[Federal Register: September 2, 2003 (Volume 68, Number 169)]
[Proposed Rules]
[Page 52156-52168]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se03-35]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 15, 27, 87, and 97
[ET Docket No. 00-258 and WT Docket No. 02-8; FCC 03-134]
Federal Government 3G Relocation
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to make spectrum available for Federal
Government operations that will be displaced from the band 1710-1850
MHz as a result of making the 1710-1755 MHz segment available to
support the introduction of new non-Federal Government advanced
wireless services (AWS), including third generation wireless (3G)
systems. The implementation of these proposals would substantially
clear the band 1710-1755 MHz of Federal Government operations that
would have otherwise impeded the development of new nationwide AWS
services.
DATES: Written comments are due November 3, 2003, and reply comments
are due December 1, 2003.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
445 12th Street, SW., TW-A325, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and
Technology, (202) 418-2450, TTY (202) 418-2989, e-mail:
Tom.Mooring@fcc.gov.
[[Page 52157]]
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth
Notice of Proposed Rule Making, ET Docket 00-258 and WT Docket No. 02-
8, FCC 03-134, adopted June 13, 2003, and released July 7, 2003. The
full text of this document is 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 complete text of
this document also 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. Alternative formats are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202)
418-7365.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments on or before
November 3, 2003, and reply comments on or before December 1, 2003.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 FR 24121 (May 1, 1998).
Comments filed through the ECFS can be sent as an electronic file via
the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only
one copy of an electronic submission must be filed. If multiple docket
or rulemaking numbers appear in the caption of this proceeding,
however, commenters must transmit one electronic copy of the comments
to each docket or rulemaking number referenced in the caption. In
completing the transmittal screen, commenters should include their full
name, U.S. Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, and should include
the following words in the body of the message, ``get form < 10 m
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)
* * * * * * *
------------------------------------------------------------------------
[[Page 52163]]
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
3. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
4. Amend Sec. 2.106 as follows:
a. Revise pages 48, 50, and 51 of the Table.
b. In the list of United States footnotes, revise footnotes US276
and US346, remove US363, and add footnote USxxx.
c. In the list of non-Federal Government footnotes, remove footnote
NG174.
d. In the list of Federal Government footnotes, revise footnotes
G2, G120, and G122.
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 52164]]
[GRAPHIC] [TIFF OMITTED] TP02SE03.001
[[Page 52165]]
[GRAPHIC] [TIFF OMITTED] TP02SE03.002
[[Page 52166]]
[GRAPHIC] [TIFF OMITTED] TP02SE03.003
[[Page 52167]]
BILLING CODE 6712-01-C
* * * * *
United States (US) Footnotes
* * * * *
US276 Except as otherwise provided for herein, use of the bands
and 2320-2345 MHz and 2360-2395 MHz by the mobile service is limited
to Federal Government aeronautical mobile applications and to non-
Federal Government aeronautical telemetering and associated
telecommand operations for flight testing of aircraft, missiles or
major components thereof. The following four frequencies are shared
on a co-equal basis by Federal and non-Federal Government stations
for telemetering and associated telecommand operations of expendable
and reusable launch vehicles whether or not such operations involve
flight testing: 2332.5 MHz, 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz.
Other Federal Government mobile uses and other non-Federal
Government mobile telemetering uses shall be secondary to the above
uses.
* * * * *
US346 Except as provided for below and by footnote US222,
Federal Government use of the band 2025-2110 MHz by the space
operation service (Earth-to-space), Earth exploration-satellite
service (Earth-to-space), and space research service (Earth-to-
space) shall not constrain the deployment of the Television
Broadcast Auxiliary Service, the Cable Television Relay Service, or
the Local Television Transmission Service. To facilitate compatible
operations between non-Federal Government terrestrial receiving
stations and Federal Government earth station transmitters,
coordination is required. To facilitate compatible operations
between non-Federal Government terrestrial transmitting stations and
Federal Government spacecraft receivers, the terrestrial
transmitters shall not be high-density systems (see Recommendations
ITU-R SA.1154 and ITU-R F.1247). Military satellite control stations
at the following sites shall operate on a co-equal, primary basis
with non-Federal Government operations:
------------------------------------------------------------------------
Facility Coordinates
------------------------------------------------------------------------
Naval Satellite Control Network, Prospect 44[deg] 24'55'' N
Harbor, ME. 068[deg]00'50'' W
New Hampshire Tracking Station, New Boston 42[deg]56'52'' N
AFS, NH. 071[deg]37'37'' W
Eastern Vehicle Check-out Facility & GPS 28[deg]29'10'' N
Ground Antenna Monitoring Station, Cape 080[deg]34'34'' W
Canaveral, FL.
Buckley AFB, CO.............................. 39[deg]42'55'' N
104[deg]46'29'' W
Colorado Tracking Station, Schriever AFB, CO. 38[deg]48'21'' N
104[deg]03'43'' W
Kirtland AFB, NM............................. 35[deg]03'00'' N
106[deg]24'00'' W
Camp Parks Communications Annex, Pleasanton, 37[deg]44'00'' N
CA. 121[deg]52'00'' W
Naval Satellite Control Network, Laguna Peak, 34[deg]06'55'' N
CA. 119[deg]04'50'' W
Vandenberg Tracking Station, Vandenberg AFB, 34[deg]49'24'' N
CA. 120[deg]31'54'' W
Hawaii Tracking Station, Kaena Pt, Oahu, HI.. 21[deg]33'48'' N
158[deg]14'54'' W
Guam Tracking Stations, Anderson AFB, and 13[deg]36'48'' N
Naval CTS, Guam. 144[deg]51'12'' E
------------------------------------------------------------------------
* * * * *
USxxx In the band 2025-2110 MHz, the military services may
operate stations in the fixed and mobile except aeronautical mobile
services on a secondary and coordinated basis at the following
sites:
------------------------------------------------------------------------
Radius of
Site Coordinates operation (km)
------------------------------------------------------------------------
Nellis AFB, NV.................... 36[deg]14' N 80
115[deg]02' W.
China Lake, CA.................... 35[deg]41' N 50
117[deg]41' W.
Ft. Irwin, CA..................... 35[deg]16' N 50
116[deg]41' W.
Pacific Missile Test Range/Pt. 34[deg]07' N 80
Mugu, CA. 119[deg]30' W.
Yuma, AZ.......................... 32[deg]32' N 80
113[deg]58' W.
White Sands Missile Range, NM..... 33[deg]00' N 80
106[deg]30' W.
------------------------------------------------------------------------
* * * * *
Federal Government (G) Footnotes
* * * * *
G2 In the bands 216-225 MHz, 420-450 MHz (except as provided by
US217), 890-902 MHz, 928-942 MHz, 1300-1390 MHz, 2310-2390 MHz,
2417-2450 MHz, 2700-2900 MHz, 5650-5925 MHz, and 9000-9200 MHz, the
Government radiolocation service is limited to the military
services.
* * * * *
G120 Development of airborne primary radars in the band 2360-
2390 MHz with peak transmitter power in excess of 250 watts for use
in the United States is not permitted.
G122 In the bands 2395-2400 MHz, 2402-2417 MHz, and 4940-4990
MHz, Federal Government operations may be authorized on a non-
interference basis to authorized non-Federal Government operations,
but shall not hinder the implementation of any non-Federal
Government operations.
* * * * *
PART 15--RADIO FREQUENCY DEVICES
5. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 554A.
6. Section 15.301 is revised to read as follows:
Sec. 15.301 Scope.
This subpart sets out the regulations for unlicensed personal
communications services (PCS) devices operating in the 1920-1930 MHz
band.
7. Section 15.303 is amended by removing and reserving paragraphs
(a) and (i) and by revising paragraph (g) to read as follows:
Sec. 15.303 Definitions.
* * * * *
(g) Personal Communications Services (PCS) Devices [Unlicensed].
Intentional radiators operating in the frequency band 1920-1930 MHz
that provide a wide array of mobile and ancillary fixed communication
services to individuals and businesses.
* * * * *
8. Section 15.319 is amended by revising paragraph (a) to read as
follows:
Sec. 15.319 General technical requirements.
(a) The 1920-1930 MHz band is limited to use by isochronous devices
under the requirements of Sec. 15.323.
* * * * *
Sec. 15.321 [Removed]
9. Section 15.321 is removed.
[[Page 52168]]
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
10. 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.
Sec. 27.1 [Amended]
11. In Sec. 27.1 remove paragraph (b)(7).
12. Section 27.4 is amended by revising the definition of ``Band
Manager'' to read as follows:
Sec. 27.4 Terms and definitions.
* * * * *
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, and 1670-1675 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.
* * * * *
Sec. 27.5 [Amended]
13. In Sec. 27.5 remove paragraph (g).
Sec. 27.6 [Amended]
14. In Sec. 27.6 remove paragraph (g).
Sec. 27.11 [Amended]
15. In Sec. 27.11 remove paragraph (h).
16. Section 27.12 is amended by revising paragraph (b) introductory
text to read as follows.
Sec. 27.12 Eligibility.
* * * * *
(b) Band Manager licenses. For the 1392-1395 MHz and 1670-1675 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,
provided however, that the following rules do not apply to Band
Managers:
* * * * *
Sec. 27.13 [Amended]
17. In Sec. 27.13 remove paragraph (f).
Sec. 27.50 [Amended]
18. In Sec. 27.50 remove paragraph (f), and redesignate paragraph
(g) as paragraph (f).
Sec. 27.53 [Amended]
19. Section 27.53 is amended by removing paragraph (j) and by
redesignating paragraph (k) as paragraph (j).
Subpart K [Removed]
20. Subpart K is removed.
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.
Sec. 87.173 [Amended]
22. Section 87.173 is amended by revising the entry ``2310-2390
MHz'' to read ``2310-2395 MHz'' in paragraph (b).
23. Section 87.303 is amended by revising paragraph (d)(1) to read
as follows:
Sec. 87.303 Frequencies.
* * * * *
(d)(1) Frequencies in the bands 1435-1525 MHz and 2360-2395 MHz are
assigned primarily for telemetry and telecommand operations associated
with the flight testing of aircraft and missiles, or their major
components. The bands 1525-1535 MHz and 2310-2360 MHz are also
available for these purposes on a secondary basis. Permissible uses of
these bands include telemetry and telecommand transmissions associated
with the launching and reentry into the Earth's atmosphere, as well as
any incidental orbiting prior to reentry, of manned or unmanned objects
undergoing flight tests. In the band 1435-1530 MHz, the following
frequencies are shared with flight telemetry mobile stations: 1444.5,
1453.5, 1501.5, 1515.5, 1524.5, and 1525.5 MHz. In the band 2360-2390
MHz, the following frequencies may be assigned on a co-equal basis for
telemetry and associated telecommand operations in fully operational or
expendable and re-usable launch vehicles, whether or not such
operations involve flight testing: 2364.5, 2370.5 and 2382.5 MHz. In
the band 2360-2395 MHz, all other mobile telemetry uses are secondary
to the above stated launch vehicle uses.
* * * * *
PART 97--AMATEUR RADIO SERVICE
24. The authority citation for part 97 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended: 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
25. Section 97.303 is amended by revising paragraph (j)(2)(iii) to
read as follows:
Sec. 97.303 Frequency sharing requirements.
* * * * *
(j) * * *
(2) * * *
(iii) The 2390-2417 MHz segment is allocated to the amateur service
on a primary basis.
(A) The 2390-2395 MHz segment is shared with Federal and non-
Federal Government mobile services on a co-equal basis. See 47 CFR
2.106, footnote US276.
(B) Amateur stations operating in the 2400-2417 MHz segment must
accept harmful interference that may be caused by industrial,
scientific and medical equipment.
* * * * *
[FR Doc. 03-22200 Filed 8-29-03; 8:45 am]
BILLING CODE 6712-01-P