[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45891-45893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21765]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 101
[FCC 99-179--ET Docket No. 95-183]
37.0-38.6 GHz and 38.6-40.0 GHz Bands
AGENCY: Federal Communications Commission.
ACTION: Final rules.
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SUMMARY: The Commission concludes that licensing the 39 GHz band by
Economic Areas (EAs), rather than Basic Trading Areas (BTAs), will
provide ample population coverage and allow licensees the flexibility
to provide many different types of services. This action was taken upon
the Commission's own motion after consideration of Rand McNally's
copyright interest in BTAs and the possible delays that this might
cause to the 39 GHz licensing process. The Commission also concludes
that it is in the public interest to allow licensees to partition along
any licensee-defined service area. This action was taken in response to
a petition for reconsideration of the Commission's earlier action in
this proceeding allowing partitioning according to county boundaries or
geo-political subdivisions. Finally, the Commission decides to exempt
39 GHz licensees from a build-out requirement of mandatory operation
with 18 months from the initial date of grant. This action was taken
because there is a new performance requirement of a substantial service
showing for 39 GHz licensees. These amended rules will provide 39 GHz
licensees with more flexibility in the use of their licenses.
DATES: Effective October 22, 1999. Written comments by the public on
the proposed information collection are due October 22, 1999. Written
comments must be submitted to the Office of Management and Budget on
the proposed information collection on or before October 22, 1999.
ADDRESSES: Federal Communications Commission, 445 Twelfth Street, S.W.,
Room 4-C207, Washington, DC 20554. A copy of any comments on the
information collection contained herein should be submitted to Judy
Boley, Federal Communications Commission, 445 Twelfth Street, S.W.,
Room 1-C804, Washington, DC 20554 or via the Internet to
jboley@fcc.gov; and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725
Seventeenth Street, N.W., Washington, DC 20503 or via the Internet to
fain__t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Jennifer Burton, Wireless
Telecommunications Bureau, Public Safety and Private Wireless Division,
Policy and Rules Branch, (202) 418-0680. TTY: (202) 418-7233. For
further information concerning the information collection contained in
the Memorandum Opinion and Order, contact Judy Boley at (202) 418-0215
or via the Internet to jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order (MO&O), ET Docket No. 95-183, FCC 99-179,
adopted July 14, 1999, and released on July 29, 1999. This Memorandum
Opinion and Order reaffirms the Commission's decision to dismiss,
without prejudice, the following applications: (1) all pending mutually
exclusive 39 GHz applications where mutual exclusivity was not resolved
by December 15, 1995; (2) all major modification applications and
amendments filed on or after November 13, 1995; and (3) all amendments
to resolve mutual exclusivity filed on or after December 15, 1995. It
also states that the Commission will process all 39 GHz applications
that were not mutually exclusive with previously filed applications as
of December 15, 1995, that conform in all aspects to our rules and all
associated amendments of right filed before December 15, 1995, where
such applications have satisfied the 30-day public notice requirement,
even if they have not been subject to the full 60-day window during
which competing mutually exclusive applications may be filed. The
Commission will dismiss, without prejudice, all 39 GHz applications
that did not meet the 30-day public notice requirement as of November
13, 1995. This conforms with section 101.37(c) of the Commission's
Rules, which states
[[Page 45892]]
that the Commission may process an application no earlier than 30 days
after it has been placed on public notice. In this Memorandum Opinion
and Order, the Commission reconsiders the service area definitions for
the 39 GHz band and decides to license all channel blocks in the 39 GHz
band using Economic Areas (EAs). The use of EAs will provide ample
population coverage and allow licensees the flexibility to provide many
different types of services. The Commission states that it will retain
the channelization plan set forth earlier in this proceeding. The
current allocation for the 39 GHz segment of the band contains both
fixed and satellite services. The Commission also states that
consistent with the new Part 1 rules governing applications for license
renewal provided in section 1.949 of the Commission's Rules, 39 GHz
licensees seeking renewal of station authorizations must file
applications no later than the expiration date of the authorization for
which renewal is sought, and no sooner than 90 days prior to the date
of license expiration. The Commission reiterates that various types of
antennas may be used in the 39 GHz band because Category A directional
antenna may be too restrictive to fulfill the requirements of diverse
system configurations in the 39 GHz band. It clarifies that Category A
and B radiation pattern requirements do not apply to wide-beam
antennas, such as omni-directional and sectored antennas. The
Commission decides that it is in the public interest to retain the
interim rule that (1) neighboring co-channel and adjacent channel
licensees must coordinate within 16 kilometers of an adjacent service
area boundary, and (2) licensees that receive coordination
notifications must respond within ten days. It will amend section
101.56(a)(1) of the Commission's Rules to allow licensees to partition
along any licensee defined service area. The Commission decided that
allowing partitioning according to county boundaries or geo-political
subdivisions was too restrictive. In this Memorandum Opinion and Order,
the Commission also states that consistent with the Part 1 competitive
bidding provision contained in section 1.2111(e) of the Commission's
Rules, unjust enrichment payments for 39 GHz licensees that obtain a
bidding credit at auction, and subsequently partition or disaggregate
to an entity that would not have qualified for such a credit, will be
calculated on a pro rata basis, using population to determine the
relative value of the partitioned area, the amount of spectrum
disaggregated to determine the relative value of the disaggregated
spectrum, and some combination thereof for combined partitioning and
disaggregation. Finally, the Commission dismisses as moot the Emergency
Request for Stay that was filed in connection with one of the petitions
for reconsideration. The complete text of this Memorandum Opinion and
Order may be purchased from the Commission's copy contractor,
International Transcription Services, 1231 20th Street, N.W.,
Washington, DC 20036, telephone (202) 857-3800, facsimile (202) 857-
3805. Alternative formats (computer diskette, large print, audio
cassette, and Braille) are available to persons with disabilities by
contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at
mcontee@fcc.gov. The full text of the Memorandum Opinion and Order is
available for inspection and copying during normal business hours in
the FCC Reference Center, 445 Twelfth Street, S.W., Room CY-A257,
Washington, D.C. 20554. The full text of the Memorandum Opinion and
Order can also be downloaded at: http://www.fcc.gov/Bureaus/Wireless/
Orders/1999/fcc99138.txt or http://www.fcc.gov/Bureaus/Wireless/Orders/
1999/fcc99138.wp.
Paperwork Reduction Act Analysis
This Memorandum Opinion and Order contains either a new or modified
information collection. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public to
comment on the information collections contained in this Memorandum
Opinion and Order as required by the Paperwork Reduction Act of 1995,
Pub. L. No. 104-13. Public and agency comments are due 60 days from
date of publication of this Memorandum Opinion and Order in the Federal
Register. Comments should address: (a) whether the new or modified
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
burden estimates; (c) ways to enhance the quality, utility, and clarity
of the information collected; and (d) ways to minimize the burden of
the collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology.
OMB Approval Number: 3060-0690.
Title: Rules regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands.
Form No.: Forms 415/415T.
Type of Review: Revision of currently approved collection.
Respondents: Businesses.
Number of Respondents: 5000.
Estimated time per response: 15.125.
Total annual burden: 75,625.
Total annual cost: 5,000,000.
Needs and Uses: The collection of information is necessary because
of the amendments of the Commission's Rules regarding the 37.0-38.6 GHz
and 38.6-40.0 GHz bands in ET Dck No. 95-183. The rules implement use
of a channeling plan, and licensing and technical rules for fixed
point-to-point microwave operations in these bands, while also
modifying the rules to make the technical rules consistent in both
bands. The information is used by the Commission staff to provide
adequate point-to-point microwave spectrum, which will facilitate
provision of communications infrastructure for commercial and private
mobile radio operation and competitive wireless local telephone
service. Without this information, the Commission would not be able to
carry out its statutory responsibilities.
List of Subjects in 47 CFR Parts 1 and 101
Radio, communications equipment.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR Parts 1 and 101 as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for Part 1 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended: 47
U.S.C. Sections 154, 303: Implement, 5 U.S.C. Sections 552 and 21
U.S.C. 853a, unless otherwise noted.
PART 101--FIXED MICROWAVE SERVICES
2. The authority citation for Part 101 continues to read as
follows:
Authority: Sec. 4 and 303 of the Communications Act of 1934, as
amended, 47 U.S.C. Sections 154 and 303, unless otherwise noted.
3. Sec. 101.17 is amended by revising paragraph (a) to read as
follows:
Sec. 101.17 Performance requirements for the 38.6-40.0 GHz frequency
band.
(a) All 38.6-40.0 GHz band licensees must demonstrate substantial
service at the time of license renewal. A licensee's substantial
service showing should
[[Page 45893]]
include, but not be limited to, the following information for each
channel for which they hold a license, in each EA or portion of an EA
covered by their license, in order to qualify for renewal of that
license. The information provided will be judged by the Commission to
determine whether the licensee is providing service which rises to the
level of ``substantial.''
* * * * *
4. Sec. 101.56 is amended by revising paragraphs (a)(1), (b), (d),
(f), (g), (h), and (i) to read as follows:
Sec. 101.56 Partitioned Services Areas (PSAs) and Disaggregated
Spectrum
(a)(1) The holder of an EA authorization to provide service
pursuant to the competitive bidding process and any incumbent licensee
of rectangular service areas in the 38.6-40.0 GHz band may enter into
agreements with eligible parties to partition any portion of its
service area as defined by the partitioner and partitionee.
Alternatively, licensees may enter into agreements or contracts to
disaggregate any portion of spectrum, provided acquired spectrum is
disaggregated according to frequency pairs.
* * * * *
(b) The eligibility requirements applicable to EA authorization
holders also apply to those individuals and entities seeking
partitioned or disaggregated spectrum authorizations.
* * * * *
(d)(1) When any area within an EA becomes a partitioned service
area, the remaining counties and geopolitical subdivision within that
EA will be subsequently treated and classified as a partitioned service
area.
(2) At the time an EA is partitioned, the Commission shall cancel
the EA authorization initially issued and issue a partitioned service
area authorization to the former EA authorization holder.
* * * * *
(f) The duties and responsibilities imposed upon EA authorization
holders in this part, apply to those licensees obtaining authorizations
by partitioning or spectrum disaggregation.
(g) The build-out requirements for the partitioned service area or
disaggregated spectrum shall be the same as applied to the EA
authorization holder.
(h) The license term for the partitioned service area or
disaggregated spectrum shall be the remainder of the period that would
apply to the EA authorization holder.
(i) Licensees, except those using bidding credits in a competitive
bidding procedure, shall have the authority to partition service areas
or disaggregate spectrum.
5. Sec. 101.63 is amended by revising paragraph (a) to read as
follows:
Sec. 101.63 Period of construction; certification of completion of
construction
(a) Each Station, except in Local Multipoint Distribution Services
and the 38.6-40.0 GHz band, authorized under this part must be in
operation within 18 months from the initial date of grant.
* * * * *
6. Sec. 101.64 is revised to read as follows:
Sec. 101.64 Service areas.
Service areas for 38.6-40.0 GHz service are Economic Areas (EAs) as
defined below. EAs are delineated by the Regional Economic Analysis
Division, Bureau of Economic Analysis, U.S. Department of Commerce. The
Commerce Department organizes the 50 States and the District of
Columbia into 172 EAs. Additionally, there are four EA-like areas: Guam
and Northern Mariana Islands; Puerto Rico and the U.S. Virgin Islands;
American Samoa and the Gulf of Mexico. A total of 175 authorizations
(excluding the Gulf of Mexico EA-like area) will be issued for each
channel block in the 39 GHz band.
* * * * *
7. Sec. 101.103 is amended by revising paragraph (i)(1) to read as
follows:
Sec. 101.103 Frequency coordination procedures.
* * * * *
(i)(1) When the licensed facilities are to be operated in the band
38,600 MHz to 40,000 MHz and the facilities are located within 16
kilometers of the boundaries of an Economic Area, each licensee must
complete the frequency coordination process of subsection 101.103(d)
with respect to neighboring EA licensees and existing licensees within
its EA service area that may be affected by its operation prior to
initiating service. In addition to the technical parameters listed in
subsection 101.103(d), the coordinating licensee must also provide
potentially affected parties technical information related to its
subchannelization plan and system geometry.
* * * * *
8. Sec. 101.147 is amended by revising paragraph (u)(2) to read as
follows:
Sec. 101.147 Frequency assignments.
* * * * *
(u)(2) Applications filed pursuant to Section 101.1206 shall
identify any pre-existing rectangular service area authorizations that
are located within, or are overlapping with, the EA for which the
license is sought, and the provisions of Section 101.103 shall apply
for purposes of frequency coordination between any authorized
rectangular service area(s) and EA service area(s) that are
geographically adjoining and overlapping.
* * * * *
[FR Doc. 99-21765 Filed 8-20-99; 8:45 am]
BILLING CODE 6712-01-U
