[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Rules and Regulations]
[Pages 44177-44183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21795]
[[Page 44177]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 25 and 101
[CC Docket No. 92-297, FCC 96-311]
Redesignating the 27.5-29.5 GHz Frequency Band, Reallocating the
29.5-30.0 GHz Frequency Band, and Establishing Rules and Policies for
Local Multipoint Distribution Service and for Fixed Satellite Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: By this First Report and Order, the Commission designates band
segments in the 27.5-30.0 GHz band (``28 GHz band'') for several types
of wireless systems, clearing the way for licensing Local Multipoint
Distribution Service (``LMDS'') providers, Fixed Satellite Service
(``FSS'') systems, and feeder links for certain Mobile Satellite
Service (``MSS'') systems. The associated downlink bands for satellite
services at 17.7-20.2 GHz, are designated as well. Our band
segmentation plan seeks to promote competition by permitting all
proposed services to develop and offer innovative consumer services
such as video program distribution, two-way interactive video,
teleconferencing, telemedicine, telecommuting, and high speed data
services within our borders and around the globe.
EFFECTIVE DATE: October 28, 1996.
FOR FURTHER INFORMATION CONTACT: Robert James, Wireless
Telecommunications Bureau, (202) 418-0798; Jennifer Gilsenan,
International Bureau, Satellite Policy Branch, (202) 418-0757; Kathleen
Campbell, International Bureau, Satellite Policy Branch, (202) 418-
0753.
SUPPLEMENTARY INFORMATION: This is a summary of the First Report and
Order portion of the Commission's First Report and Order and Fourth
Notice of Proposed Rulemaking in CC Docket No. 92-297; FCC 96-311,
adopted July 17, 1996 and released July 22, 1996. The complete text of
this document is available for inspection and copying during normal
business hours in the FCC Reference Center (Room 239), 1919 M Street,
NW., Washington, DC, and also may be purchased from the Commission's
copy contractor, International Transcription Service, (202) 857-3800,
2100 M Street, NW., Suite 140, Washington, DC 20037.
The First Report and Order contains information collections and
third party disclosure requirements subject to the Paperwork Reduction
Act of 1995, Pub. L. 104-13 (PRA). Notice of this collection appeared
at 61 FR 43058, August 20, 1996. It will be submitted to the Office of
Management and Budget (OMB) for review under PRA.
As required by section 603 of the Regulatory Flexibility Act, the
Commission has prepared a Final Regulatory Flexibility Act (FRFA) of
the expected impact on small entities of the First Report and Order
adopted.
Summary of First Report and Order
1. This is the First Report and Order in a proceeding that involves
the development of one of the largest contiguous spectrum segments
available to the Commission, the 28 GHz band. The commercialization of
this spectrum enables consumers to receive emerging domestic and global
technologies via multiple service providers.
2. With this First Report and Order, the Commission designates band
segments in the 28 GHz band for several types of wireless systems,
clearing the way for licensing Local Multipoint Distribution Service
(``LMDS'') providers, Fixed Satellite Service (``FSS'') systems, and
feeder links for certain Mobile Satellite Service (``MSS'') systems.
The associated downlink bands for satellite services are designated as
well.1 We will address issues relating to service rules for both
GSO/FSS and NGSO/FSS systems proposing to operate in the 28 GHz band in
a forthcoming Report and Order. Service and auction rules relating to
LMDS will also be addressed in a separate Report and Order.
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\1\ Satellite downlinks paired with satellite uplinks in the 28
GHz band are in the 17.7-20.2 GHz band.
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3. The band segmentation plan seeks to promote competition by
permitting all proposed services to develop and offer innovative
consumer services such as video program distribution, two-way
interactive video, teleconferencing, telemedicine, telecommuting, and
high speed data services within our borders and around the globe.
4. The Commission's band segmentation plan is depicted graphically
as follows:
Uplink Band 27.5-30.0 GHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
MSS feeder MSS feeder
LMDS fss GSO/FSS NGSO/FSS links & LMDS links & GSO/ GSO/FSS ngso/
850 MHz ngso/fss gso/fss 500 (h-s) 150 FSS 250 fss 500 GOVT LMDS (h-to-s) (s-to-h) 300 MHz
250 MHz MHz MHz MHz MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
27.5........ 28.35 28.60 29.1 29.25 29.5 30.0 31.0 31.3 GHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. The Commission's plan designates co-frequency sharing in band
segments where the Commission and the parties have concluded it is
technically feasible. This band plan promotes spectrum efficiency and
facilitates the deployment of diverse, interactive, competitive
services for consumers.
6. The band segmentation plan will be implemented through
appropriate changes in part 25 and part 101 of the Commission's rules.
The Commission designates discrete spectrum bands for specific types of
systems. Services designated for domestic licensing priority are
specified in capital letters in the graphic depiction of the band plan.
These services have licensing priority vis-a-vis any other type of
service allocated domestically or internationally in the band. Lower-
case letters indicate services in a particular band segment which also
have licensing priority vis-a-vis any third service allocated
domestically or internationally in the band, but have no licensing
priority over the service in capital letters in the band segment and
must operate on a non-interference basis and must accept interference
vis-a-vis that service. Services designated with two priority users
have equal licensing rights based on the sharing principles adopted for
that particular band segment.
7. In implementing this band plan, the Commission set out
procedures for ``grandfathering'' the existing LMDS system,
CellularVision, in the 28 GHz band. Specifically, the Commission
requires CellularVision to vacate the 28.35-28.50 GHz band by 24 months
following the release date of the First
[[Page 44178]]
Report and Order, or by the date of launch of the first GSO/FSS
satellite intended to provide service in the United States in this
band, whichever occurs later. In order to ensure certainty for both
CellularVision's customers and for potential GSO/FSS systems planning
to provide service in the United States in the 28.35-28.50 GHz band,
the Commission clarified its reference to ``launch'' as the date which
the first GSO/FSS satellite, intended to operate in the 28.35-28.50 GHz
band, leaves the Earth's surface. The satellite licensee is responsible
for notifying CellularVision six months prior to the planned launch
date, and for giving CellularVision, upon its request, updates on the
satellite's status. CellularVision has the responsibility to remain
apprised of the satellite's status and to ensure that LMDS operations
cease on the 150 MHz allocated for GSO/FSS operations in accordance
with the order herein.
8. To ensure the implementation of this band plan, the Commission
adopted specific inter-service sharing rules for those services
designated in the same band segment.
9. The Commission also designated band segments for the associated
satellite downlink band at 17.7-20.2 GHz. The 17.7-20.2 GHz band
segmentation plan can be depicted as follows:
Downlink Band 17.7-20.2 GHz
------------------------------------------------------------------------
GSO/FSS
fixed ngso/ NGSO/FSS MSS F.L.
fss 1100 fixed gso/ fixed gso/ GSO/FSS ngso/fss 500 MHz
MHz fss 500 MHz fss 400 MHz
------------------------------------------------------------------------
17.7........ 18.80 19.30 19.70 20.20 GHz
------------------------------------------------------------------------
This plan specifically designates downlinks in the 17.7-18.8 GHz
band for GSO/FSS uses, the 18.8-19.3 GHz band for NGSO/FSS uses, the
19.3-19.7 GHz band for NGSO/MSS feeder links, and the 19.7-20.2 GHz
band for GSO/FSS uses. These designations do not preclude the
authorized use of these bands by other satellite applications on a
secondary basis to the primary satellite application designated in the
band.
10. GSO/FSS, NGSO/MSS feeder links and NGSO/FSS systems are all
fixed satellite services. Under current rules, such services share the
17.7-19.7 GHz band with fixed services on a coequal basis.2
Current rules require coordination of these services pursuant to the
requirements in Sec. 25.130(b) of the rules, and under the procedures
outlined in Sec. 101.103 of the rules. These coordination rules will
continue to be applied in these bands; however, should the affected
parties wish to propose slightly modified procedures to facilitate the
deployment of these services, we would consider such a proposal in the
future. The record does not indicate that other requirements for
coordination between non-government satellite systems are necessary at
this time.3
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\2\ See 47 CFR 25.202 (a)(1).
\3\ With respect to government systems, parties should take note
of footnote US 334 of the Table of Frequency Allocations. See 47 CFR
2.106.
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Final Regulatory Flexibility Analysis of First Report and Order
11. As required by section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603 (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Third Notice of Proposed Rulemaking in this
proceeding (Third NPRM), 60 FR 43470 (August 23, 1995). The Commission
sought written public comments on the proposals in the Third NPRM,
including on the IRFA. The Commission's Final Regulatory Flexibility
Analysis (FRFA) in this First Report and Order conforms to the RFA, as
amended by the Contract With America Advancement Act of 1996, (CWAAA),
Pub. L. 104-121, 110 Stat. 847 (1996).4
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\4\ Subtitle II of the CWAAA is ``The Small Business Regulatory
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.
601 et seq.
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Need for and Purpose of this Action
12. In this decision, the Commission, adopts a band plan
designating discrete spectrum segments for the Local Multipoint
Distribution Systems (``LMDS''), Fixed Satellite Service (FSS) systems,
and feeder links for certain Mobile Satellite Service (``MSS'') systems
in the 27.5-30.0 GHz band (``28 GHz band''). The Commission also adopts
rules and procedures intended to facilitate the efficient use of this
large spectrum segment among these three different types of services.
The purposes of this action are to help launch two new broadband
industries well-suited to compete in the domestic and global
marketplace.
Summary of Issues Raised by the Public Comments in Response to the
Initial Regulatory Flexibility Analysis
13. No comments were filed in direct response to the IRFA. In
general, comments on the Third NPRM, however, the only licensee in the
band, CellularVision, an LMDS small entity believed that the plan
proposed in the Third NPRM accommodated all competing interests for
spectrum in the band. Furthermore, the proposal to grandfather
CellularVision's existing system in the New York Primary Metropolitan
Statistical Area was supported by CellularVision as a reasonable plan
to facilitate its existing operations as it phases into licensing under
the new band segmentation scheme.
Description and Estimate of the Small Entities Subject to the Rules
14. The Commission has not developed a definition of small entities
applicable to GSO/FSS licensees. Therefore, the applicable definition
of small entity is the definition under the Small Business
Administration (SBA) rules applicable to Communications Services, Not
Elsewhere Classified. This definition provides that a small entity is
expressed as one with $11.0 million in annual receipts.5
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\5\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
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Estimates for GSO/FSS Satellite System Applicants for the 28 GHz
Band
15. At present there are no GSO/FSS satellite licensees in the band
and the Commission has not adopted any final service rules for
satellite systems proposing to operate in the 28 GHz band. Therefore,
there are no small businesses currently providing these types of
broadband interactive services in the band. However, there has been a
cut-off date for applications to be considered in the first GSO/FSS
processing round.6 There are a total of thirteen applications
currently on file proposing to provide GSO/FSS services in the band.
Eight of these systems propose global systems. Five systems
[[Page 44179]]
propose regional coverage. The Commission acknowledges that a couple of
these applications are start-up companies and assumes that new
satellite systems may be developed in this frequency band that may
qualify as small entities pursuant to the SBA's definition.
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\6\ See Ka-Band Satellite Applications Accepted For Filing: Cut-
Off Established for Additional Applications, Public Notice, Report
No. SPB-20, Release No. DA 95-1689, July 28, 1995.
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Estimates for NGSO/FSS System Applicant in the Band
16. At present there are no NGSO/FSS satellite licensees in the 28
GHz band and final service rules have not been adopted for such
satellite systems proposing to operate in the band. Therefore, there
are no small businesses currently providing these services in the band.
However, there has been a cut-off date for applications to be
considered in the first GSO/FSS processing round. Currently, there is
only one NGSO/FSS application on file. The Commission assumes that new
satellite systems may be developed in this frequency band that may
qualify as small entities pursuant to the SBA's definition.
Estimates for NGSO/MSS Systems With Feeder Links in the 28 GHz Band
17. At present there are two licensed NGSO/MSS systems proposing
feeder links for their systems in the 28 GHz band. The Commission
assumes that new satellite systems may be developed in this frequency
band that may qualify as small entities pursuant to the SBA's
definition.
Estimates for LMDS
18.The rules adopted in this First Report and Order will apply to
any company which chooses to apply for a license in the new services.
In addition, the new rules impact fixed microwave licensees, some of
whom requested that the Commission institute a channeling plan in the
28 GHz band to set standards for point-to-point microwave equipment
manufacturers. With regard to both the traditional point-to-point
entities and the Local Multipoint Distribution Service (LMDS), the
Commission has not developed a definition of small entities applicable
to such licensees. The SBA definitions of small entity for LMDS are the
definitions applicable to radiotelephone companies and to pay
television services. The definition of radiotelephone companies
provides that a small entity is a radiotelephone company employing
fewer than 1,500 persons.7 The definition of a pay television
service is one which has annual receipts of less than $11
million.8 Since the Regulatory Flexibility Act amendments were not
in effect until the record in this proceeding was closed, the
Commission was unable to request information regarding the potential
number of small businesses interested in LMDS and is unable at this
time to determine the precise number of potential applicants which are
small businesses.
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\7\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4812.
\8\ Id., SIC Code 4841.
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19. The size data provided by the SBA does not enable us to make a
meaningful estimate of the number of telecommunications providers which
are small entities because it combines all radiotelephone companies
with 500 or more employees.9 The Commission used the 1992 Census
of Transportation, Communications, and Utilities, conducted by the
Bureau of the Census, which is the most recent information available.
This document shows that only 12 radiotelephone firms out of a total of
1,178 such firms which operated during 1992 had 1,000 or more
employees.10 Therefore, a majority of LMDS entities providing
radiotelephone services could be small businesses under the SBA's
definition. Likewise, the size data provided by the SBA does not enable
us to make a meaningful estimate of the number of cable and pay
television providers which are small entities because it combines all
such providers with revenues of less than $11 million.11 The
Commission used the 1992 Census of Transportation, Communications, and
Utilities (Table 2D), conducted by the Bureau of the Census, which is
the most recent information available. This document shows that only 36
of 1,788 firms providing cable and pay television service have a
revenue of greater than $10 million. Therefore, the vast majority of
LMDS entities providing video distribution could be small businesses
under the SBA's definition.
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\9\ U.S. Small Business Administration 1992 Economic Census
Employment Report, Bureau of the Census, U.S. Department of
Commerce, SIC Code 4812 (radiotelephone communications industry data
adopted by the SBA Office of Advocacy).
\10\ U.S. Bureau of the Census, U.S. Department of Commerce,
1992 Census of Transportation, Communications, and Utilities, UC92-
S-1, Subject Series, Establishment and Firm Size, Table 5,
Employment Size of Firms: 1992, SIC Code 4812 (issued May 1995).
\11\ Id., SIC 4841.
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20. However, in the Third NPRM,12 we proposed to define a
small business as an entity that, together with affiliates and
attributable investors, has average gross revenues for the three
preceding years of less than $40 million. We have not yet received
approval by the SBA for this definition because the service rules for
LMDS have not been finalized. A definition of small point-to-point
entities have not yet received approval by the SBA because such
entities have not as yet been subject to competitive bidding
procedures.
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\12\ In the Matter of Rulemaking to Amend parts 1, 2, 21, and 25
of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency
Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish
Rules and Policies for Local Multipoint Distribution Service and for
Fixed Satellite Services and Suite 12 Group Petition for Pioneer's
Preference, CC Docket No. 92-297, 11 F.C.C. Rcd. 53 (1995) (Third
NPRM), para. 188.
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21. The Commission assumes, for purposes of our evaluations and
conclusions in this FRFA, that nearly all of the LMDS licensees will be
small entities, as that term is defined by the SBA. Many of the
competitors using LMDS to compete with LECs or cable companies could be
small businesses.
22. With regard to traditional point-to-point microwave entities,
the same analysis for small radiotelephone entities as made above
applies to these entities. In the First Report and Order, the
Commission declines to specify a channeling plan for point-to-point
entities. It is the Commission's opinion that retaining maximum system
design flexibility for LMDS licensees within their service areas
precludes our specifying a point-to-point channeling plan. Entities
interested in providing point-to-point service may seek other spectrum
or may become LMDS licensees and configure their systems as they
choose. In addition, such entities may lease spectrum, or seek
partitioning or disaggregation opportunities from LMDS licensees.
Moreover, the traditional point-to-point microwave equipment
manufacturing industry could seek to establish standards for its
members to use in the 28 GHz band. Accordingly, this First Report and
Order does not provide direct relief requested by, e.g., the
Telecommunications Industry Association, which represents fixed
microwave entities, the majority of whom may be small businesses.
23. Another category of small entities affected by this First
Report and Order are those operating in the 17.5-19.5 GHz frequency
band. These entities are fixed point-to-point microwave entities of
many subcategories. The same analysis for these entities as made for
traditional fixed microwave entities made above applies to these
entities (a definition of small point-to-point entities has not been
submitted for approval by the SBA because such entities have not as yet
been subject to competitive bidding procedures). The First Report and
Order does not change the Commission's treatment of these entities, but
it adds
[[Page 44180]]
potential additional satellite operators in the band with which the
entities will have to coordinate in the future. The Commission has
coordination procedures in effect; should they prove inadequate in the
future, we will reconsider the issue at that time.
Summary of Projected Reporting, Recordkeeping and Other Compliance
Requirements
24. There are some reporting requirements imposed by the First
Report and Order. In some instances, it is likely that the entities
filing the reports will require no professional skills for the
preparation of such requests. In other cases, the services of persons
with technical or engineering expertise may be required to prepare the
reports. First, in one band segment, a satellite licensee is required
to notify the one existing licensed LMDS operator, CellularVision, of
its launch date six months prior to the satellite's launch date. It is
also required to provide, upon CellularVision's request, updates on the
satellite's status. Such a request is reasonable of CellularVision. At
this time, it is not clear how many potential GSO/FSS licensees this
will effect. Second, in another shared band segment, LMDS licensees are
required to serve copies of their application on all NGSO/MSS
applicants. At this time, it is not clear how many LMDS entities will
be participating. Currently there are only two NGSO/MSS licensees who
will be using this band for feeder links. Feeder links for a third
NGSO/MSS system could possibly also be accommodated in this band.
Third, NGSO/MSS feeder link earth stations are required to specify a
set of geographic coordinates for the location of these earth stations,
15 days after the release of a public notice announcing the
commencement of LMDS auctions. Finally, one NGSO/MSS licensee is
required to provide its feeder link earth station locations to the GSO/
FSS licensees. At this time, it is not clear how many potential GSO/FSS
licensees this will effect.
Steps Taken to Minimize the Economic Impact on Small Entities
25. The Commission adopts a band plan that facilitates the
accommodation of all proposed systems in the 28 GHz band. It believes
this plan is a reasonable accommodation of all competing interests in
this new band segment, including small entities. The band plan along
with the Fourth Notice of Proposed Rulemaking for the 31 GHz band
provides both small entities and larger businesses the same opportunity
to develop and operate viable systems within the band, and initiate
competitive services. The band plan also accords, CellularVision, the
only licensee in the band, flexibility during the implementation phase
of the band plan.
Significant Alternatives Considered and Rejected
26. The Commission considered and rejected several alternatives to
the band plan adopted.13 The Commission considered various band
segmentation plans over the last several months with the goal of
accommodating the various divergent proposals made in response to the
band plan proposed in the Third NPRM.14 For example, the
Commission considered plans which ultimately proved to require
difficult inter-service sharing rules and to not completely support
interactivity of LMDS systems.15 The Commission also considered a
band plan that designated 1000 MHz each for GSO/FSS and LMDS service.
That plan, however, would have divided LMDS among three non-contiguous
spectrum segments.16 This option was not acceptable to the
potential LMDS service providers, including small providers, because,
they argued, it would have significantly decreased spectrum efficiency
for LMDS, resulting in increased cost and delay in offering both
subscriber and hub equipment.17 The Commission also considered two
band plans that designated GSO/FSS systems with less than 1000
MHz.18 These options were unacceptable to the GSO/FSS applicants
because, they argued, any of these plans would result in a significant
loss of system capacity and revenue.19 Such loss and capacity
could affect potential small entities. Another plan, resulting from a
GSO/FSS applicant's proposal, was also considered. It would have
designated a total of 1010 MHz to GSO/FSS applicants and 985 MHz to
LMDS, but required sharing of 135 MHz between GSO/FSS and LMDS.20
However, the mutually acceptable sharing principles required to
implement this plan were not developed by the LMDS and GSO/FSS
parties.21 The Commission staff was also unable to successfully
propose sharing criteria.
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\13\ See First Report and Order at Paras. 38-40.
\14\ See ex parte submission filed by the International Bureau
to William F. Caton, Acting Secretary (Feb. 6, 1996), for diagrams
of Commission Band Plan Options 1, 2, 2A, 2B, 3(a), 4 and 5.
\15\ See First Report and Order note 76.
\16\ Id. note 77.
\17\ Id. note 78.
\18\ Id. note 79.
\19\ Id. note 80.
\20\ Id. note 81.
\21\ Id. note 82.
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27. In March 1996, NASA was also asked to undertake an immediate
study to assess whether its space services and LMDS could share
spectrum below 27.5 GHz.22 NASA concluded three weeks later that
no rules acceptable to all parties could be drafted which would
guarantee protection of NASA space services from harmful
interference.23 NASA also concluded that coordination with other
space service systems in the band from other administrations would make
this a difficult option to implement effectively.
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\22\ Id. note 83.
\23\ Id. note 84.
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28. One alternative of not adopting a band segmentation plan for
this spectrum is the preclusion of LMDS service or satellite service in
the 28 GHz band. In the Third NPRM, the Commission tentatively
concluded that denying one or the other of the proposed services for
the band was not in the public interest and that both proposed services
bring the promise of competition and innovative services to the
nation's infrastructure. Moreover, preclusion of either service
potentially affects small businesses on both the satellite side and the
LMDS side.
Report to Congress
29. The Commission shall send a copy of this Final Regulatory
Flexibility Analysis, along with this First Report and Order, in a
report to Congress pursuant to the Small Business Regulatory
Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this
FRFA will also be published in the Federal Register.
Ordering Clause
30. Accordingly, it is ordered that part 25 and part 101 of the
Commission's rules are amended as specified below, effective October
28, 1996.
List of Subjects
47 CFR Part 25
Satellites.
47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 25 and 101 of Title 47 of the Code of Federal Regulations are
amended as follows:
[[Page 44181]]
PART 25--SATELLITE COMMUNICATIONS
1. The authority citation for part 25 continues to read as follows:
Authority: Secs. 101-404, 76 Stat. 419-427; 47 U.S.C. 701-744,
Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or
applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303.
2. Section 25.203 is amended by adding paragraph (h) to read as
follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(h) Sites and frequencies for GSO and NGSO earth stations,
operating in a frequency band where both have a co-primary allocation,
shall be selected to avoid earth station antenna mainlobe-to-satellite
antenna mainlobe coupling, between NGSO systems and between NGSO and
GSO systems, in order to minimize the possibility of harmful
interference between these services. Prior to filing an earth station
application, in bands with co-primary allocations to NGSO and GSO earth
stations, the applicant shall coordinate the proposed site and
frequency usage with existing earth station licensees and with current
earth station authorization applicants.
* * * * *
3. A new Sec. 25.250 is added to subpart C to read as follows:
Sec. 25.250 Sharing between NGSO MSS Feeder links Earth Stations in
the 19.3-19.7 GHz and 29.1-29.5 GHz Bands.
(a) NGSO MSS applicants shall be licensed to operate in the 29.1-
29.5 GHz band for Earth-to-space transmissions and 19.3-19.7 GHz for
space-to-Earth transmissions from feeder link earth station complexes.
A ``feeder link earth station complex'' may include up to three (3)
earth station groups, with each earth station group having up to four
(4) antennas, located within a radius of 75 km of a given set of
geographic coordinates provided by NGSO-MSS licensees or applicants.
(b) Licensees of NGSO MSS feeder link earth stations separated by
800 km or less are required to coordinate their operations, see
Sec. 25.203. The results of the coordination shall be reported to the
Commission.
4. A new Sec. 25.257 is added to subpart C to read as follows:
Sec. 25.257 Special requirements for operations in the band 29.1-29.25
GHz between NGSO MSS and LMDS.
(a) Non-geostationary mobile satellite service (NGSO MSS) operators
shall be licensed to use the 29.1-29.25 GHz band for Earth-to-space
transmissions from feeder link earth station complexes. A ``feeder link
earth station complex'' may include up to three (3) earth station
groups, with each earth station group having up to four (4) antennas,
located within a radius of 75 km of a given set of geographic
coordinates provided by a NGSO MSS licensees or applicants pursuant to
Sec. 101.147.
(b) A maximum of seven (7) feeder link earth station complexes in
the contiguous United States, Alaska and Hawaii may be placed into
operation, in the largest 100 MSAs, in the band 29.1-29.25 GHz in
accordance with Sec. 25.203 and Sec. 101.147 of this chapter.
(c) One of the NGSO MSS operators licensed to use the 29.1-29.25
GHz band may specify geographic coordinates for a maximum of eight
feeder link earth station complexes that transmit in the 29.1-29.25 GHz
band. The other NGSO MSS operator licensed to use the 29.1-29.25 GHz
band may specify geographic coordinates for a maximum of two feeder
link earth station complexes that transmit in the 29.1-29.25 GHz band.
(d) Additional NGSO MSS operators may be licensed in this band if
the additional NGSO MSS operator shows that its system can share with
the existing NGSO MSS systems.
(e) All NGSO MSS operators shall cooperate fully and make
reasonable efforts to identify mutually acceptable locations for feeder
link earth station complexes. In this connection, any single NGSO MSS
operator shall only identify one feeder link earth station complex
protection zone in each category identified in Sec. 101.147(c)(2) of
this chapter until the other NGSO MSS operator has been given an
opportunity to select a location from the same category.
5. A new Sec. 25.258 is added to subpart C to read as follows:
Sec. 25.258 Sharing between NGSO MSS Feeder links Stations and GSO FSS
services in the 29.25-29.5 GHz Bands.
(a) Operators of NGSO MSS feeder link earth stations and GSO FSS
earth stations in the band 29.25 to 29.5 GHz where both services have a
co-primary allocation shall cooperate fully in order to coordinate
their systems. During the coordination process both service operators
shall exchange the necessary technical parameters required for
coordination.
(b) Licensed GSO FSS systems shall, to the maximum extent possible,
operate with frequency/polarization selections, in the vicinity of
operational or planned NGSO MSS feeder link earth station complexes,
that will minimize instances of unacceptable interference to the GSO
FSS space stations.
(c) NGSO MSS satellites operating in this frequency band shall
compensate for nodal regression due to the oblate shape of the Earth,
and thus maintain constant successive sub-satellite ground tracks on
the surface of the Earth.
(d) NGSO MSS systems applying to use the 29.25-29.5 GHz band, for
feeder link earth station uplink, will have to demonstrate that their
system can share with the authorized U.S. GSO/FSS systems operating in
this band.
PART 101--FIXED MICROWAVE SERVICES
1. The authority citation for part 101 continues to read as
follows:
Authority: 47 U.S.C. 154, 202, unless otherwise noted.
2. Section 101.3 is amended by adding the following definitions, in
alphabetical order, to read as follows:
Sec. 101.3 Definitions.
* * * * *
Local Multipoint Distribution Service Backbone Link. A point-to-
point radio service link in a Local Multipoint Distribution Service
System that is used to interconnect Local Multipoint Distribution
Service Hub Stations with each other or with the public switched
telephone network.
Local Multipoint Distribution Service Hub Station. A fixed point-
to-multipoint radio station in a Local Multipoint Service System that
provides one-way or two-way communication with Local Multipoint
Distribution Service Subscriber Stations.
Local Multipoint Distribution Service Subscriber Station. Any one
of the fixed microwave radio stations located at users' premises, lying
within the coverage area of a Local Multipoint Distribution Service Hub
Station, capable of receiving one-way communications from or providing
two-way communications with the Local Multipoint Distribution Service
Hub Station.
Local Multipoint Distribution Service System. A fixed point to-
multipoint radio system consisting of Local Multipoint Distribution
Service Hub Stations and their associated Local Multipoint Distribution
Service Subscriber Stations.
* * * * *
3. Section 101.109 is amended by removing the entry for 27,500 MHz
to 29,500 MHz and adding the entries for 27,500 to 28,350 MHz and
29,100 to 29,250 MHz in the table in paragraph (c) to read as follows:
Sec. 101.109 Bandwidth.
* * * * *
[[Page 44182]]
(c) * * *
------------------------------------------------------------------------
Frequency band (MHz) Maximum authorized bandwidth
------------------------------------------------------------------------
* * * * *
27,500 to 28,350 MHz...................... 850 MHz.
29,100 to 29,250 MHz...................... 150 MHz.
* * * * *
------------------------------------------------------------------------
4. Section 101.113 is amended by removing the entry for 27,500 to
29,500 MHz and adding new entries 27,500 to 28,350 MHz and 29,100 to
29,250 MHz in the table in paragraph (a) and by adding a new paragraph
(c) to read as follows:
Sec. 101.113 Transmitter power limitations.
(a) * * *
------------------------------------------------------------------------
Maximum allowable
EIRP \1\
Frequency band (MHz) --------------------
Fixed Mobile
(dBW) (dBW)
------------------------------------------------------------------------
27,500 to 28,350................................... 55 ........
29,100 to 29,250................................... (\7\) ........
------------------------------------------------------------------------
\1\ Per polarization.
\7\ See Sec. 101.113(c).
* * * * *
(c) (1) Transmitter power limitations: Point-to-point stations in
the 29.1-29.25 GHz band for the LMDS backbone between LMDS hubs shall
be limited to a maximum allowable e.i.r.p. density per carrier of 23
dBW/MHz in any one megahertz in clear air, and may exceed this limit by
employment of adaptive power control in cases where link propagation
attenuation exceeds the clear air value due to precipitation and only
to the extent that the link is impaired.
(2) Hub Transmitter EIRP Spectral Area, Density Limit: LMDS
applicants shall demonstrate that, under clear air operating
conditions, the maximum aggregate of LMDS transmitting hub stations in
a Basic Trading Area in the 29.1-29.25 GHz band will not transmit a co-
frequency hub-to-subscriber e.i.r.p. spectral area density in any
azimuthal direction in excess of X dBW/(MHz-km \2\) when averaged over
any 4.375 MHz band, where X is defined in Table 1. Individual hub
stations may exceed their clear air e.i.r.p.s by employment of adaptive
power control in cases where link propagation attenuation exceeds the
clear air value and only to the extent that the link is impaired.
(i) The e.i.r.p. aggregate spectral area density is calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TR28AU96.732
where:
N=number of co-frequency hubs in BTA.
A=Area of BTA in km \2\.
pi=spectral power density into antenna of i-th hub (in W/MHz).
gi=gain of i-th hub antenna at zero degree elevation angle.
Each pi and gi are in the same 1 MHz within the designated frequency
band.
(ii) The climate zones in Table 1 are defined for different
geographic locations within the US as shown in Appendix 28 of the ITU
Radio Regulations.
Table 1 \1\
------------------------------------------------------------------------
e.i.r.p. Spectral Density (Clear
Climate zone Air) (dBW/MHz-km \2\) \2\
------------------------------------------------------------------------
1.................................. -23
2.................................. -25
3,4,5.............................. -26
------------------------------------------------------------------------
\1\ LMDS system licensees in two or more BTAs may individually or
collectively deviate from the spectral area density computed above by
averaging the power over any 200 km by 400 km area, provided that the
aggregate interference to the satellite receiver is no greater than if
the spectral area density were as specified in Table 1. A showing to
the Commission comparing both methods of computation is required and
copies shall be served on any affected non-GSO 20/30 GHz MSS
providers.
\2\ See Sec. 21.1007(c)(i) for the population density of the BTA.
(3) Hub Transmitter e.i.r.p. Spectral Area Density Limit at
Elevation Angles Above the Horizon: LMDS applicants shall demonstrate
that, under clear air operating conditions, the maximum aggregate of
LMDS transmitting hub stations in a Basic Trading Area in the 29.1-
29.25 GHz band will not transmit a co-frequency hub-to-subscriber
e.i.r.p. spectral area density in any azimuthal direction in excess of
X dBW/(MHz-km\2\) when averaged over any 4.375 MHz band where X is
defined in Table 2. Individual hub stations may exceed their clear air
e.i.r.p.s by employment of adaptive power control in cases where link
propagation attenuation exceeds the clear air value and only to the
extent that the link is impaired.
(i) The e.i.r.p. aggregate spectral area density is calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TR28AU96.733
where:
N=number of co-frequency hubs in BTA.
A=Area of BTA in km\2\.
e.i.r.p. (ai)=equivalent isotropic radiated spectral power density of
the i-th hub (in W/MHz) at elevation angle a where a is the angle in
degrees of elevation above horizon. e.i.r.p.(0 deg.) is the hub
e.i.r.p. area density at the horizon used in Section 101.113c(2). The
nominal antenna pattern will be used for elevation angles between
0 deg. and 8 deg., and average levels will be used for angles beyond
8 deg., where average levels will be calculated by sampling the antenna
patterns in each 1 deg. interval between 8 deg. and 9015, dividing by
83.
Table 2
------------------------------------------------------------------------
Relative e.i.r.p. density
Elevation angle (a) (dBW/MHz-km \2\)
------------------------------------------------------------------------
0 deg. a 4.0 deg.. e.i.r.p.(a) = e.i.r.p.(0
deg.) + 20 log (sinx)(1/x) where x
= (a + 1)/7.5 deg..
4.0 deg. < a=""> 7.7 deg.......... e.i.r.p.(a) = e.i.r.p.(0
deg.) - 3.85a + 7.7.
a > 7.7 deg............................... e.i.r.p.(a) = e.i.r.p.(0
deg.) - 22.
------------------------------------------------------------------------
(ii) LMDS system licensees in two or more BTAs may individually or
collectively deviate from the spectral area density computed above by
averaging the power over any 200 km by 400 km area, provided that the
aggregate interference to the satellite receiver is no greater than if
the spectral area density were as specified in Table 1. A showing to
the Commission comparing both methods of computation is required and
copies shall be served on any affected non-GSO MSS providers.
(4) Power Reduction Techniques: LMDS hub transmitters shall employ
methods to reduce average power levels received by non-geostationary
mobile satellite receivers, to the extent necessary to comply with
paragraphs (c)(1) and (c)(2) of this section, by employing the methods
set forth below:
(i) Alternate Polarizations. LMDS hub transmitters in the LMDS
service area may employ both vertical and horizontal linear
polarizations such that 50 percent (plus or minus 10 percent) of the
hub transmitters shall employ vertical polarization and 50 percent
(plus or minus 10 percent) shall employ horizontal polarization.
(ii) Frequency Interleaving. LMDS hub transmitters in the LMDS
service area may employ frequency interleaving such that 50 percent
(plus or minus 10 percent) of the hub transmitters shall employ channel
center frequencies which are different by one-half the channel
bandwidth of the other 50
[[Page 44183]]
percent (plus or minus 10 percent) of the hub transmitters.
(iii) Alternative Methods. As alternatives to paragraphs (c)(4)(i)
and (c)(4)(ii) of this section, LMDS operators may employ such other
methods as may be shown to achieve equivalent reductions in average
power density received by non-GSO MSS satellite receivers.
5. Section 101.133 is amended by adding new paragraph (d) to read
as follows:
Sec. 101.133 Limitations on use of transmitters.
* * * * *
(d) LMDS Subscriber Transmissions: LMDS licensees shall not operate
transmitters from subscriber locations in the 29.1-29.25 GHz band.
6. Section 101.147 is amended by adding new paragraph (y) to read
as follows:
Sec. 101.147 Frequency assignments.
* * * * *
(y) Special requirements for operations in the band 29.1-29.25 GHz:
(1)(i) LMDS receive stations operating on frequencies in the 29.1-29.25
GHz band within a radius of 75 nautical miles of the geographic
coordinates provided by a non-GSO MSS licensee pursuant to paragraphs
(c)(2) or (c)(3)(i) of this section (the ``feeder link earth station
complex protection zone'') shall accept any interference caused to them
by such earth station complexes and shall not claim protection from
such earth station complexes.
(ii) LMDS licensees operating on frequencies in the 29.1-29.25 GHz
band outside a feeder link earth station complex protection zone shall
cooperate fully and make reasonable efforts to resolve technical
problems with the non-GSO MSS licensee to the extent that transmissions
from the non-GSO MSS operator's feeder link earth station complex
interfere with an LMDS receive station.
(2) No more than 15 days after the release of a public notice
announcing the commencement of LMDS auctions, feeder link earth station
complexes to be licensed pursuant to Section 25.257 shall be specified
by a set of geographic coordinates in accordance with the following
requirements: no feeder link earth station complex may be located in
the top eight (8) metropolitan statistical areas (``MSAs''), ranked by
population, as defined by the Office of Management and Budget as of
June 1993, using estimated populations as of December 1992; two (2)
complexes may be located in MSAs 9 through 25, one of which must be
Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be
located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51
to 100, one of which must be Honolulu, Hawaii (for a complex at
Waimea); and the three (3) remaining complexes must be located at least
75 nautical miles from the borders of the 100 largest MSAs or in any
MSA not included in the 100 largest MSAs. Any location allotted for one
range of MSAs may be taken from an MSA below that range.
(3) (i) Any non-GSO MSS licensee may at any time specify sets of
geographic coordinates for feeder link earth station complexes with
each earth station contained therein to be located at least 75 nautical
miles from the borders of the 100 largest MSAs.
(ii) For purposes of paragraph (c)(3)(i) of this section, non-GSO
MSS feeder link earth station complexes shall be entitled to
accommodation only if the affected non-GSO MSS licensee preapplies to
the Commission for a feeder link earth station complex or certifies to
the Commission within sixty days of receiving a copy of an LMDS
application that it intends to file an application for a feeder link
earth station complex within six months of the date of receipt of the
LMDS application.
(iii) If said non-GSO MSS licensee application is filed later than
six months after certification to the Commission, the LMDS and non-GSO
MSS entities shall still cooperate fully and make reasonable efforts to
resolve technical problems, but the LMDS licensee shall not be
obligated to re-engineer its proposal or make changes to its system.
(4) LMDS licensees or applicants proposing to operate hub stations
on frequencies in the 29.1-29.25 GHz band at locations outside of the
100 largest MSAs or within a distance of 150 nautical miles from a set
of geographic coordinates specified under paragraph (c)(2) or (c)(3)(i)
of this section shall serve copies of their applications on all non-GSO
MSS applicants, permitees or licensees meeting the criteria specified
in Sec. 25.257(a). Non-GSO MSS licensees or applicants shall serve
copies of their feeder link earth station applications, after the LMDS
auction, on any LMDS applicant or licensee within a distance of 150
nautical miles from the geographic coordinates that it specified under
paragraph (c)(2) or (c)(3)(i) of this section. Any necessary
coordination shall commence upon notification by the party receiving an
application to the party who filed the application. The results of any
such coordination shall be reported to the Commission within sixty
days. The non-GSO MSS earth station licensee shall also provide all
such LMDS licensees with a copy of its channel plan.
[FR Doc. 96-21795 Filed 8-27-96; 8:45 am]
BILLING CODE 6712-01-P
