[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Rules and Regulations]
[Pages 10778-10780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5465]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 101
[WT Docket No. 94-148 and CC Docket No. 93-2; DA 98-349]
Conditional Authorization Authority to Common Carrier and Private
Operational Fixed Microwave Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This action amends Sec. 101.31 of the fixed microwave service
rules to provide for conditional authority in the 10.6-10.68 GHz band
(``10 GHz band'') under certain circumstances. The effect of this rule
is that licensees will be able to provide service in the 10 GHz band in
an expedited manner and will have greater flexibility in coordinating
and consolidating construction efforts. This action eliminates a source
of regulatory delay and will allow for more rapid delivery of 10 GHz
band microwave services to the marketplace.
[[Page 10779]]
EFFECTIVE DATE: March 5, 1998.
FOR FURTHER INFORMATION CONTACT: Shaun Maher of the Commission's
Wireless Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION:
1. This is a summary of the Commission's Order to modify
Sec. 101.31(e) of the Commission's rules to provide for conditional
authorization in the 10.6-10.68 GHz band (``10 GHz band'') under
certain circumstances.
2. On February 8, 1996, the Commission adopted its Report and Order
in WT Docket No. 94-148, (61 FR 26670, May 28, 1996) in which it
simplified and consolidated its rules for the common carrier and
private operational fixed microwave services and, among other things,
extended conditional authorization authority to both common carrier and
private operational fixed microwave services generally, with a few
limited exceptions. This allowed fixed microwave licensees to construct
and begin operating their facilities prior to receiving an
authorization. This conditional authorization authority was not made
available for: (1) The 10 GHz band, (2) the 17.7-19.7 GHz band in the
states of Colorado, Maryland, and Virginia and the District of
Columbia, and (3) the 21.2-23.6 GHz band (``23 GHz band'') for
operations with an effective radiated power (ERP) greater than 55 dBm.
These bands are allocated for both Government and non-Government users
and, as a result, these frequencies are subject to coordination between
the Commission and the National Telecommunications and Information
Administration (NTIA). In the Report and Order, the Commission
delegated authority to its Wireless Telecommunications Bureau (WTB) and
its Office of Engineering and Technology (OET) to modify the rule
regarding conditional authorization, if appropriate, once the
Commission and NTIA reached an agreement regarding coordination of
these frequencies.
3. On January 21, 1998, the Commission reached agreement with NTIA
and received a Memorandum from NTIA concerning conditional
authorization in the 10 GHz band which lists specific geographic
locations where prior coordination with NTIA will be required before
grant of FCC authorizations covering non-Government operations in the
10 GHz band. The NTIA Memorandum states that, for non-Government
facilities only operating outside these geographic areas, coordination
with NTIA will not be necessary. In addition, NTIA requests that the
appropriate revisions be made to the Commission's rules to reflect the
coordination requirements set forth in its Memorandum.
4. We hereby modify Sec. 101.31 of the Commission's rules to permit
conditional authorization in the 10 GHz band under the specific
circumstances stated in the NTIA Memorandum. Entities will have
conditional authorization authority for operations in the 10 GHz band
in areas other than those specified in the NTIA Memorandum. Under this
conditional authorization procedure, an applicant for the 10 GHz band
will be allowed to operate while its formal license application(s) is
being processed provided that it certifies that the following
conditions are satisfied: (1) It has successfully completed the
frequency coordination process pursuant to Sec. 101.103(d) of the
Commission's rules; (2) the station's operation will have no
significant environmental impact; (3) grant of the application does not
require a waiver of the Commission's rules; (4) the proposed facilities
do not lie within 56.3 kilometers of any international border; (5) the
antenna structure(s) has been previously studied by the Federal
Aviation Administration (FAA) and determined to pose no hazard to
aviation safety as required by subpart B of part 17 of the Commission's
rules; or, if not previously studied by the FAA and cleared by the FCC,
the antenna or tower structure does not exceed 6.1 meters above ground
level or above an existing man-made structure (other than an antenna
structure); and (6) the filed application is consistent with the
proposal that was coordinated pursuant to Sec. 101.103 of the
Commission's rules. However, an applicant operating under such
conditional authorization must cease operation immediately upon
notification by the Commission if, for example, it is determined that
the applicant has not met the above-outlined criteria.
5. Accordingly, the Commission's rules Are Hereby Modified as set
forth in the final rules, effective upon publication of this Order in
the Federal Register.
6. This action is taken pursuant to delegated authority under
Secs. 0.331 and 0.241 of the Commission's Rules, 47 CFR 0.331 and
0.241, and pursuant to the Report and Order in WT Docket No. 94-148.
List of Subjects in 47 CFR Part 101
Communications equipment, Radio.
Federal Communications Commission.
Daniel B. Phythyon,
Chief, Wireless Telecommunications Bureau.
Richard M. Smith,
Chief, Office of Engineering and Technology.
Rule Changes
Part 101 of title 47 of the Code of Federal Regulations is amended
as follows:
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. Section 101.31 is amended by revising paragraphs (e)(1)(vi) and
(vii) and adding a new paragraph (viii) to read:
Sec. 101.31 Special temporary, temporary, and conditional
authorizations.
* * * * *
(e) Conditional authorization.
(1) * * *
(vi) If operated on frequencies in the 10.6-10.68 GHz band, the
station site does not lie within any of the following regions:
[[Page 10780]]
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Dimensions=radius in
Name of region kilometers Center-point
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Kitt Peak, Arizona.................. 60 N31-57-22; W111-36-42
Big Pine, California................ 60 N37-13-54; W118-16-34
Vandenburg AFB, California.......... 75 N34-43-00; W120-34-00
Denver, Colorado.................... 150 N39-43-00; W104-46-00
Washington, DC...................... 150 N38-48-00; W76-52-00
Eglin AFB, Florida.................. 50 N30-29-00; W86-32-00
Mauna Kea, Hawaii................... 60 N19-48-16; W155-27-29
North Liberty, Iowa................. 60 N41-46-17; W91-34-26
Maryland Point, Maryland............ 60 N38-22-26; W77-14-00
Hancock, New Hampshire.............. 60 N42-56-01; W71-59-12
Los Alamos, New Mexico.............. 60 N35-46-30; W106-14-42
Pie Town, New Mexico................ 60 N34-18-04; W108-07-07
Socorro, New Mexico................. 160 N34-04-43; W107-37-04
WSMR, New Mexico.................... 75 N32-23-00; W106-29-00
Minot AFB, North Dakota............. 80 N48-15-00; W101-17-00
Arecibo, Puerto Rico................ 160 N18-20-37; W66-45-11
Fort Davis, Texas................... 60 N30-38-06; W103-56-39
St. Croix, Virgin Islands........... 60 N17-45-31; W64-35-03
Brewster, Washington................ 60 N48-07-53; W119-40-55
Green Bank, West Virginia........... 160 N38-25-59; W79-50-24
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(vii) The filed application(s) does not propose to operate in the
21.2-23.6 GHz band with an E.R.P. greater than 55 dBm pursuant to
Sec. 101.147(s); and
(viii) The filed application(s) is consistent with the proposal
that was coordinated pursuant to Sec. 101.103.
* * * * *
[FR Doc. 98-5465 Filed 3-4-98; 8:45 am]
BILLING CODE 6712-01-P
