[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Rules and Regulations]
[Pages 41767-41771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17205]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 101

[WT Docket No. 09-114; RM-11417; FCC 10-109]


Amendment of the Commission's Rules To Accommodate 30 Megahertz 
Channels in the 6525-6875 MHz Band; and To Provide for Conditional 
Authorization on Additional Channels in the 21.8-22.0 GHz and 23.0-23.2 
GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission revises its rules governing 
terrestrial fixed wireless services in the Upper 6 GHz Band and the 23 
GHz Band by providing wider bandwidths and conditional authorization. 
Allowing wider bandwidth channels in the Upper 6 GHz Band makes an 
additional source of spectrum for high-capacity microwave links more 
readily available. Expanding conditional authority in the 23 GHz Band 
will enable licensees to activate microwave links more quickly, 
including links involved in critical commercial, backhaul, and public 
safety applications.

DATES: Effective August 18, 2010.

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

FOR FURTHER INFORMATION CONTACT: Charles Oliver or Stephen Buenzow, 
Wireless Telecommunications Bureau, Broadband Division, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554, 
at (202) 418-2487 (voice), (202) 418-7233 (TTY), or via the Internet to 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), FCC 10-109, adopted on June 7, 2010, and released on 
June 11, 2010. The full text of this document is available for public 
inspection and copying during normal business hours in the FCC 
Reference Information Center, Room CY-A257, 445 12th Street, SW., 
Washington, DC 20554. The complete text may be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc. 
(BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, (202) 488-5300 or 1-800-378-3160, 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 10-109. 
The complete text of this document is also available on the 
Commission's Web site at http://wireless.fcc.gov/edocs_public/attachment/FCC 10-109A1.doc. This full text may also be downloaded at: 
http://wireless.fcc.gov/releases.html. Alternative formats (computer 
diskette, large print, audio cassette, and Braille) are available by 
contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365, or via 
e-mail to [email protected].
    Summary:

I. Wider Bandwidths in the Upper Six Gigahertz Band

Background

    1. Most of the part 101 Fixed Service 6 GHz Band is made up of two 
sub-bands, 5925-6425 MHz (Lower 6 GHz Band) and 6525-6875 MHz (Upper 6 
GHz Band). The Commission licenses terrestrial Fixed Services (FS) in 
both sub-bands, but the technical rules related to the licensing for 
each sub-band are different. For FS applicants, the most important 
distinction is the maximum authorized bandwidth: 30 megahertz is the 
maximum bandwidth allowed in the Lower 6 GHz Band and 10 megahertz is 
the maximum allowed in the Upper 6 GHz Band.
    2. The Lower 6 GHz Band is increasingly congested, partly because 
FS users can obtain wider bandwidths on those frequencies but also 
because other services are allowed to use the band. As of April 7, 
2010, there were 15,936 active FS licenses in the Lower 6 GHz Band. 
Furthermore, as of March 31, 2010, the Lower 6 GHz Band had 1,641 
licensed satellite earth stations. Through the frequency coordination 
process, and consistent with existing rules, each earth station is 
routinely cleared to use the entire 5925-6425 MHz band for the entire 
geosynchronous arc, even if the earth station actually communicates 
with only one transponder on one satellite on a limited set of 
channels. Thus, a satellite earth station has an extensive preclusive 
effect on the ability of subsequent applicants to coordinate stations 
in adjacent areas. By comparison, the typical terrestrial FS station is 
coordinated for a narrow beamwidth on a single channel or a limited set 
of channels.
    3. The congestion in the Lower 6 GHz Band has led a number of FS 
applicants to file waiver requests seeking licenses to operate in the 
Upper 6 GHz Band on bandwidths that are greater than the 10 megahertz 
that is authorized by rule. As of April 7, 2010, the Commission had 
issued waivers authorizing 957 FS

[[Page 41768]]

frequency paths with bandwidths greater than 10 megahertz in the Upper 
6 GHz Band, of which 625 were authorized with 30 megahertz bandwidths. 
While the waiver process has provided an alternative for applicants 
seeking wider bandwidths in the Upper 6 GHz, some FS operators have 
argued that it has the disadvantages of delay and additional 
preparation costs.
    4. Pursuant to Sec.  101.103 of the Commission's rules, applicants 
for FS licenses are required to coordinate their proposed stations with 
incumbent licensees and contemporaneous applicants to ensure that they 
will not interfere with each other. Once that process is completed, the 
Commission's rules provide many applicants with conditional authority 
to begin service immediately, without waiting for final approval from 
the Commission, with the stipulation that they must take their stations 
down if the Commission later rejects their applications. Conditional 
authority is not available, however, to applicants that must request 
waivers of existing rules.
    5. On February 4, 2008, Fixed Wireless Communications Coalition 
(FWCC) filed a petition proposing that the Commission change its rules 
to allow channels with 30 megahertz bandwidths in the Upper 6 GHz Band, 
a change that would extend the opportunity for fast-track, conditional 
authorizations to the Upper 6 GHz. On June 29, 2009, the Commission 
released a Notice of Proposed Rulemaking (NPRM), 74 FR 36134 (July 22, 
2009), in which we proposed and sought comment on modifying the 
Commission's part 101 rules to provide fixed terrestrial wireless 
licensees with authority to use channels with wider bandwidths of as 
much as 30 megahertz in the Upper 6 GHz Band. We found that such action 
could serve the public interest by making more readily available an 
additional source of spectrum for high-capacity microwave links.
    6. We conclude that the public interest would be served by 
authorizing 30 megahertz bandwidth channels in the Upper 6 GHz Band. 
Comments filed in response to the NPRM unanimously support authorizing 
30 megahertz channels in the Upper 6 GHz band. We find such action 
could serve the public interest by making an additional source of 
spectrum for high-capacity microwave links more readily available. As 
FWCC states, such links support a variety of important commercial, 
public safety, and consumer uses, including backhaul for broadband 
systems. Furthermore, the high number of waiver requests seeking 
licenses for 30 megahertz channels (625 authorized paths as of April 7, 
2010) is evidence of a notable demand for 30 megahertz channels in this 
band. We believe that allowing such channels without requiring 
applicants to seek a waiver would expedite the provision of service by 
allowing them to take advantage of conditional authority. Furthermore, 
all of the commenters agree that our existing rules and policies are 
sufficient to prevent congestion and speculative licensing.
    7. As an added safeguard against congestion, we also adopt the 
NPRM's proposal that applicants for 30 megahertz channels on new 
facilities in the Upper 6 GHz Band be required to demonstrate that 30 
megahertz channels in the Lower 6 GHz Band are unavailable. This 
condition is supported by FWCC, National Spectrum Management 
Association (NSMA), and AT&T, Inc. (AT&T). We decline, however, to 
require a showing that available channels in the 11 GHz band could not 
support the path lengths required by the applicant. As FWCC and NSMA 
point out, this requirement could be a burden for applicants that are 
already licensed to operate on the same paths in the 6 GHz band.
    8. We decline to adopt the Tier One Converged Networks, Inc. and 
Cielo Networks, Inc. proposal that we also begin issuing licenses for 
bandwidths of 40 megahertz or more in the Upper 6 GHz Band. While, as 
noted above, we have received many waiver requests for 30 megahertz 
channels, we have not received any requests for waivers authorizing 
such bandwidths in the Upper 6 GHz Band. Furthermore, no commenter 
proposed a band plan that would accommodate 40 megahertz or wider 
channels. Finally, for shorter paths, we note that 40 and 50 megahertz 
channels are available in the 18 and 23 GHz bands. We may revisit this 
conclusion in the future if a more concrete showing of need for wider 
channels in the 6 GHz Band is made.
    9. To implement these new rules, we also adopt the specific channel 
plan proposed in the NPRM, with the corrections noted by AT&T and FWCC, 
i.e., 30 megahertz bandwidth paired channels (for 60 megahertz total 
for each authorized path) at 6555 and 6725 MHz, 6595 and 6755 MHz, 6625 
and 6785 MHz, 6655 MHz and 6815 MHz, and 6685 MHz and 6845 MHz. AT&T 
and NSMA support this proposal, and no oher commenters propose any 
alternative channelization scheme.

II. Conditional Authority for Operation in the 23 Gigahertz Band

    10. The Commission's rules provide for conditional authorization of 
fixed microwave links, allowing the license applicant to begin 
operating a link as soon as the application is filed, if the link has 
been frequency coordinated and certain other conditions are met. The 
frequencies in the 23 GHz band are shared by federal and non-federal 
users. For this reason, conditional authority in the band is limited to 
frequencies for which the Commission has an agreement with the National 
Telecommunications and Information Administration (NTIA) to permit 
conditional authorization. Thus, in the 23 GHz band, conditional 
authority is currently limited to four channel pairs--21.825/23.025 
GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, and 21.975/23.175 GHz--for 
non-federal applicants proposing to limit their equivalent 
isotropically radiated power (EIRP) to 55 dBm.
    11. On November 7, 2007, FWCC submitted a petition for rulemaking 
requesting that the Commission allow conditional licensing for non-
federal use, with NTIA's consent, on two additional channel pairs in 
the 23 GHz band--the 22.025/23.225 GHz and 22.075/23.275 GHz channel 
pairs--for applicants proposing to limit their EIRP to 55 dBm. In the 
NPRM, we sought comment on whether to allow conditional authority on 
the 22.025/23.225 GHz and 22.075/23.275 GHz channel pairs for 
applicants proposing to limit their EIRP to 55 dBm. We stated that we 
had coordinated our proposal with NTIA and that our decision to seek 
comment on it was predicated on NTIA's lack of opposition. We noted 
further that the Commission has previously recognized that permitting 
conditional operation pending the approval of an application provides 
greater flexibility to part 101 licensees and enables them to operate 
more efficiently.
    12. We adopt our proposal to allow conditional authority on two 
additional channel pairs in the 23 GHz band--the 22.025/23.225 GHz and 
22.075/23.275 GHz channel pairs--for applicants proposing to limit 
their EIRP to 55 dBm. All of the commenting parties agree that 
increasing the availability of conditional licensing under those terms 
will provide significant benefits, by enabling applicants to activate 
short links more quickly. The only parties that are in any position to 
be injured by this decision are the federal agencies that are 
represented by NTIA. NTIA has consulted with them through its

[[Page 41769]]

Interdepartment Radio Advisory Committee and has concluded that they 
will suffer no adverse impact if we allow conditional authority on two 
additional channel pairs in the 23 GHz band, provided that such 
applicants limit their EIRP to 55 dBm, as FWCC proposes. For those 
reasons, we adopt the proposed rule.

III. Procedural Matters

A. Paperwork Reduction Analysis

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

 B. Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice 
of Proposed Rulemaking (NPRM) in WT Docket 09-114. The Commission 
sought written public comment on the proposals in the NPRM, including 
comment on the IRFA. We received no comments specifically directed 
toward the IRFA. This Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA. In addition, the Report and Order and FRFA (or 
summaries thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    In this Report and Order, we adopt two categories of changes to our 
part 101 rules involving fixed microwave stations. First, we amend our 
part 101 rules to permit coordination and licensing of 30 megahertz 
channels in the 6525-6875 MHz band (Upper 6 GHz Band) if the link 
cannot be accommodated in the 5925-6425 MHz band (Lower 6 GHz Band). 
Second, we allow conditional licensing on two additional channel pairs 
for non-federal use in the 23 GHz band, for applicants proposing to 
limit their effective isotropically radiated power (E.I.R.P.) to 55 
dBm.
    With respect to the first change, the Lower 6 GHz Band is 
increasingly congested, partly because FS users can obtain wider 
bandwidths but also because other services are allowed to use the band. 
As of April 7, 2010, there were 15,936 active FS licenses in the Lower 
6 GHz Band. Furthermore, as of March 31, 2010, the Lower 6 GHz Band had 
1,641 licensed satellite earth stations. Through the frequency 
coordination process, and consistent with existing rules, each earth 
station is routinely cleared to use the entire 5925-6425 MHz band for 
the entire geosynchronous arc, even if the earth station actually 
communicates with only one transponder on one satellite on a limited 
set of channels. Thus, a satellite earth station has an extensive 
preclusive effect on the ability of subsequent applicants to coordinate 
stations in adjacent areas. By comparison, the typical terrestrial FS 
station is coordinated for a narrow beamwidth on a single channel or a 
limited set of channel.
    The congestion in the Lower 6 GHz Band has led a number of FS 
applicants to file waiver requests seeking licenses to operate in the 
Upper 6 GHz Band on bandwidths that are greater than the 10 megahertz 
that is authorized by rule. As of April 7, 2010, the Commission had 
issued waivers authorizing 957 FS frequency paths with bandwidths 
greater than 10 megahertz in the Upper 6 GHz Band, of which 625 were 
authorized with 30 megahertz bandwidths. These waivers were granted to 
applicants who demonstrated that there were no channels available in 
the Lower 6 GHz Band with comparable bandwidth, that other, higher 
frequency bands were not suitable for the proposed paths, and that 
there were no other alternatives. While the waiver process has provided 
an alternative for applicants seeking wider bandwidths in the Upper 6 
GHz, some FS operators have argued that the waiver process has the 
disadvantages of delay and additional preparation costs.
    Allowing channels with bandwidths of as much as 30 megahertz in the 
Upper 6 GHz Band by rule could meet a variety of needs. Such action 
could serve the public interest by making more readily available an 
additional source of spectrum for high-capacity microwave links, which 
are used for a variety of important commercial, public safety, and 
consumer uses, including backhaul for broadband systems. Furthermore, 
the high number of waiver requests seeking licenses for channels 
greater than 10 megahertz in the Upper 6 GHz Band is evidence of a 
notable demand for wider channels in that band. On the other hand, the 
American Petroleum Institute (API) had previously expressed concern 
that allowing 30 megahertz licenses in the Upper 6 GHz Band could cause 
congestion, encourage speculative licensing, and make it more difficult 
for licensees to relocate out of the 2 GHz Band that has been 
reallocated for advanced technologies. We conclude that the rules we 
have adopted can provide the benefits of wider channels while avoiding 
the potential problems noted by API. Specifically, we conclude that our 
existing minimum payload capacity and construction rules, as well as a 
requirement that 30 megahertz channels be requested in the Upper 6 GHz 
Band only if such channels are unavailable in the Lower 6 GHz Band, 
will prevent congestion and speculative licensing.
    With respect to the adopted rules concerning the 23 GHz Band, the 
Commission's rules provide that, if certain conditions are met, 
applicants for FS licenses under part 101 may operate their proposed 
stations more quickly pursuant to conditional authority, although they 
do so at their own risk during the pendency of their applications. 
Before exercising conditional authority, the applicant must 
successfully complete frequency coordination to ensure that the 
proposed facilities will not cause interference to other authorized 
facilities. Conditional authority ceases immediately if an application 
is returned as unacceptable for filing. The Commission's rules also 
provide that ``conditional authority may be modified or cancelled by 
the Commission at any time without hearing if, in the Commission's 
discretion, the need for such action arises.''
    Wireless telecommunications in the fixed service bands support a 
variety of critical services such as public safety (including police 
and fire vehicle dispatch), coordination of railroad train movements, 
control of natural gas and oil pipelines, electric grid regulation, and 
backhaul for wireless traffic. Conditional authority allows an 
applicant to provide those types of services more expeditiously, 
without having to wait for the Commission to act on its application. 
Because the 23 GHz Band is shared by federal and non-federal users, 
conditional authority in that band is limited to frequencies for which 
the Commission has an agreement with NTIA to permit conditional 
authorization. NTIA has not stated any objection to allowing 
conditional licensing on the additional two channel pairs. We therefore 
amend our rules to add the 22.025/23.225 GHz and 22.075/23.275 GHz 
channel pairs to the list of frequencies on which we allow conditional 
authority. Such action will allow all licensees to provide service more 
rapidly (subject to the normal limitations on conditional authority 
noted above) while protecting existing licensees.

[[Page 41770]]

B. Legal Basis

    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, as amended, 47 U.S.C. 151, 152, 
154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 
324, 332, and 333.

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

    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 and policies, if adopted. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act (SBA). A ``small business concern'' is one which: 
(1) Is independently owned and operated; (2) is not dominant in its 
field of operation; and (3) satisfies any additional criteria 
established by the SBA.
    Our proposed action, if implemented, may, over time, affect small 
entities that are not easily categorized at present. We therefore 
describe here, at the outset, three comprehensive, statutory small 
entity size standards. First, nationwide, there are a total of 
approximately 27.2 million small businesses, according to the SBA. In 
addition, a ``small organization'' is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 2002, there were 
approximately 1.6 million small organizations. Finally, the term 
``small governmental jurisdiction'' is defined generally as 
``governments of cities, towns, townships, villages, school districts, 
or special districts, with a population of less than fifty thousand.'' 
Census Bureau data for 2002 indicate that there were 87,525 local 
governmental jurisdictions in the United States. We estimate that, of 
this total, 84,377 entities were ``small governmental jurisdictions.'' 
Thus, we estimate that most governmental jurisdictions are small.
    Wireless Telecommunications Carriers (except satellite). Microwave 
services include common carrier, private-operational fixed, and 
broadcast auxiliary radio services. At present, there are approximately 
31,428 common carrier fixed licensees and 79,732 private operational-
fixed licensees and broadcast auxiliary radio licensees in the 
microwave services. The Commission has not yet defined a small business 
with respect to microwave services. For purposes of the FRFA, we will 
use the SBA definition that applies to Wireless Telecommunications 
Carriers (except satellite)--i.e., an entity with no more than 1,500 
persons. Since 2007, the Census Bureau has placed wireless firms within 
this new, broad, economic census category. Prior to that time, such 
firms were within the now-superseded categories of ``Paging'' and 
``Cellular and Other Wireless Telecommunications.'' Under the present 
and prior category definitions, the SBA has deemed a wireless business 
to be small if it has 1,500 or fewer employees. For the category of 
Wireless Telecommunications Carriers (except Satellite), preliminary 
data for 2007 show that there were 11,927 firms operating that year. 
While the Census Bureau has not released data on such establishments 
broken down by number of employees, we note that the Census Bureau 
lists total employment for all firms in that sector at 281,262. Since 
all firms with fewer than 1,500 employees are considered small, given 
the total employment in the sector, we estimate that the vast majority 
of wireless firms are small. We estimate that virtually all of the 
Fixed Microwave licensees (excluding broadcast auxiliary licensees) 
would qualify as small entities under the SBA definition.

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

    This Report and Order imposes no new reporting or recordkeeping 
requirements.

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

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives (among others): (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance rather than design standards; and (4) an 
exemption from coverage of the rule, or any part thereof for small 
entities.
    As noted above, this Report and Order adopts rules to provide 
applicants with improved access to spectrum that is presently 
restricted with respect to bandwidth or that requires completion of 
frequency coordination with NTIA before the applicant can begin 
operations on a conditional basis. As noted above, the vast majority of 
microwave licensees under part 101 of the Commission's rules are 
considered small businesses. Under our rules, the opportunities to 
apply for 30 megahertz channels in the Upper 6 GHz Band and to take 
advantage of conditional authority for the 22.025/23.225 GHz and 
22.075/23.275 GHz channel pairs will be equally available to all 
applicants, including small businesses. Thus, this action will provide 
additional options to all licensees, including small entity licensees. 
Such action will serve the public interest by facilitating the 
efficient use of the 6 GHz and 23 GHz bands. The rules could therefore 
open up economic opportunities to a variety of spectrum users, 
including small businesses.
    The alternative approach would be to maintain the existing rules. 
If the rules were not changed to provide for 30 megahertz channels in 
the Upper 6 GHz Band, applicants who wished to obtain such channels 
would have to take additional time and money to prepare a request for 
waiver of the Commission's rules. Such additional time and expense may 
be particularly disadvantageous to small businesses. Furthermore, 
because a waiver request would be required, applicants cannot commence 
operation until the Commission grants their waiver request and 
application. The resulting delay can make it more difficult for 
applicants to meet their communications needs or the needs of their 
customers. With respect to the 23 GHz Band, the alternative approach 
would be to deny conditional authority on the two additional channel 
pairs and require applicants to wait until the Commission grants their 
application before they can commence service. Again, the resulting 
delay can make it more difficult for applicants to meet their 
communications needs or the needs of their customers.

F. Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rules

    None.

IV. Ordering Clauses

    14. Accordingly, it is ordered, 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, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333, 
that this Report and Order is hereby adopted.

[[Page 41771]]

    15. It is further ordered that part 101 of the Commission's rules 
is amended as set forth in the final rules, and that these rules shall 
be effective 30 days after publication in the Federal Register.
    16. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the U.S. 
Small Business Administration.

List of Subjects in 47 CFR Part 101

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

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

PART 101--FIXED MICROWAVE SERVICES

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

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


0
2. In Sec.  101.31, revise paragraph (b)(1)(vii) to read as follows:


Sec.  101.31  Temporary and conditional authorizations.

* * * * *
    (b) * * *
    (1) * * *
    (vii) With respect to the 21.8-22.1 GHz and 23.0-23.3 GHz band, the 
filed application(s) does not propose to operate on a frequency pair 
centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/
23.125 GHz, 21.975/23.175 GHz, 22.025/23.225 GHz or 22.075/23.275 GHz 
and does not propose to operate with an E.I.R.P. greater than 55 dBm. 
The center frequencies are shifted from the center frequencies listed 
above for certain bandwidths as follows: add 0.005 GHz for 20 MHz 
bandwidth channels, add 0.010 GHz for 30 megahertz bandwidth channels, 
and subtract 0.005 GHz for 40 MHz bandwidth channels. See specific 
channel listings in Sec.  101.147(s).
* * * * *

0
3. In Sec.  101.109(c), in the table revise the entry ``6,525 to 
6,875'' to read as follows:


Sec.  101.109  Bandwidth.

* * * * *
    (c) * * *

------------------------------------------------------------------------
           Frequency band (MHz)             Maximum authorized bandwidth
------------------------------------------------------------------------
 
                                * * * * *
6,525 to 6,875...........................  30 MHz.\1\
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
4. Amend Sec.  101.147 as follows:
0
a. Revise the entry ``6,525-6,875 MHz (14)'' to the list in paragraph 
(a);
0
b. Add note (33) to paragraph (a);
0
c. Add paragraph (l)(8); and
0
d. Revise the entries ``22025'' and ``220075'' to the table in 
paragraphs (s)(3) and (s)(7).


Sec.  101.147  Frequency Assignments.

* * * * *
    (a) * * *
    6,525-6.875 MHz (14) (33)
* * * * *
    Notes
* * * * *
    (33) The coordination of a new 30 megahertz link in the 6,525-6,875 
MHz band should be attempted only if it cannot be accommodated in the 
5,925-6,425 MHz band.
* * * * *
    (l) * * *
    (8) 30 MHz bandwidth channels:

------------------------------------------------------------------------
                                                              Receive
                Transmit (receive) (MHz)                    (transmit)
                                                               (MHz)
------------------------------------------------------------------------
6555....................................................            6725
6595....................................................            6755
6625....................................................            6785
6655....................................................            6815
6685....................................................            6845
------------------------------------------------------------------------

* * * * *
    (s) * * *

------------------------------------------------------------------------
                                                              Receive
                Transmit (receive) (MHz)                    (transmit)
                                                               (MHz)
------------------------------------------------------------------------
(3) 10 MHz bandwidth channels:
 
                                * * * * *
22025 \2\...............................................       \2\ 23225
 
                                * * * * *
22075 \2\...............................................       \2\ 23275
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

------------------------------------------------------------------------
                                                              Receive
                Transmit (receive) (MHz)                    (transmit)
                                                               (MHz)
------------------------------------------------------------------------
(7) 50 MHz bandwidth channels:
 
                                * * * * *
\2\ 22025...............................................       23225 \2\
22075 \2\...............................................       \2\ 23275
 
                                * * * * *
------------------------------------------------------------------------
\2\ These frequencies may be assigned to low power systems, as defined
  in paragraph (8) of this section.

* * * * *
[FR Doc. 2010-17205 Filed 7-14-10; 4:15 pm]
BILLING CODE 6712-01-P