[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Proposed Rules]
[Pages 44822-44827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22352]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[WT Docket No. 98-136; FCC 98-142]
Services in the 2.3 GHz and 47 GHz Bands
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: On June 30, 1998, the Federal Communications Commission
[[Page 44823]]
(Commission) adopted a Notice of Proposed Rulemaking (NPRM) that
proposes licensing and operating rules for the 47.2-48.2 GHz (47 GHz)
band, and proposes that licenses for this band be acquired through
competitive bidding under the Commission's rules. The Commission also
proposes to license the 47 GHz band under the Commission's rules, as
modified to reflect the particular characteristics and circumstances of
services offered through the use of spectrum in the 47 GHz band. The
Commission seeks comment on how Government and non-Government licensees
can effectively share the 47 GHz band. In addition, in a few instances,
the Commission proposes that modifications to the rules be made
applicable to the 2.3 GHz band. The Commission also proposes to modify
the rules to clarify those rules that apply to both the 2.3 GHz band
and the 47 GHz band.
DATES: Comments are due on or before September 21, 1998, and reply
comments on or before October 13, 1998. Written comments by the public
on the proposed information collections are due September 21, 1998.
Written comments must be submitted by the Office of Management and
Budget (OMB) on the proposed information collections on or before
October 20, 1998.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
Room 222, Washington, DC 20554. In addition to filing comments with the
Secretary, a copy of any comments on the information collections
contained herein should be submitted to Judy Boley, Federal
Communications Commission, Room 234, 1919 M Street, NW, Washington, DC
20554, or via the Internet to jboley@fcc.gov, and to Timothy Fain, OMB
Desk Officer, 10236 NEOB, 725-17th Street, NW, Washington, DC 20503, or
via the internet to fain__t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Auction Information: Julie Buchanan, 202-418-0660.
Legal Information: Eli Johnson, 202-418-1310.
Technical Information: Ed Jacobs, 202-418-1310.
For additional information concerning the information collections
contained in this NPRM, contact Judy Boley at 202-418-0214, or via the
Internet at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the NPRM in WT Docket
No. 98-136, FCC 98-142, adopted June 30, 1998, and released July 29,
1998. The complete text of this NPRM is available for inspection and
copying during normal business hours in the FCC Reference Center (Room
239), 1919 M Street, NW, Washington, DC, and also may be purchased from
the Commission's copy contractor, International Transcription Services,
Inc. (202) 857-3800, 1231 20th Street, NW, Washington, DC 20036. The
complete text is also available under the file name fcc98142.wp or
fcc98142.txt on the Commission's internet site at http://www.fcc.gov/
Bureaus/Wireless/Orders/1998.
To file formally in this proceeding, you must file an original plus
four copies of all comments, reply 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
comments and reply comments to Office of the Secretary, Federal
Communications Commission, Washington, DC 20554.
Comments may also be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings (63 FR 24121, May 1, 1998). Comments filed
through the ECFS can be sent as an electronic file via the Internet to
http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an
electronic submission must be filed. In completing the transmittal
screen, commenters should include their full name, Postal Service
mailing address, and the applicable docket or rulemaking number.
Parties may also submit an electronic comment by Internet E-Mail. To
obtain filing instructions for E-Mail comments, commenters should send
an e-mail to ecfs@fcc.gov, and should include the following words in
the body of the message, ``get form 1 the Commission decided to
make the 47 GHz band available for commercial use and to license the
spectrum under a flexible framework that is consistent with permitting
the band to be used for all the services permitted under the United
States Table of Allocations. Accordingly, the NPRM proposes to modify
part 27 of the Commission's rules, which currently applies only to
services at 2.3 GHz, to include the services to be provided at 47 GHz.
The NPRM proposes to modify part 27 to the extent necessary to reflect
the particular characteristics and circumstances of services to be
offered through the use of spectrum in the 47 GHz band. The NPRM also
proposes to modify part 27 to clarify that the rules contained in part
27 will apply to both the 2.3 GHz band and the 47 GHz band.
Additionally, in a few instances, the NPRM proposes certain
modifications to the part 27 rules that pertain to the 2.3 GHz band.
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\1\ Use of Radio Frequencies Above 40 GHz for New Radio
Applications, 62 FR 43116, Aug. 12, 1997.
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2. In the United States, the 47 GHz band is allocated to both
Government and non-Government operations on a shared co-primary basis.
The Commission recognized in proposing bands for satellite or wireless
use in an earlier proceeding that sharing with co-primary Government
users might create uncertainty regarding the amount of spectrum within
a licensed block that would be available for future commercial
use.2 The NPRM seeks comment on the possibilities for
sharing between Government and commercial wireless users on frequencies
in the 47 GHz band. For example, the NPRM seeks comment on whether it
is desirable to explore options that would permit exclusive non-
Government use in portions of this spectrum and provide Government
users geographic exclusivity in other spectrum.
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\2\ Spectrum Allocation Proposals for Fixed-Satellite, Fixed,
Mobile, and Government Operations, 62 FR 16129, Apr. 4, 1997.
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3. With regard to in-band interference control, the NPRM seeks
comment on whether a coordination approach or a field strength approach
should be utilized. The NPRM states that because development of
services and technologies that will use the 47 GHz band is just
beginning the Commission does not have reliable information at this
time on the technical parameters for services that will be offered. The
NPRM notes that in the past depending on the service the Commission has
used one or the other approaches.
4. The NPRM also seeks comment concerning the safety of
stratospheric platforms that could be used to provide services in the
47 GHz band. These platforms would be multi-ton platforms suspended by
balloons floating in the stratosphere over major cities across the
Nation. The possibility that these platforms, or parts of them, could
fail may present a significant safety concern. Because stratospheric
platforms are a novel technology, the Commission does not have a basis
or the experience on which to assess this issue and therefore the NPRM
requests comment on the public safety concerns that these platforms
could raise.
5. The NPRM proposes to use competitive bidding as the assignment
method for initial licenses in the 47 GHz band, if mutually exclusive
applications are filed. The NPRM tentatively concludes that assignment
of licenses through a system of competitive bidding will be consistent
with the requirements of Section 309(j) of the Communications Act, as
amended by the Balanced Budget Act of 1997. The NPRM bases this finding
on the fact that the 47 GHz band is not intended to be licensed for
public safety radio services; non-commercial educational broadcast
stations or public broadcast stations; or digital television service
licenses to be provided by terrestrial broadcast licensees to replace
their analog television service licenses.
6. The NPRM proposes to conduct the auction for initial licenses in
conformity with the general competitive bidding rules set forth in part
1, subpart Q, of the Commission's rules. Specifically, the NPRM
proposes to employ the part 1 rules governing designated entities,
application issues, payment issues, competitive bidding design,
procedure and timing issues, and anti-collusion requirements. These
rules would be subject to any modifications that the Commission adopts
in relation to its part 1 competitive bidding rules. The NPRM also
proposes to adopt the small business definitions that the Commission
adopted for broadband PCS for small and very small businesses.
Ex Parte Presentations
7. This is a non-restricted notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).
Initial Regulatory Flexibility Analysis
8. As required by Section 603 of the Regulatory Flexibility Act
(RFA),3 the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on small entities by the policies and rules proposed in this Notice of
Proposed Rulemaking (NPRM), WT Docket No. 98-136. Written public
comments are requested on this IRFA. Comments must be identified as
responses to the IRFA and must be filed by the deadlines for comments
on the NPRM. The Commission will send a copy of the NPRM, including the
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with the RFA.4 In addition, the
NPRM and IRFA (or summaries thereof) will be published in the Federal
Register.5
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\3\ 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Contract with America Advancement Act of 1996, Pub.
L. 104-121, 110 Stat. 847 (1996) (CWAA). Title II of the CWAA is the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
\4\ 5 U.S.C. 603(a).
\5\ See id.
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A. Need for, and Objectives of, the Proposed Rules
9. This rulemaking is being initiated to adopt certain service,
licensing, and competitive bidding rules for the 47.2-48.2 GHz (47 GHz)
band. In an earlier Report and Order, the Commission opened this band
for commercial use and determined to license this spectrum under a
flexible framework that permits this band to be used for all services
permitted under the U.S. Table of Allocations. In particular, in this
NPRM, the Commission proposes to license the 47 GHz band under part 27
of the Commission's rules, as modified to reflect the particular
characteristics and circumstances of services offered through the use
of spectrum in the 47 GHz band. The Commission believes that this
approach will encourage new and innovative services and technologies in
this band without significantly limiting the range of potential uses
for this spectrum.
[[Page 44825]]
10. The Commission's objectives for the NPRM are: (1) to
accommodate the introduction of new uses of spectrum and the
enhancement of existing uses; (2) encourage commercial development of
equipment that can operate in frequency bands above 40 GHz; and (3) to
facilitate the awarding of licenses to entities who value them the
most. The Commission also seeks to ensure a regulatory plan for the 47
GHz band that will allow for the efficient licensing and use of the
band, eliminate unnecessary regulatory burdens, enhance the competitive
potential of the band, and provide a wide variety of radio services to
the public.
B. Legal Basis for Proposed Rules
11. The proposed action is authorized under sections 1, 4(i), 7,
10, 201, 202, 208, 214, 301, 303, 308, 309(j), and 310 of the
Communications Act of 1934, 47 U.S.C. 151, 154(i), 157, 160, 201, 202,
208, 214, 301, 303, 308, 309(j), 310.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
12. For the purposes of this NPRM, the RFA defines a ``small
business'' to be the same as a ``small business concern'' under the
Small Business Act,6 unless the Commission has developed one
or more definitions that are appropriate to its activities.7
Under the Small Business Act, a ``small business concern'' is one that:
(1) is independently owned and operated; (2) is not dominant in its
field of operation; and (3) meets any additional criteria established
by the Small Business Administration (SBA).8
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\6\ 15 U.S.C. 632.
\7\ See 5 U.S.C. 601(3) (incorporating by reference the
definition of ``small business concern'' in 5 U.S.C. 632).
\8\ 15 U.S.C. 632.
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13. The proposals in the NPRM affect applicants who wish to provide
services in the 47 GHz band. Pursuant to 47 CFR 24.720(b), the
Commission has defined ``small entity'' for Blocks C and F broadband
PCS licensees as firms that had average gross revenues of less than $40
million in the three previous calendar years. This regulation defining
``small entity'' in the context of broadband PCS auctions has been
approved by the SBA.9 With respect to 47 GHz license
applicants, the Commission proposes to use the small entity definition
adopted in the broadband PCS proceeding.
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\9\ See Implementation of Section 309(j) of the Communications
Act--Competitive Bidding, PP Docket No. 93-253, Fifth Report and
Order, 9 FCC Rcd 5532, 5581-82 (para. 115) (1994).
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14. The Commission, however, has not yet determined or proposed how
many licenses will be awarded, nor will it know how many licensees will
be small businesses until the auction, if required, is held. Even after
that, the Commission will not know how many licensees will partition
their license areas or disaggregate their spectrum blocks, if
partitioning and disaggregation are allowed. In view of the
Commission's lack of knowledge of the entities which will seek 47 GHz
licenses, the NPRM therefore assumes that, for purposes of Commission
evaluations and conclusions in the IRFA, all of the prospective
licensees are small entities, as that term is defined by the SBA or the
Commission's proposed definitions for the 47 GHz band.
15. The Commission invites comment on this analysis.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
16. Entities interested in acquiring spectrum in the 47 GHz band
will be required to submit license applications and high bidders will
be required to apply for their individual licenses. The proposals under
consideration in this item also include requiring commercial licensees
to make showings that they are in compliance with construction
requirements, file applications for license renewals and make certain
other filings as required by the Communications Act. The Commission
requests comment on how these requirements can be modified to reduce
the burden on small entities and still meet the objectives of the
proceeding.
E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
17. The Commission has reduced burdens wherever possible. To
minimize any negative impact, however, the NPRM proposes certain
incentives for small entities which will redound to their benefit.
These special provisions include partitioning and spectrum
disaggregation. The regulatory burdens the NPRM has retained, such as
filing applications on appropriate forms, are necessary in order to
ensure that the public receives the benefits of innovative new services
in a prompt and efficient manner. The Commission will continue to
examine alternatives in the future with the objectives of eliminating
unnecessary regulations and minimizing any significant economic impact
on small entities. The Commission seeks comment on significant
alternatives commenters believe the Commission should adopt.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
18. None.
Ordering Clauses
19. Accordingly, It is ordered that these actions Are taken
pursuant to sections 1, 4(i), 7, 10, 201, 202, 208, 214, 301, 303, 308,
309(j), and 310 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 157, 160, 201, 202, 208, 214, 301, 303, 308,
309(j), 310.
20. It is further ordered that Notice is hereby given of the
proposed regulatory changes described in the Notice of Proposed
Rulemaking, and that comment is sought on these proposals.
21. It is further ordered that the Commission's Office of Public
Affairs, Reference Operations Division, Shall send a copy of the Notice
of Proposed Rulemaking, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with Section 603(a) of the Regulatory
Flexibility Act of 1980, Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-
612 (1980).
List of Subjects in 47 CFR Part 27
Communications common carriers, Radio.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, part 27 of Title 47 of
the Code of Federal Regulations is proposed to be amended as follows:
PART 27--WIRELESS COMMUNICATIONS SERVICE
1. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332.
2. Section 27.1 is amended by revising paragraph (b) to read as
follows:
Sec. 27.1 Basis and purpose.
* * * * *
(b) Purpose. This part states the conditions under which various
frequency bands are made available and licensed for the provision of
WCS.
* * * * *
3. Section 27.2 is revised to read as follows:
[[Page 44826]]
Sec. 27.2 Permissible communications.
(a) Subject to the rules contained in this part, any services
allocated in Sec. 2.106 of this chapter for non-Government use (column
5) in the frequency bands specified in Sec. 27.5 may be provided by WCS
licensees in those bands.
(b) In addition, satellite digital audio radio service (DARS) may
be provided using the 2310-2320 and 2345-2360 MHz bands. Satellite DARS
service shall be provided in manner consistent with part 25 of this
chapter.
4. Section 27.3 is amended by redesignating paragraphs (f), (g),
and (h) as paragraphs (g), (h), and (i) and adding a new paragraph (f)
to read as follows:
Sec. 27.3 Other applicable rule parts.
* * * * *
(f) Part 20. This part sets forth the requirements and conditions
applicable to commercial mobile radio service providers.
* * * * *
5. Section 27.4 is amended by revising the definition of ``wireless
communications service'' and by adding new definitions in alphabetical
order to read as follows:
Sec. 27.4 Terms and definitions.
* * * * *
Disaggregation. The assignment of discrete portions or ``blocks''
of spectrum licensed to a geographic licensee or qualifying entity.
* * * * *
High Altitude Platform Station. A station located on an object at
an altitude of 20 to 50 km and at a specified, nominal, fixed point
relative to the Earth.
* * * * *
Partitioning. The assignment of geographic portions of a licensee's
authorized service area along geopolitical or other boundaries.
* * * * *
Wireless Communications Service. A radiocommunication service that
encompasses the allocated radio services in Sec. 2.106 of this chapter
designated for non-Government use (column 5) for the frequency band in
which the station is licensed.
6. Section 27.5 is amended by adding paragraph (c) to read as
follows:
Sec. 27.5 Frequencies.
* * * * *
(c) Five paired channel blocks are available on a Regional Economic
Area Grouping basis as follows:
Block V: 47.2-47.3 and 47.7-47.8 GHz
Block W: 47.3-47.4 and 47.8-47.9 GHz
Block X: 47.4-47.5 and 47.9-48.0 GHz
Block Y: 47.5-47.6 and 48.0-48.1 GHz
Block Z: 47.6-47.7 and 48.1-48.2 GHz
7. Section 27.7 is added to subpart A to read as follows:
Sec. 27.7 Permissible communications services.
(a) Authorization for stations will be granted to provide services
on a common carrier basis or a non-common carrier basis or on both a
common carrier and non-carrier basis in a single authorization.
(b) Stations may render any kind of communications service
consistent with the Commission's rules and the regulatory status of the
station to provide services on a common carrier or non-common carrier
basis.
(c) An applicant or licensee may submit a petition at any time
requesting clarification of the regulatory status required to provide a
specific communications service.
8. Section 27.8 is added to subpart A to read as follows:
Sec. 27.8 Requesting regulatory status.
(a) Initial applications. An applicant will specify if it is
requesting authorization to provide services on a common carrier basis,
a non-common carrier basis, or on both a common carrier and non-common
carrier basis.
(b) Amendment of pending applications. (1) Any pending application
may be amended to:
(i) Change the carrier status requested; or
(ii) Add to the pending request in order to obtain both common
carrier and non-common carrier status in a single license.
(2) Amendments to change, or add to, the carrier status in a
pending application are minor amendments filed under Sec. 27.313.
(c) Modification of license. (1) A licensee may modify a license
to:
(i) Change the carrier status authorized; or
(ii) Add to the status authorized in order to obtain both common
carrier and non-common carrier status in a single license.
(2) Applications to change, or add to, the carrier status in a
license are modifications not requiring prior Commission authorization.
The licensee must notify the Commission within 30 days of the change.
If the change results in the discontinuance, reduction, or impairment
of an existing service, the licensee is also governed by Sec. 27.71.
9. Section 27.11 is amended by revising paragraph (b) to read as
follows:
Sec. 27.11 Initial authorization.
* * * * *
(b) The initial WCS authorizations shall be granted in accordance
with Sec. 27.5.
(1) Authorizations for Blocks A and B will be based on Major
Economic Areas (MEAs), as shown in Sec. 27.6. Authorizations for Blocks
C and D will be based on Regional Economic Area Groupings (REAGs), as
shown in Sec. 27.6.
(2) Authorizations for Blocks V, W, X, Y, and Z will be based on
Regional Economic Area Groupings (REAGs), as shown in Sec. 27.6.
(3) Applications for individual sites are not required and will not
be accepted, except where required for environmental assessments, in
accordance with Sec. 27.59.
10. Section 27.14 is amended by adding paragraphs (a)(1) and (a)(2)
to read as follows:
Sec. 27.14 Construction requirements; Criteria for comparative renewal
proceedings.
(a) * * *
(1) As examples of ``safe-harbors,'' for a WCS licensee that
chooses to offer fixed services or point-to-point services, the
construction of four permanent links per one million people in its
licensed service area at the 10-year renewal mark would constitute
substantial service. For a WCS licensee that chooses to offer mobile
services or point-to-multipoint services, a demonstration of coverage
to 20 percent of the population of its licensed service area at the 10-
year renewal mark would constitute substantial service. For a licensee
that chooses to offer a fixed-satellite service, one launched satellite
in conjunction with construction of one earth station per licensed
service area at the 10-year renewal mark would constitute substantial
service.
(2) In addition, the Commission may consider such factors as
whether the licensee is offering a specialized or technologically
sophisticated service that does not require wide coverage to be of
benefit to customers, and whether the licensee's operations serve niche
markets or focus on serving populations outside of areas served by
other licensees. These safe-harbor examples are intended to provide WCS
licensees a degree of certainty as to compliance with the substantial
service requirement by the end of the initial license term. Licensees
can meet this requirement in other ways, and licensees' showings will
be reviewed on a case-by-case basis.
* * * * *
11. Section 27.15 is amended by revising paragraph (b)(4) and
adding paragraph (e) to read as follows:
[[Page 44827]]
Sec. 27.15 Geographic partitioning and spectrum disaggregation.
* * * * *
(b) * * *
(4) Signal levels. For purposes of partitioning and disaggregation,
WCS systems must be designed so as not to exceed the signal level
specified in Sec. 27.55 at or beyond the licensee's service area
boundary, unless any affected adjacent service area licensee has agreed
to a different signal level.
* * * * *
(e) Construction requirements--(1) Partitioning. Partial assignors
and assignees for license partitioning have two options to meet
construction requirements. Under the first option, the partitioner and
partitionee would each certify that they will independently satisfy the
substantial service requirement for their respective partitioned areas.
If either licensee failed to meet its substantial service showing
requirement, only the non-performing licensee's renewal application
would be subject to dismissal. Under the second option, the partitioner
certifies that it has met or will meet the substantial service
requirement for the entire market. If the partitioner fails to meet the
substantial service standard, however, only its renewal application
would be subject to forfeiture at renewal.
(2) Disaggregation. Partial assignors and assignees for license
disaggregation have two options to meet construction requirements.
Under the first option, the disaggregator and disaggregatee would
certify that they each will share responsibility for meeting the
substantial service requirement for the geographic service area. If
parties choose this option and either party fails to do so, both
licenses would be subject to forfeiture at renewal. The second option
would allow the parties to agree that either the disaggregator or the
disaggregatee would be responsible for meeting the substantial service
requirement for the geographic service area. If parties choose this
option, and the party responsible for meeting the construction
requirement fails to do so, only the license of the nonperforming party
would be subject to forfeiture at renewal.
12. Section 27.53 is amended by adding a heading to paragraph (a),
revising the introductory text of paragraph (a), redesignating
paragraph (c) as paragraph (d), and adding a new paragraph (c), to read
as follows:
Sec. 27.53 Emission limits.
(a) For the band 2305-2360 MHz: The power of any emission outside
the licensee's bands of operation shall be attenuated below the
transmitter power (p) within the licensed bands of operation by the
following amounts:
* * * * *
(c) For the 47.2-48.2 GHz band: The peak power of any emission
outside the licensee's authorized bands shall be attenuated below the
maximum peak spectral density by at least 43+10 log (p) dB or 80 dB,
whichever is less.
* * * * *
13. Section 27.55 is revised to read as follows:
Sec. 27.55 Field strength limits.
The predicted or measured median field strength at any location at
or beyond the border of a WCS service area shall not exceed the
following value unless the parties agree to a different field strength.
The following value applies to both the initially offered MEA and REAG
service areas and to partitioned service areas:
For the 2305-2320 MHz and 2345-2360 MHz bands: 47 dBuV/m.
14. Section 27.57 is revised to read as follows:
Sec. 27.57 International coordination.
Terrestrial WCS operations in the border areas shall be subject to
coordination with bordering countries and provide protection to non-
U.S. operations in the appropriate frequency bands. In addition,
satellite operations in WCS spectrum shall be subject to international
satellite coordination procedures.
15. Section 27.58 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 27.58 Interference to MDS/ITFS receivers.
(a) WCS licensees operating in the 2.3 GHz band shall bear full
financial obligation to remedy interference to MDS/ITFS block down
converters if all of the following conditions are met:
* * * * *
16. Section 27.71 is added to subpart C to read as follows:
Sec. 27.71 Discontinuance, reduction, or impairment of service.
(a) If the service provided by a fixed common carrier licensee is
involuntarily discontinued, reduced, or impaired for a period exceeding
48 hours, the licensee must promptly notify the Commission, in writing,
as to the reasons for discontinuance, reduction, or impairment of
service, including a statement when normal service is to be resumed.
When normal service is resumed, the licensee must promptly notify the
Commission.
(b) If a fixed common carrier licensee voluntarily discontinues,
reduces, or impairs service to a community or part of a community, it
must obtain prior authorization as provided under Sec. 63.71 of this
chapter. An application will be granted within 30 days after filing if
no objections were received.
(c) If a non-common carrier licensee voluntarily discontinues,
reduces, or impairs service to a community or part of a community, it
must give written notice to the Commission within seven days.
(d) Notifications and requests identified in paragraphs (a) through
(c) of this section should be sent to: Federal Communications
Commission, Common Carrier Radio Services, 1270 Fairfield Road,
Gettysburg, Pennsylvania 17325.
[FR Doc. 98-22352 Filed 8-20-98; 8:45 am]
BILLING CODE 6712-01-P
