[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Rules and Regulations]
[Pages 24180-24184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9752]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 24 and 27

[WT Docket No. 03-264; FCC 08-85]


Amendment of Various Rules Affecting Wireless Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopts certain amendments to its rules governing radiated 
power limits for broadband Personal Communications Services in the 
1850-1915/1930-1995 MHz bands (PCS) and certain Advanced Wireless 
Services (AWS) in the 1710-1755/2110-2155 MHz bands. The rule changes 
offer greater flexibility to PCS and AWS operators, are more 
technologically neutral, will better accommodate broadband 
technologies, and will fulfill the Commission's statutory mandate under 
section 11 of the Communications Act of 1934, as amended (the Act). See 
47 U.S.C. 161.

DATES: Effective June 2, 2008.

FOR FURTHER INFORMATION CONTACT: Nina Shafran, Wireless 
Telecommunications Bureau, at [email protected], or (202) 418-2781.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order, in WT Docket No. 03-264, FCC No. 08-85, adopted March 
18, 2008 and released March 21, 2008. The full text of the document is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, 445 12th Street, SW., Washington, 
DC 20554. The complete text may be purchased from the FCC's copy 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, telephone (202) 488-5300, facsimile 
(202) 488-5563, or via e-mail at [email protected]. The full text may 
also be downloaded at http://www.fcc.gov. Alternative formats are 
available to persons with disabilities (Braille, large print, 
electronic files and audio format) by e-mailing [email protected], or 
calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 
(voice), or (202) 418-0432 (TTY).

Synopsis of the Third Report and Order

    In this Third Report and Order, the Commission adopts certain 
amendments to the PCS and AWS radiated power rules, consistent with 
actions previously taken by the Commission in the 700 MHz Commercial 
Services Band Report and Order and Further Notice of Proposed 
Rulemaking (April 700 MHz Order) at 72 FR 27688, May 16, 2007 (Report 
and Order), and at 72 FR 24238, May 2, 2007 (FNPRM), and the 700 MHz 
Second Report and Order (August 700 MHz Order) at 72 FR 48814, August 
24, 2007. On July 22, 2005, the Commission adopted a Report and Order 
and Further Notice of Proposed Rulemaking in a Biennial Review 
proceeding commenced in 2004 to streamline and harmonize certain 
licensing provisions in the wireless radio services (WRS) (as defined 
in the Commission's rules) at 70 FR 61049, October 20, 2005 (Report and 
Order), and at 70 FR 60770, October 19, 2005 (FNPRM) (Streamlining 
FNPRM). In that document, the Commission sought comment on certain 
proposed amendments--particularly the proposed changes introduced into 
the record by CTIA-The Wireless Association (CTIA)--to the Commission's 
radiated power rules for PCS and AWS. The Commission also sought 
comment on whether the changes proposed by CTIA for PCS and AWS (CTIA 
Proposal) should be applicable to other services, such as part 22 
cellular, additional part 27 services, including the 700 MHz Commercial 
Services Band, as well as, other services specifically addressed in 
certain parties' submissions in this docket, such as the 1670-1675 MHz 
band. Additionally, the Commission considered whether changes to other 
technical rules might be warranted in conjunction with changes to the 
radiated power rules. In the April 700 MHz Order, in which the 
Commission combined various proceedings regarding the 700 MHz band, the 
Commission also incorporated issues raised in the instant proceeding 
(WT Docket No. 03-264) as they pertain to the 700 MHz band, and 
extended certain relief requested by CTIA to the 700 MHz Commercial 
Services Band. Relief included (1) implementation of a power spectral 
density (PSD) model for measuring radiated power, based on ``watts per 
megahertz of spectrum bandwidth'' rather than on ``watts per 
emission,'' and (2) permitting radiated power to be measured using 
``average'' rather than ``peak'' values. In the August 700 MHz Order, 
the Commission specified power limits in terms of PSD for 700 MHz 
public safety broadband operations, and also specified that power for 
700 MHz public safety broadband operations must be measured in terms of 
average rather than peak values. In the Third Report and Order, the 
Commission maintains regulatory parity and extends similar relief to 
the PCS and AWS bands. Specifically, in the PCS and AWS radiated power 
rules, the Commission: (1) Adds a PSD model for licensees operating 
with bandwidth greater than one megahertz; and (2) modifies the rules 
to permit radiated power to be measured and expressed using average 
rather than peak values. Also in the PCS and AWS radiated power rules, 
the Commission specifies certain coordination requirements for 
licensees that operate at higher power levels permissible in rural 
areas.

I. Discussion

A. Power Spectral Density Model

    1. Consistent with its decision in the April 700 MHz Order, and 
based on the record developed in response to the Streamlining FNPRM, 
the Commission adopts a PSD model for defining equivalent isotropically 
radiated power (EIRP) limits for PCS and AWS base stations, thereby 
establishing EIRP caps on a ``per megahertz of spectrum bandwidth'' 
basis rather than on a ``per emission'' basis. The Commission agrees 
with CTIA and other commenters that application of this watts-per-
megahertz approach to radiated power in these flexible bands is more 
likely to encourage innovation and will not require modifications as 
new technologies emerge.
    2. The Commission also finds that narrowband licensees should not 
be required to operate below current EIRP limits, and therefore 
establishes a bandwidth dividing line for purposes of applying PSD in 
the modified rule. Systems using emissions that have a bandwidth wider 
than 1 megahertz generally use their entire spectrum contiguously in 
each cell, whereas systems using emissions with a bandwidth less than 1 
megahertz use, at each cell, a number of narrower channels separated by 
several channels not used in that cell. If a technology is developed 
using 500 kilohertz-1 megahertz bandwidth, the technology is more 
likely to use different channels at different cells like other 
narrowband systems, rather than a spread-spectrum approach as is 
typically used in wideband systems. Consistent with recent amendments 
to the radiated

[[Page 24181]]

power rules in the April 700 MHz Order (regarding the 700 MHz 
Commercial Services band) and the August 700 MHz Order (regarding 
public safety broadband operations), the Commission will allow PCS and 
AWS licensees employing bandwidths greater than 1 megahertz to meet a 
base station power limit of 1640 watts/MHz EIRP (that is, no more than 
1640 watts EIRP in any 1 megahertz band segment). PCS and AWS licensees 
operating with bandwidths of 1 megahertz or less will, however, 
continue to be permitted to operate at power levels up to 1640 watts 
EIRP over their bandwidth. Thus, for example, a licensee transmitting a 
signal with a bandwidth of 5 megahertz could employ a power level of 
8200 watts EIRP over the 5 megahertz bandwidth, with each 1 megahertz 
band segment within the 5 megahertz bandwidth being limited to 1640 
watts EIRP; and a licensee transmitting a signal with a bandwidth of 
200 kilohertz could employ a power level of 1640 watts EIRP over the 
200 kilohertz bandwidth. Consistent with the current PCS and AWS rules, 
and pursuant to amendments via a Report and Order and Further Notice of 
Proposed Rulemaking (Rural R&O) at 69 FR 75144 (Report and Order), and 
69 FR 75174 (FNPRM) at December 15, 2004, in WT Docket No 02-381, 
licensees will be permitted in rural areas to operate at double the 
non-rural power limit, subject to the new PSD model; that is, the rural 
radiated power limit is increased from 3280 watts EIRP to 3280 watts/
MHz EIRP for PCS and AWS licensees operating with bandwidth wider than 
1 megahertz.
    3. Coordination. In order to balance the need for licensee 
flexibility with the Commission's concern for limiting potential 
increased interference from higher power wideband operations, the 
Commission will, consistent with the Commission's current rules, 
require rural PCS and AWS licensees operating at greater than 1640 
watts EIRP and greater than 1640 watts/MHz EIRP to coordinate with 
adjacent block licensees in their respective services that are 
authorized to operate within 75 miles of the transmitting base station. 
Further, consistent with current rules: (1) PCS rural operation greater 
than 1640 watts EIRP and greater than 1640 watts/MHz EIRP will be 
limited to base stations located more than 120 kilometers (75 miles) 
from the Canadian border and more than 75 kilometers (45 miles) from 
the Mexican border; and (2) AWS rural stations operating at greater 
than 1640 watts EIRP and greater than 1640 watts/MHz EIRP will be 
required to coordinate in advance with all Government and non-
Government satellite entities in the 2025-2110 MHz band and with all 
Broadband Radio Service (BRS) licensees authorized under part 27 in the 
2155-2160 MHz band.

B. Peak vs. Average Radiated Power Limits

    4. The Commission's PCS and AWS rules currently limit permissible 
EIRP on a peak basis. A number of the newer technologies, such as 
Orthogonal Frequency Division Multiplexing (OFDM) and Wideband Code 
Division Multiple Access (WCDMA), produce an emission with sub-
microsecond power spikes. When measuring and expressing power levels in 
terms of peak EIRP, transient power spikes of extremely short duration 
might unnecessarily govern the operating power of stations that use the 
newer, wideband technologies. Consistent with the Commission's decision 
to permit licensees to meet radiated power limits on an average basis 
in the 700 MHz Commercial Services Band as well as for 700 MHz public 
safety broadband operations, the Commission finds that the public 
interest would be served by amending the rules to similarly treat PCS 
licensees and AWS licensees. The Commission agrees with CTIA that 
average measurement techniques should be permitted for PCS and AWS base 
stations, and also agrees with Ericsson that the same reasons for 
permitting average power measurements for base stations apply for 
mobile and portable units as well. Accordingly, the Commission adopts 
changes to its rules to permit average power limits for PCS and AWS 
base stations, mobiles and portables.\1\
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    \1\ Licensees will remain subject to existing environmental 
regulations. See, e.g., 47 CFR 1.1307 and 1.1310; id. 2.1091 
(governing RF radiation exposure evaluation specifically for mobile 
devices); id. 2.1093 (governing RF radiation exposure evaluation 
specifically for portable devices).
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    5. Measurement of average power for PCS and AWS operations under 
the revised rules, for base stations as well as handsets, must be made 
during a period of continuous transmission based on a 1 MHz resolution 
bandwidth. The Commission directs parties to consult with the FCC 
Laboratory staff for guidance on the appropriate method of measuring 
average power for particular technologies. The Commission also 
clarifies that the calculation method that AWS licensees must use if 
they choose to continue measuring power in terms of peak, rather than 
average, values is the same method currently specified for PCS 
licensees. See 47 CFR 24.232(d).
    6. The Commission also concludes that it serves the public interest 
to adopt a peak-to-average ratio (PAR) limit of 13 dB to mitigate the 
potential for undesirable interference that could result otherwise from 
the use of average values. As in the April 700 MHz Order, the 
Commission finds that limiting PAR to 13 dB for PCS and AWS licensees 
strikes the right balance between enabling such licensees to use 
modulation schemes with high PARs (such as OFDM) and protecting other 
licensees from high PAR transmissions.

C. No Doubling of Baseline Power Limits

    7. Based on the record in this proceeding, and taking into account 
the Commission's adoption of the PSD model for wideband PCS and AWS 
operations, the Commission finds no justification for a baseline 
doubling of EIRP limits for PCS or AWS base stations at this time. 
Comments filed in response to the Streamlining FNPRM did not contain 
specific examples of problems caused by the current EIRP limits that 
could be solved by increasing the limits. Moreover, some commenters 
expressly recognize that today's technologies do not fully utilize the 
proposed higher power rates, and the record does not reflect that 
today's PCS systems, for example, use the full radiated power currently 
provided under the Commission's existing rules. With respect to rural 
operations, commenters did not demonstrate that rural systems have been 
deployed taking full advantage of the recently doubled rural radiated 
power limits and that, notwithstanding such increased power, rural 
coverage is inadequate. Commenters thus failed to justify a need for 
doubling radiated power levels independent of implementing a PSD model. 
The Commission emphasizes its conclusion that adoption of the PSD model 
is forward looking and will foster broadband development. It will 
permit licensees deploying WCDMA, for example, to operate at up to 8200 
watts EIRP (non-rural) and 16,400 watts EIRP (rural), whereas under the 
Commission's existing rules, licensees deploying WCDMA systems are 
limited to 1640 watts EIRP (non-rural) and 3280 watts EIRP (rural). The 
Commission's decision declining to further increase PCS and AWS 
radiated power limits independent of a PSD model is consistent with the 
Commission's recent actions in the April 700 MHz Order and the August 
700 MHz Order.

D. No Changes to Rules for Wireless Services Other Than PCS and AWS

    8. In the Streamlining FNPRM, the Commission considered whether the

[[Page 24182]]

CTIA Proposal should be applicable to part 22 services and other part 
27 services that operate under a flexible regulatory framework similar 
to PCS, as well as other services. In adopting or amending any 
technical rules, the Commission must take into account the potential 
for increased interference as well as other adverse effects on 
licensees. Certain factors at issue with one service may not be present 
or relevant with other services.
    9. The Commission specifically sought comment on application of the 
CTIA Proposal to the 2.3 GHz band, but concludes that the record does 
not support such application to this band at this time. The Commission 
also specifically considered and sought comment on application of the 
CTIA Proposal to BRS and Educational Broadband Service (EBS) stations 
operating in the 2500 MHz bands, as well as stations operating in the 
800 MHz cellular band. Because frequencies immediately adjacent to the 
800 MHz cellular band and the 2500 MHz BRS/EBS band are still 
undergoing significant restructuring to support a mixture of 
technologies and services, the Commission decides to maintain the 
radiated power limits set forth in the current rules for those bands 
rather than implementing changes at this time. The Commission also 
concludes that this proceeding is not the appropriate forum in which to 
consider concerns raised by TerreStar about safeguards for the AWS H-
Block systems; those concerns are more appropriately resolved in the 
relevant ongoing proceeding.
    10. 1670-1675 MHz Band. Section 27.50(f)(1) of the Commission's 
rules specifies a peak 2 kW EIRP limit for fixed and base station 
operations in the 1670-1675 MHz band. In the Streamlining FNPRM, the 
Commission sought comment on the request by OP LLC (a subsidiary of 
Crown Castle International Corp (Crown Castle)), the sole nationwide 
licensee in the 1670-1675 MHz band, to apply PSD to the entire 1670-
1675 MHz band and to double the 2 kW power limit for rural markets to 4 
kW EIRP. On the same date on which the Commission released the 
Streamlining FNPRM (August 9, 2005), Crown Castle separately filed a 
request for waiver of the 2 kW EIRP limit for the 1670-1675 MHz band 
and requested authority to operate in the band using a PSD model at 
increased power levels, specifically at 4 kW EIRP/MHz in non-rural 
areas and at 8 kW EIRP/MHz in rural areas. Crown Castle at that time 
planned to launch a new one-way (base-to-mobile) nationwide service 
(called Modeo) to wireless handsets with at least 10 video and 24 audio 
channels using the new Digital Video Broadcasting--Transmission System 
for Handheld Terminals (DVB-H) technology. Crown Castle later limited 
its request to thirty initial markets and stated that it would operate 
using a 5-MHz carrier bandwidth at each base station.
    11. In February 2007, the Commission conditionally granted Crown 
Castle waiver relief, authorizing deployment of its proposed system 
using PSD at 4 kW/MHz and 8 kW/MHz for non-rural and rural areas, 
respectively, limited to thirty specified markets and the White 
Mountain Apache Reservation in Arizona, for which Crown Castle had been 
the recipient of a tribal lands bidding credit in the Commission's 2003 
Auction No. 46 via Memorandum Opinion and Order at 22 FCC Rcd 4322 
(rel. Feb. 26, 2007) (Crown Castle Waiver Order). In order to limit 
interference, the Commission expanded the geographic area currently set 
forth in its part 1 rules within which Crown Castle must coordinate its 
1670-1675 MHz band operations with certain incumbent federal government 
users. The Commission also adopted detailed coordination and 
consultation conditions to protect vital National Weather Service and 
radio astronomy facilities from harmful interference. The waiver grant 
was subject to several other conditions.
    12. In July 2007, Crown Castle announced that it would not deploy a 
nationwide DVB-H system to provide Modeo service for which it had 
sought increased power levels. Rather, effective July 23, 2007, Crown 
Castle leased, via a de facto transfer lease, its spectrum in the 1670-
1675 MHz band to TVCC One Six Holdings, LLC (TVCC).
    13. In the Third Report and Order, the Commission declines to apply 
the PSD model by rule to the entire nationwide 1670-1675 MHz band as 
Crown Castle requested. Because Crown Castle has chosen not to deploy a 
DVB-H system in the band, the record is insufficient for the Commission 
to determine whether the public interest would be served by granting 
additional power for other markets for the 1670-1675 MHz band. TVCC is 
entitled to avail itself of the relief granted through waiver for the 
30 markets specified in Crown Castle's Initial Market Deployment Plan, 
subject to the conditions in the Crown Castle Waiver Order. In 
addition, TVCC may submit a waiver request, with appropriate 
justification, for similar relief in additional markets.
    14. Accordingly, the rule changes that the Commission adopts in 
this document are limited to those governing PCS and AWS stations, as 
defined at the outset of this document.

II. Procedural Matters

A. Regulatory Flexibility Act

1. Final Regulatory Flexibility Certification
    15. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Streamlining FNPRM in this Biennial Review 
proceeding, which the Commission launched in 2004 to fulfill its 
mandate to conduct biennial reviews under section 11 of the Act. With 
the goal of streamlining and harmonizing certain WRS licensing 
provisions, the Commission sought written comment on certain proposed 
amendments to its radiated power rules. The Commission also requested 
written comment on whether changes to other technical rules might be 
warranted in conjunction with changes to the radiated power rules. 
Additionally, the Commission sought written public comment on the IRFA. 
No comments specifically addressed the IRFA.
    16. In the Third Report and Order, the Commission takes further 
steps to streamline and harmonize its rules related to WRS by adopting 
modifications to the rules governing radiated power limits for PCS and 
AWS (as defined above). Specifically, whereas the existing rules set 
the radiated power limits in terms of watts-per-emission regardless of 
bandwidth size, the Commission will now permit use of a PSD model, with 
radiated power levels calculated on a watts-per-megahertz basis, when 
operating with greater than 1 megahertz bandwidth. The PSD approach 
offers more flexibility, is more technologically neutral, and will 
better accommodate newer technologies employing wider bandwidths. Also, 
the PSD model will potentially reduce infrastructure costs, thus 
enabling rural service providers to offer enhanced service in these 
areas. The Commission also will now permit PCS and AWS licensees to 
measure and express radiated power on an average rather than peak 
basis. This approach is more realistic and more appropriate for newer 
wireless technologies producing emissions with sub-microsecond power 
spikes.
    17. Because of interference concerns, the Commission is declining 
to double the baseline radiated power limits for PCS/AWS. In addition, 
to mitigate the potential for increased interference to other licensees 
that could result from measuring average (rather than peak) radiated 
power, the Commission is

[[Page 24183]]

adopting a PAR limit of 13 dB. At this time, the Commission is not 
adopting similar changes to the radiated power rules for other 
services, but maintains the February, 2007 waiver relief granted to 
Crown Castle in the 1670-1675 MHz band. As Crown Castle is the sole 
national licensee of spectrum in that band, the waiver relief does not 
directly affect any other licensees.
    18. The above-described rule changes are generally supported by the 
commenting parties. None of the modifications imposes increased 
reporting burdens on PCS or AWS licensees, nor does the Commission 
expect the rule changes to result in increased costs for such 
licensees. As noted above, infrastructure costs potentially will be 
reduced, particularly in rural areas. The changes are designed to 
improve flexibility for licensees employing wideband technologies used 
to provide advanced, high speed services, while maintaining 
interference control. The Commission believes they will prove 
beneficial to such PCS and AWS licensees and not have any adverse 
economic impact on them. Therefore, the Commission certifies that the 
rule changes adopted in the Third Report and Order will not have a 
significant economic impact on a substantial number of small entities. 
This Final Regulatory Flexibility Certification conforms to the RFA. 
See 5 U.S.C. 605(b).
2. Report to Congress
    19. The Commission will send a copy of this Third Report and Order, 
including the Final Regulatory Flexibility Certification, in a report 
to Congress pursuant to the Congressional Review Act. See 5 U.S.C. 
801(a)(1)(A). In addition, the Third Report and Order (including the 
Final Regulatory Flexibility Certification) will be sent to the Chief 
Counsel for Advocacy of the Small Business Administration, and will be 
published in the Federal Register. See 5 U.S.C. 605(b).

B. Paperwork Reduction Act of 1995

    20. This Third Report and Order does not contain any proposed, new, 
or modified information collection subject to the Paperwork Reduction 
Act of 1995, Public Law 104-13. In addition, therefore, it does not 
contain any new or modified ``information collection burden for small 
business concerns with fewer than 25 employees,'' pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198. See 44 
U.S.C. 3506(c)(4).

III. Ordering Clauses

    21. Pursuant to the authority of sections 4(i), 7, 11, 303(c), 
303(f), 303(g), 303(r), and 332 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 303(c), 303(f), 303(g), 303(r), and 332, the 
rule changes as set forth are adopted.
    22. The rule changes as set forth will become effective June 2, 
2008.
    23. The Commission's Consumer and Governmental Affairs Bureau shall 
send a copy of this Third Report and Order, including the Final 
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the Small Business Administration.

List of Subjects

47 CFR Part 24

    Communications common carriers, Communications equipment, Radio, 
Wireless radio services.

47 CFR Part 27

    Communications common carriers, Radio, Wireless radio services.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rules Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 24 and 27 as follows:

PART 24--PERSONAL COMMUNICATIONS SERVICES

0
1. The authority citation for part 24 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.


0
2. Revise Sec.  24.232 to read as follows:


Sec.  24.232  Power and antenna height limits.

    (a) (1) Base stations with an emission bandwidth of 1 MHz or less 
are limited to 1640 watts equivalent isotropically radiated power 
(EIRP) with an antenna height up to 300 meters HAAT, except as 
described in paragraph (b) below.
    (2) Base stations with an emission bandwidth greater than 1 MHz are 
limited to 1640 watts/MHz equivalent isotropically radiated power 
(EIRP) with an antenna height up to 300 meters HAAT, except as 
described in paragraph (b) below.
    (3) Base station antenna heights may exceed 300 meters HAAT with a 
corresponding reduction in power; see Tables 1 and 2 of this section.
    (4) The service area boundary limit and microwave protection 
criteria specified in Sec. Sec.  24.236 and 24.237 apply.

    Table 1.--Reduced Power for Base Station Antenna Heights Over 300
            Meters, With Emission Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                         EIRP watts
------------------------------------------------------------------------
<=300......................................................         1640
<=500......................................................         1070
<=1000.....................................................          490
<=1500.....................................................          270
<=2000.....................................................          160
------------------------------------------------------------------------


    Table 2.--Reduced Power for Base Station Antenna Heights Over 300
           Meters, With Emission Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                        EIRP  watts/
                                                                 MHz
------------------------------------------------------------------------
<=300......................................................         1640
<=500......................................................         1070
<=1000.....................................................          490
<=1500.....................................................          270
<=2000.....................................................          160
------------------------------------------------------------------------

    (b) (1) Base stations that are located in counties with population 
densities of 100 persons or fewer per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
with an emission bandwidth of 1 MHz or less are limited to 3280 watts 
equivalent isotropically radiated power (EIRP) with an antenna height 
up to 300 meters HAAT.
    (2) Base stations that are located in counties with population 
densities of 100 persons or fewer per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
with an emission bandwidth greater than 1 MHz are limited to 3280 
watts/MHz equivalent isotropically radiated power (EIRP) with an 
antenna height up to 300 meters HAAT.
    (3) Base station antenna heights may exceed 300 meters HAAT with a 
corresponding reduction in power; see Tables 3 and 4 of this section.
    (4) The service area boundary limit and microwave protection 
criteria specified in Sec. Sec.  24.236 and 24.237 apply.
    (5) Operation under this paragraph (b) at power limits greater than 
permitted under paragraph (a) of this section must be coordinated in 
advance with all broadband PCS licensees authorized to operate on 
adjacent frequency blocks within 120 kilometers (75 miles) of the base 
station and is limited to base stations located more than 120 
kilometers (75 miles) from the Canadian border and more than 75 
kilometers (45 miles) from the Mexican border.

[[Page 24184]]



    Table 3.--Reduced Power for Base Station Antenna Heights Over 300
            Meters, With Emission Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                         EIRP watts
------------------------------------------------------------------------
<=300......................................................         3280
<=500......................................................         2140
<=1000.....................................................          980
<=1500.....................................................          540
<=2000.....................................................          320
------------------------------------------------------------------------


    Table 4.--Reduced Power for Base Station Antenna Heights Over 300
           Meters, With Emission Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                        EIRP  watts/
                                                                 MHz
------------------------------------------------------------------------
<=300......................................................         3280
<=500......................................................         2140
<=1000.....................................................          980
<=1500.....................................................          540
<=2000.....................................................          320
------------------------------------------------------------------------

    (c) Mobile and portable stations are limited to 2 watts EIRP and 
the equipment must employ a means for limiting power to the minimum 
necessary for successful communications.
    (d) Power measurements for transmissions by stations authorized 
under this section may be made either in accordance with a Commission-
approved average power technique or in compliance with paragraph (e) of 
this section. In both instances, equipment employed must be authorized 
in accordance with the provisions of Sec.  24.51. In measuring 
transmissions in this band using an average power technique, the peak-
to-average ratio (PAR) of the transmission may not exceed 13 dB.
    (e) Peak transmit power must be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of an 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, sensitivity, etc., so as to obtain a true peak 
measurement for the emission in question over the full bandwidth of the 
channel.

    Note to Sec.  24.232: Height above average terrain (HAAT) is to 
be calculated using the method set forth in Sec.  24.53 of this 
part.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
3. 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.


0
4. Revise Sec.  27.50(d) to read as follows:


Sec.  27.50  Power and antenna height limits.

* * * * *
    (d) The following power and antenna height requirements apply to 
stations transmitting in the 1710-1755 MHz and 2110-2155 MHz bands:
    (1) The power of each fixed or base station transmitting in the 
2110-2155 MHz band and located in any county with population density of 
100 or fewer persons per square mile, based upon the most recently 
available population statistics from the Bureau of the Census, is 
limited to:
    (A) an equivalent isotropically radiated power (EIRP) of 3280 watts 
when transmitting with an emission bandwidth of 1 MHz or less;
    (B) an EIRP of 3280 watts/MHz when transmitting with an emission 
bandwidth greater than 1 MHz.
    (2) The power of each fixed or base station transmitting in the 
2110-2155 MHz band and situated in any geographic location other than 
that described in paragraph (d)(1) is limited to:
    (A) an equivalent isotropically radiated power (EIRP) of 1640 watts 
when transmitting with an emission bandwidth of 1 MHz or less;
    (B) an EIRP of 1640 watts/MHz when transmitting with an emission 
bandwidth greater than 1 MHz.
    (3) A licensee operating a base or fixed station in the 2110-2155 
MHz band utilizing a power greater than 1640 watts EIRP and greater 
than 1640 watts/MHz EIRP must coordinate such operations in advance 
with all Government and non-Government satellite entities in the 2025-
2110 MHz band. Operations with power greater than 1640 watts EIRP and 
greater than 1640 watts/MHz EIRP must be coordinated in advance with 
the following licensees authorized to operate within 120 kilometers (75 
miles) of the base or fixed station operating in this band: all 
Broadband Radio Service (BRS) licensees authorized under part 27 in the 
2155-2160 MHz band and all advanced wireless services (AWS) licensees 
authorized to operate on adjacent frequency blocks in the 2110-2155 MHz 
band.
    (4) Fixed, mobile, and portable (hand-held) stations operating in 
the 1710-1755 MHz band are limited to 1 watt EIRP. Fixed stations 
operating in this band are limited to a maximum antenna height of 10 
meters above ground. Mobile and portable stations operating in this 
band must employ a means for limiting power to the minimum necessary 
for successful communications.
    (5) Equipment employed must be authorized in accordance with the 
provisions of Sec.  24.51. Power measurements for transmissions by 
stations authorized under this section may be made either in accordance 
with a Commission-approved average power technique or in compliance 
with paragraph (d)(6) of this section. In measuring transmissions in 
this band using an average power technique, the peak-to-average ratio 
(PAR) of the transmission may not exceed 13 dB.
    (6) Peak transmit power must be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of an 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, sensitivity, etc., so as to obtain a true peak 
measurement for the emission in question over the full bandwidth of the 
channel.
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[FR Doc. E8-9752 Filed 5-1-08; 8:45 am]
BILLING CODE 6712-01-P