[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Rules and Regulations]
[Pages 24576-24583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11768]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, and 101
[ET Docket No. 97-99; FCC 97-95]
Reallocation of Digital Electronic Messaging Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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[[Page 24577]]
SUMMARY: The Commission has adopted rules and policies to amend its
Table of Frequency Allocations and its rules regarding Fixed Microwave
Services to permit Fixed Service use of the 24.25-24.45 GHz and 25.05-
25.25 GHz bands (24 GHz band). This action facilitates the relocation
of the digital electronic message service (DEMS) from the 18.82-18.92
GHz and 19.16-19.26 GHz bands (18 GHz band) to the 24 GHz band and to
prohibit certain new low power operations in the Washington, D.C., and
Denver, Colorado, areas. This action is being taken to advance,
support, and accommodate the national defense. In order to accommodate
this relocation, the Commission establishes rules to govern DEMS
operations in the 24 GHz band.
EFFECTIVE DATE: June 5, 1997.
FOR FURTHER INFORMATION CONTACT: Meribeth McCarrick, News Media
Contact, (202) 418-0256; Fred Thomas at (202) 418-2449 or Rodney Small
at (202) 418-2452, Office of Engineering and Technology; Chris Murphy,
International Bureau, Satellite Policy Branch, (202) 418-2373; or Ron
Netro, Wireless Telecommunications Bureau, (202) 418-1310.
SUPPLEMENTARY INFORMATION:
I. Introduction
By this action, the Commission amends its Table of Frequency
Allocations and Part 101 of its rules regarding Fixed Microwave
Services to permit Fixed Service use of the 24.25-24.45 GHz and 25.05-
25.25 GHz bands (``24 GHz band''). This action will facilitate
relocation of the digital electronic message service (``DEMS'') from
the 18.82-18.92 GHz and 19.16-19.26 GHz bands (``18 GHz band'') to the
24 GHz band. This action is being taken to advance, support and
accommodate the national defense. 1 In order to accommodate
this relocation, the Commission establishes rules to govern DEMS
operations in the 24 GHz band.
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\1\ See 47 U.S.C. Sec. 151.
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II. Background
2. In a July 1995 Memorandum Opinion and Order, FCC 95-316, 60 FR
39657 (``MO&O''), we amended our Table of Frequency Allocations by
adding footnote US334 to permit use of the 17.8-20.2 GHz band for
Government space-to-Earth fixed satellite transmissions and by
modifying footnote G117 to limit Government use of this band to
military systems. 2 This action was taken at the request of
the National Telecommunications and Information Administration
(``NTIA'') because, according to NTIA, the
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\2\ See 10 FCC Rcd 9931 (1995).
reallocation is essential to fulfill requirements for Government
space systems to perform satisfactorily [and] current Department of
Defense (DoD) requirements cannot be accommodated in frequency bands
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currently allocated for Government use. * * * '' 3
\3\ Id. at para. 3.
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In the MO&O, we stated that this band is allocated on a worldwide basis
for Fixed Satellite Service (``FSS'') downlinks and domestically is
predominantly exclusive non-Government spectrum. We further stated that
the 17.8-19.7 GHz band is used by a variety of fixed services,
including auxiliary broadcast, common carrier, private, cable
television, digital termination systems, and, the main service
addressed in this Order, DEMS. 4
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\4\ Id. at para. 2.
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3. Subsequently, the Commission discussed various coordination
alternatives with NTIA and put in place interim coordination procedures
for services in this band. In Maryland, Virginia, the District of
Columbia and Colorado (``Washington, D.C. and Denver areas''), fixed
service licensees may not begin operation until their applications are
approved. 5 These interim measures have permitted licensing
of non-Government facilities while preserving protection of the
Government operations and providing an opportunity to evaluate longer
term solutions that are acceptable to both the NTIA and the Commission.
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\5\ 11 FCC Rcd 13449, 13462 (1996) at para. 29. In all other
parts of the U.S. licensees may begin conditional operations upon
filing an application for a license to operate. See 47 CFR 101.5(d).
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4. Since adoption of footnote US334, the NTIA and the Commission
have explored various methods of protecting the Government Earth
stations while minimizing the impact on non-Government services.
Because of the variety of non-Government terrestrial services in the
17.8-20.2 GHz band, it was determined that the optimum solution differs
depending on the characteristics of the service. For instance, the
highly directional nature of fixed point-to-point operations allows
individual point-to-point links to be coordinated with Government
operations at much closer distances than is possible with point-to-
multipoint operations. In the case of DEMS, based on typical system
parameters, NTIA determined that it would not be possible for DEMS to
be provided within 40 km of the Government Earth stations. 6
Considering the maximum system parameters permitted under our rules for
DEMS, a potential for interference extends well beyond 40 km. Licenses
for DEMS have already been granted in the vicinity of the Government
facilities and operations under these licenses would not be compatible
with Government operations.
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\6\ See Letter from Richard Parlow, Associate Administrator,
Office of Spectrum Management, NTIA to Richard Smith, Chief, Office
of Engineering and Technology, FCC, dated January 7, 1997.
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5. Considering the extent of the area in which DEMS operations
would be excluded, NTIA, on behalf of the Department of Defense, sent a
letter dated January 7, 1997, stating that co-frequency, co-coverage
operation of DEMS and the Government Earth stations is not possible and
that steps should be taken to ensure protection of the Government Earth
stations. Further, recognizing the Commission's desire to ensure the
viability of DEMS and that this would require that spectrum for DEMS be
available on a nationwide basis, NTIA proposed to make spectrum from
the 24.25--24.65 GHz band available nationwide for DEMS. In addition,
NTIA requested that accommodation of the Government Earth stations and
relocation of DEMS be undertaken on an expedited basis because of the
essential nature of these actions to military functions and sensitive
national security interests of the United States. 7 NTIA
also stated that there are a limited number of Government
radionavigation assignments in portions of the 24.25--24.65 GHz band
and that coordination between NTIA and the Commission may be necessary
to determine any sharing arrangements or transition plans for these
stations.
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\7\ Id.
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6. On March 5, 1997, we received a second letter from NTIA making
the 24.25--24.45 and 25.05--25.25 GHz bands available for non-
Government uses (``Second NTIA Letter''). 8 The Second NTIA
Letter reiterates the Government's determination that existing DEMS
licensees must relocate to minimize potential interference to
Government Earth stations in the 18 GHz band pursuant to footnote US334
and national security interests. To this end, NTIA has withdrawn the
allocation for the Government radionavigation service in the 24.25--
24.45 GHz and 25.05--25.25 GHz bands to permit relocation of DEMS from
the 18 GHz band. In addition, NTIA requires that the Commission limit
future FCC licensees from using the 17.8-20.2 GHz
[[Page 24578]]
band for operations in the Washington, D.C. and Denver areas based on
criteria discussed below.
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\8\ See Letter from Richard Parlow, Associate Administrator,
Office of Spectrum Management, NTIA to Richard Smith, Chief, Office
of Engineering and Technology, FCC, dated March 5, 1997.
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7. In addition to Government satellite use, in July 1996, we set
forth a plan for non-Government satellite downlink use of the 17.7--
20.2 GHz band and for paired GSO and non-GSO (``NGSO'') satellite
uplinks, as well as Local Multipoint Distribution Service, in the
27.5--30 GHz band (``28 GHz Order'') See First Report and Order and
Fourth Notice of Proposed Rule Making to Amend Part 1, 2, 21, and 25 of
the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
to Establish Rules and Policies for Local Multipoint Distribution
Service and for Fixed Satellite Services, CC Docket No. 92-297, FCC 96-
311, rel. July 22, 1996, 61 FR 44177, at para. 77. Specifically, of
relevance to this decision, we designated the 18.8--19.3 GHz segment
for NGSO/FSS uses. That designation raised the issue of coordination
with terrestrial services.
8. As part of the 28 GHz proceeding, a great deal of effort, over
several years, was put into determining whether ubiquitous satellite
services could share spectrum with ubiquitous terrestrial services. In
the 28 GHz Order we concluded, based on the entire record before us,
that co-frequency sharing between NGSO/FSS uplinks from ubiquitously
deployed terminals (satellite services) and Local Multipoint
Distribution Service (``LMDS'') (a high density point-to-multipoint
terrestrial service) with its ubiquitously deployed subscriber
terminals, was not feasible. We also concluded, however, that there was
no indication in the record that sharing between NGSO/FSS downlinks and
terrestrial services in the 18.8--19.3 GHz range would be infeasible,
and indicated that we would rely on traditional coordination methods to
address potential incompatibility between the satellite and terrestrial
services in the absence of such evidence. 9 However,
subsequent developments, such as the availability of equipment to
provide point-to-multipoint service in this band, have raised
substantial questions concerning the feasibility of traditional
coordination methods for DEMS and NGSO/FSS in the 18 GHz band.
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\9\ Id. at para. 79.
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9. After the release of the 28 GHz Order on August 23, 1996, an
NGSO/FSS applicant, Teledesic Corporation, seeking to use the 18 GHz
band, filed a written request seeking an administrative freeze on
acceptance and processing of applications for DEMS licenses in the 18
GHz band, due to concerns about frequency sharing with DEMS operations.
There were many DEMS applications at various stages at that time.
10 Recognizing the need to maintain the existing environment
and study the spectrum sharing issue, the Wireless Telecommunications
and International Bureaus granted Teledesic's request and ordered an
administrative freeze on new applications, amendments to pending
applications, renewals, modifications, or extensions for either
terrestrial fixed services or NGSO/FSS earth stations in the 18 GHz
band (``18 GHz Freeze Order''). Freeze on the Filing of Applications
for New Licenses, Amendments, and Modifications in the 18.8-19.3 GHz
Frequency Band, DA 96-1481 (rel. Aug. 30, 1996), para. 3. The Bureaus
also ordered that already-filed applications for new markets in the 18
GHz band be held in abeyance. 11 In the interim, Teledesic
and DEMS operators have been involved in private negotiations to
resolve the issues that gave rise to the 18 GHz Freeze Order.
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\10\ These included applications for additional nodal sites
within already-licensed exclusive defined areas and for new
exclusive geographic areas. Id., para. 2.
\11\ Id., para. 12.
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10. Teledesic has a separate interest in relocating DEMS from the
18 GHz band due to interference with its Earth station downlinks in the
18 GHz band. Even if the DEMS licensees in the Washington, D.C. and
Denver areas had ceased service due to interference with Government
Earth stations, Teledesic determined that it was unable to share the 18
GHz band with point-to-multipoint operations in other geographic areas
as well. In order to facilitate the relocation of DEMS, and eliminate
sharing concerns with the DEMS licensees, Teledesic has now agreed to
reimburse licensees which are required to modify existing equipment in
order to operate in the 24 GHz band being offered by the Government.
12
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\12\ See Letter dated February 27, 1997, from Russell Daggatt,
President, Teledesic Corporation, and Laurence Harris, Counsel for
Associated Communications, L.L.C., to Michele C. Farquhar, Chief,
Wireless Telecommunications Bureau, and Donald H. Gips, Chief,
International Bureau.
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III. Discussion
11. In order to give effect to NTIA's request, we implement changes
to our rules, as described below, without notice and comment
procedures. These rule changes provide for the relocation of DEMS
interests from the 18 GHz band to the 24 GHz band. This is necessary
because we are required to relocate DEMS in the Washington, D.C. and
Denver, Colorado, regions in the interests of national security.
Although this goal might be accomplished by moving the Washington, D.C.
and Denver, Colorado operations only, doing so would effectively
preclude these areas from getting DEMS service, since it is unlikely
that 24 GHz equipment could be manufactured at economic prices solely
for these two markets. We believe that the public interest is served by
ensuring that services are deployed so that consumers are not
disadvantaged by greater complexity in providing service to their
geographic location. Accordingly, we seek to maintain the DEMS on a
unified frequency band nationwide. 13 Therefore, rather than
license DEMS using a second band of frequencies solely for the
Washington, D.C. and Denver areas, NTIA has offered to make Government
spectrum available in the 24 GHz band to relocate the entire DEMS
service for continued nationwide deployment.
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\13\ See Amendment of Parts 2, 21, 74 and 94 of the Commission's
Rules to Allocate Spectrum at 18 GHz, 54 RR2d 1091, 1100 (1983) at
para. 40 (describing the Commission's policy that DEMS should be
treated uniformly in Alaska and the contiguous 48 states and that
service allocation applies equally to all areas of Commission
jurisdiction).
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12. Specifically, NTIA has made available 400 megahertz of spectrum
in the 24.25--24.45 GHz and 25.05--25.25 GHz bands in order to
accommodate DEMS and will delete its Radionavigation Service allocation
in those bands. Based on a very narrow set of parameters that arise
from the need to move DEMS as quickly and with as little impact as
possible, we find that 400 megahertz of spectrum in the 24 GHz band
will provide DEMS with service equivalent to that at 18 GHz. The 24 GHz
band will accommodate existing licensees using four times the channel-
width and sufficient transmit/receive frequency separation to permit
DEMS systems to maintain equivalent information capacity to similarly
engineered systems at 18 GHz. For a more detailed technical
explanation, attached hereto.
13. Therefore, in order to accommodate the Government's needs in
the 18 GHz band, by this Order, we are allocating, for Fixed Service
use, the 24.25-24.45 GHz and 25.05-25.25 GHz bands and are relocating
DEMS to those bands from the 18 GHz band. In addition, NTIA has
included, in the Second NTIA Letter, a request that we replace our
current interim coordination procedures for non-DEMS fixed services in
the 18 GHz band with permanent coordination requirements developed by
the Government user. 14 These
[[Page 24579]]
permanent coordination procedures include exclusion zones around the
Government Earth stations in which no new DEMS or low power non-
Government operations will be permitted in the 18 GHz band. We will
adopt rules consistent with the exclusion and coordination requirements
requested by NTIA in a future order, except that by this Order we are
modifying our rules with regard to low power operations at 18 GHz.
Because these low power operations are licensed on an area basis, it is
very difficult to ensure that individual transmitters are properly
coordinated with the Government operations in the band. Accordingly, to
help ensure the protection of the Government operations, we are
prohibiting any new low power operations within 55 km when used outdoor
and 20 km when used indoor of the coordinates 38 deg.48' N and
76 deg.52' W (Washington, D.C., area) and 39 deg.43' N and 104 deg.46'
W (Denver, Colorado, area). 15 Pending adoption of a future
order consistent with NTIA's request, we will continue to protect
Government operations in the 18 GHz band from other non-Government
operations by using the interim procedures currently in place.
16
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\14\ See Letter from Richard Parlow, Associate Administrator,
Office of Spectrum Management, NTIA to Richard Smith, Chief, Office
of Engineering and Technology, FCC, dated March 5, 1997, at para.
iv, v.
\15\ See Appendix A, amended rule 47 CFR 101.147(r)(10).
\16\ Supra para. 3.
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14. To effectuate the transition of DEMS licensees from 18 GHz to
24 GHz, we are amending our rules to require incumbent DEMS licensees
to cease operations using the 18 GHz band in the Denver and Washington
areas immediately upon the effective date of our amended rules.
17 In all other areas, incumbent DEMS licensees must cease
operations not later than January 1, 2001. The amended rules reflect
the current provisions of Part 101 governing existing DEMS licensing
and operations with certain revisions necessary to effect the
relocation of these licensees to 24 GHz, for example, frequency band
and channel bandwidth. The purpose of these revisions is to ensure
that, to the fullest extent practicable, incumbent DEMS operations are
able to provide service using frequencies in the 24 GHz band in a
manner equivalent to their operations in the 18 GHz band. To implement
these changes, we are also exercising our authority under section 316
of the Communications Act to modify licenses. 18 All DEMS
licenses for the 18 GHz band will be modified as described above as
well as to authorize operations in the 24 GHz band. These modifications
will be effected by separate action by the Wireless Telecommunications
Bureau. None of these revisions is intended otherwise to alter, modify,
expand, or change in any material way the authorizations provided to
incumbent DEMS licensees under the terms of their current licenses.
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\17\ These areas are defined by a circle with a radius of 150 km
from 38 deg.48' N and 76 deg.52' W (Washington, D.C., area) and a
circle with a radius of 150 km from 39 deg.43' N and 104 deg.46' W
(Denver, Colorado, area).
\18\ Licensees will be afforded the 30 day protest period,
pursuant to the statute. However, due to the consensual nature of
this relocation, we do not anticipate any objections to the proposed
license modifications.
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15. The only current operations in the United States in the 24 GHz
band are two radionavigation radar facilities operated by the FAA.
These are located near Washington, D.C. and Newark, New Jersey. These
facilities are scheduled to be decommissioned as of January 1, 1998 and
January 1, 2000, respectively. Accordingly, DEMS operations at 24 GHz
will be required to protect these facilities until the decommissioning
dates. The FAA, NTIA, FCC, and affected licensees will coordinate to
assure compatible operations in these areas. However, we do not
anticipate the protection criteria as to unduly limit DEMS operations,
especially in view of near term decommissioning. 19 We also
note that there are NASA operations in the adjacent band that must be
considered. 20 Also, operations in United States border
areas will be subject to coordination with Canada and Mexico, as
necessary.
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\19\ See Letter from Richard Parlow, Associate Administrator,
Office of Spectrum Management, NTIA to Richard Smith, Chief, Office
of Engineering and Technology, FCC, dated March 5, 1997.
\20\ We have adopted limitations on out-of-band emissions which
we believe are sufficient to afford any necessary protection. See
also Letter from Richard Parlow, Associate Administrator, Office of
Spectrum Management, NTIA, to Richard Smith, Chief, Office of
Engineering and Technology, FCC, dated May 14, 1996 (NTIA making
certain changes in the Table of Frequency Allocations concerning
these services and suggesting that the FCC do the same). We intend
to consider such changes to the Table of Frequency Allocations in a
future proceeding.
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16. In that this Order resolves conflicts surrounding the use of
the 18 GHz band, we believe that we can now rescind our action in the
18 GHz Freeze Order and substitute the following. We will grant the
pending applications that have passed both the 30-day Public Notice
period and the 60 day competing application cut-off period and for
which there are no mutually exclusive competing applications. We will
also grant the pending applications for nodal stations within markets
for which a license exists. The licenses granted will permit operations
at 18 GHz until the year 2001 and at 24 GHz for the term of the
license. New facilities will be permitted only to the extent they are
consistent with current authorizations, except that in the Denver and
Washington areas, no new facilities, or modifications to existing
facilities, will be permitted. No applications for new 18 GHz DEMS
facilities will be accepted for filing. Future licensing in the 24 GHz
band will be addressed in a subsequent rulemaking.
17. With regard to the applications that were pending at the time
of the 18 GHz freeze but had not passed the 60-day cut-off period for
competing applications because of the freeze on the filing of new
applications, we believe that it is appropriate and equitable to
dismiss them. These applications are not ripe for processing because we
cannot predict whether competing applications would have been filed.
Furthermore, in view of our decision to move DEMS operations to the 24
GHz band, it is unnecessary to retain these applications in a pending
status in that we are not in the process of establishing new rules for
the continued operation of DEMS at 18 GHz.
IV. Procedural Matters
18. Based on the representations of NTIA that the relocation is
essential to fulfill requirements for Government military space systems
to perform satisfactorily,21 we are amending the Table of
Allocations in Part 2 of the rules to include the Fixed service in the
24.25-24.45 and 25.05-25.25 GHz bands and making other changes in our
rules necessary to relocate DEMS systems to the 24 GHz band on a
nationwide basis. The rules adopted in this order therefore involve the
exercise of military functions of the United States in that they ensure
the Government's current and future ability to operate military space
systems in the 18 GHz frequency band. In addition, to the extent that
any additional frequencies are being reallocated, these measures are
necessary to ensure that DEMS service providers continue to be able to
provide nationwide service. We believe that it would not be practical
to have DEMS operating in two bands on a long term basis because of the
complications involved with coordinating with the Government Earth
stations, inconvenience to subscribers, and coordination with NGSO/FSS
[[Page 24580]]
operations. Therefore, based on national security needs and because
notice and public comment and procedures are otherwise, for good cause
shown, unnecessary and contrary to the public interest, notice and
comment procedures need not be followed prior to adoption of these
rules. See 5 U.S.C. 553 (a)(1), (b)(3)(B); Bendix Aviation Corp. v.
F.C.C., 272 F.2d 533 (D.C. Cir. 1959), cert. denied sub nom.
Aeronautical Radio, Inc. v. U.S., 361 U.S. 965 (1960).
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\21\ See Letter from Richard Parlow, Associate Administrator,
Office of Spectrum Management, NTIA, to Richard Smith, Chief, Office
of Engineering and Technology, FCC, dated January 7, 1997.
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V. Ordering Clauses
19. Accordingly, it is ordered that Parts 1, 2, and 101 of the
Commission's Rules ARE AMENDED as specified below, effective June 5,
1997. This action is authorized by Sections 4(i), 303(c), 303(f), and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Section
154(i), 303(c), 303(f), and 303(r).
20. It is further ordered that all DEMS licenses for the 18 GHz
band that include service in an area within 150 km of the coordinates
38 deg.48' N/76 deg.52' W (Washington, D.C area) and 39 deg.43' N/
104 deg.46' W (Denver, CO area) will be modified so as to prohibit
operations in those areas on those frequencies at midnight on the
effective date of the rules adopted herein. Furthermore, all DEMS
licenses for the 18 GHz band will be modified to expire on midnight of
January 1, 2001 so as to prohibit operations on those frequencies
beyond that date. All DEMS licenses will be modified to permit
operations in the 24 GHz band for the remainder of their license term
and consistent with the rules applicable in the 24 GHz band. Incumbent
licensees will have 30 days from the date of release of this Order to
protest the license modification consistent with Section 316 of the
Communications Act of 1934, as amended. The Chief, Wireless
Telecommunications Bureau, is instructed to notify the incumbent DEMS
licensees of this Order on the release date pursuant to Section 1.87 of
the Commission's Rules.
21. It is further ordered that licenses for low power systems in
the 18 GHz band will be modified to prohibit any new low power
operations within 55 km when used outdoor and 20 km when used indoor of
the coordinates 38 deg.48' N and 76 deg.52' W (Washington, D.C., area)
and 39 deg.43' N and 104 deg.46' W (Denver, Colorado, area). Incumbent
licensees will have 30 days from the date of release of this Order to
protest the license modification consistent with Section 316 of the
Communications Act of 1934, as amended. The Chief, Wireless
Telecommunications Bureau, is instructed to notify the incumbent low
power licensees of this Order on the release date pursuant to section
1.87 of the Commission's Rules.
22. It is further ordered that, pending adoption of a future order
consistent with NTIA's request for permanent coordination criteria
concerning all non-Government operations in the 18 GHz band, we will
continue to protect Government operations from non-Government
operations not covered by this Order by using the interim procedures
currently in place.
DEMS Relocation Technical Description
We have reviewed the operations and proposed operations of
incumbent 18 GHz DEMS licensees and evaluated the changes that would be
necessary to provide equivalent operations at 24 GHz. Differences in
propagation, rain attenuation, and available equipment at 18 GHz,
compared to 24 GHz, will require the licensees to use different
modulation and will affect the ability of operators to dynamically
assign channels to users. Assuming use of similar equipment in all
other respects including transmit power, systems at 24 GHz will require
approximately four times the bandwidth as at 18 GHz to maintain
equivalent capacity and coverage. Specifically, based on a typical cell
with a radius of 5 km and for a typical U.S. climate, there is an
additional 11.8 dB of loss due to propagation and rain attenuation at
24 GHz compared to 18 GHz based on a reliability of 99.99%.
To provide for as rapid a transition as possible, as requested by
NTIA, we have performed an analysis based on the use of the same or
similar equipment to the extent possible. Based on this assumption,
existing licensees will not be able to compensate for losses in the
link budget merely by increasing transmitter power. Instead, changes in
system operation will be required to achieve a reliable link comparable
to that available at 18 GHz. Some benefit is realized by using the same
antenna at the higher frequency. This provides 2.3 dB of additional
gain at 24 GHz compared to 18 GHz. If licensees are to maintain the
same cell coverage area, the remaining loss must be made up by changes
in modulation and system operation. Current systems use 16-TCM (\3/4\)
modulation, but have the capability to use QPSK (\1/2\). Using QPSK
rather than 16-TCM to serve user stations at the edge of the cell
recovers 7 dB of the loss. The information capacity, however, is
reduced by a factor of three (3). The additional path loss must be
recouped by eliminating the dynamic bandwidth allocation planned by
current licensees. Dynamic bandwidth allocation allows the DEMS systems
to dynamically change the bandwidth available to a user based on actual
demand at any given time. Fixing the amount of spectrum available to a
user provides an additional 4 dB in the link budget over dynamic
operations. Eliminating the efficiencies inherent in dynamically
allocating spectrum, however, results in a significant reduction in
system capacity. The exact reduction in capacity varies with parameters
assumed for a typical system. Taken together, the changes in system
operations necessary to compensate for greater losses at 24 GHz
compared to 18 GHz result in a loss in system capacity in excess of
four times the capacity at 18 GHz.
It is not necessary, however, to implement these changes in all
areas of the cell. The changes are only necessary to maintain reliable
coverage to the edge of a typical 5 km cell. We expect that, to the
extent possible, licensees will maximize system capacity by maintaining
the efficiencies planned for 18 GHz. Accordingly, we calculated the net
effect on system capacity by considering the impact on information for
any changes necessary to maintain a reliable link weighted by the area
in which those changes would be necessary. Taking these factors into
consideration, the information capacity at 24 GHz is approximately one-
fourth that at 18 GHz, for a similar system with the same reliability
and coverage. As a result, channels at 24 GHz will be four times those
at 18 GHz.
List of Subjects
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 2
Radio.
47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
For the reasons set out in the preamble, Parts 1, 2, and 101 of
Title 47 of the Code of Federal Regulations are amended as set forth
below.
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for Part 1 continues to read as follows:
[[Page 24581]]
Authority: 15 U.S.C. 79 et seq., and 47 U.S.C. 151, 154(i),
154(j), and 303(r).
Sec. 1.825 [Amended]
2. In Sec. 1.825 remove paragraph (b) and remove the paragraph
designation (a).
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for Part 2 continues to read as follows:
Authority: Sec. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307,
unless otherwise noted.
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
a. Remove the entries for 24.25-24.45 GHz and 24.75-25.25 GHz;
b. Add entries for 24.25-24.45 GHz, 24.75-25.05, and 25.05-25.25
GHz;
c. In the International Footnotes under heading I., add footnotes
S5.534 and S5.535;
d. In the International Footnotes under heading II., remove
footnote 882G; and
e. Add new footnote US341.
The additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
International table United States table FCC use designators
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Government Non-
Region 2-- Region 3-- --------------- Government
Region 1-- allocation GHz allocation GHz --------------- Rule Special-use
allocation GHz Allocation Allocation part(s) frequencies
GHz GHz
(1) (2) (3) (4) (5) (6) (7)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
24.25-24.45 24.25-24.45 24.25-24.45 24.25-24.45 24.25-24.45
FIXED RADIONAVIGATION RADIONAVIGATION ............. RADIONAVIGATI AVIATION
FIXED ON (87)
MOBILE FIXED FIXED
MICROWAVE
(101)
................ ................ US341 US341
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
24.75-25.05 24.75-25.05 24.75-25.05 24.75-25.05 24.75-25.05
FIXED FIXED-SATELLITE FIXED RADIONAVIGATI RADIONAVIGATI AVIATION
(Earth-to- FIXED-SATELLITE ON ON (87)
space) S5.535 (Earth-to-
space) S5.535
MOBILE
S5.534
----------------------------------------------------------------------------------------------------------------
25.05-25.25 25.05-25.25 25.05-25.25 25.05-25.25 25.05-25.25
FIXED FIXED-SATELLITE FIXED ............. RADIONAVIGATI AVIATION
(Earth-to- FIXED-SATELLITE ON (87)
space) S5.535 (Earth-to- FIXED FIXED
space) S5.535 MICROWAVE
MOBILE (101)
S5.534
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
International Footnotes
* * * * *
I. New ``S'' Numbering Scheme
* * * * *
S5.534 Additional allocation: in Japan, the band 24.65-25.25
GHz is also allocated to the radionavigation service on a primary
basis until 2008.
S5.535 In the band 24.75-25.25 GHz, feeder links to stations of
the broadcasting-satellite service shall have priority over other
users in the fixed-satellite service (Earth-to-space). Such other
users shall protect and shall not claim protection from existing and
future operating feeder-link networks to such broadcasting satellite
stations.
* * * * *
United States (US) Footnotes
* * * * *
US341 Non-government operations in the 24.25-24.45 GHz band
must provide protection to FAA radionavigation radar facilities near
Washington, D.C., and Newark, New Jersey, until January 1, 1998, and
January 1, 2000, respectively. Protection will be afforded in
accordance with criteria developed by the F.C.C. and N.T.I.A.
* * * * *
PART 101--FIXED MICROWAVE SERVICES
1. The authority citation for Part 101 continues to read as
follows:
Authority: 47 U.S.C. 154, 303.
2. In Section 101.13, paragraph (c) is amended by revising the
first sentence to read as follows:
Sec. 101.13 Application forms and requirements for private operational
fixed stations.
* * * * *
(c) A separate Form 402 for point-to-multipoint frequencies in the
10.6, 18 GHz and 24 GHz bands must be filed for each Nodal Station
except for operations consistent with Sec. 101.147. * * *
* * * * *
[[Page 24582]]
3. Section 101.45 is amended by adding a new paragraph (h) to read
as follows:
Sec. 101.45 Mutually exclusive applications.
* * * * *
(h) Renewal applications will not be included in a random selection
process.
Sec. 101.49 [Removed]
4. Section 101.49 is removed.
5. In Sec. 101.59, paragraphs (b)(1), (c)(1)(i) and (c)(2)(i) are
revised; paragraph (c)(2)(ii) is removed; and paragraph (c)(2)(iii) is
redesignated as paragraph (c)(2)(ii), to read as follows:
Sec. 101.59 Processing of applications for facility minor
modifications.
* * * * *
(b) * * *
(1) It is in the Private Operational Fixed Point-to-Point
Microwave, Common Carrier Fixed Point-to-Point Microwave, or Local
Television Transmission Services;
* * * * *
(c) * * *
(1) * * *
(i) Any increase in equivalent isotropically radiated power is less
than 3 dB over the previously authorized output power;
* * * * *
(2) * * *
(i) Any increase in antenna height is less than 3.0 meters (10
feet) above the previously authorized height;
* * * * *
6. Section 101.101 is amended by adding an entry to the table to
read as follows:
Sec. 101.101 Frequency availability.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Frequency band (MHz) Radio service
--------------------------------------------------------------------------------------------------------------------------------------------------------
Common carrier (Part Private radio (Part Broadcast auxilliary Other (Parts 15, 21,
101) 101) (Part 74) 24, 25, 74, 78 & 100) Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
24,250-25,250..................... DEMS DEMS
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
7. In Sec. 101.109, paragraph (c) is amended by adding an entry to
the table to read as follows:
Sec. 101.109 Bandwidth.
* * * * *
(c) * * *
------------------------------------------------------------------------
Maximum authorized
Frequency band (MHz) bandwidth
------------------------------------------------------------------------
24,250-25,250............................... 40 MHz
------------------------------------------------------------------------
* * * * *
8. In Sec. 101.111, the introductory text of paragraph (a)(4) is
revised to read as follows:
Sec. 101.111 Emission limitations.
(a) * * *
(4) For Digital Termination System channels used in the Digital
Electronic Message Service (DEMS) operating in the 17,700-19,700 and
24,250-25,250 MHz bands:
* * * * *
9. In Sec. 101.113, paragraph (a) is amended by adding an entry to
the table to read as follows:
Sec. 101.113 Transmitter power limitations.
(a) * * *
------------------------------------------------------------------------
Maximum allowable EIRP 1, 2
Frequency band (MHz) -------------------------------------
Fixed (dBW) Mobile (dBW)
------------------------------------------------------------------------
* * * * *
24,250-25,250..................... +55
* * * * *
------------------------------------------------------------------------
\1\ Per polarization.
\2\ For multiple address operations, see Sec. 101.147. Remote alarm
units that are part of a multiple address central station protection
system are authorized a maximum of 2 watts.
* * * * *
10. In Sec. 101.115, paragraph (c) is amended by adding the entries
to the table to read as follows:
Sec. 101.115 Directional antennas.
* * * * *
(c) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum Minimum radiation suppression to angle in degrees from centerline of main
beam beam in decibels
width to Minimum ----------------------------------------------------------------------------
3 dB antenna
Frequency (MHz) Category points gain 10 deg. 15 deg. 20 deg. 30 deg. 100 deg. 140 deg.
\1\ (dbi) 5 deg. to to 15 to 20 to 30 to 100 to 140 to 180
(included 10 deg. deg. deg. deg. deg. deg. deg.
angles in
--------------------------------------------------------degrees)----------------------------------------------------------------------------------------
* * * * * * *
24,250 to 25,250 \10\............... A 2.2 38 25 29 33 36 42 55 55
B 2.2 38 20 24 28 32 35 36 36
* * * * * * *
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the
elevation planes.
[[Page 24583]]
\10\ DEMS User Stations antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBI. The maximum beamwidth
requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards.
* * * * *
11. In Sec. 101.141, the introductory text of paragraph (a) is
revised to read as follows:
Sec. 101.141 Microwave modulation.
(a) Microwave transmitters employing digital modulation techniques
and operating below 19.7 GHz and in the 24.25-25.25 GHz band must, with
appropriate multiplex equipment, comply with the following additional
requirements:
* * * * *
12. In Sec. 101.147, paragraph (a) is amended by adding an entry to
the listing; revising paragraph (r) heading, paragraph (r)(9)
introductory text, and the first two sentences of paragraph (r)(10);
and adding new entries to the table in paragraph (r)(9), to read as
follows:
Sec. 101.147 Frequency assignments.
(a) * * *
* * * * *
24,250-25,250 MHz
* * * * *
(r) 17,700 to 19,700 and 24,250 to 25,250 MHz. * * *
* * * * *
(9) The following frequencies are available for point-to-multipoint
DEMS Systems, except that channels 35-39 are available only to existing
18 GHz DEMS licensees as of March 14, 1997. Systems operating on
Channels 25-34 must cease operations as of January 1, 2001, except that
those stations on these channels within 150 km of the coordinates
38 deg.48' N/76 deg.52' W (Washington, D.C., area) and 39 deg.43' N/
104 deg.46' W (Denver, Colorado, area) must cease operations as of June
5, 1997:
------------------------------------------------------------------------
Nodal station User station
Channel No. frequency band frequency band
(MHz) limits (MHz) limits
------------------------------------------------------------------------
* * * * *
35............................ 24,250-24,290...... 25,050-25,090
36............................ 24,290-24,330...... 25,090-25,130
37............................ 24,330-24,370...... 25,130-25,170
38............................ 24,370-24,410...... 25,170-25,210
39............................ 24,410-24,450...... 25,210-25,250
------------------------------------------------------------------------
* * * * *
(10) Special provision for low power systems in the 17,700-19,700
MHz band: Notwithstanding other provisions in this rule part and except
for specified areas around Washington, D.C., and Denver, Colorado,
licensees of point-to-multipoint channel pairs 25-29 identified in
paragraph (r)(9) of this section may operate multiple low power
transmitting devices within a defined service area. New operations are
prohibited within 55 km when used outdoor and within 20 km when used
indoor of the coordinates 38 deg.48' N/76 deg.52' W and 39 deg.43' N/
104 deg.46' W. * * *
* * * * *
13. Section 101.501 is revised to read as follows:
Sec. 101.501 Eligibility.
In that DEMS operations will be transitioned to the 24 GHz band,
applications for new facilities using the 18 GHz channels identified in
Sec. 101.147(r)(9) are not acceptable for filing as of June 5, 1997.
14. Section 101.505 is revised to read as follows:
Sec. 101.505 Frequencies.
Frequencies, and the conditions on which they are available, for
DEMS operations are contained in this subpart as well as in
Sec. 101.147(r)(9) of subpart C of this part.
15. Section 101.507 is revised to read as follows:
Sec. 101.507 Frequency stability.
The frequency stability in the 17,700-19,700 and 24,250-25,250 MHz
bands must be 0.001% for each DEMS Nodal Station
transmitter and 0.003% for each DEMS User Station
transmitter.
16. In Sec. 101.509, the introductory text of paragraph (c) is
revised to read as follows:
Sec. 101.509 Interference protection criteria.
* * * * *
(c) The following interference studies, as appropriate, must be
included in DEMS Nodal Station applications to the extent they are
provided for in this subpart:
* * * * *
[FR Doc. 97-11768 Filed 5-5-97; 8:45 am]
BILLING CODE 6712-01-P
