[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Notices]
[Pages 28696-28697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7433]



[[Page 28696]]

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FEDERAL COMMUNICATIONS COMMISSION

[WTB Docket No. 02-353; FCC 06-50]


Federal Communications Commission and the National 
Telecommunications and Information Administration--Coordination 
Procedures in the 1710-1755 MHz Band

AGENCY: Federal Communications Commission and National 
Telecommunications and Information Administration.

ACTION: Notice.

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SUMMARY: By this joint public notice, the Federal Communications 
Commission (Commission) and the National Telecommunications and 
Information Administration (NTIA) provide information to assist 
coordination in the 1710-1755 MHz band, to facilitate the transition of 
this band from Federal government use to non-Federal use. Specifically, 
we provide guidance to assist the Commission's Advanced Wireless 
Service (AWS) licensees in this band to begin implementing service 
during the transition of Federal operations from the band while 
providing interference protection to incumbent Federal government 
operations until they have been relocated to other frequency bands or 
technologies.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554 and National Telecommunications and Information 
Administration, 1401 Constitution Avenue, Room 4713, Washington, DC 
20230.

FOR FURTHER INFORMATION CONTACT: Peter Corea or Blaise Scinto, Wireless 
Telecommunications Bureau at 202-418-0600; Ronald Repasi of the Office 
of Engineering and Technology, (202) 418-2472 or Edward Drocella, 
Office of Spectrum Management, National Telecommunications and 
Information Administration, (202) 482-2608.

SUPPLEMENTARY INFORMATION:
    1. In 2002, NTIA released a Viability Assessment report which 
concluded that the 1710-1755 MHz band could be reallocated from Federal 
government use to non-Federal use to accommodate AWS.\1\ As a result, 
the Commission conducted a proceeding in which it allocated spectrum 
for AWS in the 1710-1755 MHz, 2110-2150 MHz and 2150-2155 MHz bands.\2\ 
The Commission subsequently adopted service rules for AWS in these 
bands, including application, licensing, operating and technical 
rules.\3\ The 1710-1755 MHz band is currently used for Federal 
government operations for fixed and transportable microwave and 
aviation-related safety communications, and by the Department of 
Defense (DOD) for fixed microwave, tactical radio relay, and 
aeronautical mobile stations.
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    \1\ See NTIA Report, ``An Assessment of the Viability of 
Accommodating Advanced Mobile Wireless (3G) Systems in the 1710-1770 
MHz and 2110-2170 MHz Bands'' (July 22, 2002) (available at http://www.ntia.doc.gov/ntiahome/threeg/va7222002/3Gva072202web.htm).
    \2\ 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).
    \3\ See Service Rules for Advanced Wireless Services in the 1.7 
GHz and 2.1 GHz Bands, Report and Order, WT Docket No. 02-353, 18 
FCC Rcd 25162 (2003); modified by Service Rules for Advanced 
Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT Docket No. 
02-353, Order on Reconsideration, 20 FCC Rcd 14058 (2005) (codified 
at 47 CFR Part 27, subpart L) (AWS Service Rules R&O).
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    2. On December 23, 2004, the President signed into law Pub. L. No. 
108-494, the Commercial Spectrum Enhancement Act (CSEA).\4\ The CSEA 
provides a funding mechanism to relocate incumbent Federal government 
operations in certain bands, including the 1710-1755 MHz band.\5\ The 
CSEA requires NTIA to provide to the Commission relocation cost and 
timeline estimates ``by the geographic location of the Federal 
entities' facilities or systems and the frequency bands used by such 
facilities or systems * * * [t]o the extent practicable and consistent 
with national security considerations * * *.'' \6\ On December 27, 
2005, NTIA provided the Commission with the following information \7\ 
for each Federal station in the 1710-1755 MHz band:
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    \4\ Pub. L. No. 108-494, 118 Stat. 3896, 3992 (2004).
    \5\ Title II of Pub. L. No. 108-494, 118 Stat. 3986, 3991 (2004) 
(codified at 47 U.S.C. 928).
    \6\ 118 Stat. at 3992-93 (codified at 47 U.S.C. 923(g)(4)(A), 
(C)).
    \7\ The most current version of this information can be found at 
the NTIA Web site at http://www.ntia.doc.gov/osmhome/reports/specrelo/index.htm.
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     Serial Number;
     Longitude/Latitude of Transmitter and Receiver sites;
     Frequency Center Channel;
     Bureau Code (Agency Identifier);
     Service Type (e.g., fixed microwave, aeronautical);
     Relocation Timeline;
     Cost Estimate;
     Agency Point of Contact.
    3. The CSEA permits the Commission to grant commercial licenses in 
these bands prior to relocation of Federal government operations and 
the termination of a Federal entity's authorization.\8\ However, the 
CSEA requires the Commission to condition such licenses by requiring 
that commercial licensees ``cannot cause harmful interference to such 
Federal entity until such entity's authorization has been terminated by 
[NTIA].'' \9\ Harmful radiofrequency interference could cause systems 
or networks to experience catastrophic outages affecting critical 
missions, such as the operation of electric grids. Moreover, 
catastrophic outages can result in loss of life, property, and power at 
the local, state, interstate and international levels. In order to 
effectuate the CSEA's prohibition against harmful interference against 
Federal incumbent operations, the Commission will condition AWS 
licenses on licensees coordinating frequency usage with known co-
channel and adjacent channel incumbent Federal users operating in the 
1710-1755 MHz band. The condition will apply prior to licensees 
initiating operations from base or fixed stations where such operations 
may impact incumbent Federal users.
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    \8\ 118 Stat. 3994 (codified at 47 U.S.C. 309(j)(15)(c)).
    \9\ Id.; see also 47 CFR 27.1134 (Protection of Federal 
Government Operations).
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    4. Operational sharing of spectrum by Federal government and non-
Federal stations is subject to the interference regulations prescribed 
by the Commission.\10\ The AWS Service Rules R&O prescribed in-band 
protection for Federal government DOD stations at 16 protected sites 
based on use of coordination zones around those sites.\11\ The 
Commission prescribed in-band protection for other Federal government 
stations pending their relocation, based on the same technical standard 
(TIA Telecommunications Systems Bulletin 10-F) that has been used for 
clearance of microwave service from the Broadband Personal 
Communications Service (PCS) and other bands.\12\
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    \10\ 47 U.S.C. 923(b)(2)(C).
    \11\ 47 CFR 27.1134(a).
    \12\ 47 CFR 27.1134(b). Protection of non-DoD operations in the 
1710-1755 MHz and 1755-1761 MHz bands. Until such time as non-DoD 
systems operating in the 1710-1755 MHz and 1755-1761 MHz bands are 
relocated to other spectrum, AWS licensees shall protect such 
systems by satisfying the appropriate provisions of TIA 
Telecommunications Systems Bulletin 10-F, ``Interference Criteria 
for Microwave Systems,'' May, 1994 (TIA 10-F).
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    5. Operational sharing of spectrum by Federal government and non-
Federal stations is also subject to coordination procedures that the 
Commission and NTIA jointly establish and implement to ensure against 
harmful interference.\13\ In

[[Page 28697]]

this regard, the Commission, in consultation with NTIA, will require 
all AWS licensees to coordinate AWS use of the 1710-1755 MHz band 
during the transition so that licensees can deploy their systems in a 
timely and efficient manner without causing harmful interference to 
existing Federal operations during the transition. Coordination will 
assist new licensees in determining when new systems can be deployed 
without causing harmful interference to Federal incumbents. At the same 
time, coordination will provide Federal incumbents with some assurance 
that critical operations will not be interrupted due to harmful 
interference.
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    \13\ 47 U.S.C. 923(b)(2)(C).
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    6. The Commission's part 24 and part 101 rules contain coordination 
rules applicable to shared use of the PCS band which may provide 
guidance regarding similar procedures that could be used in the AWS 
band. These rules require licensees to coordinate their frequency usage 
with the co-channel or adjacent channel incumbent fixed microwave 
licensees before initiating operations.\14\ In engineering a system or 
modification thereto, the applicant must, by appropriate studies and 
analyses, select sites, transmitters, antennas and frequencies that 
will avoid interference in excess of permissible levels to other users. 
All applicants and licensees must cooperate fully and make reasonable 
efforts to resolve technical problems and conflicts that may inhibit 
the most effective and efficient use of the radio spectrum; however, 
the party being coordinated with is not obligated to suggest changes or 
re-engineer a proposal in cases involving conflicts.
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    \14\ See, e.g., 47 CFR 24.237 and 101.103.
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    7. To help AWS licensees satisfy the coordination condition that we 
intend to place on their licenses, the Commission provides the 
following pre-operational procedures. Adherence to these procedures 
would constitute a reasonable effort on the part of AWS licensees to 
comply with the license condition that they coordinate frequency usage 
with incumbent Federal users.
     The AWS licensee, or a third-party coordinator on its 
behalf, contacts the appropriate Federal agency to get information 
necessary to perform an interference analysis.\15\ The AWS licensee 
enters into Non-Disclosure Agreements, as appropriate, with the subject 
Federal agency.
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    \15\ This includes federal agencies that are authorized to 
operate transportable microwave equipment throughout the country on 
frequencies with which the AWS licensee might potentially interfere, 
as well as federal agencies with classified operations. Classified 
information will be handled in accordance with Executive Order 
13292.
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     If a Federal agency does not provide the necessary 
information within 30 days of a request, AWS licensees may contact NTIA 
for assistance.
     Using TIA Bulletin 10F, or an alternative method agreed to 
by the parties in cases in which TIA 10F does not apply, AWS licensees 
make the interference analysis necessary for determining whether new 
AWS operations would potentially interfere with nearby incumbent 
operations.
     The AWS licensee or a third-party coordinator sends the 
interference analysis to the appropriate designated agency contact for 
review.
     The Federal agency will have 60 days from acknowledgement 
of receipt of the interference analysis, to review the interference 
analysis. At the end of 60 days, if the Federal agency does not raise 
an objection, the AWS licensee may commence operations.
     If an agency notifies a licensee that it is experiencing 
interference, the AWS licensee turns off the offending station 
immediately and makes any necessary changes to eliminate interference.
    8. In addition, to facilitate coordination, NTIA will require 
Federal agencies to adhere to the following procedures:
     Agencies cooperate with licensees when contacted by 
providing, within 30 days of a request, site specific technical 
information necessary to complete the interference analysis.
     If an agency disapproves of an interference analysis 
submitted by an AWS licensee, the agency will provide the licensee with 
a detailed rationale for its disapproval.
     Should harmful interference occur, agencies will work in 
good faith to identify the source of the harmful interference and work 
with AWS licensees to eliminate or mitigate the interference.
    9. To further facilitate the coordination process, NTIA has 
published a list of agency contacts on its Web site at http://www.ntia.doc.gov/osmhome/reports/specrelo/pdf/1710-1755MHz_points_of_contact.pdf to enable licensees and Federal agencies operating in 
their license area to coordinate more closely. NTIA has also published 
information on the Federal government operations in the 1710-1755 MHz 
band at http://www.ntia.doc.gov/osmhome/reports/specrelo/index.htm and 
will periodically update this information as well as provide the 
relocation status of the stations used for Federal government 
operations throughout the transition.
    10. The Commission and NTIA anticipate that following the above-
outlined procedures will enable most AWS stations to be successfully 
coordinated and to start operations without causing interference to 
Federal operations during the transitional period. However, during the 
coordination process, AWS licensees unable to reach agreement on the 
mitigation of interference may seek redress from the Commission. For 
Federal agencies, in the event that the potential for harmful 
interference cannot be resolved satisfactorily, the matter may be 
referred to the NTIA, for assistance.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

National Telecommunications and Information Administration.
Kathy D. Smith,
Chief Counsel, National Telecommunications and Information 
Administration.
[FR Doc. E6-7433 Filed 5-16-06; 8:45 am]
BILLING CODE 6712-01-P