[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Proposed Rules]
[Pages 2722-2726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-647]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 21, 94, and 101
[WT Docket No. 94-148; FCC 94-314]
Microwave Fixed Radio Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: By this action, the Commission proposed to simplify the rules
for the common carrier and private operational fixed microwave services
that are currently contained in separate Parts of the Commission's
Rules, and to consolidate those rules into a new Part. The key
objectives of this action are to restructure the fixed microwave rules
so that they are easier for the public to understand and use, to
conform similar rule provisions to the maximum extent possible, to
eliminate redundancy, and to remove obsolete language from the
Commission's Rules. The Commission is also reviewing the need for and
impact of certain regulatory requirements and policies for the common
carrier and private operational fixed microwave services.
DATES: Comments must be submitted on or before February 3, 1995. Reply
comments must be submitted on or before February 21, 1995.
FOR FURTHER INFORMATION CONTACT:
Robert James, Wireless Telecommunications Bureau, (202) 634-1706.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking in WT Docket No. 94-148, FCC 94-314, adopted
December 9, 1994, and released December 28, 1994. The full text of this
Commission decision is available for inspection and copying during
normal business hours in the FCC Reference Center (Room 239), 1919 M
Street NW., Washington, DC. The complete text of this decision also may
be purchased from the Commission's copy contractor, International
Transcription Service, Inc., (202) 857-3800, 2100 M Street NW.,
Washington, DC 20037.
Summary of the Order
1. Common carrier microwave services and private operational fixed
microwave services share many of the same frequency bands and use
substantially the same equipment. As a result of recent changes that
are discussed below, the interference standards, antenna standards, and
coordination procedures for private and common carrier fixed microwave
services have further converged. This rulemaking is an effort to
conform filing, processing, operational, and technical requirements for
services that are technically similar and, thereby, to gain significant
economies and alleviate confusion to the public.
2. Communications services that use the microwave spectrum for
fixed services include common carriers (currently regulated by Part 21
of the FCC Rules), common carrier multiple address systems (Part 22),
broadcasters (Part 74), cable TV operators (Part 78), and private
operational fixed users (currently regulated by Part 94). The radio
frequency spectrum is allocated among these services on either a shared
or an exclusive basis. When different service users have similar needs,
they are sometimes required to share spectrum bands.
3. Of the services listed above, the common carrier and private
operational fixed microwave users are the most similar in technical
requirements and share the most frequency bands. The convergence of the
common carrier and private operational fixed microwave technical
standards has occurred over the last decade as a result of several
rulemaking proceedings. See Second Report and Order in GEN Docket No.
79-188, 48 FR 50322 (1983); Third Report and Order in GEN Docket No.
82-334, 52 FR 07136 (1987); Third Report and Order in GEN Docket No.
82-243, 56 FR 34149 (1991); and First Report and Order in PR Docket No.
83-426, 50 FR 13338 (1985). Recently, a further convergence of these
two services occurred as a result of the reallocation of five bands
above 3 GHz
[[Page 2723]]
on a co-primary basis to the common carrier and private operational
fixed microwave licensees that are relocating from the 1850-1990, 2110-
2150, and 2160-2200 MHz bands (2 GHz bands) to accommodate Personal
Communications Services (PCS) and other emerging technologies. See
Second Report and Order in ET Docket No. 92-9, 58 Fed. Reg. 49220
(1993). Although the emerging technologies proceeding resolved all the
technical issues necessary for this reallocation, there were other
technical matters raised in the proceeding, which were not considered
critical to the 2 GHz microwave users' relocation to other regions of
the spectrum, that were left to be settled in a future proceeding.
4. Also, as a result of the emerging technologies spectrum
reallocation and the resulting increase in frequency band-sharing,
common carrier and private microwave industry members have united to
develop joint interference standards and coordination procedures. For
over a year, a subcommittee of the Telecommunications Industry
Association's Fixed Point-to-Point Microwave Engineering Committee (TIA
TR14.11 Interference Criteria Engineering Subcommittee) has held joint
meetings with the National Spectrum Managers Association (NSMA), a
group of frequency coordinators for Part 21 applicants, to determine
interference criteria for Part 21 and Part 94 users. This collaboration
has resulted in a revised TIA Telecommunications Systems Bulletin TSB
10-F, ``Interference Criteria for Microwave Systems,'' (TSB 10-F) which
was adopted by the microwave industry on May 31, 1994. Representatives
from both the TIA fixed microwave group and the NSMA have met with
Commission staff to discuss the benefits of common technical standards,
processing procedures, and consolidated rules for common carrier and
private operational fixed microwave users.
5. Another factor necessitating this proceeding is that the
majority of the license application processing for the Part 21 and Part
94 microwave services is now being handled by the Wireless
Telecommunications Bureau's Licensing Division in Gettysburg,
Pennsylvania. Because the application processing for these services was
formerly performed by different Commission offices, the processing
practices and policies differed. See Public Notice, ``New Application
Processing Practices in the Common Carrier Point-to-Point Microwave and
Broadcast Auxiliary Services,'' DA 93-77, January 27, 1993, 8 FCC Rcd.
775, (1993). This proceeding seeks to bring uniformity to the fixed
microwave application processing procedures.
6. The Part 21 and Part 94 rules need to be consolidated,
conformed, and updated to allow the microwave industry to operate as
efficiently as possible without being hampered by obsolete regulations.
Because of the commonality of major portions of the existing common
carrier and private operational fixed microwave rules and the industry
move to create common standards and coordination procedures, we believe
it would be beneficial to consolidate these rules into one
comprehensive part. At the same time, this proceeding provides us with
an opportunity to improve the organization of the microwave rules, to
simplify them, to eliminate unnecessary language, and to make other
substantive amendments.
We expect that a new consolidated Part 101 will result in major
benefits. First, the public will benefit because of a much simplified
and streamlined licensing process. Second, the improvements in
processing efficiency will save scarce Commission resources and free
staff time to improve service to the public. Third, we expect the
proposed rules to encourage more efficient use of the microwave
spectrum. Finally, common technical standards for common carrier and
private microwave equipment may lead to economies of scale in microwave
equipment production and, thus, lower equipment prices to users.
7. Proposed Part 101 is approximately 65 percent the volume of the
current common carrier and private radio fixed microwave rules. This
reduction results from the elimination of repetitive sections such as
definitions, application procedures, and processing procedures, the
elimination of unnecessary language, and the consolidation of the
remaining rules. In the paragraphs below we address the proposed
changes for each subpart and section of the rules, other than proposed
changes that are editorial in nature or that concern only renumbering
of existing rule language.
8. We welcome comments on whether the scope of our consolidation
effort is appropriate. We ask that comments identify the subject of
their remarks, whenever possible, by citing the proposed section number
of a rule (with cross-reference to the old rule as necessary). This
identification will expedite and simplify our review of the comment on
the many proposals contained in this Notice.
General Requirements
9. Definitions. We propose to make minor editorial changes in the
definitions where appropriate. In instances where a definition now
appears in more than one rule section and is phrased inconsistently, we
propose to use the phrasing that we believe to be the most precise. In
cases where a definition appears in Part 2 of the Rules as well as in
another part, the proposed Part 101 definition adopts the Part 2
definition in order to conform with either the International
Telecommunication Convention or the international Radio Regulations.
Additionally, we propose to change the name and all relevant terms
related to the Private Digital Termination System service to match the
name and terms of the identical Common Carrier Digital Electronic
Message Service. See proposed Section 101.3.
Applications and Licenses
10. General Application Requirements. We propose to eliminate
several application showings that are currently required of common
carrier microwave applicants under Part 21 of the rules, but which are
not essential for processing these applications. We request comments on
each of these proposals. First, we propose to eliminate the financial
showing required under Secs. 21.13(a)(2) and 21.17. Lack of financing
has generally not been a problem in the common carrier services being
transferred to Part 101, and we consider a certification of financial
ability unnecessary in these services. Second, we propose eliminating
the public interest showing required under Sec. 21.13(a)(4). We
tentatively conclude that the public interest will generally be served
by granting applications in these services that meet all the
Commission's other rules and requirements, and that separate statement
form the applicant pursuant to Sec. 21.13(a)(4) is unnecessary. We also
note that the Commission can still request a separate public interest
showing if this is deemed necessary in any particular case. Third, we
propose eliminating the requirement that applicants submit a copy of
any franchise or other authorization when such authorizations are
required by local law. See Sec. 21.13(f). We request comments on
whether we should replace this application showing with a rule, similar
to that contained in Part 22 of the rules, stating that applicants must
comply with all local franchise or authorization requirements, obtain
any local authorizations by the end of the construction period, and
notify the
[[Page 2724]]
Commission if local authorization is denied. See Sec. 22.13(f). Fourth,
we propose eliminating showings regarding control over the station, see
Sec. 21.13(g), and maintenance procedures, see Sec. 21.15(e). We
request comments on whether we should replace these showings with a
general rule describing a licensee's responsibilities for maintenance
and control of the station and requiring that maintenance contracts
must be in writing. See Sec. 22.205. We also request comments on
whether we should continue to require the address and telephone number
of a maintenance center or person responsible for technical operation,
see Sec. 21.15(e)(1) and Item 18 of FCC Form 494 (``Application for New
or Modified Microwave Radio Station License Under Part 21''), or
whether this requirement is unnecessary and should also be deleted.
Fifth, we propose to eliminate the vertical profile sketch, see
Sec. 21.15(c), and the site availability showing, see Sec. 21.15(a), as
these showings are not necessary for processing and lack of site
availability has not been a problem in the common carrier services
being transferred to Part 101. Sixth, we request comments on whether
the public interest showing currently required of applicants in the
Point-to-Point Microwave Radio Service pursuant to Sec. 21.706(a)
should be retained or deleted. We also propose to allow electronic
filing for all fixed microwave services authorized under Part 101 as is
currently allowed for private land mobile applications. See proposed
Sections 1.743, 1.913, and 101.37. Finally, we request comments on what
requirements we should adopt regarding retention or posting of the
station license. See e.g. Secs. 21.201, 22.201, and 94.107.
11. Licensee Qualifications and Consummation of Assignments and
Transfers. Under Part 21, applicants and licensees are currently
required to provide ownership and character information on FCC Form 430
(``Licensee Qualification Report''), see Sec. 21.11(a), and to disclose
the real party in interest behind the application pursuant to
Sec. 21.13(a)(1). See also Sec. 21.305. We request comment on precisely
what ownership (including partnership) and character information we
should continue to require of common carrier applicants and licensees
under the new Part 101. In addition, under Sec. 21.11 (d), (e), and
(f), applicants are required to complete assignments or transfers of
control within 45 days of the date of authorization and to notify the
Commission within 10 days of consummation. In the common carrier
services being transferred to Part 101, applicants frequently request
extensions of time to complete assignments or transfers. Such requests
are routinely granted. Based on this experience, we request comment on
whether the time for consummation of assignments and transfers should
be extended to 360 days or longer, or whether applicants should be
allowed merely to notify the Commission of failure to consummate,
rather than requiring applicants to file, and the Commission to grant,
repeated extension requests. We also propose to eliminate the
requirement for common carriers to notify the Commission within 10 days
of consummation.
12. Commencing Operation. With regard to the requirement for
stations to be placed in operation within a certain period after the
date of grant, it has been common practice among some applicants to
request and obtain a modification of their license and thereby obtain
additional time within which to be in operation. Some applicants
repeated this procedure several times, thereby extending their
operational deadline far beyond the period contemplated by the rules.
In response to these perceived abuses, the Commission's Private Radio
Bureau Licensing Division issued a Public Notice clarifying that a
station must be placed in operation within the time required by current
Sec. 94.51 irrespective of whether the licensee had been granted an
amendment to its station authorization. We propose to codify this
longstanding interpretation of our rule. See proposed Section 101.63.
13. Although current Sec. 94.51 requires that private fixed
microwave stations be placed in operation within a time certain, it
does not define what constitutes operation for purposes of the rules.
In the past, several applicants have argued that the transmission of
color bars or other types of strictly test signals satisfies the rule's
requirement of being in operation. This interpretation has been
uniformly rejected by the staff. Applicants have also argued that the
Sec. 94.51 requirement of being in operation is satisfied as long as
the station is simply capable of transmitting intelligence. The staff,
however, has consistently informed the public that the mere capability
of transmission does not satisfy the requirement of being in operation.
We are proposing in Section 101.67(d) to make it clear that only the
transmission of operational signals is sufficient to satisfy the ``in
operation'' requirement and that neither the capability of transmission
nor the transmission of color bars or similar test signals satisfies
the requirement to be in operation. We are proposing to apply this
requirement to both private and common carrier fixed microwave users,
as the underlying basis for this proposal, efficient spectrum usage,
applies equally to both groups. We request comment on whether this
requirement is necessary or applicable for common carrier licensees
under proposed Part 101.
Technical Standards
14. Frequency Availability Chart. A new frequency availability
chart has been placed in the proposed rules (proposed Section 101.101)
for the convenience of licensees and applicants. In addition to showing
the frequency availability for private and common carrier users, it
also shows other services, such as broadcast, cable, PCS, MDS, and
ITFS, that share the same bands. More specific technical information
for the common carrier and private microwave services are contained in
rule Subparts G through J.
15. Coordination Procedures and Interference Standards. In the
Second Report and Order in ET Docket 92-9, the Commission adopted the
current Part 21 coordination procedures and the current Part 94
interference standards for the relocated common carrier and private
operational fixed microwave users. As stated above and in the Second
Report and Order, the common carrier and private microwave industry
members have united to develop joint interference standards and
coordination procedures. We propose, therefore, to apply the same
coordination procedures and interference standards to all bands for
both private and common carrier fixed microwave services. In addition,
we propose to modify the present coordination procedures and
interference protection standards to be consistent with the TIA
industry standards. See proposed Secs. 101.103 and 101.105.
16. Transmitter Power Limitations. In addition to merging the
transmitter power table from Parts 21 and 94, we also propose to
eliminate the values for maximum allowable transmitter power, while
retaining the values for Equivalent Isotropic Radiated Power (EIRP).
See proposed Sec. 101.113. We are proposing to allow a maximum EIRP of
+55 dBW for all point-to-point microwave bands from 4 GHz to 40 GHz, to
allow for increased path reliability on long paths and to set a common
standard for all bands. See proposed Sec. 101.113. This proposal is
based partly on TIA recommendations. Comsearch also proposed a maximum
allowable EIRP of +55 dBW in an earlier
[[Page 2725]]
proceeding. Comsearch points out that in Part 25 of the Rules, the
terrestrial station EIRP used to determine frequency coordination
distance in the 4, 6, and 11 GHz bands is +55 dBW, which corresponds
with the International Telecommunications (ITU) Radio Rules and
Regulations. The Commission decided not to act on that portion of
Comsearch's petition, instead deferring consideration of maximum
authorized power, antenna standards, and ATPC to a future proceeding.
We seek comment on whether increasing the transmitter power limitations
as proposed would have any negative impact on any radio users.
17. Automatic Transmitter Power Control. ATPC is a feature of
digital microwave radio that automatically adjusts transmitter output
power based on path fading detected at the far-end receiver(s). In the
emerging technologies/relocation proceeding, commenters proposed that
ATPC should be explicitly authorized in the rules. In response, the
Commission clarified in the rules that ATPC is permitted up to a 3 dB
increase in power and encouraged industry groups to explore in greater
detail under what circumstances ATPC should be authorized and whether a
greater increase in power than 3 dB would be appropriate. We have
reviewed the ATPC guidelines in TSB 10-F and are still uncertain of the
necessity of including explicit provisions for it use in the rules. We
seek comment on whether it is necessary to have TIA's recommendations
for ATPC implementation included in our Rules. TSB 10-F contains
provisions for up to three different power level specifications:
maximum transmit power, coordinated transmit power, and nominal
transmit power. We also seek comment on how these recommendations for
ATPC should be implemented under our current licensing scheme, which
authorizes only a single operating power level on each license, with
that power being the one used in the coordination process. If the use
of ATPC as described in TSB 10-F were to be permitted, what changes
would the Commission have to make to its forms, licenses, and data
base?
18. Antenna Standards. All antenna standards for Part 101 services
have been consolidated into one rule section (proposed section
101.115). Few substantive changes to the antenna standards are
proposed. In the Docket 92-9 proceeding, commenting parties raised
concerns about our existing antenna standards, stating that the
category A standards should be updated and that a new detailed
definition of congested areas should be specified to maximize
efficiency and permit full use of available bands. The Commission does
not have sufficient information at this time to propose specific
changes to these standards.
Developmental Authorizations
19. We propose to eliminate the general requirement that applicants
report on any patents applied for as a result of a developmental
authorization. This information is in the public domain when the patent
is granted, and our requirement is, therefore, duplicative. We also
propose to modify the language concerning the confidentiality of
developmental reports to make it consistent with our general rules on
requests for confidentiality. The consolidated rules continue the
prohibition on providing service for hire with a developmental grant
now placed on common carriers and extends the prohibition against
commercial operation of a developmental grant to private radio
operations.
20. In this Notice, we have proposed to amend the regulations for
the common carrier and private operational fixed microwave services by
consolidating and simplifying their present rule parts, contained
respectively in Parts 21 and 94 of the Commission's Rules, to create a
new Part 101. Our specific proposals are contained in the rules
appendix. We solicit comment on them. We also invite comment on any
additional changes that can make the Commission's microwave rules more
``user friendly'' and help the staff provide improved service to the
public.
21. Initial Regulatory Flexibility Analysis. Pursuant to the
Regulatory Flexibility Act of 1980, the Commission finds as follows:
A. Reason for Action
This rulemaking proceeding is initiated to obtain comment regarding
consolidation and simplification of the microwave rules not contained
in parts 21 and 94 of title 47 of the Code of Federal Regulations.
B. Objectives
This action would reduce redundancy now contained in the rules and
remove obsolete rules and language. It would also simplify and clarify
the requirements for filing license and other authorization
applications, the processing of applications and other requests, and
the operation of common carrier and private operational fixed microwave
stations.
C. Legal Basis
The proposed action is authorized by Sections 4(i) and 303(r) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and
303(r).
D. Description, Potential Impact, and Number of Small Entities Affected
This reorganization and revision of the common carrier and private
operational fixed microwave rules will reduce the volume of the rules
by approximately 25 percent and make them easier to use and understand.
Both the reduction in volume and consolidation of the rule should
improve their usefulness as they will be more easily understood by, and
save research time for, the public. The benefits would accrue to all
interested parties, large and small entities alike. We invite specific
comment by interested parties on the likely magnitude of the impact on
small radio manufacturers and suppliers.
E. Reporting, Record Keeping, and Other Compliance Requirements
There should be an overall decrease in reporting, record keeping,
and other compliance requirements. The use of electronic filing alone
should greatly reduce the amount of paperwork required to be filed and
increase speed of service.
F. Federal Rules That Overlap, Duplicate or Conflict With These Rules
None.
G. Significant Alternatives Minimizing Impact on Small Entities
Consistent With Stated Objectives
The objective of this proceeding is to minimize confusion, research
time, record keeping and recording for users of microwave radio
frequencies. We are unaware of other alternatives that would be as
desirable. We solicit comments on this point.
22. Other Matters. This is a non-restricted notice and comment
rulemaking proceeding. Ex parte presentations are permitted, provided
they are disclosed as provided in the Commission's rules. See generally
47 CFR 1.1202, 1.1203, and 1.1206(a).
23. This action is taken pursuant to Sections 4(i) and 303(r) of
the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i)
and 303(r).
24. Pursuant to applicable procedures set forth in Sections 1.415
and 1.419 of the Commission's Rules, interested parties may file
comments on or before February 3, 1995, and reply comments on or before
February 21, 1995. All relevant and timely comments will be
[[Page 2726]]
considered by the Commission before final action is taken in this
proceeding. To file formally in this proceeding, participants must file
an original and four copies of all comments, reply comments, and
supporting comments. If participants want each Commissioner to receive
a personal copy of their comments, an original plus nine copies must be
filed. Comments and reply comments should be sent to Office of the
Secretary, Federal Communications Commission, Washington, DC 20554.
Comments and reply comments will be available for public inspection
during regular business hours in the Reference Center (Room 239) of the
Federal Communications Commission, 1919 M Street, NW., Washington, DC
20554.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers.
47 CFR Part 2
Communications equipment.
47 CFR Part 21
Communications common carriers, Communications equipment, Radio,
Reporting and recordkeeping requirements, Television.
47 CFR Part 94
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 101
Communications common carriers, Communications equipment, Radio,
Reporting and recordkeeping requirements, Television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-647 Filed 1-10-95; 8:45 am]
BILLING CODE 6712-01-M
