ``BRS 
Channel 1, 2, 2A Notification''--and upload an attachment of this 
type.\13\
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    \13\ The attachment may consist of the supplemental data 
collection outlined in Section II, or if the supplemental 
information is not being filed, a simple statement that the 
application is filed in response to the instant Public Notice.
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     Be sure to select Attachment Type ``BRS Channel 1, 2, 2A 
Notification'' when attaching the file. Failure to include this 
attachment may result in the automated rejection of the application or 
a charge of an application fee.

B. Form 601 Data

    When entering information into the online filing system, licensees 
will find that certain fields and questions collected on the FCC Form 
601 Main Form, Schedule D, and Schedule E must be completed or ULS 
edits will not allow the licensee to continue to the next screen. ULS 
will display a message if a required field is left blank and licensees 
will be given the opportunity to go back to the screen and complete the 
required fields. When a modification is filed, license information is 
carried over to the application so it does not have to be reentered, 
but licensees will have to enter required information that is missing 
from the license or specific to the application.
    Main Form. Initially, the licensee will enter information that is 
found on the FCC Form 601 Main Form. The information consists of 
applicant and contact information; general information; application 
information; alien ownership and basic qualification questions; and 
questions specific to the Broadband Radio Service. Specifically, Item 
55 asks whether the applicant complies with several technical rules 
including section 27.55, which provides that the predicted or measured 
median field strength at any location on the geographical border of a 
licensee's service area shall not exceed the value specified in the 
rules unless the adjacent affected service area licensee(s) agree(s) to 
a different field strength.\14\
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    \14\ See FCC Form 601 Item 55 citing 47 CFR 27.50 (Power and 
antenna height limits), 47 CFR 27.55 (Signal strength limits), 47 
CFR 27.1221 (Interference protection). See also 47 CFR 27.55(a)(4).
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    Schedules D & E. Once the FCC Form 601 Main Form information is 
completed, the licensee will begin entering information that is 
requested on FCC Form 601 Schedules D and E. The first two screens 
request information on Major Economic Area and geographic band plan. 
Licensees should click Continue to go through these screens without 
making any changes. These screens will be followed by a screen titled 
``Site Specific Technical Data Summary.'' From this screen the licensee 
has the option to either add technical information for a new station or 
modify the technical information for any existing stations that were 
already listed under your geographic license.
    Licensees must provide technical data for their own stations as 
well as for any constructed and operational stations of their lessees.
1. Add Stations to Your License
    To add a station(s) that is constructed and operational in the 
2150-2160/62 band under authority of your geographic area-wide BRS 
license, follow these steps:
    a. Select Add Location from the ``Site Specific Technical Data 
Summary'' screen.
    b. Enter applicable information concerning the need for 
international coordination, National Environmental Policy Act (NEPA) 
and quiet zone and click Continue.
    c. If the above issues do not apply to the location, ULS will 
generate a message indicating that site data is not required. The 
licensee should click OK to continue filing site data.
    d. Select the type of location, Fixed or Mobile.
    Fixed should be selected if the 2150-2160/62 MHz band channel is 
being transmitted from a fixed or base station (downstream).
    Mobile should be selected if the 2150-2160/62 band channel is being 
transmitted from a subscriber, mobile, or portable station (upstream).

    (Note: You do not have to provide the transmitter coordinates 
for any subscriber/customer premises equipment. Report upstream 
subscriber/customer premises equipment under Mobile.)

    e. If Mobile is selected, the licensee should select the Area of 
Operation Code of P (KMRA around a centerpoint).
    f. Click Continue.
    To add a Fixed Location, follow these steps:
    Enter information on location, structure height and Antenna 
Structure Registration.
    (1) Click Add Antenna.
    (2) Enter antenna's make, model, center height, azimuth, beamwidth, 
polarization, gain and tilt. If an omnidirectional antenna is used, the 
licensee should enter 360 for the azimuth and beamwidth.
    (3) Click Add Frequency.
    (4) Enter information on frequency and power. The frequency should 
fall within the 2150-2160/62 MHz band.
    (5) Click Continue.
    (6) Enter emission designator information.
    (7) Click Continue to go to the ``Emission Designator Summary'' 
screen.
    (8) Click Continue to go back to the ``Site Specific Technical Data 
Summary'' screen.
    To add a Mobile Station, follow these steps:
    (1) Enter the coordinates and location information for the station 
receiving the mobile/portable transmissions, e.g., a response station 
hub.
    (2) Enter `0' as the radius.
    (3) Select Add Frequency.
    (4) Enter frequency and power information for the mobile/portable 
transmitters. The frequency should fall within the 2150-2160/62 MHz 
band.
    (5) Select Continue.
    (6) Enter emission designator information.
    (7) Click Continue to go to the ``Emission Designator Summary'' 
screen.
    (8) Click Continue to go to the ``Site Specific Technical Data 
Summary'' screen.
2. Ensure That Any Stations That Were Already Listed on Your License 
Are Accurate
    If an operational station in the 2150-2160/62 MHz band already 
exists on your license, you must also verify the accuracy of this 
information before filing the application. Licensees will follow the 
steps listed above to initiate the application and enter FCC Form 601 
information until they get to the ``Site Specific Technical Data 
Summary'' screen. If the information for the location is complete and 
accurate in ULS, there is no need to enter information on the 
individual stations. The licensee may click Continue and proceed with 
submittal of the application as explained in Part I, section 3, below. 
If the information for the station is missing or incorrect, the 
licensee must update the information before submitting the application.
    The licensee may click on the location, antenna or frequency from 
the ``Site Specific Technical Summary'' screen to update the 
information. Once the information on the individual location, antenna 
or frequency screens is updated, the licensee may click

[[Page 74014]]

Continue to return to the summary screen. Entering the location, 
antenna or frequency data may trigger ULS edits that require entry of 
certain fields and/or Antenna Structure Registration information. In 
addition, changing information to a station that requires Quiet Zone, 
NEPA or international coordination may cause the application to be 
treated as a major modification and require a fee.
3. Summary Screen; Error Messages; Certify and Submit the Application
    When all information for the individual locations is entered, click 
Continue to proceed to the ``Summary'' screen. If the system detects 
any errors, a message will be displayed that directs the licensee to go 
back to the relevant section of the application and correct the errors. 
When all errors are corrected, click Continue to Certify. The licensee 
must sign application and click Submit Application to complete filing. 
Upon successful submittal, the licensee will receive a confirmation 
screen listing the application file number.

II. Second, Supplemental Data Collection (Optional Pending OMB 
Approval--See Section III Below)

    In order to determine the extent and scope of operations in the 
2150-2160/62 MHz band, additional information beyond that collected on 
the FCC Form 601 for these services is required. Licensees will be 
required to submit this information electronically by filing an 
application on the Universal Licensing System (ULS) to modify their BRS 
license(s). Because this information is not normally collected on ULS, 
licensees will need to submit the information as an attachment to the 
application. Licensees must enter the required FCC Form 601 Main Form 
information even if they are submitting only the attachment with no 
other changes.
    On ULS, you must select the newly created Attachment Type: ``BRS 
Channel 1, 2, 2A Notification'' and file the attachment described 
below--(see pages 3-4 for ULS-filing instructions)
    The following information must be included on the attachment for 
each operational station in the 2150-2160/62 MHz band.
    (1) The ULS location number of the station transmitting on 
frequencies in the 2150-2160/62 MHz band. The location number can be 
found on the ``Site Specific Technical Summary'' screen.
    (2) Category of service (e.g., one-way or two-way; fixed point-to-
point, fixed point-to-multipoint, base-to-mobile).
    (3) For each station reported under the first data collection, the 
following receiver information.
    (a) For a fixed point-to-point transmitter: the receiver 
coordinates, elevation and the receive antenna's make, model, 
beamwidth, gain, azimuth, and height to center above ground level.

    (Note: You do not have to provide the receiver coordinates for 
any subscriber/customer premises equipment.)

    (b) For a mobile or portable transmitter: the receiver elevation, 
covered service area, and the receive antenna's make, model, beamwidth, 
gain, and height to center above ground.
    (c) For a fixed point-to-multipoint or base-to-mobile transmitter: 
the approximate coverage area and type of receiving equipment. If 
separate receive antennas are used, include the receive antenna's make, 
model, beamwidth and gain.
    (4) Operational status of the station, including whether the 
station is providing service to customers or students.
    (5) Type of equipment use by subscribers associated with this 
station (e.g. handheld device, fixed customer premises equipment).
    (6) Number of subscribers associated with the station as of 
November 1, 2005.
    (7) The type of application being provided (e.g., video, broadband 
data, backhaul).
    (8) For fixed point-to-multipoint systems: the number of links 
associated with the station.
     Licensees should also note in their attachment if both BRS 
Channels 1 and 2 are used as part of the same service (e.g., as a link 
to a two-way data service).

III. Important Information Concerning Your Rights Under the Paperwork 
Reduction Act of 1995

    This Public Notice discusses two data collections: the first is 
mandatory and you must file the required data on or before December 27, 
2005. The second is optional unless and until approved by the Office of 
Management and Budget under the Paperwork Reduction Act of 1995. This 
Public Notice describes the supplemental data collection so licensees 
have the option to gather the supplemental data along with the required 
data to minimize the need to review similar records again if filing the 
supplemental data becomes mandatory in the future.
     You are not required to respond to a collection of 
information sponsored by the Federal government, and the government may 
not conduct or sponsor this collection unless it displays a currently 
valid OMB control number with this notice.
    [cir] The first data collection detailed in this Public Notice has 
been assigned OMB control number 3060-0798, the filing deadline is 
December 27, 2005.
    [cir] Currently, no OMB control number is assigned to the 
supplemental data collection so you are not required to respond and 
there is no filing deadline.
     The Commission has or will soon request OMB approval for 
the supplemental data collection described in this Public Notice.
     If OMB approves the supplemental collection, we will issue 
another public notice announcing the OMB control number and the 
deadline for filing the supplemental data.

Federal Communications Commission.
Lauren M. Van Wazer,
Special Counsel.
Catherine W. Seidel,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. 05-23981 Filed 12-13-05; 8:45 am]
BILLING CODE 6712-01-P