[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Proposed Rules]
[Pages 6189-6199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3557]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[WT Docket No. 96-6; FCC 96-17]
Flexible Service Offerings in the Commercial Mobile Radio
Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this Notice of Proposed Rule Making (``Notice''), we
propose that broadband Commercial Mobile Radio Service (``CMRS'')
(``broadband CMRS'') providers be authorized to offer fixed wireless
local loop service. We also solicit comment on whether other or all
fixed services should be permitted in addition to the mobile and
related fixed services now permitted. We initiate this proceeding on
our own motion to address the uncertainty in our existing rules on the
extent to which fixed services may be provided by broadband Personal
Communications Service (``PCS''), Cellular Radiotelephone Service
(``cellular''), and Special Mobile Radio (``SMR'') providers. The
measures we propose should increase competition within wireless
services and promote competition between wireless and wireline
services.
DATES: Comments are to be filed on or before February 26, 1996. Reply
Comments are to be filed on or before March 18, 1996.
ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,
Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: Sandra Danner, Legal Branch,
Commercial Wireless Division, Wireless Telecommunications Bureau at
(202) 418-0620.
SUPPLEMENTARY INFORMATION:
This Notice of Proposed Rule Making in WT Docket No. 96-6, adopted
January 24, 1996, and released January 25, 1996, is available for
inspection and copying during normal business hours in the FCC Dockets
Branch, Room 230, 1919 M Street, N.W., Washington, D.C. The complete
text may be purchased from the Commission's copy contractor,
International Transcription Service, Inc., 2100 M Street, N.E., Suite
1400, Washington, D.C. 20037 (telephone (202) 857-3800).
I. Introduction
1. In this Notice of Proposed Rule Making (``Notice'') in WT Docket
No. 96-6, we propose that broadband Commercial Mobile Radio Service
(``CMRS'') (``broadband CMRS'')1 providers be authorized to offer
fixed wireless local loop service. We also solicit comment on whether
other or all fixed services should be permitted in addition to the
mobile and related fixed services now permitted. We initiate this
proceeding on our own motion to address the uncertainty in our existing
rules on the extent to which fixed services may be provided by
broadband Personal Communications Service (``PCS''), Cellular
Radiotelephone Service (``cellular''), and Special Mobile Radio
(``SMR'') providers. The measures we propose should increase
competition within wireless services and promote competition between
wireless and wireline services.
\1\ The services under ``broadband CMRS'' includes Broadband
Personal Communications Service, Cellular Radiotelephone Service and
Specialized Mobile Radio. See in the Matter of Implementation of
Sections 3(n) and 332 of the Communications Act, Regulatory
Treatment of Mobile Services, GN Docket No. 93-252, 59 FR 59945
(November 12 1994), Third Report and Order, 9 FCC Rcd 7988, 8105-
8110, Paras. 252-265 (1994).
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II. Background
2. The Communications Act 2 defines ``mobile service'' as a
``radio communication service carried on between mobile stations or
receivers and land stations, and by mobile stations communicating among
themselves and includes (1) both one-way and two-way radio
communication services, (2) a mobile service which provides a regularly
interacting group of base, mobile, portable, and associated control and
relay stations (whether licensed on an individual, cooperative, or
multiple basis) for private one-way or two-way land mobile radio
communications by eligible users over designated areas of operation,
and (3) any service for which a license is required in a personal
communications service established pursuant to the proceeding entitled
`Amendment to the Commission's Rules to Establish New Personal
Communications Services' (GEN Docket No. 90-314; ET Docket No. 92-100),
or any successor proceeding.'' 47 U.S.C. 153(n).
\2\ Communications Act of 1934, as amended, 47 U.S.C. 332
(``Communications Act'').
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3. In the Second Report and Order in GN Docket No. 93-252, 59 FR
18493 (April 19, 1994) (``CMRS Second Report & Order''), the Commission
interpreted the statutory definition of mobile service to include ``all
auxiliary services provided by mobile services licensees,'' but then
distinguished between fixed point-to-point services and those services
capable of being provided in a ``mobile mode.'' The CMRS Second Report
and Order excludes from the mobile definition those services which are
solely fixed in nature (e.g., Basic Exchange Telephone Radio Service
(BETRS)), but categorizes other services that have some fixed uses as
mobile by virtue of having a mobile component or mobile capabilities.
For example, we determined that services provided through dual-use
equipment, such as Inmarsat-M terminals that can be moved while
transmitting, are mobile.
4. Our current rules for broadband CMRS services allow licensees to
provide all forms of mobile services, including local loop services
that are mobile in nature. In addition, broadband CMRS providers may
[[Page 6190]]
provide some forms of fixed service subject to certain limitations. Our
PCS rules, for instance, permit PCS licensees to provide any fixed
service that is ancillary to their mobile operations. Likewise, SMR
providers may use licensed spectrum for certain fixed uses on a
secondary, non-interference basis to the primary mobile operations of
any other licensee. Cellular carriers may provide auxiliary common
carrier services and services premised on the use of alternative
cellular technologies, so long as such services do not interfere with
the authorized cellular service. Fixed services also may be provided by
cellular licensees as incidental communication services under our
incidental service rules.
5. Local exchange service delivered by radio link may be provided
using architectures consisting of mobile, fixed, or a combination of
those components. For example, one possible architecture would be
radio-based telephone instruments that are mobile, whether in the home,
office, or any other fixed location. Another example would combine
wired telephone instruments with a fixed wireless link from the street
to a demarcation box on the side of a house, building, or other
premises to which wiring connects. Our current rules are unclear,
however, on the scope of fixed ancillary services that may be provided
by PCS carriers, and as to the types of secondary, auxiliary or
incidental services that may be provided by other CMRS providers.
Although we previously held that all auxiliary services provided by
mobile service licensees would be considered in the definition of
``mobile'' service by such carriers, we are finding that carriers are
hesitant to take advantage of that flexibility without further guidance
from the Commission. We note our original purpose in limiting this
spectrum to mobile and related services was to ensure that adequate
spectrum was available for these services, which cannot feasibly be
provided at higher frequencies. However, it appears that the
characterization of permissible use in our rules may be inhibiting
carriers intending to use radio links to replace existing wireline
service or to bring service to rural or less attractive areas otherwise
not being adequately served by wireline providers.
6. We propose to define ``wireless local loop'' as the path between
the subscriber and the first point of switching or aggregation of
traffic. We seek comment on whether this definition will encompass the
anticipated service needs of consumers and whether such a definition
gives certainty to CMRS providers that are planning and marketing
competitive wireless telecommunications networks. We propose a
definition for wireless local loop that is sufficiently broad that it
is unnecessary to examine the mobile or fixed nature of each particular
application.
7. The Commission has discretion under Section 303 of the
Communications Act to prescribe the nature of the service to be
rendered over radio frequencies and to assign or allocate frequencies
to various classes of stations. Nothing in the language of Section 303
(or its legislative history) suggests that the Commission is prohibited
from assigning spectrum to stations for more than one permissible use.
Furthermore, the Commission is guided by the policies set forth in the
Communications Act to encourage the provision of new technologies and
services to the public.
8. The federal government as well as state governments are
interested in removing barriers to competitive provision of local
exchange service throughout the United States. Over the last several
years, the Commission and various state governments have taken a number
of actions that increased opportunities for competitive provision of
local telecommunications services. A number of states have already
enacted legislation or completed other measures to introduce new local
exchange service providers. In a series of decisions from 1992 to 1994,
the Commission implemented expanded interconnection and collocation
policies that created new opportunities for competitive provision of
access services that have been traditionally offered by only the local
telephone companies. These decisions were fundamental to opening the
interstate special access and switched transport markets to
competition.
9. More recently, in a Third Notice of Proposed Rule Making and
Supplemental Tentative Decision in CC Docket No. 92-297, 60 FR 43740
(August 23, 1995), the Commission noted that the Local Multipoint
Distribution Service--a wireless technology operating in the 28 GHz
band--``may provide services that compete with local exchange carriers
in the provision of local exchange service * * *'' By the instant
Notice, the Commission takes additional steps to foster competitive
local exchange service by proposing that broadband CMRS providers also
be able to offer the equivalent of local exchange service using
existing allocations for PCS, cellular and SMR. The flexible regulatory
scheme proposed in this Notice will help eliminate the need for the
Commission to initiate a rule making or grant multiple waivers each
time a broadband CMRS provider or new entrant to a market wishes to
adjust its operational mode to respond to consumers' changing
communications requirements. Our proposed approach here is consistent
with prior decisions and current proposals.
III. Discussion
A. Expanded Service Options on PCS Channels
10. In the Notice of Proposed Rule Making in GEN Docket No. 90-314
and ET Docket No. 92-100, 57 FR 40672 (September 4, 1992) (``PCS
NPRM''), we observed that personal communications requirements are
changing rapidly as our society becomes more mobile and the demand for
nearly instantaneous communications and universal access increases. We
proposed to define PCS as a family of services that could provide
communications to individuals and business, and be integrated with a
variety of competing networks. Most of the commenters in the PCS
proceeding agreed that PCS should be flexible enough to provide a wide
range and variety of services, envisioned generally as mobile or
portable radio communications. The PCS NPRM further proposed that fixed
services generally be allowed only as ancillary to mobile PCS services.
Some parties in the PCS proceeding argued, however, that restrictions
on use of PCS spectrum for fixed services on PCS channels are
inadequate to define an emerging technology and implementation of a new
service.
11. A number of early trials under PCS experimental licenses
included a variety of technologies and service concepts, including
personal communications networks (PCN), private branch exchange (PBX),
and wireless local loop. We indicated that wireless local loop service
is a type of PCS in the PCS NPRM. Based upon concepts expressed in
comments, the experimental applications granted, and the pioneer
preference requests, we concluded in the PCS Second Report and Order
that proposed services and devices would likely range from advanced
wireless replacements for ordinary telephones to radio communications
devices capable of sending and receiving voice and data to and from
virtually anywhere. Specific kinds of PCS services and devices cited in
the Second Report and Order in GEN Docket No. 90-314, 8 FCC Rcd 7700,
7712, 58 FR 59174 (Nov. 8, 1993) (``PCS Second Report and Order'') were
expected to include advanced forms of
[[Page 6191]]
cellular telephone service, advanced digital cordless telephone
service, portable facsimile services, wireless PBX services, and
wireless local area network (LAN) services, among others. We predicted
that these new services and devices would operate through existing
public switched networks, or through alternative local networks such as
cable television systems. We also indicated, however, that PCS also
would exist independent of local wired networks, ``filling gaps in
existing communications services and creating new markets.'' See ``PCS
Second Report and Order''.
12. Accordingly, our current PCS rules permit licensees to provide
any mobile communications service on their assigned frequencies to
satisfy mobile communications needs. The rules also provide that
``fixed services (except for broadcast services) may be provided if
ancillary to mobile operations.'' 47 C.F.R. Sec. 24.3. Otherwise, a
carrier must seek a waiver to offer primarily fixed service,
demonstrating that such service best meets the demands of an area. The
rationale for prohibiting broadcast and non-ancillary fixed services in
PCS spectrum was the limited amount of spectrum available to provide
mobile service and the availability of other frequency bands or other
media to provide broadcast and fixed services. The ancillary fixed use
language was not intended, however, to exclude fixed services totally,
but to preserve the anticipated mobile operations attributable to PCS
technologies as understood in the earlier stages of PCS development.
13. The current restriction on fixed use of the channels in our PCS
rules may not reflect current stages of the developing PCS market and
could hinder carriers from quickly and economically using channel
capacity to meet changing market demand. As indicated in the earlier
PCS proceedings, we always have intended wireless local loop to be a
part of the family of services that meet our definition of PCS, whether
implemented as a mobile or fixed service. We therefore propose to amend
our existing broadband PCS rules to clarify that broadband PCS
providers may provide wireless local loop services, as defined above,
along with mobile service as principal uses of spectrum allocated to
broadband PCS. Under this proposal, the permissible communications
language in the existing broadband PCS rules would be amended to
explicitly encompass fixed wireless local loop.
14. While broadband PCS systems will use digital or other highly
efficient technology to achieve tremendous system capacity, current
technology supports economical mobile services only up to approximately
3 GHz. Given this technological constraint, we seek comment on whether
the currently allocated broadband PCS spectrum will provide sufficient
capacity for mobile uses if fixed wireless local loop services are
provided on broadband PCS spectrum. Alternatively, should the
Commission allow the operation of the market to determine the most
efficient use of the broadband PCS spectrum?
15. Finally, we seek comment on whether additional interference or
other operational rules are needed to accommodate fixed wireless local
loop uses of the broadband PCS channels. What changes are needed to our
existing technical rules? Are additional technical rules required to
govern fixed wireless local loop uses in the broadband PCS bands? Our
intent is to have the necessary technical rules to minimize
interference without unduly hindering a carrier's ability to offer a
variety of services.
B. Expanded Service Options on Other CMRS Channels
16. The proposed changes in the broadband PCS rules to expand the
service offerings permissible on broadband PCS channels to include
fixed wireless local loop services would suggest that similar treatment
be afforded to other categories of CMRS that have the potential to
directly compete with PCS. The Commission previously has held that all
commercial mobile radio services are ``substantially similar'' by
virtue of existing competition or the potential for competition among
the CMRS categories. In our recent report to Congress on CMRS
competition, we reiterated our previous findings in the CMRS proceeding
that cellular and SMR services in the short term are most likely to
directly compete with each other and with broadband PCS, because each
service consists largely of two-way, mobile telephony. Broadening the
permissible service options for cellular and SMR results in those CMRS
providers having more flexibility to meet market demand, including
meeting demand that traditionally has been serviced by wireline common
carriers. We therefore propose to permit licensees to provide fixed
wireless local loop services on their licensed cellular and SMR
spectrum.
17. As with PCS, we seek comment regarding (1) whether and to what
extent cellular and SMR service rules should be changed to permit
flexibility in the provision of fixed wireless local loop as well as
mobile services; (2) implications on the availability of spectrum for
mobile services (see para. 14, supra); and (3) specific operational,
interference or technical rules to permit fixed wireless local loop
uses of the cellular and SMR channels.
18. In recognition that CMRS consists of ``substantially similar''
services by virtue of potential competition among and between all of
those services, we also request comment on whether the public interest
would be served by also permitting ``narrowband'' CMRS providers the
operational flexibility to offer fixed wireless local loop services as
proposed for broadband CMRS. These other ``narrowband'' CMRS offerings
include paging, narrowband PCS, commercial 220 MHz service, and
interconnected business radio service (collectively, ``narrowband
CMRS'').
C. Regulatory Treatment When Fixed Wireless Local Loop
Services Are Provided On CMRS Systems.
19. If we ultimately decide to allow fixed wireless local loop
services by CMRS providers, we also must decide how such services are
to be regulated. It is clear that PCS providers intend to integrate
mobile, wireless fixed, wireline networks, and cable facilities into
seamless packaged offerings that could span several states. Some of
these networks will go beyond regional coverage to achieve seamless
nationwide coverage. The Omnibus Reconciliation Act of 1993 (``Budget
Act''), which amended the Communications Act to create the CMRS
regulatory classification, reflects Congress' intent to establish
regulatory symmetry among mobile services. The broad goal of this
legislation was to ensure that economic forces--not disparate
regulatory requirements--shape the development of the CMRS marketplace.
In addition, we established in the CMRS Second Report and Order that
all auxiliary services provided by mobile services licensees would be
included within the definition of mobile services, including ancillary
fixed communications offered by PCS providers, to preserve the
flexibility necessary to meet growing consumer demand for a broad range
of mobile services.
20. The ability of a carrier to offer consumers a ``menu'' of
services, which could include fixed wireless local loop services, adds
value to the carrier's mobile services because it gives the mobile
customer the option of using the fixed and mobile applications offered
by a single provider. Presumably, to achieve economies of scale with
such integrated networks, those carriers
[[Page 6192]]
would use the same facilities, regardless of whether the services are
provided intrastate or interstate. Consequently, we do not want to
discourage the development of such integrated networks by subjecting
carriers to multiple layers of regulation. We, therefore, propose to
treat fixed wireless local loop services as an integral part of the
CMRS services offered by a CMRS provider, so long as the carrier
otherwise offers interconnected, for-profit mobile service to the
public on licensed CMRS spectrum as provided by the Communications Act.
We seek comment on this proposal and invite commenters to offer
alternate proposals. We note that in the CMRS Second Report and Order
we presumptively classified PCS as CMRS, allowing each PCS provider to
make a showing that one or more of its services are private by
demonstrating that the service is not within the CMRS definition. We
will continue to allow PCS licensees to overcome the CMRS presumption
upon the proper demonstration that such services do not qualify as
CMRS.
D. Universal Service Obligations
21. The Commission has a number of universal service programs in
place that seek to promote the availability of telephone service. Our
Lifeline and Link Up programs provide assistance to low income and
elderly residential subscribers, and the Universal Service Fund program
provides assistance to telephone companies operating in high cost
areas. These programs are administered by the National Exchange Carrier
Association in cooperation with the states pursuant to Commission
requirements. Should we ultimately adopt the rules we propose herein,
CMRS licensees would be permitted to provide fixed wireless local loop
services that in some respects could be similar to wireline telephone
local exchange service. We seek comment on the extent to which any of
our universal service programs should be modified to encompass, or
impose obligations on, CMRS providers that offer the equivalent of
local exchange service. We currently are examining universal service
issues more broadly in separate proceedings, including the extent to
which competitive local exchange service providers should be eligible
for high cost support. As stated in those proceedings, competition in
local exchange service can be provided by different kinds of service
providers, including cellular carriers, and our universal service
programs should not favor a particular technology. It is the
Commission's preference, if feasible, to treat the universal service
obligation issues raised in this proceeding in our decisions in the
universal service proceedings.
E. Other Possible Fixed Services for CMRS
22. In addition to proposing that CMRS providers be allowed to
offer fixed as well as mobile wireless local loop, we seek comment on
whether certain other fixed services should be allowed as well, or
alternatively, whether CMRS providers should be allowed to provide any
form of fixed service without restriction. We note that wireless local
telephone service may not be the only technically and economically
viable fixed service that could be accommodated on spectrum allocated
to CMRS providers. Other potential wireless fixed services may include
wireless Internet access, electronic funds transfers, point-of-purchase
credit card verification, and remote monitoring. We seek comment on
whether these potential uses are included or excluded in our proposed
definition of wireless local loop. If excluded, should CMRS providers
be allowed to provide these services in addition to wireless local
loop? Are there other potential fixed services for which demand may
exist? We seek comment on whether allowing CMRS providers to offer
fixed wireless local loop but not other fixed services may unduly
restrict the ability of carriers to develop wireless networks that
otherwise would meet various needs of the consuming public.
23. Assuming that we allow CMRS providers to offer fixed services
other than fixed wireless local loop, we also seek comment on whether
there should be any restrictions on fixed use of this spectrum.
Allowing CMRS spectrum to be used for certain fixed applications does
not necessarily mean that all fixed services should be permitted. On
the other hand, imposing restrictions on fixed use of this spectrum
could impose a regulatory burden on carriers, increase the need for
oversight of CMRS operations by the Commission to verify compliance,
and might inhibit development of beneficial uses of the spectrum that
we cannot anticipate. We note that, as a practical matter, technical
factors may limit CMRS providers' ability to offer some fixed services
on channels allocated for mobile telecommunications. There are many
point-to-point operations which may not be feasible on a system
designed for mobile use. Under what circumstances should we limit fixed
services by CMRS providers in order to ensure technical compatibility?
24. We believe that our regulatory approach should allow licensees
to adapt quickly to technological innovation and changing consumer
demands. We also seek to ensure, however, that our approach to fixed
use of this spectrum does not restrict the potential future growth of
mobile services, particularly in light of the relatively limited
portion of the spectrum in which mobile use is feasible as compared to
the much larger amount compatible with fixed use. Recently, the
National Telecommunications and Information Administration concluded
that demand for mobile spectrum will substantially increase over the
next decade, while demand for fixed use will decrease. We solicit
comment on these conclusions, including ways to ensure that spectrum is
available to meet future mobile needs, and on the implications for our
proposals herein. Parties identifying a potential deficiency for mobile
services should also address whether that deficiency could be remedied
by authorizing mobile services in spectrum currently designated for
fixed services. Would the public benefit more from continuing to
provide CMRS spectrum for principally mobile uses, from broadening our
definition of permissible fixed services to include specific additional
applications, or from permitting all fixed and mobile uses in the same
spectrum?
25. To the extent that we permit CMRS providers to offer fixed
services other than fixed wireless local loop, the issues raised in
previous sections may also apply. We seek comment on those issues
applicable to other fixed services. In particular, if we permit CMRS
providers to offer fixed services in addition to fixed wireless local
loop, we must determine how those services are to be regulated. We
therefore ask for comment on the issues raised in Paras. 19-20, supra.
F. Proposed Changes to Table of Frequency Allocations
26. In accordance with our proposals listed above, we propose to
amend the domestic Table of Frequency Allocations as set forth below.
See 47 CFR Sec. 2.105. Currently, wide-area SMR and cellular bands are
allocated internationally to fixed and mobile services on a co-primary
basis, but within the United States they are allocated only to land
mobile services. Therefore, we propose to amend the domestic Table of
Frequency Allocations for the 806-821, 851-866, 896-901, and 935-940
MHz bands to permit them to make use of the allocations for both fixed
and mobile
[[Page 6193]]
services on a co-primary basis. The extent to which such allocations
may be used will be determined by final decisions resulting from the
service rules proposals in this proceeding. We request comment on this
proposal.
IV. Conclusion
27. The proposals set forth in this Notice expand the services
available to consumers and the service options available to broadband
CMRS providers developing competitive wireless offerings. The Notice
proposes to allow all broadband CMRS providers the regulatory
flexibility to offer fixed wireless local loop services, and seeks
comment on whether the public interest is served by further expansion
to include some or all other fixed services. Where fixed wireless local
loop services are offered, we propose that CMRS regulation continue to
apply if a carrier offers interconnected, for-profit mobile service to
subscribers. Comment is sought on similar treatment for other
categories of fixed services. Our purpose is to reduce any undue
regulatory burdens on CMRS providers, as contemplated by the
Communications Act, and to enhance competition. Our efforts should
promote the development and deployment of new and innovative wireless
telecommunications networks.
V. Procedural Matters
A. Regulatory Flexibility Act
28. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in this document. The IRFA is set forth in Appendix A of the
proposed rule. Written public comments are requested on the IRFA. These
comments must be filed in accordance with the same filing deadlines as
comments on the rest of the Notice of Proposed Rule Making, but they
must have a separate and distinct heading designating them as responses
to the IRFA. The Secretary shall send a copy of this Notice of Proposed
Rule Making, including the IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration in accordance with paragraph 603(a)
of the Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5
U.S.C. 601 et seq. (1981).
B. Paperwork Reduction Act
The Federal Communications Commission, as part of its continuing
effort to reduce paperwork burden, invites the general public and other
Federal agencies to take this opportunity to comment on the following
proposed and/or continuing information collections, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. Comments are
requested concerning (a) whether the proposed 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.
Written comments should be submitted on or before April 16, 1996.
If you anticipate that you will be submitting comments but find it
difficult to do so within the period of time allowed by this notice,
you should advise the contact listed below as soon as possible.
Direct all comments to Dorothy Conway, Federal Communications
Commission, Room 234, 1919 M St., N.W., Washington, DC 20554, or via
Internet to dconway@fcc.gov; and Timothy Fain, OMB Desk Officer, 10236
NEOB, 725 17th St., N.W., Washington, DC 20503, or via Internet to
fain____t@al.eop.gov.
For further information contact: Dorothy Conway, (202) 418-0217, or
via Internet at dconway@fcc.gov.
Title: Amendment of the Commission's Rules to Permit Flexible
Service Offerings in the Commercial Mobile Radio Services.
Type of Review: New collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; State, Local or Tribal Government.
Number of Respondents: 2,500.
Estimated Time Per Response: Approximately 1-2 hours.
Total Annual Burden: Approximately 1,875 hours.
Total Annual Cost: $337,688; this includes the costs for filing the
information electronically or mailing submissions and hiring
consultants that may be necessary to respond to the requests.
Needs and Uses: The information will be used by the Commission to
determine if the service provider is technically qualified to offer
fixed wireless local services and as part of the Commission's
management of spectrum for commercial uses. Without such information,
the Commission could not determine whether the provider is operating in
compliance with the Commission's Rules.
C. Ex Parte Rules--Non-Restricted Proceeding
29. This is a non-restricted notice and comment rule making
proceeding. Ex parte presentations are permitted except during the
Sunshine Agenda period, provided they are disclosed as provided in
Commission rules. See generally 47 CFR Secs. 1.1202, 1.1203, and
1.1206(a).
D. Comment Dates
30. Pursuant to applicable procedures set forth in Sections 1.415
and 1.419 of the Commission's Rules, 47 CFR Secs. 1.415 and 1.419,
interested parties may file comments by February 26, 1996; reply
comments are due on or before March 18, 1996. To file formally in this
proceeding you must file an original and four copies of all comments
and supporting comments. If you want each Commissioner to receive a
personal copy of your comments, you must file an original plus nine
copies. You should send your comments to Office of the Secretary,
Federal Communications Commission, 1919 M Street, N.W., Washington,
D.C. 20554. A copy of all comments should also be filed with the
Commission's copy contractor, ITS, Inc., 2100 M Street, N.W., Suite
140, (202) 857-3800. Comments will be available for public inspection
during regular business hours in the Reference Center of the Federal
Communications Commission, 2025 M Street, N.W., Room 5608, Washington,
D.C. 20554.
E. Ordering Clause
31. Authority for issuance of this Notice of Proposed Rule Making
is contained in Sections 4(i), 4(j), 7(a), 303(b), 303(f), 303(g),
303(r), 309(j), and 332(c) of the Communications Act of 1934, as
amended, 47 U.S.C. Secs. 154(i), 154(j), 157(a), 303(b), 303(f),
303(g), 303(r), 309(j) and 332(c).
F. Contact Person
32. For further information concerning this proceeding, contact
Sandra K. Danner (Acting Chief, Legal Branch, Commercial Wireless
Division, Wireless Telecommunications Bureau) at (202) 418-0620.
List of Subjects in 47 CFR Part 2
Common carriers, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Proposed Rules
Part 2 of title 47 of the Code of Federal Regulations is proposed
to be amended as follows:
[[Page 6194]]
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. The entries for the 470-790 through 942-960 MHz frequency bands
are removed.
b. New entries for 470-512 through 944-960 MHz are added.
c. International Footnote Nos. 675, 676, 678, 697, and 703 in the
listing of International Footnotes are revised.
d. International Footnote Nos. 682 and 708 are removed and
reserved.
The additions and revisions 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 MHz allocation MHz --------------- Rule Special-use
allocation MHz Allocation Allocation part(s) frequencies
MHz MHz
(1) (2) (3) (4) (5) (6) (7)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
470-512 470-512 470-512 470-512 470-512 ........... ..............
BROADCASTING BROADCASTING FIXED MOBILE ............. BROADCASTING RADIO ..............
Fixed Mobile BROADCASTING LAND MOBILE BROADCAST
(TV) (73)
PRIVATE
LAND
MOBILE
(90)
PUBLIC
MOBILE
(22)
Auxiliary
Broadcasti
ng (74)
676 677A 683 684 674 675 673 677 679 ............. NG66 NG114
685 686 686A 687 NG127 NG149
689 693 694
----------------------------------------------------------------------------------------------------------------
512-585 512-585 512-585 512-585 512-585 ........... ..............
BROADCASTING BROADCASTING FIXED MOBILE ............. BROADCASTING RADIO
BROADCASTING BROADCAST
(TV) (73)
Auxiliary
Broadcasti
ng (74)
676 677A 683 684 678 673 677 679 ............. NG149
685 686 686A 687
689 693 694
----------------------------------------------------------------------------------------------------------------
585-608 585-608 585-608 585-608 585-608 ........... ..............
BROADCASTING BROADCASTING FIXED MOBILE ............. BROADCASTING RADIO
BROADCASTING BROADCAST
RADIONAVIGATION (TV) (73)
Auxiliary
Broadcasti
ng (74)
676 677A 683 684 678 688 689 690 ............. NG149
685 686 686A 687
689 693 694
----------------------------------------------------------------------------------------------------------------
608-610 608-610 608-610 608-610 608-610 ........... ..............
BROADCASTING RADIO ASTRONOMY FIXED MOBILE RADIO RADIO ........... ..............
Mobile-Satellite BROADCASTING ASTRONOMY ASTRONOMY
except RADIONAVIGATION
aeronautical
mobile-
satellite
(Earth-to-
space)
676 677A 683 684 688 689 690 US74 US246 US74 US246
685 686 686A 687
689 693 694
----------------------------------------------------------------------------------------------------------------
610-614 610-614 610-614 610-614 610-614 ........... ..............
[[Page 6195]]
BROADCASTING RADIO ASTRONOMY FIXED MOBILE RADIO RADIO ........... ..............
Mobile-Satellite BROADCASTING ASTRONOMY ASTRONOMY
except RADIONAVIGATION
aeronautical
mobile-
satellite
(Earth-to-
space)
676 677A 683 684 ................ 677 688 689 690 US74 US246 US74 US246
685 686 686A 687 691 693 701
689 693 694
----------------------------------------------------------------------------------------------------------------
614-790 614-790 614-790 614-790 614-790
BROADCASTING BROADCASTING FIXED MOBILE ............. BROADCASTING RADIO
Fixed BROADCASTING BROADCAST
Mobile (TV) (73)
Auxiliary
Broadcasti
ng (74)
676 677A 683 684 675 692 692A 693 677 688 689 690 ............. NG30 NG128
685 686 686A 687 691 693 701 NG149
689 693 694
----------------------------------------------------------------------------------------------------------------
790-806 790-806 790-806 790-806 790-806
FIXED BROADCASTING FIXED MOBILE ............. BROADCASTING RADIO
BROADCASTING Fixed BROADCASTING BROADCAST
Mobile (TV) (73)
Auxiliary
Broadcasti
ng (74)
694 695 695A 696 675 692 692A 693 677 688 689 690 ............. NG30 NG43
697 700B 702 691 693 701 NG128 NG149
----------------------------------------------------------------------------------------------------------------
806-821 806-821 806-821 806-821 806-821
FIXED FIXED MOBILE FIXED MOBILE ............. FIXED LAND PRIVATE
BROADCASTING BROADCASTING BROADCASTING MOBILE LAND
MOBILE
(90)
PUBLIC
MOBILE
(22)
694 695 695A 696 692A 700 700A 677 688 689 690 ............. NG30 NG31
697 700B 702 691 693 701 NG43 NG63
NG128
----------------------------------------------------------------------------------------------------------------
821-824 821-824 821-824 821-824 821-824
FIXED FIXED MOBILE FIXED MOBILE ............. LAND MOBILE PRIVATE
BROADCASTING BROADCASTING BROADCASTING LAND
MOBILE
(90)
694 695 695A 696 692A 700 700A 677 688 689 690 ............. NG30 NG43
697 700B 702 691 693 701 NG63 NG128
----------------------------------------------------------------------------------------------------------------
824-849 824-849 824-849 824-849 824-849
FIXED FIXED MOBILE FIXED MOBILE ............. LAND MOBILE PUBLIC
BROADCASTING BROADCASTING BROADCASTING MOBILE
(22)
694 695 695A 696 692A 700 700A 677 688 689 690 ............. NG30 NG43
697 700B 702 691 693 701 NG63 NG128
NG151
----------------------------------------------------------------------------------------------------------------
849-851 849-851 849-851 849-851 849-851
FIXED FIXED MOBILE FIXED MOBILE ............. AERONAUTICAL PUBLIC
BROADCASTING BROADCASTING BROADCASTING MOBILE MOBILE
(22)
694 695 695A 696 692A 700 700A 677 688 689 690 ............. NG30 NG63
697 700B 702 691 693 701 NG128
----------------------------------------------------------------------------------------------------------------
851-862 851-862 851-862 851-862 851-862
FIXED FIXED MOBILE FIXED MOBILE ............. FIXED LAND PRIVATE
BROADCASTING BROADCASTING BROADCASTING MOBILE LAND
MOBILE
(90)
PUBLIC
MOBILE
(22)
[[Page 6196]]
694 695 695A 696 692A 700 700A 677 688 689 690 ............. NG30 NG31
697 700B 702 691 693 701 NG63 NG128
----------------------------------------------------------------------------------------------------------------
862-866 862-866 862-866 862-866 862-866
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. FIXED LAND PRIVATE
except BROADCASTING BROADCASTING MOBILE LAND
aeronautical MOBILE
mobile (90)
BROADCASTING 703 PUBLIC
MOBILE
(22)
866-869 866-869 866-869 866-869 866-869
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. LAND MOBILE PRIVATE
except BROADCASTING BROADCASTING LAND
aeronautical MOBILE
mobile (90)
BROADCASTING 703
700b 704 692a 700 700a 677 688 689 690 ............. NG30 NG63
691 693 701 NG128
----------------------------------------------------------------------------------------------------------------
869-890 869-890 869-890 869-890 869-890 ........... ..............
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. LAND MOBILE PUBLIC ..............
except BROADCASTING BROADCASTING MOBILE
aeronautical (22)
mobile
BROADCASTING 703
700B 704 692A 700 700A 677 688 689 691 ............. NG30 NG63 ........... ..............
693 701 NG128 NG151
----------------------------------------------------------------------------------------------------------------
890-894 890-894 890-894 890-894 890-894 ........... ..............
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. LAND MOBILE PUBLIC ..............
except except BROADCASTING MOBILE
aeronautical aeronautical Radiolocation (22)
mobile mobile
BROADCASTING 703 Radiolocation
Radiolocation
704 700A 704A 705 706 US116 US268 US116 US268 ........... ..............
G2 NG151
----------------------------------------------------------------------------------------------------------------
894-896 894-896 894-896 894-896 894-896 ........... ..............
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. AERONAUTICAL PUBLIC ..............
except except BROADCASTING MOBILE MOBILE
aeronautical aeronautical Radiolocation (22)
mobile mobile
BROADCASTING 703 Radiolocation
Radiolocation
704 700A 704A 705 706 US116 US268 US116 US268 ........... ..............
G2
----------------------------------------------------------------------------------------------------------------
896-901 896-901 896-901 896-901 896-901 ........... ..............
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. FIXED LAND PRIVATE ..............
except except BROADCASTING MOBILE LAND
aeronautical aeronautical Radiolocation MOBILE
mobile mobile (90)
BROADCASTING 703 Radiolocation PUBLIC
Radiolocation MOBILE
(22)
704 700A 704A 705 706 US116 US268 US116 US268 ........... ..............
G2
----------------------------------------------------------------------------------------------------------------
901-902 901-902 901-902 901-902 901-902 ........... ..............
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. FIXED MOBILE PERSONAL ..............
except except BROADCASTING COMMUNICAT
aeronautical aeronautical Radiolocation IONS (24)
mobile mobile
BROADCASTING 703 Radiolocation
Radiolocation
704 700A 704A 705 706 US116 US268 US116 US268 ........... ..............
G2 US330
----------------------------------------------------------------------------------------------------------------
902-928 902-928 902-928 902-928 902-928 ........... ..............
[[Page 6197]]
FIXED MOBILE FIXED Amateur FIXED MOBILE RADIOLOCATION ............. Amateur 915 13
aeronautical aeronautical Radiolocation MHz:
mobile mobile Industrial,
BROADCASTING 703 Radiolocation scientific
Radiolocation and medical
frequency
704 705 707 707A 706 707 US215 707 US215 ........... ..............
US218 US267 US218 US267
US275 G11 US275
G59
----------------------------------------------------------------------------------------------------------------
928-929 928-929 928-929 928-929 928-929 ........... ..............
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. FIXED PRIVATE ..............
except except BROADCASTING LAND
aeronautical aeronautical Radiolocation MOBILE
mobile mobile (90)
BROADCASTING 703 Radiolocation PRIVATE
Radiolocation OPERATIONA
L FIXED
MICROWAVE
(94)
PUBLIC
MOBILE
(22)
704 705 706 US116 US215 US116 US215 ........... ..............
US268 G2 US268 NG120
----------------------------------------------------------------------------------------------------------------
929-930 929-930 929-930 929-930 929-930 ........... ..............
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. LAND MOBILE PRIVATE ..............
except except BROADCASTING LAND
aeronautical aeronautical Radiolocation MOBILE
mobile mobile (90)
BROADCASTING 703 Radiolocation PUBLIC
Radiolocation MOBILE
(22)
704 705 706 US116 US215 US116 US215 ........... ..............
US268 G2 US268 NG120
----------------------------------------------------------------------------------------------------------------
930-931 930-931 930-931 930-931 930-931
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. FIXED MOBILE PERSONAL
except except BROADCASTING COMMUNICAT
aeronautical aeronautical Radiolocation IONS (24)
mobile mobile
BROADCASTING 703 Radiolocation
Radiolocation
704 705 706 US116 US215 US116 US215
US268 G2 US268 US330
NG120
----------------------------------------------------------------------------------------------------------------
931-932 931-932 931-932 931-932 931-932
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. LAND MOBILE PRIVATE
except except BROADCASTING LAND
aeronautical aeronautical Radiolocation MOBILE
mobile mobile (90)
BROADCASTING 703 Radiolocation PUBLIC
Radiolocation MOBILE
(22)
704 705 706 US116 US215 US116 US215
US268 G2 US268 NG120
----------------------------------------------------------------------------------------------------------------
932-935 932-935 932-935 932-935 932-935
FIXED MOBILE FIXED MOBILE FIXED MOBILE FIXED FIXED DOMESTIC
except except BROADCASTING FIXED (21)
aeronautical aeronautical Radiolocation PUBLIC
mobile mobile MOBILE
BROADCASTING 703 Radiolocation (22)
Radiolocation
704 705 706 US215 US268 US215 US268
G2 NG120
----------------------------------------------------------------------------------------------------------------
935-940 935-940 935-940 935-940 935-940
[[Page 6198]]
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. FIXED LAND PRIVATE
except except BROADCASTING MOBILE LAND
aeronautical aeronautical Radiolocation MOBILE
mobile mobile (90)
BROADCASTING 703 Radiolocation PUBLIC
Radiolocation MOBILE
(22)
704 705 706 US116 US215 US116 US215
US268 G2 US268 NG120
----------------------------------------------------------------------------------------------------------------
940-941 940-941 940-941 940-941 940-941
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. FIXED MOBILE PERSONAL
except except BROADCASTING COMMUNICAT
aeronautical aeronautical Radiolocation IONS (24)
mobile mobile
BROADCASTING 703 Radiolocation
Radiolocation
704 705 706 US116 US268 US116 US268
G2 US330 NG120
----------------------------------------------------------------------------------------------------------------
941-942 941-942 941-942 941-942 941-942
FIXED MOBILE FIXED MOBILE FIXED MOBILE FIXED FIXED DOMESTIC
except except BROADCASTING PUBLIC
aeronautical aeronautical Radiolocation FIXED (21)
mobile mobile PUBLIC
BROADCASTING 703 Radiolocation MOBILE
Radiolocation (22)
704 705 706 US268 62 US268 NG120
----------------------------------------------------------------------------------------------------------------
942-944 942-944 942-944 942-944 942-944
FIXED MOBILE FIXED MOBILE FIXED MOBILE FIXED FIXED DOMESTIC
except BROADCASTING PUBLIC
aeronautical FIXED (21)
mobile
BROADCASTING 703
704 ................ 701 US301 US302 US301 US302
NG120
----------------------------------------------------------------------------------------------------------------
944-960 944-960 944-960 944-960 944-960
FIXED MOBILE FIXED MOBILE FIXED MOBILE ............. FIXED AUXILIARY
except BROADCASTING BROADCASTI
aeronautical NG 74
mobile PUBLIC
BROADCASTING 703 MOBILE
(22)
INTERNATION
AL PUBLIC
FIXED (23)
PRIVATE
OPERATIONA
L FIXED
(94)
704 ................ 701 ............. NG120
----------------------------------------------------------------------------------------------------------------
* * * * * * *
International Footnotes
* * * *
675 Additional allocation: in Chile, Colombia, Cuba, Ecuador, the
United States, Guyana, Honduras, Jamaica, Mexico and Panama, the
allocation of the bands 470-512 MHz and 614-806 MHz to the fixed and
mobile services is on a primary basis (see No. 425), subject to
agreement obtained under the procedure set forth in Article 14.
676 Additional allocation: in Burundi, Cameroon, the Congo,
Ethiopia, Israel, Kenya, Lebanon, Libya, Malawi, Senegal, Sudan, Syria,
and Yemen, the band 470-582 MHz is also allocated to the fixed service
on a secondary basis.
* * * * *
678 Additional allocation: in Costa Rica, Cuba, El Salvador,
Ecuador, the United States, Guatemala, Guyana, Honduras, Jamaica,
Mexico and Venezuela, the band 512-608 MHz is also allocated to the
fixed and mobile services on a primary basis, subject to agreement
obtained under the procedures set forth in Article 14.
* * * * *
682 [Reserved]
* * * * *
697 Additional allocation: in the Federal Republic of Germany,
Burkina
[[Page 6199]]
Faso, Cameroon, Cote d'Ivoire, Denmark, Egypt, Finland, Israel, Kenya,
Libya, Liechtenstein, Monaco, Norway, the Netherlands, Portugal,
Sweden, Switzerland and Yugoslavia, the band 790-830 MHz, and in these
same countries and in Spain, France, Malta, the Gabonese Republic and
Syria, the band 830-862 MHz, are also allocated to the mobile, except
aeronautical mobile, service on a primary basis. However, stations of
the mobile service in the countries mentioned in connection with each
band referred to in this footnote shall not cause harmful interference
to, or claim protection from, stations of services operating in
accordance with the Table in countries other than those mentioned in
connection with this band.
* * * * *
703 In Region 1, in the band 862-960 MHz, stations of the
broadcasting service shall be operated only in the African Broadcasting
Area (see Nos. 400 to 403) excluding Algeria, Egypt, Spain, Libya and
Morocco, subject to agreement obtained under the procedure set forth in
Article 14.
* * * * *
708 [Reserved]
* * * * *
[FR Doc. 96-3557 Filed 2-15-96; 8:45 am]
BILLING CODE 6712-01-P
