FR Doc E6-20167

[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Rules and Regulations]
[Page 69039-69052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no06-10]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 74, 78, and 101

[WT Docket No. 04-143; FCC 06-141]

Rechannelization of the 17.7-19.7 GHz Frequency Band for Fixed
Microwave Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts rules that
rechannelize Fixed Microwave Services (FS) channels in the terrestrial
18 GHz band. The Commission revises the rules in order to reduce the
regulatory burden for the 18 GHz band by adding new channel-size
options for FS operations along with channelization and emission
flexibility for multichannel video programming distributors (MVPDs)
below 18.3 GHz, thereby facilitating the relocation to spectrum at
17.7-18.3 GHz and 19.3-19.7 GHz. We believe these actions will
encourage efficient use of the spectrum by all FS licensees and provide
a regulatory environment that will allow MVPDs to provide competitive
services while protecting Federal earth stations.

DATES: Effective December 29, 2006

FOR FURTHER INFORMATION CONTACT: Brian Michael Wondrack, (202) 418-
0653, e-mail: brian.wondrack@fcc.gov, or via TTY (202) 418-7233,
Wireless Telecommunications Bureau, Federal Communications Commission,
Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted on September 22, 2006 and released on September 29,
2006, FCC 06-141. The full text of the Report and Order is available
for inspection and copying during normal business hours in the FCC
Reference Information Center, Room CY-A257, 445 12th Street, SW.,
Washington, DC 20554. The complete text may be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.,
(BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC
20554, 202-488-5300 or 800-387-3160, e-mail at fcc@bcpiweb.com. The
complete text is also available on the Commission's Web site at http://hraunfoss.fcc.gov/edocs_public/attachment/FCC-06-141A1.doc.
This full

text may also be downloaded at: http://wireless.fcc.gov/releases.html.

Alternative formats (computer diskette, large print, audio cassette,
and Braille) are available to persons with disabilities by contacting
Brian Millin at (202) 418-7426, TTY (202) 418-7365, or via e-mail to
bmillin@fcc.gov.

Summary of Report and Order

I. Introduction

1. In this Report and Order, we revise our rules to reduce
regulatory burdens for 18 GHz band \1\ terrestrial Fixed Microwave
Services (FS) licensees that are subject to involuntary relocation from
the 18.3-19.3 GHz band pursuant to the Commission's reallocation of
that band for exclusive satellite services use in IB Docket No. 98-
172.\2\ These FS licensees will relocate to spectrum at 17.7-18.3 GHz
and 19.3-19.7 GHz, where 47 CFR part 101 currently designates channel
sizes that are too large relative to the needs of some relocating
point-to-point microwave licensees and too small relative to the needs
of relocating private cable operators (PCOs) and other multichannel
video programming distributors (MVPDs). The Report and Order revises
the rules to add new channel sizes in both bands along with special
rules for MVPDs within the 17.7-18.3 GHz band, thereby facilitating the
relocation.
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\1\ The term ``18 GHz band'' refers to those frequencies between
17.7 and 19.7 GHz. Herein, we use the term ``terrestrial 18 GHz
band'' to refer to those frequencies between 17.7-18.3 GHz and
between 19.3-19.7 GHz that are allocated on a co-primary basis for
the following terrestrial services: Fixed Microwave Services (FS)
under part 101, Cable Television Relay Service (``CARS'') under part
78, and Broadcast Auxiliary Services (``BAS'') under part 74. We
recognize that 17.7-18.3 GHz and 19.3-19.7 GHz are also allocated on
a co-primary basis for satellite services; we are using the term
``terrestrial 18 GHz band'' herein for convenience only given that
the instant re-channelization concerns terrestrial services under
part 101.
\2\ See Redesignation of the 17.7-19.7 GHz Frequency Band,
Blanket Licensing of Satellite Earth Stations in the 17.7-20.2 GHz
and 27.5-30.0 GHz Frequency Bands, and the Allocation of Additional
Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands
for Broadcast Satellite-Service Use, IB Docket No. 98-172, Report
and Order, 15 FCC Rcd 13430 (2000) (``18 GHz SAT R&O''), recon.
granted in part, First Order on Reconsideration, 16 FCC Rcd 19808
(2001), further recon. granted in part, Second Order on
Reconsideration, 17 FCC Rcd 24248 (2002) (``Second Order on
Reconsideration''), further recon. denied, Third Order on
Reconsideration, 19 FCC Rcd 10777 (2003) (``Third Order on
Reconsideration'').
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2. In this Report and Order we adopt the following actions
regarding FS channels in the terrestrial 18 GHz band:
We adopt a revised band plan for the FS paired and
unpaired spectrum from 17.7-18.3 GHz and 19.3-19.7 GHz, consisting of a
variety of channel bandwidths, primarily narrower bandwidths, and a
block of unpaired spectrum from 17.7-17.74 GHz.
We designate a contiguous 600 megahertz block of one-way
spectrum from 17.7-18.3 GHz for use by MVPDs, who will have flexibility
within such block to determine the appropriate bandwidths and other
technical parameters of their MVPD operations.
In the 17.7-17.8 GHz band, we protect Federal earth
stations in the fixed-satellite service (space-to-Earth) that may be
authorized in Denver, Colorado, and Washington, DC, and require all
MVPD applications (under 47 CFR parts 74, 78, or 101) within the 17.7-
17.8 GHz band near those areas to be coordinated with the Federal
Government by the Commission before an authorization will be issued.\3\
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\3\ The National Telecommunications and Information
Administration (NTIA) filed a letter with the Commission, dated
March 3, 2006, requesting that we protect certain Federal
operations. See paragraphs 18-21, infra.
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We provide channel flexibility to grandfathered MVPDs in
the 18.3-18.58 GHz band, which was previously designated for non-
primary use by MVPDs.

II. Background

3. Reallocation from Terrestrial Services to Satellite Services (18
GHz

[[Page 69040]]

SAT R&O). Previously, in a separate proceeding, the Commission
reallocated portions of the 18 GHz band to accommodate sharing among
the terrestrial, Geostationary Satellite Orbit Fixed-Satellite Service
(``GSO/FSS''), Non-Geostationary Satellite Orbit Fixed-Satellite
Service (``NGSO/FSS''), and Mobile-Satellite Service feeder links
(``MSS/FL''). As part of that action, the Commission reallocated the
one thousand megahertz of spectrum from 18.3-19.3 GHz solely to Fixed-
Satellite Service (FSS). The terrestrial services, including FS,
continue to have shared (co-primary) access to the terrestrial 18 GHz
band and we revise the FS channel plan, under part 101, to ensure that
the FS community can effectively and efficiently utilize this spectrum.
Rechannelization of CARS and BAS, which share the terrestrial 18 GHz
band with FS (as well as satellite services) will be addressed in a
separate proceeding. Accordingly, the discussion below focuses on the
terrestrial Fixed Microwave Services (FS) licensed under part 101,
except where we address NTIA's request to protect certain Federal
Government earth stations relative to all applications for new or
modified MVPD operations whether under parts 74, 78, or 101.
4. The 18 GHz band currently serves a variety of terrestrial
communications needs and is an important band for the growth of FS
services. Prior to the rule changes adopted in the 18 GHz SAT R&O, the
18 GHz band (two-thousand megahertz of spectrum at 17.7-19.7 GHz) was
allocated on a co-primary basis for FS, CARS, BAS, and satellite
services.\4\ In the 18 GHz SAT R&O, the Commission reallocated one-
thousand megahertz of spectrum for FS use as follows: the 17.7-18.3 GHz
band and the 19.3-19.7 GHz band, both on a co-primary basis with
satellite services. The 18 GHz SAT R&O also designated the 18.3-18.58
GHz band as co-primary between FS and GSO/FSS, but the Commission
subsequently reallocated this sub-band exclusively for satellite
services use.
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\4\ See 47 CFR 2.106 (1999); see also 47 CFR parts 21, 25, 74,
78, and 101. See 18 GHz SAT R&O, 15 FCC Rcd 13430.
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5. Ten-year relocation reimbursement sunset. Recognizing the
importance of existing FS systems in the 18 GHz band, the Commission
adopted a ten-year transition plan that permits FS stations currently
operating within the one-thousand megahertz of spectrum at 18.3-19.3
GHz, that was reallocated for exclusive satellite services use, to
continue operating on a co-primary basis until the applicable sunset
date.\5\ Under these rules, satellite operators have the option to
relocate FS stations in the event of interference and, during this ten-
year period, existing FS stations may be relocated in accordance with
the reimbursement and involuntary relocation procedures set forth in
Sec. 101.85 and Sec. 101.91of the Commission's rules. After the
sunset, existing FS stations may continue to operate on a non-
interference basis, but FSS licensees are not required to pay
relocation costs and may require an incumbent FS licensee to cease
operations, provided that the FSS licensee intends to turn on a system
within interference range of the incumbent FS licensee.\6\
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\5\ 47 CFR 101.85 (Transition of the 18.3-19.3 GHz band from the
terrestrial fixed services to the fixed-satellite services (FSS)).
Certain FS operations in the 18.58-19.3 GHz band remain co-primary
until June 8, 2010, while certain FS operations and low-power
systems in the 19.26-19.3 GHz band remain co-primary until October
31, 2011, and certain FS operations in the 18.3-18.58 GHz band
remain co-primary until November 19, 2012. Id.
\6\ 47 CFR 101.95 (Sunset provisions for licensees in the 18.30-
19.30 GHz Band). See also 18 GHz SAT R&O, 15 FCC Rcd at 1346
paragraph 63, First Order on Reconsideration, 16 FCC Rcd at 19821
paragraph 26.
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6. The 18 GHz band spectrum available for FS containing the
narrowest (five megahertz) paired channels (18.76-19.16 GHz band
frequencies) was reallocated exclusively to satellite services. Under
current rules, ten megahertz is the smallest channel size available for
licensing to FS in the terrestrial 18 GHz band. As a result, under the
existing band plan some FS operators will not be able to relocate to
replacement channels in the terrestrial 18 GHz band of the same
bandwidth as their currently licensed channels at 18.76-19.16 GHz.
Moreover, some FS operators would not be able to be licensed without a
waiver of the minimum efficiency requirements specified in part 101 of
our rules. Under the efficiency rules in Sec. 101.141 of the
Commission's rules, a FS licensee must utilize its channel to the
required limit. The 18 GHz Rechannelization NPRM (NPRM), 69 FR 40843
(July 7, 2004), set forth criteria for waiver of the channel-size rules
pending the outcome of this proceeding. Requiring such licensees to be
licensed for larger-than-necessary bandwidths would be spectrally
inefficient.
7. The Commission recognized in the 18 GHz SAT R&O that the already
high demand for 18.14-18.58 GHz band will increase and stated that this
portion of the 18 GHz band is vital to the success of FS relocation
efforts and the continued viability of wireless cable providers that
provide direct competition to traditional cable operators. However,
most of the 18 GHz band spectrum from 18.142-18.58 GHz, which consists
of six megahertz channels (the standard channel bandwidth used by
almost all MVPDs to deliver analog channels and digital video streams)
used mainly by private cable operators (``PCOs'') and other MVPDs, was
reallocated to satellite services. Accordingly, when the Commission
reallocated this portion of the 18 GHz band, it noted that PCOs and
other MVPDs were eligible to use other spectrum either below 18.3 GHz
in the terrestrial 18 GHz band \7\ or in the CARS (12.7-13.2 GHz)
band.\8\ Although the Second Order on Reconsideration recognized that
the CARS Eligibility Order allowed non-cable MVPDs access to the
terrestrial 18 GHz band, the Commission did not, in those proceedings,
remove the restriction for video in Sec. 101.603 of the Commission's
rules, nor amend the size of the channels in the terrestrial 18 GHz
band below 18.142 GHz to accommodate such use. Rather, the Commission
explained in the First Order on Reconsideration that it would undertake
a separate proceeding to rechannelize the terrestrial 18 GHz band to
facilitate the relocation. Accordingly, on April 19, 2004, the
Commission released the NPRM.
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\7\ 18 GHz band spectrum is shared with CARS and BAS. MVPDs are
eligible for CARS licenses.
\8\ Second Order on Reconsideration, 17 FCC Rcd at 24250
paragraph 6. This ``enhanced eligibility'' was the result of the
Commission's decision in another proceeding. See Amendment of
Eligibility Requirements in part 78 Regarding 12 GHz Cable
Television Relay Service, CS Docket No. 99-250, Report and Order, 17
FCC Rcd 9930, 9930 paragraph 1 (2002) (``CARS Eligibility Order'').
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III. Discussion

A. Adding Smaller Channels for FS Operations in the Terrestrial 18 GHz
Band

8. In the NPRM (based largely on a filing by the Fixed Wireless
Communications Coalition (FWCC)), the Commission proposed a revised FS
channel plan for the terrestrial 18 GHz band that included paired and
unpaired channels from 17.7-18.3 GHz and 19.3-19.7 GHz, as well as a
variety of channel bandwidths including narrower bandwidths, e.g.,
1.25, 2.5 and 5 megahertz (as well as those of thirty and fifty
megahertz) and a block of unpaired spectrum from 17.7-17.74 GHz.
9. All commenters generally support our efforts to provide relief
to relocated point-to-point microwave FS licensees by modifying the
existing FS channel plan in the terrestrial 18 GHz band.

[[Page 69041]]

Based on the information available in the record, we conclude that our
decisions will promote more efficient use of the terrestrial 18 GHz
band by allowing FS licensees to request the amount of spectrum that
they need, rather than having to request larger bandwidth channels or
seek a waiver of the Commission's rules. This in turn promotes access
to spectrum for FS operations, both by relocating incumbents and new
entrants.

B. 220 Megahertz Channels

10. In the NPRM, the Commission recognized that the reallocation of
the 18 GHz band eliminated portions of all three FS 220 megahertz
channel pairs, and the Commission sought comments on whether a need
exists to maintain any 220 megahertz channel pair. Commenters state
that maintaining 220 megahertz channel pairs is no longer necessary
because, due to advances in modulation, the services that were provided
over these channel pairs are no longer used and, accordingly, the
equipment needed to provide these services is no longer manufactured.
Moreover, commenters maintain that the proposed assignment would
effectively block the use of narrower channels for two-way links within
the terrestrial 18 GHz band. We also note that the Commission's
licensing records reflect that no incumbents are licensed for a 220
megahertz channel pair. Based on the record before us, we agree with
the commenters and find that maintaining a 220 megahertz channel pair
serves no useful purpose, especially given our decision below regarding
aggregation. Accordingly, we change our rules to eliminate this size
channel designation.

C. Aggregation

11. We also proposed, in the NPRM, to permit applicants to request
any amount of available spectrum based on their specific needs, on the
condition that aggregated channels are contiguous channels, except for
channels that are already licensed to someone else in the area, and are
thus blocked. Comsearch asks us to clarify whether applicants also may
skip any segments that would be affected by interference with other
links. We conclude that allowing aggregation conditioned upon the
proposed requirement that aggregated channels be contiguous is
necessary to prevent licensees from spacing their channels in a manner
that effectively could prevent others from using the remaining spectrum
in the same area. We also, however, agree with Comsearch that where an
applicant seeks to operate in a particular segment that is unavailable
in the relevant area, whether due to co-channel licenses or adjacent
channel interference as determined under our rules (including
requirements to comply with any applicable agreements with Canada or
Mexico in these bands), then it is appropriate to allow the applicant
to skip that ``blocked'' segment of spectrum.

D. Use of the 17.7-17.74 GHz Sub-band

12. The NPRM also proposed to permit unpaired use by any FS
licensee of the 17.7-17.74 GHz sub-band, which was previously paired
with the 19.26-19.3 GHz sub-band that was reallocated to FSS. We also
asked whether to allow licensees to pair channels in the 17.7-17.74 GHz
sub-band with other channels in the terrestrial 18 GHz band where, for
example, the return pair is already in use and therefore blocked. Only
one commenter, Independent Multi-Family Communications Council (IMCC),
addressed these proposals and supported them. We conclude that these
approaches will provide FS licensees additional operational flexibility
within the terrestrial 18 GHz band without compromising our efforts to
facilitate effective and expeditious relocation of those licensees from
other portions of the 18 GHz band. We accordingly adopt these changes
to our rules.

E. Multichannel Video Programming Distributors (MVPDs)

1. Background
13. Prior to the reallocation to satellite services in IB Docket
No. 98-172, PCOs and other MVPDs had co-primary access to 438 megahertz
of spectrum (18.142-18.58 GHz) and non-MVPDs had co-primary access to
442 megahertz of spectrum (17.7-18.142 GHz). Although MVPD and non-MVPD
each shared spectrum with satellite and other terrestrial services,
these part 101 licensees did not share with one another. In the NPRM,
the Commission noted that MVPDs no longer will have primary access to
the 18.3-18.58 GHz band frequencies, leaving MVPDs subject to
involuntary relocation and access to only 158 megahertz of spectrum in
the 18 GHz range. In this connection, the Commission proposed for MVPDs
a contiguous 500 megahertz block of one-way spectrum, from 17.8-18.3
GHz, consisting of the 158 megahertz of spectrum at 18.142-18.3 GHz and
342 megahertz of spectrum immediately below 18.142 GHz which MVPDs and
non-MVPDs would share. The Commission also proposed removing the
prohibition on video operations \9\ and allowing MVPDs to be licensed
for up to all five-hundred megahertz of this spectrum, subject to
coordination, along with flexibility to channelize contiguous segments
of licensed spectrum as needed. The Commission further proposed
emission flexibility for MVPDs within the 17.8 to 18.3 GHz band to
accommodate and streamline conversions to digital transmissions. The
NPRM did not propose to designate 17.7-17.8 GHz for MVPDs, which under
the current rules would leave this one-hundred megahertz of spectrum
designated for non-MVPDs. We discuss each proposal or issue below.
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\9\ See 47 CFR 101.603(a)(1), 101.603(b) (prohibiting use of 18
GHz frequencies, other than 18.142-18.580 GHz, for the final link in
the chain of transmission of program material).
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2. MVPD Designation at 17.8-18.3 GHz
14. Alcatel and Fixed Wireless Communications Coalition and the
National Spectrum Managers Association (FWCC/NSMA) initially opposed
designating the 17.8-18.3 GHz sub-band for use by MVPDs because MVPDs
use one-way, hub-and-spoke architecture that these commenters contend
will effectively block the use of the entire sub-band for more
efficient two-way FS use in the vicinity of MVPDs systems. FWCC/NSMA
further contended that the combination of MVPDs' widespread geographic
dispersion and high occupied bandwidth resulting from low-efficiency
modulation effectively prevents FS use over the entire bandwidth.
15. The main difference between non-MVPD use and MVPD use is that
the latter often utilizes analog video channels, which are typically
six megahertz, and have a larger amplitude (peak power) at the location
of the main video carrier. As a result, the power is not spread as
evenly across the bandwidth as is the case for most non-MVPD
operations. Typically, MVPDs also use several contiguous channels to
backhaul their services whereas non-MVPD operators usually meet their
needs with one or two channels. After taking these differences into
account, however, we reject any claim that these operational
differences preclude sharing given that MVPDs are required to
coordinate with other service providers, and thus will not be able to
uniformly block or otherwise interfere with other, non-MVPD licensees.
Moreover, given MVPDs' ``late arrival'' to this band, they will only
operate where the spectrum is still available, i.e., can be coordinated
with existing licensees. We also note that in the Second Order on

[[Page 69042]]

Reconsideration, the Commission determined that if PCOs relocate to the
12.7-13.2 GHz and 17.7-18.3 GHz frequency bands, the geographic
separation between the incumbent systems and the relocated PCOs would
result in only rare instances where the frequency paths would intersect
in a way that would require site shielding or other mitigating measures
necessary to prevent mutually unacceptable interference. As such, the
Commission determined in the Second Order on Reconsideration that MVPDs
could relocate to either the CARS band (12.7-13.2 GHz) or to 17.7-18.3
GHz. In view of these prior determinations in the allocation
proceeding, we conclude that it is not within the scope of the instant
service-rules proceeding to reconsider wholesale determinations
regarding acceptable designations of terrestrial operations for these
bands made in IB Docket No. 98-172. In this connection, we note that
Alcatel and FWCC/NSMA subsequently informed the Commission that they no
longer oppose expanding 18 GHz spectrum for final video links. As such,
and in accordance with the determination made in IB Docket No. 98-172
that terrestrial users, e.g., MVPDs and other FS users, could and would
share portions of the terrestrial 18 GHz band, we are adopting the
proposal in the NPRM to allow the 17.8-18.3 GHz sub-band to be used for
the final radio frequency link to distribute video.
3. MVPD Designation at 17.7-17.8 GHz
16. MVPD Designation at 17.7-17.8 GHz. As noted, the NPRM did not
propose to designate for MVPDs the one-hundred megahertz of spectrum at
17.7-17.8 GHz, which is allocated on a shared, co-primary basis to FS
(parts 74, 78, and 101) and FSS (Earth-to-space), with the FSS
allocation limited to feeder links for broadcasting satellite
service.\10\ Coordination is required between FS and FSS because there
is a potential for interference from FSS uplinks into receiving FS
facilities. IMCC contends, however, that to have a reasonably cost
effective transmission solution to compete with large
telecommunications and cable companies, PCOs need access to the full
600 megahertz of spectrum contemplated for MVPDs in the CARS
Eligibility Order and the Second Order on Reconsideration. This appears
to be a reasonable assertion as cable systems usually use 550 MHz or
more of spectrum. Moreover, in a particular location, even the full 600
megahertz may not be available contiguously due to the presence of
other users.\11\ Additionally, we acknowledge IMCC's point that the OET
CARS Study (the Study) that found sufficient capacity (in the 12 GHz
and the terrestrial 18 GHz bands) to accommodate the relocation of
terrestrial licensees adopted in IB Docket No. 98-172 included the 100
megahertz of spectrum at 17.7-17.8 GHz.
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\10\ See 47 CFR 2.106 (Table of Allocations) and US Footnote
271.
\11\ ``Access to the full 600 [megahertz at] 17.7-18.3 GHz is
necessary * * * if PCOs are to have * * * any chance of managing the
`patchwork quilt' of unblocked and blocked frequencies * * * as PCO
services grow * * * and PCOs are forced to abandon use of the 18.3-
18.58 band.'' IMCC Reply Comments at 7.
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17. As noted above, some commenters initially objected to use of
spectrum below 18.142 MHz by video providers but these objections were
subsequently withdrawn. IMCC has persuaded us that providing MVPDs
access to the full 600 megahertz of spectrum, as contemplated in the
OET CARS Band Study, is necessary and appropriate to promote
competition in the video distribution industry.
4. Protection of Federal Government Operations Near Denver, CO, and
Washington, DC
18. On March 3, 2006, the National Telecommunications and
Information Administration (NTIA) filed a letter with the Commission in
this proceeding stating concerns with the possibility of harmful
interference to a limited number of Federal Government earth station
facilities near Denver, Colorado and Washington, DC, from MVPD
operations in the 17.7-17.8 GHz sub-band.\12\
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\12\ See Letter from Fredrick R. Wentland, Associate
Administrator, Office of Spectrum Management, NTIA, U.S. Department
of Commerce, to Julius Knapp, Deputy Chief, Office of Engineering
and Technology, FCC, dated March 3, 2006 (NTIA Letter). NTIA
explains that while the rechannelization proposed in the 18 GHz
Rechannelization Notice would not adversely impact Federal
operations, comments in this proceeding from the fixed services
community request that the Commission allow MVPD operations in the
17.7-17.8 GHz band. NTIA Letter at 1.
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19. NTIA requests that if the Commission chooses to permit MVPDs in
the band, the Commission extend protection of these receiving Federal
Government earth stations to the band 17.7-17.8 GHz in the geographic
areas identified in Sec. 1.924(e) of the Commission's rules for the
17.8-20.2 GHz band.\13\ NTIA avers that this result would be
implemented with minimum impact on MVPDs through the adoption of the
following footnote to the Table of Allocations, 47 CFR 2.106, and the
implementation of associated changes to existing rules in parts 1, 74,
and 78, and Sec. 101.31, the last by extending to MVPDs at 17.7-17.8
GHz the existing prohibition on the early commencement of operations at
17.8-19.7 GHz pending coordination with the Federal Government.
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\13\ NTIA Leter at 1, n2.

USXXX--In the band 17.7-17.8 GHz, Federal earth stations in the
fixed-satellite service (space-to-Earth) may be authorized in the
Denver, CO and Washington, DC areas on a primary basis. Before
commencement of operations, non-Federal fixed service applications
supporting Multichannel Video Programming Distributors (MVPD) shall
be coordinated through the Frequency Assignment Subcommittee of the
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Interdepartmental Radio Advisory Committee.

20. NTIA acknowledges that many fixed services with differing
characteristics already operate in the band 17.7-17.8 GHz without
coordination with the Federal Government earth stations in the
specified locations. Accordingly, NTIA emphasizes that it does not seek
to require coordination of fixed services already authorized in the
band 17.7-17.8 GHz, for which coordination has not been previously
required.\14\
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\14\ Id. at 2-3.
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21. Based on the record before us, we find that adopting the
protections that NTIA has requested would serve the public interest. We
find that NTIA's request is a reasonable mechanism to protect Federal
Government earth stations that may be authorized in the Denver
Colorado, and Washington, D.C. areas. Accordingly, we make changes to
parts 1, 2, 74, 78, and 101 of the Commission's rules to implement
NTIA's request with respect to applications for new (or major
modifications to existing) MVPD operations. In this regard, we
acknowledge that the NPRM stated that rechannelization of Broadcast
Auxiliary Services (part 74) and Cable Television Relay Service (part
78) spectrum, which share the terrestrial 18 GHz band with FS (part
101) would be addressed in a separate proceeding. The Commission also,
however, gave notice that licensees in parts 74 and 78 could be
affected because of the shared use of these terrestrial services.\15\
Given the important public policy objective of protecting federal
facilities from interference, we are implementing NTIA's proposal for
the 17.7-17.8 GHz

[[Page 69043]]

band for all three rule parts (parts 74, 78 and 101).
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\15\ See 18 GHz Rechannelization NPRM, 19 FCC Rcd at 7265
paragraph 8. We also note that in the Second Order on
Reconsideration, the Commission determined that MVPDs licensed under
part 101 could relocate to specified bands that are administered
under part 78 or part 101.
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5. MVPD Flexibility at 17.7-18.3 GHz
22. In the NPRM, the Commission proposed rules permitting MVPD
providers to use whatever size channels in contiguous spectrum that
they deem necessary to accommodate analog or digital transmission
techniques provided that they have properly coordinated the necessary
emission designators and power criteria.\16\ We adopt that proposal for
the entire band 17.7-18.3 GHz for MVPD operators.
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\16\ As required by 47 CFR 1.924(e), modification of an existing
station license in this band which would change the frequency,
power, emission, modulation, polarization, antenna height or
directivity, or location of such a station, must be coordinated with
the Federal Government by the Commission before an authorization
will be issued. Compression techniques can be changed within certain
emission designations without requiring an application.
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23. Comsearch disagrees with the Commission's flexibility approach
and states that cable television distribution and MVPDs are closely
tied to a 6 megahertz channel plan. Comsearch contends that orderly
spectrum management demands that a 6 megahertz channel plan should be
added to this segment to accommodate MVPDs. Comsearch further states
that PCOs and MVPDs could use either this 6 megahertz plan or any of
the other plans (5 megahertz, 10 megahertz, etc.), but should not have
total flexibility to use whatever channels and bandwidth they choose.
24. We are not persuaded that adopting a six megahertz plan is
necessary. In furtherance of our spectrum management goals for the
terrestrial 18 GHz band, we adopt rules for permitting MVPD providers
to use contiguous blocks of spectrum in order to accommodate their
video delivery needs. The Commission recognizes that a de-facto six-
megahertz channelization scheme exists because the current availability
of both analog and digital video processing equipment, in-home set-top
boxes, and television sets is designed for six megahertz channels.
However, we do believe that providing MVPDs with channel flexibility
does not inhibit them from still operating within the existing, de-
facto channelization scheme if they so choose. Adding operational
flexibility to accommodate operators who wish to use alternate channel
plans, should the opportunity or need arise, does not prevent the
continued use of the six megahertz scheme and is therefore in the
public interest.
6. 18.3-18.58 GHz
25. We find that it is in the public interest to adopt the proposal
in the NPRM to retain the 18.3-18.58 GHz sub-band for grandfathered
MVPDs given its adjacency to the 17.7-18.3 GHz band that we are
designating for MVPDs today.\17\ We believe this approach is
appropriate because it preserves the status of the grandfathered
terrestrial licensees in the 18.3-18.58 GHz sub-band and their ability
to continue operating. Together with the 17.7-18.3 GHz band, this
provides MVPDs with access to a total of 880 megahertz (17.7-18.58
GHz), albeit with 280 megahertz limited to grandfathered licensees that
operate on a co-primary basis with FSS until 2012, after which they
will operate on a non-protected and non-interfering basis to FSS.
---------------------------------------------------------------------------

\17\ The Commission decided in IB Docket No. 98-172 that no
applications for new part 101 stations in the 18.3-18.58 GHz band
would be accepted after November 19, 2002. Then-existing part 101
applications and licenses were grandfathered.
---------------------------------------------------------------------------

26. In furtherance of our spectrum management goals of encouraging
efficient use of spectrum for the 18 GHz band, we adopt rules allowing
emission and channelization flexibility from 18.3 to 18.58 GHz for
MVPDs. We find that extending emission and channelization flexibility
will allow MVPDs to efficiently use spectrum in this sub-band without
causing unacceptably high levels of interference with other licensees;
however, certain stations that remain co-primary [in the 18.3-19.3 GHz
band] may not make modifications to their systems that increase
interference to satellite earth stations, or result in a facility that
would be more costly to relocate. In the event that a FSS licensee
intends to turn on a system within interference range of the incumbent
licensee, the incumbent licensee would have to cease operations or
relocate in accordance with our rules. Also, incumbent licensees are
cautioned that all major modifications and certain extensions of
existing systems will render those links secondary to FSS operations
pursuant to Sec. 101.97(a) of the Commissions rules. We believe that
providing emission and channelization flexibility in the 18.3 to 18.58
GHz segment, in conjunction with flexible usage rules for the 17.7-18.3
GHz band, will give MVPD licensees access to large blocks of spectrum
to more effectively provide video services in an efficient manner for
the duration of their grandfathered status. We note that IMCC filed
comments supporting our proposal to extend flexible use to the 18.3-
18.58 GHz sub-band. We conclude, based on the evidence available in the
record, and the amount of spectrum available to MVPDs licensees, that
such changes are necessary to fully effectuate the Commission's efforts
to provide MVPD licensees additional operational flexibility and
increased access to the terrestrial 18 GHz band.
7. Streamlined Process for MVPD Conversion to Digital Modulation
27. In furtherance of our goals to provide regulatory relief to
licensees transitioning to the 18 GHz band and encourage efficient use
of spectrum, we conclude that MVPD licensees should have flexibility to
move from analog to digital emissions, choose the size of each channel,
and use whatever compression techniques they wish. Our licensing
records reflect that most of the MVPD operations subject to relocation
are analog systems. As discussed above, we anticipate that many of
these systems will convert to digital either at the end of their
analog-equipment lifecycle or in response to market incentives. In this
connection, we are concerned that MVPDs that must relocate prior to
converting to digital could incur significant, duplicative costs
associated with the coordination and licensing process for (1) spectral
relocation and, later, (2) for digital conversion. To minimize the
potential for duplicative costs, we conclude that MVPD licensees should
have the option to specify analog and digital emission designators
(each of which must be coordinated) on one application. In this
connection, we are adopting a revision to Sec. 101.63 of the
Commission's rules to allow MVPD licensees to meet their construction
requirement and not automatically surrender their license as long as
they are operating a system using either an authorized analog or
digital emissions. Accordingly, such MVPD licensees will be authorized
to operate using one or both modulations, e.g., the licensee can
operate its analog system and later convert to digital without having
to file another, coordinated application. Once the licensee has
completed the transition to digital, the license can remove the unused
analog emission designator(s) the next time a modification or renewal
application is filed.\18\ In adopting these measures we reduce the
regulatory burden on licensees and encourage flexible and more
efficient use of spectrum.
---------------------------------------------------------------------------

\18\ Construction of any authorized facility or frequency must
be completed by the date specified in the license as pursuant to
Sec. 1.946.

---------------------------------------------------------------------------

[[Page 69044]]

IV. Procedural Matters

28. Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM in
WT Docket 04-143. The Commission sought written public comment on the
proposals in the NPRM, including comment on the IRFA. This present
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. The
Commission's Consumer and Governmental Affairs Bureau, Reference
Information Center, shall send a copy of this Report and Order,
including the FRFA, to the Chief Counsel for Advocacy of the Small
Business Administration.

A. Need for, and Objectives of, the Report and Order

In this Report and Order, we revise our rules to reduce regulatory
burdens for 18 GHz band terrestrial Fixed Microwave Services (FS)
licensees that are subject to involuntary relocation from the 18.3-19.3
GHz band pursuant to the Commission's reallocation of that band for
exclusive satellite services use in IB Docket No. 98-172. These FS
licensees will relocate to spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz,
where part 101 currently designates channel sizes that are too large
relative to the needs of some relocating point-to-point microwave
licensees and too small relative to the needs of relocating private
cable operators (PCOs) and other multichannel video programming
distributors (MVPDs). The instant Report and Order revises the rules to
add new channel sizes in both bands along with special rules for MVPDs
within the 17.7-18.3 GHz band, thereby facilitating the relocation.
Specifically, we adopt a revised band plan for the FS paired and
unpaired spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz, consisting of a
variety of channel bandwidths, primarily by adding narrower bandwidths
and a block of unpaired spectrum from 17.7-17.74 GHz. In addition, we
designate a contiguous 600 megahertz block of one-way spectrum from
17.7-18.3 GHz for use by MVPDs, who will have flexibility within this
block to determine the appropriate bandwidths and other technical
parameters of their MVPD operations. We also provide channel
flexibility to grandfathered MVPDs in the 18.3-18.58 GHz band, which
was previously designated for non-primary use by MVPDs. In the 17.7-
17.8 GHz band, we protect Federal earth stations in the fixed-satellite
service (space-to-Earth) that may be authorized in Denver, Colorado,
and Washington, D.C., and require all MVPD applications (under parts
74, 78, or 101) within the 17.7-17.8 GHz band near those areas to be
coordinated with the Federal Government by the Commission before an
authorization will be issued.

B. Summary of Significant Issues Raised by Public Comments in Response
to the Supplemental IRFA

There were no comments filed that specifically addressed the rules
and policies proposed in the IRFA.

C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply

The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of entities that will be affected
by the rules. The RFA defines ``small entity'' as having the same
meaning as the term ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act, unless the Commission has developed one
or more definitions that are appropriate to its activities. Under the
Small Business Act, a ``small business concern'' is one that: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) meets any additional criteria established by the
Small Business Administration (SBA).
Fixed Microwave Services: The rechannelization will affect all
common carrier and private operational fixed microwave licensees who
are authorized under Part 101 of the Commission's rules for use of the
18 GHz spectrum. Microwave services include common carrier, private-
operational fixed, and broadcast auxiliary radio services. At present,
there are approximately 36,708 common carrier fixed licensees and
59,291 private operational-fixed licensees and broadcast auxiliary
radio licensees in the microwave services. The Commission has not yet
defined a small business with respect to microwave services. For
purposes of the FRFA, we will use the SBA's definition applicable to
Cellular and other Wireless Telecommunications companies--i.e., an
entity with no more than 1,500 persons. According to Census Bureau data
for 1997, there were 977 firms in this category, total, that operated
for the entire year. Of this total, 965 firms had employment of 999 or
fewer employees, and an additional twelve firms had employment of 1,000
employees or more. Thus, under this size standard, a majority of firms
can be considered small. We note that the number of firms does not
necessarily track the number of licensees. We estimate that all of the
fixed microwave licensees (excluding broadcast auxiliary licensees)
would qualify as small entities under the SBA definition.
Small MVPDs: SBA has developed a small business size standard for
cable and other program distribution services, which includes all such
companies generating $13.0 million or less in revenue annually. This
category includes, among others, cable operators, direct broadcast
satellite (``DBS'') services, home satellite dish (``HSD'') services,
multipoint distribution services (``MDS''), multichannel multipoint
distribution service (``MMDS''), Instructional Television Fixed Service
(``ITFS''), local multipoint distribution service (``LMDS''), satellite
master antenna television (``SMATV'') systems and open video systems
(``OVS''). According to the Bureau of Census, there were 1,311 total
cable and other pay television service firms that operate throughout
the year of which 1,180 have less than $10 million in revenue. We will
address each service individually to provide as precise of an estimate
of small entities as available data allows.
Cable Operator: The Commission has developed, with SBA's approval,
its own definition of a small cable system operator for the purposes of
rate regulation. Under the Commission's rules, a ``small cable
company,'' is one serving fewer than 400,000 subscribers nationwide.
Based on our most recent information, we last estimated that there were
1,439 cable operators that qualified as small cable companies. Since
then, some of those companies may have grown to serve over 400,000
subscribers, and others may have been involved in transactions that
caused them to be combined with other cable operators. Consequently, we
estimate that there are fewer than 1,439 small entity cable system
operators that may be affected by the decisions and rules adopted in
this Report and Order. The Communications Act of 1934, as amended
(Communications Act), also contains a definition of a small cable
system operator, which is ``a cable operator that, directly or through
an affiliate, serves in the aggregate fewer than one percent of all
subscribers in the United States and is not affiliated with any entity
or entities whose gross annual revenues in the aggregate exceed
$250,000,000.'' The Commission has determined that there are 68,500,000
subscribers in the United States. Therefore, we found that an operator
serving fewer than 685,000 subscribers

[[Page 69045]]

shall be deemed a small operator, if its annual revenues, when combined
with the total annual revenues of all of its affiliates, do not exceed
$250 million in the aggregate. Based on available data, we find that
the number of cable operators serving 677,000 subscribers or less
totals 1,450. Although it seems certain that some of these cable system
operators are affiliated with entities whose gross annual revenues
exceed $250,000,000, we are unable at this time to estimate with
greater precision the number of cable system operators that would
qualify as small cable operators under the definition in the
Communications Act.
Multichannel Multipoint Distribution Service (``MMDS''): MMDS
Systems, often referred to as ``wireless cable,'' transmit video
programming to subscribers using microwave frequencies. In connection
with the 1996 MMDS auction, the Commission defined small businesses as
entities that had annual average gross revenues of less than $40
million in the previous three calendar years. This definition of a
small entity in the context of MDS auctions has been approved by the
SBA. The MDS auctions resulted in 67 successful bidders obtaining
licensing opportunities for 493 Basic Trading Areas (``BTAs''). Of the
67 auction winners, 61 met the definition of a small business.
Information available to us indicates that no MMDS facility generates
revenue in excess of $11 million annually. We conclude that there are
approximately 1634 small MMDS providers as defined by the SBA and the
Commission's auction rules.
Satellite Master Antenna Television (``SMATV'') Systems: The SBA
definition of small entities for cable and other program distribution
services includes SMATV services and, thus, small entities are defined
as all such companies generating $13.0 million or less in annual
receipts. Industry sources estimate that approximately 5,200 SMATV
operators were providing service as of December 1995. Other estimates
indicate that SMATV operators serve approximately 1.5 million
residential subscribers as of July 2001. The best available estimates
indicate that the largest SMATV operators serve between 15,000 and
55,000 subscribers each. Most SMATV operators serve approximately
3,000-4,000 customers. Because these operators are not rate regulated,
they are not required to file financial data with the Commission.
Furthermore, we are not aware of any privately published financial
information regarding these operators. Based on the estimated number of
operators and the estimated number of units served by the largest ten
SMATVs, we believe that a substantial number of SMATV operators qualify
as small entities.
Open Video Systems (``OVS''): Because OVS operators provide
subscription services, OVS falls within the SBA-recognized definition
of cable and other program distribution services. This definition
provides that a small entity is one with $13.0 million or less in
annual receipts. The Commission has certified 25 OVS operators with
some now providing service. Affiliates of Residential Communications
Network, Inc. (RCN) received approval to operate OVS systems in New
York City, Boston, Washington, DC and other areas. RCN has sufficient
revenues to assure us that they do not qualify as small business
entities. Little financial information is available for the other
entities authorized to provide OVS service but have not yet begun to
generate revenues, we conclude that at least some of the OVS operators
qualify as small entities.

D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements

Under the decisions contained in the Report and Order, we are
effecting a change wherein we will allow 18 GHz band applicants to
operate on spectrum utilizing different bandwidth channels in addition
to the ones already in existence. The decisions do not include any
changes in the language of FCC Forms nor do they require extra filings.
We are also allowing certain flexibility for some future modifications
to be achieved without the necessity of filing further applications. To
protect Federal Government earth stations that may be authorized in the
Denver, Colorado, and Washington, DC, areas, we adopt provisions
requested by the National Telecommunications and Information
Administration (NTIA) whereby the Commission will coordinate through
the Frequency Assignment Subcommittee of the Interdepartment Radio
Advisory Committee (IRAC) applications in the 17.7-17.8 GHz band for
MVPD operations.

E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered

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.
In this Report and Order, we revise our rules to reduce regulatory
burdens for 18 GHz band terrestrial FS licensees that are subject to
involuntary relocation from the 18.3-19.3 GHz band pursuant to the
Commission's reallocation of that band for exclusive satellite services
use in IB Docket No. 98-172. These FS licensees will relocate to
spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz, where part 101 currently
designates channel sizes that are too large relative to the needs of
some relocating point-to-point microwave licensees and too small
relative to the needs of relocating PCOs and other MVPDs. The instant
Report and Order revises the rules to add new channel sizes in both
bands along with special rules for MVPDs within the 17.7-18.3 GHz band,
thereby facilitating the relocation.
Specifically, we adopt a revised band plan for the FS paired and
unpaired spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz, consisting of a
variety of channel bandwidths, primarily by adding narrower bandwidths,
and a block of unpaired spectrum from 17.7-17.74 GHz. In addition, we
permit applicants to request any amount of spectrum available based on
their specific needs. We find that this flexibility will promote the
more efficient use of the terrestrial 18 GHz band by allowing FS
licensees to request the amount of spectrum that they need, rather than
having to request larger bandwidth channels or seek a waiver of the
Commission's rules. The additional flexibility and the elimination of
the regulatory burden of seeking waivers will also promote small
entities' access to spectrum for FS operations, both as relocating
incumbents and as new entrants. Further, we find that permitting
unpaired use by any FS licensee of the 17.7-17.74 GHz sub-band will
provide additional opportunities for small entities to access spectrum.
Moreover, licensees will be permitted to pair channels in the 17.7-
17.74 GHz sub-band with other channels in the terrestrial 18 GHz band.
In addition, the Report and Order designates a contiguous 600
megahertz block of one-way spectrum from 17.7-18.3 GHz for use by
MVPDs, who will have flexibility within such block to determine the
appropriate bandwidths and other technical parameters of their MVPD
operations. Although the Commission originally proposed to

[[Page 69046]]

designate only a 500 megahertz block for use by MVPDs, we conclude in
this Report and Order that the additional 100 megahertz of spectrum
will offer small entities a reasonably cost effective transmission
solution to compete with large telecommunications and cable companies.
In this Report and Order, we also provide channel flexibility to
grandfathered MVPDs in the 18.3-18.58 GHz band, which was previously
designated for non-primary use by MVPDs. Specifically, we find that it
is in the public interest to adopt the proposal in the NPRM to retain
the 18.3-18.58 GHz sub-band for grandfathered MVPDs given its adjacency
to the 17.7-18.3 GHz band that we are designating for MVPDs today. We
believe this approach is appropriate because it preserves the status of
the grandfathered terrestrial licensees in the 18.3-18.58 GHz sub-band,
many of which are small entities.
We also adopt a requirement that all MVPD applications (under parts
74, 78, or 101) seeking authority to operate in the 17.7-17.8 GHz band
near Denver, Colorado, and Washington, DC be coordinated with the
Federal Government by the Commission before an authorization will be
issued in order to protect government satellite operations in those
areas. The Commission considered requiring applicants to coordinate
their applications directly with IRAC at the same time of filing their
applications with the Commission. However, we find that it may be less
burdensome on small entities if the Commission were to coordinate the
applications through IRAC rather than requiring applicants to do so. In
addition, we sought to minimize the potential burden on all entities by
limiting both the scope of operations and geographical areas that will
be subject to this requirement.

F. Report to Congress

The Commission will send a copy of this Report and Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
29. Paperwork Reduction Analysis. This Report and Order does not
contain either a proposed or modified information collection.

List of Subjects

47 CFR Part 1

Administrative practice and procedure, Communications common
carriers, Environmental impact statements, Radio, Reporting and
recordkeeping requirements, Telecommunications.

47 CFR Part 2

Communications equipment, Radio, Reporting and recordkeeping
requirements, Telecommunications, Television, Wiretapping and
electronic surveillance.

47 CFR Part 74

Communications equipment, Education, Radio, Reporting and
recordkeeping requirements, Research, Television.

47 CFR Part 78

Cable television, Communications equipment, Radio, Reporting and
recordkeeping requirements.

47 CFR Part 101

Communications equipment, Radio, Reporting and recordkeeping
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications
Commission hereby amends 47 CFR parts 1, 2, 74, 78, and 101 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, and 303(r).

0
2. Section 1.924 is amended by adding a new paragraph (e)(4) to read as
follows:

Sec. 1.924 Quiet zones.

* * * * *
(e) * * *
(4) In the band 17.7-17.8 GHz, fixed service applications, under
parts 74, 78, or 101 of this chapter, supporting Multichannel Video
Programming Distributors shall be coordinated with the Federal
Government by the Commission before an authorization will be issued if
the station or proposed station is located in whole or in part within
any of the areas defined in paragraphs (e)(1) or (e)(2) 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, the Table of Frequency Allocations, is amended as
follows:
0
a. Revise page 49.
0
b. In the list of United States (US) footnotes, add footnote US401.

Sec. 2.106 Table of Frequency Allocations.

The revisions and additions read as follows:
* * * * *
BILLING CODE 6712-01-P

[[Page 69047]]

[GRAPHIC] [TIFF OMITTED] TR29NO06.000

BILLING CODE 6712-01-C

[[Page 69048]]

* * * * *

UNITED STATES (US) FOOTNOTES

* * * * *
US401 In the band 17.7-17.8 GHz, Federal earth stations in the
fixed-satellite service (space-to-Earth) may be authorized in the
Denver, CO and Washington, DC areas on a primary basis. Before
commencement of operations, non-Federal fixed service applications
supporting Multichannel Video Programming Distributors (MVPD) shall be
coordinated through the Frequency Assignment Subcommittee of the
Interdepartment Radio Advisory Committee.
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES

0
5. The authority citation for part 74 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.

0
6. Section 74.25 is amended by revising paragraph (c) (3) to read as
follows:

Sec. 74.25 Temporary conditional operating authority.

* * * * *
(c) * * *
(3) If operated on frequencies in the 17.8-19.7 GHz band for any
services or on frequencies in the 17.7-17.8 GHz band for MVPD
operations, the station site does not lie within any of the areas
identified in Sec. 1.924 of this chapter.
* * * * *

0
7. Section 74.32 is revised to read as follows:

Sec. 74.32 Operation in the 17.7-17.8 GHz and 17.8-19.7 GHz bands.

(a) To minimize or avoid harmful interference to Federal Government
Satellite Earth Stations located in the Denver, Colorado and
Washington, DC areas, any application for a new station license to
provide MVPD operations in the 17.7-17.8 GHz band or to operate in the
17.8-19.7 GHz band for any service, or for modification of an existing
station license in these bands which would change the frequency, power,
emission, modulation, polarization, antenna height or directivity, or
location of such a station, must be coordinated with the Federal
Government by the Commission before an authorization will be issued, if
the station or proposed station is located in whole or in part within
any of the areas defined by the following rectangles or circles:

Denver, CO Area

Rectangle 1:
41[deg]30'00'' N. Lat. on the north
103[deg]10'00'' W. Long. on the east
38[deg]30'00'' N. Lat. on the south
106[deg]30'00'' W. Long. on the west
Rectangle 2:
38[deg]30'00'' N. Lat. on the north
105[deg]00'00'' W. Long. on the east
37[deg]30'00'' N. Lat. on the south
105[deg]50'00'' W. Long. on the west
Rectangle 3:
40[deg]08'00'' N. Lat. on the north
107[deg]00'00'' W. Long. on the east
39[deg]56'00'' N. Lat. on the south
107[deg]15'00'' W. Long. on the west

Washington, DC Area

Rectangle:
38[deg]40'00'' N. Lat. on the north
78[deg]50'00'' W. Long. on the east
38[deg]10'00'' N. Lat. on the south
79[deg]20'00'' W. Long. on the west

or
(b) Within a radius of 178 km of 38[deg]48'00'' N. Lat./
76[deg]52'00'' W. Long.
(c) In addition, no application seeking authority for MVPD
operations in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz
band for any service will be accepted for filing if the proposed
station is located within 20 km of the following coordinates:

Denver, CO area: 39[deg]43'00'' N. Lat./104[deg]46'00'' W. Long.

Washington, DC area: 38[deg]48'00'' N. Lat./ 76[deg]52'00'' W. Long.

Note to Sec. 74.32: The coordinates cited in this section are
specified in terms of the ``North American Datum of 1983 (NAD 83)''
with an accuracy of 30 meters with respect to the ``National Spacial
Reference System''.

PART 78--CABLE TELEVISION RELAY SERVICE

0
8. The authority citation for part 78 continues to read as follows:

Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.

0
9. Section 78.19 is amended by revising paragraphs (f) introductory
text and (f)(2) introductory text to read as follows:

Sec. 78.19 Interference.

* * * * *
(f) Protection to the Federal Government's receive earth station
operations in the Denver, Colorado and Washington D.C. areas in the
17,700 to 19,700 MHz band.
* * * * *
(2) To minimize or avoid harmful interference to Government
Satellite Earth Stations located in the Denver, Colorado and
Washington, DC areas, any application for a new station license for
MVPD operations in the 17.7-17.8 GHz band or to operate in the 17.8-
19.7 GHz band for any service, or for modification of an existing
station license in these bands which would change the frequency, power,
emission, modulation, polarization, antenna height or directivity, or
location of such a station, must be coordinated with the Federal
Government by the Commission before an authorization will be issued, if
the station or proposed station is located in whole or in part within
any of the areas defined by the following rectangles or circles:
* * * * *

PART 101--FIXED MICROWAVE SERVICES

0
10. The authority citation for part 101 continues to read as follows:

Authority: 47 U.S.C. 154, 303.

0
11. Section 101.31 is amended by revising paragraphs (a)(3) and
(b)(1)(v) to read as follows:

Sec. 101.31 Temporary and conditional authorizations.

(a) * * *
(3) Operations in the 17.8-19.7 GHz band for any services and in
the 17.7-17.8 GHz band for MVPD operations are prohibited in the areas
defined in Sec. 1.924 of this chapter. Operations proposed in the
areas defined in Sec. 1.924 of this chapter may not commence without
prior specific notification to, and authorization from, the Commission.
(b) * * *
(1) * * *
(v) The station site does not lie within 56.3 kilometers of any
international border, within areas identified in Sec. Sec. 1.924(a)
through (d) of this chapter unless the affected entity consents in
writing to conditional operation or, if for any services on frequencies
in the 17.8-19.7 GHz band and for MVPD operations in the 17.7-17.8 GHz
band, within any of the areas identified in Sec. 1.924 of this
chapter;
* * * * *

0
12. Section 101.63 is amended by adding paragraph (g) to read as
follows:

Sec. 101.63 Period of construction; certification of completion of
construction.

* * * * *
(g) MVPD licensees which have both analog and digital emissions
designators specified on the license and which already have, or may
transition from analog to digital operations, or a combination of both,
meet their

[[Page 69049]]

completion of construction requirements and do not automatically
surrender their license provided they are using either set of
emissions. If the licensee has completed the transition to digital, the
license can remove the unused analog emission designators the next time
a modification or renewal application is filed.

0
13. Section 101.147 is amended by revising paragraph (r) to read as
follows:

Sec. 101.147 Frequency assignments.

* * * * *
(r) 17,700 to 19,700 and 24,250 to 25,250 MHz: Operation of
stations using frequencies in these bands is permitted to the extent
specified in this paragraph. Until November 19, 2012, stations
operating in the band 18.3-18.58 GHz that were licensed or had
applications pending before the Commission as of November 19, 2002
shall operate on a shared co-primary basis with other services under
parts 21, 25, 74, and 78 of this chapter. Until October 31, 2011,
operations in the band 19.26-19.3 GHz and low power systems operating
pursuant to paragraph (r)(10) of this section shall operate on a co-
primary basis. Until June 8, 2010, stations operating in the band
18.58-18.8 GHz that were licensed or had applications pending before
the Commission as of June 8, 2000 may continue those operations on a
shared co-primary basis with other services under parts 21, 25, 74, and
78 of this chapter. Until June 8, 2010, stations operating in the band
18.8-19.3 GHz that were licensed or had applications pending before the
Commission as of September 18, 1998 may continue those operations on a
shared co-primary basis with other services under parts 21, 25, 74, and
78 of this chapter. After November 19, 2012, stations operating in the
band 18.3-18.58 GHz are not entitled to protection from fixed-satellite
service operations and must not cause unacceptable interference to
fixed-satellite service station operations. After June 8, 2010,
operations in the 18.58-19.30 GHz band are not entitled to protection
from fixed-satellite service operations and must not cause unacceptable
interference to fixed-satellite service station operations. After
November 19, 2002, no applications for new stations for 47 CFR part 101
licenses will be accepted in the 18.3-18.58 GHz band. After June 8,
2000, no applications for new stations for 47 CFR part 101 licenses
will be accepted in the 18.58-19.3 GHz band. Licensees, except 24 GHz
band licensees, may use either a two-way link or one frequency of a
frequency pair for a one-way link and must coordinate proposed
operations pursuant to the procedures required in Sec. 101.103 of this
subpart. (Note, however, that stations authorized as of September 9,
1983, to use frequencies in the band 17.7-19.7 GHz may, upon proper
application, continue to be authorized for such operations, consistent
with the above conditions related to the 18.58-19.3 GHz band.)
Applicants for one-way spectrum from 17.7-18.58 GHz for multichannel
video programming distribution are governed by paragraph (r)(6) of this
section. Licensees are also allowed to use one-way (unpaired) channels
in the 17.7-17.74 GHz sub-band to pair with other channels in the FS
portions of the 18 GHz band where, for example, the return pair is
already in use and therefore blocked or in TDD systems. Stations used
for MVPD operations in the 17.7-17.8 GHz band must coordinate with the
Federal Government before operating in the zones specified in Sec.
1.924(e) of this chapter.
(1) 1.25 Megahertz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
17700.625.................................................. NA
17701.875.................................................. NA
17703.125.................................................. NA
17704.375.................................................. NA
17705.625.................................................. NA
17706.875.................................................. NA
17708.125.................................................. NA
17709.375.................................................. NA
17710.625.................................................. NA
17711.875.................................................. NA
17713.125.................................................. NA
17714.375.................................................. NA
17715.625.................................................. NA
17716.875.................................................. NA
17718.125.................................................. NA
17719.375.................................................. NA
17721.625.................................................. NA
17722.875.................................................. NA
17723.125.................................................. NA
17724.375.................................................. NA
17725.625.................................................. NA
17726.875.................................................. NA
17728.125.................................................. NA
17729.375.................................................. NA
17730.625.................................................. NA
17731.875.................................................. NA
17733.125.................................................. NA
17734.375.................................................. NA
17735.625.................................................. NA
17736.875.................................................. NA
17738.125.................................................. NA
17739.375.................................................. NA
18060.625.................................................. 19620.625
18061.875.................................................. 19621.875
18063.125.................................................. 19623.125
18064.375.................................................. 19624.375
18065.625.................................................. 19625.625
18066.875.................................................. 19626.875
18068.125.................................................. 19628.125
18069.375.................................................. 19629.375
18070.625.................................................. 19630.625
18071.875.................................................. 19631.875
18073.125.................................................. 19633.125
18074.375.................................................. 19634.375
18075.625.................................................. 19635.625
18076.875.................................................. 19636.875
18078.125.................................................. 19638.125
18079.375.................................................. 19639.375
18080.625.................................................. 19640.625
18081.875.................................................. 19641.875
18083.125.................................................. 19643.125
18084.375.................................................. 19644.375
18085.625.................................................. 19645.625
18086.875.................................................. 19646.875
18088.125.................................................. 19648.125
18089.375.................................................. 19649.375
18090.625.................................................. 19650.625
18091.875.................................................. 19651.875
18093.125.................................................. 19653.125
18094.375.................................................. 19654.375
18095.625.................................................. 19655.625
18096.875.................................................. 19656.875
18098.125.................................................. 19658.125
18099.375.................................................. 19659.375
18100.625.................................................. 19660.625
18101.875.................................................. 19661.875
18103.125.................................................. 19663.125
18104.375.................................................. 19664.375
18105.625.................................................. 19665.625
18106.875.................................................. 19666.875
18108.125.................................................. 19668.125
18109.375.................................................. 19669.375
18110.625.................................................. 19670.625
18111.875.................................................. 19671.875
18113.125.................................................. 19673.125
18114.375.................................................. 19674.375
18115.625.................................................. 19675.625
18116.875.................................................. 19676.875
18118.125.................................................. 19678.125
18119.375.................................................. 19679.375
18120.625.................................................. 19680.625
18121.875.................................................. 19681.875
18123.125.................................................. 19683.125
18124.375.................................................. 19684.375
18125.625.................................................. 19685.625
18126.875.................................................. 19686.875
18128.125.................................................. 19688.125
18129.375.................................................. 19689.375
18130.625.................................................. 19690.625
18131.875.................................................. 19691.875
18133.125.................................................. 19693.125
18134.375.................................................. 19694.375
18135.625.................................................. 19695.625
18136.875.................................................. 19696.875
18138.125.................................................. 19698.125
18139.375.................................................. 19699.375
------------------------------------------------------------------------

(2) 2 Megahertz maximum authorized bandwidth channel:

(3) 2.5 Megahertz maximum authorized bandwidth channels:

[[Page 69050]]

(4) 5 Megahertz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
340 Megahertz Separation (* channels are no longer available on a
primary basis)
------------------------------------------------------------------------
18762.5*................................................... 19102.5*
18767.5*................................................... 19107.5*
18772.5*................................................... 19112.5*
18777.5*................................................... 19117.5*
18782.5*................................................... 19122.5*
18787.5*................................................... 19127.5*
18792.5*................................................... 19132.5*
18797.5*................................................... 19137.5*
18802.5*................................................... 19142.5*
18807.5*................................................... 19147.5*
18812.5*................................................... 19152.5*
18817.5*................................................... 19157.5*
------------------------------------------------------------------------

(5) 5 Megahertz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 Megahertz Separation
------------------------------------------------------------------------
17702.5.................................................... N/A
17707.5.................................................... N/A
17712.5.................................................... N/A
17717.5.................................................... N/A
17722.5.................................................... N/A
17727.5.................................................... N/A
17732.5.................................................... N/A
17737.5.................................................... N/A
18062.5.................................................... 19622.5
18067.5.................................................... 19627.5
18072.5.................................................... 19632.5
18077.5.................................................... 19637.5
18082.5.................................................... 19642.5
18087.5.................................................... 19647.5
18092.5.................................................... 19652.5
18097.5.................................................... 19657.5
18102.5.................................................... 19662.5
18107.5.................................................... 19667.5
18112.5.................................................... 19672.5
18117.5.................................................... 19677.5
18122.5.................................................... 19682.5
18127.5.................................................... 19687.5
18132.5.................................................... 19692.5
18137.5.................................................... 19697.5
------------------------------------------------------------------------

(6) MVPD use: Multichannel video programming distributors (MVPDs)
can use any size channels for one-way operations in the 17.7-18.58 GHz
band for any permissible communications specified for this band in
Sec. 101.603 provided that they have coordinated the appropriate
emission designators and power, but must request contiguous spectrum
(minus spectrum that is already licensed or prior coordinated in the
area and thus blocked). MVPD systems must meet the efficiency
requirements of Sec. 101.141. Spectrum at 18.3-18.58 GHz is only
available for grandfathered stations. See Sec. 101.85.
(7) 10 Megahertz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 Megahertz Separation (* channels are no longer available on a
primary basis)
------------------------------------------------------------------------
17705.0................................................... 19265.0*
17715.0................................................... 19275.0*
17725.0................................................... 19285.0*
17735.0................................................... 19295.0*
17745.0................................................... 19305.0
17755.0................................................... 19315.0
17765.0................................................... 19325.0
17775.0................................................... 19335.0
17785.0................................................... 19345.0
17795.0................................................... 19355.0
17805.0................................................... 19365.0
17815.0................................................... 19375.0
17825.0................................................... 19385.0
17835.0................................................... 19395.0
17845.0................................................... 19405.0
17855.0................................................... 19415.0
17865.0................................................... 19425.0
17875.0................................................... 19435.0
17885.0................................................... 19445.0
17895.0................................................... 19455.0
17905.0................................................... 19465.0
17915.0................................................... 19475.0
17925.0................................................... 19485.0
17935.0................................................... 19495.0
17945.0................................................... 19505.0
17955.0................................................... 19515.0
17965.0................................................... 19525.0
17975.0................................................... 19535.0
17985.0................................................... 19545.0
17995.0................................................... 19555.0
18005.0................................................... 19565.0
18015.0................................................... 19575.0
18025.0................................................... 19585.0
18035.0................................................... 19595.0
18045.0................................................... 19605.0
18055.0................................................... 19615.0
18065.0................................................... 19625.0
18075.0................................................... 19635.0
18085.0................................................... 19645.0
18095.0................................................... 19655.0
18105.0................................................... 19665.0
18115.0................................................... 19675.0
18125.0................................................... 19685.0
18135.0................................................... 19695.0
------------------------------------------------------------------------
340 Megahertz Separation
------------------------------------------------------------------------
18585.0*.................................................. 18925.0*
18595.0*.................................................. 18935.0*
18605.0*.................................................. 18945.0*
18615.0*.................................................. 18955.0*
18625.0*.................................................. 18965.0*
18635.0*.................................................. 18975.0*
18645.0*.................................................. 18985.0*
18655.0*.................................................. 18995.0*
18665.0*.................................................. 19005.0*
18675.0*.................................................. 19015.0*
18685.0*.................................................. 19025.0*
18695.0*.................................................. 19035.0*
18705.0*.................................................. 19045.0*
18715.0*.................................................. 19055.0*
18725.0*.................................................. 19065.0*
18735.0*.................................................. 19075.0*
18745.0*.................................................. 19085.0*
18755.0*.................................................. 19095.0*
18765.0*.................................................. 19105.0*
18775.0*.................................................. 19115.0*
18785.0*.................................................. 19125.0*
18795.0*.................................................. 19135.0*
18805.0*.................................................. 19145.0*
18815.0*.................................................. 19155.0*
------------------------------------------------------------------------

(8) 20 Megahertz maximum authorized bandwidth channels:

[[Page 69051]]

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 Megahertz Separation (* channels are no longer available on a
primary basis)
------------------------------------------------------------------------
17710.0................................................... 19270.0*
17730.0................................................... 19290.0*
17750.0................................................... 19310.0
17770.0................................................... 19330.0
17790.0................................................... 19350.0
17810.0................................................... 19370.0
17830.0................................................... 19390.0
17850.0................................................... 19410.0
17870.0................................................... 19430.0
17890.0................................................... 19450.0
17910.0................................................... 19470.0
17930.0................................................... 19490.0
17950.0................................................... 19510.0
17970.0................................................... 19530.0
17990.0................................................... 19550.0
18010.0................................................... 19570.0
18030.0................................................... 19590.0
18050.0................................................... 19610.0
18070.0................................................... 19630.0
18090.0................................................... 19650.0
18110.0................................................... 19670.0
18130.0................................................... 19690.0
------------------------------------------------------------------------
340 Megahertz Separation
------------------------------------------------------------------------
18590.0*.................................................. 18930.0*
18610.0*.................................................. 18950.0*
18630.0*.................................................. 18970.0*
18650.0*.................................................. 18990.0*
18670.0*.................................................. 19010.0*
18690.0*.................................................. 19030.0*
18710.0*.................................................. 19050.0*
18730.0*.................................................. 19070.0*
18750.0*.................................................. 19090.0*
18770.0*.................................................. 19110.0*
18790.0*.................................................. 19130.0*
18810.0*.................................................. 19150.0*
------------------------------------------------------------------------

(9) 30 Megahertz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 Megahertz Separation
------------------------------------------------------------------------
17715.0.................................................... N/A
17755.0.................................................... 19315.0
17785.0.................................................... 19345.0
17815.0.................................................... 19375.0
17845.0.................................................... 19405.0
17875.0.................................................... 19435.0
17905.0.................................................... 19465.0
17935.0.................................................... 19495.0
17965.0.................................................... 19525.0
17995.0.................................................... 19555.0
18025.0.................................................... 19585.0
18055.0.................................................... 19615.0
18085.0.................................................... 19645.0
18115.0.................................................... 19675.0
------------------------------------------------------------------------

(10) 40 Megahertz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 Megahertz Separation (* channels are no longer available on a
primary basis)
------------------------------------------------------------------------
17720.0................................................... 19280.0*
17760.0................................................... 19320.0
17800.0................................................... 19360.0
17840.0................................................... 19400.0
17880.0................................................... 19440.0
17920.0................................................... 19480.0
17960.0................................................... 19520.0
18000.0................................................... 19560.0
18040.0................................................... 19600.0
18080.0................................................... 19640.0
18120.0................................................... 19680.0
------------------------------------------------------------------------

(11) 50 Megahertz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 Megahertz Separation
------------------------------------------------------------------------
17765.0.................................................... 19325.0
17815.0.................................................... 19375.0
17865.0.................................................... 19425.0
17915.0.................................................... 19475.0
17965.0.................................................... 19525.0
18015.0.................................................... 19575.0
18065.0.................................................... 19625.0
18115.0.................................................... 19675.0
------------------------------------------------------------------------

(12) 80 Megahertz maximum authorized bandwidth channels:

------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
1560 Megahertz Separation (* channels are no longer available on a
primary basis)
------------------------------------------------------------------------
17740.0................................................... 19300.0*
17820.0................................................... 19380.0
17900.0................................................... 19460.0
17980.0................................................... 19540.0
18060.0................................................... 19620.0
------------------------------------------------------------------------

(13) The following frequencies on channels 35-39 are available for
point-to-multipoint systems and are available by geographic area
licensing in the 24 GHz Service to be used as the licensee desires. The
24 GHz spectrum can be aggregated or disaggregated and does not have to
be used in the transmit/receive manner shown except to comply with
international agreements along the U.S. borders. Channels 35 through 39
are licensed in the 24 GHz Service by Economic Areas for any digital
fixed service. Channels may be used at either nodal or subscriber
station locations for transmit or receive but must be coordinated with
adjacent channel and adjacent area users in accordance with the
provisions of Sec. 101.509 of this subpart. Stations also must comply
with international coordination agreements.

------------------------------------------------------------------------
Nodal station User station
Channel No. frequency band frequency band
(MHz) limits (MHz) limits
------------------------------------------------------------------------
(* channels are no longer available on a primary basis)
------------------------------------------------------------------------
25.................................. 18,820-18,830 19,160-19,170*
26.................................. 18,830-18,840 19,170-19,180*
27.................................. 18,840-18,850 19,180-19,190*
28.................................. 18,850-18,860 19,190-19,200*
29.................................. 18,860-18,870 19,200-19,210*
30.................................. 18,870-18,880 19,210-19,220*
31.................................. 18,880-18,890 19,220-19,230*
32.................................. 18,890-18,900 19,230-19,240*
33.................................. 18,900-18,910 19,240-19,250*
34.................................. 18,910-18,920 19,250-19,260*
35.................................. 24,250-24,290 25,050-25,090
36.................................. 24,290-24,330 25,090-25,130
37.................................. 24,330-24,370 25,130-25,170
38.................................. 24,370-24,410 25,170-25,210
39.................................. 24,410-24,450 25,210-25,250
------------------------------------------------------------------------

(14) Special provision for low power systems in the 17,700-19,700
MHz band: Notwithstanding other provisions in 47 CFR part 101 and
except for specified areas around Washington, DC, and Denver, Colorado,
licensees of point-to-multipoint channel pairs 25-29 identified in
paragraph (r)(13) of this section may continue to operate in accordance
with the requirements of Sec. 101.85 and may operate multiple low
power transmitting devices within a defined service area. Operations
are prohibited within 55 km when used outdoor and within 20 km when
used indoor of the coordinates 38 deg.48[min] N/76 deg.52[min] W
(Washington, DC area) and 39 deg.43[min] N/104 deg.46[min] W (Denver,
Colorado area). The service area will be a 28 kilometer omni
directional radius originating from specified center reference
coordinates. The specified center coordinates must be no closer than 56
kilometers from any co-channel nodal station or the specified center
coordinates of another co-channel system. Applicants/licensees do not
need to specify the location of each individual transmitting device
operating within their defined service areas. Such operations are
subject to the following requirements on the low power transmitting
devices:
(i) Power must not exceed one watt EIRP and 100 milliwatts
transmitter output power;
(ii) A frequency tolerance of 0.001% must be maintained; and
(iii) The mean power of emissions shall be attenuated in accordance
with the following schedule:
(A) In any 4 kHz band, the center frequency of which is removed
from the center frequency of the assigned channel by more than 50
percent of the

[[Page 69052]]

channel bandwidth and is within the bands 18,820-18,870 MHz or 19,160-
19,210 MHz:

A = 35 + .003 (F-0.5B) dB

or,

80 dB (whichever is the lesser attenuation).

Where:

A = Attenuation (in decibels) below output power level contained within
the channel for a given polarization.
B = Bandwidth of channel in kHz.
F = Absolute value of the difference between the center frequency of
the 4 kHz band measured at the center frequency of the channel in kHz.

(B) In any 4 kHz band the center frequency of which is outside the
bands 18.820-18.870 GHz: At least 43 + 10 log P (mean output power in
watts) decibels.
(iv) Low power stations authorized in the band 18.8-19.3 GHz after
June 8, 2000, are restricted to indoor use only. No new licenses will
be authorized for applications received after April 1, 2002.
* * * * *

0
14. Section 101.603 is amended by revising paragraphs (a)(2) and (b)(3)
to read as follows:

Sec. 101.603 Permissible communications.

(a) * * *
(2) In the frequency bands 6425-6525 MHz, 17,700-18,580 MHz, and on
frequencies above 21,200 MHz, licensees may deliver any of their own
products and services to any receiving location;
* * * * *
(b) * * *
(3) Be used to provide the final RF link in the chain of
transmission of program material to multichannel video programming
distributors, except in the frequency bands 6425-6525 MHz and 17,700-
18,580 MHz and on frequencies above 21,200 MHz.

[FR Doc. E6-20167 Filed 11-28-06; 8:45 am]

BILLING CODE 6712-01-P