[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Rules and Regulations]
[Pages 45058-45072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18803]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, and 27

[WT Docket No. 07-293; IB Docket No. 95-91; GEN Docket No. 90-357; RM-
8610; FCC 10-82]


Operation of Wireless Communications Services in the 2.3 GHz 
Band; Establishment of Rules and Policies for the Digital Audio Radio 
Satellite Service in the 2310-2360 MHz Frequency Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its rules to enable 
the deployment of mobile broadband services in the Wireless 
Communications Services (WCS) while limiting the potential for harmful 
interference to satellite radio users, aeronautical mobile telemetry 
(AMT) operations, and the Deep Space Network (DSN) research facility in 
Goldstone, CA. In addition, the Commission establishes enhanced 
performance requirements to ensure that WCS licensees use the spectrum 
intensively in the public interest. The Commission also adopts 
technical rules governing the operation of Satellite Digital Audio 
Radio Service (SDARS) terrestrial repeaters that will not constrain 
their function or deployment but will limit the potential for 
interference to adjacent-band WCS spectrum users, a blanket licensing 
regime for repeaters operating up to 12 kilowatts (kW) average 
equivalent isotropically radiated power (EIRP) that will facilitate 
their deployment, and rules that will ensure that SDARS repeaters 
remain truly complementary to a satellite-based service and are not 
used to transmit local programming or advertising.

DATES: Effective September 1, 2010, except for amendments to Sec. Sec.  
25.144(e)(3), 25.144(e)(8), 25.144(e)(9), 25.263(b), 25.263(c), 
27.14(p)(7), 27.72(b), 27.72(c), 27.73(a), and 27.73(b), which contain 
information collection requirements that are not effective until 
approved by the Office of Management and Budget. The Commission will 
publish a document in the Federal Register announcing the effective 
dates for those sections.

FOR FURTHER INFORMATION CONTACT: WCS technical information: Thomas 
Derenge, [email protected], Mobility Division, Wireless 
Telecommunications Bureau, (202) 418-2451. WCS legal information: 
Richard Arsenault, [email protected], Mobility Division, 
Wireless Telecommunications Bureau, (202) 418-0920. SDARS technical 
information: Chip Fleming, [email protected], Engineering Branch, 
Satellite Division, International Bureau, (202) 418-1247. SDARS legal 
information: Stephen Duall, [email protected], Policy Branch, 
Satellite Division, International Bureau, (202) 418-1103. For 
additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Richard Arsenault at (202) 418-0920, or via the Internet at 
[email protected] and Stephen Duall at (202) 418-1103, or via 
the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order and Second Report and Order, WT Docket No. 07-293, IB Docket 
No. 95-91, GEN Docket No. 90-357, RM-8610, FCC 10-82, adopted and 
released on May 20, 2010. The full text of this document is available 
on the Commission's Internet site at www.fcc.gov. It is also available 
for inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC 
20554. The full text of this document also may be purchased from the 
Commission's duplication contractor, Best Copy and Printing Inc., 
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554; 
telephone (202) 488-5300; fax (202) 488-5563; e-mail [email protected].

Paperwork Reduction Act of 1995 Analysis

    This document adopts new or revised information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13 (44 U.S.C. 3501-3520). The requirements will be 
submitted to the Office of Management and Budget (OMB) for

[[Page 45059]]

review under section 3507(d) of the PRA. The Commission will publish a 
separate notice in the Federal Register inviting comment on the new or 
revised information collection requirements adopted herein. The 
requirements will not go into effect until OMB has approved them and 
the FCC has published a notice announcing the effective date of the 
information collection requirements. In addition, we note that pursuant 
to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how 
the Commission might ``further reduce the information collection burden 
for small business concerns with fewer than 25 employees.'' In this 
present document, we have assessed the potential effects of the various 
policy changes with regard to information collection burdens on small 
business concerns, and find that these requirements will benefit WCS 
licensees with fewer than 25 employees. In addition, we have described 
impacts that might affect small businesses, including most businesses 
with fewer than 25 employees, in the Final Regulatory Flexibility 
Analysis (FRFA) below.

Summary of the Report and Order

    1. The current part 27 rules effectively preclude Wireless 
Communications Services (WCS) licensees from providing mobile broadband 
services, and the current part 25 rules do not provide technical rules 
or a licensing regime for SDARS terrestrial repeaters, which are 
currently authorized pursuant to grants of special temporary authority 
on a non-interference basis. In the Report and Order in WT Docket No. 
07-293, the Commission adopted final rules for the WCS that will modify 
the technical rules governing the operation of WCS mobile and portable 
devices and thereby provide WCS licensees with the ability to offer 
mobile broadband services, while limiting the potential for harmful 
interference to incumbent services operating in adjacent bands. In the 
Second Report and Order in IB Docket No. 95-91, the Commission adopted 
technical rules governing the operation of SDARS terrestrial repeaters 
that will not impede their deployment or function, but will limit the 
potential for harmful interference to adjacent bands' WCS spectrum 
users, and adopted a blanket-licensing regime for SDARS repeaters to 
promote their flexible deployment.
    2. Specifically, the Report and Order adopted in WT Docket No. 07-
293 establishes a regulatory framework for the co-existence of SDARS 
and WCS licensees in the 2305-2360 MHz (2.3 GHz) frequency band. The 
Report and Order modified the rules governing WCS operations to allow 
the operation of mobile and portable stations at power levels of up to 
250 milliwatts (mW) average equivalent isotropically radiated power 
(EIRP) per 5 megahertz in WCS Blocks A and B and in the portions of WCS 
Blocks C and D that are separated by 2.5 megahertz from the edges of 
the SDARS band at 2320-2345 MHz (i.e., 2305-2317.5 and 2347.5-2360 
MHz). WCS mobile and portable devices are not permitted to operate in 
the 2.5-megahertz portions of the WCS C and D blocks closest to the 
SDARS band (i.e., 2317.5-2320 and 2345-2347.5 MHz). WCS mobile and 
portable devices using time division duplex (TDD) technology are 
limited to a duty cycle of 38 percent. WCS mobile and portable devices 
using frequency division duplex (FDD) technology are limited to a duty 
cycle of 25 percent in the lower WCS A and B blocks and 12.5 percent in 
the 2.5-megahertz portion of the WCS C block furthest from the SDARS 
band edge, and are restricted to transmitting in the 2305-2317.5 MHz 
band. Fixed WCS customer premises equipment (CPE) devices are limited 
to a peak EIRP of 20 watts per 5 megahertz. WCS mobile, portable, and 
fixed CPE devices must also employ automatic transmit power control 
(ATPC) when operating so the devices use the minimum power necessary 
for successful communications.
    3. Additionally, under the new rules adopted in the Report and 
Order, for WCS mobile and portable devices, and fixed WCS CPE devices 
operating with an average EIRP of 2 watts per 5 megahertz or less, the 
out-of-band emissions (OOBE), as measured over a 1-megahertz resolution 
bandwidth, must be attenuated below the transmitter power P by a factor 
not less than 43 + 10 log (P) decibels (dB) on all frequencies between 
2305-2317.5 MHz and on all frequencies between 2347.5-2360 MHz that are 
outside the licensed band of operation, not less than 55 + 10 log (P) 
dB in the 2320-2324/2341-2345 MHz bands, not less than 61 + 10 log (P) 
dB in the 2324-2328/2337-2341 MHz bands, and not less than 67 + 10 log 
(P) dB in the 2328-2337 MHz band, where P is the transmitter output 
power in watts. OOBE for these devices must also be attenuated by a 
factor of not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not 
less than 55 + 10 log (P) dB at 2300 MHz, not less than 61 + 10 log (P) 
dB at 2296 MHz, not less than 67 + 10 log (P) dB at 2292 MHz, and not 
less than 70 + 10 log (P) dB below 2288 MHz and above 2365 MHz.
    4. WCS base and fixed stations in WCS Blocks A and B (i.e., 2305-
2315 and 2350-2360 MHz) will be permitted to operate with up to 2 
kilowatts (kW) average EIRP per 5 megahertz with a 13 dB peak-to-
average power ratio (PAPR). Base and fixed stations in WCS Blocks C and 
D (i.e., 2315-2320 and 2345-2350 MHz) are limited to the 2 kW per 5 
megahertz peak EIRP limit currently specified in our rules. WCS base 
stations supporting FDD mobile and portable operations are restricted 
to transmitting in the 2345-2360 MHz band. For WCS base and fixed 
stations, and fixed WCS CPE operating with an average EIRP greater than 
2 watts per 5 megahertz, the OOBE must be attenuated below the 
transmitter power P by a factor of not less than 43 + 10 log (P) dB on 
all frequencies between 2305-2320 MHz and on all frequencies between 
2345-2360 MHz that are outside the licensed band of operation, not less 
than 75 + 10 log (P) dB on all frequencies in the 2320-2345 MHz band, 
not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 
+ 10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 
and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 
MHz, and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370 
MHz.
    5. The Report and Order also establishes enhanced performance 
requirements to ensure that WCS licensees use the spectrum intensively 
in the public interest. For mobile and point-to-multipoint services, 
licensees must serve 40 percent of a license area's population within 
42 months, and 75 percent within 72 months. For fixed point-to-point 
services, licensees must construct and operate 15 point-to-point links 
per million persons in a license area within 42 months, and 30 links 
within 72 months. Licensees will not be required to satisfy submarket 
construction requirements. In those license areas where licensees must 
coordinate with aeronautical mobile telemetry (AMT) receive sites to 
serve a significant percentage of a market's total population, the 
Commission established alternative requirements for mobile and point-
to-multipoint services. Specifically, affected licensees must serve 25 
(rather than 40) percent of the population within 42 months, and 50 
(rather than 75) percent within 72 months.
    6. The Second Report and Order in IB Docket No. 95-91 adopted rules 
for the operation of SDARS terrestrial repeaters, including adopting a 
power limit of 12 kW average EIRP, with a maximum

[[Page 45060]]

PAPR of 13 dB. It also requires repeaters operating at power levels 
greater than 2 W average EIRP to attenuate their OOBE by a factor not 
less than 90 + 10 log (P) dB over a 1-megahertz resolution bandwidth. 
Repeaters operating at power levels of 2 W or less average EIRP must 
attenuate their OOBE by a factor not less than 75 + 10 log (P) dB over 
a 1-megahertz resolution bandwidth. Repeaters may operate at levels 
greater than 12 kW average EIRP, or with lesser OOBE attenuation 
levels, until the SDARS licensee is notified in writing by a 
potentially affected WCS licensee that it has commenced commercial 
service already, or that it intends to commence commercial service 
within 365 days following the notice. The SDARS licensee will then have 
180 days from the date it receives the written notice to bring 
repeaters in the area of the potentially affected WCS licensee into 
compliance with the 12 kW average EIRP power limit and the OOBE 
attenuation levels adopted in the Second Report and Order.
    7. The Second Report and Order also established a blanket licensing 
regime for repeaters operating up to 12 kW average EIRP with a maximum 
peak-to-average power ratio (PAPR) of 13 dB. As part of the application 
for a blanket license to operate SDARS repeaters, the SDARS licensee 
must specify the maximum number of repeaters that will be deployed 
under the authorization at (1) power levels equal to or less than 2 W 
average EIRP, and (2) power levels greater than 2 W average EIRP (up to 
12 kW average EIRP). The application must also identify the space 
station(s) with which the terrestrial repeaters will communicate, the 
frequencies and emission designations of such communications, and the 
frequencies and emission designations used to re-transmit the received 
signals. The application must also include a certification that the 
proposed SDARS repeater operations will comply with all the rules 
adopted for such operations. The fees associated with SDARS terrestrial 
repeater filings shall be those associated with filing for Fixed-
Satellite Service (FSS) Very Small Aperture Terminal (VSAT) systems in 
Sec.  1.1107 of the Commission's rules. Repeater operations that do not 
comply with the rules adopted for SDARS repeaters operations are not 
eligible for blanket licensing and must be licensed on a site-by-site 
basis.
    8. The Second Report and Order requires SDARS licensees to notify 
potentially affected WCS licensees prior to the deployment of new or 
modified SDARS terrestrial repeaters. As part of this requirement, 
SDARS licensees must share with WCS licensees certain technical 
information at least 10 business days before operating a new repeater, 
and at least 5 business days before operating a modified repeater. 
SDARS licensees must also provide potentially affected WCS licensees an 
inventory of their repeater infrastructure and must make this inventory 
available to the Commission upon request.
    9. The Second Report and Order adopts other rules governing SDARS 
terrestrial repeaters. Only entities holding or controlling SDARS space 
station licenses may construct and operate SDARS repeaters and only in 
conjunction with at least one SDARS space station that is concurrently 
authorized and transmitting directly to subscribers. SDARS licensees 
may operate terrestrial repeaters in Alaska, Hawaii, and other U.S. 
Territories and Possessions that are not within the service footprint 
of SDARS satellites. Environmental evaluations are required for outdoor 
SDARS repeaters operating at over 1,640 W EIRP, and for indoor 
repeaters operating at over 2 W EIRP. SDARS repeaters must comply with 
the Commission's radiofrequency (RF) safety rules in part 1, subpart I, 
and the Commission's rules regarding the marking and lighting of 
antenna structures in part 17. SDARS repeater operations must comply 
with international agreements between the U.S. Government and the 
administrations of Canada and Mexico regarding the operations of SDARS 
terrestrial repeaters. SDARS repeaters are required to be authorized 
under the Commission's equipment Certification procedure before they 
are imported or commercially distributed in the United States, and 
Certification tests must be completed in accordance with prescribed 
procedures.
    10. SDARS repeaters are also restricted to the simultaneous 
retransmission of the complete programming, and only that programming, 
transmitted by the SDARS licensee's satellite directly to the SDARS 
licensee's subscribers' receivers, and may not be used to distribute 
any information not also transmitted to all subscribers' receivers. 
SDARS operators may not use SDARS repeaters to retransmit regional spot 
beams.
    11. As part of the Second Report and Order, the Commission also 
denied the petitions for reconsideration of the 1997 SDARS Order filed 
by the Consumer Electronics Manufacturing Association (CEMA) and the 
Cellular Phone Taskforce.

Final Regulatory Flexibility Analysis

    Report and Order in WT Docket No. 07-293.
     12. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ Initial Regulatory Flexibility Analyses (IRFA) were 
incorporated in the Notice of Proposed Rulemaking (2007 Notice),\2\ as 
well as the WCS Performance Public Notice \3\ in WT Docket No. 07-293. 
The Commission sought written public comment on the proposals in the 
2007 Notice and WCS Performance Public Notice, including comment on the 
IRFAs. This present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.\4\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law No. 104-121, Title II, 110 Stat. 857 
(1996).
    \2\ See Amendment of Part 27 of the Commission's Rules to Govern 
the Operation of Wireless Communications Services in the 2.3 GHz 
Band and Establishment of Rules and Policies for the Digital Audio 
Radio Satellite Service in the 2310-2360 MHz Frequency Band, Notice 
of Proposed Rulemaking and Second Further Notice of Proposed 
Rulemaking, WT Docket No. 07-293 and IB Docket No. 95-91, 22 FCC Rcd 
22123, 22156-22159 (2007) (``2007 Notice'').
    \3\ See ``Federal Communications Commission Requests Comment on 
Revision of Performance Requirements for 2.3 GHz Wireless 
Communications Service,'' WT Docket No. 07-293, Public Notice, FCC 
10-46 (rel. March 29, 2010) (WCS Performance Public Notice).
    \4\ See 5 U.S.C. 604. A Final Regulatory Flexibility Analysis of 
the Second Report and Order in IB Docket No. 95-91 is contained in a 
separate appendix.
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A. Need for, and Objectives of, the Report and Order

    13. In this Report and Order, the Commission takes a number of 
steps to facilitate deployment of mobile broadband products and 
services in the 2305-2320 MHz and 2345-2360 MHz Wireless Communications 
Service (WCS) bands, while safeguarding from harmful interference 
satellite radio services, which are provided in the interstitial 2320-
2345 MHz Satellite Digital Radio Service (SDARS) band. These steps are 
set forth below in paragraphs 14-21.
    14. In this Report and Order, the objective of the Commission is to 
resolve the issue of potential interference between the proposed 
simultaneous and potentially conflicting operations of SDARS and WCS 
licensees by establishing a regulatory framework that allows such 
licensees in the 2305-2360 MHz frequency band to co-exist. 
Specifically, the Commission revises certain power and out-of-band 
emissions (OOBE) rules applicable to WCS licensees.

[[Page 45061]]

    15. Mobile and Portable (Handheld) Power Limits. Upon careful 
consideration of the technical analyses submitted in the record, the 
Commission revises the power limits for mobile and portable device 
operations in all WCS spectrum blocks. Noting that mobile handheld 
devices operating in other services typically employ up to 
approximately 250 milliwatts (mW) of power, the Commission establishes 
a power limit of 250 mW per 5-megahertz average equivalent 
isotropically radiated power (EIRP) for the WCS A and B blocks and for 
the lower 2.5 megahertz of the WCS C Block and the upper 2.5 megahertz 
of the WCS D Block, limited to 50 mW/MHz of EIRP. The Report and Order, 
however, prohibits WCS mobile and portable devices from operating in 
the upper 2.5 megahertz of the WCS C Block and the lower 2.5 megahertz 
of the WCS D block in light of the immediate adjacency of those blocks 
to the SDARS band. The Commission concludes that these restrictions are 
needed to provide added protection to SDARS receivers in the 2320-2345 
MHz band.
    16. Mobile and Portable Emission Limits. Noting that the existing 
110 + 10 log (P) dB out-of-band emissions (OOBE) attenuation applicable 
to WCS mobile equipment \5\ is so restrictive such that, in effect, no 
mobile operation is feasible, the Commission lowers the applicable 
emission limits to provide WCS licensees greater flexibility. The 
Report and Order revises OOBE rules to require that a WCS mobile or 
portable device attenuate its output emissions below the transmitter 
power P by a factor of not less than 43 + 10 log (P) dB in the 2305-
2317.5 MHz and 2347.5-2360 MHz bands on frequencies that are outside 
the licensed band of operation, not less than 55 + 10 log (P) dB in the 
4 megahertz of SDARS spectrum nearest the WCS band (i.e., 2320-2324 MHz 
and 2341-2345 MHz), 61 + 10 log (P) dB in the center 4 megahertz of 
each SDARS assignment (2324-2328 MHz and 2337-2341 MHz), and 67 + 10 
log (P) dB in the spectrum shared by SDARS operators (2328-2337 MHz). 
These revised OOBE limits are intended to minimize the potential for 
interference to satellite radio users in the vast majority of 
circumstances, while enabling WCS licensees to deliver vital mobile 
broadband services to the public. To limit the potential for 
interference to Deep Space Network (DSN) operations in the 2290-2300 
MHz band and Aeronautical Mobile Telemetry (AMT) operations in the 
2360-2395 MHz band, WCS mobile and portable devices OOBE must be 
attenuated by a factor of not less than 43 + 10 log (P) dB at 2305 and 
2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less than 
61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log (P) dB at 
2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and above 
2365 MHz.
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    \5\ See 47 CFR 27.53(a)(2).
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    17. Base and Fixed Station Power and OOBE Limits. In order to 
appropriately balance the interests of both SDARS and WCS, the 
Commission concludes that base and fixed station power limits for the 
WCS C and D blocks should not be revised. Because of the proximity of 
the C and D blocks to the SDARS band, the Commission agrees with SDARS 
licensees that the current 2,000 Watts (W) peak EIRP limit applicable 
to these blocks should be retained. However, the Report and Order 
revises the power limit for base and fixed station operations in WCS 
Blocks A and B from the current 2,000 Watts peak EIRP limit to 2,000 W 
over 5 megahertz (400 W/MHz), which will be measured on an average 
basis with a maximum peak-to-average power ratio (PAPR) of 13 dB. This 
approach, combined with the 250 mW average EIRP limit for WCS mobile 
and portable devices and the related OOBE limit for emissions into the 
SDARS band, will provide the technical flexibility for WCS licensees in 
these blocks to deploy much needed broadband services to the public 
with minimal impact on satellite radio users.
    18. Additionally, in the Report and Order, the Commission also 
seeks to provide WCS licensees with greater flexibility with regard to 
emission limits by adopting for WCS bases and fixed stations an OOBE 
attenuation factor of not less than 43 + 10 log (P) dB on all 
frequencies between 2305-2320 MHz and on all frequencies between 2345-
2360 MHz that are outside the licensed band of operation, and not less 
than 75 + 10 log (P) dB below the transmitter power P, as measured over 
a 1-megahertz resolution bandwidth, on frequencies in the SDARS band at 
2320-2345 MHz. In addition, to protect DSN operations in the 2290-2300 
MHz band and AMT operations in the 2360-2395 MHz band, WCS base and 
fixed stations' OOBE must be attenuated by a factor of not less than 43 
+ 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB 
at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 and 2365 MHz, 
not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 MHz, and not less 
than 75 + 10 log (P) dB below 2285 MHz and above 2370 MHz.
    19. Fixed Customer Premises Equipment (CPE) Power and OOBE Limits. 
In the Report and Order, the Commission maintains the current mobile 
transmitter power limit of 20 W per 5-megahertz peak EIRP for WCS fixed 
CPE devices. The Commission notes that there have not been any 
significant reports of interference to SDARS operations resulting from 
currently authorized equipment, and does not expect SDARS operations to 
experience any appreciable increase in interference from these WCS 
operations if the current limit is retained. Moreover, the Commission 
believes that continuing to allow WCS fixed CPE devices to use up to 20 
W per 5-megahertz EIRP will enhance the provision and quality of 
service in rural areas, where subscribers are often located significant 
distances from WCS licensees' serving base stations.
    20. Additionally, the Commission adopted, for WCS fixed CPE devices 
operating above 2 Watts per 5-megahertz average EIRP, an OOBE 
attenuation factor of not less than 43 + 10 log (P) dB on all 
frequencies between 2305-2320 MHz and on all frequencies between 2345-
2360 MHz that are outside the licensed band of operation, not less than 
75 + 10 log (P) dB on all frequencies in the 2320-2345 MHz band, not 
less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 
10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 
and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 
MHz, and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370 
MHz.
    21. For lower power CPE devices operating at or below 2 W per 5-
megahertz average EIRP, the Commission further relaxed the OOBE 
attenuation levels measured over a 1-meghaertz resolution bandwidth to 
the levels it adopted for mobile devices: not less than 43 + 10 log (P) 
dB in the 2305-2320 MHz and 2345-2360 MHz bands on frequencies that are 
outside the licensed band of operation, not less than 55 + 10 log (P) 
dB in the 2320-2324 MHz and 2341-2345 MHz bands, not less than 61 + 10 
log (P) dB in the 2324-2328 MHz and 2337-2341 MHz bands, not less than 
67 + 10 log (P) dB in the 2328-2337 MHz band, not less than not less 
than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log 
(P) dB at 2300 MHz, not less than 61 + 10 log (P) dB at 2296 MHz, not 
less than 67 + 10 log (P) dB at 2292 MHz, and not less than 70 + 10 log 
(P) dB below 2288 and above 2365 MHz.
    22. Notification Requirement. The Report and Order adopted a new 
rule Sec.  27.72, which will require WCS licensees to notify, and share 
certain technical information with, SDARS licensees 10 business days 
prior to

[[Page 45062]]

commencing operation of a base station and 5 business days prior to 
commencing operation of a modified base station, to avoid potential 
interference to SDARS operations. The Report and Order also requires 
WCS licensees to provide SDARS licensees an inventory of their deployed 
infrastructure consistent with, and within 30 days of the effective 
date of Sec.  27.72.
    23. Protection of Deep Space Network and Aeronautical Mobile 
Telemetry Operations. Further, the Commission adopts measures to 
protect Deep Space Network (DSN) operations in the 2290-2300 MHz band, 
as well as Aeronautical Mobile Telemetry (AMT) operations in the 2360-
2395 MHz band. To protect DSN operations in the 2290-2300 MHz band, the 
Report and Order adopts a combination of reasonable OOBE limits and a 
coordination distance of 145 km for WCS base stations. Similarly, the 
Commission also adopted revised OOBE limits for emissions into the 
2360-2395 MHz band, and requires WCS licensees to coordinate with AMT 
entities in circumstances where a WCS base station is within 45 
kilometers or line of sight from an AMT receiver, whichever distance is 
greater. The Commission finds that these measures provide appropriate 
protection for operations below 2305 MHz and above 2360 MHz yet give 
WCS licensees sufficient flexibility to deploy mobile broadband 
services.
    24. WCS Performance Requirements. The Commission also adopted 
enhanced performance requirements, which will further the public 
interest by promoting the rapid deployment of new broadband services to 
the American public. Specifically, WCS licensees providing mobile or 
point-to-multipoint services must provide reliable signal coverage to 
40 percent of a license area's population within 42 months, and 75 
percent of a license area's population within 72 months. Further, the 
Report and Order requires that WCS licensees deploying point-to-point 
fixed services construct and operate 15 point-to-point links per 
million persons in a license area within 42 months, and 30 point-to-
point links per million persons in a license area within 72 months, 
together with a minimum payload capacity.
    25. The Commission establishes alternative performance requirements 
for license areas where WCS licensees providing mobile or point-to-
multipoint services must coordinate with aeronautical mobile telemetry 
(AMT) entities to serve a significant percentage of a market's total 
population. Specifically, in any license area where 25 percent or more 
the population is within an AMT zone, affected licensees must serve 25 
percent (rather than 40) of the population within 42 months, and 50 
percent (rather than 75) within 72 months. Because it will be easier to 
coordinate point-to-point systems in the vicinity of AMT receive sites, 
the Report and Order does not find it necessary to reduce the 
applicable construction thresholds for point-to-point facilities.

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

    26. No comments were received in response to the IRFAs in the 2007 
Notice and the WCS Performance Public Notice.

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

    27. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \6\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\7\ 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).\8\ A small organization is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' \9\ Below, the 
Commission further describes and estimates the number of small entity 
licensees and regulatees that may be affected by the rules changes 
explored in the Notices.
---------------------------------------------------------------------------

    \6\ See 5 U.S.C. 601(6).
    \7\ See 5 U.S.C. 601(3) (incorporating by reference the 
definition of ``small business concern'' in 15 U.S.C. 632). Pursuant 
to the RFA, 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 which are appropriate 
to the activities of the agency and publishes such definition(s) in 
the Federal Register.
    \8\ See Small Business Act, 5 U.S.C. 632 (1996).
    \9\ See 5 U.S.C. 601(4).
---------------------------------------------------------------------------

    28. WCS Licensees. The Wireless Communication Service in the 2305-
2360 MHz (2.3 GHz) frequency band has flexible rules that permit 
licensees in this service to provide fixed, mobile, portable, and 
radiolocation services. Licensees are also permitted to provide 
satellite digital audio radio services. The SBA rules establish a size 
standard for ``Wireless Telecommunications Carriers,' which encompasses 
business entities engaged in radiotelephone communications employing no 
more that 1,500 persons.\10\ There are currently 155 active WCS 
licenses held by 10 licensees. Of these, 7 licensees qualify as small 
entities and hold a total of 50 licenses.
---------------------------------------------------------------------------

    \10\ See 13 CFR 121.201, NAICS code 517110
---------------------------------------------------------------------------

    29. RF Equipment Manufacturers. The Census Bureau defines this 
category as follows: ``This industry comprises establishments primarily 
engaged in manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \11\ The SBA has developed a small business 
size standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: All such firms having 
750 or fewer employees.\12\ According to Census Bureau data for 2002, 
there were a total of 1,041 establishments in this category that 
operated for the entire year.\13\ Of this total, 1,010 had employment 
of under 500, and an additional 13 had employment of 500 to 999.\14\ 
Thus, under this size standard, the majority of firms can be considered 
small.
---------------------------------------------------------------------------

    \11\ U.S. Census Bureau, 2002 NAICS Definitions, ``334220 Radio 
and Television Broadcasting and Wireless Communications Equipment 
Manufacturing''; http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.
    \12\ See 13 CFR 121.201, NAICS code 334220.
    \13\ U.S. Census Bureau, American FactFinder, 2002 Economic 
Census, Industry Series, Industry Statistics by Employment Size, 
NAICS code 334220 (released May 26, 2005); http://factfinder.census.gov. The number of ``establishments'' is a less 
helpful indicator of small business prevalence in this context than 
would be the number of ``firms'' or ``companies,'' because the 
latter take into account the concept of common ownership or control. 
Any single physical location for an entity is an establishment, even 
though that location may be owned by a different establishment. 
Thus, the numbers given may reflect inflated numbers of businesses 
in this category, including the numbers of small businesses. In this 
category, the Census breaks-out data for firms or companies only to 
give the total number of such entities for 2002, which were 929.
    \14\ Id. An additional 18 establishments had employment of 1,000 
or more.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    30. The Report and Order imposes certain changes in projected 
reporting,

[[Page 45063]]

record keeping, and other compliance requirements. These changes affect 
small and large companies equally. With respect to coordination 
requirements in circumstances where WCS licensees are within certain 
distances from AMT operations, the Report and Order requires WCS and 
AMT entities to cooperate in good faith in order to minimize the 
likelihood of harmful interference, make the most effective use of 
facilities, as well as to resolve actual instances of harmful 
interference. The Report and Order also requires coordinating parties 
to share accurate and relevant information in a timely and efficient 
manner. Parties unable to reach a mutually acceptable coordination 
agreement may approach the Wireless Telecommunications Bureau, which, 
in cooperation with the Office of Engineering and Technology and the 
National Telecommunications & Information Administration (NTIA), may 
impose restrictions on operating parameters such as the transmitter 
power, antenna height, or area or hours of operation of the stations. 
Deadlines may also be imposed if it appears that parties are unable to 
reach a mutually acceptable arrangement within a reasonable time 
period.
    31. The Report and Order requires that WCS licensees demonstrate 
compliance with any revised performance requirements by filing a 
construction notification within 15 days of the relevant benchmark and 
certifying that they have met the applicable performance requirements. 
The Report and Order requires that each construction notification 
should include electronic coverage maps and supporting documentation, 
which must be truthful and accurate and must not omit material 
information that is necessary for the Commission to determine 
compliance with its performance requirements. Further, the electronic 
coverage maps must clearly and accurately depict the boundaries of each 
license area (Regional Economic Area Grouping, REAG, or Major Economic 
Area, MEA) in the licensee's service territory, with REAG maps 
depicting MEA boundaries, and MEA maps depicting Economic Area 
boundaries. The Report and Order provides that if the licensee's signal 
does not provide service to the entire license area, the map must 
clearly and accurately depict the boundaries of the area or areas 
within each license area not being served. These procedures direct each 
licensee to file supporting documentation certifying the type of 
service it is providing for each REAG or MEA within its license service 
territory and the type of technology it is utilizing to provide such 
service. Further, the compliance procedures require the supporting 
documentation to provide the assumptions used to create the coverage 
maps, including the propagation model and the signal strength necessary 
to provide service with the licensee's technology.
    32. Other than these requirements, as well as the notification 
obligations discussed above, there are no other specific reporting or 
recordkeeping requirements adopted in the Report and Order.

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

    33. 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: (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.\15\
---------------------------------------------------------------------------

    \15\ See 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    34. The Commission's principal objective in this proceeding is to 
enable the provision of promising mobile broadband services to the 
public in the WCS spectrum to the maximum extent practicable, while 
ensuring that satellite radio operations are not unreasonably impacted 
by the Commission's actions. Adopting overly stringent technical rules 
for WCS to protect SDARS operations from interference will preclude WCS 
mobile operation, while liberalizing the WCS rules too much will result 
in harmful interference and disruption to SDARS service. Such results 
would cause significant adverse economic impact on either WCS 
licensees, which include small entities, or on SDARS operations.\16\ 
Accordingly, the Commission has considered various alternatives, as 
described below, in order to best provide WCS licensees, including 
small-entity WCS licensees, with the flexibility to provide mobile 
service, while also protecting against disruptions to SDARS operations 
due to harmful interference.
---------------------------------------------------------------------------

    \16\ There are no satellite radio licensees that are considered 
small entities for the purposes of the RFA.
---------------------------------------------------------------------------

    35. Mobile and Portable (Handheld) Device Power Limits. In response 
to the 2007 Notice's request for comment regarding applicable mobile 
and portable device power limits, the WCS Coalition argues that, in 
conjunction with the use of certain OOBE limits (described below), 
mobile and portable devices should be permitted to operate at a maximum 
of 250 mW average EIRP, and subject to the use of transmit power 
control mechanisms. In contrast, SDARS licensees initially proposed 
that WCS mobile and portable devices operating on WCS Blocks A and B 
should be limited to 10 mW EIRP, and that mobile and portable devices 
operating in WCS Blocks C and D should be limited to 1 mW EIRP. More 
recently, Sirius XM Radio, Inc., a SDARS licensee,\17\ advocates that 
no change be made to current technical restrictions for mobile and 
portable devices on the C and D blocks. After a review of the technical 
analyses submitted by the parties, the Commission determines that a 
power level of 250 mW per 5-megahertz average EIRP for Blocks A and B 
and for the lower 2.5 megahertz of the WCS C Block and upper 2.5 
megahertz of the WCS D Block, limited to 50 mW/MHz of EIRP, using ATPC 
and subject to the OOBE limit discussed below, should allow adequate 
user reception of satellite radio, while also enabling WCS licensees, 
including small entities, to provide valuable mobile services to the 
public. Further, the Commission believes that prohibiting mobile and 
portable devices from transmitting in the 2.5 megahertz portions of the 
WCS C and D Blocks closest to the SDARS band will further limit the 
potential for harmful interference to SDARS receivers in the 2320-2345 
MHz band. The Commission believes that its overall approach strikes the 
appropriate balance between the WCS Coalition's request that the 
Commission adopt a 250 mW average EIRP limit for mobile and portable 
stations in WCS Blocks A and B and the 2.5 megahertz portions of WCS 
Blocks C and D furthest from the SDARS band, and its reduced stepped 
power levels for WCS Blocks C and D, and SDARS licensees' proposals for 
the WCS band.
---------------------------------------------------------------------------

    \17\ Sirius XM Radio, Inc. (Sirius XM), formerly Sirius 
Satellite Radio, Inc.
---------------------------------------------------------------------------

    36. Mobile and Portable Device Out-of-Band Emission Limits. In the 
2007 Notice, the Commission asked interested parties to address how the 
WCS industry would be affected if the Commission were to retain the 
current out-of-band emission (OOBE) limits of 110 + 10 log (P) dB for 
mobile and portable devices, and whether the limit

[[Page 45064]]

should be revised. In response, the WCS Coalition argued that the 
current limit is too restrictive, and proposed that the Commission 
adopt stepped OOBE limits of 55 + 10 log (P) dB in the 2320-2324 MHz/
2341-2345 MHz bands, 61 + 10 log (P) dB in the 2324-2328 MHz/2337-2341 
MHz bands, and 67 + 10 log (P) dB in the 2328-2337 MHz band. Another 
WCS licensee, NextWave Wireless (NextWave), advocates relaxing the OOBE 
limit to 60 + 10 log (P) dB, while Sirius XM proposes an emission limit 
of 86 + 10 log (P) dB.
    37. Based on its review of the record in this proceeding, the 
Commission determines that it should require that WCS mobile and 
portable devices' OOBE be attenuated below the transmitter power P by a 
factor of not less than 43 + 10 log (P) dB in the 2305-2317.5 MHz and 
2347.5-2360 MHz bands on frequencies that are outside the licensed band 
of operation, not less than 55 + 10 log (P) dB in the 2320-2324 MHz and 
2341-2345 MHz bands, by 61 + 10 log (P) dB in the 2324-2328 MHz and 
2337-2341 MHz bands, and by 67 + 10 log (P) dB in the 2328-2337 MHz 
band. In addition, mobile and portable devices' OOBE must be attenuated 
by a factor of not less than not less than 43 + 10 log (P) dB at 2305 
and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less 
than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log(P) dB at 
2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and above 
2365 MHz. In adopting these factors, the Commission believes that these 
limits will help avoid significant adverse economic impact to the WCS 
industry, as well as to SDARS operations by enabling WCS licensees to 
provide mobile services that were not viable under the existing rules, 
and by permitting SDARS licensees to continue to operate without undue 
interference from the WCS band. In addition, these OOBE attenuation 
factors will limit the potential for interference to Deep Space Network 
(DSN) operations in the 2290-2300 MHz band and Aeronautical Mobile 
Telemetry operations in the 2360-2395 MHz band. In adopting the stepped 
OOBE limits, the Commission declines to adopt Sirius XM's request for a 
more restrictive OOBE limit because such limit would effectively 
preclude WCS licensees, including small entities, from deploying mobile 
service. The Commission also finds that the proposal by the WCS 
Coalition will provide greater overall protection to SDARS operations 
than the 60 + 10 log (P) dB) advocated by NextWave. Accordingly, 
adoption of the above-specified stepped OOBE limits into the applicable 
portions of the 2320-2345 MHz SDARS band best minimizes significant 
economic impacts on small, as well as larger, entities.
    38. Base Station Power Limits. In the 2007 Notice, the Commission 
sought comment on the WCS Coalition's proposal that it revise the 
existing 2,000 W (2 kW) EIRP peak power limit with a 2 kW EIRP average 
power limit for WCS fixed and base stations. The Commission asked 
interested parties to address what impact, if any, adoption of an 
average, rather than peak, power limit for WCS would have on the 
ability of WCS licensees to deploy new services. In response, the WCS 
Coalition reiterates its support of a 2 kW EIRP average power limit, 
and states that applying a power limit on an average vs. peak basis 
will provide greater interference protection to SDARS operations. In 
contrast, SDARS licensees argue that applying an average power limit is 
not supported, and that such use will quadruple the amount of harmful 
interference to SDARS receivers. Sirius XM prefers the use of ground-
level emission limits to govern transmitting facilities, but would 
accept retaining existing power limits measured on a peak basis, or 
other traditional power restrictions that offer sufficient protection 
to SDARS.
    39. Based on its analysis of the record and a balancing of its 
objectives in this proceeding, the Commission adopts, in part, the WCS 
Coalition's proposal regarding base station power limits for WCS Blocks 
A and B, and also adopts in part Sirius XM's proposal regarding base 
station power limits in WCS Blocks C and D. The Commission finds that 
it is appropriate to modify the WCS Blocks A and B base station limit 
to 2 kW EIRP over 5 megahertz (400 W/MHz), which will be measured on an 
average basis with a maximum peak-to-average power ratio (PAPR) of 
13dB. The Commission finds that these measures will adequately protect 
SDARS operations, and concludes that the ground-level emission limits 
sought by Sirius XM would be overly complex and burdensome for WCS 
licensees, including small entities, to comply with.
    40. However, while the Commission concludes that adopting the WCS 
proposal is desirable with respect to the A and B blocks, it retains 
the power limits for WCS operations in the C and D blocks at 2 kW peak 
EIRP over 5 megahertz (400 W/MHz). Because base station operations in 
WCS Blocks C and D inherently pose more risk of potential interference 
to satellite radio users than would base station operations in Blocks A 
and B, which are separated from the SDARS spectrum by at least 5 
megahertz, the Commission considers maintaining the current limits 
appropriate in order to minimize interference into satellite radio 
operations.
    41. The Commission expects that both approaches, combined with the 
250 mW per 5 megahertz average EIRP limit for WCS mobile and portable 
devices and the related OOBE attenuation factors of not less than 43 + 
10 log (P) dB in the 2305-2317.5 MHz and 2347.5 MHz bands on 
frequencies that are outside the licensed band of operation, not less 
than 55 + 10 log (P) dB in the 2320-2324 MHz/2341-2345 MHz bands, 61 + 
10 log (P) dB in the 2324-2328 MHz/2337-2341 MHz bands, and 67 + 10 log 
(P) dB in the 2328-2337 MHz band, and not less than 43 + 10 log (P) dB 
at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not 
less than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log (P) 
dB at 2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and 
above 2365 MHz, should provide the technical flexibility for WCS 
licensees to deploy mobile service, and thereby avoid the adverse 
economic impact to WCS licensees, including small entities, that would 
occur without the ability to provide such service.
    42. Base and Fixed Station OOBE Limits. In the 2007 Notice, the 
Commission sought comment on whether Sirius' proposal for a requirement 
to limit ground-level emissions would facilitate the deployment of both 
SDARS and WCS services to the public. The Commission also sought 
comment in the 2007 Notice on the WCS Coalition's proposal to require 
both WCS and SDARS licensees to attenuate base stations' OOBE by a 
factor of 75 + 10 log (P) dB, as measured over a 1-megahertz resolution 
bandwidth. In its comments on the 2007 Notice, the WCS Coalition 
reiterated its support for the 75 + 10 log (P) dB attenuation 
requirement. Sirius XM also supported relaxing the OOBE attenuation 
requirement for WCS base stations to 75 + 10 log (P) dB but with 
ground-level emissions limits of 100 dB[micro]V/m for WCS Blocks A and 
B and 90 dB[micro]V/M for WCS Blocks C and D.
    43. For WCS base and fixed stations, the Commission finds it in the 
public interest to adopt an OOBE attenuation factor of 75 + 10 log (P) 
dB, as measured over a 1-megahertz resolution bandwidth, on frequencies 
in the 2320-2345 MHz band. Both WCS and SDARS licensees urge us to 
lower the current 80 + 10 log (P) dB OOBE attenuation factor by 5 dB. 
Although Sirius XM also requests that we establish ground-level 
emission limits, we decline to adopt

[[Page 45065]]

ground-level emission limits for WCS base stations as proposed by 
Sirius XM because of the difficulties associated with characterizing 
and quantifying the case-specific propagation environment's effects on 
an RF signal's field strength that could influence the interference 
potential at each fixed site. The rules that would result from an 
attempt to deal with the anomalies associated with field strength 
levels, moreover, would be overly complex and difficult for licensees 
to comply with and would be difficult, at best, for the Commission to 
enforce. Furthermore, we believe that the revised power limits that we 
are establishing, together with a 75 + 10 log (P) dB OOBE attenuation 
factor in the 2320-2345 MHz band, will provide SDARS operations 
reasonable interference protection while affording WCS licensees 
additional flexibility to offer mobile services to the public. To 
protect DSN and AMT operations at 2290-2300 MHz and 2360-2395 MHz, 
respectively, we find it is in the public interest to adopt an OOBE 
attenuation factor of not less than 43 + 10 log (P) dB at 2305 and 2360 
MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not less than 70 + 
10 log (P) dB at 2300 and 2365 MHz, not less than 72 + 10 log (P) dB at 
2287.5 and 2367.5 MHz, and not less than 75 + 10 log (P) dB below 2285 
and above 2370 MHz.
    44. Fixed Customer Premises Equipment (CPE) Power and OOBE Limits. 
The Report and Order also resolves power and OOBE limits proposals 
relating to WCS fixed CPE devices. The WCS Coalition requests that the 
Commission apply to WCS fixed CPE operations a power limit of 20 W 
EIRP, and an OOBE attenuation of 75 + 10 log (P) dB. For WCS fixed CPE 
devices transmitting at no greater than 2 W average transmitter output 
power, the WCS Coalition proposes the same stepped OOBE limit that it 
proposes for mobile devices. Sirius XM, on the other hand, proposes 
that WCS fixed CPE devices operating above 2 W EIRP be subject to 
ground level-based emission limits, and proposes that all WCS fixed CPE 
devices' OOBE be attenuated by 75 + 10 log (P) dB regardless of the 
device's operating power.
    45. The Commission finds it appropriate to maintain the current 
mobile transmitter power limit of 20 W per 5-megahertz peak EIRP for 
WCS fixed CPE devices because it appears that the existing limit has 
not resulted in interference to SDARS operation and provides WCS 
licensees with operational flexibility. Also, for WCS CPE operating 
with an average EIRP above 2 W per 5 megahertz, the Commission adopts 
the 75 + 10 log (P) dB OOBE attenuation factor for frequencies in the 
2320-2345 MHz band, noting that both SDARS and WCS licensees propose 
that limit, and SDARS licensees have indicated that they are amenable 
to a relaxation of the OOBE limit because WCS fixed CPE device 
operations pose less risk of interference and disruption to SDARS 
licensees. For WCS CPE operating above 2 W per 5-megahertz average 
EIRP, the OOBE must be attenuated by a factor of 43 + 10 log (P) dB at 
2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not 
less than 70 + 10 log (P) dB at 2300 and 2365 MHz, not less than 72 + 
10 log (P) dB at 2287.5 and 2367.5 MHz, and not less than 75 + 10 log 
(P) dB below 2285 and above 2370 MHz.
    46. Further, in light of the Commission's finding that applying the 
stepped OOBE limits to WCS mobile and portable devices will provide 
sufficient protection to SDARS operations, as well as the lower 
likelihood of interference to SDARS receivers posed by WCS fixed CPE 
terminals operating at or below 2 W per 5-megahertz average EIRP, the 
Commission adopted the stepped OOBE limit that is applicable to WCS 
mobile devices for these CPE as well. For WCS CPE operating at or below 
2 W per 5-megahertz average EIRP, the OOBE must be attenuated by a 
factor of not less than 43 + 10 log (P) dB in the 2305-2320 MHz and the 
2345-2360 MHz bands on frequencies that are outside the licensed band 
of operation, 55 + 10 log (P) dB in the 2320-2324 MHz/2341-2345 MHz 
bands, 61 + 10 log (P) dB in the 2324-2328 MHz/2337-2341 MHz bands, and 
67 + 10 log (P) dB in the 2328-2337 MHz band, and not less than 43 + 10 
log (P) dB at 2305 and 2360 MHz, 55 + 10 log (P) dB at 2300 MHz, 61 + 
10 log (P) dB at 2296 MHz, 67 + 10 log (P) dB at 2292 MHz, and 70 + 10 
log (P) dB below 2288 and above 2365 MHz.
    47. Notification Requirement. In the 2007 Notice, the Commission 
invited comment regarding the extent to which SDARS and WCS licensees 
should be required to coordinate deployments of repeaters and base 
stations, respectively. Sirius XM supports a 90-day notice requirement. 
Although WCS licensees support measures to encourage SDARS and WCS 
licensees to share certain technical information, they oppose the 
adoption of a 90-day notice process. The Commission agrees with SDARS 
licensees that the public interest will be served by requiring SDARS 
and WCS licensees to notify each other prior to deploying or modifying 
repeaters or base stations, respectively, but believes that a 90-day 
notice requirement as proposed by SDARS licensees to be unduly 
burdensome. Accordingly, the Commission will require WCS and SDARS 
licensees to share certain technical information at least 10 business 
days before operating a new base station or repeater, and at least 5 
business days before modifying an existing facility. The Commission 
believes that adopting the streamlined notification requirements rather 
than the 90-day prior coordination requirement previously advocated by 
Sirius XM will enable SDARS and WCS licensees to minimize the potential 
for harmful interference between their services while also reducing 
administrative as well as economic burdens on all parties.
    48. Protection of DSN and AMT Operations. The Report and Order 
establishes revised OOBE and coordination rules where WCS base stations 
are within certain distances from DSN and AMT operations. The 
Commission imposes these requirements in recognition of the possible 
effects that WCS operations may have on DSN and AMT entities, which use 
sensitive receivers and high gain antennas to receive often weak 
signals. The Report and Order concludes that the adoption of reasonable 
OOBE and coordination requirements will adequately protect DSN and AMT 
operations while enabling WCS entities to construct and operate new 
broadband systems. The Commission has reviewed alternatives submitted 
by commenters, which, for example, variously call for both more and 
less stringent OOBE limits and coordination distances than those that 
are being adopted. The Commission concludes, however, that the 
requirements that it is adopting best balance the interests of the 
interested parties.
    49. WCS Performance Requirements. Further, in this Report and 
Order, the Commission adopts revised performance requirements for WCS. 
The enhanced construction rules the Commission is adopting replace the 
substantial service requirement previously placed on WCS licensees with 
specific population-based benchmarks. In recognition of difficulties 
that may arise in license areas where WCS licensees must coordinate 
their facilities with AMT receive sites, the Report and Order reduces 
the level of construction required in such markets. The Commission 
seeks to establish a buildout requirement that is reasonable and 
achievable for WCS licensees, including small entities, but which 
encourages rapid and meaningful

[[Page 45066]]

deployment of mobile broadband services. The Commission has considered 
alternative performance benchmarks, including requirements using 
shorter timeframes, and lower percentages of required construction. 
However, the Commission concludes that other alternatives would not 
strike the appropriate balance. Further, with respect to the 
performance rules, all WCS entities will be required to file 
construction notifications to inform the Commission that they have 
successfully met the performance requirements described above. The 
Commission has reviewed whether there should be other requirements, 
such as a formal procedure in which comment would be sought from the 
public regarding the construction showings filed by licensees. The 
Commission determines, however, that it is not necessary to include 
other requirements to the adopted construction notification procedure.
    50. Report to Congress: The Commission will send a copy of the 
Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act.\18\ In addition, the 
Commission will send a copy of the Report and Order, including this 
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the 
Report and Order and FRFA (or summaries thereof) will also be published 
in the Federal Register.
---------------------------------------------------------------------------

    \18\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

Final Regulatory Flexibility Certification

Second Report and Order in IB Docket No. 95-91

    51. The Regulatory Flexibility Act of 1980, as amended (RFA) \19\ 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' \20\ The RFA generally defines ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' \21\ In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act.\22\ 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).\23\
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    \19\ The RFA, see 5 U.S.C. S 601 et seq., has been amended by 
the Contract With America Advancement Act of 1996, Public Law No. 
104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
    \20\ 5 U.S.C. 605(b).
    \21\ 5 U.S.C. 601(6).
    \22\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in Small Business Act, 15 U.S.C. S 
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.''
    \23\ Small Business Act, 15 U.S.C. S 632.
---------------------------------------------------------------------------

    52. The rules adopted in this Second Report and Order affect 
providers of Satellite Digital Audio Radio Service (SDARS). With 
respect to providers of SDARS, i.e. providers of a nationally 
distributed subscription radio service, no small entities are affected 
by the rules adopted in this Second Report and Order. SDARS is a 
satellite service. The SBA has established a size standard for 
``Satellite Telecommunications,'' which is that any large satellite 
services provider must have an annual revenue of $15.0 million.\24\ 
Currently, only a single operator, Sirius XM Radio Inc. (``Sirius 
XM''), controls licenses to provide SDARS, which requires a great 
investment of capital for operation. Sirius XM has annual revenues in 
excess of $15.0 million.\25\ Because SDARS requires significant 
capital, we believe it is unlikely that a small entity as defined by 
the Small Business Administration would have the financial wherewithal 
to become an SDARS licensee.
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    \24\ See 13 CFR 121.201, NAICS code 517410.
    \25\ Sirius XM reported annual revenue of over $2.47 billion in 
2009. See Sirius XM Radio Inc., SEC Form 10-K at 25 (filed Feb. 25, 
2010).
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    53. Therefore, since only one large entity is affected by the rules 
adopted in this Second Report and Order, we certify that the 
requirements of the Second Report and Order will not have a significant 
economic impact on a substantial number of small entities. The 
Commission will send a copy of the Second Report and Order, including a 
copy of this final certification, in a report to Congress pursuant to 
the Small Business Regulatory Enforcement Fairness Act of 1996, see 5 
U.S.C. 801(a)(1)(A). In addition, the Second Report and Order and this 
certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration, and will be published in the Federal 
Register. See 5 U.S.C. 605(b).

Ordering Clauses

    54. Pursuant to sections 4(i), 7(a), 303(c), 303(f), 303(g), and 
303(r), and 307 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r), 307, that this 
Report and Order in WT Docket No. 07-293 and Second Report and Order in 
IB Docket No. 95-91 is hereby adopted.
    55. The rules adopted herein will become effective 30 days after 
the date of publication in the Federal Register, except for Sec. Sec.  
25.144(e)(3), 25.144(e)(8), 25.144(e)(9), 25.263(b), 25.263(c) 
27.14(p)(7), 27.72(b), 27.72(c), 27.73(a), and 27.73(b), which contain 
new or modified information collection requirements that require 
approval by the OMB under the PRA and will become effective after the 
Commission publishes a notice in the Federal Register announcing such 
approval and the relevant effective date.
    56. Pursuant to sections 4(i) and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), 303(r), and Sec.  1.115 of the 
Commission's rules, 47 CFR 1.115, the application for review of the 
Wireless Telecommunications Bureau's Horizon Order,\26\ jointly filed 
by Green Flag Wireless, LLC and James McCotter on February 10, 2009, is 
dismissed as moot.
---------------------------------------------------------------------------

    \26\ Applications of Horizon Wi-Com, LLC, File Nos. 0003014435, 
0003014449, 0003014463, 0003014470, 0003045272, 0003045277, 
0003045282, and 0003067727, Memorandum Opinion and Order, 24 FCC Rcd 
359 (WTB Mobility Div. 2009) (Horizon Order).
---------------------------------------------------------------------------

    57. Pursuant to sections 4(i) and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), 303(r), the applications for 
additional time to meet the 2.3 GHz Wireless Communications Service 
substantial service performance requirement listed in Appendix F are 
dismissed as moot.
    58. Pursuant to section 5(c) of the Communications Act of 1934, as 
amended, 47 U.S.C. 5(c), the Wireless Telecommunications Bureau is 
granted delegated authority to implement the policies set forth in the 
Report and Order in WT Docket No. 07-293 and the rules, as revised, set 
forth in Appendix B hereto.
    59. The International Bureau is instructed to extend all grants of 
STA to operate SDARS repeaters currently in effect for a period of 180 
days from the effective date of this Order, or until the date on which 
the Commission grants blanket licenses to operate SDARS repeaters, 
whichever comes first.
    60. The International Bureau is instructed to grant all pending 
requests for STA to operate SDARS terrestrial repeaters for a period of 
180 days from the effective date of this Order, or until the date on 
which the Commission grants blanket licenses to operate

[[Page 45067]]

SDARS repeaters, whichever comes first.
    61. The petition for reconsideration filed in 12 FCC Rcd 5754, IB 
Docket No. 95-91, GEN Docket No. 90-357, on March 27, 1997 by the 
Consumer Electronics Manufacturers Association, and the petition for 
partial reconsideration filed in 12 FCC Rcd 5754, IB Docket No. 95-91, 
GEN Docket No. 90-357, on April 9, 1997 by the Cellular Phone Taskforce 
are denied.
    62. The Commission will send a copy of this Report and Order and 
Second Report and Order, including the Final Regulatory Flexibility 
Analysis and Final Regulatory Flexibility Certification, in a report to 
be sent to Congress and the Government Accountability Office pursuant 
to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
    63. Pursuant to sections 4(i) and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), 303(r), and Sec. Sec.  1.9030(c) 
and 1.9035(c) of the Commission's rules, 47 CFR 1.9030(c), 1.9035(c), 
that all licensees and de facto transfer lessees of spectrum in the 
2305-2320 MHz and 2345-2360 MHz bands are hereby directed to provide 
Sirius XM Radio, Inc. an inventory of their deployed infrastructure 
consistent with, and within 30 days of the effective date of, Sec.  
27.72(b).

List of Subjects

47 CFR Part 2

    Communications equipment, Radio.

47 CFR Part 25

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, Satellites, 
Telecommunications.

47 CFR Part 27

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements.

Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager.

Rule Changes

0
For the reasons discussed, the Federal Communications Commission amends 
Title 47 of the Code of Federal Regulations, Parts 2, 25 and 27 to read 
as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

0
2. Section 2.106, the Table of Frequency Allocations, is amended by 
revising footnote US338 to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
United States (US) Footnotes
* * * * *
    US338 The following provisions shall apply in the band 2305-2320 
MHz:
    (a) In the sub-band 2305-2310 MHz, space-to-Earth operations are 
prohibited.
    (b) Within 145 km of Goldstone, CA (35[deg]25'33'' N., 
116[deg]53'23'' W.), Wireless Communications Service (WCS) licensees 
operating base stations in the band 2305-2320 MHz shall, prior to 
operation of those base stations, achieve a mutually satisfactory 
coordination agreement with the National Aeronautics and Space 
Administration (NASA).

    Note: NASA operates a deep space facility in Goldstone in the 
band 2290-2300 MHz.

* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309, and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, and 332, 
unless otherwise noted.


0
4. Section 25.121 is amended by revising paragraph (a) to read as 
follows:


Sec.  25.121  License term and renewals.

    (a) License Term. (1) Except for licenses for DBS space stations, 
SDARS space stations and terrestrial repeaters, and 17/24 GHz BSS space 
stations licensed as broadcast facilities, licenses for facilities 
governed by this part will be issued for a period of 15 years.
    (2) Licenses for DBS space stations and 17/24 GHz BSS space 
stations licensed as broadcast facilities, and for SDARS space stations 
and terrestrial repeaters, will be issued for a period of 8 years. 
Licenses for DBS space stations not licensed as broadcast facilities 
will be issued for a period of 10 years.
* * * * *

0
5. Section 25.144 is amended by revising paragraph (d) and adding 
paragraph (e) to read as follows:


Sec.  25.144  Licensing provisions for the 2.3 GHz satellite digital 
audio radio service.

* * * * *
    (d) The license term for each digital audio radio service satellite 
and any associated terrestrial repeaters is specified in Sec.  25.121.
    (e) SDARS Terrestrial Repeaters. (1) Only entities holding or 
controlling SDARS space station licenses may construct and operate 
SDARS terrestrial repeaters and such construction and operation is 
permitted only in conjunction with at least one SDARS space station 
that is concurrently authorized and transmitting directly to 
subscribers.
    (2) SDARS terrestrial repeaters will be eligible for blanket 
licensing only under the following circumstances:
    (i) The SDARS terrestrial repeaters will comply with all applicable 
power limits set forth in Sec.  25.214(d)(1) of this chapter and all 
applicable out-of-band emission limits set forth in Sec.  25.202(h)(1) 
and (h)(2).
    (ii) The SDARS terrestrial repeaters will meet all applicable 
requirements in part 1, subpart I, and part 17 of this chapter. 
Operators of SDARS terrestrial repeaters must maintain demonstrations 
of compliance with part 1, subpart I, of this chapter and make such 
demonstrations available to the Commission upon request within three 
business days.
    (iii) The SDARS terrestrial repeaters will comply with all 
requirements of all applicable international agreements.
    (3) After May 20, 2010, SDARS licensees shall, before deploying any 
new, or modifying any existing, terrestrial repeater, notify 
potentially affected WCS licensees pursuant to the procedure set forth 
in Sec.  25.263.
    (4) SDARS terrestrial repeaters are restricted to the simultaneous 
retransmission of the complete programming, and only that programming, 
transmitted by the SDARS licensee's satellite(s) directly to the SDARS 
licensee's subscribers' receivers, and may not be used to distribute 
any information not also transmitted to all subscribers' receivers.
    (5) Operators of SDARS terrestrial repeaters are prohibited from 
using those repeaters to retransmit different transmissions from a 
satellite to different regions within that satellite's coverage area.
    (6) Operators of SDARS terrestrial repeaters are required to comply 
with all applicable provisions of part 1, subpart I, and part 17 of 
this chapter.

[[Page 45068]]

    (7)(i) Each SDARS terrestrial repeater transmitter utilized for 
operation under this paragraph must be of a type that has been 
authorized by the Commission under its certification procedure.
    (ii) In addition to the procedures set forth in subpart J of part 2 
of this chapter, power measurements for SDARS repeater transmitters may 
be made in accordance with a Commission-approved average power 
technique. Peak-to-average power ratio (PAPR) measurements for SDARS 
repeater transmitters should be made using either an instrument with 
complementary cumulative distribution function (CCDF) capabilities to 
determine that the PAPR will not exceed 13 dB for more than 0.1 percent 
of the time or another Commission approved procedure. The measurement 
must be performed using a signal corresponding to the highest PAPR 
expected during periods of continuous transmission.
    (iii) Any manufacturer of radio transmitting equipment to be used 
in these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (8) Applications for blanket authority to operate terrestrial 
repeaters must be filed using Form 312, except that Schedule B to Form 
312 need not be filed. Such applications must also include the 
following information as an attachment:
    (i) The space station(s) with which the terrestrial repeaters will 
communicate, the frequencies and emission designators of such 
communications, and the frequencies and emission designators used by 
the repeaters to re-transmit the received signals.
    (ii) The maximum number of terrestrial repeaters that will be 
deployed under the authorization at 1) power levels equal to or less 
than 2-watt average EIRP, and 2) power levels greater than 2-watt 
average EIRP (up to 12-kW average EIRP).
    (iii) A certification of compliance with the requirements of Sec.  
25.144(e)(1) through (7).
    (9) SDARS terrestrial repeaters that are ineligible for blanket 
licensing must be authorized on a site-by-site basis. Applications for 
site-by-site authorization must be filed using Form 312, except that 
Schedule B need not be provided. Such applications must also include 
the following information, as an attachment:
    (i) The technical information for each repeater required to be 
shared with potentially affected WCS licensees as part of the 
notification requirement set forth in Sec.  25.263(c)(2).
    (ii) The space station(s) with which the terrestrial repeaters will 
communicate, the frequencies and emission designators of such 
communications, and the frequencies and emission designators used by 
the repeaters to re-transmit the received signals.

0
6. Section 25.202 is amended by revising paragraph (a)(6), paragraph 
(f) introductory text, and adding paragraph (h) to read as follows:


Sec.  25.202  Frequencies, frequency tolerance, and emission 
limitations.

    (a) * * *
    (6) The following frequencies are available for use by the 
Satellite Digital Audio Radio Service (SDARS), and for any associated 
terrestrial repeaters: 2320-2345 MHz (space-to-Earth)
* * * * *
    (f) Emission limitations. Except for SDARS terrestrial repeaters, 
the mean power of emissions shall be attenuated below the mean output 
power of the transmitter in accordance with the schedule set forth in 
paragraphs (f)(1) through (f)(4) of this section. The out-of-band 
emissions of SDARS terrestrial repeaters shall be attenuated in 
accordance with the schedule set forth in paragraph (h) of this 
section.
* * * * *
    (h) Out-of-band emission limitations for SDARS terrestrial 
repeaters. (1) Any SDARS terrestrial repeater operating at a power 
level greater than 2-watt average EIRP is required to attenuate its 
out-of-band emissions below the transmitter power P by a factor of not 
less than 90 + 10 log (P) dB in a 1-megahertz bandwidth outside the 
2320-2345 MHz band, where P is average transmitter output power in 
watts.
    (2) Any SDARS terrestrial repeater operating at a power level equal 
to or less than 2-watt average EIRP is required to attenuate its out-
of-band emissions below the transmitter power P by a factor of not less 
than 75 + 10 log (P) dB in a 1-megahertz bandwidth outside the 2320-
2345 MHz band, where P is average transmitter output power in watts.
    (3) SDARS repeaters are permitted to attenuate out-of-band 
emissions less than the levels specified in paragraphs (h)(1) and 
(h)(2), of this section unless a potentially affected WCS licensee 
provides written notice that it intends to commence commercial service 
within the following 365 days. Starting 180 days after receipt of such 
written notice, SDARS repeaters within the area notified by the 
potentially affected WCS licensee must attenuate out-of-band emissions 
to the levels specified in paragraphs (h)(1) and (h)(2) of this 
section.
    (4) For the purpose of this section, a WCS licensee is potentially 
affected if it meets any of the following criteria:
    (i) The WCS licensee is authorized to operate a base station in the 
2305-2315 MHz or 2350-2360 MHz bands in the same Major Economic Area 
(MEA) as that in which a SDARS terrestrial repeater is located.
    (ii) The WCS licensee is authorized to operate a base station in 
the 2315-2320 MHz or 2345-2350 MHz bands in the same Regional Economic 
Area Grouping (REAG) as that in which a SDARS terrestrial repeater is 
located.
    (iii) A SDARS terrestrial repeater is located within 5 kilometers 
of the boundary of an MEA or REAG in which the WCS licensee is 
authorized to operate a WCS base station.

0
7. Section 25.214 is amended by revising the section heading and adding 
paragraph (d) to read as follows:


Sec.  25.214  Technical requirements for space stations in the 
satellite digital audio radio service and associated terrestrial 
repeaters.

* * * * *
    (d) Power limit for SDARS terrestrial repeaters. (1) SDARS 
terrestrial repeaters must be operated at a power level less than or 
equal to 12-kW average EIRP, with a maximum peak-to-average power ratio 
of 13 dB.
    (2) SDARS repeaters are permitted to operate at power levels above 
12-kW average EIRP, unless a potentially affected WCS licensee provides 
written notice that it intends to commence commercial service within 
the following 365 days. Starting 180 days after receipt of such written 
notice, SDARS repeaters within the area notified by the potentially 
affected WCS licensee must be operated at a power level less than or 
equal to 12-kW average EIRP, with a maximum peak-to-average power ratio 
of 13 dB.
    (3) For the purpose of this section, a WCS licensee is potentially 
affected if it meets any of the following criteria:
    (i) The WCS licensee is authorized to operate a base station in the 
2305-2315 MHz or 2350-2360 MHz bands in the same Major Economic Area 
(MEA) as that in which a SDARS terrestrial repeater is located.
    (ii) The WCS licensee is authorized to operate a base station in 
the 2315-2320 MHz or 2345-2350 MHz bands in the same Regional Economic 
Area Grouping

[[Page 45069]]

(REAG) as that in which a SDARS terrestrial repeater is located.
    (iii) An SDARS terrestrial repeater is located within 5 kilometers 
of the boundary of an MEA or REAG in which the WCS licensee is 
authorized to operate a WCS base station.

0
8. Section 25.263 is added to read as follows:


Sec.  25.263  Information sharing requirements for SDARS terrestrial 
repeater operators.

    This section requires SDARS licensees in the 2320-2345 MHz band to 
share information regarding the location and operation of terrestrial 
repeaters with WCS licensees in the 2305-2320 MHz and 2345-2360 MHz 
bands. Section 27.72 of this chapter requires WCS licensees to share 
information regarding the location and operation of base stations in 
the 2305-2320 MHz and 2345-2360 MHz bands with SDARS licensees in the 
2320-2345 MHz band.
    (a) SDARS licensees must select terrestrial repeater sites and 
frequencies, to the extent practicable, to minimize the possibility of 
harmful interference to WCS base station operations in the 2305-2320 
MHz and 2345-2360 MHz bands.
    (b) Notice requirements. SDARS licensees that intend to operate a 
new terrestrial repeater must, before commencing such operation, 
provide 10 business days prior notice to all potentially affected WCS 
licensees. SDARS licensees that intend to modify an existing repeater 
must, before commencing such modified operation, provide 5 business 
days prior notice to all potentially affected WCS licensees.
    (1) For purposes of this section, a ``potentially affected WCS 
licensee'' is a WCS licensee that:
    (i) Is authorized to operate a base station in the 2305-2315 MHz or 
2350-2360 MHz bands in the same Major Economic Area (MEA) as that in 
which the terrestrial repeater is to be located;
    (ii) Is authorized to operate a base station in the 2315-2320 MHz 
or 2345-2350 MHz bands in the same Regional Economic Area Grouping 
(REAG) as that in which the terrestrial repeater is to be located.
    (iii) In addition to the WCS licensees identified in paragraphs 
(b)(1)(i) and (ii) of this section, in cases in which the SDARS 
licensee plans to deploy or modify a terrestrial repeater within 5 
kilometers of the boundary of an MEA or REAG in which the terrestrial 
repeater is to be located, a potentially affected WCS licensee is one 
that is authorized to operate a WCS base station in that neighboring 
MEA or REAG within 5 kilometers of the location of the terrestrial 
repeater.
    (2) For the purposes of this section, a business day is defined by 
Sec.  1.4(e)(2) of this chapter.
    (c) Contents of notice. (1) Notification must be written (e.g., 
certified letter, fax, or e-mail) and include the licensee's name, and 
the name, address, and telephone number of its coordination 
representative, unless the SDARS licensee and all potentially affected 
WCS licensees reach a mutual agreement to provide notification by some 
other means. WCS licensees and SDARS licensees may establish such a 
mutually agreeable alternative notification mechanism without prior 
Commission approval, provided that they comply with all other 
requirements of this section.
    (2) Regardless of the notification method, notification must 
specify relevant technical details, including, at a minimum:
    (i) The coordinates of the proposed repeater to an accuracy of no 
less than  1 second latitude and longitude;
    (ii) The proposed operating power(s), frequency band(s), and 
emission(s);
    (iii) The antenna center height above ground and ground elevation 
above mean sea level, both to an accuracy of no less than 1 
meter;
    (iv) The antenna gain pattern(s) in the azimuth and elevation 
planes that include the peak of the main beam; and
    (v) The antenna downtilt angle(s).
    (3) An SDARS licensee operating terrestrial repeaters must maintain 
an accurate and up-to-date inventory of its terrestrial repeaters 
operating above 2 watts average EIRP, including the information set 
forth in Sec.  25.263(c)(2), which shall be available upon request by 
the Commission.
    (d) Calculation of Notice Period. Notice periods are calculated 
from the date of receipt by the licensee being notified. If 
notification is by mail, the date of receipt is evidenced by the return 
receipt on certified mail. If notification is by fax, the date of 
receipt is evidenced by the notifying party's fax transmission 
confirmation log. If notification is by e-mail, the date of receipt is 
evidenced by a return e-mail receipt. If the SDARS licensee and all 
potentially affected WCS licensees reach a mutual agreement to provide 
notification by some other means, that agreement must specify the 
method for determining the beginning of the notice period.
    (e) Duty to cooperate. SDARS licensees must cooperate in good faith 
in the selection and use of new repeater sites to reduce interference 
and make the most effective use of the authorized facilities. Licensees 
of stations suffering or causing harmful interference must cooperate in 
good faith and resolve such problems by mutually satisfactory 
arrangements. If the licensees are unable to do so, the International 
Bureau, in consultation with the Office of Engineering and Technology 
and the Wireless Telecommunications Bureau, may impose restrictions on 
SDARS licensees, including specifying the transmitter power, antenna 
height, or area or hours of operation of the stations.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
9. The authority citation for part 27 continues to read as follows:

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


0
10. Section 27.14 is amended by revising paragraph (a) and adding 
paragraph (p) 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, Block D in the 758-763 MHz and 788-793 MHz bands, Block A in the 
2305-2310 MHz and 2350-2355 MHz bands, Block B in the 2310-2315 MHz and 
2355-2360 MHz bands, Block C in the 2315-2320 MHz band, and Block D in 
the 2345-2350 MHz band, 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.
* * * * *
    (p) This section enumerates performance requirements for licensees 
holding authorizations for Block A in the 2305-2310 MHz and 2350-2355 
MHz bands, Block B in the 2310-2315 MHz and 2355-2360 MHz bands, Block 
C in the 2315-2320 MHz band, and Block D in the 2345-2350 MHz band.
    (1) For mobile or point-to-multipoint systems, a licensee must 
provide reliable signal coverage and offer service to at least 40 
percent of the license area's population by March 4, 2014, and

[[Page 45070]]

to at least 75 percent of the license area's population by September 1, 
2016. If, when filing the construction notification required under 
Sec.  1.946(d) of this chapter, a WCS licensee demonstrates that 25 
percent or more of the license area's population for Block A, B or D is 
within a coordination zone as defined by Sec.  27.73(a) of the rules, 
the foregoing population benchmarks are reduced to 25 and 50 percent, 
respectively. The percentage of a license area's population within a 
coordination zone equals the sum of the Census Block Centroid 
Populations within the area, divided by the license area's total 
population.
    (2) For point-to-point fixed systems, except those deployed in the 
Gulf of Mexico license area, a licensee must construct and operate a 
minimum of 15 point-to-point links per million persons (one link per 
67,000 persons) in a license area by March 4, 2014, and 30 point-to-
point links per million persons (one link per 33,500 persons) in a 
licensed area by September 1, 2016. The exact link requirement is 
calculated by dividing a license area's total population by 67,000 and 
33,500 for the respective milestones, and then rounding upwards to the 
next whole number. For a link to be counted towards these benchmarks, 
both of its endpoints must be located in the license area. If only one 
endpoint of a link is located in a license area, it can be counted as a 
one- half link towards the benchmarks.
    (3) For point-to-point fixed systems deployed on any spectrum block 
in the Gulf of Mexico license area, a licensee must construct and 
operate a minimum of 15 point-to-point links by March 4, 2014, and a 
minimum of 15 point-to-point links by September 1, 2016.
    (4) Under paragraph (p)(2) and (p)(3) of this section, each fixed 
link must provide a minimum bit rate, in bits per second, equal to or 
greater than the bandwidth specified by the emission designator in 
Hertz (e.g., equipment transmitting at a 5 Mb/s rate must not require a 
bandwidth of greater than 5 MHz).
    (5) If an initial authorization for a license area is granted after 
September 1, 2010, then the applicable benchmarks in paragraphs (p)(1), 
(p)(2) and (p)(3) of this section must be met within 42 and 72 months, 
respectively, of the initial authorization grant date.
    (6) Licensees must use the most recently available U.S. Census Data 
at the time of measurement to meet these performance requirements.
    (7) Licensees must certify compliance with the applicable 
performance requirements by filing a construction notification with the 
Commission, within 15 days of the expiration of the relevant 
performance milestone, pursuant to Sec.  1.946(d) of this chapter. Each 
construction notification must include electronic coverage maps, 
supporting technical documentation, and any other information as the 
Wireless Telecommunications Bureau may prescribe by public notice. 
Electronic coverage maps must accurately depict the boundaries of each 
license area (Regional Economic Area Grouping, REAG, or Major Economic 
Area, MEA) in the licensee's service territory. Further, REAG maps must 
depict MEA boundaries and MEA maps must depict Economic Area 
boundaries. If a licensee does not provide reliable signal coverage to 
an entire license area, its map must accurately depict the boundaries 
of the area or areas within each license area not being served. Each 
licensee also must file supporting documentation certifying the type of 
service it is providing for each REAG or MEA within its service 
territory and the type of technology used to provide such service. 
Supporting documentation must include the assumptions used to create 
the coverage maps, including the propagation model and the signal 
strength necessary to provide reliable service with the licensee's 
technology.
    (8) If a licensee fails to meet any applicable performance 
requirement, its authorization will terminate automatically without 
further Commission action as of the applicable performance milestone 
and the licensee will be ineligible to regain it.

0
11. Section 27.50 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  27.50  Power limits and duty cycle.

    (a) The following power limits and related requirements apply to 
stations transmitting in the 2305-2320 MHz band or the 2345-2360 MHz 
band.
    (1) Base and fixed stations. (i) For base and fixed stations 
transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band:
    (A) The average equivalent isotropically radiated power (EIRP) must 
not exceed 2,000 watts within any 5 megahertz of authorized bandwidth 
and must not exceed 400 watts within any 1 megahertz of authorized 
bandwidth.
    (B) The peak-to-average power ratio (PAPR) of the transmitter 
output power must not exceed 13 dB. The PAPR measurements should be 
made using either an instrument with complementary cumulative 
distribution function (CCDF) capabilities to determine that PAPR will 
not exceed 13 dB for more than 0.1 percent of the time or other 
Commission approved procedure. The measurement must be performed using 
a signal corresponding to the highest PAPR expected during periods of 
continuous transmission.
    (ii) For base and fixed stations transmitting in the 2315-2320 MHz 
band or the 2345-2350 MHz band, the peak EIRP must not exceed 2,000 
watts.
    (iii) Base stations supporting frequency division duplex (FDD) 
mobile and portable operations are restricted to transmitting in the 
2345-2360 MHz bands.
    (2) Fixed customer premises equipment stations. For fixed customer 
premises equipment (CPE) stations transmitting in the 2305-2320 MHz 
band or in the 2345-2360 MHz band, the peak EIRP must not exceed 20 
watts within any 5 megahertz of authorized bandwidth. Fixed CPE 
stations transmitting in the 2305-2320 MHz band or in the 2345-2360 MHz 
band must employ automatic transmit power control when operating so the 
stations operate with the minimum power necessary for successful 
communications. The use of outdoor antennas for CPE stations or outdoor 
CPE station installations operating with 2 watts per 5 megahertz or 
less average EIRP is prohibited. For WCS CPE using TDD technology, the 
duty cycle must not exceed 38 percent; for WCS CPE using FDD 
technology, the duty cycle must not exceed 12.5 percent in the 2315-
2320 MHz band, and must not exceed 25 percent in the 2305-2315 MHz 
band.
    (3) Mobile and portable stations. (i) For mobile and portable 
stations transmitting in the 2305-2317.5 MHz band or the 2347.5-2360 
MHz band, the average EIRP must not exceed 250 milliwatts within any 5 
megahertz of authorized bandwidth and must not exceed 50 milliwatts 
within any 1 megahertz of authorized bandwidth. For mobile and portable 
stations using time division duplex (TDD) technology, the duty cycle 
must not exceed 38 percent in the 2305-2317.5 MHz and 2347.5-2360 MHz 
bands. For mobile and portable stations using frequency division duplex 
(FDD) technology, the duty cycle must not exceed 12.5 percent in the 
2315-2317.5 MHz band and must not exceed 25 percent in the 2305-2315 
MHz band. Mobile and portable stations using FDD technology are 
restricted to transmitting in the 2305-2317.5 MHz band. Power averaging 
shall not include intervals in which the transmitter is off.
    (ii) Mobile and portable stations are not permitted to operate in 
the 2317.5-2320 MHz and 2345-2347.5 MHz bands.

[[Page 45071]]

    (iii) Automatic transmit power control. Mobile and portable 
stations transmitting in the 2305-2317.5 MHz band or in the 2347.5-2360 
MHz band must employ automatic transmit power control when operating so 
the stations operate with the minimum power necessary for successful 
communications.
    (iv) Prohibition on external vehicle-mounted antennas. The use of 
external vehicle-mounted antennas for mobile and portable stations 
transmitting in the 2305-2317.5 MHz band or the 2347.5-2360 MHz band is 
prohibited.
* * * * *
    12. Section 27.53 is amended by revising paragraphs (a) 
introductory text and (a)(1) through (5), removing and reserving 
paragraphs (a)(6) and (a)(9), and revising paragraph (a)(10) to read as 
follows:


Sec.  27.53  Emission limits.

    (a) For operations in the 2305-2320 MHz band and the 2345-2360 MHz 
band, the power of any emission outside a licensee's frequency band(s) 
of operation shall be attenuated below the transmitter power P (with 
averaging performed only during periods of transmission) within the 
licensed band(s) of operation, in watts, by the following amounts:
    (1) For base and fixed stations' operations in the 2305-2320 MHz 
band and the 2345-2360 MHz band:
    (i) By a factor of not less than 43 + 10 log (P) dB on all 
frequencies between 2305 and 2320 MHz and on all frequencies between 
2345 and 2360 MHz that are outside the licensed band of operation, and 
not less than 75 + 10 log (P) dB on all frequencies between 2320 and 
2345 MHz;
    (ii) By a factor of not less than: 43 + 10 log (P) dB at 2305 MHz, 
70 + 10 log (P) dB at 2300 MHz, 72 + 10 log (P) dB at 2287.5 MHz, and 
75 + 10 log (P) dB below 2285 MHz;
    (iii) By a factor of not less than: 43 + 10 log (P) dB at 2360 MHz, 
55 + 10 log (P) dB at 2362.5 MHz, 70 + 10 log (P) dB at 2365 MHz, 72 + 
10 log (P) dB at 2367.5 MHz, and 75 + 10 log (P) dB above 2370 MHz.
    (2) For fixed customer premises equipment (CPE) stations operating 
in the 2305-2320 MHz band and the 2345-2360 MHz band transmitting with 
more than 2 watts per 5 megahertz average EIRP:
    (i) By a factor of not less than: 43 + 10 log (P) dB on all 
frequencies between 2305 and 2320 MHz and on all frequencies between 
2345 and 2360 MHz that are outside the licensed band of operation, and 
not less than 75 + 10 log (P) dB) on all frequencies between 2320 and 
2345 MHz.
    (ii) By a factor of not less than: 43 + 10 log (P) dB) at 2305 MHz, 
70 + 10 log (P) dB at 2300 MHz, 72 + 10 log (P) dB at 2287.5 MHz, and 
75 + 10 log (P) dB below 2285 MHz;
    (iii) By a factor of not less than: 43 + 10 log (P) dB at 2360 MHz, 
55 + 10 log (P) dB at 2362.5 MHz, 70 + 10 log (P) dB at 2365 MHz, 72 + 
10 log (P) dB at 2367.5 MHz, and 75 + 10 log (P) dB) above 2370 MHz.
    (3) For fixed CPE stations transmitting with 2 watts per 5 
megahertz average EIRP or less:
    (i) By a factor of not less than 43 + 10 log (P) dB) on all 
frequencies between 2305 and 2320 MHz and on all frequencies between 
2345 and 2360 MHz that are outside the licensed band of operation, not 
less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 
MHz and on all frequencies between 2341 and 2345 MHz, not less than 61 
+ 10 log (P) dB on all frequencies between 2324 and 2328 MHz and on all 
frequencies between 2337 and 2341 MHz, not less than 67 + 10 log (P) dB 
on all frequencies between 2328 and 2337 MHz;
    (ii) By a factor of not less than 43 + 10 log (P) dB at 2305 MHz, 
55 + 10 log (P) dB at 2300 MHz, 61 + 10 log (P) dB at 2296 MHz, 67 + 10 
log (P) dB at 2292 MHz, 70 + 10 log (P) dB below 2288 MHz.
    (iii) By a factor of not less than: 43 + 10 log (P) dB at 2360 MHz 
and 70 + 10 log (P) dB above 2365 MHz.
    (4) For mobile and portable stations operating in the 2305-2317.5 
MHz and 2347.5-2360 MHz bands:
    (i) By a factor of not less than: 43 + 10 log (P) dB on all 
frequencies between 2305 and 2317.5 MHz and on all frequencies between 
2347.5 and 2360 MHz that are outside the licensed band of operation, 
not less than 55 + 10 log (P) dB on all frequencies between 2320 and 
2324 MHz and on all frequencies between 2341 and 2345 MHz, not less 
than 61 + 10 log (P) dB on all frequencies between 2324 and 2328 MHz 
and on all frequencies between 2337 and 2341 MHz, not less than 67 + 10 
log (P) dB on all frequencies between 2328 and 2337 MHz.
    (ii) By a factor of not less than 43 + 10 log (P) dB at 2305 MHz, 
55 + 10 log (P) dB at 2300 MHz, 61 + 10 log (P) dB at 2296 MHz, 67 + 10 
log (P) dB at 2292 MHz, and 70 + 10 log (P) dB below 2288 MHz.
    (iii) By a factor of not less than: 43 + 10 log (P) dB at 2360 MHz 
and 70 + 10 log (P) dB above 2365 MHz.
    (5) Measurement procedure. Compliance with these rules is based on 
the use of measurement instrumentation employing a resolution bandwidth 
of 1 MHz or greater. However, in the 1-MHz bands immediately outside 
and adjacent to the channel blocks at 2305, 2310, 2315, 2320, 2345, 
2350, 2355, and 2360 MHz, a resolution bandwidth of at least 1 percent 
of the emission bandwidth of the fundamental emission of the 
transmitter may be employed. A narrower resolution bandwidth is 
permitted in all cases to improve measurement accuracy provided the 
measured power is integrated over the full required measurement 
bandwidth (i.e. 1 MHz or 1 percent of emission bandwidth, as 
specified). 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. With respect 
to television operations, measurements must be made of the separate 
visual and aural operating powers at sufficiently frequent intervals to 
ensure compliance with the rules.
* * * * *
    (10) The out-of-band emissions limits in paragraphs (a)(1) through 
(a)(3) of this section may be modified by the private contractual 
agreement of all affected licensees, who must maintain a copy of the 
agreement in their station files and disclose it to prospective 
assignees, transferees, or spectrum lessees and, upon request, to the 
Commission.
* * * * *

0
13. Section 27.72 is added to read as follows:


Sec.  27.72  Information sharing requirements.

    This section requires WCS licensees in the 2305-2320 MHz and 2345-
2360 MHz bands to share information regarding the location and 
operation of base stations with Satellite Digital Audio Radio Service 
(SDARS) licensees in the 2320-2345 MHz band. Section 25.263 of this 
chapter requires SDARS licensees in the 2320-2345 MHz band to share 
information regarding the location and operation of terrestrial 
repeaters with WCS licensees in the 2305-2320 MHz and 2345-2360 MHz 
bands.
    (a) Sites and frequency selections. WCS licensees must select base 
station sites and frequencies, to the extent practicable, to minimize 
the possibility of harmful interference to operations in the SDARS 
2320-2345 MHz band.
    (b) Prior notice periods. WCS licensees that intend to operate a 
base station must, before commencing such operation, provide 10 
business days prior notice to all SDARS licensees.

[[Page 45072]]

WCS licensees that intend to modify an existing base station must, 
before commencing such modified operation, provide 5 business days 
prior notice to all SDARS licensees. For the purposes of this section, 
a business day is defined by Sec.  1.4(e)(2) of this chapter.
    (c) Contents of notice. (1) Notification must be written (e.g., 
certified letter, fax, or e-mail) and include the licensee's name, and 
the name, address, and telephone number of its coordination 
representative, unless the SDARS licensee and all potentially affected 
WCS licensees reach a mutual agreement to provide notification by some 
other means. WCS licensees and SDARS licensees may establish such a 
mutually agreeable alternative notification mechanism without prior 
Commission approval, provided that they comply with all other 
requirements of this section.
    (2) Regardless of the notification method, it must specify relevant 
technical details, including, at a minimum:
    (i) The coordinates of the proposed base station to an accuracy of 
no less than  1 second latitude and longitude;
    (ii) The proposed operating power(s), frequency band(s), and 
emission(s);
    (iii) The antenna center height above ground and ground elevation 
above mean sea level, both to an accuracy of no less than  
1 meter;
    (iv) The antenna gain pattern(s) in the azimuth and elevation 
planes that include the peak of the main beam; and
    (v) The antenna downtilt angle(s).
    (3) A WCS licensee operating base stations must maintain an 
accurate and up-to-date inventory of its base stations, including the 
information set forth in Sec.  27.72(c)(2), which shall be available 
upon request by the Commission.
    (d) Calculation of notice period. Notice periods are calculated 
from the date of receipt by the licensee being notified. If 
notification is by mail, the date of receipt is evidenced by the return 
receipt on certified mail. If notification is by fax, the date of 
receipt is evidenced by the notifying party's fax transmission 
confirmation log. If notification is by e-mail, the date of receipt is 
evidenced by a return e-mail receipt. If the SDARS licensee and all 
potentially affected WCS licensees reach a mutual agreement to provide 
notification by some other means, that agreement must specify the 
method for determining the beginning of the notice period.
    (e) Duty to cooperate. WCS licensees must cooperate in good faith 
in the selection and use of new station sites and new frequencies to 
reduce interference and make the most effective use of the authorized 
facilities. WCS licensees should provide SDARS licensees as much lead 
time as practicable to provide ample time to conduct analyses and 
opportunity for prudent base station site selection prior to WCS 
licensees entering into real estate and tower leasing or purchasing 
agreements. WCS licensees must have sufficient operational flexibility 
in their network design to implement one or more technical solutions to 
remedy harmful interference. Licensees of stations suffering or causing 
harmful interference must cooperate in good faith and resolve such 
problems by mutually satisfactory arrangements. If the licensees are 
unable to do so, the Wireless Telecommunications Bureau, in 
consultation with the Office of Engineering and Technology and the 
International Bureau, will consider the actions taken by the parties to 
mitigate the risk of and remedy any alleged interference. In 
determining the appropriate action, the Bureau will take into account 
the nature and extent of the interference and act promptly to remedy 
the interference. The Bureau may impose restrictions on WCS licensees, 
including specifying the transmitter power, antenna height, or other 
technical or operational measures to remedy the interference, and will 
take into account previous measures by the licensees to mitigate the 
risk of interference.
14. Section 27.73 is added to read as follows:


Sec.  27.73  WCS, AMT, and Goldstone coordination requirements.

    This section requires Wireless Communications Services (WCS) 
licensees in the 2345-2360 MHz band to coordinate the deployment of 
base stations with Aeronautical Mobile Telemetry (AMT) facilities in 
the 2360-2395 MHz band; and to take all practicable steps necessary to 
minimize the risk of harmful interference to AMT facilities.
    (a) Wireless Communications Service (WCS) licensees operating base 
stations in the 2345-2360 MHz band shall, prior to operation of such 
base stations, achieve a mutually satisfactory coordination agreement 
with the Aerospace and Flight Test Radio Coordinating Council (AFTRCC) 
for any AMT receiver facility within 45 kilometers or the radio line of 
sight, whichever distance is larger, of the intended WCS base station 
location. This coordination is necessary to protect AMT receive systems 
consistent with Recommendation ITU-R M.1459. The locations of the 
current and planned Federal and non-Federal AMT receiver sites may be 
obtained from AFTRCC.
    (b) WCS licensees operating base stations in the 2305-2320 MHz band 
shall, prior to operation of such base stations, achieve a mutually 
satisfactory coordination agreement with the National Aeronautics and 
Space Administration (NASA) within 145 kilometers of the Goldstone, CA 
earth station site (35[deg]25[min]33[sec] N, 116[deg]53[min]23[sec] W).
    (c) After base station operations commence, upon receipt of a 
complaint of harmful interference, the WCS licensee(s) receiving the 
complaint, no matter the distance from the NASA Goldstone, CA earth 
station or from an AMT site, operating in the 2305-2320 or 2345-2360 
MHz bands, respectively, shall take all practicable steps to 
immediately eliminate the interference.
    (d) Duty to cooperate. WCS licensees, AFTRCC, and NASA must 
cooperate in good faith in the coordination and deployment of new 
facilities. WCS licensees must also cooperate in good faith in the 
selection and use of new station sites and new frequencies when within 
radio line of site of AMT receiver facilities to reduce the risk of 
harmful interference and make the most effective use of the authorized 
facilities. Licensees of stations suffering or causing harmful 
interference must cooperate in good faith and resolve such problems by 
mutually satisfactory arrangements. If the licensees are unable to do 
so, the Wireless Telecommunications Bureau, in consultation with the 
Office of Engineering and Technology and the National 
Telecommunications and Information Administration may impose 
restrictions including specifying the transmitter power, antenna 
height, or area or hours of operation of the stations.

[FR Doc. 2010-18803 Filed 7-30-10; 8:45 am]
BILLING CODE 6712-01-P