FederalRegisterSearch.com - 02-15373-filed.txt

Home \| FREE Email Alerts (NEW!) \| 1998 \| 1999 \| 2000 \| 2001 \| 2002 \| 2003 \| 2004 \| 2005 \| 2006 \| 2007 \| 2008

/ / /

[Federal Register: June 20, 2002 (Volume 67, Number 119)]
[Rules and Regulations]
[Page 41847-41862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn02-21]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 27, 87, 90 and 95

[WT Docket No. 02-08; FCC 02-152]

License Services in the 216-220 MHz, 1390-1395 MHz, 1427-1429
MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz
Government Transfer Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission adopts service rules for 27
megahertz of electromagnetic spectrum in the 216-220 MHz, 1390-1395
MHz, 1427-1429.5 MHz, 1429.5-1432 MHz, 1432-1435 MHz, 1670-1675 MHz,
and 2385-2390 MHz bands, recently reallocated for non-Government use.
The licensing plan adopted in this proceeding implements, in part, the
Commission's November 1999 Spectrum Policy Statement. The service rules
adopted herein establish a flexible

[[Page 41848]]

regulatory and licensing framework. The Commission believes that this
decision will provide opportunities for new services to utilize this
spectrum, thus addressing spectrum scarcity concerns, as well as to
promote the delivery of technologically innovative services to the
public.

DATES: Effective August 19, 2002, except for Secs. 27.602 and 90.176
which contains information collection requirements that have not been
approved by OMB. The Commission will publish a document in the Federal
Register announcing the effective date. Written comments by the public
on the proposed and/or modified information collections are due on or
before August 19, 2002.

ADDRESSES: In addition to filing comments with the Secretary, a copy of
any comments on the information collections contained herein should be
submitted to Judy B. Herman, Federal Communications Commission, Room 1-
C804, 445 Twelfth Street, SW., Washington, DC 20554, or via the
Internet to jherman@fcc.gov, and to Edward Springer, OMB Desk Officer,
10236 NEOB, 725--17th Street, NW., Washington, DC 20503 or to
Edward.Springer@omb.eop.gov via the Internet.

FOR FURTHER INFORMATION CONTACT: Zenji Nakazawa or Keith Fickner
regarding legal matters, and/or Brian Marenco or Tim Maguire regarding
engineering matters via phone at (202) 418-0680, via TTY (202) 418-
7233, or via e-mail at znakazaw@fcc.gov, kfickner@fcc.gov,
bmarenco@fcc.gov or tmaguire@fcc.gov, respectively, Wireless
Telecommunications Bureau, Federal Communications Commission,
Washington, DC. 20554.

Paperwork Reduction Analysis

1. This Report and Order contains either a new or modified
information collection. As part of the Commission's continuing effort
to reduce paperwork burdens, we invite the general public and the
Office of Management and Budget (OMB) to take this opportunity to
comment on revision to the information collections contained in the
Report and Order as required by the Paperwork Reduction Act of 1995.
Public and agency comments are due August 19, 2002. Comments should
address:
Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility.
The accuracy of the Commission's burden estimates.
Ways to enhance the quality, utility, and clarity of the
information collected.
Ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
Written comments by the public on the proposed and/or modified
information collections are due 60 days after the date of publication
in the Federal Register. Written comments must be submitted by the OMB
on the proposed and/or modified information collections on or before
120 days after the date of publication in the Federal Register. In
addition to filing comments with the Secretary, a copy of any comments
on the information collections contained herein should be submitted to
Judith B. Herman, Federal Communications Commission, Room 1-445 12th
Street, SW, Washington, DC 20554, or via the Internet to
jherman@fcc.gov, and to Ed Springer, OMB Desk Officer, Room 10236 New
Executive Office Building, 725 Seventeenth Street, NW., Washington, DC
20503, or to Edward.Springer@omb.eop.gov via the Internet.

OMB Control No.: 3060-0783.
Title: 90.176 Coordinator notification requirements on frequencies
below 512 MHz, at 764-776/794-806 MHz, or at 1427-1432 MHz.
Form No: N/A.
Type of Review: Revision of a currently approved collection.
Frequency of Response: On occasion.
Total Annual Burden: 2925.
Total Annual Cost: 0.
Needs and Uses: This Rule is necessary to require each Private Land
Mobile frequency coordinator to provide, within one business day, a
listing of their frequency recommendations to all other frequency
coordinators in their respective pools, and, if necessary, an
engineering analysis.

OMB Control No.: 3060-xxxx.
Title: 27.602 Guard Band Manager agreements.
Form No: N/A.
Type of Review: New.
Frequency of Response: On occasion.
Total Annual Burden: 216.
Total Annual Cost: 0.
Needs and Uses: This rule is necessary for Guard Band Managers to
maintain their written agreements with spectrum users at their
principal place of business, and retain such records for at least two
years after the date such agreements expire. Such records need to be
kept current and be made available upon request for inspection by the
Commission or its representatives.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Report and Order, FCC 02-152, adopted on
May 16, 2002 and released on May 24, 2002. The full text of this
document including the chart summary of the band is available for
inspection and copying during normal business hours in the FCC
Reference Center, Room CY-A257, 445 12th Street, SW., Washington, DC
20554. The complete text may be purchased from the Commission's copy
contractor, Qualex International, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554. The full text may also be downloaded at:
www.fcc.gov via the Internet. Alternative formats are available to
persons with disabilities by contacting Brian Millin at (202) 418-7426
or TTY (202) 418-7365.
2. In this Report and Order, we make the following major
determinations regarding the subject bands:
Assign the 1390-1392 MHz band by Major Economic Areas
(MEAs), the paired 1392-1395 MHz and 1432-1435 MHz bands by Economic
Area Groups (EAGs), the 1670-1675 MHz and the 2385-2390 MHz bands on a
single, nationwide basis, and the 1429.5-1432 MHz band on a site-by-
site basis with frequency coordination.
Permit open eligibility for initial licenses assigned by
geographic area licensing in the paired 1392-1395 MHz and 1432-1435 MHz
bands and in the unpaired 1390-1392 MHz, 1670-1675 MHz, and the 2385-
2390 MHz bands. Adopt technical standards that are both consistent with
our part 27 rules and provide licensees flexibility.
License telemetry on a primary basis in the 1429.5-1432
MHz band and on a secondary basis in the 217-220 MHz and 1427-1429.5
MHz bands using a frequency coordinated site-by-site approach
consistent with the technical specifications provided for telemetry
operations under our part 90 rules, as modified herein.
Adopt our proposed framework for a ten-year license term
from the date of grant in the paired 1392-1395 MHz and 1432-1435 MHz
bands and in the unpaired 1390-1392 MHz, 1670-1675 MHz, and the 2385-
2390 MHz bands. Require licensees to demonstrate that they are
providing substantial service when they file their renewal application.
Allow licensees in the paired 1392-1395 MHz and 1432-1435
MHz bands and in the unpaired 1390-1392 MHz, 1670-1675 MHz, and the
2385-2390 MHz bands to partition and/or disaggregate their licenses.

[[Page 41849]]

Apply the general competitive bidding rules set forth in
part 1, subpart Q, of the Commission's Rules to the paired 1392-1395
and 1432-1435 MHz bands and in the unpaired 1390-1392 MHz, 1670-1675
MHz, and the 2385-2390 MHz bands. Adopt small business size standards
for these bands, but decline to adopt a public safety bidding credit.
Require non-Government users to file an application on the
Universal Licensing System (ULS) requesting Frequency Assignment
Subcommittee (FAS) coordination of fixed sites and mobile operations
within the protection radii of co-primary Government incumbents. We
specify that geographic area licensees are responsible for determining
whether a particular operation requires FAS approval. We also clarify
that a licensee may request coordination of multiple fixed and mobile
stations via a single application. Finally, we indicate that users of
the Low Power Radio Services (LPRS) are not required to coordinate with
FAS.
Hold that radioastronomy, radiosondes, and the Earth
Exploration Satellite Service operations will be protected by out-of-
band emission limits.
Establish coordination procedures for licensees in the
2385-2390 MHz band operating near non-Government aeronautical flight-
test telemetry sites and interim coordination procedures for
terrestrial licenses along the Canadian and Mexican borders.
Implement the band ``flip'' portion of the AHA-Itron Joint
Agreement and switch the primary allocation between Wireless Medical
Telemetry Service (WMTS) in the 1427-1429.5 MHz band and Telemetry in
the 1429.5-1432 MHz band, in seven defined geographic areas.
Limit the field strength telemetry in the 1427-1432 MHz
band may radiate--into the WMTS portion of the band--to a measured or
predicted field strength of 150 uV/m at the site of any WMTS operation.
Limit the field strength that facilities in the 1392-1395
MHz band may radiate--into the WMTS band at 1395-1400 MHz--to a
measured or predicted field strength of 150 uV/m at the site of any
WMTS operation.

I. Final Regulatory Flexibility Analysis

3. As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice
of Proposed Rule Making 67 FR 7113, February 15, 2002, (Service Rules
Notice). The Commission sought written public comment on the proposals
in the Service Rules Notice, including comment on the IRFA. The
comments received are discussed further. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Report and Order

4. In this Report and Order, we adopt rules for the licensing and
operation of fixed and mobile services in the 216-220 MHz, 1390-1395
MHz, 1427-1429.5 MHz, 1429.5-1432 MHz, 1432-1435 MHz, 1670-1675 MHz and
2385-2390 MHz bands, pursuant to the provisions of the Communications
Act of 1934, as amended, the Omnibus Budget Reconciliation Act of 1993
(OBRA-93), and the Balanced Budget Act of 1997 (BBA-97). These seven
frequency bands have a variety of continuing Government protection
requirements and incumbent Government and non-Government uses. Despite
these constraints and the relatively narrow bandwidth contained in each
of the bands, we believe that the rules adopted herein will foster a
variety of potential applications in both new and existing services.
The transfer of these bands to non-Government use should enable the
development of new technologies and services, provide additional
spectrum relief for congested private land mobile frequencies, and
fulfill our obligations as mandated by Congress to assign this spectrum
for non-Government use.
5. The Report and Order also establishes competitive bidding rules
and small business definitions for the unpaired 1390-1392 MHz, 1670-
1675 MHz, and 2385-2390 MHz bands, and the paired 1392-1395 MHz and
1432-1435 MHz bands similar to those applied to the WCS 2.3 GHz band
and the 700 MHz Guard Bands. Consistent with the Commission's
responsibility under Section 309(j) to promote opportunities for, and
disseminate licenses to, a wide variety of applicants, the Report and
Order adopts small business size standards and bidding preferences for
qualifying bidders that will provide such bidders with opportunities to
compete successfully against large, well-financed entities.
Specifically, with respect to the aforementioned bands, we will define
a ``small business'' as any entity with average annual gross revenues
for the three preceding years not exceeding $40 million, and a ``very
small business'' as any entity with average annual gross revenues for
the three preceding years not exceeding $15 million. Correspondingly,
we will adopt a bidding credit of 15 percent for ``small businesses''
and a bidding credit of 25 percent for ``very small businesses.'' This
bidding credit structure is consistent with our standard schedule of
bidding credits, which may be found at Sec. 1.2110(f)(2) of the
Commission's rules. All of the commenters addressing this issue support
our proposal to adopt the two small business size standards that the
Commission adopted for the WCS 2.3 GHz band and the 700 MHz Guard
Bands. As we noted in the Service Rules Notice, the capital
requirements and characteristics of the services proposed in the
aforementioned bands are comparable to those found in the WCS 2.3 GHz
band and 700 MHz Guard Bands. Consequently, as with the WCS 2.3 GHz
band and 700 MHz Guard Bands, we believe that these two size standards
will provide a variety of businesses with the opportunity to
participate in the auction of licenses for this spectrum and will
afford such licensees, who may have varying capital costs, substantial
flexibility for the provision of services. The Commission has long
recognized that bidding preferences for qualifying bidders provides
such bidders with an opportunity to compete successfully against large,
well-financed entities. The Commission also has found that the use of
tiered or graduated small business definitions is useful in furthering
our mandate under Section 309(j) to promote opportunities for and
disseminate licenses to a wide variety of applicants.

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

6. Although no comments were submitted specifically in response to
the IRFA, some commenters expressed concern with our proposals to
license new services on a wide geographic area basis. For example, the
National Telecommunications Cooperative Association (NTCA) and the
Rural Telecommunications Group (RTG) support smaller geographic area
licensing, rather than the use of nationwide or very large economic
areas, in order to promote smaller carriers and rural
telecommunications development. We have considered the effect of these
rule changes on small entities and considered other alternatives. We
expect, however, that our actions will benefit all entities subject to
these rule changes, including small entities.
7. The policies and rules adopted in this Report and Order affect
all small entities that seek to acquire licenses in the unpaired 1390-
1392 MHz, 1670-1675 MHz, and 2385-2390 MHz bands, and the paired 1392-
1395 MHz and 1432-1435 MHz bands. As noted above, the Commission has
adopted small

[[Page 41850]]

business size standards that define a ``small business'' as any entity
with average annual gross revenues for the three preceding years not
exceeding $40 million and a ``very small business'' as any entity with
average annual gross revenues for the three preceding years not
exceeding $15 million. The Small Business Administration (SBA) has
approved these small business size standards for the aforementioned
bands. However, the Commission cannot know until the auction begins how
many entities will seek small or very small business status. The
Commission will allow partitioning and disaggregation, yet it cannot
determine in advance how many licensees will partition their license
areas or disaggregate their spectrum blocks. In view of our lack of
knowledge of these factors, it is therefore assumed that, for purposes
of our evaluations and conclusions in the FRFA, all of the prospective
licenses are small entities, as that term is defined by the SBA or the
Commission's small business definitions for these bands.

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

8. The RFA directs agencies to provide a description of, and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small business concern''
under Section 3 of the Small Business Act. A small business concern is
one which: (1) Is independently owned and operated; (2) is not dominant
in its field of operation; and (3) satisfies any additional criteria
established by the SBA. Nationwide, as of 1992, there were
approximately 275,801 small organizations. ``Small governmental
jurisdiction'' generally means ``governments of cities, counties,
towns, townships, villages, school districts, or special districts,
with a population of less than 50,000.'' As of 1992, there were
approximately 85,006 such jurisdictions in the United States. This
number includes 38,978 counties, cities, and towns; of these, 37,566,
or ninety-six percent, have populations of fewer than 50,000. The
Census Bureau estimates that this ratio is approximately accurate for
all governmental entities. Thus, of the 85,006 governmental entities,
we estimate that 81,600 (ninety-one percent) are small entities.
9. Wireless Service Providers. The SBA has developed a definition
for small business within the two separate categories of (1) Cellular
and (2) Other Wireless Telecommunications or Paging. Under that SBA
definition, such a business is small if it has 1,500 or fewer
employees. According to the Commission's Telephone Trends Report data,
1,495 companies reported that they were engaged in the provision of
wireless service. Of these 1,495 companies, 989 reported that they have
1,500 or fewer employees and 506 reported that, alone or in combination
with affiliates, they have more than 1,500 employees. We do not have
data specifying the number of these carriers that are not independently
owned and operated, and thus are unable at this time to estimate with
greater precision the number of wireless service providers that would
qualify as small business concerns under the SBA's definition.
Consequently, we estimate that there are 989 or fewer small wireless
service providers that may be affected by the rules. Below, we further
describe and estimate the number of small entity licensees and
regulatees that may be affected by the rules adopted herein. Except as
noted, these services are associated with the above SBA small business
size standard.
10. With respect to the 1390-1392 MHz band, the Commission will
award a single 2 MHz license in each of fifty-two Major Economic Areas
(MEAs). For the 1670-1675 MHz, and 2385-2390 MHz bands, the Commission
will award a single nationwide license in each band. For the paired
1392-1395 MHz and 1432-1435 MHz bands, the Commission will award a pair
of 1.5 MHz licenses in each of six Economic Area Groupings (EAGs). For
the 1432-1435 MHz band, the Commission will award licenses on a site
by-site basis. The Commission does not yet know how many applicants or
licensees in any of these bands will be small entities.
11. Existing services in other bands include entities that might be
affected by the rules, either as existing licensees or potential
applicants or licensees. Incumbent services in the 1427-1429.5 MHz and
1429.5-1432 MHz bands include wireless medical telemetry (WMTS) and
general telemetry.
12. Telemetry. Incumbent non-medical telemetry operators in the
1427-1429.5 MHz and 1429.5-1432 MHz bands include Itron, Inc., Pueblo
Service Company of Colorado, E Prime, Inc., and large manufacturers
such as Deere and Company, Caterpillar, and General Dynamics. None of
these licensees are likely to be small businesses. Itron, Inc. is the
primary user of the 1427-1429.5 MHz and 1429.5-1432 MHz bands. Itron,
Inc., with an investment of $100 million in equipment development, is
not likely to be a small business. One licensee, Zytex, a manufacturer
of high-speed telemetry systems, may be a small business. The
Commission does not yet know how many applicants or licensees in these
bands will be small entities.
13. WMTS. Users of medical telemetry are hospitals and medical care
facilities, some of which are likely to be small businesses. The broad
category of ``Hospitals'' consists of the following categories and the
following small business providers with Annual Receipts of $29 million
or less: ``General Medical and Surgical Hospitals,'' ``Psychiatric and
Substance Abuse Hospitals,'' and ``Specialty Hospitals.'' For all these
health care providers, census data indicate that there is a combined
total of 330 firms that operated in 1997, of which 237 or fewer had
revenues of less than $25 million. An additional 45 firms had annual
receipts of $25 million to $49.99 million. We therefore estimate that
most Hospitals are small, given SBA's size categories.
14. The broad category of ``Nursing and Residential Care
Facilities'' consists of the following categories and the following
small business size standards. The category of ``Nursing and
Residential Care Facilities with Annual Receipts of $6 million or less'
consists of: Residential Mental Health and Substance Abuse Facilities,
Homes for the Elderly, and Other Residential Care Facilities. The
category of ``Nursing and Residential Care Facilities with Annual
Receipts of $8.5 million or less' consists of Residential Mental
Retardation Facilities. The category of ``Nursing and Residential Care
Facilities with Annual Receipts of less than $11.5 million'' consists
of: Nursing Care Facilities and Continuing Care Retirement Communities.
For all of these health care providers, census data indicate that there
is a combined total of 18,011 firms that operated in 1997. Of these,
16,165 or fewer firms had annual receipts of below $5 million. In
addition, 1,205 firms had annual receipts of $5 million to $9.99
million, and 450 firms had receipts of $10 million to $24.99 million.
We therefore estimate that a great majority of Nursing and Residential
Care Facilities are small, given SBA's size categories.

Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements

15. Applicants for licenses to provide terrestrial fixed and mobile
services in the paired 1392-1395 MHz and 1432-1435 MHz bands, and the
unpaired 1390-1392 MHz, 1670-1675 MHz, and

[[Page 41851]]

2385-2390 MHz bands will be required to submit short-form auction
applications using FCC Form 175. In addition, winning bidders must
submit long-form license applications through the Universal Licensing
System using FCC Form 601, FCC Ownership Disclosure Information for the
Wireless Telecommunications Services using FCC Form 602, and other
appropriate forms. Licensees will also be required to apply for an
individual station license by filing FCC Form 601 for those individual
stations that (1) require submission of an Environmental Assessment
under Sec. 1.1307 of our Rules; (2) require international coordination;
(3) would operate in the quiet zones listed in Sec. 1.924 of our Rules;
or (4) require coordination with the Frequency Assignment Subcommittee
(FAS) of the Interdepartment Radio Advisory Committee (IRAC).

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

16. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
17. Regarding our decision to apply generally our part 27 rules to
the unpaired 1390-1392 MHz, 1670-1675 MHz, and 2385-2390 MHz bands, and
to the paired 1392-1395 MHz and 1432-1435 MHz bands, we do not
anticipate any adverse impact on small entities. The flexibility
afforded by part 27 of our rules should benefit large and small
entities alike, because licensees will be in a stronger position to
meet changes in demand for services. Under this approach, all licensees
will have the freedom to determine the services to be offered and the
technologies to be used in providing those services. An alternative to
this decision would have been to determine specific allowable services
in each frequency band and apply the applicable rule part to the
licensing of such services. This approach, however, would be
unsatisfactory because it is too restrictive, and in any event, it is
unclear that this would benefit small entities more than the flexible
licensing approach we have decided upon today.
18. Regarding our decision to license the unpaired 1390-1392 MHz,
1670-1675 MHz, and 2385-2390 MHz bands and the paired 1392-1395 MHz and
1432-1435 MHz bands by geographic area, we anticipate that, on balance
small entities will benefit from this licensing approach. A geographic
licensing approach in these bands is consistent with the Commission's
overall spectrum management goals in that it allows licensees to
quickly respond to market demand. Small entities that acquire spectrum
licensed on a geographic area basis, will benefit from such
flexibility. Moreover, we have attempted to strike a balance here by
using varying sizes of geographic areas. For example, small entities
may be more interested in spectrum licensed by smaller geographic areas
rather than in spectrum licensed on a nationwide basis. Consequently,
we have decided to license the 1390-1392 MHz band using fifty-two MEAs,
and license the paired 1392-1395 MHz and 1432-1435 MHz bands using six
EAGs. Combined with our decision to employ flexible use licensing,
which includes band manager licensing (see discussion below), small
entities should be able to acquire spectrum that fits their individual
needs. An alternative to our decision to use geographic areas to
license the subject frequency bands would have been to employ a site-
by-site licensing approach. Site-by-site licensing, however, would be
an inefficient licensing method for the unpaired 1390-1392 MHz, 1670-
1675 MHz, and 2385-2390 MHz bands and the paired 1392-1395 MHz and
1432-1435 MHz bands, because it would cause a greater strain on
Commission resources and have less flexibility for licensees.
19. Regarding our decision to license secondary telemetry in the
217-220 MHz and 1427-1429.5 MHz bands and primary telemetry in the
1429.5-1432 MHz band on a site-by-site basis, we anticipate no adverse
impact on small entities. In fact, our approach here is particularly
beneficial for small entities that have more localized spectrum needs,
because such entities can apply for just the site that is needed for
their communications systems. An alternative to this approach would
have been to license telemetry in these bands on a geographic area
basis. This is unsatisfactory, however, because, inter alia, of
potential harmful interference issues that a geographic overlay would
entail.
20. Regarding our decision to license the 1390-1392 MHz band using
a single 2 MHz block in each MEA, we do not anticipate any adverse
impact on small entities. Our approach here provides maximum
flexibility for both small and large entities to offer a wide range of
communications services. In addition, in those cases in which less than
2 MHz is required, band managers would be able to coordinate spectrum
under their control so as to maximize its use. An alternative to this
decision would have been to divide the spectrum available in the 1390-
1392 MHz band into two or more blocks. While this might promote
diversity, it makes more sense to license this band using a single 2
MHz spectrum block in order to allow both small and large entities the
opportunity to offer a wider range of services and to quickly meet
changes in market demand.
21. Regarding our decision to license the paired 1392-1395 MHz and
1432-1435 MHz bands using two pairs of 1.5 MHz spectrum blocks, we do
not anticipate any adverse impact to small entities. Our approach here
promotes competition by allowing more than one licensee in each market
and thus offers a greater opportunity for small entities to acquire
spectrum. An alternative to this approach would have been to license
these bands using a single pair of 3 MHz spectrum blocks. This
approach, however, is less desirable than the one we adopt today
because of the competition and diversity benefits realized by dividing
the spectrum into two blocks.
22. Regarding our decision to adopt the AHA-Itron Joint Agreement's
band flip proposal, we do not anticipate any adverse impact to small
entities. Our implementation of this private agreement should benefit
small and large entities by allowing telemetry and WMTS to operate
where such services are needed the most. An alternative to this
approach would have been to keep telemetry primary only in the 1429.5-
1432 MHz band and WMTS primary only in the 1427-1429.5 MHz band.
However, allowing telemetry and WMTS to operate in the seven geographic
``carve-out'' areas in each other's primary allocation, allows greater
flexibility in operations while avoiding harmful interference. The
geographic ``carve-out'' areas refer to those service areas
specifically designated in the AHA-Itron Joint Agreement where
telemetry may operate on a primary basis in the 1427-1429 MHz band and
1431.5-1432 MHz band; and where WMTS may operate on a primary basis in
the 1429-1431.5 MHz band.
23. Regarding our decision to license the 1670-1675 MHz band using
a single 5 MHz spectrum block, we do not

[[Page 41852]]

believe that there will be any adverse impact on small entities.
Although dividing this spectrum into two or more blocks might offer
more opportunities for small entities to compete for a license, we
agree with the commenters that a single 5 MHz spectrum block will
promote the development of new technologies and services and therefore,
promotes the public interest.
24. Regarding our decision to license the 2385-2390 MHz band using
a single 5 MHz spectrum block, we do not believe that there will be any
adverse impact on small entities. Although dividing this spectrum into
two or more blocks might offer more opportunities for small entities to
compete for a license, this is outweighed by the benefits that a larger
spectrum block provides in terms of flexibility. In addition, we note
that no commenters, including small entities, proposed an alternate
spectrum block size for this frequency band.
25. Regarding our decision to employ a flexible use licensing
scheme for the unpaired 1390-1392 MHz, 1670-1675 MHz, and 2385-2390 MHz
bands and the paired 1392-1394 MHz and 1432-1435 MHz bands (see paras.
38-39, supra) we do not anticipate any adverse impact on small
entities. In fact, this approach should generally provide small
entities with greater opportunities to acquire spectrum specifically
tailored for their needs. For example, through a band manager licensee,
small entities can obtain spectrum rights that are suited for
operations of a local nature, rather than obtaining an entire
geographic area that would result in less efficient spectrum use. An
alternative to this approach would have been to prohibit band managers
from being licensed in these frequency bands. We find that this would
be unsatisfactory, however, because the results would have been less
efficient spectrum markets and less spectrum access for small entities.
26. Regarding our decision to require a showing of ``substantial
service'' at license renewal time, (see paras. 72-73, supra) we do not
anticipate any adverse impact on small entities. An alternative would
have been to adopt a ``minimal coverage'' requirement. We believe,
however, that the substantial service standard is better because it
will provide both small and large entities the flexibility to determine
how to best implement their business plans based on actual service to
end users.
27. Regarding our decision to allow licensees in the unpaired 1390-
1392 MHz, 1670-1675 MHz, and 2385-2390 MHz bands and the paired 1392-
1395 MHz and 1432-1435 MHz bands to partition and/or disaggregate their
spectrum, (see paras. 80-83, supra) we do not anticipate any adverse
impact on small entities. In fact, allowing licensees to partition/
disaggregate their licensed spectrum should improve opportunities for
small entities to acquire spectrum for their particular needs. An
alternative to this approach would have been to prohibit partitioning/
disaggregation, but we received no comments proposing such a
prohibition.
28. Regarding our decision to require frequency coordination for
primary and secondary telemetry operations in the 217-220 MHz, 1427-
1429.5 MHz and 1429.5-1432 MHz bands (see paras. 88-98, supra) we do
not anticipate any adverse impact on small entities. Although there are
certain costs associated with filing an application through an FCC-
certified frequency coordinator, on balance, the benefits of frequency
coordination, especially the avoidance of harmful interference,
outweigh any costs. An alternative to this approach would have been to
not require frequency coordination, but this is unacceptable because of
high congestion, primary incumbent operations that must be protected,
and the fact that licensees in these bands must share frequencies.

II. Ordering Clause

1. Pursuant to Sections 1, 4(i), 301, 302, 303(f) and (r), 309(j)
and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 1,
154(i), 301, 302, 303(f) and (r), 309(j) and 332, this Report and Order
is adopted.
2. Parts 1, 2, 27, 90, and 95 of the Commission's Rules are amended
as specified in Appendix E, effective 60 days after publication in the
Federal Register. Information collections contained in Secs. 27.106 and
90.176 will be effective upon OMB approval.
3. The Petition for Rulemaking filed by Data Flow Systems, is
granted, in part, and denied in part as described herein.
4. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this report and
order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

Administrative practice and procedure, Radio.

47 CFR Part 2

Communications equipment, Radio.

47 CFR Part 27

Communications common carriers, Radio.

47 CFR Part 87

Communications equipment, Radio, Reporting and recordkeeping
requirements.

47 CFR Part 90

Communications equipment, Radio, Reporting and recordkeeping
requirements.

47 CFR Part 95

Communications equipment, Radio, Reporting and recordkeeping
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

For the reasons discussed in the preamble the Federal
Communications Commission proposes to amend 47 CFR parts 1, 2, 27, 87,
90 and 95 as follows:

PART 1--PRACTICE AND PROCEDURE

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

Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309,
and 325(e) unless otherwise noted.

2. Section 1.924(f) is revised to read as follows:

Sec. 1.924 Quiet zones.

* * * * *
(f) GOES. The requirements of this paragraph are intended to
minimize harmful interference to Geostationary Operational
Environmental Satellite earth stations receiving in the band 1670-1675
MHz, which are located at Wallops Island, Virginia; Fairbanks, Alaska;
and Greenbelt, Maryland.
(1) Applicants and licensees planning to construct and operate a
new or modified station within the area bounded by a circle with a
radius of 100 kilometers (62.1 miles) that is centered on 37 deg.56'47"
N, 75 deg.27'37" W (Wallops Island) or 64 deg.58'36" N, 147 deg.31'03"
W (Fairbanks) or within the area bounded by a circle with a radius of
65 kilometers (40.4 miles) that is centered on 39 deg.00'02" N,
76 deg.50'31" W (Greenbelt) must notify the National Oceanic and
Atmospheric Administration (NOAA) of the proposed operation. For this
purpose, NOAA maintains the GOES coordination web page at http://
www.osd.noaa.gov/radio/frequency.htm, which provides the technical
parameters of the earth

[[Page 41853]]

stations and the point-of-contact for the notification. The
notification shall include the following information: requested
frequency, geographical coordinates of the antenna location, antenna
height above mean sea level, antenna directivity, emission type,
equivalent isotropically radiated power, antenna make and model, and
transmitter make and model.
(2) Protection. (i) Wallops Island and Fairbanks. Licensees are
required to protect the Wallops Island and Fairbanks sites at all
times.
(ii) Greenbelt. Licensees are required to protect the Greenbelt
site only when it is active. Licensees should coordinate appropriate
procedures directly with NOAA for receiving notification of times when
this site is active.
(3) When an application for authority to operate a station is filed
with the FCC, the notification required in paragraph (f)(1) of this
section should be sent at the same time. The application must state the
date that notification in accordance with paragraph (f)(1) of this
section was made. After receipt of such an application, the FCC will
allow a period of 20 days for comments or objections in response to the
notification.
(4) If an objection is received during the 20-day period from NOAA,
the FCC will, after consideration of the record, take whatever action
is deemed appropriate.
* * * * *

3. Section 1.1307(b)(1) is amended by revising the entry of
``Wireless Communications Service (part 27)'' to read as follows:

Sec. 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assignments (EAs) must be prepared.

* * * * *
(b) * * *

Table 1.--Transmitters, Facilities and Operations Subject to Routine
Environmental Evaluation
------------------------------------------------------------------------
Service (Title 47 CFR Rule Part) Evaluation required if . . .
------------------------------------------------------------------------

* * * *
* * *
Wireless Communications Service (Part (1) For the 1390-1392 MHz, 1392-
27). 1395 MHz, 1432-1435 MHz 1670-
1675 MHz and 2385-2390 MHz
bands:
Non-building-mounted antennas:
height above ground level to
lowest point of antenna 10m
and total power of all
channels > 2000 W ERP (3280 W
EIRP).
Building-mounted antennas:
total power of all channels
>2000 W ERP (3280 W EIRP).
(2) For the 746-764 MHz, 776-
794 MHz, 2305-2320 MHz, and
2345-2360 MHz bands.
Total power of all channels
>1000 W ERP (1640 W EIRP).

* * * *
* * *
------------------------------------------------------------------------

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

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

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

5. In Sec. 2.106 in the Table of Frequency Allocations, footnotes
US74, US350 and US362 are revised to read as follows:

Sec. 2.106 Table of Frequency Allocations.

* * * * * * *

UNITED STATES (US) FOOTNOTES

* * * * * * *
^US74 In the bands 25.55-25.67, 73.0-74.6, 406.1-
410.0, 608-614, 1400-1427, 1660.5-1670.0, 2690-2700 and 4990-5000
MHz and in the bands 10.68-10.7, 15.35-15.4, 23.6-24.0, 31.3-31.5,
86-92, 105-116 and 217-231 GHz, the radio astronomy service shall be
protected from extraband radiation only to the extent that such
radiation exceeds the level which would be present if the offending
station were operating in compliance with the technical standards or
criteria applicable to the service in which it operates. Radio
astronomy observations in these bands are performed at the locations
listed in US311.
* * * * * * *
^US350 In the bands 608-614 MHz and 1395-1400 MHz the
Government and non-Government land mobile service is limited to
medical telemetry and medical telecommand operations. Availability
and use of medical telemetry and telecommand and non-medical
telemetry and telecommand in the band 1427-1432 MHz are described
further:

------------------------------------------------------------------------
Location (see 90.259(b)(4) and
95.630(b) of this chapter for a 1427-1429 MHz 1429-1431.5 MHz
detailed description) 1431.5-1432 MHz
------------------------------------------------------------------------
Austin/Georgetown, Texas........ Non-Government Government and non-
Battle Creek, Michigan.......... land mobile Government land
Detroit, Michigan............... service is mobile service is
Pittsburgh, Pennsylvania........ limited to limited to
Richmond/Norfolk, Virginia...... telemetry and medical telemetry
Spokane, Washington............. telecommand and telecommand
operations. operations.
Washington, DC metropolitan area .................. Non-Government
telemetry and
telecommand use
is permitted on a
secondary basis.

[[Page 41854]]

Rest of U.S..................... Government and non- Non-Government
Government land land mobile
mobile service is service is
limited to limited to
medical telemetry telemetry and
and telecommand telecommand
operations. operations.
Non-Government
telemetry and
telecommand use
is permitted on a
secondary basis.

* * * *
* * *
------------------------------------------------------------------------

^US362 The band 1670-1675 MHz is allocated to the
meteorological-satellite service (space-to-Earth) on a primary basis
for Government use. Earth station use of this allocation is limited to
Wallops Island, VA (37 deg.56'47" N, 75 deg.27'37" W), Fairbanks, AK
(64 deg.58'36" N, 147 deg.31'03" W), and Greenbelt, MD (39 deg.00'02"
N, 76 deg.50'31" W). Applicants for non-Government stations within 100
kilometers of the Wallops Island or Fairbanks coordinates and within 65
kilometers of the Greenbelt coordinates shall notify NOAA in accordance
with the procedures specified in 47 CFR 1.924.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

6. 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.

7. Section 27.1 is amended by adding paragraphs (b)(4) through
(b)(7) to read as follows:

Sec. 27.1 Basis and purpose.

* * * * *
(b) * * *
(4) 1390-1392 MHz.
(5) 1392-1395 MHz and 1432-1435 MHz.
(6) 1670-1675 MHz.
(7) 2385-2390 MHz.
8. Section 27.4 is amended by revising the definition of
``Affiliate'' and by adding a definition in alphabetical order to read
as follows:

Sec. 27.4 Terms and definitions.

* * * * *
Affiliate. This term shall have the same meaning as that for
``affiliate'' in part 1, Sec. 1.2110(b)(5) of this chapter.
* * * * *
Band Manager. The term Band Manager refers to a licensee in the
paired 1392-1395 MHz and 1432-1435 MHz bands and the unpaired 1390-1392
MHz, 1670-1675 MHz and 2385-2390 MHz bands that functions solely as a
spectrum broker by subdividing its licensed spectrum and making it
available to system operators or directly to end users for fixed or
mobile communications consistent with Commission Rules. A Band Manager
is directly responsible for any interference or misuse of its licensed
frequency arising from its use by such non-licensed entities.
* * * * *
9. Section 27.5 is amended by adding paragraphs (d) through (g) to
read as follows:

Sec. 27.5 Frequencies.

* * * * *
(d) 1390-1392 MHz band. The 1390-1392 MHz band is available for
assignment on a Major Economic Area basis.
(e) The paired 1392-1395 and 1432-1435 MHz bands. The paired 1392-
1395 MHz and 1432-1435 MHz bands are available for assignment on an
Economic Area Grouping basis as follows: Block A: 1392-1393.5 MHz and
1432-1433.5 MHz; and Block B: 1393.5-1395 MHz and 1433.5-1435 MHz.
(f) 1670-1675 MHz band. The 1670-1675 MHz band is available for
assignment on a nationwide basis.
(g) 2385-2390 MHz band. The 2385-2390 MHz band is available for
assignment on a nationwide basis.

10. Section 27.6 is amended by adding paragraphs (d) through (g) to
read as follows:

Sec. 27.6 Service areas.

* * * * *
(d) 1390-1392 MHz band. Service areas for the 1390-1392 MHz band is
based on Major Economic Areas (MEAs), as defined in paragraphs (a)(1)
and (a)(2) of this section.
(e) The paired 1392-1395 and 1432-1435 MHz bands. Service areas for
the paired 1392-1395 and 1432-1435 MHz bands are as follows. Service
areas for Block A in the 1392-1393.5 MHz and 1432-1433.5 MHz bands and
Block B in the 1393.5-1395 MHz and 1433.5-1435 MHz bands are based on
Economic Area Groupings (EAGs) as defined in paragraph (b)(2) of this
section.
(f) 1670-1675 MHz band. Service areas for the 1670-1675 MHz band
are available on a nationwide basis.
(g) 2385-2390 MHz band. Service areas for the 2385-2390 MHz band
are available on a nationwide basis.

11. Section 27.10 is amended by revising the introductory text to
read as follows:

Sec. 27.10 Regulatory status.

Except with respect to Band Manager licenses and Guard Band Manager
licenses, which are subject to subpart G of this part, the following
rules apply concerning the regulatory status of licensees in the
frequency bands specified in Sec. 27.5.
* * * * *

12. Section 27.11 is amended by adding paragraphs (e) through (h)
to read as follows:

Sec. 27.11 Initial authorization.

* * * * *
(e) 1390-1392 MHz band. Initial authorizations for the 1390-1392
MHz band shall be for 2 megahertz of spectrum in accordance with
Sec. 27.5(c). Authorizations will be based on Major Economic Areas
(MEAs), as specified in Sec. 27.6(c).
(f) The paired 1392-1395 MHz and 1432-1435 MHz bands. Initial
authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands
shall be for 3 megahertz of paired spectrum in accordance with
Sec. 27.5(d). Authorization for Blocks A and B will be based on
Economic Areas Groupings (EAGs), as specified in Sec. 27.6(d).
(g) 1670-1675 MHz band. Initial authorizations for the 1670-1675
MHz band shall be for 5 megahertz of spectrum in accordance with
Sec. 27.5(e). Authorizations will be on a nationwide basis.
(h) 2385-2390 MHz band. Initial authorizations for the 2385-2390
MHz band shall be for 5 megahertz of spectrum in accordance with
Sec. 27.5(f). Authorizations will be on a nationwide basis.

13. Section 27.12 is revised to read as follows:

[[Page 41855]]

Sec. 27.12 Eligibility.

(a) Except as provided in Sec. 27.604, any entity other than those
precluded by section 310 of the Communications Act of 1934, as amended,
47 U.S.C. 310, is eligible to hold a license under this part.
(b) Band Manager licenses. For the 1392-1395 MHz, 1670-1675 MHz,
and 2385-2390 MHz bands and the paired 1392-1395 MHz and 1432-1435 MHz
bands, applicants applying for an initial license may elect to operate
as a Band Manager, subject to the rules governing Guard Band Managers
under subpart G of part 27, provided however, that the following rules
do not apply to Band Managers:
(1) The prohibition in Secs. 27.601(a) and (b) against employing a
cellular system architecture;
(2) The requirement in Sec. 27.601(d)(1) to notify Public Safety
frequency coordinators;
(3) The requirement in Sec. 27.603(c) to lease the predominant
amount of its spectrum to non-affiliates;
(4) The prohibition in Sec. 27.604 against a single applicant
becoming the winning bidder of both blocks A and B in a single
geographic service area; and
(5) The requirement in Sec. 27.605 that any entity that acquires a
portion of a Guard Band Manager's spectrum or geographic area through
partitioning or disaggregation must also act as a band manager.

14. Section 27.13 is amended by adding paragraphs (c) through (f)
to read as follows:

Sec. 27.13 License period.

* * * * *
(c) 1390-1392 MHz band. Initial authorizations for the 1390-1392
MHz band will have a term not to exceed ten years from the date of
initial issuance or renewal.
(d) The paired 1392-1395 and 1432-1435 MHz bands. Initial WCS
authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands
will have a term not to exceed ten years from the date of initial
issuance or renewal.
(e) 1670-1675 MHz band. Initial authorizations for the 1670-1675
MHz band will have a term not to exceed ten years from the date of
initial issuance or renewal.
(f) 2385-2390 MHz band. Initial authorizations for the 2385-2390
MHz band will have a term not to exceed ten years from the date of
initial issuance or renewal.

15. Section 27.50 is amended by redesignating paragraph (d) as
paragraph (g) and by adding new paragraphs (d), (e), and (f) to read as
follows:

Sec. 27.50 Power and antenna height limits.

* * * * *
(d) The following power limits apply to the paired 1392-1395 MHz
and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4
GHz band):
(1) Fixed stations transmitting in the 1390-1392 MHz and 1432-1435
MHz bands are limited to 2000 watts EIRP peak power. Fixed stations
transmitting in the 1392-1395 MHz band are limited to 100 watts EIRP
peak power.
(2) Mobile stations transmitting in the 1390-1392 MHz and 1432-1435
MHz bands are limited to 4 watts EIRP peak power. Mobile stations
transmitting in the1392-1395 MHz band are limited to 1 watt EIRP peak
power.
(e) The following power limits apply to the 1670-1675 MHz band:
(1) Fixed and base stations are limited to 2000 watts EIRP peak
power.
(2) Mobile stations are limited to 4 watts EIRP peak power.
(f) The following power limits apply to the 2385-2390 MHz band:
(1) Fixed and base stations are limited to 2000 watts EIRP peak
power.
(2) Mobile and aeronautical mobile stations are limited to 4 watts
EIRP peak power.
* * * * *

16. Section 27.53 is amended by adding paragraphs (h) through (k)
to read as follows:

Sec. 27.53 Emission limits.

* * * * *
(h) For operations in the unpaired 1390-1392 MHz band and the
paired 1392-1395 MHz and 1432-1435 MHz bands, the power of any emission
outside the licensee's frequency band(s) of operation shall be
attenuated below the transmitter power (P) by at least 43 + 10 log (P)
dB. Compliance with these provisions is based on the procedures
described in paragraph (a)(4) of this section.
(i) For operations in the 1670-1675 MHz band, the power of any
emission outside the licensee's frequency band(s) of operation shall be
attenuated below the transmitter power (P) by at least 43 + 10 log (P)
dB. Compliance with these provisions is based on the procedures
described in paragraph (a)(4) of this section.
(j) For operations in the 2385-2390 MHz band, the power of any
emission outside the licensee's frequency band(s) of operation shall be
attenuated below the transmitter power (P) by at least 43 + 10 log (P)
dB. Compliance with these provisions is based on the procedures
described in paragraph (a)(4) of this section.
(k) When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in this section.

17. Section 27.55(a) is amended by adding paragraph (a)(3) to read
as follows:

Sec. 27.55 Field strength limits.

* * * * *
(a) * * *
(3) The paired 1392-1395 MHz and 1432-1435 MHz bands and the
unpaired 1390-1392 MHz band (1.4 GHz band): 47 dBuV/m.
* * * * *

18. Subpart I is added to read as follows:

Subpart I--1.4 GHz Band

Sec. 27.801 Scope.

This subpart sets out the regulations governing service in the
paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired
1390-1392 MHz band (1.4 GHz band).

Sec. 27.802 Permissible communications.

Licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and
unpaired 1390-1392 MHz band are authorized to provide fixed or mobile
service, except aeronautical mobile service, subject to the technical
requirements of this subpart.

Sec. 27.803 Coordination requirements.

(a) Licensees in the 1.4 GHz band will be issued geographic area
licenses in accordance with the service areas listed in Sec. 27.6(d)
and (e).
(b) Licensees in the 1.4 GHz Service must file a separate station
application with the Commission and obtain an individual station
license, prior to construction or operation, of any station:
(1) That requires submission of an Environmental Assessment under
part 1, Sec. 1.1307 of this chapter;
(2) That requires international coordination;
(3) That operates in the quiet zones listed in part 1, Sec. 1.924
of this chapter; or
(4) That requires approval of the Frequency Advisory Subcommittee
(FAS) of the Interdepartment Radio Advisory Committee (IRAC). Stations
that require FAS approval are as follows:
(i) Licensees in the 1390-1392 MHz and 1392-1395 MHz band must
receive FAS approval prior to operation of fixed sites or mobile units
within the NTIA recommended protection radii of the Government sites
listed in footnote US351 of Sec. 2.106 of this chapter.
(ii) Licensees in the 1432-1435 MHz band must receive FAS approval,
prior

[[Page 41856]]

to operation of fixed sites or mobile units within the NTIA recommended
protection radii of the Government sites listed in footnote US361 of
Sec. 2.106 of this chapter.
(c) Prior to construction of a station, a licensee in the 1.4 GHz
Band must register with the Commission any station antenna structure
for which notification to the Federal Aviation Administration is
required by part 17 of this chapter.
(d) It is the licensee's responsibility to determine whether an
individual station needs referral to the Commission.
(e) The application required in paragraph (b) of this chapter must
be filed on the Universal Licensing System.

Sec. 27.804 Field Strength Limits at WMTS Facility.

For any operation in the 1392-1395 MHz band, the predicted or
measured field strength--into the WMTS band at 1395-1400 MHz--shall not
exceed 150 uV/m at the location of any registered WMTS healthcare
facility. When performing measurements to determine compliance with
this provision, measurement instrumentation employing an average
detector and a resolution bandwidth of 1 MHz may be used, provided it
accurately represents the true interference potential of the equipment.

Sec. 27.805 Geographic partitioning and spectrum disaggregation.

An entity that acquires a portion of a 1.4 GHz band licensee's
geographic area or spectrum subject to a geographic partitioning or
spectrum disaggregation agreement under Sec. 27.15 must function as a
1.4 GHz band licensee and is subject to the obligations and
restrictions on the 1.4 GHz band license as set forth in this subpart.

Sec. 27.806 1.4 GHz Service licenses subject to competitive bidding.

Mutually exclusive initial applications for 1.4 GHz Band licenses
in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the
unpaired 1390-1392 MHz band are subject to competitive bidding. The
general competitive bidding procedures set forth in part 1, subpart Q
of this chapter will apply unless otherwise provided in this subpart.

Sec. 27.807 Designated entities.

(a) Eligibility for small business provisions for 1.4 GHz band
licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands and the
unpaired 1390-1392 MHz band.
(1) A very small business is an entity that, together with its
controlling interests and affiliates, has average annual gross revenues
not exceeding $15 million for the preceding three years.
(2) A small business is an entity that, together with its
controlling interests and affiliates, has average annual gross revenues
not exceeding $40 million for the preceding three years.
(3) A consortium of very small businesses is a conglomerate
organization formed as a joint venture between or among mutually
independent business firms, each of which individually satisfies the
definition in paragraph (a)(1) of this section. A consortium of small
businesses is a conglomerate organization formed as a joint venture
between or among mutually independent business firms, each of which
individually satisfies the definition in paragraph (a)(2) of this
section.
(4) For purposes of determining whether an entity meets any of the
definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this
section, the gross revenues of the entity, its controlling interests
and affiliates shall be considered in the manner set forth in
Sec. 1.2110(b) and (c) of this chapter.
(b) Bidding credits. A winning bidder that qualifies as a very
small business or a consortium of very small businesses as defined in
this section may use the bidding credit specified in
Sec. 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies
as a small business or a consortium of small businesses as defined in
this section may use the bidding credit specified in
Sec. 1.2110(f)(2)(iii) of this chapter.

19. Subpart J is added to read as follows:

Subpart J--1670-1675 MHz Band

Sec. 27.901 Scope.

This subpart sets out the regulations governing service in the
1670-1675 MHz band (1670-1675 MHz band).

Sec. 27.902 Permissible communications.

Licensees in the 1670-1675 MHz band are authorized to provide fixed
or mobile service, except aeronautical mobile service, subject to the
technical requirements of this subpart.

Sec. 27.903 Coordination requirements.

(a) The licensee in the 1670-1675 MHz band will be issued a
geographic area license on a nationwide basis in accordance with
Sec. 27.6(f).
(b) Licensees in the 1670-1675 MHz band must file a separate
station application with the Commission and obtain an individual
station license, prior to construction or operation, of any station:
(1) That requires submission of an Environmental Assessment under
part 1, Sec. 1.1307 of this chapter;
(2) That requires international coordination;
(3) That operates in the quiet zones listed under part 1,
Sec. 1.924 of this chapter.
(c) The application required in paragraph (b) of this section must
be filed on the Universal Licensing System.
(d) Prior to construction of a station, a licensee must register
with the Commission any station antenna structure for which
notification to the Federal Aviation Administration is required by part
17 of this chapter.
(e) It is the licensee's responsibility to determine whether an
individual station requires referral to the Commission.

Sec. 27.904 Geographic partitioning and spectrum disaggregation.

An entity that acquires a portion of a 1670-1675 MHz band
licensee's geographic area or spectrum subject to a geographic
partitioning or spectrum disaggregation agreement under Sec. 27.15 must
function as a 1670-1675 MHz licensee and is subject to the obligations
and restrictions on the 1670-1675 MHz license as set forth in this
subpart.

Sec. 27.905 1670-1675 MHz Service licenses subject to competitive
bidding.

Mutually exclusive initial applications for the 1670-1675 MHz Band
license are subject to competitive bidding. The general competitive
bidding procedures set forth in part 1, subpart Q of this chapter will
apply unless otherwise provided in this subpart.

Sec. 27.906 Designated entities.

[[Page 41857]]

independent business firms, each of which individually satisfies the
definition in paragraph (a)(2) of this section.
(4) For purposes of determining whether an entity meets any of the
definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this
section, the gross revenues of the entity, its controlling interests
and affiliates shall be considered in the manner set forth in
Sec. 1.2110(b) and (c) of this chapter.
(b) Bidding credits. A winning bidder that qualifies as a very
small business or a consortium of very small businesses as defined in
this section may use the bidding credit specified in
Sec. 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies
as a small business or a consortium of small businesses as defined in
this section may use the bidding credit specified in
Sec. 1.2110(f)(2)(iii) of this chapter.

20. Subpart K is added to read as follows:

Subpart K--2385-2390 MHz Band.

Sec. 27.1001 Scope.

This subpart sets out the regulations governing service in the
2385-2390 MHz band (2385-2390 MHz band).

Sec. 27.1002 Permissible communications.

Licensees in the 2385-2390 MHz band are authorized to provide fixed
or mobile service, including aeronautical mobile, subject to the
technical requirements of this subpart.

Sec. 27.1003 Coordination requirements.

(a) The licensee in the 2385-2390 MHz band will be issued a
geographic area license on a nationwide basis in accordance with
Sec. 27.6(g).
(b) The licensee in the 2385-2390 MHz Band must file a separate
station application with the Commission and obtain an individual
station license, prior to construction or operation, of any station:
(1) That requires submission of an Environmental Assessment under
part 1, Sec. 1.1307 of this chapter;
(2) That requires international coordination;
(3) That operates in the quiet zones listed in part 1, Sec. 1.924
of this chapter;
(4) That requires approval of the Frequency Advisory Subcommittee
(FAS) of the Interdepartment Radio Advisory Committee (IRAC). The
Licensee in the 2385-2390 MHz Band must receive FAS approval prior to
operation of fixed sites or mobile units within the NTIA recommended
protection radii of the Government aeronautical telemetry sites listed
in footnote US363 of Sec. 2.106 of this chapter.
(c) The licensee in the 2385-2390 MHz Band must file a separate
station application with the Commission and obtain an individual
station license prior to construction or operation of any station that
would require approval of the Aeronautical Flight Test Radio
Coordinating Council (AFTRCC). Any fixed sites or mobile units within
the protection radii of the non-Government flight test operations
listed in footnote US363 of Sec. 2.106 of this chapter will require
AFTRCC approval. The licensee in the 2385-2390 MHz Band must receive
AFTRCC approval prior to filing an application and the application must
contain a showing of AFTRCC approval.
(d) Prior to construction of a station, the 2385-2390 MHz licensee
must register with the Commission any station antenna structure for
which notification to the Federal Aviation Administration is required
by part 17 of this chapter.
(e) It is the licensee's responsibility to determine whether a
referral to the Commission is needed for any individual station
constructed.
(f) The application required in paragraphs (b) and (c) of this
section must be filed on the Universal Licensing System.

Sec. 27.1004 Geographic partitioning and spectrum disaggregation.

An entity that acquires a portion of a 2385-2390 MHz licensee's
geographic area or spectrum subject to a geographic partitioning or
spectrum disaggregation agreement under Sec. 27.15 must function as a
2385-2390 MHz licensee and is subject to the obligations and
restrictions on the 2385-2390 MHz license as set forth in this subpart.

Sec. 27.1005 2385-2390 MHz Service licenses subject to competitive
bidding.

Mutually exclusive initial applications for the 2385-2390 MHz Band
license are subject to competitive bidding. The general competitive
bidding procedures set forth in part 1, subpart Q of this chapter will
apply unless otherwise provided in this subpart.

Sec. 27.1006 Designated entities.

(a) Eligibility for small business provisions.
(1) A very small business is an entity that, together with its
controlling interests and affiliates, has average annual gross revenues
not exceeding $15 million for the preceding three years.
(2) A small business is an entity that, together with its
controlling interests and affiliates, has average annual gross revenues
not exceeding $40 million for the preceding three years.
(3) A consortium of very small businesses is a conglomerate
organization formed as a joint venture between or among mutually
independent business firms, each of which individually satisfies the
definition in paragraph (a)(1) of this section. A consortium of small
businesses is a conglomerate organization formed as a joint venture
between or among mutually independent business firms, each of which
individually satisfies the definition in paragraph (a)(2) of this
section.
(4) For purposes of determining whether an entity meets any of the
definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this
section, the gross revenues of the entity, its controlling interests
and affiliates shall be considered in the manner set forth in
Sec. 1.2110(b) and (c) of this chapter.
(b) Bidding credits. A winning bidder that qualifies as a very
small business or a consortium of very small businesses as defined in
this section may use the bidding credit specified in
Sec. 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies
as a small business or a consortium of small businesses as defined in
this section may use the bidding credit specified in
Sec. 1.2110(f)(2)(iii) of this chapter.

PART 87--AVIATION SERVICES

21. The authority citation for part 87 continues to read as
follows:

Authority: 47 U.S.C. 154, 303 and 307(e) unless otherwise noted.

22. Section 87.173(b), in the Frequency table, is amended by adding
an entry in numerical order to read as follows:

Sec. 87.173 Frequencies.

* * * * *
(b) * * *

[[Page 41858]]

----------------------------------------------------------------------------------------------------------------
Frequency or frequency band Subpart Class of station Remarks
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
2310-2390 MHz \3\..................... J MA,FAT.................. Aeronautical telemetry
and telecommand
operations.

* * * * * *
*
----------------------------------------------------------------------------------------------------------------
\3\ All operation in the 2385-2390 MHz portion of the 2310-2390 MHz band are secondary to WCS operations in
accordance with subpart K of Part 27 except at the locations listed in footnote US363 of Sec. 2.106.
Operations at the locations listed in footnote US363 of Sec. 2.106 will remain primary until January 1, 2007.
After January 1, 2007, all operations in the 2385-2390 MHz portion of the 2310-2390 MHz band will be secondary
to WCS operations in accordance with subpart K of part 27 of this chapter.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

23. The authority citation for part 90 continues to read as
follows:

Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).

24. Section 90.20(c)(3), Public Safety Pool Frequency Table, is
amended removing frequency 1427 to 1435 and by adding one new entry in
numerical order to read as follows:

Sec. 90.20 Public Safety Pool.

* * * * *
(c) * * *
(3) Frequencies.

Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
Kilohertz
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
1427 to 1432.......................... Base, mobile or operational 72
fixed.

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

25. Section 90.35(b)(3), Industrial/Business Pool Table, is amended
by removing frequency 216 to 220 and 1427 to 1435 and by adding three
new entries in numerical order to read as follows:

Sec. 90.35 Industrial/Business Pool.

* * * * *
(b) * * *
(3) * * *

Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
Kilohertz
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Megahertz
----------------------------------------------------------------------------------------------------------------
216 to 217............................ Base or mobile............... 55 .........................
217 to 220............................ Base, mobile, or operational 55 .........................
fixed.

* * * * * *
*
1427 to 1432.......................... Base, mobile or operational
fixed. 55.

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

26. Section 90.175 is revised to read as follows:

Sec. 90.175 Frequency coordinator requirements.

Except for applications listed in paragraph (j) of this section,
each application for a new frequency assignment, for a change in
existing facilities as listed in Sec. 90.135(a), or for operation at
temporary locations in accordance with Sec. 90.137 must include a
showing of frequency coordination as set forth further.
(a) Frequency coordinators may request, and applicants are required
to provide, all appropriate technical information, system requirements,
and justification for requested station parameters when such
information is necessary to identify and recommend

[[Page 41859]]

the most appropriate frequency. Additionally, applicants bear the
burden of proceeding and the burden of proof in requesting the
Commission to overturn a coordinator's recommendation.
(b) For frequencies between 25 and 470 MHz: (1) A statement is
required from the applicable frequency coordinator as specified in
Secs. 90.20(c)(2) and 90.35(b) recommending the most appropriate
frequency. In addition, if the interference contour of a proposed
station would overlap the service contour of a station on a frequency
formerly shared prior to radio service consolidation by licensees in
the Manufacturers Radio Service, the Forest Products Radio Service, the
Power Radio Service, the Petroleum Radio Service, the Motor Carrier
Radio Service, the Railroad Radio Service or the Automobile Emergency
Radio Service, the written concurrence of the coordinator for the
industry-specific service, or the written concurrence of the licensee
itself, must be obtained. Requests for concurrence must be responded to
within 20 days of receipt of the request. The written request for
concurrence shall advise the receiving party of the maximum 20 day
response period. The coordinator's recommendation may include comments
on technical factors such as power, antenna height and gain, terrain
and other factors which may serve to minimize potential interference.
In addition:
(2) On frequencies designated for coordination or concurrence by a
specific frequency coordinator as specified in Secs. 90.20(c)(3) and
90.35(b), the applicable frequency coordinator shall provide a written
supporting statement in instances in which coordination or concurrence
is denied. The supporting statement shall contain sufficient detail to
permit discernment of the technical basis for the denial of
concurrence. Concurrence may be denied only when a grant of the
underlying application would have a demonstrable, material, adverse
effect on safety.
(3) In instances in which a frequency coordinator determines that
an applicant's requested frequency or the most appropriate frequency is
one designated for coordination or concurrence by a specific frequency
coordinator as specified in Secs. 90.20(c)(3) or 90.35(b), that
frequency coordinator may forward the application directly to the
appropriate frequency coordinator. A frequency coordinator may only
forward an application as specified above if consent is received from
the applicant.
(c) For frequencies above 800 MHz: When frequencies are shared by
more than one service, concurrence must be obtained from the other
applicable certified coordinators.
(d) For frequencies in the 450-470 MHz band: When used for
secondary fixed operations, frequencies shall be assigned and
coordinated pursuant to Sec. 90.261.
(e) For frequencies between 470 and 512 MHz, 764-776/794-806 MHz,
806-824/851-869 MHz, and 896-901/935-940 MHz: A recommendation of the
specific frequencies that are available for assignment in accordance
with the loading standards and mileage separations applicable to the
specific radio service, frequency pool, or category of user involved is
required from an applicable frequency coordinator.
(f) For frequencies in the 929-930 MHz band listed in paragraph (b)
of Sec. 90.494: A statement is required from the coordinator
recommending the most appropriate frequency.
(g) For frequencies between 1427-1432 MHz: A statement is required
from the coordinator recommending the most appropriate frequency,
operating power and area of operation in accordance with the
requirements of Sec. 90.259(b).
(h) Any recommendation submitted in accordance with paragraphs (a),
(c), (d), or (e) of this section is advisory in character and is not an
assurance that the Commission will grant a license for operation on
that frequency. Therefore, applicants are strongly advised not to
purchase radio equipment operating on specific frequencies until a
valid authorization has been obtained from the Commission.
(i) Applications for facilities near the Canadian border north of
line A or east of line C in Alaska may require coordination with the
Canadian government. See Sec. 1.955 of this chapter.
(j) The following applications need not be accompanied by evidence
of frequency coordination:
(1) Applications for frequencies below 25 MHz.
(2) Applications for a Federal Government frequency.
(3) Applications for frequencies in the 72-76 MHz band except for
mobile frequencies subject to Sec. 90.35(c)(77).
(4) Applications for a frequency to be used for developmental
purposes.
(5) Applications in the Industrial/Business Pool requesting a
frequency designated for itinerant operations, and applications
requesting operation on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880
MHz, and 151.940 MHz.
(6) Applications in the Radiolocation Service.
(7) [Reserved]
(8) Applications for frequencies listed in the SMR tables contained
in Secs. 90.617 and 90.619.
(9) Applications indicating license assignments such as change in
ownership, control or corporate structure if there is no change in
technical parameters.
(10) Applications for mobile stations operating in the 470-512 MHz
band, 764-776/794-806 MHz band, or above 800 MHz if the frequency pair
is assigned to a single system on an exclusive basis in the proposed
area of operation.
(11) Applications for add-on base stations in multiple licensed
systems operating in the 470-512 MHz, 764-776/794-806 MHz band, or
above 800 MHz if the frequency pair is assigned to a single system on
an exclusive basis.
(12) Applications for control stations operating below 470 MHz,
764-776/794-806 MHz, or above 800 MHz and meeting the requirements of
Sec. 90.119(b).
(13) Applications for itinerant operation in the 217-220 MHz band.
(14) Except for applications for the frequencies set forth in
Secs. 90.719(c) and 90.720, applications for frequencies in the 220-222
MHz band.
(15) Applications for a state license under Sec. 90.529.
(16) Applications for narrowband low power channels listed for
itinerant use in Sec. 90.531(b)(4)
23. Section 90.176 is revised as follows:

Sec. 90.176 Coordinator notification requirements on frequencies below
512 MHz, at 764-776/794-806 MHz, or at 1427-1432 MHz.

(a) Frequencies below 470 MHz. Within one business day of making a
frequency recommendation, each frequency coordinator must notify and
provide the information indicated in paragraph (g) of this section to
all other frequency coordinators who are also certified to coordinate
that frequency.
(1) The applicable frequency coordinator for each frequency is
specified in the coordinator column of the frequency tables of
Secs. 90.20(c)(3) and 90.35(b)(3).
(2) For frequencies that do not specify any frequency coordinator,
all certified in-pool coordinators must be notified.
(3) For frequencies that are shared between the Public Safety Pool
and the Industrial/Business Pool (frequencies subject to
Secs. 90.20(d)(7), (d)(25), (d)(34), or (d)(46) in the Public Safety
Pool, and subject to Secs. 90.35(c)(13), (c)(25), or (d)(4) in the
Industrial/Business Pool), all certified coordinators of both pools
must be notified.

[[Page 41860]]

(b) Frequencies in the 470-512 MHz band. Within one business day of
making a frequency recommendation, each frequency coordinator must
notify and provide the information indicated in paragraph (g) of this
section to all other certified frequency coordinators in the Public
Safety Pool and the Industrial/Business Pool.
(c) Frequencies in the 764-776/794-806 MHz band. Within one
business day of making a frequency recommendation, each frequency
coordinator must notify and provide the information indicated in
paragraph (g) of this section to all other certified frequency
coordinators in the Public Safety Pool.
(d) Frequencies in the 1427-1432 MHz band. Within one business day
of making a frequency recommendation, each frequency coordinator must
notify and provide the information indicated in paragraph (g) of this
section to the WMTS frequency coordinator designated in Sec. 95.113 and
to all other frequency coordinators who are also certified to
coordinate that frequency.
(e) Each frequency coordinator must also notify all other certified
in-pool coordinators on any day that the frequency coordinator does not
make any frequency recommendations.
(f) Notification must be made to all coordinators at approximately
the same time and can be made using any method that ensures compliance
with the one business day requirement.
(g) At a minimum the following information must be included in each
notification:
(1) Name of applicant;
(2) Frequency or frequencies recommended;
(3) Antenna locations and heights;
(4) Effective radiated power (ERP);
(5) Type(s) of emissions;
(6) Description of the service area; and
(7) Date and time of recommendation.
(h) Upon request, each coordinator must provide any additional
information requested from another certified coordinator regarding a
pending recommendation that it has processed but has not yet been
granted by the Commission.
(i) It is the responsibility of each coordinator to insure that its
frequency recommendations do not conflict with the frequency
recommendations of any other frequency coordinator. Should a conflict
arise, the affected coordinators are jointly responsible for taking
action to resolve the conflict, up to and including notifying the
Commission that an application may have to be returned.

28. Section 90.203(a)(1) is revised to read as follows:

Sec. 90.203 Certification required.

(a) * * *
(1) Effective October 16, 2002, except in the 1427-1432 MHz band,
an equipment approval may no longer be obtained for in-hospital medical
telemetry equipment operating under the provisions of this part. The
requirements for obtaining an approval for medical telemetry equipment
after this date are found in subpart H of part 95 of this chapter.
* * * * *

29. Section 90.205 is amended by redesignating paragraphs (e)
through (k) as paragraphs (f) through (l), redesignating paragraphs (l)
through (o) as paragraphs (n) through (q), and adding new paragraphs
(e) and (m) to read as follows:

Sec. 90.205 Power and antenna height limits.

* * * * *
(e) 217-220 MHz. Limitations on power and antenna heights are
specified in Sec. 90.259.
* * * * *
(m) 1427-1429.5 MHz and 1429.5-1432 MHz. Limitations on power are
specified in Sec. 90.259.
* * * * *

30. Section 90.209(b)(5) in the Standard Channel Spacing/Bandwidth,
is amended by removing frequency 1427-1435 and by adding two new
entries in numerical order and to read as follows:

Sec. 90.209 Bandwidth limitations.

* * * * *
(b) * * *
(5) * * *

Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
Channel Authorized
Frequency band (MHz) spacing bandwidth
(kHz) (kHz)
------------------------------------------------------------------------

* * * * *
216-220⁵........................................ 6.25 6.25

* * * * *
1427-1432⁵...................................... 12.5 12.5

* * * * *
------------------------------------------------------------------------
* * * * *
⁵ Licensees will be allowed to combine contiguous channels up to 50 kHz,
and more than 50 kHz only upon a showing of adequate justification per
Sec. 90.259(a)(8) and (b)(10).

31. Section 90.213(a) in the Minimum Frequency Stability, a new an
entry is added in numerical order to read as follows:

Sec. 90.213 Frequency stability.

(a) * * *

Minimum Frequency Stability
[Parts per million (ppm)]
----------------------------------------------------------------------------------------------------------------
Mobile stations
Fixed and base -------------------------------------
Frequency range (MHz) stations Over 2 watts 2 watts or less
output power output power
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
216-220................................................ 1.0 ................. 1.0

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

* * * * *
32. Section 90.259 is revised to read as follows:

Sec. 90.259 Assignment and use of frequencies in the bands 216-220 MHz
and 1427-1432 MHz.

(a) 216-220 MHz band. (1) Frequencies in the 216-220 MHz band may
be assigned to applicants that establish eligibility in the Industrial/
Business Pool.
(2) All operation is secondary to the fixed and mobile services,
including the Low Power Radio Service.

[[Page 41861]]

(3) In the 216-217 MHz band, no new assignments will be made after
January 1, 2002.
(4) In the 217-220 MHz band, the maximum transmitter output power
is 2 watts. The maximum antenna height above average terrain (HAAT) is
152 m (500 feet).
(5) In the 217-220 MHz band, base, mobile, and operational fixed is
permitted.
(6) Wide area operations will not be authorized. The area of normal
day-to-day operations will be described in the application in terms of
maximum distance from a geographical center (latitude and longitude).
(7) Assignable frequencies occur in increments of 6.25 kHz from
217.0625 MHz to 219.99375 MHz.
(8) Licensees may combine contiguous channels up to 50 kHz, and
more than 50 kHz only upon a showing of adequate justification.
(b) 1427-1432 MHz band. (1) Frequencies in the 1427-1432 MHz band
may be assigned to applicants that establish eligibility in the Public
Safety Pool or the Industrial/Business Pool.
(2) All operations in the 1427-1429.5 MHz band are secondary to the
Wireless Medical Telemetry Service except in the locations specified in
paragraph (b)(4) of this section. At the locations specified in
paragraph (b)(4) of this section, all operations are secondary to the
Wireless Medical Telemetry Service in the 1429-1431.5 MHz band.
(3) All operations in the 1429.5-1432 MHz band are primary in
status except in the locations specified in paragraph (b)(4) of this
section. At the locations specified in paragraph (b)(4) of this
section, all operations are primary in status in the 1427-1429 MHz and
1431.5-1432 MHz bands.
(4) Locations: (i) Pittsburgh, Pennsylvania--Counties of
Westmoreland, Washington, Beaver, Allegheny and Butler;
(ii) Washington, DC metropolitan area--Counties of Montgomery,
Prince George's, Charles, Arlington, Prince William, Fauquier, Loudon,
and Fairfax; Cities of Alexandria, Falls Church, Fairfax, and District
of Columbia;
(iii) Richmond/Norfolk, Virginia--Counties of Charles City,
Chesterfield, Dinwiddie, Goochland, Hanover, Henrico, Isle of Wight,
James City, New Kent, Powhatan, Prince George, Southhampton, Surrey,
Sussex, and York; Cities of Chesapeake, Colonial Heights, Franklin,
Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson,
Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg;
(iv) Austin/Georgetown, Texas--Counties of Williamson and Travis;
(v) Battle Creek, Michigan--County of Calhoun;
(vi) Detroit, Michigan--Counties of Oakland, Wayne, Washtenaw,
Macomb and Livingston;
(vii) Spokane, Washington--Counties of Spokane, WA and Kootenai,
ID.
(5) All operations in the 1429.5-1432 MHz band authorized prior to
April 12, 2002 are on a secondary basis.
(6) For secondary operations only fixed stations are permitted. At
the locations specified in (b)(4) of this section, secondary operations
are performed in the 1429-1431.5 MHz band. For all other locations,
secondary operations are performed in the 1427-1429.5 MHz band. The
maximum power is 1 watt EIRP.
(7) For primary operations base, mobile, operational fixed and
temporary fixed operations are permitted.
(i) At the locations specified in (b)(4) of this section, primary
operations are performed in the 1427-1429 MHz and 1431.5-1432 MHz
bands. The maximum EIRP limitations are as follows:

----------------------------------------------------------------------------------------------------------------
Frequency range (MHz)
Operation -------------------------------------------------------------------------------
1427-1428 MHz 1428-1428.5 1428.5-1429 1431.5-1432
----------------------------------------------------------------------------------------------------------------
Fixed........................... 100 watts......... 10 watts.......... 1 watt............ 1 watt.
Mobile.......................... 1 watt............ 1 watt............ 25 milliwatts..... 25 milliwatts.
Temporary fixed................. 1 watt............ 1 watt............ 1 watt............ 1 watt.
----------------------------------------------------------------------------------------------------------------

(ii) For all other locations, primary operations are performed in
the 1429.5-1432 MHz band. The maximum EIRP limitations are as follows:

----------------------------------------------------------------------------------------------------------------
Frequency range (MHz)
Operation -------------------------------------------------------------------------------
1429.5-1430 1430-1430.5 1430.5-1431.5 1431.5-1432
----------------------------------------------------------------------------------------------------------------
Fixed........................... 1 watt............ 1 watt............ 10 watts.......... 100 watts.
Mobile.......................... 25 milliwatts..... 1 watt............ 1 watt............ 1 watt.
Temporary fixed................. 1 watt............ 1 watt............ 1 watt............ 1 watt.
----------------------------------------------------------------------------------------------------------------

(8) Wide area operations will not be authorized. The area of normal
day-to-day operations will be described in the application in terms of
maximum distance from a geographical center (latitude and longitude).
(9) Assignable frequencies occur in increments of 12.5 kHz from
1427.0125 MHz to 1431.9875 MHz.
(10) Licensees, however, may combine contiguous channels up to 50
kHz, and more than 50 kHz only upon a showing of adequate
justification.
(11) For any operation in the 1427-1432 MHz band, the predicted or
measured field strength--in the WMTS primary band--at the location of
any registered WMTS healthcare facility shall not exceed 150 uV/m. For
the locations specified in (b)(4) of this section, WMTS is primary in
the 1429-1431.5 MHz band. For all other locations, WMTS is primary in
the 1427-1429.5 MHz band.
(c) Authorized uses. (1) Use of these bands is limited to
telemetering purposes.
(2) Base stations authorized in these bands shall be used to
perform telecommand functions with associated mobile telemetering
stations. Base stations may also command actions by the vehicle itself,
but will not be authorized solely to perform this function.
(3) Airborne use is prohibited.

33. Part 95 of title 47 of the Code of Federal Regulations, is
amended to read as follows:

PART 95--PERSONAL RADIO SERVICES

The authority citation for part 95 continues to read as follows:

Authority: Sections 4, 303, 48 Stat. 1066, 1082 as amended; 47
U.S.C. 154, 303.

[[Page 41862]]

34. Section 95.630 is revised to read as follows:

Sec. 95.630 WMTS Transmitter frequencies.

WMTS transmitters may operate in the frequency bands specified as
follows:

608-614 MHz

1395-1400 MHz
1427-1432 MHz

35. Section 95.1113 is amended by adding paragraphs (b)(5) and
(b)(6) to read as follows:

Sec. 95.1113 Frequency coordinator.

* * * * *
(b) * * *
(5) Notify licensees--who are operating in accordance with
Sec. 90.259(b)--of the need to comply with the field strength limit of
Sec. 90.259(b)(11) prior to initial activation of WMTS equipment in the
1427-1432 MHz band.
(6) Notify licensees--who are operating in 1392-1395 MHz band in
accordance with subpart I of part 27--of the need to comply with the
field strength limit of Sec. 27.804 prior to initial activation of WMTS
equipment in the 1395-1400 MHz band.

[FR Doc. 02-15373 Filed 6-19-02; 8:45 am]
BILLING CODE 6712-01-P

/ / /
Arizona Landscaping - Internet Marketing - Loans - Credit Cards

Search

Recent Registers

January 9, 2009
January 8, 2009
January 7, 2009
January 6, 2009
January 5, 2009
January 2, 2009
December 31, 2008
December 30, 2008

Home \| Contact Us \| Links