[Federal Register: February 6, 2004 (Volume 69, Number 25)]
[Rules and Regulations]
[Page 5711-5718]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe04-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[WT Docket No. 02-353; FCC 03-251]
Service Rules for Advanced Wireless Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Commission adopts service rules for
Advanced Wireless Services in the 1710-1755 MHZ and 2110-2155 MHz
bands, including provisions for application, licensing, operating and
technical rules, and for competitive bidding. The Commission takes this
action to facilitate the provision of new services to the public, and
to encourage optimum use of these frequencies.
DATES: Effective April 6, 2004.
FOR FURTHER INFORMATION CONTACT: John Spencer or Eli Johnson,
Attorneys, Policy Division, Wireless Telecommunications Bureau, at 202-
418-1310.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in WT Docket No. 02-353, FCC 03-251, adopted on October 16,
2003 and released on November 25, 2003. The complete text of the Report
and Order is available on the Commission's Internet site, at http://www.fcc.gov.
It is also available for inspection and copying during
normal business hours in the FCC Reference Information Center,
Courtyard Level, 445 12th Street, SW., Washington, DC, and may be
purchased from the Commission's copy contractor, Qualex International,
Portals II, 445 12th Street, SW., CY-B4202, Washington, DC 20554,
telephone 202-863-2893, facsimilie 202-0863-2898, or via e-mail
qualexint@aol.com.
I. Overview
1. The Report and Order adopts licensing, technical, and
competitive bidding rules to govern the use of the spectrum at 1710-
1755 and 2110-2155 MHz, which had previously been allocated for
advanced wireless services, in a manner that will enable service
providers to put this spectrum to use for any purpose consistent with
its allocation. Specifically, the Report and Order decides the
following issues. The flexible use of this spectrum is in the public
interest and any use of this spectrum that is consistent with the
spectrum's fixed and mobile allocation is permitted. The spectrum will
be licensed under the Commission's flexible, market-oriented part 27
rules, as those rules are modified to reflect the particular
characteristics of this spectrum. The licenses will be assigned through
competitive bidding. Licenses will be issued using a geographic area
licensing approach, with a mixture of licensing areas to provide for a
variety of needs, including both large service providers and small and
rural service providers. Spectrum blocks will be composed of different
bandwidths to satisfy a variety of needs.
2. Applicants and licensees must report the regulatory status of
their service offerings. There will be no ownership restrictions other
than those contained in section 310 and no spectrum aggregation limits
or eligibility restrictions. The initial license term will be 15 years
with 10 year renewal terms.
[[Page 5712]]
Licensees will be subject to the substantial service requirement of 47
CFR 27.14. No interim performance requirements are imposed.
Disaggregation and partitioning will be permitted. Other rules of
general applicability may apply to licensees in these bands (i.e., the
ULS rules in part 1, the CMRS rules in part 20, EEO rules and 911
rules).
3. Mobile transmissions will be allowed in the 1710-1755 MHz block
and base transmissions in the 2110-2155 MHz block. The Order
establishes in-band and out-of-band interference criteria, rules to
avoid interference with grandfathered Government operations, and,
radiofrequency standards and coordination requirements along the
Canadian and Mexican borders.
4. Licenses will be assigned through use of part 1 competitive
bidding rules. There will be bidding credits of 15% for small
businesses and 25% for very small businesses.
II. Final Regulatory Flexibility Analysis
5. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Service Rules for Advanced Wireless Services in the
1.7 and 2.1 GHz Bands Notice of Proposed Rulemaking (NPRM), 67 FR
78209, (December 23, 2002) . The Commission sought written public
comment on the proposals in the NPRM, including comment on the IRFA.
This present Final Regulatory Flexibility Analysis (FRFA) conforms to
the RFA.
A. Need for, and Objectives of, Adopted Rules
6. In the Report and Order, we adopt service rules for Advanced
Wireless Services (AWS) in the 1710-1755 MHz and 2110-2155 MHz bands,
including provisions for application, licensing, operating and
technical rules, and for competitive bidding. Licensees in these bands
will have the flexibility to provide any fixed or mobile service that
is consistent with the allocations for this spectrum. We will license
this spectrum under our market-oriented part 27 rules and, in order to
accommodate differing needs, our band plan includes both localized and
regional geographic service areas and symmetrically paired spectrum
blocks with the pairings being composed of different bandwidths. Our
licensing plan will allow the marketplace rather than the Commission to
ultimately determine what services are offered in this spectrum and
what technologies are utilized to provide these services. The licensing
framework that we adopt for these bands will ensure that this spectrum
is efficiently utilized and will foster the development of new and
innovative technologies and services, as well as encourage the growth
and development of broadband services.
7. Our actions bring us closer to our goals of achieving the
universal availability of broadband access and increasing competition
in the provision of such broadband services both in terms of the types
of services offered and in the technologies utilized to provide those
services. The widespread deployment of broadband will bring new
services to consumers, stimulate economic activity, improve national
productivity, and advance many other objectives--such as improving
education, and advancing economic opportunity for more Americans. By
encouraging the growth and development of broadband, our actions today
also foster the development of facilities-based competition. We achieve
these objectives by taking a market-oriented approach to licensing this
spectrum that provides greater certainty, minimal regulatory
intervention, and leads to greater benefits to consumers.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
8. We received no comments directly in response to the IRFA in this
proceeding. We did, however, consider the potential impact of our rules
on smaller entities. For example, we have adopted a building block
approach to the licensing of this spectrum, including some smaller
geographic licensing areas and some smaller spectrum block sizes. We
have also provided for partitioning and disaggregation of licenses and
we have adopted spectrum leasing policies. Finally, we have adopted 15
percent and 25 percent ``bidding credits'' for small and very small
businesses, respectively. These policies should provide increased
opportunities for small entities to acquire the appropriate amount of
spectrum for their particular needs.
C. Description and Estimate of the Number of Small Entities to Which
the Adopted Rules Will Apply
9. 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 generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small government
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business is one which: (i) Is independently owned and
operated; (ii) is not dominant in its field of operation; and (iii)
satisfies any additional criteria established by the SBA. Nationwide,
there are approximately 22.4 million small businesses, total, according
to the SBA data.
10. A small organization is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.'' Nationwide, as of 1992, there were
approximately 275,801 small organizations. Last, the definition of
``small governmental jurisdiction'' is one with populations of fewer
than 50,000. The term ``small governmental jurisdiction'' is defined as
``governments of cities, towns, townships, villages, school districts,
or special districts, with a population of less than fifty thousand.''
As of 1997, there were about 87,453 governmental jurisdictions in the
United States. This number includes 39,044 county governments,
municipalities, and townships, of which 37,546 (approximately 96.2%)
have populations of fewer than 50,000, and of which 1,498 have
populations of 50,000 or more. Thus we estimate the number of small
governmental jurisdictions overall to be 84,098 or fewer.
11. The rules adopted in the Order affect applicants who wish to
provide service in the 1710-1755 MHz and 2110-2155 MHz bands. As
discussed in the Order, we do not know precisely the type of service
that a licensee in these bands might seek to provide. Nonetheless, we
anticipate that the services that will be deployed in these bands may
have capital requirements comparable to those in the broadband Personal
Communications Service (PCS), and that the licensees in these bands
will be presented with issues and costs similar to those presented to
broadband PCS licensees. Further, at the time the broadband PCS service
was established, it was similarly anticipated that it would facilitate
the introduction of a new generation of service. Therefore, the Order
adopts the same small business size standards here that the Commission
adopted for the broadband PCS service. In particular, the Order defines
a ``small business'' as an entity with average annual gross revenues
for the preceding three years not exceeding $40 million, and a ``very
small business'' as an entity with average annual gross revenues for
the preceding three years not exceeding $15 million. The Order also
provides small businesses with a bidding credit of 15 percent and very
small businesses with a bidding credit of 25 percent.
[[Page 5713]]
12. We do not yet know how many applicants or licensees in these
bands will be small entities. Thus, the Commission assumes, for
purposes of this FRFA, that all prospective licensees are small
entities as that term is defined by the SBA or by our two special small
business size standards for these bands. Although we do not know for
certain which entities are likely to apply for these frequencies, we
note that the 1710-1755 MHz and 2110-2155 MHz bands are comparable to
those used for cellular service and personal communications service.
13. Wireless Telephony Including Cellular, Personal Communications
Service (PCS) and SMR Telephony Carriers. The SBA has developed a small
business size standard for wireless small businesses within the two
separate categories of Paging and Cellular and Other Wireless
Telecommunications. Under both SBA categories, a wireless business is
small if it has 1,500 or fewer employees. According to the Commission's
most recent data, 1,387 companies reported that they were engaged in
the provision of wireless service. Of these 1,387 companies, an
estimated 945 have 1,500 or fewer employees and 442 have more than
1,500 employees. Consequently, the Commission estimates that most
wireless service providers are small entities that may be affected by
the rules and policies adopted herein.
Description of Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
14. Applicants for AWS licenses in the 1710-1755 MHz and the 2110-
2155 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 Form 601, FCC Ownership Disclosure Information for the
Wireless Telecommunications Services using FCC Form 602, and other
appropriate forms.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
15. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its adopted approach,
which may include the following four alternatives (among others): (i)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (ii) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(iii) the use of performance, rather than design, standards; and (iv)
an exemption from coverage of the rule, or any part thereof, for small
entities.
16. We have taken significant steps to reduce burdens on small
entities wherever possible. To provide opportunities for small entities
to participate in any auction that is held, we provide bidding credits
for small businesses and very small businesses as defined in Section C
of this FRFA. The bidding credits adopted are 15 percent for small
businesses and 25 percent for very small businesses. We have found that
the use of tiered or graduated small business size standards is useful
in furthering our mandate under section 309(j) of the Communications
Act to promote opportunities for, and disseminate licenses to, a wide
variety of applicants.
17. Regarding our decision to apply our part 27 rules to this
spectrum, 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 these services. An
alternative to this decision would have been to determine specific
allowable service 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 approach would benefit small entities more than
the flexible licensing approach we have decided upon today.
18. Regarding our decision to license this spectrum by geographic
area, we anticipate that on balance small entities will benefit from
this licensing approach. Geographic licensing in these bands supports
the Commission's overall spectrum management goals in that it allows
licensees to quickly respond to market demand. Small entities that
acquire spectrum that is 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 or
large regional basis. Consequently, we have decided to include
licensing areas based on MSAs and RSAs. As RCA observes, MSAs and RSAs
permit entities who are only interested in serving rural areas to
acquire spectrum licenses for these areas alone and avoid acquiring
spectrum licenses with high population densities that make purchase of
license rights too expensive for these types of entities. These types
of service providers could acquire an RSA and create a new service area
or they could expand an existing service territory or supplement the
spectrum they are licensed to operate in by adding an RSA. They could
also combine a few MSAs and RSAs to create a larger but localized
service territory. MSAs and RSAs allow entities to mix and match rural
and urban areas according to their business plans. By being smaller,
these types of geographic service areas provide entry opportunities for
smaller carriers, new entrants, and rural telephone companies. Their
inclusion in our band plan will foster service to rural areas and
tribal lands and thereby bring the benefits of advanced services to
these areas. An alternative to our decision to use geographic areas for
licensing would have been to employ a site-by-site licensing approach.
Site-by-site licensing, however, would be an inefficient licensing
method due to a greater strain on Commission resources and less
flexibility afforded to licensees.
19. We have also made the decision to license the spectrum in
different bandwidths. We do not believe this will disadvantage small
entities. In fact, we have decided that the RSA/MSA license areas will
be licensed as paired spectrum at 1735-1740 and 2135-2140 for a total
of 734 licenses, thus providing the opportunity for entities to obtain
a license encompassing as little as 10 megahertz of spectrum. Other
spectrum will be licensed in pairs of 10 and 15 MHz blocks, providing
flexibility to licensees in constructing their systems. Our approach
provides maximum flexibility for both small and large entities to offer
a wide range of communications services.
20. We have also decided to permit the disaggregation and
partitioning of these spectrum blocks. Licensees will thus be able to
increase or decrease the size of their service areas to better meet
market demands. Allowing licensees to partition and/or 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 and disaggregation;
we believe that such an approach could foreclose options for small
entities.
21. In addition, we have decided that this spectrum will also be
subject to the
[[Page 5714]]
rules recently adopted in the Secondary Markets Report and Order. In
that Order, we took action to remove unnecessary regulatory barriers to
the development of secondary markets. The Order established new
policies and procedures that enable most wireless licensees, including
part 27 licensees, to lease some or all of their spectrum usage rights
to third-party spectrum lessees. Application of the new secondary
market rules to this spectrum should help ensure that small businesses
and rural carriers can acquire spectrum to meet their business needs by
allowing more entities access to the AWS spectrum and permit the
marketplace, rather than the Commission, to decide what use is made of
this spectrum.
22. We believe our objectives of ensuring both efficient use of
spectrum and diversity of licensees can best be achieved by adopting a
variety of license areas and spectrum block sizes, and ensuring the
ability of licensees to partition and disaggregate their licenses and
fully participate in the secondary markets. By adopting some smaller
geographic licensing areas and some smaller spectrum block sizes, we
believe we will encourage participation by smaller and rural entities,
without the necessity of adopting set-asides and eligibility
restrictions, because such licenses will be less expensive and should
more closely mirror such bidders' needs. We believe that these same
factors support our decision to decline to adopt other suggested
alternatives, such as spectrum aggregation limits, in this band.
23. Finally, regarding our decision to require a showing of
``substantial service'' at license renewal time, 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 best to
implement their business plans based on actual service to end users.
Report to Congress
24. The Commission will send a copy of the Order, including this
FRFA, in a report to be sent to Congress pursuant to the Congressional
Review Act. In addition, the Commission will send a copy of the Order,
including the FRFA, to the Chief Counsel for Advocacy of the Small
Business Administration.
III. Ordering Clauses
25. Pursuant to 5 U.S.C. 553(d), the rules adopted herein shall
become effective April 6, 2004.
26. It is further ordered that part 27 of the Commission's rules
shall become effective April 6, 2004. Information collections contained
in these rules will be effective upon OMB approval.
27. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 27
Communications common carriers, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 27 as follows:
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
1. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and
337 unless otherwise noted.
0
2. Section 27.1 is amended by adding a paragraph (b)(8) to read as
follows:
Sec. 27.1 Basis and purpose.
* * * * *
(b) * * *
(8) 1710-1755 MHz and 2110-2155 MHz.
* * * * *
0
3. Section 27.3 is amended by redesignating paragraphs (m) through (p)
as paragraphs (n) through (q), and by adding new paragraph (m) to read
as follows:
Sec. 27.3 Other applicable rule parts.
* * * * *
(m) Part 64. This part sets forth the requirements and conditions
applicable to telecommunications carriers under the Communications
Assistance for Law Enforcement Act.
* * * * *
0
4. Section 27.4 is amended by adding the following in alphabetical
order to read as follows:
Sec. 27.4 Terms and definitions.
Advanced wireless service (AWS). A radiocommunication service
licensed pursuant to this part for the frequency bands specified in
Sec. 27.5(h).
* * * * *
0
5. Section 27.5 is amended by adding a new paragraph (h) to read as
follows:
Sec. 27.5 Frequencies.
* * * * *
(h) 1710-1755 MHz and 2110-2155 MHz bands. The following
frequencies are available for licensing pursuant to this part in the
1710-1755 MHz and 2110-2155 MHz bands:
(1) Two paired channel blocks of 10 megahertz each are available
for assignment as follows:
Block A: 1710-1720 MHz and 2110-2120 MHz; and
Block B: 1720-1730 MHz and 2120-2130 MHz.
(2) Two paired channel blocks of 5 megahertz each are available for
assignment as follows:
Block C: 1730-1735 MHz and 2130-2135 MHz; and
Block D: 1735-1740 MHz and 2135-2140 MHz.
(3) One paired channel block of 15 megahertz each is available for
assignment as follows:
Block E: 1740-1755 MHz and 2140-2155 MHz.
0
6. Section 27.6 is amended by adding a new paragraph (h) to read as
follows:
Sec. 27.6 Service areas.
* * * * *
(h) 1710-1755 and 2110-2155 MHz bands. AWS service areas for the
1710-1755 MHz and 2110-2155 MHz bands are as follows:
(1) Service areas for Block A (1710-1720 MHz and 2110-2120 MHz) are
based on Economic Areas (EAs) as defined in paragraph (a) of this
section.
(2) Service areas for Blocks B (1720-1730 MHz and 2120-2130 MHz), C
(1730-1735 MHz and 2130-2135 MHz), and E (1740-1755 MHz and 2140-2155
MHz) are based on Regional Economic Area Groupings (REAGs) as defined
by paragraph (a) of this section.
(3) Service areas for Block D (1735-1740 MHz and 2135-2140 MHz) are
based on cellular markets comprising Metropolitan Statistical Areas
(MSAs) and Rural Service Areas (RSAs) as defined by Public Notice
Report No. CL-92-40 ``Common Carrier Public Mobile Services
Information, Cellular MSA/RSA Markets and Counties,'' dated January 24,
1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following
modifications:
(i) The service areas of cellular markets that border the U.S.
coastline of the Gulf of Mexico extend 12 nautical miles from the U.S.
Gulf coastline.
[[Page 5715]]
(ii) The service area of cellular market 306 that comprises the
water area of the Gulf of Mexico extends from 12 nautical miles off the
U.S. Gulf coast outward into the Gulf.
0
7. Section 27.11 is amended by adding a new paragraph (i) to read as
follows:
Sec. 27.11 Initial authorization.
* * * * *
(i) 1710-1755 MHz and 2110-2155 MHz bands. Initial authorizations
for the 1710-1755 MHz and 2110-2155 MHz bands shall be for 5, 10 or 15
megahertz of spectrum in each band in accordance with Sec. 27.5(h) of
this part.
(1) Authorizations for Block A, consisting of two paired channels
of 10 megahertz each, will be based on those geographic areas specified
in Sec. 27.6(h)(1).
(2) Authorizations for Block B, consisting of two paired channels
of 10 megahertz each, will be based on those geographic areas specified
in Sec. 27.6(h)(2).
(3) Authorizations for Block C, consisting of two paired channels
of 5 megahertz each, will be based on those geographic areas specified
in Sec. 27.6(h)(2).
(4) Authorizations for Block D, consisting of two paired channels
of 5 megahertz each, will be based on those geographic areas specified
in Sec. 27.6(h)(3).
(5) Authorizations for Block E, consisting of two paired channels
of 15 megahertz each, will be based on those geographic areas specified
in Sec. 27.6(h)(2).
0
8. Section 27.13 is amended by adding a new paragraph (g) to read as
follows:
Sec. 27.13 License period.
* * * * *
(g) 1710-1755 MHz and 2110-2155 MHz bands. Authorizations for the
1710-1755 MHz and 2110-2155 MHz bands will have a term not to exceed
ten years from the date of initial issuance or renewal, except that
authorizations issued on or before December 31, 2009, shall have a term
of fifteen years.
0
9. Section 27.14 is amended by revising paragraph (a) to read as
follows:
Sec. 27.14 Construction requirements; Criteria for comparative
renewal proceedings.
(a) AWS and WCS licensees must make a showing of ``substantial
service'' in their license area within the prescribed license term set
forth in Sec. 27.13. ``Substantial'' service is defined as service
which is sound, favorable, and substantially above a level of mediocre
service which just might minimally warrant renewal. Failure by any
licensee to meet this requirement will result in forfeiture of the
license and the licensee will be ineligible to regain it.
* * * * *
0
10. Section 27.15 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 27.15 Geographic partitioning and spectrum disaggregation.
(a) * * *
(2) AWS and WCS licensees may apply to partition their licensed
geographic service area or disaggregate their licensed spectrum at any
time following the grant of their licenses.
* * * * *
0
11. Section 27.50 is amended by redesignating paragraphs (d) through
(g) as paragraphs (e) through (h) and adding a new paragraph (d) to
read as follows:
Sec. 27.50 Power and antenna height limits.
* * * * *
(d) The following power and antenna height requirements apply to
stations transmitting in the 1710-1755 MHz and 2110-2155 MHz bands:
(1) Fixed and base stations transmitting in the 2110-2155 MHz band
are limited to a peak effective isotropic radiated power (EIRP) of 1640
watts and a peak output power of 100 watts.
(2) Fixed, mobile, and portable (hand-held) stations operating in
the 1710-1755 MHz band are limited to a peak EIRP of 1 watt. Fixed
stations operating in this band are limited to a maximum antenna height
of 10 meters above ground, and mobile and portable stations must employ
a means for limiting power to the minimum necessary for successful
communications.
* * * * *
0
12. Section 27.53 is amended by redesignating paragraphs (g), (h), (i),
(j), and (k) as paragraphs (h), (i), (j), (k), and (l), and adding a
new paragraph (g) to read as follows:
Sec. 27.53 Emission limits.
* * * * *
(g) For operations in the 1710-1755 MHz and 2110-2155 MHz bands,
the power of any emission outside a licensee's frequency block shall be
attenuated below the transmitter power (P) by at least 43 + 10
log10 (P) dB.
(1) Compliance with this provision is based on the use of
measurement instrumentation employing a resolution bandwidth of 1
megahertz or greater. However, in the 1 megahertz bands immediately
outside and adjacent to the licensee's frequency block, a resolution
bandwidth of at least one percent of the emission bandwidth of the
fundamental emission of the transmitter may be employed. The emission
bandwidth is defined as the width of the signal between two points, one
below the carrier center frequency and one above the carrier center
frequency, outside of which all emissions are attenuated at least 26 dB
below the transmitter power.
(2) When measuring the emission limits, the nominal carrier
frequency shall be adjusted as close to the licensee's frequency block
edges, both upper and lower, as the design permits.
(3) The measurements of emission power can be expressed in peak or
average values, provided they are expressed in the same parameters as
the transmitter power.
* * * * *
0
13. Section 27.55 is revised to read as follows:
Sec. 27.55 Signal strength limits.
(a) Field strength limits. For the following bands, the predicted
or measured median field strength at any location on the geographical
border of a licensee's service area shall not exceed the value
specified unless the adjacent affected service area licensee(s)
agree(s) to a different field strength. This value applies to both the
initially offered service areas and to partitioned service areas.
(1) 2110-2155, 2305-2320 and 2345-2360 MHz bands: 47 dB[mu] V/m.
(2) 698-764 and 776-794 MHz bands: 40 dB[mu] V/m.
(3) The paired 1392-1395 MHz and 1432-1435 MHz bands and the
unpaired 1390-1392 MHz band (1.4 GHz band): 47 dB[mu]V/m.
(b) Power flux density limit. For base and fixed stations operating
in the 698-746 MHz band, with an effective radiated power (ERP) greater
than 1 kW, the power flux density that would be produced by such
stations through a combination of antenna height and vertical gain
pattern must not exceed 3000 microwatts per square meter on the ground
over the area extending to 1 km from the base of the antenna mounting
structure.
0
14. Section 27.57 is amended by adding a new paragraph (c) to read as
follows:
Sec. 27.57 International coordination.
* * * * *
(c) Operation in the 1710-1755 MHz and 2110-2155 MHz bands is
subject to international agreements with Mexico and Canada.
0
15. Section 27.63 is revised to read as follows:
[[Page 5716]]
Sec. 27.63 Disturbance of AM broadcast station antenna patterns.
AWS and WCS licensees that construct or modify towers in the
immediate vicinity of AM broadcast stations are responsible for
measures necessary to correct disturbance of the AM station antenna
pattern which causes operation outside of the radiation parameters
specified by the FCC for the AM station, if the disturbance occurred as
a result of such construction or modification.
(a) Non-directional AM stations. If tower construction or
modification is planned within 1 kilometer (0.6 mile) of a non-
directional AM broadcast station tower, the AWS or WCS licensee must
notify the licensee of the AM broadcast station in advance of the
planned construction or modification. Measurements must be made to
determine whether the construction or modification would affect the AM
station antenna pattern. The AWS or WCS licensee is responsible for the
installation and continued maintenance of any detuning apparatus
necessary to restore proper non-directional performance of the AM
station tower.
(b) Directional AM stations. If tower construction or modification
is planned within 3 kilometers (1.9 miles) of a directional AM
broadcast station array, the AWS or WCS licensee must notify the
licensee of the AM broadcast station in advance of the planned
construction or modification. Measurements must be made to determine
whether the construction or modification would affect the AM station
antenna pattern. The AWS or WCS licensee is responsible for the
installation and continued maintenance of any detuning apparatus
necessary to restore proper performance of the AM station array.
0
16. A new subpart L is added to read as follows:
Subpart L--1710-1755 MHz and 2110-2155 MHz Bands
Licensing and Competitive Bidding Provisions
27.1101 1710-1755 MHz and 2110-2155 MHz bands subject to competitive
bidding.
27.1102 Designated entities.
Relocation of Incumbents
27.1111 Relocation of fixed microwave service licensees in the 2110-
2150 MHz band.
Protection of Incumbent Operations
27.1131 Protection of Part 101 operations.
27.1132 Protection of Part 21 operations.
27.1133 Protection of Part 74 and Part 78 operations.
27.1134 Protection of Federal Government operations.
27.1135 Protection of non-Federal Government Meteorological-
Satellite operations.
Subpart L--1710-1755 MHz and 2110-2155 MHz Bands
Licensing and Competitive Bidding Provisions
Sec. 27.1101 1710-1755 MHz and 2110-2155 MHz bands subject to
competitive bidding.
Mutually exclusive initial applications for 1710-1755 MHz and 2110-
2155 MHz band licenses are subject to competitive bidding. The general
competitive bidding procedures set forth in 47 CFR part 1, subpart Q
will apply unless otherwise provided in this subpart.
Sec. 27.1102 Designated entities.
(a) Eligibility for small business provisions. (1) A small business
is an entity that, together with its affiliates, its controlling
interests and the affiliates of its controlling interests, has average
gross revenues that are not more than $40 million for the preceding
three years.
(2) A very small business is an entity that, together with its
affiliates, its controlling interests and the affiliates of its
controlling interests, has average gross revenues that are not more
than $15 million for the preceding three years.
(b) Bidding credits. (1) A winning bidder that qualifies as a small
business, as defined in this section, or a consortium of small
businesses may use a bidding credit of 15 percent, as specified in
Sec. 1.2110(f)(2)(iii) of this chapter, to lower the cost of its
winning bid on any of the licenses in this part.
(2) A winning bidder that qualifies as a very small business, as
defined in this section, or a consortium of very small businesses may
use a bidding credit of 25 percent, as specified in Sec.
1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid
on any of the licenses in this part.
Relocation of Incumbents
Sec. 27.1111 Relocation of fixed microwave service licensees in the
2110-2150 MHz band.
Part 101, subpart B of this chapter contains provisions governing
the relocation of incumbent fixed microwave service licensees in the
2110-2150 MHz band.
Protection of Incumbent Operations
Sec. 27.1131 Protection of Part 101 operations.
All AWS licensees, prior to initiating operations from any base or
fixed station, must coordinate their frequency usage with co-channel
and adjacent channel incumbent, Part 101 fixed-point-to-point microwave
licensees operating in the 2110-2155 MHz band. Coordination shall be
conducted in accordance with the provisions of Sec. 24.237 of this
chapter.
Sec. 27.1132 Protection of Part 21 operations.
All AWS licensees, prior to initiating operations from any base or
fixed station, must coordinate their frequency usage with co-channel
and adjacent channel incumbent Part 21 MDS licensees operating in the
2150-2155 MHz band. In the event that AWS and MDS licensees cannot
reach agreement in coordinating their facilities, either licensee may
seek the assistance of the Commission, and the Commission may then, at
its discretion, impose requirements on either or both parties.
Sec. 27.1133 Protection of Part 74 and Part 78 operations.
AWS operators must protect previously licensed Broadcast Auxiliary
Service (BAS) or Cable Television Radio Service (CARS) operations in
the adjacent 2025-2110 MHz band. In satisfying this requirement AWS
licensees must, before constructing and operating any base or fixed
station, determine the location and licensee of all BAS or CARS
stations authorized in their area of operation, and coordinate their
planned stations with those licensees. In the event that mutually
satisfactory coordination agreements cannot be reached, licensees may
seek the assistance of the Commission, and the Commission may, at its
discretion, impose requirements on one or both parties.
Sec. 27.1134 Protection of Federal Government operations.
(a) Protection of Department of Defense operations in the 1710-1755
MHz band. The Department of Defense (DoD) operates communications
systems in the 1710-1755 MHz band at 16 protected facilities,
nationwide. AWS licensees must accept any interference received from
these facilities and must protect the facilities from interference. AWS
licensees shall protect the facilities from interference by restricting
the operation of their base and fixed stations from any locations that
could potentially permit AWS mobile, fixed, and portable stations
transmitting in the 1710-1755 MHz band to cause interference to
government operations within the radii of operation of the 16
facilities (the radii of operation of each facility is indicated in the
third column of Table 1 immediately following paragraph (a)(3) of this
section). In
[[Page 5717]]
addition, AWS licensees shall be required to coordinate any operations
that could permit mobile, fixed, and portable stations to operate in
the specified areas of the 16 facilities, as defined in paragraph
(a)(3) of this section. Protection of these facilities in this manner
shall take place under the following conditions:
(1) At the Yuma, Arizona and Cherry Point, North Carolina
facilities, all operations shall be protected indefinitely.
(2) At the remaining 14 facilities, airborne and military test
range operations shall be protected until such time as these systems
are relocated to other spectrum, and precision guided munitions (PGM)
operations shall be protected until such time as these systems are
relocated to other spectrum or until PGM inventory at each facility is
exhausted, whichever occurs first.
(3) AWS licensees whose transmit operations in the 1710-1755 MHz
band consist of fixed or mobile operations with nominal transmit EIRP
values of 100 mW or less and antenna heights of 1.6 meters above ground
or less shall coordinate their services around the 16 sites at the
distance specified in row a. of Table 2. AWS licensees whose transmit
operations in the 1710-1755 MHz band consist of fixed or mobile
operations with nominal transmit EIRP values of 1 W or less and antenna
heights of 10 meters above ground or less shall coordinate their
services around the 16 sites at the distance specified in row b. of
Table 2. These coordination distances shall be measured from the edge
of the operational distances indicated in the third column of Table 1,
and coordination with each affected DoD facility shall be accomplished
through the Commander of the facility.
Table 1.--Protected Department of Defense Facilities
------------------------------------------------------------------------
Radius of
Location Coordinates operation
------------------------------------------------------------------------
Cherry Point, NC............. 34[deg]58' N 076[deg]56' W 100
Yuma, AZ..................... 32[deg]32' N 113[deg]58' W 120
China Lake, CA............... 35[deg]41' N 117[deg]41' W 120
Eglin AFB, FL................ 30[deg]29' N 086[deg]31' W 120
Pacific Missile Test Range/ 34[deg]07' N 119[deg]30' W 80
Point Mugu, CA.
Nellis AFB, NV............... 36[deg]14' N 115[deg]02' W 160
Hill AFB, UT................. 41[deg]07' N 111[deg]58' W 160
Patuxent River, MD........... 38[deg]17' N 076[deg]25' W 80
White Sands Missile Range, NM 33[deg]00' N 106[deg]30' W 80
Fort Irwin, CA............... 35[deg]16' N 116[deg]41' W 50
Fort Rucker, AL.............. 31[deg]13' N 085[deg]49' W 50
Fort Bragg, NC............... 35[deg]09' N 079[deg]01' W 50
Fort Campbell, KY............ 36[deg]41' N 087[deg]28' W 50
Fort Lewis, WA............... 47[deg]05' N 122[deg]36' W 50
Fort Benning, GA............. 32[deg]22' N 084[deg]56' W 50
Fort Stewart, GA............. 31[deg]52' N 081[deg]37' W 50
------------------------------------------------------------------------
Table 2.--Coordination Distances for the Protected Department Of Defense
Facilities
------------------------------------------------------------------------
Coordination
1710-1755 MHz transmit operations distance (km)
------------------------------------------------------------------------
a. EIRP <=100 mW, antenna height <=1.6 m AG............ 35
b. EIRP <=1 W, antenna height <=10 m AG................ 55
------------------------------------------------------------------------
(b) Protection of non-DoD operations in the 1710-1755 MHz and 1755-
1761 MHz bands. Until such time as non-DoD systems operating in the
1710-1755 MHz and 1755-1761 MHz bands are relocated to other spectrum,
AWS licensees shall protect such systems by satisfying the appropriate
provisions of TIA Telecommunications Systems Bulletin 10-F,
``Interference Criteria for Microwave Systems,'' May, 1994 (TSB 10-F).
(c) Protection of Federal Government operations below 1710 MHz. AWS
licensees operating fixed stations in the 1710-1755 MHz band, if
notified that such stations are causing interference to radiosonde
receivers operating in the Meteorological Aids Service in the 1675-1700
MHz band or a meteorological-satellite earth receiver operating in the
Meteorological-Satellite Service in the 1675-1710 MHz band, shall be
required to modify the stations' location and/or technical parameters
as necessary to eliminate the interference.
(d) Recognition of NASA Goldstone facility operations in the 2110-
2120 MHz band. The National Aeronautics and Space Administration (NASA)
operates the Deep Space Network (DSN) in the 2110-2120 MHz band at
Goldstone, California (see Table 3). NASA will continue its operations
of high power transmitters (nominal EIRP of 105.5 dBW with EIRP up to
119.5 dBW used under emergency conditions) in this band at this
location. AWS licensees must accept any interference received from the
Goldstone DSN facility in this band.
Table 3.--Location of the NASA Goldstone Deep Space Facility
----------------------------------------------------------------------------------------------------------------
Maximum transmitter output
Location Coordinates power
----------------------------------------------------------------------------------------------------------------
Goldstone, California................... 35[deg]18' N 116[deg]54' W 500 kW
----------------------------------------------------------------------------------------------------------------
[[Page 5718]]
Sec. 27.1135 Protection of non-Federal Government Meteorological-
Satellite operations.
AWS licensees operating fixed stations in the 1710-1755 MHz band,
if notified that such stations are causing interference to
meteorological-satellite earth receivers operating in the
Meteorological-Satellite Service in the 1675-1710 MHz band, shall be
required to modify the stations' location and/or technical parameters
as necessary to eliminate the interference.
[FR Doc. 04-1835 Filed 2-5-04; 8:45 am]
BILLING CODE 6712-01-P