[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Proposed Rules]
[Pages 35995-36013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14423]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 27, 74, 78, and 101

[WT Docket No. 07-195; WT Docket No. 04-356; FCC 08-158]


Service Rules for Advanced Wireless Services in the 1915-1920 
MHz, 1995-2000 MHz, 2155-2175 MHz, and 2175-2180 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, we seek comment on service rules for 
licensed fixed and mobile services, including Advanced Wireless 
Services (AWS), in the 1915-1920 MHz, 1995-2000 MHz, 2155-2175 MHz, and 
2175-2180 MHz bands. We seek comment on rules for licensing this newly 
designated spectrum in a manner that will permit it to be fully and 
promptly utilized to bring advanced wireless services to American 
consumers. Our objective is to allow for the most effective and 
efficient use of spectrum in this band, while also encouraging 
development of robust wireless broadband services. We propose to apply 
our flexible, market-oriented rules to the band in order to meet this 
objective.

DATES: Comments must be filed on or before July 9, 2008, and reply 
comments must be filed on or before July 16, 2008.

[[Page 35996]]


ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. You may submit comments, identified by WT Docket 
No. 07-195, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Peter Daronco Esq., or Paul Malmud 
Esq., at 202-418-2486.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rule Making (FNPRM), released June 20, 2008. 
The complete text of this document, including attachments and related 
Commission documents, is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street, SW., Washington, DC 20554. The complete text of the FNPRM 
and related Commission documents may be purchased from the Commission'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 you may contact BCPI at its web site http://www.BCPIWEB.com. When ordering documents from BCPI please provide the 
appropriate FCC document number, for example, FCC 07-38. The FNPRM is 
also available on the Commission's Web site: http://wireless.fcc.gov/index.htm?job=headlines. 
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments on or before 
July 9, 2008, and reply comments must be filed on or before July 16, 
2008. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

I. Summary of Notice of Proposed Rulemaking

    1. In a In this Further Notice of Proposed Rule Making (FNPRM), we 
seek comment on proposed service rules for Advanced Wireless Service 
(AWS) \1\ spectrum in the 1915-1920 MHz, 1995-2000 MHz, and 2155-2180 
MHz bands, as set forth in Appendix A. In taking a further step towards 
adoption of service rules for these bands, our goal is to promote the 
deployment and ubiquitous availability of broadband services across the 
country and to facilitate the use of AWS spectrum for the benefit of 
consumers.
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    \1\ Advanced Wireless Services is the collective term we use for 
new and innovative fixed and mobile terrestrial wireless 
applications using bandwidth that is sufficient for the provision of 
a variety of applications, including those using voice and data 
(such as Internet browsing, message services, and full-motion video) 
content. Although AWS is commonly associated with so-called third 
generation (3G) applications and has been predicted to build on the 
successes of such current-generation commercial wireless services as 
cellular and Broadband Personal Communications Services (PCS), the 
services ultimately provided by AWS licensees are limited only by 
the Fixed and Mobile designation of the spectrum we allocate for AWS 
and the service rules we ultimately adopt for the bands.
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    2. In a Notice of Proposed Rulemaking in WT Docket No. 04-356, the 
Commission sought comment on rules for AWS spectrum in the 1915-1920 
MHz, 1995-2000 MHz, 2020-2025 MHz, and 2175-2180 MHz bands.\2\ In a 
Notice of Proposed Rulemaking in WT Docket No. 07-195, we sought 
comment on rules for AWS spectrum in the 2155-2175 MHz band.\3\ To 
further supplement these Notices of Proposed Rulemaking and the current 
extensive record in these proceedings, we are seeking expedited comment 
on a proposed set of rules for these bands. We will consider comments 
on these proposed rules in conjunction with the record developed in 
response to the various proposals set out in the earlier NPRM's.
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    \2\ Service Rules for Advanced Wireless Services in the 1915-
1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz Bands, WT 
Docket No. 04-356, Service Rules for Advanced Wireless Services in 
the 1.7 GHz and 2.1 GHz Bands, WT Docket No. 02-353, Notice of 
Proposed Rulemaking, 19 FCC Rcd 19263 (2004) (AWS-2 NPRM ).
    \3\ Service Rules for Advanced Wireless Services in the 2155-
2175 MHz Band, WT Docket No. 07-195, Notice of Proposed Rulemaking, 
22 FCC Rcd 17035 (2007) (AWS-3 NPRM ).
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    3. Specifically, we propose to adopt application, licensing, 
operating, and technical rules for the 2155-2180 MHz band (AWS-3 band), 
including rules that would:

[[Page 35997]]

     Combine the 2155-2175 MHz band with the 2175-2180 MHz band 
in order to create a 25 megahertz block of spectrum.
     Permit downlink and uplink transmissions throughout the 
entire 2155-2180 MHz band.
     Adopt a single nationwide license for the 2155-2180 MHz 
band.
     Adopt open eligibility for the 2155-2180 MHz band.
     Require the licensee to provide free, two-way broadband 
Internet service including:
    [cir] engineered data rates of at least 768 kbps downstream using 
up to 25 percent of the licensee's wireless network capacity.
    [cir] o an ``always on'' network-based filtering mechanism.
     Require the licensee to provide for open devices and open 
applications for its premium service and open devices for its free 
service.
     Provide an initial license term of ten years and 
subsequent renewal terms of ten years.
     Require the licensee to provide signal coverage and offer 
service to: (1) At least 50 percent of the total population of the 
nation within four years of commencement of the license term and ( 2) 
at least 95 percent of the total population of the nation at the end of 
the 10-year license term.
     Allow licensees to disaggregate, partition, and lease the 
spectrum.
     Provide that mutually exclusive applications should be 
resolved through competitive bidding.
     Require AWS-3 mobiles to attenuate out-of-band emissions 
(OOBE) by 60 + 10log (P) dB outside of the AWS-3 band, and establish a 
power limit for AWS-3 mobile devices of 23 dBm/MHz equivalent 
isotropically radiated power (EIRP).
     Require an OOBE limit of 43 + 10 log (P) dB for AWS-3 base 
and fixed downlink stations and a power limit of 1640 watts peak EIRP 
in non-rural areas and 3280 watts peak EIRP in rural areas.
    4. We also propose to adopt application, licensing, operating, and 
technical rules for the 1915-1920 MHz and 1995-2000 MHz bands (H 
Block), including rules that would:
     License the H Block using exclusive geographic area 
licensing on a Basic Trading Area (BTA) basis.
     Adopt open eligibility for the H Block.
     Provide an initial license term of ten years and 
subsequent renewal terms of ten years.
     Require an H Block licensee to provide signal coverage and 
offer service to: (1) At least 35 percent of the population in each 
licensed area within four years and (2) at least 70 percent of the 
population in each licensed area at the end of the license term.
     Allow licensees to disaggregate, partition, and lease the 
spectrum.
     Provide that mutually exclusive applications should be 
resolved through competitive bidding.
     Require H Block licensees in the 1915-1920 MHz band to pay 
a pro rata share of expenses previously incurred by UTAM Inc. in 
clearing that band.
     Adopt both relocation requirements for H Block entrants in 
the 1995-2000 MHz band and procedures for cost-sharing among other new 
entrants in the Broadcast Auxiliary Service band, including Sprint 
Nextel and Mobile Satellite Service entrants.
     Prohibit base and fixed transmission in the 1915-1920 MHz 
band.
     Require mobiles at 1915-1920 MHz to attenuate OOBE by 90 + 
10log P dB within the PCS band (1930-1990 MHz band), and establish a 
power limit for mobiles of 23 dBm/MHz EIRP.
     Prohibit mobile transmission in the 1995-2000 MHz band.
     Adopt an OOBE limit of 43 + 10 log (P) dB for base and 
fixed stations at 1995-2000 MHz and a power limit of 1640 watts peak 
EIRP in non-rural areas and 3280 watts peak EIRP in rural areas.
    5. We seek comment on these proposed rules for the AWS-3 band and 
the H Block, as set forth in Appendix A. We note that combining the 
2155-2175 MHz band with the 2175-2180 MHz band may allow an AWS-3 
licensee to make more robust use of this spectrum block while meeting a 
stricter OOBE limit than traditionally applied in bands designated for 
flexible use, such as the AWS-1 and 700 MHz bands.\4\ To the extent 
that commenters do not support combining the 2155-2175 MHz band with 
the 2175-2180 MHz band, they should indicate whether, in the 
alternative, a more traditional OOBE limit of 43+10log(P) dB would be 
appropriate for the 2155-2175 MHz band.
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    \4\ See, e.g., 47 CFR 27.53(c)(1)(2), 27.53(h).
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Procedural Matters

Ex Parte Rules--Permit-But-Disclose

    6. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed pursuant to the 
Commission's rules.\5\
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    \5\ See generally 47 CFR 1.1202, 1.1203, 1.1206.
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Initial Paperwork Reduction Analysis

    7. This document contains proposed new or modified information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due 60 days after date of publication in the Federal 
Register. Comments should address: (a) Whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the Commission, including whether the information shall have 
practical utility; (b) the accuracy of the Commission's burden 
estimates; (c) ways to enhance the quality, utility, and clarity of the 
information collected; and (d) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002,\6\ we seek specific comment on how we might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''
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    \6\ Public Law 107-198, see 44 U.S.C. 3506(c)(4).
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Supplemental Initial Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act of 1980 (RFA),\7\ 
the Commission has prepared a Supplemental Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities of the policies and rules proposed in the FNPRM. The 
analysis is found in the attached Appendix B of the FNPRM. We request 
written public comment on the analysis. Comments must be filed on or 
before July 9, 2008, and reply comments must be filed on or before July 
16, 2008 and must have a separate and distinct heading designating them 
as responses to the Supplemental IRFA. The Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, will send a 
copy of this FNPRM, including the Supplemental IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration.
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    \7\ 5 U.S.C. 603.
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A. Need for, and Objectives of, the Proposed Rules

    9. The FNPRM contemplates service rules for licensed fixed and 
mobile services, including advanced wireless services (AWS), in the 
1915-1920 MHz

[[Page 35998]]

and 1995-2000 MHz bands (collectively the ``H Block'') and the 2155-
2175 MHz and 2175-2180 MHz bands (collectively the ``AWS-3 band''). 
These service rules include application, licensing, operating and 
technical rules for the AWS-3 band and H Block. Consistent with the 
Commission's policy objective of affording licensees the flexibility to 
deploy new technologies, to implement service innovations, and to 
respond to market forces, the FNPRM proposes service rules that provide 
AWS-3 and H Block licensees with the flexibility to provide any fixed 
or mobile service, including advanced wireless services, which is 
consistent with the allocations for this spectrum. The market-oriented 
licensing framework for these bands would ensure that this spectrum is 
efficiently utilized and will foster the development of new and 
innovative technologies and services, as well as encourage the growth 
and development of broadband services, ultimately leading to greater 
benefits to consumers.
    10. The FNPRM seeks to adopt rules that will reduce regulatory 
burdens, promote innovative services, and encourage flexible use of 
this spectrum. Such an approach opens up economic opportunities to a 
variety of spectrum users, which could include small businesses.
    11. The FNPRM proposes combining the 2155-2175 MHz band with the 
2175-2180 MHz band to form a 25 MHz block of spectrum.
    12. In the FNPRM, the Commission also seeks comments on its 
proposal to permit both downlink and uplink transmissions throughout 
the entire AWS-3 band.
    13. In the FNPRM, the Commission also seeks comments on its 
proposal to require an AWS-3 licensee to provide free, two-way 
broadband Internet service that includes engineered data rates of at 
least 768 kps downstream for the average user experience using up to 25 
percent of the licensee's wireless network capacity and an ``always 
on'' network-based filtering mechanism.
    14. In the FNPRM, the Commission seeks comments on its proposal to 
require the licensee to provide for open devices and open applications 
for its premium service and open devices for its free service.
    15. In the FNPRM, the Commission seeks comments on its proposal to 
adopt a single nationwide license for the 2155-2180 MHz band.
    16. In the FNPRM, the Commission seeks comments on its proposal to 
adopt open eligibility for the AWS-3 band.
    17. In the FNPRM, the Commission seeks comments on its proposal to 
allow licensees to disaggregate, partition, and lease the spectrum.
    18. In the FNPRM, the Commission seeks comments on its proposal to 
require AWS-3 licensees to provide signal coverage and offer service 
to: (1) At least 50 percent of the total population of the nation 
within four years of commencement of the license term and (2) at least 
95 percent of the total population of the nation at the end of the 10-
year license term.
    19. In the FNPRM, the Commission seeks comments on its proposal to 
provide initial license term of ten years and subsequent renewal terms 
of ten years.
    20. In the FNPRM, the Commission seeks comments on its proposal to 
provide that mutually exclusive applications should be resolved through 
competitive bidding.
    21. In the FNPRM, the Commission seeks comments on its proposal to 
require AWS-3 mobiles to attenuate out-of-band emissions (OOBE) by 60 + 
10log (P) dB outside of the AWS-3 band, and establish a power limit for 
AWS-3 mobile devices of 23 dBm/MHz equivalent isotropically radiated 
power (EIRP).
    22. In the FNPRM, the Commission seeks comments on its proposal to 
require an OOBE limit of 43 + 10 log (P) dB for AWS-3 base and fixed 
downlink stations and a power limit of 1640 watts peak EIRP in non-
rural areas and 3280 watts peak EIRP in rural areas.
    23. In the FNPRM, the Commission seeks comments on its proposal to 
license the H Block using exclusive geographic area licensing on a 
Basic Trading Area (BTA) basis.
    24. In the FNPRM, the Commission seeks comments on its proposal to 
adopt open eligibility for the H Block.
    25. In the FNPRM, the Commission seeks comments on its proposal to 
allow licensees to disaggregate, partition, and lease the spectrum.
    26. In the FNPRM, the Commission seeks comments on its proposal to 
require an H Block licensee to provide signal coverage and offer 
service to: 1) at least 35 percent of the population in each licensed 
area within four years and 2) at least 70 percent of the population in 
each licensed area at the end of the license term.
    27. In the FNPRM, the Commission seeks comments on its proposal to 
provide an initial license term of ten years and subsequent renewal 
terms of ten years.
    28. In the FNPRM, the Commission seeks comments on its proposal to 
provide that mutually exclusive applications should be resolved through 
competitive bidding.
    29. In the FNPRM, the Commission seeks comments on its proposal to 
require H Block licensees in the 1915-1920 MHz band to pay a pro rata 
share of expenses previously incurred by UTAM Inc. in clearing that 
band.
    30. In the FNPRM, the Commission seeks comments on its proposal to 
adopt both relocation requirements for H Block entrants in the 1995-
2000 MHz band and procedures for cost-sharing among other new entrants 
in the Broadcast Auxiliary Service band, including Sprint Nextel and 
Mobile Satellite Service entrants.
    31. In the FNPRM, the Commission seeks comments on its proposal to 
prohibit base and fixed transmission in the 1915-1920 MHz band.
    32. In the FNPRM, the Commission seeks comments on its proposal to 
require mobiles at 1915-1920 MHz to attenuate OOBE by 90 + 10log P dB 
within the PCS band (1930-1990 MHz band), and establish a power limit 
for mobiles of 23 dBm/MHz EIRP.
    33. In the FNPRM, the Commission seeks comments on its proposal to 
prohibit mobile transmission in the 1995-2000 MHz band.
    34. In the FNPRM, the Commission seeks comments on its proposal to 
adopt an OOBE limit of 43 + 10 log (P) dB for base and fixed stations 
at 1995-2000 MHz and a power limit of 1640 watts peak EIRP in non-rural 
areas and 3280 watts peak EIRP in rural areas.
    35. Our actions today bring us closer to our goals of achieving the 
universal availability of broadband access and increasing competition 
in the provision of such broadband services both in terms of the types 
of services offered and in the technologies utilized to provide those 
services. The widespread deployment of broadband will bring new 
services to consumers, stimulate economic activity, improve national 
productivity, and advance many other objectives--such as improving 
education, and advancing economic opportunity for more Americans. By 
encouraging the growth and development of broadband, our actions today 
also foster the development of facilities-based competition. We achieve 
these objectives by taking a market-oriented approach to licensing this 
spectrum that provides greater certainty, minimal regulatory 
intervention, and leads to greater benefits to consumers.

B. Legal Basis

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

[[Page 35999]]

302, 303, 307, 308, 309, 310, 319, 324, 332, 333.

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

    37. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\8\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \9\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\10\ 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 Small Business Administration (SBA).\11\
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    \8\ 5 U.S.C. 603(b)(3).
    \9\ 5 U.S.C. 601(6).
    \10\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \11\ 15 U.S.C. 632.
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    38. The Commission has not yet determined how many licenses will be 
awarded in the 1915-1920 MHz, 1995-2000 MHz, and 2155-2180 MHz bands. 
Moreover, the Commission does not yet know how many applicants or 
licensees in these bands will be small entities. Though the Commission 
does not know for certain which entities are likely to apply for these 
frequencies, we note that the H Block and AWS-3 band are comparable to 
cellular service and personal communications service.\12\ Accordingly, 
we believe the following sorts of regulated entities might ultimately 
also be applicants or licensees in this context and thus might be 
directly affected by our contemplated rules.
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    \12\ See, e.g., AWS-2 Service Rules NPRM; AWS-3 Service Rules 
NPRM.
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    39. Small Businesses. Nationwide, there are a total of 
approximately 22.4 million small businesses, according to SBA data.\13\
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    \13\ See SBA, Programs and Services, SBA Pamphlet No. CO-0028, 
at page 40 (July 2002).
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    40. Small Organizations. Nationwide, there are approximately 1.6 
million small organizations.\14\
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    \14\ Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2002).
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    41. Small Governmental Jurisdictions. The term ``small governmental 
jurisdiction'' is defined as ``governments of cities, towns, townships, 
villages, school districts, or special districts, with a population of 
less than fifty thousand.'' \15\ As of 2002, there were approximately 
87,525 governmental jurisdictions in the United States.\16\ This number 
includes 38,967 county governments, municipalities, and townships, of 
which 37,373 (approximately 95.9%) have populations of fewer than 
50,000, and of which 1,594 have populations of 50,000 or more. Thus, we 
estimate the number of small governmental jurisdictions overall to be 
85,931 or fewer.
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    \15\ 5 U.S.C. 601(5).
    \16\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2006, Section 8, pages 272-273, Tables 415 and 417.
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    42. Wireless Telecommunications Carriers (except Satellite). Since 
2007, the Census Bureau has placed wireless firms within this new, 
broad, economic census category.\17\ Prior to that time, such firms 
were within the now-superseded categories of ``Paging'' and ``Cellular 
and Other Wireless Telecommunications.'' \18\ Under the present and 
prior categories, the SBA has deemed a wireless business to be small if 
it has 1,500 or fewer employees.\19\ Because Census Bureau data are not 
yet available for the new category, we will estimate small business 
prevalence using the prior categories and associated data. For the 
category of Paging, data for 2002 show that there were 807 firms that 
operated for the entire year.\20\ Of this total, 804 firms had 
employment of 999 or fewer employees, and three firms had employment of 
1,000 employees or more.\21\ For the category of Cellular and Other 
Wireless Telecommunications, data for 2002 show that there were 1,397 
firms that operated for the entire year.\22\ Of this total, 1,378 firms 
had employment of 999 or fewer employees, and 19 firms had employment 
of 1,000 employees or more.\23\ Thus, we estimate that the majority of 
wireless firms are small.
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    \17\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210 
Wireless Telecommunications Categories (Except Satellite)''; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
    \18\ U.S. Census Bureau, 2002 NAICS Definitions, ``517211 
Paging''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.; U.S. 
Census Bureau, 2002 NAICS Definitions, ``517212 Cellular and Other 
Wireless Telecommunications''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.
    \19\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes 
517211 and 517212 (referring to the 2002 NAICS).
    \20\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization)'' Table 5, NAICS code 517211 (issued Nov. 2005).
    \21\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
    \22\ U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Information, ``Establishment and Firm Size (Including Legal Form of 
Organization)'' Table 5, NAICS code 517212 (issued Nov. 2005).
    \23\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is for firms with ``1000 
employees or more.''
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    43. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. As noted above, the SBA has developed a small 
business size standard for ``Wireless Telecommunications Carriers 
(except Satellite)'' services.\24\ Under that SBA small business size 
standard, a business is small if it has 1,500 or fewer employees.\25\ 
According to Commission data, 432 carriers reported that they were 
engaged in the provision of wireless telephony.\26\ We have estimated 
that 221 of these are small under the SBA small business size standard.
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    \24\ 13 CFR 121.201, NAICS code 517210.
    \25\ 13 CFR 121.201, NAICS code 517210.
    \26\ FCC, Wireline Competition Bureau, Industry Analysis and 
Technology Division, ``Trends in Telephone Service'' at Table 5.3, 
page 5-5 (Feb. 2007). This source uses data that are current as of 
October 2005.
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    44. Broadband Personal Communications Service. The broadband 
personal communications services (PCS) spectrum is divided into six 
frequency blocks designated A through F, and the Commission has held 
auctions for each block. The Commission has created a small business 
size standard for Blocks C and F as an entity that has average gross 
revenues of less than $40 million in the three previous calendar 
years.\27\ For Block F, an additional small business size standard for 
``very small business'' was added and is defined as an entity that, 
together with its affiliates, has average gross revenues of not more 
than $15 million for the preceding three calendar years.\28\ These 
small business size standards, in the context of

[[Page 36000]]

broadband PCS auctions, have been approved by the SBA.\29\ No small 
businesses within the SBA-approved small business size standards bid 
successfully for licenses in Blocks A and B. There were 90 winning 
bidders that qualified as small entities in the Block C auctions. A 
total of 93 ``small'' and ``very small'' business bidders won 
approximately 40 percent of the 1,479 licenses for Blocks D, E, and 
F.\30\ On March 23, 1999, the Commission reauctioned 155 C, D, E, and F 
Block licenses; there were 113 small business winning bidders.\31\
---------------------------------------------------------------------------

    \27\ See Amendment of parts 20 and 24 of the Commission's 
Rules--Broadband PCS Competitive Bidding and the Commercial Mobile 
Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-
7852, paras. 57-60 (1996); see also 47 CFR 24.720(b).
    \28\ See Amendment of parts 20 and 24 of the Commission's 
Rules--Broadband PCS Competitive Bidding and the Commercial Mobile 
Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, 
para. 60.
    \29\ See Letter to Amy Zoslov, Chief, Auctions and Industry 
Analysis Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, from Aida Alvarez, Administrator, Small 
Business Administration, dated December 2, 1998.
    \30\ FCC News, ``Broadband PCS, D, E and F Block Auction 
Closes,'' No. 71744 (released January 14, 1997).
    \31\ See ``C, D, E, and F Block Broadband PCS Auction Closes,'' 
public notice, 14 FCC Rcd 6688 (WTB 1999).
---------------------------------------------------------------------------

    45. On January 26, 2001, the Commission completed the auction of 
422 C and F Broadband PCS licenses in Auction No. 35. Of the 35 winning 
bidders in this auction, 29 qualified as ``small'' or ``very small'' 
businesses.\32\ Subsequent events concerning Auction 35, including 
judicial and agency determinations, resulted in a total of 163 C and F 
Block licenses being available for grant.
---------------------------------------------------------------------------

    \32\ See ``C and F Block Broadband PCS Auction Closes; Winning 
Bidders Announced,'' public notice, 16 FCC Rcd 2339 (2001).
---------------------------------------------------------------------------

    46. Cellular Licensees. As noted, the SBA has developed a small 
business size standard for wireless firms within the broad economic 
census category ``Wireless Telecommunications Carriers (except 
Satellite).'' \33\ Under this category, a wireless business is small if 
it has 1,500 or fewer employees. Also, as noted, using Commission data 
we have estimated that most of these entities are small.
---------------------------------------------------------------------------

    \33\ 13 CFR 121.201, NAICS code 517210.
---------------------------------------------------------------------------

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

    47. The projected reporting, recordkeeping, and other compliance 
requirements resulting from the FNPRM will apply to all entities in the 
same manner. The Commission believes that applying the same rules 
equally to all entities in this context promotes fairness. The 
Commission does not believe that the costs and/or administrative 
burdens associated with the rules will unduly burden small entities. 
The revisions the Commission adopts should benefit small entities by 
giving them more information, more flexibility, and more options for 
gaining access to valuable wireless spectrum.
    48. Applicants for AWS licenses in the H Block and AWS-3 band will 
be required to file license applications using the Commission's 
automated Universal Licensing System (ULS). ULS is an online electronic 
filing system that also serves as a powerful information tool that 
enables potential licensees to research applications, licenses, and 
antennae structures. It also keeps the public informed with weekly 
public notices, FCC rulemakings, processing utilities, and a 
telecommunications glossary. Applicants will be required to submit 
short-form auction applications using FCC Form 175.\34\ In addition, 
winning bidders must submit long-form license applications through ULS 
using Form 601,\35\ FCC Ownership Disclosure Information for the 
Wireless Telecommunications Services using FCC Form 602, and other 
appropriate forms.\36\
---------------------------------------------------------------------------

    \34\ See generally, 47 CFR 1.2105.
    \35\ 47 CFR 1.913(a)(1).
    \36\ 47 CFR 1.2107.
---------------------------------------------------------------------------

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

    49. The RFA requires an agency to describe any significant, 
specifically small business, 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 and 
reporting requirements under the rule for such 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 such small 
entities.'' \37\
---------------------------------------------------------------------------

    \37\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    50. Here, we propose service rules that are efficient and also fair 
to all entities, including small entities. We also note that, 
specifically to assist small businesses, the associated AWS-2 NPRM and 
the AWS-3 NPRM propose to establish small business size standards and 
associated small business bidding credits for the 1915-1920 MHz, 1995-
2000 MHz, 2155-2175 MHz, and 2175-2180 MHz bands.\38\ The AWS-2 NPRM 
and the AWS-3 NPRM propose to define a small business as an entity with 
average annual gross revenues for the preceding three years not 
exceeding $40 million, and a very small business as an entity with 
average annual gross revenues for the preceding three years not 
exceeding $15 million, if licenses are not nationwide.\39\ The AWS-2 
NPRM and the AWS-3 NPRM propose a bidding credit of 15 percent for 
small businesses and a bidding credit of 25 percent for very small 
businesses under certain circumstances.\40\
---------------------------------------------------------------------------

    \38\ See AWS-2 NPRM, 19 FCC Rcd at 19307-10 para 119-124; AWS-3 
NPRM, 22 FCC Rcd at 17096-98 para 150-54.
    \39\ AWS-2 NPRM, 19 FCC Rcd at 19308-09 para 122; AWS-3 NPRM, 22 
FCC Rcd at 17097 para 152.
    \40\ AWS-2 NPRM, 19 FCC Rcd at 19309-10 para 123-24; AWS-3 NPRM, 
22 FCC Rcd at 17097-98 para 153-54.
---------------------------------------------------------------------------

    51. The AWS-2 NPRM and the AWS-3 NPRM also solicit comment on a 
number of proposals and alternatives regarding the service rules for 
the 1915-1920 MHz, 1995-2000 MHz, 2155-2175 MHz, and 2175-2180 MHz 
bands.\41\ The AWS-2 NPRM and the AWS-3 NPRM seek to adopt rules that 
will reduce regulatory burdens, promote innovate services and encourage 
flexible use of this spectrum. It opens up economic opportunities to a 
variety of spectrum users, which could include small businesses. The 
AWS-2 NPRM and the AWS-3 NPRM consider various proposals and 
alternatives partly because the Commission seeks to minimize, to the 
extent possible, the economic impact on small businesses.\42\
---------------------------------------------------------------------------

    \41\ See generally AWS-2 NPRM; AWS-3 NPRM.
    \42\ AWS-2 NPRM, 19 FCC Rcd at 19325-26 para 26-31; AWS-3 NPRM, 
22 FCC Rcd at 17106-08 para 21-25.
---------------------------------------------------------------------------

    52. The AWS-2 NPRM and the AWS-3 NPRM invite comment on various 
alternative licensing and service rules and on a number of issues 
relating to how the Commission should craft service rules for this 
spectrum, which could have an impact on small entities. For example, 
the Commission seeks comment on the licensing approach for these 
frequencies and how the size of spectrum blocks would impact small 
entities.\43\ The AWS-2 NPRM and the AWS-3 NPRM seek proposals for a 
geographic area approach to geographic areas as opposed to a station-
defined licensing approach.\44\
---------------------------------------------------------------------------

    \43\ See AWS-2 NPRM, 19 FCC Rcd at 19272-77 para 21-31; AWS-3 
NPRM, 22 FCC Rcd at 17106-08 para 34-38.
    \44\ See AWS-2 NPRM, 19 FCC Rcd at 19271-72 para 18-20; AWS-3 
NPRM, 22 FCC Rcd at 17050-51 para 31-33.
---------------------------------------------------------------------------

    53. The regulatory burdens proposed in the AWS-2 NPRM and the AWS-3 
NPRM, such as filing applications on appropriate forms, appear 
necessary in order to ensure that the public receives the benefits of 
innovative new services, or enhanced existing services, in a prompt and 
efficient manner. The Commission will continue to examine

[[Page 36001]]

alternatives in the future with the objectives of eliminating 
unnecessary regulations and minimizing any significant economic impact 
on small entities. The Commission invites comment on any additional 
significant alternatives parties believe should be considered and on 
how the approach outlined in the AWS-2 NPRM and the AWS-3 NPRM will 
impact small entities, including small businesses and small government 
entities.
    54. In addition, we seek comment on proposed rules that would 
permit licensees, including small entity licensees, to disaggregate, 
partition, and lease the spectrum. These options are helpful to small 
entities, and we seek comment on these proposals.

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

    55. None.

Ordering Clauses

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

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 27, 74, 78 and 
101 as follows:

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

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

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

    2. Section 27.1 is revised to read as follows:


Sec.  27.1  Basis and purpose.

    This section contains the statutory basis for this part of the 
rules and provides the purpose for which this part is issued.
    (a) Basis. The rules for miscellaneous wireless communications 
services (WCS) in this part are promulgated under the provisions of the 
Communications Act of 1934, as amended, that vest authority in the 
Federal Communications Commission to regulate radio transmission and to 
issue licenses for radio stations.
    (b) Purpose. This part states the conditions under which spectrum 
is made available and licensed for the provision of wireless 
communications services in the following bands.
    (1) 2305-2320 MHz and 2345-2360 MHz.
    (2) 746-763 MHz, 775-793 MHz, and 805-806 MHz.
    (3) 698-746 MHz.
    (4) 1390-1392 MHz.
    (5) 1392-1395 MHz and 1432-1435 MHz.
    (6) 1670-1675 MHz.
    (7) [Reserved]
    (8) 1710-1755 MHz and 2110-2155 MHz.
    (9) 2495-2690 MHz.
    (10) 2155-2180 MHz.
    (11) 1915-1920 MHz and 1995-2000 MHz.
    (c) Scope. The rules in this part apply only to stations authorized 
under this part.
    3. Section 27.4 is amended by adding the definitions for ``Downlink 
Fixed Station '' and ``Uplink Fixed Station'' in alphabetical order to 
read as follows:


Sec.  27.4  Terms and definitions.

* * * * *
    Downlink Fixed Station. A fixed station employed by a carrier or 
licensee to transmit to an end user's fixed station.
* * * * *
    Uplink Fixed Station. A fixed station employed by an end user to 
transmit to a carrier's or licensee's fixed stations.
* * * * *
    4. Section 27.5 is revised by adding paragraphs (j) and (k) to read 
as follows:


Sec.  27.5  Frequencies.

* * * * *
    (j) 2155-2180 MHz band. The 2155-2180 MHz band is available for 
assignment for Advanced Wireless Services.
    (k) The paired 1915-1920 MHz and 1995-2000 MHz. The paired 1915-
1920 MHz and 1995-2000 MHz bands are available for assignment for 
Advanced Wireless Services. Each winning bidder awarded a license in 
the initial AWS auction for spectrum authorizations in the 1915-1920 
MHz band must reimburse UTAM, Inc. a pro rata share of the total 
expenses incurred by UTAM, Inc. as of the date that the new entrants 
gain access to the band. Specifically, AWS licensees in the 1915-1920 
MHz band, which constitutes 25% of the 1910-1930 MHz band, shall, on a 
pro rata shared basis, reimburse 25% of the total relocation costs 
incurred by UTAM, Inc. in clearing the 1910-1930 MHz band of part 101 
Fixed Microwave Service (FS) links. We will require a winning bidder of 
an AWS H Block license (1915-1920 MHz; 1995-2000 MHz) to reimburse 
UTAM, Inc., pursuant to the following formula within 30 days of grant 
of their long-form application for the license. The amount owed will be 
determined by multiplying the net winning bid for an H Block license 
(i.e., an individual BTA) by $12,629,857 and then dividing by the sum 
of the net winning bids for all H Block licenses won in the initial 
auction. New entrants will be responsible for the actual costs 
associated with future relocation activities in their licensed 
spectrum, but will be entitled to seek reimbursement from UTAM, Inc. 
for the proportion of those band clearing costs that benefit users of 
the 1910-1915 MHz and 1920-1930 MHz band. Because the Commission's 
rules governing the relocation of FS licensees from this band and the 
right to compensation for costs associated with such relocation has 
already sunset on April 4, 2005, AWS licensees at 1915-1920 MHz are not 
responsible for reimbursing PCS entities for any costs incurred by PCS 
entities, other than those incurred by UTAM, Inc., as noted above, for 
the relocation of FS links that may otherwise have triggered a cost-
sharing obligation absent the sunset date for those rules.
    5. Section 27.6 is amending by paragraphs (a) introductory text and 
(h) to read as follows:


Sec.  27.6  Service areas.

    (a) WCS and AWS service areas include Basic Trading Areas (as 
defined in Sec.  24.202(b) of this chapter), Economic Areas (EAs), 
Major Economic Areas (MEAs), Regional Economic Area Groupings (REAGs), 
cellular markets comprising Metropolitan Statistical Areas (MSAs) and 
Rural Service Areas (RSAs), and a nationwide area. MEAs and REAGs are 
defined in the Table immediately following paragraph (a)(1) of this 
section. Both MEAs and REAGs are based on the U.S. Department of 
Commerce's EAs. See 60 FR 13114 March 10, 1995. In addition, the

[[Page 36002]]

Commission shall separately license Guam and the Northern Mariana 
Islands, Puerto Rico and the United States Virgin Islands, American 
Samoa, and the Gulf of Mexico, which have been assigned Commission-
created EA numbers 173-176, respectively. The nationwide area is 
composed of the contiguous 48 states, Alaska, Hawaii, the Gulf of 
Mexico, and the U.S. territories. Maps of the EAs, MEAs, MSAs, RSAs, 
and REAGs and the Federal Register notice that established the 172 EAs 
are available for public inspection and copying at the Reference 
Information Center, Consumer and Governmental Affairs Bureau, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554.
* * * * *
    (h) Advanced Wireless Services (AWS ). AWS service areas for the 
1710-1755 MHz and 2110-2155 MHz, 1915-1920 MHz and 1995-2000 MHz, and 
2155-2180 MHz bands are as follows:
    (1) Service areas for Block A (1710-1720 MHz and 2110-2120 MHz) are 
based on cellular markets comprising Metropolitan Statistical Areas 
(MSAs) and Rural Service Areas (RSAs) as defined by Public Notice 
Report No. CL-92-40 ``Common Carrier Public Mobile Services 
Information, Cellular MSA/RSA Markets and Counties,'' dated January 24, 
1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following 
modifications:
    (i) The service areas of cellular markets that border the U.S. 
coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. 
Gulf coastline.
    (ii) The service area of cellular market 306 that comprises the 
water area of the Gulf of Mexico extends from 12 nautical miles off the 
U.S. Gulf coast outward into the Gulf.
    (2) Service areas for Blocks B (1720-1730 MHz and 2120-2130 MHz) 
and C (1730-1735 MHz and 2130-2135 MHz) are based on Economic Areas 
(EAs) as defined in paragraph (a) of this section.
    (3) Service areas for blocks D (1735-1740 MHz and 2135-2140 MHz), E 
(1740-1745 MHz and 2140-2145 MHz) and F (1745-1755 MHz and 2145-2155 
MHz) are based on Regional Economic Area Groupings (REAGs) as defined 
by paragraph (a) of this section.
    (4) The service areas for 1915-1920 and 1995-2000 MHz Service are 
based on Basic Trading Areas as defined in paragraph (a) of this 
section.
    (5) The service area for 2155-2180 MHz is nationwide as defined by 
paragraph (a) of this section.
    6. Section 27.11 is amended by adding paragraphs (j) and (k) to 
read as follows:


Sec.  27.11  Initial authorization.

* * * * *
    (j) 2155-2180 MHz band. Authorization for the 2155-2180 MHz band 
shall consist of a single 25 megahertz block of spectrum based on the 
geographic area specified in Sec.  27.6(h).
    (k) The paired 1915-1920 MHz and 1995-2000 MHz bands. 
Authorizations for the paired 1915-1920 MHz and 1995-2000 MHz bands 
shall consist of two paired channels of 5 megahertz each based on the 
geographic areas specified in Sec.  27.6(h).
    7. Section 27.13 is amended by adding paragraphs (i) and (j) to 
read as follows:


Sec.  27.13  License period.

* * * * *
    (i) 2155-2180 MHz band. Initial authorizations for the 2155-2180 
MHz band will have a term not to exceed ten years from the date of 
initial issuance or renewal.
    (j) The paired 1915-1920 MHz and 1995-2000 MHz bands. Initial 
authorizations for the paired 1915-1920 MHz and 1995-2000 MHz bands 
will have a term not to exceed ten years from the date of initial 
issuance or renewal.
    8. Section 27.14 is revised to read as follows:


Sec.  27.14  Construction requirements; Criteria for renewal.

    (a) AWS and WCS licensees, with the exception of WCS licensees 
holding authorizations for Block A in the 698-704 MHz and 728-734 MHz 
bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 
722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz and 776-787 MHz 
bands, or Block D in the 758-763 MHz and 788-793 MHz bands, and with 
the exception of AWS licensees holding authorizations in the 1915-1920 
MHz, 1995-2000 MHz, and 2155-2180 MHz bands, must, as a performance 
requirement, make a showing of ``substantial service'' in their license 
area within the prescribed license term set forth in Sec.  27.13. 
``Substantial service'' is defined as service which is sound, favorable 
and substantially above a level of mediocre service which just might 
minimally warrant renewal. Failure by any licensee to meet this 
requirement will result in forfeiture of the license and the licensee 
will be ineligible to regain it.
    (b) A renewal applicant involved in a comparative renewal 
proceeding shall receive a preference, commonly referred to as a 
renewal expectancy, which is the most important comparative factor to 
be considered in the proceeding, if its past record for the relevant 
license period demonstrates that:
    (1) The renewal applicant has provided ``substantial'' service 
during its past license term; and
    (2) The renewal applicant has substantially complied with 
applicable FCC rules, policies and the Communications Act of 1934, as 
amended.
    (c) In order to establish its right to a renewal expectancy, a WCS 
renewal applicant involved in a comparative renewal proceeding must 
submit a showing explaining why it should receive a renewal expectancy. 
At a minimum, this showing must include:
    (1) A description of its current service in terms of geographic 
coverage and population served;
    (2) An explanation of its record of expansion, including a 
timetable of new construction to meet changes in demand for service;
    (3) A description of its investments in its WCS system; and
    (4) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or policy; and a list of any 
pending proceedings that relate to any matter described in this 
paragraph.
    (d) In making its showing of entitlement to a renewal expectancy, a 
renewal applicant may claim credit for any system modification 
applications that were pending on the date it filed its renewal 
application. Such credit will not be allowed if the modification 
application is dismissed or denied.
    (e) Comparative renewal proceedings do not apply to AWS licensees 
holding authorizations in the 1915-1920 MHz, 1995-2000 MHz, and 2155-
2180 MHz bands or to WCS licensees holding authorizations for Block A 
in the 698-704 MHz, 728-734 MHz bands, Block B in the 704-710 MHz and 
734-740 MHz bands, Block C in the 710-716 MHz and 740-746 MHz bands, 
Block D in the 716-722 MHz band, Block E in the 722-728 MHz band, Block 
C, C1, or C2 in the 746-757 MHz and 776-787 MHz bands, or Block D in 
the 758-763 MHz and 788-793 MHz bands. Each of these licensees must 
file a renewal application in accordance with the provisions set forth 
in Sec.  1.949 of this chapter, and must make a showing of substantial 
service, independent of its performance requirements, as a condition 
for renewal at the end of each license term.
    (f) Comparative renewal proceedings do not apply to WCS licensees 
holding authorizations for the 698-746 MHz, 747-762 MHz, and 777-792 
MHz bands. These licensees must file a renewal application in 
accordance with the

[[Page 36003]]

provisions set forth in Sec.  1.949 of this chapter.
    (g) WCS licensees holding EA authorizations for Block A in the 698-
704 MHz and 728-734 MHz bands, cellular market authorizations for Block 
B in the 704-710 MHz and 734-740 MHz bands, or EA authorizations for 
Block E in the 722-728 MHz band, if the results of the first auction in 
which licenses for such authorizations are offered satisfy the reserve 
price for the applicable block, shall provide signal coverage and offer 
service over at least 35 percent of the geographic area of each of 
their license authorizations no later than February 17, 2013 (or within 
four years of initial license grant if the initial authorization in a 
market is granted after February 17, 2009), and shall provide such 
service over at least 70 percent of the geographic area of each of 
these authorizations by the end of the license term. In applying these 
geographic benchmarks, licensees are not required to include land owned 
or administered by government as a part of the relevant service area. 
Licensees may count covered government land for purposes of meeting 
their geographic construction benchmark, but are required to add the 
covered government land to the total geographic area used for 
measurement purposes. Licensees are required to include those populated 
lands held by tribal governments and those held by the Federal 
Government in trust or for the benefit of a recognized tribe.
    (1) If an EA or CMA licensee holding an authorization in these 
particular blocks fails to provide signal coverage and offer service 
over at least 35 percent of the geographic area of its license 
authorization by no later than February 17, 2013 (or within four years 
of initial license grant, if the initial authorization in a market is 
granted after February 17, 2009), the term of that license 
authorization will be reduced by two years and such licensee may be 
subject to enforcement action, including forfeitures. In addition, an 
EA or CMA licensee that provides signal coverage and offers service at 
a level that is below this interim benchmark may lose authority to 
operate in part of the remaining unserved areas of the license.
    (2) If any such EA or CMA licensee fails to provide signal coverage 
and offer service to at least 70 percent of the geographic area of its 
license authorization by the end of the license term, that licensee's 
authorization will terminate automatically without Commission action 
for those geographic portions of its license in which the licensee is 
not providing service, and those unserved areas will become available 
for reassignment by the Commission. Such licensee may also be subject 
to enforcement action, including forfeitures. In addition, an EA or CMA 
licensee that provides signal coverage and offers service at a level 
that is below this end-of-term benchmark may be subject to license 
termination. In the event that a licensee's authority to operate in a 
license area terminates automatically without Commission action, such 
areas will become available for reassignment pursuant to the procedures 
in paragraph (j) of this section.
    (3) For licenses under paragraph (g) of this section, the 
geographic service area to be made available for reassignment must 
include a contiguous area of at least 130 square kilometers (50 square 
miles), and areas smaller than a contiguous area of at least 130 square 
kilometers (50 square miles) will not be deemed unserved.
    (h) WCS licensees holding REAG authorizations for Block C in the 
746-757 MHz and 776-787 MHz bands or REAG authorizations for Block C2 
in the 752-757 MHz and 782-787 MHz bands shall provide signal coverage 
and offer service over at least 40 percent of the population in each EA 
comprising the REAG license area no later than February 17, 2013 (or 
within four years of initial license grant, if the initial 
authorization in a market is granted after February 17, 2009), and 
shall provide such service over at least 75 percent of the population 
of each of these EAs by the end of the license term. For purposes of 
compliance with this requirement, licensees should determine population 
based on the most recently available U.S. Census Data.
    (1) If a licensee holding a Block C authorization fails to provide 
signal coverage and offer service over at least 40 percent of the 
population in each EA comprising the REAG license area by no later than 
February 17, 2013 (or within four years of initial license grant if the 
initial authorization in a market is granted after February 17, 2009), 
the term of the license authorization will be reduced by two years and 
such licensee may be subject to enforcement action, including 
forfeitures. In addition, a licensee that provides signal coverage and 
offers service at a level that is below this interim benchmark may lose 
authority to operate in part of the remaining unserved areas of the 
license.
    (2) If a licensee holding a Block C authorization fails to provide 
signal coverage and offer service over at least 75 percent of the 
population in any EA comprising the REAG license area by the end of the 
license term, for each such EA that licensee's authorization will 
terminate automatically without Commission action for those geographic 
portions of its license in which the licensee is not providing service. 
Such licensee may also be subject to enforcement action, including 
forfeitures. In the event that a licensee's authority to operate in a 
license area terminates automatically without Commission action, such 
areas will become available for reassignment pursuant to the procedures 
in paragraph (j) of this section. In addition, a REAG licensee that 
provides signal coverage and offers service at a level that is below 
this end-of-term benchmark within any EA may be subject to license 
termination within that EA.
    (3) For licenses under paragraph (h) of this section, the 
geographic service area to be made available for reassignment must 
include a contiguous area of at least 130 square kilometers (50 square 
miles), and areas smaller than a contiguous area of at least 130 square 
kilometers (50 square miles) will not be deemed unserved.
    (i) WCS licensees holding EA authorizations for Block A in the 698-
704 MHz and 728-734 MHz bands, cellular market authorizations for Block 
B in the 704-710 MHz and 734-740 MHz bands, or EA authorizations for 
Block E in the 722-728 MHz band, if the results of the first auction in 
which licenses for such authorizations in Blocks A, B, and E are 
offered do not satisfy the reserve price for the applicable block, as 
well as EA authorizations for Block C1 in the 746-752 MHz and 776-782 
MHz bands, are subject to the following:
    (1) If a licensee holding a cellular market area or EA 
authorization subject to this paragraph (i) fails to provide signal 
coverage and offer service over at least 40 percent of the population 
in its license area by no later than February 17, 2013 (or within four 
years of initial license grant, if the initial authorization in a 
market is granted after February 17, 2009), the term of that license 
authorization will be reduced by two years and such licensee may be 
subject to enforcement action, including forfeitures. In addition, such 
licensee that provides signal coverage and offers service at a level 
that is below this interim benchmark may lose authority to operate in 
part of the remaining unserved areas of the license. For purposes of 
compliance with this requirement, licensees should determine population 
based on the most recently available U.S. Census Data.
    (2) If a licensee holding a cellular market area or EA 
authorization subject to this paragraph (i) fails to provide signal 
coverage and offer service over at

[[Page 36004]]

least 75 percent of the population in its license area by the end of 
the license term, that licensee's authorization will terminate 
automatically without Commission action for those geographic portions 
of its license in which the licensee is not providing service, and 
those unserved areas will become available for reassignment by the 
Commission. Such licensee may also be subject to enforcement action, 
including forfeitures. In the event that a licensee's authority to 
operate in a license area terminates automatically without Commission 
action, such areas will become available for reassignment pursuant to 
the procedures in paragraph (j) of this section. In addition, such a 
licensee that provides signal coverage and offers service at a level 
that is below this end-of-term benchmark may be subject to license 
termination. For purposes of compliance with this requirement, 
licensees should determine population based on the most recently 
available U.S. Census Data.
    (3) For licenses under this paragraph (i), the geographic service 
area to be made available for reassignment must include a contiguous 
area of at least 130 square kilometers (50 square miles), and areas 
smaller than a contiguous area of at least 130 square kilometers (50 
square miles) will not be deemed unserved.
    (j) In the event that a licensee's authority to operate in a 
license area terminates automatically under paragraphs (g), (h), (i), 
(p) or (q) of this section, such areas will become available for 
reassignment pursuant to the following procedures:
    (1) The Wireless Telecommunications Bureau is delegated authority 
to announce by public notice that these license areas will be made 
available and establish a 30-day window during which third parties may 
file license applications to serve these areas. During this 30-day 
period, licensees that had their authority to operate terminate 
automatically for unserved areas may not file applications to provide 
service to these areas. Applications filed by third parties that 
propose areas overlapping with other applications will be deemed 
mutually exclusive, and will be resolved through an auction. The 
Wireless Telecommunications Bureau, by public notice, may specify a 
limited period before the filing of short-form applications (FCC Form 
175) during which applicants may enter into a settlement to resolve 
their mutual exclusivity, subject to the provisions of Sec.  1.935 of 
this chapter.
    (2) Following this 30-day period, the original licensee and third 
parties can file license applications for remaining unserved areas 
where licenses have not been issued or for which there are no pending 
applications. If the original licensee or a third party files an 
application, that application will be placed on public notice for 30 
days. If no mutually exclusive application is filed, the application 
will be granted, provided that a grant is found to be in the public 
interest. If a mutually exclusive application is filed, it will be 
resolved through an auction. The Wireless Telecommunications Bureau, by 
public notice, may specify a limited period before the filing of short-
form applications (FCC Form 175) during which applicants may enter into 
a settlement to resolve their mutual exclusivity, subject to the 
provisions of Sec.  1.935 of this chapter.
    (3) The licensee will have one year from the date the new license 
is issued to complete its construction and provide signal coverage and 
offer service over 100 percent of the geographic area of the new 
license area. If the licensee fails to meet this construction 
requirement, its license will automatically terminate without 
Commission action and it will not be eligible to apply to provide 
service to this area at any future date.
    (k) AWS and WCS licensees holding authorizations in the spectrum 
blocks enumerated in paragraphs (g), (h), (i), (p), or (q) of this 
section, including any licensee that obtained its license pursuant to 
the procedures set forth in paragraph (j) of this section, shall 
demonstrate compliance with performance requirements by filing a 
construction notification with the Commission, within 15 days of the 
expiration of the applicable benchmark, in accordance with the 
provisions set forth in Sec.  1.946(d) of this chapter. The licensee 
must certify whether it has met the applicable performance 
requirements. The licensee must file a description and certification of 
the areas for which it is providing service. The construction 
notifications must include electronic coverage maps, supporting 
technical documentation and any other information as the Wireless 
Telecommunications Bureau may prescribe by public notice.
    (l) AWS and WCS licensees holding authorizations in the spectrum 
blocks enumerated in paragraphs (g), (h), (i), (p), or (q) of this 
section, excluding any licensee that obtained its license pursuant to 
the procedures set forth in paragraph (j) of this section, shall file 
reports with the Commission that provide the Commission, at a minimum, 
with information concerning the status of their efforts to meet the 
performance requirements applicable to their authorizations in such 
spectrum blocks and the manner in which that spectrum is being 
utilized. The information to be reported will include the date the 
license term commenced, a description of the steps the licensee has 
taken toward meeting its construction obligations in a timely manner, 
including the technology or technologies and service(s) being provided, 
and the areas within the license area in which those services are 
available.
    (1) Each WCS licensee holding an authorization in the spectrum 
blocks enumerated in paragraphs (g), (h), or (i) of this section shall 
file its first report with the Commission no later than February 17, 
2011 and no sooner than 30 days prior to this date. Each licensee that 
meets its interim benchmarks shall file a second report with the 
Commission no later than February 17, 2016 and no sooner than 30 days 
prior to this date. Each licensee that does not meet its interim 
benchmark shall file this second report no later than on February 17, 
2015 and no sooner than 30 days prior to this date.
    (2) Each AWS licensee holding an authorization in the spectrum 
blocks enumerated in paragraphs (p) or (q) of this section shall file 
its first report with the Commission no later than two years from the 
date on which the original license was issued and no sooner than 30 
days prior to this date. Each licensee that meets its interim 
benchmarks shall file a second report with the Commission no later than 
seven years from the date on which the original license was issued and 
no sooner than 30 days prior to this date. Each licensee that does not 
meet its interim benchmark shall file this second report no later than 
six years from the date on which the original license was issued and no 
sooner than 30 days prior to this date.
    (m) The WCS licensee holding the authorization for the D Block in 
the 758-763 MHz and 788-793 MHz bands (the Upper 700 MHz D Block 
licensee) shall comply with the following construction requirements.
    (1) The Upper 700 MHz D Block licensee shall provide a signal 
coverage and offer service over at least 75 percent of the population 
of the nationwide Upper 700 MHz D Block license area within four years 
from February 17, 2009, 95 percent of the population of the nationwide 
license area within seven years, and 99.3 percent of the population of 
the nationwide license area within ten years.
    (2) The Upper 700 MHz D Block licensee may modify, to a limited 
degree, its population-based construction benchmarks with the agreement 
of the Public Safety

[[Page 36005]]

Broadband Licensee and the prior approval of the Commission, where such 
a modification would better serve to meet commercial and public safety 
needs.
    (3) The Upper 700 MHz D Block licensee shall meet the population 
benchmarks based on a performance schedule specified in the Network 
Sharing Agreement, taking into account performance pursuant to Sec.  
27.1327 as appropriate under that rule, and using the most recently 
available U.S. Census Data. The network and signal levels employed to 
meet these benchmarks must be adequate for public safety use, as 
defined in the Network Sharing Agreement, and the services made 
available must include those appropriate for public safety entities 
that operate in those areas. The schedule shall include coverage for 
major highways and interstates, as well as such additional areas that 
are necessary to provide coverage for all incorporated communities with 
a population in excess of 3,000, unless the Public Safety Broadband 
Licensee and the Upper 700 MHz D Block licensee jointly determine, in 
consultation with a relevant community, that such additional coverage 
will not provide significant public benefit.
    (4) The Upper 700 MHz D Block licensee shall demonstrate compliance 
with performance requirements by filing a construction notification 
with the Commission within 15 days of the expiration of the applicable 
benchmark, in accordance with the provisions set forth in Sec.  
1.946(d) of this chapter. The licensee must certify whether it has met 
the applicable performance requirement and must file a description and 
certification of the areas for which it is providing service. The 
construction notifications must include the following:
    (i) Certifications of the areas that were scheduled for 
construction and service by that date under the Network Sharing 
Agreement for which it is providing service, the type of service it is 
providing for each area, and the type of technology it is utilizing to 
provide this service.
    (ii) Electronic coverage maps and supporting technical 
documentation providing the assumptions used by the licensee to create 
the coverage maps, including the propagation model and the signal 
strength necessary to provide service.
    (n) At the end of its license term, the Upper 700 MHz D Block 
licensee must, in order to renew its license, make a showing of its 
success in meeting the material requirements set forth in the Network 
Sharing Agreement as well as all other license conditions, including 
the performance benchmark requirements set forth in this section.
    (p) AWS licensees holding authorizations in the 1915-1920 MHz and 
1995-2000 MHz shall provide signal coverage and offer service to at 
least 35 percent of the population in each licensed area within four 
years of the date on which the original license was issued and at least 
70 percent of the population in each licensed area at the end of the 
license term.
    (1) If any AWS licensee holding an authorization in the 1915-1920 
MHz and 1995-2000 MHz bands fails to provide signal coverage and offer 
service to at least 35 percent of the population in the licensed area 
within four years of the date on which the original license was issued, 
the term of that license authorization will be reduced by two years and 
such licensee may be subject to enforcement action, including 
forfeitures. In addition, the licensee may lose authority to operate in 
part of the remaining unserved areas of the license.
    (2) If any AWS licensee holding an authorization in the 1915-1920 
MHz and 1995-2000 MHz fails to provide signal coverage and offer 
service to at least 70 percent of the population in each licensed area 
at the end of the license term, that licensee's authorization will 
terminate automatically without Commission action for those geographic 
portions of its license in which the licensee is not providing service, 
and those unserved areas will become available for reassignment by the 
Commission. Such licensee may also be subject to enforcement action, 
including forfeitures. In addition, a licensee that provides signal 
coverage and offers service at a level that is below the end-of-term 
benchmark may be subject to license termination. In the event that a 
licensee's authority to operate in a license area terminates 
automatically without Commission action, such areas will become 
available for reassignment pursuant to the procedures in paragraph (j) 
of this section.
    (3) For licenses under paragraphs (g), (h), and (i), the geographic 
service area to be made available to new entrants must include a 
contiguous area of at least 130 square kilometers (50 square miles), 
and areas smaller than a contiguous area of at least 130 square 
kilometers (50 square miles) will not be deemed unserved.
    (4) To demonstrate compliance with these performance requirements, 
licensees shall use the most recently available U.S. Census Data at the 
time of measurement and shall base their measurements of population 
served on areas no larger than the Census Tract level. The population 
within a specific Census Tract (or other acceptable identifier) will 
only be deemed served by the licensee if it provides signal coverage to 
and offers service within the specific Census Tract (or other 
acceptable identifier). To the extent the Census Tract (or other 
acceptable identifier) extends beyond the boundaries of a license area, 
a licensee with authorizations for such areas may only include the 
population within the Census Tract (or other acceptable identifier) 
towards meeting the performance requirement of a single, individual 
license.
    (q) Any AWS licensee holding an authorization in the 2155-2180 MHz 
band shall provide signal coverage and offer service to at least 50 
percent of the total U.S. population within four years of the date on 
which the original license was issued and at least 95 percent of the 
total U.S. population at the end of the license term. If any licensee 
in this band elects not to meet its performance requirements based on 
the percent of the U.S. population served, it shall provide signal 
coverage and offer service to at least 35 percent of the population in 
each Cellular Market Area (CMA) or Economic Area (EA) in its licensed 
area within four years and at least 70 percent of the population in 
each CMA or EA in its licensed area at the end of the license term.
    (1) If any AWS licensee holding an authorization in the 2155-2180 
MHz band fails to establish that it meets the applicable performance 
requirement within four years of the date on which the original license 
was issued, the term of that license authorization will be reduced by 
two years and such licensee may be subject to enforcement action, 
including forfeitures. In addition, the licensee may lose authority to 
operate in part of the remaining unserved areas of the license.
    (2) If any AWS licensee holding an authorization in the 2155-2180 
MHz band fails to establish that it meets the applicable performance 
requirement at the end of the license term, that licensee's 
authorization will terminate automatically without Commission action 
for those geographic portions of its license in which the licensee is 
not providing service, and those unserved areas will become available 
for reassignment by the Commission. Such licensee may also be subject 
to enforcement action, including forfeitures. In addition, a licensee 
that provides signal coverage and offers service at a level that is 
below the end-of-term benchmark may be subject to

[[Page 36006]]

license termination. In the event that a licensee's authority to 
operate in a license area terminates automatically without Commission 
action, such areas will become available for reassignment pursuant to 
the procedures in paragraph (j) of this section.
    9. Section 27.15 is revised to read as follows:


Sec.  27.15  Geographic partitioning and spectrum disaggregation.

    (a) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request from the Commission an authorization for 
partial assignment of a license pursuant to Sec.  1.948 of this 
chapter.
    (2) AWS and WCS licensees may apply to partition their licensed 
geographic service area or disaggregate their licensed spectrum at any 
time following the grant of their licenses.
    (b) Technical Standards: (1) Partitioning. In the case of 
partitioning, applicants and licensees must file FCC Form 603 pursuant 
to Sec.  1.948 of this chapter and list the partitioned service area on 
a schedule to the application. The geographic coordinates must be 
specified in degrees, minutes, and seconds to the nearest second of 
latitude and longitude and must be based upon the 1983 North American 
Datum (NAD83).
    (2) Disaggregation. Spectrum may be disaggregated in any amount.
    (3) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignment of licenses that propose 
combinations of partitioning and disaggregation.
    (4) Signal levels. For purposes of partitioning and disaggregation, 
part 27 systems must be designed so as not to exceed the signal level 
specified for the particular spectrum block in Sec.  27.55 at the 
licensee's service area boundary, unless the affected adjacent service 
area licensees have agreed to a different signal level.
    (c) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term as provided for in Sec.  27.13.
    (d) Compliance with construction requirements: (1) Partitioning. 
(i) Except for AWS licensees in the 1915-1920 MHz, 1995-2000 MHz, and 
2155-2180 MHz bands and WCS licensees holding authorizations for Block 
A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz 
and 734-740 MHz bands, Block E in the 722-728 MHz band, Blocks C, C1, 
or C2 in the 746-757 MHz and 776-787 MHz bands, or Block D in the 758-
763 MHz and 788-793 MHz bands, the following rules apply to WCS and AWS 
licensees holding authorizations for purposes of implementing the 
construction requirements set forth in Sec.  27.14. Parties to 
partitioning agreements have two options for satisfying the 
construction requirements set forth in Sec.  27.14. Under the first 
option, the partitioner and partitionee each certifies that it will 
independently satisfy the substantial service requirement for its 
respective partitioned area. If a licensee subsequently fails to meet 
its substantial service requirement, its license will be subject to 
automatic cancellation without further Commission action. Under the 
section option, the partitioner certifies that it has met or will meet 
the substantial service requirement for the entire, pre-partitioned 
geographic service area. If the partitioner subsequently fails to meet 
its substantial service requirement, only its license will be subject 
to automatic cancellation without further Commission action.
    (ii) For AWS licensees in the 1915-1920 MHz, 1995-2000 MHz, and 
2155-2180 MHz bands and WCS licensees holding authorizations for Block 
A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz 
and 734-740 MHz bands, Block E in the 722-728 MHz band, or Blocks C, 
C1, and C2 in the 746-757 MHz and 776-787 MHz bands, the following 
rules apply for purposes of implementing the construction requirements 
set forth in Sec.  27.14. Parties to partitioning agreements have two 
options for satisfying the construction requirements set forth in Sec.  
27.14. Under the first option, the partitioner and partitionee each 
certifies that they will collectively share responsibility for meeting 
the construction requirement for the entire pre-partition geographic 
license area. If the partitioner and partitionee collectively fail to 
meet the construction requirement, then both the partitioner and 
partitionee will be subject to the consequences enumerated in Sec.  
27.14(g) and (h) for this failure. Under the second option, the 
partitioner and partitionee each certifies that it will independently 
meet the construction requirement for its respective partitioned 
license area. If the partitioner or partitionee fails to meet the 
construction requirement for its respective partitioned license area, 
then the consequences for this failure shall be those enumerated in 
Sec.  27.14(g) and (h).
    (2) Disaggregation. (i) Except for AWS licensees in the 1915-1920 
MHz, 1995-2000 MHz, and 2155-2180 MHz bands and WCS licensees holding 
authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, 
Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 722-
728 MHz band, Blocks C, C1, or C2 in the 746-757 MHz and 776-787 MHz 
bands, or Block D in the 758-763 MHz and 788-793 MHz bands, the 
following rules apply to WCS and AWS licensees holding authorizations 
for purposes of implementing the construction requirements set forth in 
Sec.  27.14. Parties to disaggregation agreements have two options for 
satisfying the construction requirements set forth in Sec.  27.14. 
Under the first option, the disaggregator and disaggregatee each 
certifies that it will share responsibility for meeting the substantial 
service requirement for the geographic service area. If the parties 
choose this option and either party subsequently fails to satisfy its 
substantial service responsibility, both parties' licenses will be 
subject to forfeiture without further Commission action. Under the 
second option, both parties certify either that the disaggregator or 
the disaggregatee will meet the substantial service requirement for the 
geographic service area. If the parties choose this option, and the 
party responsible subsequently fails to meet the substantial service 
requirement, only that party's license will be subject to forfeiture 
without further Commission action.
    (ii) For AWS licensees in the 1915-1920 MHz, 1995-2000 MHz, and 
2155-2180 MHz bands and WCS licensees holding authorizations for Block 
A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz 
and 734-740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, 
C1, or C2 in the 746-757 MHz and 776-787 MHz bands, the following rules 
apply for purposes of implementing the construction requirements set 
forth in Sec.  27.14. If either the disaggregator or the disaggregatee 
meets the construction requirements set forth in Sec.  27.14, then 
these requirements will be considered to be satisfied for both parties. 
If neither the disaggregator nor the disaggregatee meets the 
construction requirements, then both parties will be subject to the 
consequences enumerated in Sec.  27.14(g) and (h) for this failure.
    10. Section 27.16 is revised to read as follows:


Sec.  27.16.  Network access requirements for Block C in the 746-757 
and 776-787 MHz bands and for the 2155-2180 MHz band (the AWS-3 Band).

    (a) Applicability. This section shall apply only to the 
authorizations for Block C in the 746-757 and 776-787 MHz bands (700 C 
Block) assigned as a result of Auction 73 and to the 2155-2180 MHz band 
(AWS-3 Band).

[[Page 36007]]

    (b) Use of devices and applications. Licensees offering service on 
the 700 C Block and the licensee offering premium or paid services on 
the AWS-3 Band subject to this section shall not deny, limit, or 
restrict the ability of their customers to use the devices and 
applications of their choice on the licensee's network, and the 
licensee providing free broadband service on the AWS-3 band subject to 
this section shall not deny, limit, or restrict the ability of their 
customers to use the devices of their choice on the licensee's network, 
except:
    (1) Insofar as such use would not be compliant with published 
technical standards reasonably necessary for the management or 
protection of the licensee's network,
    (2) Licensees or lessees providing free broadband service required 
under Sec.  27.1192 of this part shall not deny, limit, or restrict the 
ability of users to use the devices of their choice on the licensee's 
or lessee's network, or
    (3) As required to comply with statute or applicable government 
regulation.
    (c) Technical standards. For purposes of paragraph (b)(1) of this 
section:
    (1) Standards shall include technical requirements reasonably 
necessary for third parties to access a licensee's network via devices 
or applications without causing objectionable interference to other 
spectrum users or jeopardizing network security. The potential for 
excessive bandwidth demand alone shall not constitute grounds for 
denying, limiting or restricting access to the network, except as 
provided in Sec.  27.1192(a)(2) part for the AWS-3 Band.
    (2) To the extent a licensee relies on standards established by an 
independent standards-setting body which is open to participation by 
representatives of service providers, equipment manufacturers, 
application developers, consumer organizations, and other interested 
parties, the standards will carry a presumption of reasonableness.
    (3) A licensee shall publish its technical standards, which shall 
be non-proprietary, no later than the time at which it makes such 
standards available to any preferred vendors, so that the standards are 
readily available to customers, equipment manufacturers, application 
developers, and other parties interested in using or developing 
products for use on a licensee's networks.
    (d) Access requests. (1) Licensees shall establish and publish 
clear and reasonable procedures for parties to seek approval to use 
devices or applications on the licensees' networks. A licensee must 
also provide to potential customers notice of the customers' rights to 
request the attachment of a device or application to the licensee's 
network, and notice of the licensee's process for customers to make 
such requests, including the relevant network criteria.
    (2) If a licensee determines that a request for access would 
violate its technical standards or regulatory requirements, the 
licensee shall expeditiously provide a written response to the 
requester specifying the basis for denying access and providing an 
opportunity for the requester to modify its request to satisfy the 
licensee's concerns.
    11. Section 27.50(d) is revised 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, 1915-1920 MHz, 1995-2000 
MHz, and 2110-2180 MHz bands:
    (1) The power of each fixed or base station transmitting in the 
1995-2000 MHz and 2110-2155 MHz bands and each base or downlink fixed 
station transmitting in the 2155-2180 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:
    (i) An equivalent isotropically radiated power (EIRP) of 3280 watts 
when transmitting with an emission bandwidth of 1 MHz or less;
    (ii) 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 
1995-2000 MHz and 2110-2155 MHz band and each base or downlink fixed 
station transmitting in the 2155-2180 MHz band, and located in any 
geographic location other than that described in paragraph (d)(1) of 
this section is limited to:
    (i) An equivalent isotropically radiated power (EIRP) of 1640 watts 
when transmitting with an emission bandwidth of 1 MHz or less;
    (ii) 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 or a base or downlink fixed station in the 2155-2180 MHz band 
and utilizing a power greater than 1640 watts EIRP and greater than 
1640 watts/MHz EIRP must coordinate such operations 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 
Government and non-Government satellite entities in the 2025-2110 MHz 
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 
2110-2180 MHz band.
    (4) Fixed, mobile, and portable (hand-held) stations operating in 
the 1710-1755 MHz band are limited to 1 watt (W) EIRP. Fixed stations 
operating in the 1710-1755 MHz band are limited to a maximum antenna 
height of 10 meters above ground. Uplink fixed stations operating in 
the 1915-1920 MHz and 2155-2180 MHz bands are limited to 2 watts/MHz 
(W/MHz) peak EIRP. Mobile and portable stations operating in the 1915-
1920 MHz and 2155-2180 MHz bands are limited to 200 milliwatts/MHz (mW/
MHz) peak EIRP. Mobile and portable stations operating in the 1710-1755 
MHz, 1915-1920 MHz, and 2155-2180 MHz bands 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. 27.51. Except for mobile, portable, and uplink fixed 
stations operating in the 1915-1920 MHz and 2155-2180 MHz bands, 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.
* * * * *
    12. In Sec.  27.53 paragraph (h) is revised to read as follows:

[[Page 36008]]

Sec.  27.53  Emission limits.

* * * * *
    (h) For operations in the 1710-1755 MHz, 1915-1920 MHz, 1995-2000 
MHz, and 2110-2180 MHz bands, the power of any emission outside a 
licensee's frequency block shall be attenuated in accordance with the 
following:
    (1) For all operations in the 1710-1755 MHz, 1995-2000 MHz, and 
2110-2155 MHz bands and for all base and downlink fixed station 
operations in the 2155-2180 MHz band, the power of any emission outside 
a licensee's frequency block shall be attenuated below the transmitter 
power (P) by at least 43 + 10 log10 (P) dB;
    (2) For all mobile, portable, and uplink fixed station operations 
in the 2155-2180 MHz band, the power of any emission outside a 
licensee's frequency block shall be attenuated below the transmitter 
power (P) by at least 60 + 10 log10 (P) dB;
    (3) For all operations in the 1915-1920 MHz band, the power of any 
emission outside a licensee's frequency block shall be attenuated below 
the transmitter power (P) by at least 43 + 10 log10 (P) dB and the 
power of any emission on frequencies above 1930 MHz shall be attenuated 
below the transmitter power (P) by at least 90 + 10 log10 (P) dB;
    (4) Compliance with these provisions are based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 
megahertz or greater. However, in the 1 megahertz bands immediately 
outside and adjacent to the licensee's frequency block, a resolution 
bandwidth of at least one percent of the emission bandwidth of the 
fundamental emission of the transmitter may be employed. The emission 
bandwidth is defined as the width of the signal between two points, one 
below the carrier center frequency and one above the carrier center 
frequency, outside of which all emissions are attenuated at least 26 dB 
below the transmitter power;
    (5) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the licensee's frequency block 
edges, both upper and lower, as the design permits;
    (6) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power.
* * * * *
    13. Section 27.55 is revised to read as follows:


Sec.  27.55  Power strength limits.

    (a) Field strength limits. For the following bands, 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 unless the adjacent affected service area licensee(s) 
agree(s) to a different field strength. This value applies to both the 
initially offered service areas and to partitioned service areas.
    (1) 1995-2000, 2110-2180, 2305-2320 and 2345-2360 MHz bands: 47 
dB[mu]V/m.
    (2) 698-758 and 775-787 MHz bands: 40 dB[mu]V/m.
    (3) The paired 1392-1395 MHz and 1432-1435 MHz bands and the 
unpaired 1390-1392 MHz band (1.4 GHz band): 47 dB[mu]V/m.
    (4) BRS and EBS: 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 unless the adjacent affected 
service area licensee(s) agree(s) to a different field strength. This 
value applies to both the initially offered services areas and to 
partitioned services areas. Licensees may exceed this signal level 
where there is no affected licensee that is constructed and providing 
service. Once the affected licensee is providing service, the original 
licensee will be required to take whatever steps necessary to comply 
with the applicable power level at its GSA boundary, absent consent 
from the affected licensee.
    (i) Prior to transition, the signal strength at any point along the 
licensee's GSA boundary does not exceed the greater of that permitted 
under the licensee's Commission authorizations as of January 10, 2005 
or 47 dB[mu]V/m.
    (ii) Following transition, for stations in the LBS and UBS, the 
signal strength at any point along the licensee's GSA boundary must not 
exceed 47 dB[mu]V/m. This field strength is to be measured at 1.5 
meters above the ground over the channel bandwidth (i.e., each 5.5 MHz 
channel for licensees that hold a full channel block, and for the 5.5 
MHz channel for licensees that hold individual channels).
    (iii) Following transition, for stations in the MBS, the signal 
strength at any point along the licensee's GSA boundary must not exceed 
the greater of -73.0 + 10 log(X/6) dBW/m2 , where X is the bandwidth in 
megahertz of the channel, or for facilities that are substantially 
similar to the licensee's pre-transition facilities (including 
modifications that do not alter the fundamental nature or use of the 
transmissions), the signal strength at such point that resulted from 
the station's operations immediately prior to the transition, provided 
that such operations complied with paragraph (a)(4)(i) of this section.
    (b) Power flux density limit for stations operating in the 698-746 
MHz bands. For base and fixed stations operating in the 698-746 MHz 
band in accordance with the provisions of Sec.  27.50(c)(6), the power 
flux density that would be produced by such stations through a 
combination of antenna height and vertical gain pattern must not exceed 
3000 microwatts per square meter on the ground over the area extending 
to 1 km from the base of the antenna mounting structure.
    (c) Power flux density limit for stations operating in the 746-757 
MHz, 758-763 MHz, 776-787 MHz, and 788-793 MHz bands. For base and 
fixed stations operating in the 746-757 MHz, 758-763 MHz, 776-787 MHz, 
and 788-793 MHz bands in accordance with the provisions of Sec.  
27.50(b)(6), the power flux density that would be produced by such 
stations through a combination of antenna height and vertical gain 
pattern must not exceed 3000 microwatts per square meter on the ground 
over the area extending to 1 km from the base of the antenna mounting 
structure.
    14. Section 27.1191 and an undesignated center heading is added to 
read as follows:

Special Provisions Governing the 2155-2180 MHz Band


Sec.  27.1191  Free wireless broadband service requirement in the 2155-
2180 MHz band.

    (a) Applicability. This section shall apply only to an 
authorization in the 2155-2180 MHz ``AWS-3'' band.
    (b) Provision of free broadband service. A licensee (including 
lessees) offering any service on spectrum subject to this section must 
utilize up to twenty-five percent of its AWS-3 wireless network 
capacity to provide free two-way wireless broadband Internet service 
(``free broadband service'') at a minimum engineered data rate of 768 
kbps downstream per user.
    (1) To the extent that a licensee meets all demand for the free 
broadband service and is providing such service at a minimum engineered 
data rate of 768 kbps downstream per user, such licensee can utilize 
more than seventy-five percent of its wireless network capacity for any 
other service authorized to operate in this band.
    (2) On a per base-station or per market basis, a 2155-2180 MHz 
licensee will not be required to maintain the minimum data rate when 
and where meeting additional demand for the free broadband service 
would require more than twenty-five percent of wireless network 
capacity. Once demand reaches

[[Page 36009]]

twenty-five percent of wireless network capacity, a 2155-2180 MHz 
licensee has the discretion to manage any additional demand for free 
service using any lawful network management protocol.
    (3) Broadband users not required to pay any compensation for any of 
the broadband services that they receive are considered to receive free 
broadband service. If a broadband user pays any compensation for any 
broadband service directly or indirectly affiliated with the licensee, 
the user does not receive free service. For purposes of this 
requirement, wireless broadband users receive either free or fee-base 
service, not both. The compensation paid for broadband service does not 
include any compensation paid for user/customer equipment. A minimum 
engineered data rate means that the wireless network is designed, 
constructed, and implemented to provide meet or exceed the minimum data 
rate as measured to/from user devices and the AWS-3 licensee's wireless 
facilities. The minimum engineered data rate is subject to future 
reassessments by the Commission, including during the term of the 
license.
    (c) Availability of free broadband service. A 2155-2180 MHz 
licensee must make available free broadband service whenever and 
wherever the licensee offers any other service that uses AWS-3 spectrum 
(even if other such services are offered prior to the performance 
deadlines set forth in Sec.  27.14 for the AWS-3 band).
    (d) Geographic partitioning, spectrum disaggregation, license 
assignment, and transfer. A licensee is not restricted from assigning, 
transferring, partitioning, or leasing 2155-2180 MHz spectrum. In such 
case, the free broadband requirement would apply to the licensee's or 
lessee's network in the AWS-3 band.
    (e) User equipment. A 2155-2180 MHz licensee and/or third party 
vendor is authorized to determine user/customer equipment pricing, 
features, and availability, so long as such determinations are 
reasonable and non-discriminatory and in compliance with Sec.  27.16.
    (f) Fee-based services. Subject to the provisions in this section, 
a 2155-2180 MHz licensee may provide and prioritize fee-based services 
as set forth in paragraph (b) of this section. Users and use of the 
wireless network for any fee-based service may not be counted towards 
satisfaction of the requirement to provide free broadband service.
    (g) Fee-based broadband services provided by non-facilities based 
wholesale customers of a 2155-2180 MHz licensee. Fee-based broadband 
services provided by non-facilities based wholesale customers of a 
2155-2180 MHz licensee that use such licensee's network capacity is not 
required to provide free broadband service, although such use of the 
licensee's network capacity shall be included in any determination of 
the licensee's compliance with the free broadband service requirement.
    (h) Burden of proof. Once a complainant sets forth a prima facie 
case that a 2155-2180 MHz licensee is in violation of the free 
broadband service requirement, such licensee shall have the burden of 
proof to demonstrate that it is in compliance. Application of the same 
lawful network management protocol utilized by the licensee to manage 
fee-based traffic is presumptively reasonable.
    15. Add new Sec.  27.1193 to read as follows:


Sec.  27.1193  Content Network Filtering Requirement.

    (a) The licensee of the 2155-2188 MH band (AWS-3 licensee) must 
provide as part of its free broadband service a network-based 
mechanism:
    (1) That filters or blocks images and text that constitute 
obscenity or pornography and, in context, as measured by contemporary 
community standards and existing law, any images or text that otherwise 
would be harmful to teens and adolescents. For purposes of this rule, 
teens and adolescents are children 5 through 17 years of age;
    (2) That must be active at all times on any type of free broadband 
service offered to customers or consumers through an AWS-3 network. In 
complying with this requirement, the AWS-3 licensee must use viewpoint-
neutral means in instituting the filtering mechanism and must otherwise 
subject its own content--including carrier-generated advertising--to 
the filtering mechanism.
    (b) The AWS-3 licensee must:
    (1) Inform new customers that the filtering is in place and must 
otherwise provide on-screen notice to users. It may also choose 
additional means to keep the public informed of the filtering, such as 
storefront or Web site notices;
    (2) Use best efforts to employ filtering to protect children from 
exposure to inappropriate material as defined in paragraph (a)(1) of 
this section. Should any commercially-available network filters 
installed not be capable of reviewing certain types of communications, 
such as peer-to-peer file sharing, the licensee may use other means, 
such as limiting access to those types of communications as part of the 
AWS-3 free broadband service, to ensure that inappropriate content as 
defined in paragraph (a)(1) of this section not be accessible as part 
of the service.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCASTING AND 
OTHER PROGRAM DISTRIBUTIONAL SERVICES

    16. The authority citation for part 74 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.

    17. Revise Sec.  74.690 to read as follows:


Sec.  74.690  Transition of the 1990-2025 MHz band from the Broadcast 
Auxiliary Service to emerging technologies.

    (a) New Entrants are collectively defined as those licensees 
proposing to use emerging technologies to implement Mobile Satellite 
Services in the 2000-2020 MHz band (MSS licensees), those licensees 
authorized after July 1, 2004 to implement new Fixed and Mobile 
services in the 1990-1995 MHz band, and those licensees authorized 
after September 9, 2004 in the 1995-2000 MHz and 2020-2025 MHz bands. 
New entrants may negotiate with Broadcast Auxiliary Service licensees 
operating on a primary basis and fixed service licensees operating on a 
primary basis in the 1990-2025 MHz band (Existing Licensees) for the 
purpose of agreeing to terms under which the Existing Licensees would 
relocate their operations to the 2025-2110 MHz band, to other 
authorized bands, or to other media; or, alternatively, would 
discontinue use of the 1990-2025 MHz band. New Entrants in the 2020-
2025 MHz band are subject to the specific relocation procedures adopted 
in WT Docket 04-356.
    (b) An Existing Licensee in the 1990-2025 MHz band allocated for 
licensed emerging technology services will maintain primary status in 
the band until the Existing Licensee's operations are relocated by a 
New Entrant, are discontinued under the terms of paragraph (a) of this 
section, or become secondary under the terms of paragraphs (e)(6) or 
(f)(1)(a) of this section or the Existing Licensee indicates to a New 
Entrant that it declines to be relocated.
    (c) The Commission will amend the operating license of the Existing 
Licensee to secondary status only if the following requirements are 
met:
    (1) The service applicant, provider, licensee, or representative 
using an emerging technology guarantees payment of all relocation 
costs, including all engineering, equipment,

[[Page 36010]]

site and FCC fees, as well as any reasonable additional costs that the 
relocated Existing Licensee might incur as a result of operation in 
another authorized band or migration to another medium;
    (2) The New Entrant completes all activities necessary for 
implementing the replacement facilities, including engineering and cost 
analysis of the relocation procedure and, if radio facilities are used, 
identifying and obtaining, on the incumbents' behalf, new microwave or 
Local Television Transmission Service frequencies and frequency 
coordination.
    (3) The New Entrant builds the replacement system and tests it for 
comparability with the existing system.
    (d) The Existing Licensee is not required to relocate until the 
alternative facilities are available to it for a reasonable time to 
make adjustments, determine comparability, and ensure a seamless 
handoff. If, within one year after the relocation to new facilities the 
Existing Licensee demonstrates that the new facilities are not 
comparable to the former facilities, the New Entrant must remedy the 
defects.
    (e) Subject to the terms of this paragraph (e), the relocation of 
Existing Licensees will be carried out by MSS licensees in the 
following manner:
    (1) Existing Licensees and MSS licensees may negotiate individually 
or collectively for relocation of Existing Licensees to one of the 
channel plans specified in Sec.  74.602(a)(3) of this chapter. Parties 
may not decline to negotiate, though Existing Licensees may decline to 
be relocated.
    (i) MSS licensees must relocate all Existing Licensees in Nielsen 
Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 
6, 2000, and all fixed stations operating in the 1990-2025 MHz band on 
a primary basis, prior to beginning operations, except those Existing 
Licensees that decline relocation. Such relocation negotiations shall 
be conducted as ``mandatory negotiations,'' as that term is used in 
Sec.  101.73 of this chapter. If these parties are unable to reach a 
negotiated agreement, MSS Licensees may involuntarily relocate such 
Existing Licensees and fixed stations after December 8, 2004.
    (ii) [Reserved]
    (iii) On the date that the first MSS licensee begins operations in 
the 2000-2020 MHz band, a one-year mandatory negotiation period begins 
between MSS licensees and Existing Licensees in Nielsen DMAs 31-210, as 
such DMAs existed on September 6, 2000. After the end of the mandatory 
negotiation period, MSS licensees may involuntary relocate any Existing 
Licensees with which they have been unable to reach a negotiated 
agreement. As described elsewhere in this paragraph (e), MSS Licensees 
are obligated to relocate these Existing Licensees within the specified 
three- and five-year time periods.
    (2) Before negotiating with MSS licensees, Existing Licensees in 
Nielsen Designated Market Areas where there is a BAS frequency 
coordinator must coordinate and select a band plan for the market area. 
If an Existing Licensee wishes to operate in the 2025-2110 MHz band 
using the channels A03-A07 as specified in the Table in Sec.  74.602(a) 
of this part, then all licensees within that Existing Licensee's market 
must agree to such operation and all must operate on a secondary basis 
to any licensee operating on the channel plan specified in Sec.  
74.602(a)(3) of this part. All negotiations must produce solutions that 
adhere to the market area's band plan.
    (3) [Reserved]
    (4) [Reserved]
    (5) As of the date the first MSS licensee begins operations in the 
1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in 
DMAs 31-100, as they existed as of September 6, 2000, within three 
years, and in the remaining DMAs, as they existed as of September 6, 
2000, within five years.
    (6) On December 9, 2013, all Existing Licensees will become 
secondary in the 1990-2025 MHz band. Upon written demand by any MSS 
licensee, Existing Licensees must cease operations in the 1990-2025 MHz 
band within six months.
    (f) The 1995-2000 MHz band is allocated for Advanced Wireless 
Services (AWS). AWS licensees in this band are New Entrants as defined 
in paragraph (a) of this section and therefore must comply with 
sections (a), (b), (c), (d), and (f) of this section to the extent AWS 
entrants seek to relocate Broadcast Auxiliary Service licensees 
operating on a primary basis and fixed service licensees operating on a 
primary basis in the 1990-2025 MHz band (Existing Licensees).
    (1) New entrants are required to protect Existing Licensees in this 
band from interference.
    (i) An AWS licensee may not begin operations in a specific Nielsen 
Designated Market Area (DMA) until all incumbent operations in that DMA 
have been either relocated by an MSS licensee, an AWS entrant, or 
another licensee; or discontinued pursuant to the terms of paragraph 
(a) of this section. If Existing Licensees remain in the band after 
December 9, 2013, they must cease operations within six months of 
receiving a written demand from either an MSS licensee or an AWS 
licensee.
    (ii) An AWS licensee in this band is required conform to the 
technical criteria specified in TIA Bulletin TSB 10-F, or procedures 
other than TSB 10-F that follow generally acceptable good engineering 
practices pursuant to Sec.  101.105(c) of this chapter, to determine 
whether its operations in the 1995-2000 MHz band would cause 
interference to the operations of Existing Licensees in the 1990-2025 
MHz band. To the extent that the TSB 10-F demonstrates that an AWS 
licensee may cause interference to Existing Licensees in an adjacent 
DMA, the AWS licensee must either relocate the Existing Licensees or 
revise its proposed operations to ensure, in accordance with the 
technical criteria in the TSB 10-F, that its revised operations will 
not cause interference to Existing Licensees in adjacent DMAs.
    (2) If a specific DMA has not yet been cleared and an AWS licensee 
seeks to begin operations in the specific DMA, an AWS licensee may 
negotiate with an Existing Licensee for the purpose of agreeing to 
terms under which the Existing Licensees would relocate their 
operations to one of the channel plans specified in Sec.  74.602(a)(3) 
to other authorized bands, or to other media; or, alternatively, would 
discontinue use of the 1990-2025 MHz band. An AWS licensee may 
negotiate individually or collectively for relocation of Existing 
Licensees, but the AWS licensee is required to coordinate its 
anticipated clearance schedule with other New Entrants. New entrants 
are expected to work cooperatively with all interested parties to avoid 
duplicative efforts and undue delay in the negotiation and transition 
process. Parties may not decline to negotiate, though Existing 
Licensees may decline to be relocated. The good faith provisions set-
forth in Sec.  101.73 of this chapter apply throughout the negotiation 
and relocation process.
    (3) If a mandatory negotiation period for or an involuntary 
relocation of Existing Licensees in a particular DMA has already been 
triggered pursuant to paragraph (e) of this section or pursuant to 
provisions set-forth elsewhere in this chapter or by order in WT Docket 
02-55, ET Docket 00-258, or ET Docket 95-18, an AWS licensee seeking to 
operate in that particular DMA will not trigger a new negotiation or 
involuntary relocation schedule pursuant to this section. If such has 
not occurred with respect to a specific DMA, the following shall apply 
to AWS licensees at 1995-2000 MHz:

[[Page 36011]]

    (i) Existing Licensees in DMAs 1-30, as such DMAs existed on 
September 6, 2000, are subject to involuntary relocation. Under 
involuntary relocation, the Existing Licensees are required to relocate 
providing that the New Entrant complies with the requirements set-forth 
in paragraph (c) of this section and furnishes Existing Licensees with 
comparable facilities, as defined in Sec.  101.75 (b) of this chapter.
    (ii) For the remaining DMAs, as such DMAs existed on September 6, 
2000, a one-year mandatory negotiation period will commence between 
Existing Licensees and New Entrants (if such has not already occurred 
or been triggered) when an AWS licensee approaches any Existing 
Licensee operating in the specific DMA. Mandatory negotiations shall be 
conducted in accordance with the good faith provisions set-forth in 
Sec.  101.73 of this chapter with the goal of providing the Existing 
Licensees with comparable facilities, as defined in Sec.  101.73(d)(1) 
through (3) of this chapter. After the end of the mandatory negotiation 
period, an AWS licensee may involuntary relocate any Existing Licensees 
with which they have been unable to reach a negotiated agreement.
    (iii) To the extent the Commission adopts an earlier transition 
date to relocate Existing Licensees in a specific DMA in WT Docket 02-
55, ET Docket 00-258, or ET Docket 95-18, AWS licensees and Existing 
Licensees shall comply with the requirements set-forth and adopted in 
those proceedings.

PART 78--CABLE TELEVISION RELAY SERVICE

    18. The authority citation for part 78 continues to read as 
follows:

    Authority: 47 U.S.C. Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 
Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 
47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.

    19. Section 78.40 is revised as follows:


Sec.  78.40  Transition of the 1990-2025 MHz band from the Cable 
Television Relay Service to Emerging Technologies.

    (a) New Entrants are collectively defined as those licensees 
proposing to use emerging technologies to implement Mobile Satellite 
Services in the 2000-2020 MHz band (MSS licensees), those licensees 
authorized after July 1, 2004 to implement new Fixed and Mobile 
services in the 1990-1995 MHz band, and those licensees authorized 
after September 9, 2004 in the 1995-2000 MHz and 2020-2025 MHz bands. 
New entrants may negotiate with Cable Television Relay Service 
licensees operating on a primary basis and fixed service licensees 
operating on a primary basis in the 1990-2025 MHz band (Existing 
Licensees) for the purpose of agreeing to terms under which the 
Existing Licensees would relocate their operations to the 2025-2110 MHz 
band, to other authorized bands, or to other media; or, alternatively, 
would accept a sharing arrangement with the New Entrants that may 
result in an otherwise impermissible level of interference to the 
Existing Licensee's operations. New Entrants in the 2020-2025 MHz band 
are subject to the specific relocation procedures adopted in WT Docket 
04-356.
    (b) Existing Licensees in the 1990-2025 MHz band allocated for 
licensed emerging technology services will maintain primary status in 
the band until a New Entrant completes relocation of the Existing 
Licensee's operations, Existing Licensee indicates to a New Entrant 
that it declines to be relocated, become secondary under the terms of 
paragraphs (f)(6) or (g)(1)(i) of this section.
    (c) The Commission will amend the operating license of the Existing 
Licensee to secondary status only if the following requirements are 
met:
    (1) The service applicant, provider, licensee, or representative 
using an emerging technology guarantees payment of all relocation 
costs, including all engineering, equipment, site and FCC fees, as well 
as any reasonable additional costs that the relocated Existing Licensee 
might incur as a result of operation in another authorized band or 
migration to another medium;
    (2) The New Entrant completes all activities necessary for 
implementing the replacement facilities, including engineering and cost 
analysis of the relocation procedure and, if radio facilities are used, 
identifying and obtaining, on the incumbents' behalf, new microwave or 
Cable Television Relay Service frequencies and frequency coordination.
    (3) The New Entrant builds the replacement system and tests it for 
comparability with the existing system.
    (d) The Existing Licensee is not required to relocate until the 
alternative facilities are available to it for a reasonable time to 
make adjustments, determine comparability, and ensure a seamless 
handoff.
    (e) If, within one year after the relocation to new facilities the 
Existing Licensee demonstrates that the new facilities are not 
comparable to the former facilities, the New Entrant must remedy the 
defect.
    (f) Subject to the terms paragraph (f) of this section, the 
relocation of Existing Licensees will be carried out by MSS licensees 
in the following manner:
    (1) Existing Licensees and MSS licensees may negotiate individually 
or collectively for relocation of Existing Licensees to one of the 
channel plans specified in Sec.  74.602(a)(3). Parties may not decline 
to negotiate, though Existing Licensees may decline to be relocated.
    (i) MSS licensees must relocate all Existing Licensees in Nielsen 
Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 
6, 2000, prior to beginning operations, except those Existing Licensees 
that decline relocation. Such relocation negotiations shall be 
conducted as ``mandatory negotiations,'' as that term is used in Sec.  
101.73 of this chapter. If these parties are unable to reach a 
negotiated agreement, MSS Licensees may involuntarily relocate such 
Existing Licensees after December 8, 2004.
    (ii) [Reserved]
    (iii) On the date that the first MSS licensee begins operations in 
the 2000-2020 MHz band, a one-year mandatory negotiation period begins 
between MSS licensees and Existing Licensees in DMAs 31-210, as such 
DMAs existed on September 6, 2000. After the end of the mandatory 
negotiation period, MSS licensees may involuntary relocate any Existing 
Licensees with which they have been unable to reach a negotiated 
agreement. As described elsewhere in this paragraph (f), MSS Licensees 
are obligated to relocate these Existing Licensees within the specified 
three- and five-year time periods.
    (2) Before negotiating with MSS licensees, Existing Licensees in 
Nielsen Designated Market Areas where there is a BAS frequency 
coordinator must coordinate and select a band plan for the market area. 
If an Existing Licensee wishes to operate in the 2025-2110 MHz band 
using the channel plan specified in Sec.  78.18(a)(6)(i), then all 
licensees within that Existing Licensee's market must agree to such 
operation and all must operate on a secondary basis to any licensee 
operating on the channel plan specified in Sec.  78.18(a)(6)(ii). All 
negotiations must produce solutions that adhere to the market area's 
band plan.
    (3) [Reserved]
    (4) [Reserved]
    (5) As of the date the first MSS Licensee begins operations in the 
1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in 
DMAs 31-100, as they existed as of September 6, 2000, within three 
years, and in the remaining DMAs, as they existed as of September 6, 
2000, within five years.
    (6) On December 9, 2013, all Existing Licensees will become 
secondary in the

[[Page 36012]]

1990-2025 MHz band. Upon written demand by any MSS Licensee, Existing 
Licensees must cease operations in the 1990-2025 MHz band within six 
months.
    (g) The 1995-2000 MHz band is allocated for Advanced Wireless 
Services (AWS). AWS licensees in this band are New Entrants as defined 
in paragraph (a) of this section and therefore must comply with 
sections (a), (b), (c), (d), (e) and (g) of this section to the extent 
AWS entrants seek to relocate Broadcast Auxiliary Service licensees 
operating on a primary basis and fixed service licensees operating on a 
primary basis in the 1990-2025 MHz band (Existing Licensees).
    (1) AWS licensees are required to protect previously Existing 
Licensees in this band from interference.
    (i) An AWS licensee may not begin operations in a specific Nielsen 
Designated Market Area (DMA) until all incumbent operations in that DMA 
have been either relocated by an MSS licensee, an AWS entrant, or 
another licensee; or discontinued pursuant to the terms of paragraph 
(a) of this section. If Existing Licensees remain in the band after 
December 9, 2013, they must cease operations within six months of 
receiving a written demand from either an MSS licensee or an AWS 
licensee.
    (ii) An AWS licensee in this band is required to conform to the 
technical criteria specified in TIA Bulletin TSB 10-F, or procedures 
other than TSB 10-F that follow generally acceptable good engineering 
practices pursuant to Sec.  101.105(c) of this chapter, to determine 
whether its operations in the 1995-2000 MHz band would cause 
interference to the operations of Existing Licensees in the 1990-2025 
MHz band. To the extent that the TSB 10-F demonstrates that an AWS 
licensee may cause interference to Existing Licensees in an adjacent 
DMA, the AWS licensee must either relocate the Existing Licensees or 
revise its proposed operations to ensure, in accordance with the 
technical criteria in the TSB 10-F, that its revised operations will 
not cause interference to Existing Licensees in adjacent DMAs.
    (2) If a specific DMA has not yet been cleared and an AWS licensee 
seeks to begin operations in the specific DMA, an AWS licensee may 
negotiate with an Existing Licensee for the purpose of agreeing to 
terms under which the Existing Licensees would relocate their 
operations to one of the channel plans specified in Sec.  74.602(a)(3) 
of this chapter, to other authorized bands, or to other media; or, 
alternatively, would discontinue use of the 1990-2025 MHz band. An AWS 
licensee may negotiate individually or collectively for relocation of 
Existing Licensees, but the AWS licensee is required to coordinate its 
anticipated clearance schedule with other New Entrants. New entrants 
are expected to work cooperatively with all interested parties to avoid 
duplicative efforts and undue delay in the negotiation and transition 
process. Parties may not decline to negotiate, though Existing 
Licensees may decline to be relocated. The good faith provisions set-
forth in Sec.  101.73 of this chapter apply throughout the negotiation 
and relocation process.
    (3) If a mandatory negotiation period for or an involuntary 
relocation of Existing Licensees in a particular DMA has already been 
triggered pursuant to paragraph (e) of this section or pursuant to 
provisions set-forth elsewhere in this chapter or by order in WT Docket 
02-55, ET Docket 00-258, or ET Docket 95-18, an AWS licensee seeking to 
operate in that particular DMA will not trigger a new negotiation or 
involuntary relocation schedule pursuant to this section. If such has 
not occurred with respect to a specific DMA, the following shall apply 
to AWS licensees at 1995-2000 MHz:
    (i) Existing Licensees in DMAs 1-30, as such DMAs existed on 
September 6, 2000, are subject to involuntary relocation. Under 
involuntary relocation, the Existing Licensees are required to relocate 
providing that the New Entrant complies with the requirements set-forth 
in paragraph (c) of this section and furnishes Existing Licensees with 
comparable facilities, as defined in Sec.  101.75(b) of this chapter.
    (ii) For the remaining DMAs, as such DMAs existed on September 6, 
2000, a one-year mandatory negotiation period will commence between 
Existing Licensees and New Entrants (if such has not already occurred 
or been triggered) when an AWS licensee approaches any Existing 
Licensee operating in the specific DMA. Mandatory negotiations shall be 
conducted in accordance with the good faith provisions set-forth in 
Sec.  101.73 of this chapter with the goal of providing the Existing 
Licensees with comparable facilities, as defined in Sec.  101.73(d)(1)-
(3) of this chapter. After the end of the mandatory negotiation period, 
an AWS licensee may involuntary relocate any Existing Licensees with 
which they have been unable to reach a negotiated agreement.
    (iii) To the extent the Commission adopts an earlier transition 
date to relocate Existing Licensees in a specific DMA in WT Docket 02-
55, ET Docket 00-258, or ET Docket 95-18, AWS licensees and Existing 
Licensees shall comply with the requirements set-forth and adopted in 
those proceedings.

PART 101--FIXED MICROWAVE SERVICES

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

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

    21. Revise Sec.  101.69 to read as follows: Policies Governing 
Microwave Relocation From the 1850-1990 and 2110-2200 MHz Bands


Sec.  101.69  Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-
2200 MHz bands from the fixed microwave services to personal 
communications services and emerging technologies.

    Fixed Microwave Services (FMS) in the 1850-1990 MHz, 2110-2150 MHz, 
and 2160-2200 MHz bands have been allocated for use by emerging 
technology (ET) services, including Personal Communications Services 
(PCS), Advanced Wireless Services (AWS), and Mobile Satellite Services 
(MSS). The rules in this section provide for a transition period during 
which ET licensees may relocate existing FMS licensees using these 
frequencies to other media or other fixed channels, including those in 
other microwave bands.
    (a) ET licensees may negotiate with FMS licensees authorized to use 
frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz 
bands, for the purpose of agreeing to terms under which the FMS 
licensees would:
    (1) Relocate their operations to other fixed microwave bands or 
other media; or alternatively
    (2) Accept a sharing arrangement with the ET licensee that may 
result in an otherwise impermissible level of interference to the FMS 
operations.
    (b)-(c) [Reserved]
    (d) Relocation of FMS licensees in the 2110-2150 and 2160-2200 MHz 
band will be subject to mandatory negotiations only. Except as provided 
in paragraph (e) of this section, mandatory negotiation periods are 
defined as follows:
    (1) Non-public safety incumbents will have a two-year mandatory 
negotiation period; and
    (2) Public safety incumbents will have a three-year mandatory 
negotiation period.
    (e) Relocation of FMS licensees by Mobile-Satellite Service (MSS) 
licensees, including MSS licensees providing Ancillary Terrestrial 
Component (ATC) service, will be subject to mandatory negotiations 
only. Mandatory negotiation periods that are

[[Page 36013]]

triggered in the first instance by MSS/ATC licensees are defined as 
follows:
    (1) The mandatory negotiation period for non-public safety 
incumbents will end December 8, 2004.
    (2) The mandatory negotiation period for public safety incumbents 
will end December 8, 2005.
    (f) AWS licensees operating in the 1915-1920 MHz band will follow 
the requirements and procedures set forth in ET Docket No. 00-258 and 
WT Docket No. 04-356.
    (g) If no agreement is reached during the mandatory negotiation 
period, an ET licensee may initiate involuntary relocation procedures. 
Under involuntary relocation, the incumbent is required to relocate, 
provided that the ET licensee meets the conditions of Sec.  101.75.
    22. Section 101.79 is amended by revising paragraph (a) to read as 
follows:


Sec.  101.79  Sunset provisions for licensees in the 1850-1990 MHz, 
2110-2150 MHz, and 2160-2200 MHz bands.

    (a) FMS licensees will maintain primary status in the 1850-1990 
MHz, 2110-2150 MHz, and 2160-2200 MHz bands unless and until an ET 
licensee (including MSS/ATC operator) requires use of the spectrum. ET 
licensees are not required to pay relocation costs after the relocation 
rules sunset. Once the relocation rules sunset, an ET licensee may 
require the incumbent to cease operations, provided that the ET 
licensee intends to turn on a system within interference range of the 
incumbent, as determined by TIA TSB 10-F (for terrestrial-to-
terrestrial situations) or TIA TSB 86 (for MSS satellite-to-terrestrial 
situations) or any standard successor. ET licensee notification to the 
affected FMS licensee must be in writing and must provide the incumbent 
with no less than six months to vacate the spectrum. After the six-
month notice period has expired, the FMS licensee must turn its license 
back into the Commission, unless the parties have entered into an 
agreement which allows the FMS licensee to continue to operate on a 
mutually agreed upon basis. The date that the relocation rules sunset 
is determined as follows:
    (1) For the 2110-2150 MHz and 2160-2180 MHz bands, ten years after 
the first ET license is issued in the respective band; and
    (2) For the 2180-2200 MHz band, December 8, 2013 (i.e., ten years 
after the mandatory negotiation period begins for MSS/ATC operators in 
the service).
* * * * *
[FR Doc. E8-14423 Filed 6-24-08; 8:45 am]
BILLING CODE 6712-01-P