[Federal Register: October 26, 2005 (Volume 70, Number 206)]
[Rules and Regulations]
[Page 61747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc05-17]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 00-258; FCC 05-172]
Advanced Wireless Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission requires Broadband Radio
Service (BRS) licensees in the 2150-2160/62 MHz band to provide
information on the construction status and operational parameters of
each incumbent BRS system that would be the subject of relocation.
DATES: Effective October 26, 2005.
FOR FURTHER INFORMATION CONTACT: Priya Shrinivasan, Office of
Engineering & Technology, (202) 418-7005.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
ET Docket No. 00-258, FCC 05-172, adopted September 23, 2005, released
September 29, 2005. The full text of this document is available on the
Commission's Internet site at http://www.fcc.gov. It is also available
for inspection and copying during regular business hours in the FCC
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC
20554. The full text of this document also may be purchased from the
Commission's duplication contractor, Best Copy and Printing Inc.,
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554;
telephone (202) 488-5300; fax (202) 488-5563; e-mail FCC@BCPIWEB.COM.
Summary of the Order
1. In order to assist the Commission in determining the scope of
the new Advanced Wireless Services (AWS) entrants' obligation to
relocate certain incumbent licensees in the 2150-2162 MHz band, the
Commission will require Broadband Radio Service (BRS) licensees in the
2150-2160/62 MHz band to provide the information to the Commission
within 60 days and 120 days of the effective date of this Order (the
filing dates will correspond to information collection requirements for
the Commission's Universal Licensing System). The Commission
reallocated this spectrum for AWS by Report and Order, 68 FR 3455,
January 24, 2003, and the accompanying Eighth Report and Order in ET
Docket No. 00-258, FCC 05-172. Currently, neither the Commission nor
the public has reliable information on the construction status and/or
operational parameters of each BRS system in the 2150-2160/62 MHz band
that would be subject to relocation. Pursuant to Section 4(i) of the
Communications Act, 47 U.S.C. 154(i), the Commission believes that
reliable, public data on each incumbent system that would be subject to
relocation is essential well in advance of the planned auction of the
2150-2155 MHz band next year. It notes that the information required
would ultimately be necessary in the context of relocation
negotiations. Because the Commission now licenses the BRS service on
the basis of geographic licensing areas, BRS licensees will be required
to submit information on the locations and operating characteristics of
BRS systems (e.g., the location of base or fixed stations by
coordinates, tower heights, power levels, etc.) in the 2150-2160/62 MHz
band, on other system characteristics of BRS incumbents (e.g.,
subscriber numbers and types of equipment used), and on categories of
services provided (e.g., one-way or two-way service, point-to-point or
point-to-multipoint operations, data or analog video service). The
Commission also will require BRS licensees to provide this information
even if the spectrum is leased to third parties. Further, because the
Commission proposes relocation on a link-by-link basis, BRS licensees
will be required, as part of the information on system design in the
band, to provide the number of links (including the connection between
a base station and subscriber premises equipment) within the system for
both point-to-point and point-to-multipoint systems. To the extent that
a system uses both BRS channels 1 and 2 as part of the same service
(e.g., as a link to a two-way data service), BRS licensees will be
required to make special note of this when providing their system
information. The Commission notes that this list is not inclusive. This
information will be collected through the Commission's Universal
Licensing System (ULS) and made available to the public. To further
this process, the Commission has delegated authority to the Office of
Engineering and Technology and the Wireless Telecommunications Bureau
to issue public notices setting forth the specific data required of BRS
licensees, when it is to be filed and the procedures for filing this
information. Finally, the Commission finds that there is good cause to
make the requirement for BRS licensees to file information effective
upon publication of the Order in the Federal Register. The Commission
has provided BRS licensees with ample time to file the required
information and the ability to use the ULS to submit the information
easily. As noted, reliable data on each incumbent system that would be
subject to relocation is essential well in advance of the planned
auction of the 2150-2155 MHz band next year.
2. Pursuant to Section 4(i) of the Communications Act, as amended,
47 U.S.C. 154(i), this Order is adopted, October 26, 2005. The Order
contains information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13, that are not effective
until approved by the Office of Management and Budget (OMB).
3. Pursuant to Section 5(c) of the Communications Act, as amended,
47 U.S.C. 155(c), the Office of Engineering and Technology and the
Wireless Telecommunications Bureau Are Granted Delegated Authority to
implement the requirement set forth in this Order.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-21408 Filed 10-25-05; 8:45 am]
BILLING CODE 6712-01-P