[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55673-55678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19342]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 101

[WT Docket No. 07-54; RM-11043; FCC 07-163]


Amendment of the Commission's Rules To Modify Antenna 
Requirements for the 10.7-11.7 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its rules to allow the 
use of smaller antennas by Fixed Service licensees in the 10.7-11.7 GHz 
band. The Commission also adopts rules to ensure that the use of 
smaller antennas does not harm other users in the band. This action 
will facilitate a range of fixed microwave applications--including 
those that support next generation mobile services--that are not 
accommodated under the existing rules for the band.

DATES: Effective Date: October 31, 2007.

FOR FURTHER INFORMATION CONTACT: Brian Wondrack, Broadband Division, 
Wireless Telecommunications Bureau at (202) 418-0653 or via the 
Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, WT Docket No. 07-54, RM-11043, adopted September 7, 2007 and 
released September 10, 2007. The full text of this document is 
available on the Commission's Internet site at http://www.fcc.gov. It 
is also available for inspection and copying during regular business 
hours in the FCC Reference Center (Room CY-A257), 445 12th Street, SW., 
Washington, DC 20554. The full text of this document also may be 
purchased from the Commission's duplication contractor, Best Copy and 
Printing Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554; telephone (202) 488-5300; fax (202) 488-5563; e-
mail [email protected]. Alternate formats are available to persons with 
disabilities by e-mail @ [email protected] or by calling (202) 418-0530 or 
TTY (202) 418-0432.

I. Summary of the Report and Order (WT Docket No. 07-54)

    1. In this Report and Order, in WT Docket No. 07-54, the Commission 
adopted amendments to 47 CFR 101.115 to permit the installation of 
smaller antennas by Fixed Service (FS) operators in the 10.7-11.7 GHz 
(11 GHz) band. The Commission also amended 47 CFR 101.115 to require 
any FS licensee that deploys a smaller antenna that does not comply 
with Category A standard in the 11 GHz band to ensure that the 
introduction of such an antenna into the 11 GHz band does not cause any 
more interference to other licensees and applicants in the band than an 
antenna meeting the Category A standard. The Commission found that 
these modifications serve the public interest by facilitating the 
efficient use of the 11 GHz band while protecting other users in the 
band from interference. Because our adoption of the subject rules 
permits

[[Page 55674]]

FS licensees to deploy smaller antennas without seeking waivers, the 
Report and Order also dismissed, as moot, pending requests for waiver 
to allow the use of smaller antennas in the 11 GHz band.
    2. The Commission found that allowing licensees the flexibility of 
using smaller antennas in the 11 GHz band serves the public interest 
because the lower costs and enhanced benefits associated with 0.61 
meter antennas will result in a more efficient use of the 11 GHz band 
without harming existing users. Technology has evolved since the 
Commission adopted the current antenna specifications for the 11 GHz 
band, and actions taken by the Commission in other FS and mobile bands 
have increased the need for greater flexibility for FS in the 11 GHz 
band. Antenna standards exist for the purpose of promoting the use of 
the most discriminating equipment to facilitate the introduction of new 
transmission paths. As noted in the NPRM, the Commission has 
reconsidered similar technical specifications that effectively limited 
the size of antennas used in other bands, including those used by 
satellite, in light of the technological evolution of communications 
equipment since those specifications were first adopted. Accordingly, 
the Commission found amending the antenna specifications in the 11 GHz 
band to be consistent with actions taken in other bands, including the 
10 GHz band.
    3. The Commission rejected the contentions by some commenting 
parties that proponents of the rule change have failed to demonstrate 
that there is a need for additional FS operations in the 11 GHz band 
and that harmful interference can be avoided. The Commission found that 
commenting parties presented a strong record demonstrating that the 
proposed rule would afford FS users the flexibility necessary to more 
fully and efficiently utilize the 11 GHz band by deploying 0.61 meter 
antennas, thereby facilitating a range of fixed microwave applications, 
including backhaul and more innovative and emerging wireless services. 
The FS has a special need for flexibility in the use of their spectrum 
because the Commission has reallocated FS spectrum to other services in 
recent years and because the new spectrum available to FS is most 
suitable for short-range applications.
    4. The Commission also rejected, as unfounded, the suggestion that 
the use of smaller antennas would limit the availability of 11 GHz 
spectrum in rural areas. No evidence was introduced to support such a 
contention in this proceeding. The Commission anticipated that most 
small antennas will be used for shorter links in urban or suburban 
areas. However, the Commission also noted that it is not in the public 
interest to make less efficient use of the spectrum solely for the 
convenience of one licensee.
    5. The 11 GHz band is allocated within the United States on a co-
primary basis to FS and Fixed Satellite Service (FSS). In this Report 
and Order, the Commission rejected the proposal by Intelsat, Ltd. to 
segment the 11 GHz band by allocating 500 megahertz of spectrum to FS 
and 500 megahertz of spectrum to the FSS. The Commission found that the 
proposal exceeds the scope of this proceeding. The Commission also 
found that there is no record to support such an action in this 
proceeding. The Commission noted that the band segmentation proposal 
was a radically different solution for avoiding interference between FS 
and FSS operators and has been offered at the comment stage in this 
proceeding without any study of its implications. Furthermore, the 
domestic use of the 11 GHz band by the FSS has been limited, to date, 
because it has sought to protect the use and expansion of terrestrial 
microwave services within the band. The Commission emphasized in the 
Report and Order that its rules explicitly limit satellite use of the 
11 GHz band to international systems. Under those circumstances, the 
Report and Order found no support for denying FS operators access to 
half of the 11 GHz band. The Commission has designated the 11 GHz band 
as one of the relocation bands for emerging technologies.
    6. In the Report and Order, the Commission adopted modifications to 
the antenna standards for FS operation in the 11 GHz band. The 
Commission rejected FiberTower's proposal to have two different 
Category A and Category B standards. Instead, the Commission revised 
the Category B standard and treated all antennas that do not comply 
with the Category A standard as Category B antennas. The Commission 
also adopted a special provision allowing the use of 11 GHz Category B 
antennas in all areas, as opposed the normal restriction limiting 
Category B antennas to rural areas. The Commission also rejected a 
proposal to impose an EIRP limitation on facilities using Category B 
antennas. Although the Commission generally agreed that larger antennas 
will be more appropriate for longer links, it found that there may be 
situations where an operator has no alternative to using a smaller 
antenna for a longer link.
    7. The Commission generally concluded that allowing smaller 
antennas in the 11 GHz band will not harm existing users. An applicant 
proposing the use of a smaller antenna will need to coordinate its 
proposed facilities with existing users. Moreover, the record contained 
specific analyses submitted by proponents of the rule changes 
indicating that the use of smaller FS antennas in the 11 GHz band is 
not likely to cause significantly more interference than current 
antennas. Although the Commission specifically sought comment on the 
Alcatel White Paper in the NPRM, none of the opponents of allowing 
smaller antennas in the 11 GHz band addressed the White Paper or 
attempted to rebut its showings. In addition, the Commission further 
noted that none of the opponents offered any engineering analysis to 
show that there would be any material risk of increased interference.
    8. The Commission rejected arguments by Intelsat, Ltd. that the 
Commission should prohibit the use of smaller antennas in the 11 GHz 
band because other users in the band will experience harmful 
interference due to the aggregate effect of several nearby FS antennas. 
The Commission emphasized that no opponent of the rule changes provided 
any engineering analysis or other evidence to support their 
contentions. Moreover, the Commission found that the existing 
coordination procedures, such as the right of existing users to raise 
objections in the coordination process and the practice of using 
different frequency channels, should be sufficient to protect existing 
FS and FSS operators. The Commission noted that the primary concern of 
opponents appears to be that allowing the use of smaller antennas in 
the 11 GHz band would result in increased FS use of the band and 
increase the possibility that aggregate interference would occur. 
However, the Commission emphasized that it has limited the expansion of 
FSS in the 11 GHz band in order protect the future use of the band for 
FS. Accordingly, the Commission viewed rule changes that would allow 
greater FS use of the 11 GHz band as beneficial to the public interest, 
so long as existing users would not be harmed.
    9. In the Report and Order, the Commission noted that Mobile 
Satellite Ventures, L.P. (MSV) and Terrestar Networks, Inc. (Terrestar) 
identified a more specific concern about the effect of aggregate 
interference on its next generation, geostationary orbit (GSO) Mobile 
Satellite Service (MSS) gateway earth stations authorized for feeder 
link operations in the 11 GHz band. The

[[Page 55675]]

Commission stated that it expected all FS applicants for new or 
modified facilities in the 11 GHz band to carefully coordinate their 
operations with the authorized feeder link operations of any licensed 
GSO MSS gateway earth station in the 11 GHz band so as to avoid harmful 
aggregate interference. Specifically, the Commission expects FS 
applicants to consider the possibility of aggregate interference in 
determining whether they must coordinate with the authorized feeder 
link operations of any licensed GSO MSS gateway earth station in the 11 
GHz band. If an MSS licensee raises aggregate interference concerns in 
the coordination process, the Commission stated that the licensee and 
the FS applicant must work to resolve those concerns in the 
coordination process. If issues relating to aggregate interference are 
brought to the Commission's attention, either in a statement submitted 
with an application or in a timely petition, the Commission will 
carefully consider such issues.
    10. The Commission rejects the unsupported contention that errors 
in correctly pointing antennas will occur more frequently with smaller 
antennas and thereby cause greater interference to other users in the 
band. FS licensees and equipment manufacturers demonstrated that they 
have a strong incentive to accurately point their antennas and 
routinely point antennas to a high degree of accuracy. The record 
demonstrated that there is no significant difference between antennas 
currently authorized under the Commission's Rules and smaller antennas 
in terms of the likelihood of pointing error. Furthermore, the parties 
stated that they would work quickly to correct any pointing errors that 
do occur, and the Commission expects all licensees to promptly remedy 
any errors that do exist.
    11. The Commission adopted a rule that in those instances where a 
FS licensee deploys a smaller, Category B compliant antenna in the 11 
GHz band, the FS licensee must modify the use of such antenna if 
another FS or FSS licensee or applicant in the 11 GHz band makes a 
showing (i) that it is likely to receive interference due to the use of 
the smaller, Category B compliant antenna and (ii) that such 
interference would not exist if the FS station were using a Category A 
compliant antenna instead. In response to such a showing, the FS 
licensee that had opted to deploy a smaller, Category B compliant 
antenna must either replace its antenna with a Category A complaint 
antenna or appropriately reduce EIRP. That rule will place other 
applicants and licensees in the 11 GHz band--whether FS or FSS--in a 
position no worse than if an FS licensee were using a Category A 
compliant antenna. The Commission rejected a proposal to place language 
in the rule referencing the on-axis EIRP of the station in question as 
unnecessary and unduly restrictive. The Commission believes that FS 
licensees using smaller antennas should have the flexibility to adjust 
their EIRP in order to resolve interference concerns, so long as FS and 
FSS applicants are no worse off than they were if the licensee was 
using an antenna meeting Category A standards.
    12. The Commission also adopted a rule stating that a FS licensee 
that opts to deploy a Category B compliant antenna in the 11 GHz band 
may only object to a prior coordination notice based on interference if 
the predicted interference would not otherwise exist if the FS licensee 
were using a Category A compliant antenna instead of a Category B 
compliant antenna. The Commission found that the adoption of these 
rules serves the public interest by appropriately balancing the rights 
of all interested parties in the 11 GHz band, promoting the efficient 
use of the spectrum, and protecting the rights of existing and future 
users of the band.
    13. The Commission also declined to establish a deadline for the 
resolution of interference complaints involving FS interference to FSS 
earth stations. The Commission has not mandated a specific deadline for 
resolving interference complaints in other point-to-point microwave 
bands, and the 11 GHz band does not have any unique characteristics 
that would justify a special rule for that band. In addition, 
proponents of the proposal failed to demonstrate that our existing 
rules are inadequate or that FS licensees are unwilling to resolve 
interference issues as they occur.
    14. Nextlink Wireless, Inc., First Avenue Networks, Inc., Telecom 
Transport Management, Inc., and Conterra Ultra Broadband, LLC had filed 
waiver requests seeking permission to use smaller antennas in the 11 
GHz band. The Commission dismissed the pending waiver requests as moot. 
The rules adopted in this Report and Order will provide the parties 
seeking a waiver with the opportunity to use smaller antennas in the 11 
GHz band. The Commission granted FiberTower a waiver to permit it to 
deploy smaller antennas in the 11 GHz band subject to a condition that 
it must comply with the outcome of this rulemaking proceeding. The 
Commission will terminate the waiver granted to FiberTower on the date 
the rules adopted herein become effective.

II. Final Regulatory Flexibility Analysis

    15. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), we incorporated an Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on a 
substantial number of small entities by the policies and rules proposed 
in the Notice of Proposed Rule Making (NPRM) in WT Docket 07-54. The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. Because we amend the rules in this 
Report and Order, we have included this Final Regulatory Flexibility 
Analysis (FRFA). This present FRFA conforms to the RFA.

A. Need for, and Objectives of, This Report and Order

    16. In this Report and Order, we adopt amendments to Section 
101.115 of the Commission's rules to permit the installation of smaller 
antennas by Fixed Service (FS) operators in the 10.7--11.7 GHz (11 GHz) 
band. Section 101.115(b) of the Commission's rules establishes 
directional antenna standards designed to maximize the use of microwave 
spectrum, including the 11 GHz band, while avoiding interference 
between operators. More specifically, the Commission's rules set forth 
certain requirements, specifications, and conditions pursuant to which 
FS stations may use antennas that comply with either the more stringent 
performance standard in Category A (also known as Standard A) or the 
less stringent performance standard in Category B (also known as 
Standard B). The rule on its face does not mandate a specific size of 
antenna. Rather, it specifies certain technical parameters--maximum 
beamwidth, minimum antenna gain, and minimum radiation suppression--
that, depending on the state of technology at any point in time, 
directly affect the size of a compliant antenna that may be deployed in 
the 11 GHz band. The Commission found a demonstrated need in this 
proceeding to reconsider and to modify the antenna standards set forth 
in Section 101.115 of the Commission's rules because actions taken by 
the Commission in other bands have increased the need for greater 
flexibility for FS in the 11 GHz band; because technology has 
significantly evolved since the Commission last considered the antenna 
specifications for the 11 GHz band; and because the Commission has 
reconsidered similar technical specifications that effectively limited 
the size of antennas used in other bands, including those used by 
satellite, in

[[Page 55676]]

light of the technological evolution of communications equipment since 
those specifications were first adopted.
    17. In this Report and Order, we adopt amendments to Section 
101.115 of the Commission's rules to revise the Category B standards 
for the 11 GHz band to permit, as proposed in the NPRM, the use of FS 
antennas with reduced mainbeam gain, increased beamwidth, and modified 
sidelobe suppression. We conclude in this Report and Order that, by 
treating smaller antennas that do not comply with Category A standard 
as Category B antennas, the amended rules will afford licensees maximum 
flexibility in deploying FS antennas in the 11 GHz band. While 
licensees in the FS will now have additional options to deploy smaller 
antennas in the 11 GHz band that comply with the revised Category B 
standard, FS licensees also retain the discretion to maintain and 
continue to deploy Category A compliant antennas in the band. In this 
Report and Order, we also amend Section 101.115 of the Commission's 
rules to impose a duty on any FS licensee that deploys a smaller 
antenna in the 11 GHz band that does not comply with the Category A 
standard to ensure that the introduction of such antennas does not 
cause harmful interference to other licensees and applicants in the 
band. We find that the amendments we adopt in this Report and Order 
further the public interest and promote our goals of facilitating the 
efficient use of the 11 GHz band while also protecting other users in 
the band from interference.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the NPRM

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

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

    19. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    20. Nationwide, there are a total of approximately 22.4 million 
small businesses, according to SBA data. A ``small organization'' is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' Nationwide, as of 
2002, there were approximately 1.6 million small organizations. The 
term ``small governmental jurisdiction'' is defined generally as 
``governments of cities, towns, townships, villages, school districts, 
or special districts, with a population of less than fifty thousand.'' 
Census Bureau data for 2002 indicate that there were 87,525 local 
governmental jurisdictions in the United States. We estimate that, of 
this total, 84,377 entities were ``small governmental jurisdictions.'' 
Thus, we estimate that most governmental jurisdictions are small.
    21. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. At present, there are approximately 36,708 common carrier 
fixed licensees and 59,291 private operational-fixed licensees and 
broadcast auxiliary radio licensees in the microwave services. The 
Commission has not yet defined a small business with respect to 
microwave services. For purposes of the FRFA, we will use the SBA's 
definition applicable to Cellular and other Wireless Telecommunications 
companies--i.e., an entity with no more than 1,500 persons. Census 
Bureau data for 2002 show that there were 1,397 firms in this category 
that operated for the entire year. Of this total, 1,378 firms had 
employment of 999 or fewer employees, and 19 firms had employment of 
1,000 employees or more. Thus, under this size standard, the majority 
of firms can be considered small. We note that the number of firms does 
not necessarily track the number of licensees. We estimate that all of 
the Fixed Microwave licensees (excluding broadcast auxiliary licensees) 
would qualify as small entities under the SBA definition.
    22. Satellite Telecommunications and Other Telecommunications. 
There is no small business size standard developed specifically for 
providers of international service. The appropriate size standards 
under SBA rules are for the two broad census categories of ``Satellite 
Telecommunications'' and ``Other Telecommunications.'' Under both 
categories, such a business is small if it has $13.5 million or less in 
average annual receipts.
    23. The first category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing point-to-point 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' For this category, Census 
Bureau data for 2002 show that there were a total of 371 firms that 
operated for the entire year. Of this total, 307 firms had annual 
receipts of under $10 million, and 26 firms had receipts of $10 million 
to $24,999,999. Consequently, we estimate that the majority of 
Satellite Telecommunications firms are small entities that might be 
affected by our action.
    24. The second category of Other Telecommunications ``comprises 
establishments primarily engaged in (1) providing specialized 
telecommunications applications, such as satellite tracking, 
communications telemetry, and radar station operations; or (2) 
providing satellite terminal stations and associated facilities 
operationally connected with one or more terrestrial communications 
systems and capable of transmitting telecommunications to or receiving 
telecommunications from satellite systems.'' For this category, Census 
Bureau data for 2002 show that there were a total of 332 firms that 
operated for the entire year. Of this total, 259 firms had annual 
receipts of under $10 million and 15 firms had annual receipts of $10 
million to $24,999,999. Consequently, we estimate that the majority of 
Other Telecommunications firms are small entities that might be 
affected by our action.
    25. Space Stations (Geostationary). Commission records reveal that 
there are 15 space station licensees. We do not request nor collect 
annual revenue information, and thus are unable to estimate of the 
number of geostationary space stations that would constitute a small 
business under the SBA definition cited above, or apply any rules 
providing special consideration for Space Station (Geostationary) 
licensees that are small businesses.
    26. Fixed Satellite Transmit/Receive Earth Stations. Currently 
there are approximately 3,390 operational fixed-satellite transmit/
receive earth stations authorized for use in the C- and Ku-bands. The 
Commission does not request or collect annual revenue information, and 
thus is unable to estimate the number of earth stations

[[Page 55677]]

that would constitute a small business under the SBA definition.

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

    27. This Report and Order adopts no new reporting or recordkeeping 
requirements. This Report and Order adopts amendments to Part 101 of 
the Commission's rules to afford FS licensees in the 11 GHz band with 
the flexibility to deploy smaller antennas that comply with the less 
stringent Category B standard or to maintain as well as continue to 
deploy antennas that comply with the more stringent Category A 
standard. The proposed amendments would apply equally to large and 
small entities and benefit all FS licensees by reducing the burden of 
seeking individual waivers to permit the use of smaller antennas in the 
11 GHz band.

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

    28. 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): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance rather than design standards; and (4) an 
exemption from coverage of the rule, or any part thereof for small 
entities.
    29. In this Report and Order, we adopt amendments to Section 
101.115 of the Commission's Rules to revise the Category B standard for 
the 11 GHz band to permit, as proposed in the NPRM, the use of FS 
antennas with reduced mainbeam gain, increased beamwidth, and modified 
sidelobe suppression. Licensees in the FS will now have additional 
options to deploy smaller antennas in the 11 GHz band that comply with 
the revised Category B standard while retaining the discretion to 
maintain and continue to deploy antennas that comply with the more 
stringent Category A standard, which has not been modified in this 
Report and Order. Smaller antennas that comply with the revised 
Category B standard cost less to acquire, deploy, and maintain, thereby 
reducing the expenditure of capital and human resources otherwise 
necessary to deploy and maintain Category A compliant antennas. We 
conclude in this Report and Order that our action serves the public 
interest by facilitating the efficient use of the 11 GHz band. The 
deployment of smaller antennas that comply with the revised Category B 
standard could promote a wide range of fixed microwave applications 
that are not currently being provided for in the 11 GHz band for 
financial, aesthetic, and regulatory reasons. In addition, a number of 
the commenting parties in this proceeding identify themselves as small 
business entities and express their need to deploy smaller antennas in 
the 11GHz band in order to open up economic opportunities and to 
provide for a wide range of services, including, for example, the 
provision of backhaul services.
    30. Report to Congress: The Commission will send a copy of the 
Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act. In addition, the 
Commission will send a copy of the Report and Order, including the 
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the 
Report and Order and the FRFA (or summaries thereof) will also be 
published in the Federal Register.

III. Procedural Matters

    31. Paperwork Reduction Analysis: This document contains no new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104.13.
    32. Congressional Review Act: The Commission will send a copy of 
this Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801 (a)(1)(A).

IV. Ordering Clauses

    33. Pursuant to Sections 1, 2, 4(i), 7, 10, 201, 214, 301, 302, 
303, 307, 308, 309, 310, 319, 324, 332, 333 and 706 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, and 706, 
that this Report and Order is adopted.
    34. Pursuant to Section 4(i) of the Communications Act of 1934, 47 
U.S.C. 154(i), and Section 1.925 of the Commission's rules, that the 
Petition for Waiver filed by Nextlink Wireless, Inc. on August 4, 2006, 
the Petition for Waiver filed by First Avenue Networks, Inc. on August 
10, 2006, the Petition for Waiver and Expedited Action filed by Telecom 
Transport Management, Inc. on September 8, 2006, and the Petition for 
Expedited Waiver Pending Rulemaking filed by Conterra Ultra Broadband, 
LLC on January 22, 2007 are dismissed as moot.
    35. Pursuant to Section 4(i) of the Communications Act of 1934, 47 
U.S.C. 154(i), and Section 1.925 of the Commission's rules, that the 
waiver granted to FiberTower Corporation in FiberTower, Inc., Order, 21 
FCC Rcd 6386 (WTB 2006) is terminated on the date the rules adopted in 
this Report and Order become effective, with facilities authorized 
pursuant to the waiver being grandfathered.
    36. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 101

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 101 as follows:

PART 101--FIXED MICROWAVE SERVICES

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

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


0
2. Section 101.115 is amended by revising the entry for ``10,700 to 
11,700'' \5\ in the table following paragraph (b)(2), redesignating 
paragraph (f) as paragraph (g), and adding a new paragraph (f) to read 
as follows:


Sec.  101.115  Directional antennas.

    (b) * * *
    (2) * * *

[[Page 55678]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Minimum radiation suppression to angle in degrees  from centerline of main beam in
                                               Maximum                                                     decibels
                                             beam-width    Minimum   -----------------------------------------------------------------------------------
        Frequency (MHz)           Category     to 3 dB     antenna                                                                 100[deg]    140[deg]
                                                 pts      Gain (dBi)   5[deg] to  10[deg] to  15[deg] to  20[deg] to  30[deg] to      to          to
                                                                        10[deg]     15[deg]     20[deg]     30[deg]    100[deg]    140[deg]    180[deg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
10,700-11,700 \5\..............           A         2.2         38            25          29          33          36          42          55          55
                                          B         3.5         33.5          17          24          28          32          35          40          45
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (f) In the 10,700-11,700 MHz band, a fixed station may employ 
transmitting and receiving antennas meeting performance standard B in 
any area. If a Fixed Service or Fixed Satellite Service licensee or 
applicant makes a showing that it is likely to receive interference 
from such fixed station and that such interference would not exist if 
the fixed station used an antenna meeting performance standard A, the 
fixed station licensee must modify its use. Specifically, the fixed 
station licensee must either substitute an antenna meeting performance 
standard A or operate its system with an EIRP reduced so as not to 
radiate, in the direction of the other licensee, an EIRP in excess of 
that which would be radiated by a station using a Category A antenna 
and operating with the maximum EIRP allowed by the rules. A licensee or 
prior applicant using an antenna that does not meet performance 
Standard A may object to a prior coordination notice based on 
interference only if such interference would be predicted to exist if 
the licensee or prior applicant used an antenna meeting performance 
standard A.

 [FR Doc. E7-19342 Filed 9-28-07; 8:45 am]
BILLING CODE 6712-01-P