[Federal Register: May 11, 2005 (Volume 70, Number 90)]
[Rules and Regulations]
[Page 24712-24727]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my05-7]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 25, and 90
[ET Docket No. 04-151, WT Docket No. 05-96, ET Docket No. 02-380, and
ET Docket No. 98-237; FCC 05-56]
Wireless Operations in the 3650-3700 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document adopted rules that provide for nationwide, non-
exclusive, licensing of terrestrial operations, utilizing technology
with a contention-based protocol, in the 3650-3700 MHz band (3650 MHz)
band. It also adopted a streamlined licensing mechanism with minimal
regulatory entry requirements that will encourage multiple entrants and
stimulate the rapid expansion of wireless broadband services--
especially in rural America--and will also serve as a safeguard to
protect incumbent satellite earth stations from harmful interference.
The Report and Order (R&O) established licensing, service and technical
rules that allow fixed and base-station-enabled mobile terrestrial
operations. Finally, the R&O maintained the existing Fixed Satellite
Service (FSS) and Fixed Service (FS) allocations and modified the
Mobile Service (MS) allocation to delete the restriction against mobile
operations in the 3650 MHz band. The R&O also maintained the
international/intercontinental operation requirements for FSS earth
stations.
DATES: Effective June 10, 2005, except for 47 CFR 90.203(o), 90.1323,
which contain information collections that have not been approved by
the Office of Management and Budget (OMB). The Commission will publish
a document in the Federal Register announcing the effective date of
those sections.
FOR FURTHER INFORMATION CONTACT: Gary Thayer, Office of Engineering and
Technology, (202) 418-2290, or Eli Johnson, 418-1395, Wireless
Telecommunications Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, and Memorandum Opinion and Order ET Docket No. 04-151, ET
Docket No. 02-380, ET Docket No. 98-237, WT Docket No. 05-96, FCC 05-
56, adopted March 10, 2005 and released March 16, 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 Report and Order
1. The Report and Order (R&O), adopted rules that provide for
nationwide, non-exclusive, licensing of terrestrial operations,
utilizing technology with a contention-based
[[Page 24713]]
protocol, in the 3650-3700 MHz band (3650 MHz) band. The Commission
also adopted a streamlined licensing mechanism with minimal regulatory
entry requirements that will encourage multiple entrants and stimulate
the rapid expansion of wireless broadband services--especially in rural
America--and will also serve as a safeguard to protect incumbent
satellite earth stations from harmful interference. The Commission
established licensing, service and technical rules that allow fixed and
base-station-enabled mobile terrestrial operations. Finally, the
Commission maintained the existing Fixed Satellite Service (FSS) and
Fixed Service (FS) allocations and modified the Mobile Service (MS)
allocation to delete the restriction against mobile operations in the
3650 MHz band. The R&O also maintained the international/
intercontinental operation requirements for FSS earth stations.
2. The Commission affirmed its belief that the 3650 MHz band is
well-suited to respond to the needs expressed by the growing number of
entrepreneurial wireless internet service providers (WISPs), that
currently bring broadband services to consumers, particularly those
living in rural areas of the United States. Today, rural consumers
often have fewer choices for broadband services than consumers in more
populated areas. The licensing scheme that has been adopted for this
band will provide an opportunity for the introduction of a variety of
new wireless broadband services and technologies, such as WiMax.
Furthermore, the decisions adopted in the R&O will allow further
deployment of advanced telecommunications services and technologies to
all Americans, especially in the rural heartland, thus promoting the
objectives of Section 706 of the Telecommunications Act of 1996.
3. In the Memorandum Opinion and Order (MO&O), the Commission
addressed several petitions for reconsideration and a motion for stay
that were filed in response to the First Report and Order (3650 MHz
Allocation Order) in ET Docket No. 98-237, 65 FR 69451, November 11,
2000. The Commission denied the petitions for reconsideration, and it
also denied the emergency motion for stay.
4. In April 2004, the Commission released the Notice of Proposed
Rulemaking (Unlicensed Operation NPRM, or NPRM), 69 FR 26790, May 14,
2004, and proposed to allow the operation of unlicensed devices in the
3650 MHz band. In the NPRM, the Commission tentatively concluded that
permitting unlicensed devices to operate in the band would be the most
beneficial approach, but also sought comment on alternative licensed
approaches as well.
5. The Commission noted that the record clearly supports use of the
3650 MHz band for a variety of FS and MS operations. The Commission
concluded that it would serve the public interest to maintain primary
FS and MS allocations and a secondary FSS allocation in the band and to
devise a regulatory scheme that provides flexibility for a variety of
new terrestrial uses. Further, it noted that the public interest would
best be served by establishing minimal regulatory barriers to encourage
multiple entrants in the 3650 MHz band and to stimulate the rapid
expansion of broadband services--especially in America's rural
heartland. At the same time, the Commission must ensure that incumbent
grandfathered satellite earth stations and Federal Government
radiolocation stations in this band are protected from harmful
interference.
6. To accomplish these objectives, the Commission concluded that
new terrestrial operations in the band should be licensed on a
nationwide, non-exclusive basis, with all licensees registering their
fixed and base stations in a common database. This streamlined
licensing and registration process will provide additional spectrum to
WISPs and other potential users suitable for backhaul and other
broadband purposes such as community networks--at low entry costs and
with minimal regulatory delay. While terrestrial licensees in this band
will not have interference protection rights of primary, exclusive use
licensees, the licensing scheme imposes on all licensees the mutual
obligation to cooperate and avoid harmful interference to one another.
7. To ensure efficient and cooperative shared use of the spectrum,
the Commission further required all terrestrial operations in the 3650
MHz band to use technology that includes a contention-based protocol.
Such systems allow multiple users to share the same spectrum by
defining the events that must occur when two or more devices attempt to
simultaneously access the same channel and establishing rules by which
each device is provided a reasonable opportunity to operate. Under this
approach, terrestrial operations can operate in geographic areas of
their own choosing and, because a contention-based protocol will
control access to spectrum, terrestrial operations will avoid
interference that could result from co-frequency operations.
Interference caused by radiofrequency (RF) energy from a fixed or base
station transmitter into a nearby fixed or base station receiver will
be addressed by the process the Commission adopted to register fixed
and base stations so that they can operate at locations and with
technical parameters that will minimize the potential for interference
between stations. By requiring use of contention-based technologies,
the Commission concluded that it does not have to limit terrestrial
operations to outdoor-only or adopt other limiting measures to address
possible contention among these new operations. The Commission also
concluded that a contention-based protocol will allow the band to be
used for a variety of base-station-enabled mobile terrestrial
operations, thus providing additional flexibility in the use of the
band, as many commenters requested.
8. The Commission concluded that licensing and registration of
terrestrial fixed and base stations will also enable them to be easily
identified and located to ensure the protection of incumbent FSS earth
stations and Federal Government radiolocation stations. Under the
approach adopted, new terrestrial operations will have to protect
satellite earth station receive-mode operations and Federal Government
radiolocation stations in the 3650 MHz band in substantial areas of the
country. To simplify this process, the Commission established
protection zones around the grandfathered FSS earth stations, similar
to the protection areas already designated around the grandfathered
radiolocation stations. New terrestrial operations are to avoid
operating within these zones, but the Commission will allow new
terrestrial operations to negotiate agreements with earth station
operators for operations within these protection zones. The technical
requirements the Commission placed on fixed and mobile operations,
along with our licensing/registration regime, should allow as much
flexibility as technically possible at this point, and both prevent
interference to the protected earth stations and facilitate the quick
resolution of any interference issues that may arise.
9. In short, the actions taken in the R&O for the 3650 MHz band
should facilitate the rapid deployment of advanced telecommunications
services and technologies to all Americans, thus promoting the
objectives of Section 706 of the Telecommunications Act of 1996.
Allocation Issues
10. The Commission also maintained the existing FSS and FS
allocations in the 3650 MHz band and modified the MS allocation to
remove the ``base station only'' restriction. These allocations should
ensure that the
[[Page 24714]]
potential widespread use of the band by new terrestrial operations will
not be impeded by the introduction of new co-primary FSS earth
stations.
11. As proposed in the NPRM, the Commission retained the
international/intercontinental operating requirement on FSS earth
stations by deleting the reference in the Table of Allocations to
footnote U.S. 245 in the 3650 MHz band, and recasting it as a new
``NG'' footnote specifically for the 3650 MHz band. As noted in the
NPRM, the Commission concluded that deletion of this restriction could
result in more extensive FSS use and further curtail the use of this
band by terrestrial operations. Finally, by providing for streamlined
licensing of terrestrial operations under the existing allocations in
the 3650 MHz band, the Commission resolved the questions posed in the
NPRM regarding segmentation of the band. Among other benefits, the
licensing approach the Commission adopted avoids splitting the band
between licensed and unlicensed terrestrial operations, thus making the
full 50-megahertz of spectrum in the 3650-3700 MHz band more attractive
to potential service providers.
Licensing Provisions
12. The Commission believed that a non-exclusive nationwide
licensing scheme, coupled with a fixed and base station registration
requirement, will ensure open access to this spectrum for nominal
application fees and allow effective and efficient use of this spectrum
in response to market forces. This should allow opportunities for rapid
deployment of broadband technologies and will advance our goal of
bringing broadband services to all Americans including consumers living
in less densely populated rural and suburban areas. The Commission also
believed that the use of contention-based technologies will allow
efficient use of this spectrum by multiple users without significant
degradation of service. Thus, the Commission concluded that it is
appropriate and in the public interest to have a licensing scheme that
facilitates the sharing of this spectrum among multiple users. Such an
approach will also allow licensees in this spectrum maximum flexibility
to evolve their systems to meet uncertain future needs and
requirements.
13. The Commission emphasized that the adopted licensing
requirements for wireless operations in the 3650 MHz band are minimal
in nature. The record in this proceeding indicated that service
providers who typically operate on an unlicensed basis under our part
15 of the Commission's rules are interested in using this spectrum for
the development of wireless broadband services, particularly in
underserved and rural communities. The Commission did not impose any
eligibility restrictions other than the foreign ownership restriction
imposed by statute. The Commission also did not impose any in-band or
out-of-band spectrum aggregation limits. As a result, the Commission
noted, this band will be open to all potential wireless service
providers, including those with limited resources.
14. While the licensing and registration requirements adopted for
wireless broadband operations in the 3650 MHz band are minimal in
nature, the Commission found that they nevertheless provide benefits to
licensees and the public. For example, these requirements will ensure
that all terrestrial wireless systems operating in the 3650 MHz band
are identified, which should facilitate cooperation among users and
ensure that the Commission can monitor the development and usage of
this spectrum. Furthermore, while terrestrial licensees in this band
will not have interference protection rights of primary, exclusive use
licensees, the licensing scheme imposes on all licensees the mutual
obligation to cooperate and avoid harmful interference to one another.
Should a licensee become aware of harmful interference, even if not
intentionally caused, it must act in good faith to help eliminate the
interference. In addition, this licensing approach will protect
grandfathered FSS earth station and Federal Government operations that
will continue to operate in the band on a primary basis. In addition,
under the licensing scheme adopted, two principal concerns identified
by commenters--the need for high power operations and the need to
identify users operating in this band--will be met. Further, the
licensing scheme adopted will allow the Commission the opportunity to
obtain contact information, should the need arise. Further, site
registration will facilitate voluntary interference avoidance and
mitigation efforts among users and enable both the Commission and the
public to monitor the intensity of spectrum usage in the band.
15. The Commission recognized that some commenters advocated
exclusive licensing for the 3650 MHz band. However, the Commission
believed that on balance, the non-exclusive licensing approach adopted
in the R&O, combined with technical safeguards, is more suitable to the
unique characteristics of this band. The Commission explained that
although a non-exclusive approach may require voluntary coordination
efforts to avoid in-band terrestrial interference, the licensing regime
adopted in the R&O obligates licensees to cooperate to avoid harmful
interference, and makes the information necessary to conduct such
coordination available via a site registration database. Some
commenters have also raised contention as an issue; the record
indicated that this band is well-suited for high power broadband
operations using contention-based technologies that facilitate sharing.
The Commission believed that the licensing scheme and technical rules
adopted will result in investments in this band. In addition, because
of the limitations on the use of this band in coastal areas near FSS
earth stations, and because of the lack of obvious pairing
opportunities with other spectrum bands for duplex operations, much of
the interest in development of the band is focused on smaller markets
and less densely populated areas of the U.S. where there is less
likelihood of congestion and interference. Even in those larger markets
that will be open for terrestrial use, the Commission believed that
licensees in the band will have the incentive to develop spectrum
sharing practices based on the use of contention-based technologies
that will promote efficient use of the band. In short, the Commission
believed that its decision struck the best balance for all the
competing interests in a manner that best serves the public interest.
Nationwide Non-Exclusive Licensing
16. Under the rules adopted by the Commission, each terrestrial
licensee in the 3650 MHz band will have a non-exclusive nationwide
license and be required to register its fixed and base stations. The
licensee will be allowed to register all of its fixed and base stations
under one license. A non-exclusive nationwide wireless license does not
authorize operation of a fixed or base station in this band until that
station is registered. Each wireless licensee will be authorized to
operate on all 50 megahertz of the 3650 MHz band on a co-primary basis
with other wireless licensees, and there will be no spectrum
aggregation limits. As a result, wireless licensees in the 3650 MHz
band will be able to use as much of this spectrum as needed for their
operations as long as they comply with all applicable licensing,
service, and operating rules. All wireless licensees in the 3650 MHz
band will have equal rights to the use of this spectrum (i.e., no
priority for first-in users), but all these licensees will have a
mutual obligation to
[[Page 24715]]
cooperate and avoid harmful interference to one another.
17. Applicant qualification for non-exclusive nationwide wireless
licenses in the 3650 MHz band will be assessed in accordance with FCC
Form 601 and Commission rules. There will be no limit to the number of
non-exclusive nationwide wireless licenses that may be granted for this
spectrum, and these licenses will serve as a prerequisite for
registering individual fixed or base stations. The Commission notes
that registration process is simple and streamlined. It will be done
electronically. The initial filing date for these wireless licenses,
along with directions on how to use the Universal Licensing System
(ULS), will be announced in a future Wireless Telecommunications Bureau
(WTB) Public Notice. The Commission notes that in order to keep the ULS
licensing and registration data base accurate and up-to-date, it
delegates to the WTB the authority to adopt rules regarding the
reporting of data base information including reporting of any license
or station transfers. The WTB will issue a Public Notice seeking
comment on these issues, if needed.
Other Licensing Provisions
18. The 3650 MHz Service Rules NPRM sought comment on licensing,
operating and service rules related to wireless operations in the 3650
MHz band. In our subsequent Unlicensed NPRM, the Commission sought to
refresh the record on these issues. The Commission addressed these
issues in terms of how they relate to the non-exclusive nationwide
licensing scheme with fixed and base station registration provisions
for this spectrum.
19. Rule Part and Regulatory Status. The 3650 MHz Service Rules
NPRM sought comment on the rule part that should be utilized to govern
wireless operations and services in the 3650 MHz band and noted that
wireless broadband service licensees in the 3650 MHz band could be
subject to other rule parts depending on the types of operations and
services that they offered. Upon consideration of the record and given
the non-exclusive nationwide nature of the licenses in the 3650 MHz
band, the Commission decided to place the licensing, service, and
operation provisions for this spectrum under a new subpart that will be
entitled ``3650 MHz Wireless Broadband Services,'' created in the
existing part 90 of its rules. This rule part already contains
licensing, service and operating provisions for the private land mobile
radio (PLMR) services, including services that operate on certain
frequencies on a shared use basis. As with wireless services in the
3650 MHz band, this means that multiple licensees in these shared use
bands operate on the same frequencies in the same geographic areas
without exclusive spectrum usage rights and interference protections.
20. Licensees in the 3650 MHz band may provide services on a common
carrier or non-common carrier basis and will have flexibility to
designate their regulatory status based on any services they choose to
provide. Wireless licensees in the 3650 MHz band will be able to
provide all allowable services anywhere within their service area at
any time, consistent with whatever regulatory status they choose.
21. While wireless licensees in the 3650 MHz band will be subject
to specific licensing and operating provisions adopted in the R&O,
other rules may also apply to these licensees depending on the type of
service they provide. For instance, if a wireless licensee provides
Commercial Mobile Radio Services (CMRS), which makes the licensee a
common carrier, other obligations attach as a result of that decision
under Title II of the Communications Act or the Commission's rules
(e.g., universal service, CALEA).
22. Spectrum Aggregation Limits, Eligibility, and Foreign Ownership
Restrictions. The 3650 MHz Service Rules NPRM did not propose any in-
band or out-of-band spectrum aggregation limits nor did it propose any
eligibility restrictions on who can acquire a wireless license for this
spectrum, other than the statutory foreign ownership restrictions. In
this order, the Commission decided not to impose any spectrum
aggregation limits, either in-band or out-of-band, or eligibility
restrictions other than the statutory foreign ownership restrictions.
All potential wireless service providers will have equal access to this
band.
23. License Term and Renewal Expectancy. The 3650 MHz Service Rules
NPRM sought comment on a 10-year license term for wireless licenses in
the 3650 MHz band and the standard that should be used for granting a
renewal of that license. The Commission concluded that it is in the
public interest to adopt a 10-year license term. The Commission's
action is consistent with license terms adopted for other services
including certain services in part 90. A ten-year license term will
provide regulatory certainty and encourage investments in the band. At
the end of 10 years, licensees will be required through ULS to renew
their non-exclusive nationwide license for wireless operations in the
3650 MHz band. Since there is no limit on the number of wireless
licenses that will be granted for the 3650 MHz band, existing licensees
can expect to receive license renewals as long as they are in
compliance with the Commission's rules. In addition, renewal of a non-
exclusive nationwide license will automatically renew registration of
all fixed and base stations associated with that license.
24. Performance Requirements. The 3650 MHz Service Rules NPRM
sought comment on whether wireless licensees in the 3650 MHz band
should be subject to any performance or build-out requirements. Build-
out in this band will be driven by market demand and the ability to
meet this demand will not be restricted by a limited number of wireless
licenses or an exclusive licensing structure. As a result, the
Commission found that there was no need to impose a performance or
build-out requirement. Any interested party is free to meet this demand
at any time, as long as it has a valid wireless license, registers its
fixed and base stations, and complies with other applicable rules.
Although the Commission did not impose a performance requirement, it
required that licensees delete registrations for unused fixed and base
stations in order to maintain database integrity and facilitate
efficient coordination between licensees.
25. Disaggregation, Partitioning, and Secondary Markets. The 3650
MHz Service Rules NPRM sought comment on whether wireless licensees in
the 3650 MHz band should be able to partition their own service areas
and disaggregate their respective spectrum. Typically, wireless
licensees with exclusive licensing areas are permitted to partition and
disaggregate and commenters supported allowing wireless licensees in
the 3650 MHz band to be able to take advantage of these provisions.
26. The Commission found that its decision to license the 3650 MHz
band for wireless services on a non-exclusive nationwide basis obviates
the need to adopt partitioning and disaggregation provisions. Wireless
licensees in the 3650 MHz band, however, may assign or transfer their
non-exclusive nationwide licenses with all the fixed and base stations
registered under those licenses. A licensee can transfer affixed or
base station registered under its non-exclusive nationwide license to
another non-exclusive nationwide licensee so long as the first licensee
deletes the registered fixed or base station from its license and the
second licensee registers the station under its license.
[[Page 24716]]
27. For similar reasons, the Commission concluded that it need not
make its spectrum leasing rules applicable to wireless licensees in the
3650 MHz band. Accordingly, the spectrum leasing arrangements described
in the Secondary Markets Report and Order, 68 FR 66252, November 25,
2003, are not applicable, and the Commission does not see a need to
apply those spectrum leasing rules and policies to this spectrum at
this time.
Statutory Compliance for Licensing Approach
28. The Commission's decision to adopt a licensing scheme that
avoids mutual exclusivity comports with the competitive bidding
approach set forth in the Commission's Balanced Budget Act proceeding.
In the BBA Report and Order, 66 FR 33, January 2, 2001, the Commission
established a framework for exercise of the Commission's auction
authority, as expanded by the Balanced Budget Act. The BBA Report and
Order affirmed that, in identifying which classes of licenses should be
subject to competitive bidding, the Commission must pursue the public
interest objectives set forth in section 309(j)(3). Although Balanced
Budget Act did not amend section 309(j)(3)'s directive to consider
certain public interest objectives in identifying classes of licenses
and permits to be issued by competitive bidding, pursuant to that
statute, section 309(j)(1) did include a reference to the Commission's
obligation to avoid mutual exclusivity under section 309(j)(6)(E),
which directs the Commission to use engineering solutions, negotiation,
threshold qualifications, service regulations, or other means to avoid
mutual exclusivity where it is in the public interest to do so.
Accordingly, the BBA Report and Order affirmed that the Commission has
a continuing obligation to attempt to avoid mutual exclusivity by the
methods prescribed in section 309(j)(6) only when doing so furthers the
public interest goals set forth in section 309(j)(3).
29. In adopting the appropriate licensing scheme for any particular
spectrum band, the Commission has interpreted its statutory obligation
in a manner consistent with the opinion of the U.S. Court of Appeals
for the D.C. Circuit which stated, ``Section 309(j)(6)(E) imposes an
obligation only to minimize mutual exclusivity `in the public interest'
and `within the framework of existing policies.' '' The Commission's
decision regarding the appropriate licensing scheme for this particular
spectrum centers around the unique characteristics of the 3650-3700 MHz
band, including the need to protect grandfathered FSS earth station
operations against harmful interference, the lack of pairing
opportunities with other spectrum bands limiting the possibility of
duplex operations, and the goal of enabling multiple users to share
spectrum in the same geographic area without interference through the
use of contention based technologies. As the record reflects, this band
is well suited for high power broadband operations through such
technology, and this approach is therefore likely to lead to the
introduction of new and innovative broadband services in this band.
With respect to the 3650 MHz band, the Commission determined that it
serves the public interest and the Commission's policy objectives to
promote the rapid deployment of broadband services to assign non-
exclusive nationwide licenses for the use of this spectrum. Insofar as
this licensing scheme will not result in mutual exclusivity, the use of
competitive bidding is not required.
Technical Requirements
30. The Commission adopted the same magnitude of power limits for
terrestrial operations proposed in the NPRM, but qualified the limit in
terms of power density over a bandwidth. The Commission concluded that
FSS protection zones that are somewhat modified from those proposed in
the NPRM remain a viable tool for avoiding interference scenarios that
might arise from FS/MS operations. The Commission concluded that mobile
terrestrial operations could be accommodated while protecting
grandfathered FSS and Federal Government stations so long as such
operation is enabled by transmissions from a nearby fixed or base
station. The Commission also concluded that technologies using a
contention-based protocol are available that control access to spectrum
and thereby mitigate the possibility of interference that could result
from co-frequency operation of fixed and mobile stations, particularly
in congested operating environments. In that connection, the Commission
adopted equipment certification provisions to ensure that both fixed
and mobile stations incorporate the requisite contention-based
technologies. Interference caused by radiofrequency (RF) energy from a
fixed or base station transmitter into a nearby fixed or base station
received will be addressed by the process the Commission adopted to
register fixed and base stations so that they can operate at locations
and with technical parameters that will minimize the potential for
interference between stations. The Commission adopted out-of-band
emission limits for terrestrial operations and specify criteria for
operations in proximity to Canadian and Mexican borders. Finally, the
Commission retained the same 80 km coordination zone already
established in the rules for the protection of the three grandfathered
Federal Government stations operating in the band.
31. The Commission decided to leave it up to the industry to
determine flexible and efficient methods for meeting the technical
requirements adopted. In particular, the Commission noted that industry
would need to address issues such as contention-based protocols and
base-station enabled mobile operations.
32. Fixed Station Operating Power. In the NPRM, the Commission
proposed an EIRP limit of 25 Watts for fixed stations operating in the
3650 MHz band. The Commission adopted a peak power limit, expressed as
a power density, of 25 Watts per 25 megahertz bandwidth, for the
following reasons. First, the Commission noted that the majority of
commenters generally support the use of 25 watts for fixed operations.
Additionally, the Commission noted that the potential for a system to
cause interference is related to bandwidth in addition to power. In
this respect, the Commission recognized that different systems
operating in the 3650-3700 MHz band may utilize various operating
bandwidths. Consequently, the Commission believes that EIRP limits
should be specified not simply as a maximum power, but rather in terms
of power density (i.e., power per unit of occupied bandwidth). By
specifying the power limit in this way, protection of FSS earth
stations is simplified because a single separation distance can be
specified regardless of the bandwidth used. For example, a system using
a bandwidth of 25 megahertz may use the full 25 Watts peak EIRP, but a
system using only 1 megahertz bandwidth may only use 1 watt peak EIRP;
in either case, the power density is equivalent. If the EIRP limit were
not specified in this manner, a 1 megahertz system could use the full
25 watts, which, because all the power would be concentrated in a
relatively small bandwidth, would result in much larger separation
distances necessary to protect FSS earth stations, as compared to a
system with 25 megahertz bandwidth. Therefore, the Commission adopted a
fixed station peak power density of 25 Watts EIRP in any 25 megahertz
band. Furthermore, to promote additional flexibility in system design,
any combination of transmitter output power and antenna gain will be
[[Page 24717]]
permitted, so long as the peak 25 Watt/25 megahertz EIRP limit is not
exceeded. The Commission believes that the power density requirement it
adopted facilitates the goal of ensuring efficient use of the band. As
detailed, this limit results in reasonably sized protection zones
around FSS earth stations to maximize the area in which terrestrial
licensees can operate while also providing enough power for these
terrestrial operations to operate over sufficient ranges to provide
service to a large number of users.
33. Mobile station operations. Mobile operations, including mobile-
to-mobile, will be permitted under the rules we adopted in the R&O. The
Commission noted, however, that mobile operations pose a greater risk
of causing interference to FSS earth stations than fixed stations.
Based on the record, the Commission concluded that, before it can
transmit, a mobile station (including those operating in mobile-to-
mobile mode) will be required to positively receive and decode an
enabling signal transmitted by a base station. Thus, mere spurious
emissions from other RF sources, such as another mobile transmitter,
cannot enable a mobile to transmit. The Commission believes that this
approach will ensure that spurious emissions from nearby devices will
not inadvertently trigger the transmit ability of a mobile station.
Furthermore, this approach will ensure that any mobile station will be
within a reasonable distance of a base station and, thus, far from an
FSS earth station (or federal government station) before it can
transmit. The rules adopted will also allow for mobile-to-mobile
operations. Beyond the basic requirement for the use of base station
trigger, the Commission concluded that it should not adopt additional
requirements regarding the characteristics of the signal needed to
trigger mobile transmissions (e.g., signal level and content). Instead,
the Commission decided to leave it up to the industry to determine
flexible and efficient methods for meeting this requirement. The
Commission noted, however, that meeting this requirement should not
pose any undue burden upon manufactures inasmuch as equipment deployed
today already incorporates a similar mechanism.
34. Mobile operating power. In the NPRM, the Commission proposed to
limit mobile devices to a peak EIRP of 1 Watt. Accordingly, the
Commission concluded that a maximum peak EIRP of 1 Watt over a 25
megahertz bandwidth will provide a reasonable balance between
interference protection goals and fostering the most flexible use of
mobile stations in the 3650 MHz band. In the same manner as the power
limits for fixed stations, the Commission specified the mobile power
limit in terms of bandwidth density in order to accommodate systems
with various bandwidths while assuring predictable protection of
incumbent stations. The Commission also noted that this power/bandwidth
level is consistent with existing wireless mobile equipment operating
in other bands, and with proposed wireless mobile systems under
consideration by IEEE 802.16.
35. Antennas. In the NPRM, the Commission observed that sectorized
and phased array antennas could be used to create highly spectrum
efficient networks and could enable an application like a broadband
local area network to serve a number of spatially separated clients
from a single fixed antenna site. Such antennas allow systems to use
spectrum more efficiently by making it possible to re-use a given
frequency to communicate with different devices along non-overlapping
paths. The Commission believes that allowing such flexibility
encourages both new and novel antenna technologies that will foster
more intensive spectrum use.
36. The Commission concluded that transmitters installed at fixed
locations should not be prohibited from using any particular type of
antenna design. As a general requirement, the EIRP in any antenna beam
must be limited to 25 Watts per 25 megahertz. However, transmitters
using sectorized, scanning spot-beam, or other antenna types with
multiple beam capability shall be required to limit their EIRP in any
direction to no more than the limit the Commission adopted for fixed
systems (i.e., 25 Watts per 25 megahertz). Thus, the aggregate power
transmitted simultaneously on overlapping beams will have to be reduced
such that the EIRP in the area of overlap does not exceed the limit for
a single beam. In addition, to allow flexibility in deployment of
advanced antenna systems, including sectorized and adaptive array
systems, the Commission will allow systems using these antennas to
operate with an aggregate transmit output power transmitted
simultaneously on all beams of up to 8 dB above the limit for an
individual beam. The Commission believes that these rules will provide
flexibility for licensees to employ a wide variety of advanced antennas
to meet their needs while still ensuring protection to FSS earth
stations. Applications for equipment authorization must include the
algorithm that confirms that this requirement is met.
37. Protection of terrestrial stations. Under the licensing scheme
being adopted for terrestrial transmitters in the 3650-3700 MHz band,
it will be possible for both base and mobile stations to operate
virtually anywhere--except near FSS earth stations and Federal
stations. Mechanisms must therefore be in place to ensure operation on
an interference-free basis. The Commission stated that it is concerned
about two different kinds of interference in the 3650-3700 MHz band.
The first could occur if the radiofrequency (RF) energy from a fixed or
base station transmitter interferes with the performance of a nearby
fixed or base station receiver. The second type of interference could
take place if two or more stations are competing with each other for
access to the spectrum. With regard to the former, the Commission will
provide, at http://wireless.fcc.gov/uls, information regarding the
location of all registered stations in the band. Parties seeking to
register a new station should examine this database, and then make
every effort to ensure that their station operates at a location, and
with technical parameters, that would minimize the potential for mutual
interference between both the new and existing stations.
38. The Commission believes the best way of preventing the second
form of interference from occurring is to require systems operating in
the 3650-3700 MHz band to incorporate a contention-based protocol. Such
protocols can be characterized by having the following properties:
Procedures for initiating new transmissions, procedures for determining
the state of the channel (available or unavailable), and procedures for
managing retransmissions in the event of a busy channel.
39. Systems using a contention-based protocol have been common for
quite some time for both licensed and unlicensed systems. Because it is
not according terrestrial licensees exclusive use of the spectrum in
any area and because it desires to provide for widespread deployment of
equipment, the Commission believes that a contention-based protocol is
a reasonable, cost effective method for ensuring the ability of any
user to access the spectrum. A contention based protocol also will have
to ensure that all users will have a reasonable opportunity to operate,
so that no operator can block others' access to the spectrum.
Accordingly, the Commission required fixed, base and mobile equipment
designed for use in the 3650 MHz band to incorporate some type of
contention based protocol. Consistent with past
[[Page 24718]]
practice, the Commission did not specify a specific protocol, but left
it to the industry and standards bodies to determine appropriate
protocols. The incorporation of such a protocol will be a requirement
of the equipment certification process, and equipment that appears to
be designed to preclude others from using this spectrum will not be
approved. In monitoring the use of this spectrum, the Commission noted
that it remains free to modify the rules if there appears to be
significant problems in this regard. The Commission also added a
definition of contention-based protocol into the rules, see section
90.7.
40. FSS Earth Station Protection. Under the streamlined licensing
approach adopted in the R&O, terrestrial FS/MS operations must continue
to protect satellite earth stations that retain their primary status
under our FSS grandfathering provisions for the 3650 MHz band. The
Commission adopted circular protection zones of 150 km around the
grandfathered earth stations. The Commission recognizes that the
simplified circular protection zones that we are being imposed here
employs a high degree of worst-case conservatism that, in many
instances, could result in prohibiting the use of transmitters in less-
than-worst-case circumstances where, in reality, there would be no
likelihood of interference to FSS earth stations. To provide additional
flexibility in the face of these conservative protection zones, the
Commission determined that it will allow terrestrial operations within
these protection zones, so long as they negotiate agreements with the
earth stations operators.
41. The Commission adopted a registration requirement as an
integral part of the streamlined licensing scheme for the 3650 MHz
band. The Commission noted that this approach would ensure that the
locations of all terrestrial users are known. To further assure that
FSS earth stations are adequately protected, the Commission imposed the
protection distance as a circular zone around the earth station. This
differs from the proposal made in the NPRM of using a keyhole-like
pattern based on the earth station pointing towards a specific
satellite. The Commission made this decision because, in practice, each
earth station can look at multiple satellites across the geostationary
arc. Thus, a circular protection zone is more appropriate for ensuring
interference protection in all cases. In addition, the Commission
pointed out that using a circular zone has the benefit of simplicity
for all parties as it is easy to determine exactly which areas are
excluded from terrestrial station operation.
42. Finally, the Commission noted that a more accurate
determination of the requisite separation distances could be derived if
the particular operating parameters of both the fixed terrestrial
transmitter and protected FSS earth stations are taken into account.
However, requiring operators to independently make detailed
transmission path and link budget calculations could be unduly
burdensome. The Commission recognized, however, that such operation
within the conservative portion of the protection zone is possible, and
thus will allow such operation so long as the FS station and the FSS
station licensees mutually agree on appropriate operating parameters.
An FS entity that requests to operate within the protection zone will
be required to negotiate with each protected earth station that is
potentially affected by the proposed fixed or mobile operation.
Further, the FSS station licensee must not refuse to negotiate with the
fixed licensee, and both parties should negotiate in good faith. The
results of these negotiations must be documented and kept with the
station's records in the event that the Commission needs this
information.
43. Equipment Authorization Requirements. As discussed in the
licensing sections of the R&O, the Commission adopted rules to license
terrestrial operations in the 3650 MHz band under part 90 of its rules.
In addition, the Commission noted that there already exists a general
requirement for all equipment to obtain certification under that rule
part. This requirement recognizes that there is a certain ``core
group'' of equipment that requires a higher level of oversight than
manufacturer's self-approval (Declaration of Conformance or
Verification), due to a high risk of non-compliance, the potential to
create significant interference to safety and other communication
services, and the need to ensure compliance with the requirements to
protect against radio frequency exposure. The Commission found that
because of the risk of interference to FSS earth stations, equipment
designed for operation in the 3650 MHz band falls into this ``core
group'' of equipment. Thus, as with other part 90 equipment, the
Commission required manufacturers to obtain certification for their
equipment. The Commission noted that applications for equipment
authorization must contain specific information regarding the methods
employed to meet our rules. Specifically, certification applications
for systems using advanced antenna technology must provide the
algorithm used to reduce the EIRP to the maximum allowed in the event
of overlapping beams. In addition, the application must contain
information discussing how the equipment meets the requirement to
employ a contention based protocol for gaining access to the spectrum
and for mobile transmitters, including a description of how the
requirement to positively receive and decode an enabling signal is
incorporated.
44. The Commission noted, that the rules currently require
certification to be approved by the Commission or a designated
Telecommunication Certification Body (TCB) before they may be marketed.
In General Docket 98-68, we established the requirements for TCBs that
are allowed to approve equipment in the same manner as the Commission.
In that proceeding, the Commission stated that while it intended to use
TCBs to certify a broad range of equipment, we found that certain
functions should continue to be performed by the Commission. The
functions included certifying new or unique equipment for which the
rules or requirements do not exist or for which the application of the
rules is not clear. Because it had not previously specified that
certification would be based on specification of a contention based
protocol, nor on the ability of a mobile station to transmit only after
receiving an enabling signal from a base station, the Commission,
believes that many questions about the application of the rules may
arise. Thus, the Commission decided that TCBs should not be permitted
to certify or approve permissive changes for equipment operating under
the rules adopted until it gains sufficient experience with this band.
Once the Commission gains sufficient experience with equipment in this
band, it will determine whether TCBs should be permitted to certify
them. Accordingly, until the Chief of the Office of Engineering and
Technology acting under the existing delegated authority issues an
announcement by public notice, TCBs will not be permitted to certify
equipment in the 3650-3700 MHz band.
45. RF Safety. The Commission decided that it will require
manufacturers to obtain certification for their equipment, among other
reasons, to address the need for compliance with the requirements to
protect against radio frequency (RF) exposure. In addition, licensees
are responsible for ensuring that transmitting equipment, as actually
installed, continues to meet RF exposure guidelines. For example, fixed
[[Page 24719]]
transmitters operating at the peak EIRP output power of 25 Watts/25 MHz
authorized in the R&O would not generally be required to undergo
routine RF safety evaluation as a part of the equipment certification
process because installation constraints typically result in sufficient
separation distances such that human exposure limits would not be
exceeded. Nevertheless, the Commission, recognized that such
transmitters, particularly those that might be licensed by individuals
or other small entities, could have a greater chance of being installed
in a diverse range of atypical environments; possibly, for example,
even inside a residential home. In such instances, an improper
installation could result in circumstances where RF safety standards
might be exceeded due to a reduced separation distance. Consequently,
the Commission required, as part of the certification process, that
equipment manufacturers include sufficiently detailed installation
instructions and guidelines to ensure that licensees locate such
transmitters in a manner that will maintain appropriate human exposure
separations at all times.
46. By comparison, non-fixed transmitters generally require
additional evaluation as a part of the manufacturer's equipment
certification process. Based upon the peak EIRP operating limit of 1
Watt specified here. The Commission required routine evaluation for
these devices to demonstrate RF exposure compliance. In any event,
manufacturers are responsible for ensuring that any equipment they
design, manufacture, and sell meets the corresponding RF safety limits.
Licensees of non-fixed transmitters may generally rely upon the
manufacturers' equipment certification that RF exposure guidelines for
that equipment have been met.
47. Federal Government Facilities. In the NPRM, the Commission
sought comment on whether the methods described in the NPRM would
provide an effective means of protecting the three Federal Government
radiolocation stations that operate in the 3650-3700 MHz band on a
primary basis. These stations, located at St. Inigoes, MD, Pascagoula,
MS, and Pensacola, FL, were grandfathered as a condition of the
transfer of the 3650 MHz band to a mixed-use status. The current rules
require that FS and FSS stations located within 80 kilometers of each
site coordinate with the Federal Government. As noted, this protection
criterion for Federal stations has been in existence for fixed stations
since 1999 and the Commission did not propose to alter it. Thus, the
Commission will continue to require coordination with NTIA through the
Frequency Assignment Subcommittee of the Interdepartmental Radio
Advisory Committee for any station that requests registration of a site
closer than 80 km from the three specified radiolocation sites. The
Commission, further noted that our ULS system has the capability of
screening for any terrestrial applications that might propose site
coordinates located within the 80 kilometer coordination zone and,
within approximately 24 hours, flag that application for any necessary
coordination.
48. Furthermore, the Commission called to the attention of
potential users of the 3650-3700 MHz band that the adjacent 3600-3650
MHz band is used by high power federal government radar systems and
they are not limited to the three protected sites. Consequently,
terrestrial transmitter/receiver manufacturers will likely find the
need to incorporate design measures to protect their equipment from
possible overload by these adjacent band radar signals. The Commission
strongly recommends that parties installing equipment in this band
should determine if there are any nearby Federal Government radar
systems that could affect their operations. Information regarding the
locations and operational characteristics of the radar systems
operating adjacent to this band are provided in NTIA TR-99-361.
49. Operation in Proximity to U.S. Borders. To provide sufficient
protection to Canadian and Mexican stations operating in the 3650-3700
MHz band that are located near the U.S. borders, the Commission
proposed in the NPRM to require that fixed devices be located at least
8 kilometers from the U.S./Canada or U.S./Mexico border if the antenna
of the device looks within the 160[deg] sector away from the border and
be located at least 56 kilometers from each border if the device looks
within the 200[deg] sector towards the border. This proposal is
consistent with the treatment of licensed fixed stations in bands above
470 MHz along the U.S./Canada border. The Commission concluded that
these same considerations apply to the type of licensed operation that
we permit in the R&O. Accordingly, the Commission adopted the
requirements for operation near the borders as proposed. The Commission
pointed out, however, that even under these guidelines, operators might
need to further reduce their power to protect FSS earth stations in
Canada or Mexico. It further note that, under our current agreement
with Canada, operations within the distances specified above may be
permitted if we are able to coordinate such use with Canada. The
Commission noted that it currently has no agreement with Mexico to
permit such coordinated use at this time, but in the future, it may
negotiate more specific agreements with Mexico and Canada to govern
operations near our borders in the 3650-3700 MHz band. Licensees in
this band would be required to comply with the provisions of such
agreements.
50. Adjacent Band Emissions. In the NPRM, the Commission sought
updated comment on what interference criteria might be used to protect
adjacent band services from licensed systems operating in the 3650 MHz
band. For example, the Commission asked if it should require that
licensed non-fixed devices comply with the field strength limit
described in the NPRM for unlicensed devices; or whether we should
require that licensed fixed stations comply with a particular field
strength limit or satisfy the adjacent band protection criteria
proposed in the 3650 MHz Service Rules Second NPRM. In the 3650 MHz
Service Rules Second NPRM, the Commission proposed that, in order to
protect FSS operations in the 3700-4200 MHz band from interference,
terrestrial stations operating in the 3650-3700 MHz band would have to
comply with the part 101 emission limits already in place to protect
such FSS systems from licensed fixed stations operating in the 3700-
4200 MHz band. Therein, the Commission, discussed a proposal made
earlier in the ET Docket 98-237 proceeding concerning whether the out
of band emission limit defined by 43 + 10 log(P) dB minimum attenuation
that applies to broadband PCS should be applied to FS operations in the
3650-3700 MHz band. Comments to that earlier proposal were divided. In
that context, the Commission proposed in the 3650 MHz Service Rules
NPRM to require that terrestrial service equipment operating in the
3650-3700 MHz band comply with the emission limits already in place for
FS operation in the adjacent 3700-4200 MHz band. Commenters to that
proposal were similarly split on what criterion to apply.
51. The Commission adopted rules here to require that new
terrestrial operations in the 3650 MHz band limit emissions into the
adjacent 3600-3650 MHz and 3700-4400 MHz bands by a minimum attenuation
of 43 + 10 log(P) below the transmit power. That is, the power of any
emission outside of the authorized operating frequency ranges must be
attenuated below the transmitting power (P) by a factor of at
[[Page 24720]]
least 43 + 10 log(P). The Commission noted that this requirement is
consistent with the out of band emission limit specified in several of
the Commission's rule parts (reference) for wireless devices including
higher power devices. Furthermore, the limit specified in this section
is a generic limit that has been applied successfully for many of our
wireless services. Finally, the Commission noted that this limit is
very conservative, especially for coded digital signals which generally
decay more rapidly and produce lower levels of out of band emission
than analog signals. On balance, therefore, the Commission believes
that this criterion should provide appropriate protection from out of
band emission.
52. Space station power flux density. In the 3650 MHz Service Rules
NPRM the Commission sought comment on whether it should adopt a rule
for the power flux density (pfd) that a space station operating in the
3650-3700 MHz band may produce consistent with the limit for space
stations in the adjacent 3700-4200 MHz band. The limit for the 3700-
4200 MHz band, which is contained in Sec. 25.208(a) of the
Commission's rules, is identical to the limit in the ITU Radio
Regulations, which applies throughout the 3400-4200 MHz band. One
commenter supported applying the same pfd limit in the 3650-3700 MHz
band as is applied to the upper adjacent band. In order to conform its
rules in this regard to the ITU Radio Regulations, the Commission
applied the same pfd limit in the 3650-3700 MHz band as it does in the
3700-4200 MHz band.
Memorandum Opinion and Order
53. In the MO&O, the Commission addressed several petitions for
reconsideration and an emergency motion for stay that were filed in
response to the 3650 MHz Allocation Order in ET Docket No. 98-237.
54. Consistent with its conclusion in the Unlicensed Operation
NPRM, the Commission found no statutory obstacle to its decision to
affirm its previous allocation decisions, in the Unlicensed Operation
NPRM, the Commission, concluded that it did not have any remaining
statutory obligations under section 3002 of the BBA. Moreover, in
consideration of its decision to adopt a licensing approach that does
not result in the acceptance of mutually-exclusive applications, the
arguments presented by satellite interests to the effect that the
Commission inappropriately determined that the 3650 MHz band could
satisfy the requirements of section 3002 of the BBA are moot.
Allocation Issues
55. Petitioners generally challenge the rules adopted in the 3650
MHz Allocation Order that created a new, primary FS/MS allocation and
made future, non-grandfathered FSS earth stations secondary. In the
NPRM, the Commission, asked for comments to refresh the record on the
full range of allocation, technical, service and licensing issues
raised in this proceeding--including the possibility of revisiting the
FSS allocation status in the 3650 MHz band. Thus, the Commission
concluded that it had considered anew the potential benefit of
different sharing mechanisms in light of this renewed and expanded
record. With more specific relation to these petitions for
reconsideration, the Commission found that its decision here affirms
the FSS allocation changes made in the 3650 MHz Allocation Order. The
Commission stated that, in essence, it had decided that it is desirable
to foster new terrestrial services under the FS/MS allocations while
protecting a relatively small and static number of grandfathered FSS
earth stations in the band. It further noted that it was accomplishing
this goal by providing a mechanism (under a streamlined licensing
approach) for preventing and addressing any interference concerns of
FSS earth stations that might arise from sharing the band with
terrestrial operations. The Commission , thus found that its decision
strikes a balance among a number of competing factors in a manner that
its believe will best serve the public interest and foster the
expeditious introduction of new terrestrial services in the 3650 MHz
band.
56. Therefore, In light of its full review of the refreshed record
in this proceeding, and in light of the decisions made in the companion
R&O, the Commission denied the aspects of the petitions that challenge
and seek to reverse the allocation decisions made in the 3650 MHz
Allocation Order.
TT&C Issues
57. The Commission denied the petitions for reconsideration insofar
as they request that it allow in the 3650 MHz band new TT&C earth
stations on a primary basis for out-of-band FSS systems. The Commission
concluded, as it stated in the 3650 MHz Service Rules NPRM, that the
basic purpose of the part 25 in-band rules for TT&C is valid. In
particular Sec. 25.202(g) of the rules effectively limits FSS
operators to operating TT&C links in the same frequency bands as their
FSS operations. Thus, a GSO/FSS operator will generally coordinate its
TT&C operations with the same set of satellites, at adjacent orbital
locations, with which it coordinates its FSS operations. This
simplifies the coordination process for FSS systems and also provides
an incentive for an operator to maximize the efficiency of a system's
TT&C operations while minimizing the constraints placed on other
satellite operations. The Commission noted that its decision is based
on a recognition that certain events have occurred since these
petitions were filed that mitigate the need to provide the requested
relief. In particular, the Commission noted, that it has since
authorized satellite systems in the Ka band with TT&C links to be
located within band. As a result, TT&C facilities are now available for
Ka band systems. As for pending V band system applications, the
Commission believes that it is better to address the TT&C needs of
particular systems in the context of acting on specific applications
for waiver rather than modify the rule based on generalized arguments
that some assigned frequency bands of satellite systems are so
congested, unreliable, or lacking in manufactured equipment as to
render in-band TT&C operations unfeasible.
58. With regard to the filing deadline for co-primary TT&C earth
station applications, the secondary status of non-grandfathered TT&C
sites, and the restriction on grandfathered TT&C sites to frequencies
for which the earth station is already licensed, the Commission
believes that those aspects of its decision in the 3650 MHz Allocation
Order are necessary measures that help ensure the terrestrial
operations under the primary FS/MS allocations are not unduly hampered.
The Commission, thus declines to modify these decisions. Furthermore,
the Commission, clarified that the decision in the 3650 MHz Allocation
Order was not intended to exempt from the FSS application ``freeze,''
as EchoStar requests, any future requests for earth stations for TT&C
operations that serve satellites already authorized in the 3650 MHz
band, including new uplink sites. Nonetheless, the Commission,
recognizes that individual cases of particular need, particularly for
systems already authorized for the 3650 MHz band, can be better
addressed through a waiver process that would evaluate each request on
its merit.
Emergency Motion for Stay
59. In October, 2000, the Commission determined that it was
necessary to establish a limit on the acceptance of applications and on
the construction of
[[Page 24721]]
FSS facilities that would be considered primary under the established
grandfathering provisions. Accordingly, in the 3650 MHz Allocation
Order, the Commission decided that applications for FSS earth stations
in the 3650-3700 MHz band located within 10 miles of the authorized
coordinates of an existing grandfathered earth station must be filed
prior to December 1, 2000, in order to still be considered co-primary.
60. The Commission, denied the motion for stay. When the Commission
established the November 30, 2000, filing deadline, it did so because
it found that additional new FSS facilities permitted by the Freeze
MO&O could affect the use of the 3650-3700 MHz band by the terrestrial
services. By deciding in this Order to maintain the FSS allocation
changes made in the 3650 MHz Allocation Order, the Commission,
reaffirmed its conclusion that allowing additional primary FSS earth
stations in the 3650 MHz band could negatively affect the prospects for
viable FS/MS terrestrial operations. In light of the foregoing, the
Commission, concluded that granting the stay (with the possible
consequence of establishing new FSS filing window, and thereby
increasing the number of primary FSS earth stations in the band) would
be directly counter to its fundamental judgments concerning future use
of the 3650 MHz band and would not serve the public interest.
Ordering Clauses
61. Pursuant to the authority contained in sections 4(i), 302,
303(e), 303(f), and 307 of the Communications Act of 1934, as amended,
47 U.S.C. 154(i), 302, 303(c), 303(f), and 307 this Report and Order is
hereby adopted.
62. Parts 1, 2, 15, and 90 of the Commission's rules are amended as
specified in Rules Changes, and such rule amendments shall be effective
30 days after publication in the Federal Register. The Report and 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. The Federal
Communications Commission will publish a document in the Federal
Register following approval of the information collection by the Office
of Management and Budget (``OMB'') announcing the effective date of
those rules.
63. Pursuant to sections 4(i), 302, 303(e), 303(f), 303(r) and 307
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 302,
303(e), 303(f), 303(r) and 307, the 3650 MHz Proceeding in ET Docket
No. 98-237 is terminated.
64. Pursuant to sections 4(i), 302, 303(e), 303(f), 303(g), 303(r)
and 405 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 302, 303(e), 303(f), 303(g) and 405, that the petitions for
reconsideration of the 3650 MHz Allocation Order are denied.
65. Pursuant to sections 4(i), 302, 303(e), 303(f), 303(g), 303(r)
and 405 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 302, 303(e), 303(f), 303(g) and 405, that the Emergency Motion
for Stay of the 3650 MHz Allocation Order is denied.
66. Pursuant to 47 U.S.C. 155(c) and 47 CFR 0.131(c) and 0.331, the
Wireless Telecommunications Bureau is granted delegated authority to
adopt requirements regarding the reporting of registration and
licensing information, pertaining to the 3650 MHz Wireless Broadband
Services, in the Universal Licensing System database.
67. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Report and
Order and Memorandum Opinion and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
Final Regulatory Flexibility Analysis
68. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IFRA) was
incorporated in the Notice of Proposed Rule Making (NPRM), ``Unlicensed
Operation in the Band 3650-3700 MHz.'' \2\ The Commission sought
written public comments on the proposals in the NPRM, including comment
on the IRFA. This Final Regulatory Flexibility Analysis conforms to the
RFA.\3\
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See Notice of Proposed Rule Making in ET Docket No. 04-151,
19 FCC Rcd 7545 (7580) (2004).
\3\ See 5 U.S.C. 604.
---------------------------------------------------------------------------
A. Need for, and Objectives of, the Report and Order
69. The Report and Order (``Order'') adopts rules that provide for
nationwide, non-exclusive, licensing of terrestrial operations,
utilizing contention-based technologies, in the 3650-3700 MHz band
(3650 MHz band).
The Order would take the following actions:
Maintain the existing Fixed Satellite Service (FSS) and
Fixed Service (FS) allocations and modify the Mobile Service (MS)
allocation to delete the restriction against mobile-to-mobile
operations in the 3650 MHz band. The Order would also maintain the
international/intercontinental operation requirements for FSS earth
stations.
Adopt a streamlined licensing mechanism that will serve as
a safeguard to protect incumbent satellite earth stations and Federal
Government radiolocation stations from harmful interference
Establish minimal regulatory entry requirements that
should encourage multiple entrants and stimulate the rapid expansion of
broadband services, especially in rural America
Establish licensing, service and technical rules that
allow fixed, and base-station-enabled mobile terrestrial operations
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
70. None.
C. Description and Estimate of the Number of Small Entities To Which
Rules Will Apply
71. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of, the number of small entities that may
be affected by the rules adopted herein.\4\ The RFA generally defines
the term ``small entity'' as having the same meaning as the terms,
``small business,'' ``small organizations,'' and ``small governmental
jurisdiction.'' \5\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\6\ A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).\7\ Nationwide, there are a total
of 22.4 million small businesses, according to SBA data.\8\
---------------------------------------------------------------------------
\4\ See 5 U.S.C. 604(a)(3).
\5\ 5 U.S.C. 601(6).
\6\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\7\ 15 U.S.C. 632.
\8\ See SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
page 40 (July 2002).
---------------------------------------------------------------------------
72. A ``small organization'' is generally ``any not-for-profit
enterprise
[[Page 24722]]
which is independently owned and operated and is not dominant in its
field.'' \9\ Nationwide, there are approximately 1.6 million small
organizations.\10\ The term ``small governmental jurisdiction'' is
defined as ``governments of cities, towns, townships, villages, school
districts, or special districts, with a population of less than fifty
thousand.'' \11\ As of 1997, there were approximately 87,453
governmental jurisdictions in the United States.\12\ This number
includes 39,044 county governments, municipalities, and townships, of
which 37,546 (approximately 96.2%) have populations of fewer than
50,000, and of which 1,498 have populations of 50,000 or more. Thus, we
estimate the number of small governmental jurisdictions overall to be
84,098 or fewer.
---------------------------------------------------------------------------
\9\ See 5 U.S.C. 601(4).
\10\ Independent Sector, The New Nonprofit Almanac & Desk
Reference (2002).
\11\ 5 U.S.C. 601(5).
\12\ U.S. Census Bureau, Statistical Abstract of the United
States: 2000, Section 9, pages 299-300, Tables 490 and 492.
---------------------------------------------------------------------------
73. The Commission has not developed a definition of small entities
applicable to manufacturers of communications devices that are licensed
on a nationwide, non-exclusive basis. Therefore, we will utilize the
SBA definition applicable to Radio and Television Broadcasting and
Wireless Communications Equipment Manufacturing. Examples of products
in this category include ``transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment'' \13\ and may include other devices that
transmit and receive IP-enabled services, such as personal digital
assistants (PDAs). Under the SBA size standard, firms are considered
small if they have 750 or fewer employees.\14\ According to Census
Bureau data for 1997, there were 1,215 establishments \15\ in this
category that operated for the entire year.\16\ Of those, there were
1,150 that had employment of under 500, and an additional 37 that had
employment of 500 to 999. The percentage of wireless equipment
manufacturers in this category was approximately 61.35%,\17\ so we
estimate that the number of wireless equipment manufacturers with
employment of under 500 was actually closer to 706, with an additional
23 establishments having employment of between 500 and 999.
Consequently, we estimate that the majority of wireless communications
equipment manufacturers that may be affected by our action are small
entities.
---------------------------------------------------------------------------
\13\ Office of Management and Budget, North American Industry
Classification System, pages 308-09 (1997) (NAICS code 334220).
\14\ 13 CFR 121.201, NAICS code 334220.
\15\ The number of ``establishments'' is a less helpful
indicator of small business prevalence in this context than would be
the number of ``firms'' or ``companies,'' because the latter take
into account the concept of common ownership or control. Any single
physical location for an entity is an establishment, even though
that location may be owned by a different establishment. Thus, the
numbers given may reflect inflated numbers of businesses in this
category, including the numbers of small businesses. In this
category, the Census breaks-out data for firms or companies only to
give the total number of such entities for 1997, which was 1,089.
\16\ U.S. Census Bureau, 1997 Economic Census, Industry Series:
Manufacturing, ``Industry Statistics by Employment Size,'' Table 4,
NAICS code 334220 (issued Aug. 1999).
\17\ Id. Table 5.
---------------------------------------------------------------------------
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
74. The terrestrial service operations authorized by this Order
will be governed by new regulations that will be housed in part 90 of
our rules. There presently exists a general requirement for all
equipment to obtain certification under part 90.\18\ Thus, as with
other part 90 equipment, we will require manufacturers to obtain
similar certification for their equipment.\19\ Consequently, the new
equipment certification rules adopted for part 90 in this proceeding
for transmitters operating the 3650-3700 MHz band would apply similar
reporting or recordkeeping requirements. Further, the regulations add
permissible operating frequencies for broadband and other
technologically advanced uses. The adopted regulations would not
require the modification of any existing products. Additionally, rules
adopted for use of the 3650 MHz band require that all applicants and
licensees shall cooperate in the selection and use of frequencies in
the 3650-3700 MHz band in order to minimize the potential for
interference and make the most effective use of the authorized
facilities.\20\ A database identifying the locations of registered
stations will be available at the FCC's website to facilitate such
cooperation.
---------------------------------------------------------------------------
\18\ See 47 CFR 90.203.
\19\ See Order at ] 69-70, infra.
\20\ See adopted new rule Sec. 90.1319(c) in Appendix A.
---------------------------------------------------------------------------
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
75. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities. 5 U.S.C. 603.
76. In the NPRM, the Commission proposed a regulatory scheme for
the 3650 MHz band that would have permitted unlicensed use of the band.
The NPRM also sought comment on alternative approaches, including those
that would provide for licensing of terrestrial operations. Based upon
comments to the NPRM and further analysis, this Order adopts an
approach that provides for nationwide, non-exclusive licensed
operations. Consistent with the underlying goals expressed in the NPRM,
we believe that this approach will best provide for the introduction of
a new variety of broadband services and technologies in the 3650 MHz
band, while protecting grandfathered FSS earth station operations from
harmful interference that may be caused by the new services and
technologies.
77. We see no evidence that the rules set forth in the Report and
Order and Memorandum Opinion and Order will have a significant economic
impact on small entities. The costs involved in the selection and use
of frequencies by affected entities, including small entities, should
be minimal because of the available on-line database to assist with
these efforts. Furthermore, these minimal costs will be shared by all
entities that use the 3650 MHz band. In particular, as noted in the
Report and Order, the streamlined licensing approach should also reduce
the costs and regulatory requirements to obtaining a license.\21\
---------------------------------------------------------------------------
\21\ See, e.g., 3650 MHz Report and Order at paragraphs 27-29.
---------------------------------------------------------------------------
F. Report to Congress
78. The Commission will send a copy of the Report and Order and
Memorandum Opinion and Order, including this FRFA, in a report to be
sent to Congress and the Government Accountability Office, pursuant to
the Congressional Review Act.\22\ In addition, the Commission will send
a copy of the Report and Order and
[[Page 24723]]
Memorandum Opinion and Order, including this FRFA, to the Chief Counsel
for Advocacy of the SBA.
---------------------------------------------------------------------------
\22\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------
List of Subjects in Parts 1, 2, 25, and 90
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rules Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 1, 2, 25, and 90 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309,
and 325(e).
0
2. Section 1.1307 is amended by revising paragraph (b) (2) to read as
follows:
Sec. 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assessments (EAs) must be prepared.
* * * * *
(b) * * *
(2) Mobile and portable transmitting devices that operate in the
Cellular Radiotelephone Service, the Personal Communications Services
(PCS), the Satellite Communications Services, the Wireless
Communications Service, the Maritime Services (ship earth stations
only), the Specialized Mobile Radio Service, and the 3650MHz Wireless
Broadband Service authorized under Subpart H of parts 22, 24, 25, 27,
80, and 90 of this chapter are subject to routine environmental
evaluation for RF exposure prior to equipment authorization or use, as
specified in Sec. Sec. 2.1091 and 2.1093 of this chapter. Unlicensed
PCS, unlicensed NII and millimeter wave devices are also subject to
routine environmental evaluation for RF exposure prior to equipment
authorization or use, as specified in Sec. Sec. 15.253(f), 15.255(g),
15.319(i), and 15.407(f) of this chapter. Portable transmitting
equipment for use in the Wireless Medical Telemetry Service (WMTS) is
subject to routine environment evaluation as specified in Sec. Sec.
2.1093 and 5.1125 of this chapter. Equipment authorized for use in the
Medical Implant Communications Service (MICS) as a medical implant
transmitter (as defined in Appendix 1 to Subpart E of part 95 of this
chapter) is subject to routine environmental evaluation for RF exposure
prior to equipment authorization, as specified in Sec. 2.1093 of this
chapter by finite difference time domain computational modeling or
laboratory measurement techniques. Where a showing is based on
computational modeling, the Commission retains the discretion to
request that specific absorption rate measurement data be submitted.
All other mobile, portable, and unlicensed transmitting devices are
categorically excluded from routine environmental evaluation for RF
exposure under Sec. Sec. 2.1091, 2.1093 of this chapter except as
specified in paragraphs (c) and (d) of this section.
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
3. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
4. Section 2.106 is amended as follows:
0
a. Revise page 54.
0
b. In the list of United States footnotes, revise footnote US245.
0
c. In the list of non-Federal Government footnotes, remove footnote
NG170 and add footnote NG185.
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
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[[Page 24724]]
[GRAPHIC] [TIFF OMITTED] TR11MY05.000
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[[Page 24725]]
* * * * *
United States (US) Footnotes
* * * * *
US245 In the bands 3600-3650 MHz (space-to-Earth), 4500-4800 MHz
(space-to-Earth), and 5850-5925 MHz (Earth-to-space), the use of the
non-Federal fixed-satellite service is limited to international
inter-continental systems and is subject to case-by-case
electromagnetic compatibility analysis. The FCC's policy for these
bands is codified at 47 CFR 2.108.
* * * * *
Non-Federal (NG) Footnotes
* * * * *
NG185 In the band 3650-3700 MHz, the use of the non-Federal
fixed-satellite service (space-to-Earth) is limited to international
inter-continental systems.
* * * * *
0
5. Section 2.1091 is amended by revising paragraph (c) to read as
follows:
Sec. 2.1091 Radiofrequency radiation exposure evaluation: mobile
devices.
* * * * *
(c) Mobile devices that operate in the Cellular Radiotelephone
Service, the Personal Communications Services, the Satellite
Communications Services, the Wireless Communications Service, the
Maritime Services and the Specialized Mobile Radio Service, and the
3650 MHz Wireless Broadband Service authorized under subpart H of part
22 of this chapter, parts 24, 25 and 27 of this chapter, part 80 of
this chapter (ship earth stations devices only) and part 90 of this
chapter are subject to routine environmental evaluation for RF exposure
prior to equipment authorization or use if they operate at frequencies
of 1.5 GHz or below and their effective radiated power (ERP) is 1.5
watts or more, or if they operate at frequencies above 1.5 GHz and
their ERP is 3 watts or more. Unlicensed personal communications
service devices, unlicensed millimeter wave devices and unlicensed NII
devices authorized under Sec. Sec. 15.253, 15.255, and 15.257, and
subparts D and E of part 15 of this chapter are also subject to routine
environmental evaluation for RF exposure prior to equipment
authorization or use if their ERP is 3 watts or more or if they meet
the definition of a portable device as specified in Sec. 2.1093(b)
requiring evaluation under the provisions of that section. All other
mobile and unlicensed transmitting devices are categorically excluded
from routine environmental evaluation for RF exposure prior to
equipment authorization or use, except as specified in Sec. Sec.
1.1307(c) and 1.1307(d) of this chapter. Applications for equipment
authorization of mobile and unlicensed transmitting devices subject to
routine environmental evaluation must contain a statement confirming
compliance with the limits specified in paragraph (d) of this section
as part of their application. Technical information showing the basis
for this statement must be submitted to the Commission upon request.
* * * * *
0
6. Section 2.1093 is amended by revising paragraph (c) to read as
follows:
Sec. 2.1093 Radiofrequency radiation exposure evaluation: portable
devices.
* * * * *
(c) Portable devices that operate in the Cellular Radiotelephone
Service, the Personal Communications Service (PCS), the Satellite
Communications Services, the Wireless Communications Service, the
Maritime Services, the Specialized Mobile Radio Service, the 3650 MHz
Wireless Broadband Service, the 4.9 GHz Band Service, the Wireless
Medical Telemetry Service (WMTS) and the Medical Implant Communications
Service (MICS), authorized under subpart H of part 22 of this chapter,
parts 24, 25, 27, 80 and 90 of this chapter, subparts H and I of part
95 of this chapter, and unlicensed personal communication service,
unlicensed NII devices and millimeter wave devices authorized under
subparts D and E, Sec. Sec. 15.253, 15.255 and 15.257 of this chapter
are subject to routine environmental evaluation for RF exposure prior
to equipment authorization or use. All other portable transmitting
devices are categorically excluded from routine environmental
evaluation for RF exposure prior to equipment authorization or use,
except as specified in Sec. Sec. 1.1307(c) and 1.1307(d) of this
chapter. Applications for equipment authorization of portable
transmitting devices subject to routine environmental evaluation must
contain a statement confirming compliance with the limits specified in
paragraph (d) of this section as part of their application. Technical
information showing the basis for this statement must be submitted to
the Commission upon request.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
7. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4,
301, 302, 307, 309 and 332 of the Communications Act, as amended, 47
U.S.C. 154, 301, 302, 307, 309 and 332, unless otherwise noted.
0
8. Section 25.202 is amended by adding an entry for 3.65-3.7 GHz and a
new footnote 17 to the table in paragraph (a)(1) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance and emission
limitations.
(a)(1) * * *
------------------------------------------------------------------------
Space-to-Earth (GHz) Earth-to-space (GHz)
------------------------------------------------------------------------
3.65-3.7 \17\.................................
* * * * *
* * * * *
------------------------------------------------------------------------
* * * * *
\17\ FSS earth stations in this band must operate on a secondary basis
to terrestrial radiocommunication services, except that the band is
shared co-equally between certain grandfathered earth stations and the
terrestrial radiocommunication services.
* * * * *
0
9. Section 25.208 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 25.208 Power flux-density limits.
(a) In the band 3650-4200 MHz, the power flux density at the
Earth's surface produced by emissions from a space station for all
conditions and for all methods of modulation shall not exceed the
following values:
* * * * *
0
10. Part 25 is amended by adding Sec. 25.256 to read as follows:
Sec. 25.256 Special Requirements for operations in the 3.65-3.7 GHz
band.
Upon request from a terrestrial licensee authorized under Subpart
Z, Part 90 that seeks to place base and fixed stations in operation
within 150 km of a primary earth station, licensees of earth stations
operating on a primary basis in the fixed satellite service in the
3.65-3.7 GHz band must negotiate in good faith with that terrestrial
licensee to arrive at mutually agreeable operating parameters to
prevent unacceptable interference.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
11. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
12. Section 90.7 is amended by adding a new definition, in the
alphabetically-appropriate location, as follows:
[[Page 24726]]
Sec. 90.7 Definitions.
* * * * *
Contention-based protocol. A protocol that allows multiple users to
share the same spectrum by defining the events that must occur when two
or more transmitters attempt to simultaneously access the same channel
and establishing rules by which a transmitter provides reasonable
opportunities for other transmitters to operate. Such a protocol may
consist of procedures for initiating new transmissions, procedures for
determining the state of the channel (available or unavailable), and
procedures for managing retransmissions in the event of a busy channel.
* * * * *
0
13. Section 90.203 is amended by adding a new paragraph (o), to read as
follows:
Sec. 90.203 Certification required.
* * * * *
(o) Equipment certification for transmitters in the 3650-3700 MHz
band. (1) Applications for all transmitters must describe the
methodology used to meet the requirement that each transmitter employ a
contention based protocol (see Sec. Sec. 90.7, 90.1305 and 90.1321);
(2) Applications for mobile transmitters must identify the base
stations with which they are designed to communicate and describe how
the requirement to positively receive and decode an enabling signal is
incorporated (see Sec. 90.1333); and
(3) Applications for systems using advanced antenna technology must
provide the algorithm used to reduce the equivalent isotropically
radiated power (EIRP) to the maximum allowed in the event of
overlapping beams (see Sec. 90.1321).
(4) Applications for fixed transmitters must include a description
of the installation instructions and guidelines for RF safety exposure
requirements that will be included with the transmitter. (See Sec.
90.1335).
0
14. Add subpart Z to Part 90 to read as follows:
Subpart Z--Wireless Broadband Services in the 3650-3700 MHz Band
Sec.
90.1301 Scope.
90.1303 Eligibility.
90.1305 Permissible operations.
90.1307 Licensing.
90.1309 Regulatory status.
90.1311 License term.
90.1312 Assignment and transfer.
90.1319 Policies governing the use of the 3650-3700 MHz band.
90.1321 Power and antenna limits.
90.1323 Emission limits.
90.1331 Restrictions on the operation of base and fixed stations.
90.1333 Restrictions on the operation of mobile and portable
stations.
90.1335 RF safety.
90.1337 Operation near Canadian and Mexican borders.
Sec. 90.1301 Scope.
This subpart sets out the regulations governing wireless operations
in the 3650-3700 MHz band. It includes licensing requirements, and
specific operational and technical standards for wireless operations in
this band. The rules in this subpart are to be read in conjunction with
the applicable requirements contained elsewhere in the Commission's
rules; however, in case of conflict, the provisions of this subpart
shall govern with respect to licensing and operation in this band.
Sec. 90.1303 Eligibility.
Any entity, other than those precluded by section 310 of the
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to
hold a license under this part.
Sec. 90.1305 Permissible operations.
Use of the 3650-3700 MHz band must be consistent with the
allocations for this band as set forth in Part 2 of the Commission's
Rules. All stations operating in this band must employ a contention-
based protocol (as defined in Sec. 90.7).
Sec. 90.1307 Licensing.
The 3650-3700 MHz band is licensed on the basis of non-exclusive
nationwide licenses. Non-exclusive nationwide licenses will serve as a
prerequisite for registering individual fixed and base stations. A
licensee cannot operate a fixed or base station before registering it
under its license and licensees must delete registrations for unused
fixed and base stations.
Sec. 90.1309 Regulatory status.
Licensees are permitted to provide services on a non-common carrier
and/or on a common carrier basis. A licensee may render any kind of
communications service consistent with the regulatory status in its
license and with the Commission's rules applicable to that service.
Sec. 90.1311 License term.
The license term is ten years, beginning on the date of the initial
authorization (non-exclusive nationwide license) grant. Registering
fixed and base stations will not change the overall renewal period of
the license.
Sec. 90.1312 Assignment and transfer.
Licensees may assign or transfer their non-exclusive nationwide
licenses, and any fixed or base stations registered under those
licenses will remain associated with those licenses.
Sec. 90.1319 Policies governing the use of the 3650-3700 MHz band.
(a) Channels in this band are available on a shared basis only and
will not be assigned for the exclusive use of any licensee
(b) Any base, fixed, or mobile station operating in the band must
employ a contention-based protocol.
(c) All applicants and licensees shall cooperate in the selection
and use of frequencies in the 3650-3700 MHz band in order to minimize
the potential for interference and make the most effective use of the
authorized facilities. A database identifying the locations of
registered stations will be available at http://wireless.fcc.gov/uls.
Licensees should examine this database before seeking station
authorization, and make every effort to ensure that their fixed and
base stations operate at a location, and with technical parameters,
that will minimize the potential to cause and receive interference.
Licensees of stations suffering or causing harmful interference are
expected to cooperate and resolve this problem by mutually satisfactory
arrangements.
Sec. 90.1321 Power and antenna limits.
(a) Base and fixed stations are limited to 25 watts/25 MHz
equivalent isotropically radiated power (EIRP). In any event, the peak
EIRP power density shall not exceed 1 Watt in any one-megahertz slice
of spectrum.
(b) In addition to the provisions in paragraph (a) of this section,
transmitters operating in the 3650-3700 MHz band that emit multiple
directional beams, simultaneously or sequentially, for the purpose of
directing signals to individual receivers or to groups of receivers
provided the emissions comply with the following:
(1) Different information must be transmitted to each receiver.
(2) If the transmitter employs an antenna system that emits
multiple directional beams but does not emit multiple directional beams
simultaneously, the total output power conducted to the array or arrays
that comprise the device, i.e., the sum of the power supplied to all
antennas, antenna elements, staves, etc. and summed across all carriers
or frequency channels, shall not exceed the limit specified in
paragraph (a) of this section, as applicable. The directional
[[Page 24727]]
antenna gain shall be computed as follows:
(i) The directional gain, in dBi, shall be calculated as the sum of
10 log (number of array elements or staves) plus the directional gain,
in dBi, of the individual element or stave having the highest gain.
(ii) A lower value for the directional gain than that calculated in
paragraph (b)(2)(i) of this section will be accepted if sufficient
evidence is presented, e.g., due to shading of the array or coherence
loss in the beam-forming.
(3) If a transmitter employs an antenna that operates
simultaneously on multiple directional beams using the same or
different frequency channels and if transmitted beams overlap, the
power shall be reduced to ensure that the aggregate power from the
overlapping beams does not exceed the limit specified in paragraph
(b)(2) of this section. In addition, the aggregate power transmitted
simultaneously on all beams shall not exceed the limit specified in
paragraph (b)(2) of this section by more than 8 dB.
(4) Transmitters that emit a single directional beam shall operate
under the provisions of paragraph (b)(2) of this section.
(c) Mobile and portable stations are limited to 1 watt/25 MHz EIRP.
In any event, the peak EIRP density shall not exceed 40 milliwatts in
any one-megahertz slice of spectrum.
Sec. 90.1323 Emission limits.
(a) The power of any emission outside a licensee's frequency
band(s) of operation shall be attenuated below the transmitter power
(P) within the licensed band(s) of operation, measured in watts, by at
least 43 + 10 log (P) dB. Compliance with this provision is based on
the use of measurement instrumentation employing a resolution bandwidth
of 1 MHz or less, but at least one percent of the emission bandwidth of
the fundamental emission of the transmitter, provided the measured
energy is integrated over a 1 MHz bandwidth.
(b) When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in this section.
Sec. 90.1331 Restrictions on the operation of base and fixed
stations.
(a)(1) Except as provided in paragraph (a)(2) of this section, base
and fixed stations may not be located within 150 km of any
grandfathered satellite earth station operating in the 3650-3700 MHz
band. The coordinates of these stations are available at http://www.fcc.gov/ib/sd/3650/
.
(2) Base and fixed stations may be located within 150 km of a
grandfathered satellite earth station provided that the licensee of the
satellite earth station and the 3650-3700 MHz licensee mutually agree
on such operation.
(3) Any negotiations to enable base or fixed station operations
closer than 150 km to grandfathered satellite earth stations must be
conducted in good faith by all parties.
(b) (1) Except as specified in paragraph (b)(2) of this section,
base and fixed stations may not be located within 80 km of the
following Federal Government radiolocation facilities:
St. Inigoes, MD--38[deg] 10' N., 76[deg], 23' W.
Pascagoula, MS--30[deg] 22' N., 88[deg], 29' W.
Pensacola, FL--30[deg] 21' 28'' N., 87[deg], 16' 26'' W.
Note: Licensees installing equipment in the 3650-3700 MHz band
should determine if there are any nearby Federal Government radar
systems that could affect their operations. Information regarding
the location and operational characteristics of the radar systems
operating adjacent to this band are provided in NTIA TR-99-361.
(2) Requests for base or fixed station locations closer than 80 km
to the Federal Government radiolocation facilities listed in paragraph
(b)(1) of this section will only be approved upon successful
coordination by the Commission with NTIA through the Frequency
Assignment Subcommittee of the Interdepartmental Radio Advisory
Committee.
Sec. 90.1333 Restrictions on the operation of mobile and portable
stations.
(a) Mobile and portable stations may operate only if they can
positively receive and decode an enabling signal transmitted by a base
station.
(b) Any mobile/portable stations may communicate with any other
mobile/portable stations so long as each mobile/portable can positively
receive and decode an enabling signal transmitted by a base station.
(c) Airborne operations by mobile/portable stations is prohibited.
Sec. 90.1335 RF safety.
Licensees in the 3650-3700 MHz band are subject to the exposure
requirements found in Sec. 1.1307(b), 2.1091 and 2.1093 of our Rules.
Sec. 90.1337 Operation near Canadian and Mexican borders.
(a) Fixed devices generally must be located at least 8 kilometers
from the U.S./Canada or U.S./Mexico border if the antenna of that
device looks within the 160[deg] sector away from the border. Fixed
devices must be located at least 56 kilometers from each border if the
antenna looks within the 200[deg] sector towards the border.
(b) Fixed devices may be located nearer to the U.S./Canada or U.S./
Mexico border than specified in paragraph (a) of this section only if
the Commission is able to coordinate such use with Canada or Mexico, as
appropriate.
(c) Licensees must comply with the requirements of current and
future agreements with Canada and Mexico regarding operation in U.S./
Canada and U.S./Mexico border areas.
[FR Doc. 05-9096 Filed 5-10-05; 8:45 am]
BILLING CODE 6712-01-P