[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Proposed Rules]
[Pages 36134-36139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17412]
[[Page 36134]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 101
[WT Docket No. 09-114; RM 11417; FCC 09-58]
Amendment of Part 101 of the Commission's Rules To Accommodate 30
Megahertz Channels in the 6525-6875 MHz Band; Amendment of Part 101 of
the Commission's Rules to Provide for Conditional Authorization on
Additional Channels in the 21.8-22.0 GHz and 23.0-23.2 GHz Band; Fixed
Wireless Communications Coalition Request for Waiver
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, we seek comment on modifying the
Commission's rules to authorize channels with bandwidths of as much as
30 MHz in the 6525-6875 MHz band. We also propose, on our own motion,
to allow conditional authority on additional channels in the 21.8-22.0
GHz and 23.0-23.2 GHz band (23 GHz band).
DATES: Comments must be filed on or before August 21, 2009, and reply
comments must be filed on or before September 8, 2009.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW,
Washington, DC 20554. You may submit comments, identified by WT Docket
No. 09-114, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Charles Oliver, Attorney, Wireless
Telecommunications Bureau at 202-418-1325 or via the Internet to
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making (NPRM), FCC 09-58, released June 29, 2009. The
complete text of this document, including attachments and related
Commission documents, is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-A257), 445
12th Street SW. Washington, DC 20554. The complete text of the NPRM and
related Commission documents may be purchased from the Commission's
copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW.,
Room, CY-B402, Washington, DC 20554, telephone 202-488-5300, facsimile
202-488-5563, or you may contact BCPI at its Web site http://www.BCPIWEB.com. When ordering documents from BCPI please provide the
appropriate FCC document number, for example, FCC 09-58. The NPRM is
available on the Commission's Web site at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-58A1.doc.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using: (1) The Commission's Electronic
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking
Portal, or (3) by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998.
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers
should follow the instructions provided on the Web site for submitting
comments.
For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to [email protected], and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail should be addressed to 445 12th Street, SW., Washington DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
I. Summary of Notice of Proposed Rulemaking
A. The 6 GHz Band
1. Most of the part 101 Fixed Service 6 GHz Band is made up of two
sub-bands, 5925-6425 MHz (Lower 6 GHz Band) and 6525-6875 MHz (Upper 6
GHz Band). The Commission licenses terrestrial Fixed Services (FS) in
both sub-bands, but there are several differences between them. The
Commission issues licenses for satellite earth stations on a co-primary
basis with FS in the Lower 6 GHz band but does not issue earth station
licenses in the Upper 6 GHz Band. Lower 6 GHz channels are also
available for television studio-to-transmitter links (STL) in the local
television transmission service (LTTS); Upper 6 GHz channels are not.
In addition, the maximum authorized bandwidth differs by sub-band: 30
megahertz is the maximum bandwidth allowed in the Lower 6 GHz Band, and
10 megahertz is the maximum allowed in the Upper 6 GHz Band. The Lower
6
[[Page 36135]]
GHz Band was historically assigned for wideband common carrier fixed
use with 29.65 megahertz channels, while the Upper 6 GHz Band was
historically assigned for private use with narrower channels. FWCC
explains that fixed service bands such as the Lower 6 GHz Band and
Upper 6 GHz Band carry critical services such as public safety
communications (including police and fire vehicle dispatch),
coordinating the movement of railroad trains, controlling natural gas
and oil pipelines, regulating the electric grid, and backhaul for
wireless traffic.
2. The Lower 6 GHz Band is increasingly congested. As of early May,
2009, there were 15,264 active FS licenses in the Lower 6 GHz Band.
Furthermore, the Lower 6 GHz Band also has 1,602 licensed satellite
earth stations. Each earth station is routinely coordinated for the
entire 5925-6425 MHz band and for the entire geosynchronous arc, even
if the earth station actually communicates with only one transponder on
one satellite. Thus, a satellite earth station will place far greater
limits on the ability to coordinate stations in adjacent areas than a
terrestrial FS station, which is typically coordinated for a single
channel, or a limited set of channels, with a narrow beamwidth. As
noted above, existing rules also allow Lower 6 GHz FS stations to
operate at up to triple the bandwidth authorized under existing Upper 6
GHz Band rules.
3. The congestion in the Lower 6 GHz Band has led a number of
applicants to seek licenses to operate in the Upper 6 GHz Band pursuant
to waivers that permit them to operate FS stations with bandwidths that
are greater than the authorized 10 megahertz. As of May 11, 2009, the
Commission had issued waivers authorizing 880 FS frequency paths with
bandwidths greater than 10 megahertz in the Upper 6 GHz Band, of which
548 were authorized with 30 megahertz bandwidths. These waivers were
granted upon showing that there were no channels available in the Lower
6 GHz Band, that other higher frequency bands were not suitable for the
proposed path, and that there were no other alternatives. While the
waiver process has provided an alternative for applicants seeking wider
bandwidths in the Upper 6 GHz, some licensees have argued that the
waiver process has the disadvantages of delay and additional
preparation costs.
4. If certain conditions are met, the Commission's rules provide
that applicants for FS licenses under part 101 may operate their
proposed stations more quickly pursuant to conditional authority,
although they do so at their own risk during the pendency of their
applications. One of those conditions is that the applicant has
successfully completed the frequency coordination procedures specified
in Sec. 101.103 of the Commission's rules. Conditional authority is
not available, however, to applicants that must request waivers of
existing rules.
5. On February 4, 2008, FWCC filed a petition proposing that the
Commission change its rules to allow channels with 30 megahertz
bandwidths in the Upper 6 GHz Band. Specifically, FWCC proposes that
the Commission (1) amend Sec. 101.109(c) of its rules to permit
coordination and licensing of 30 megahertz channels in the Upper 6 GHz
Band, (2) amend Sec. 101.147(a) of the Commission's rules to state
that coordination of a 30 megahertz link in the Upper 6 GHz Band should
be attempted only if the link cannot be accommodated in the Lower 6 GHz
Band, and (3) amend Sec. 101.147(l) to specify frequency pairs for 30
megahertz channels, while retaining the present option of using
narrowband channels and preserving frequencies that are presently
allocated for emergency restoration.
6. FWCC states that the 10 megahertz maximum on authorized
bandwidths in the Upper 6 GHz Band prevents links in that sub-band from
handling data rates of more than about 50 megabits per second (Mbits/
s). It asserts that larger bandwidths of up to 30 megahertz will allow
the deployment of higher capacity broadband links and will enhance the
delivery of critical infrastructure and business services when high-
speed links are required over long distances. FWCC acknowledges that
the Commission has granted waivers for bandwidths greater than 10
megahertz in the Upper 6 GHz Band, but argues that the unavailability
of conditional authorizations represents a serious disadvantage. FWCC
argues that FS facilities must often be installed on short notice to
meet urgent public safety, infrastructure, and commercial needs, which
makes conditional licensing important to industries and their
customers. FWCC contends that applicants seeking to install high-speed
links often have no alternative to the Upper 6 GHz Band.
7. To ensure that assignments for 30 megahertz links in the Upper 6
GHz will only be granted in cases of necessity, FWCC proposes that a
new note be added to Sec. 101.147(a) stating that location of a new 30
megahertz link in the Upper 6 GHz Band should be permitted only if it
cannot be accommodated in the Lower 6 GHz Band. FWCC notes that
existing rules already set minimum bits-per-second and loading
requirements for the entire 6 GHz Band, and thereby discourage
applicants from seeking wide-bandwidth assignments when narrower
bandwidths would meet their needs.
8. Finally, FWCC proposes that Sec. 101.147(l) be amended by
adding a new paragraph to designate 30 megahertz bandwidth paired
channels (for 60 megahertz total) at 6555 and 6725 MHz, 6595 and 6755
MHz, 6625 and 6785 MHz, 6655 MHz and 6815 MHz, and 6685 MHz and 6845
MHz. FWCC's proposed placement of those channels would avoid any
overlap with the channels centered at 6535 and 6575 MHz, which are
reserved for emergency restoration, maintenance bypass, and other
temporary fixed uses.
9. AT&T, Comsearch, Harris, Radio Dynamics Corp., and UTC support
FWCC's proposal. Those parties agree that the necessity of seeking
waivers, and consequent inability to obtain conditional authorizations
before the Commission approves applications, cause delays that have a
significant impact on deployment of new services. They agree that there
is rapidly increasing demand among wireless service providers for long-
distance high-capacity links, and that there is limited space available
in bands below the Upper 6 GHz Band, especially in major metropolitan
areas. Commenters support FWCC's proposal that applicants for wide
channels in the upper 6 GHz be required to demonstrate that the
spectrum required is unavailable in the lower 6 GHz. Comsearch approves
of FWCC's proposed channelization scheme and notes that the 30
megahertz channel pairs that FWCC proposes are formed by an appropriate
aggregation of underlying 10 megahertz channels and eliminate any
overlap with the channels at 6535 MHz and 6575 MHz that are reserved
for emergency restoration and maintenance purposes.
10. API, however, argues that the Upper 6 GHz Band should be
preserved for use by private operational fixed microwave licensees,
including narrow bandwidth licensees that the Commission has required
to vacate both the 1.9 GHz band and, more recently, the 2.1 GHz band.
API contends that allowing 30 megahertz licenses in the Upper 6 GHz
Band could cause congestion and encourage speculative licensing. API
states that channel assignments for incumbent licensees in the 2.1 GHz
band are generally limited to a maximum of 800 kHz, and that, as a
consequence, those incumbents will not require 30 megahertz bandwidths
when they are relocated. API contends that the availability of 30
megahertz
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bandwidth channels in the lower 6 GHz is one of the reasons why the
Lower 6 GHz Band has become congested, and that making such wide
channels available in the upper 6 GHz would lead to similar congestion
in the upper 6 GHz. That, in turn, it argues, could frustrate efforts
to relocate displaced licensees from the 2.1 GHz band, potentially
requiring them to resort to bands that cannot support the long signal
paths that are feasible at 6 GHz.
11. FWCC and AT&T argue that API's concerns are misplaced. FWCC
contends that the main source of congestion in the lower 6 GHz is
satellite earth stations. FWCC contends that the Upper 6 GHz Band will
probably not become seriously congested, whether or not 30 megahertz
bandwidths are authorized, because satellite earth stations are not
authorized in the Upper 6 GHz Band. FWCC also believes that the
Commission's existing buildout and loading rules are sufficient to
prevent speculative licensing. AT&T argues that the proposed rule
changes would not frustrate the relocation plans of licensees that are
forced to relocate from the 1.9 GHz and 2.1 GHz bands because, under
existing rules, new licensees will be required to compensate displaced
incumbents for the cost of relocations, regardless of whether the
incumbent is relocated to a single link in the 6 GHz band or to
multiple links in a higher band that requires shorter spacing between
transmitters and receivers.
12. We propose to modify the Commission's rules to authorize 30
megahertz channels in the Upper 6 GHz Band. We find such action could
serve the public interest by making more readily available an
additional source of spectrum for high-speed microwave links. As FWCC
states, such links support a variety of important commercial, public
safety, and consumer uses, including backhaul for broadband systems.
Furthermore, the high number of waiver requests we have received to
allow licensing of channels greater than 10 megahertz in the Upper 6
GHz Band is evidence of a notable demand for wider channels in this
band. We have already approved waivers for many applicants based on
their showings that the applicants had no available alternative to
operating in the Upper 6 GHz Band. We seek comment on this proposal.
13. We also seek comment on API's concerns that allowing 30
megahertz channels in the Upper 6 MHz Band could lead to congestion and
speculative licensing. In particular, we ask commenters to indicate
whether waiver requests the Bureau has granted for 30 megahertz
channels in the Upper 6 MHz Band have caused problems to relocating
licensees. Further, we ask commenters to indicate whether the Upper 6
GHz Band has any special characteristics that would cause it to be
particularly susceptible to speculative licensing. We note that thirty
megahertz channels in the 6 GHz band are already required to have a
minimum payload capacity of 134.1 Mbits/s, and they must load at least
50 percent of that capacity within 30 months after they are licensed.
In addition, our rules require FS links in the 6 GHz band to have a
minimum path length of 17 kilometers (km). We seek comment on whether
these requirements provide assurance that spectrum in the Upper 6 GHz
Band will be used efficiently.
14. We also seek comment on whether additional requirements are
necessary to ensure efficient usage, in the event that we allow 30
megahertz channels in the Upper 6 MHz Band. In particular, we seek
comment on FWCC's proposal that we require applicants for 30 megahertz
channels in the Upper 6 GHz Band to demonstrate that the requisite
paths are not available in the Lower 6 GHz Band, as well as Comsearch's
suggestion that we require a showing that channels in the 10.7-11.7 GHz
band would not be available or sufficiently reliable.
15. In addition, we seek comment on whether authorizing 30
megahertz channels in the Upper 6 GHz Band would adversely impact the
relocation of narrow-bandwidth links from other bands. We note API's
concerns that sufficient spectrum be preserved to accommodate
relocation of narrow-bandwidth links from other bands. We also note
AT&T's assertion that most of the cost of relocating such licensees to
higher bands, if that proves necessary, will fall upon the providers of
emerging technologies that are newly licensed to the reallocated bands,
not upon the displaced incumbents.
16. Further, we seek comment on the specific channel plan proposed
by FWCC, which envisions 30 megahertz bandwidth paired channels (for 60
megahertz total for each authorized path) at 6555 and 6725 MHz, 6595
and 6755 MHz, 6625 and 6785 MHz, 6655 MHz and 6815 MHz, and 6685 MHz
and 6845 MHz. We note that Comsearch and Harris support this proposal.
We also seek comment on alternative band plans, in particular whether
additional channel bandwidths besides 30 megahertz are needed.
B. 23 GHz Band
17. The Commission's rules provide for conditional authorization of
fixed microwave links, allowing the license applicant to begin
operating a link as soon as the application is filed, if the link has
been frequency coordinated and certain other conditions are met. The
frequencies in the 23 GHz band are shared by federal and non-federal
users. For this reason, conditional authority in the band is limited to
frequencies for which the Commission has an agreement with the National
Telecommunications and Information Administration (NTIA) to permit
conditional authorization. Thus, in the 23 GHz band, conditional
authority is currently limited to four channel pairs--21.825/23.025
GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, and 21.975/23.175 GHz--for
non-federal applicants proposing to limit their equivalent
isotropically radiated power (EIRP) to 55 dBm.
18. On November 7, 2007, FWCC submitted a petition for rulemaking
requesting that the Commission allow conditional licensing for non-
federal use, with NTIA's consent, in two additional channel pairs in
the 23 GHz band--the 22.025/23.225 GHz and 22.075/23.275 GHz channel
pairs--for applicants proposing to limit their EIRP to 55 dBm.
19. In response to FWCC's petition, we seek comment on whether to
allow conditional authority on the 22.025/23.225 GHz and 22.075/23.275
GHz channel pairs for applicants proposing to limit their EIRP to 55
dBm, as set forth in the proposed rules in Appendix A. Our decision to
seek comment on this proposal is predicated on NTIA's lack of
opposition, following our coordination with that agency, to our
granting conditional authority with respect to these additional channel
pairs. The Commission has previously recognized that permitting
conditional operation pending the approval of an application provides
greater flexibility to Part 101 licensees and enables them to operate
more efficiently.
II. Initial Paperwork Reduction Analysis
20. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified ``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002.
III. Initial Regulatory Flexibility Analysis
21. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared
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this present Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on a substantial number of small
entities by the policies and rules proposed in this Notice of Proposed
Rule Making (NPRM). Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines specified in the NPRM for comments. The Commission
will send a copy of this NPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration (SBA). In
addition, the NPRM and IRFA (or summaries thereof) will be published in
the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
22. In this NPRM, we seek comment on a petition for rulemaking
filed by the Fixed Wireless Communications Coalition (FWCC) on February
4, 2008, and on a rule change that we propose on our own motion.
23. The FWCC 6 GHz Petition requests that the Commission initiate a
rulemaking to change its rules to allow channels with bandwidths of as
much as 30 megahertz in the 6525-6875 MHz band (Upper 6 GHz Band).
Specifically, FWCC proposes to amend Sec. 101.109(c) of the
Commission's rules to permit coordination and licensing of 30 megahertz
channels in the Upper 6 GHz Band, amend Sec. 101.147(a) of the
Commission's rules to clarify that coordination of a 30 megahertz link
in the Upper 6 GHz Band should be attempted only if the link cannot be
accommodated in the 5925-6425 MHz band, and amend Sec. 101.147(l) of
the Commission's rules to specify frequency pairs for 30 megahertz
channels, while retaining the present option of using narrowband
channels and preserving frequencies that are presently allocated for
emergency restoration.
24. The Lower 6 GHz Band, where 30 megahertz channels are allowed,
is increasingly congested. As of early May, 2009, there were 15,264
active FS licenses in the Lower 6 GHz Band. Furthermore, the Lower 6
GHz Band also has 1,602 licensed satellite earth stations. Each earth
station is routinely coordinated for the entire 5925-6425 MHz band, and
for the entire geosynchronous arc, even if the earth station actually
communicates with only one transponder on one satellite. Thus, a
satellite earth station will place far greater limits on the ability to
coordinate stations in adjacent areas than a terrestrial FS station,
which is typically coordinated for a single channel, or a limited set
of channels, with a narrow beamwidth.
25. The congestion in the Lower 6 GHz Band has led a number of
applicants to seek licenses to operate in the Upper 6 GHz Band pursuant
to waivers that permit them to operate FS stations with bandwidths that
are greater than the authorized 10 megahertz. As of May 11, 2009, the
Commission had issued waivers authorizing 880 FS frequency paths with
bandwidths greater than 10 megahertz in the Upper 6 GHz Band, of which
548 were authorized with 30 megahertz bandwidths. These waivers were
granted upon showing that there were no channels available in the Lower
6 GHz Band, that other higher frequency bands were not suitable for the
proposed path, and that there were no other alternatives.
26. Allowing channels with bandwidths of as much as 30 megahertz in
the Upper 6 GHz Band by rule could meet a variety of needs. Such action
could serve the public interest by making more readily available an
additional source of spectrum for high-speed microwave links, which are
used for a variety of important commercial, public safety, and consumer
uses, including backhaul for broadband systems. Furthermore, the high
number of waiver requests we have received to allow licensing of
channels greater than 10 megahertz in the Upper 6 GHz Band is evidence
of a notable demand for wider channels in this band. On the other hand,
the American Petroleum Institute (API) has expressed concern that
allowing 30 megahertz licenses in the Upper 6 GHz Band could cause
congestion, encourage speculative licensing, and make it more difficult
for licensees to relocate out of the 2 GHz Band that has been
reallocated for advanced technologies. The objective of the proposed
rule is to provide the benefits of wider channels while avoiding the
potential problems noted by API. We believe that increasing congestion
in the Lower 6 GHz Band could justify expanding the maximum allowable
bandwidth in the Upper 6 GHz Band to 30 megahertz. We also seek comment
on concerns raised by the American Petroleum Institute
Telecommunications Subcommittee that adopting these rules might lead to
additional congestion in the upper 6 GHz band, cause speculative
applications to be filed, and make it more difficult for applicants
proposing narrower bandwidth links to coordinate their proposals with
licensees in the Upper 6 GHz Band.
27. We also propose, on our own motion, to allow conditional
licensing on two additional channel pairs for non-federal use in the 23
GHz band, if the National Telecommunications and Information
Administration (NTIA) approves, for applicants proposing to limit their
effective isotropically radiated power (E.I.R.P.) to 55 dBm.
28. If certain conditions are met, the Commission's rules provide
that applicants for FS licenses under part 101 may operate their
proposed stations more quickly pursuant to conditional authority,
although they do so at their own risk during the pendency of their
applications. Before exercising conditional authority, the applicant
must successfully complete frequency coordination to ensure that the
proposed facilities will not cause interference to other authorized
facilities. Conditional authority ceases immediately if an application
is returned as unacceptable for filing. The Commission's rules also
provide that ``conditional authority may be modified or cancelled by
the Commission at any time without hearing if, in the Commission's
discretion, the need for such action arises.''
29. Fixed service bands carry critical services such as public
safety communications (including police and fire vehicle dispatch),
coordinating the movement of railroad trains, controlling natural gas
and oil pipelines, regulating the electric grid, and backhaul for
wireless traffic. Conditional authority allows an applicant to provide
those types of services expeditiously before the Commission acts on its
application. Because the 23 GHz Band is shared between federal and non-
federal use, conditional authority in that band is limited to
frequencies for which the Commission has an agreement with NTIA to
permit conditional authorization. NTIA has not stated any objection to
allowing conditional licensing on the additional two channel pairs. We
therefore propose to add the 22.025/23.225 GHz and 22.075/23.275 GHz
channel pairs to the list of frequencies on which we allow conditional
authority. Such action would allow all licensees to provide service
more rapidly (subject to the normal limitations on conditional
authority noted above) while protecting existing licensees. We seek
comment on allowing conditional authority on a permanent basis.
B. Legal Basis
30. The proposed action is authorized pursuant to Sections 1, 2,
4(i), 7, 10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332
and 333 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
152, 154(i),
[[Page 36138]]
157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332,
and 333.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
31. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules and policies, if adopted. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``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. A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
32. Nationwide, there are a total of approximately 22.4 million
small businesses, according to SBA data. A ``small organization'' is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.'' Nationwide, as of
2002, there were approximately 1.6 million small organizations. The
term ``small governmental jurisdiction'' is defined generally as
``governments of cities, towns, townships, villages, school districts,
or special districts, with a population of less than fifty thousand.''
Census Bureau data for 2002 indicate that there were 87,525 local
governmental jurisdictions in the United States. We estimate that, of
this total, 84,377 entities were ``small governmental jurisdictions.''
Thus, we estimate that most governmental jurisdictions are small.
Wireless Telecommunications Carriers (except satellite).
33. 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 IRFA,
we will use the SBA's definition applicable to Wireless
Telecommunications Carriers (except satellite)--i.e., an entity with no
more than 1,500 persons. The Commission's most recent data were
acquired when ``Cellular and Other Wireless Telecommunications
Companies'' was the applicable industry category. Census Bureau data
for 2002 show that there were 1,397 firms in this category that
operated for the entire year. Of this total, 1,378 firms had employment
of 999 or fewer employees, and 19 firms had employment of 1,000
employees or more. Thus, under this size standard, the 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.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
34. This NPRM proposes no new reporting or recordkeeping
requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
35. 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.
36. As noted above, this NPRM proposes rules to provide applicants
with improved access to spectrum that is presently restricted with
respect to bandwidth or that requires completion of frequency
coordination with NTIA before the applicant can begin operations on a
conditional basis. As noted above, virtually all microwave licensees
under part 101 of the Commission's rules are considered small
businesses. Under our rules, the opportunities to apply for 30
megahertz channels in the Upper 6 GHz Band and to take advantage of
conditional authority 22.025/23.225 GHz and 22.075/23.275 GHz channel
pairs would be equally available to all applicants, including small
businesses. Thus, this proposed action would provide additional options
to all licensees, including small entity licensees. In this NPRM, we
seek comment on these proposed actions. Such action could serve the
public interest by facilitating the efficient use of the 6 GHz and 23
GHz bands. The proposed rules could therefore open up economic
opportunities to a variety of spectrum users, including small
businesses.
37. The alternative approach would be to maintain the existing
rules. If the rules were not changed to provide for 30 megahertz
channels in the Upper 6 GHz Band, applicants who wished to obtain such
channels would have to take additional time and money to prepare a
request for waiver of the Commission's rules. Such additional time and
expense may be particularly disadvantageous to small businesses.
Furthermore, because a waiver request would be required, applicants
cannot commence operation until the Commission grants their waiver
request and application. The resulting delay can make it more difficult
for applicants to meet their communications needs or the needs of their
customers. With respect to the 23 GHz Band, the alternative approach
would be to deny conditional authority on the two additional channel
pairs and require applicants to wait until the Commission grants their
application before they can commence service. Again, the resulting
delay can make it more difficult for applicants to meet their
communications needs or the needs of their customers.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Ordering Clauses
38. Pursuant to sections 1, 2, 4(i), 7, 10, 201, 214, 301, 302,
303, 307, 308, 309, 310, 319, 324, 332 and 333 of the Communications
Act of 1934, 47 U.S.C. 151, 152, 154(i), 157, 160, 201, 214, 301, 302,
303, 307, 308, 309, 310, 319, 324, 332, 333, that this NPRM is hereby
ADOPTED.
39. Notice is given of the proposed regulatory changes described in
this NPRM, and that comment is sought on these proposals.
40. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this NPRM, including
the Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
[[Page 36139]]
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 101 to read as
follows:
PART 101--FIXED MICROWAVE SERVICES
1. The authority citation for part 101 continues to read as
follows:
Authority: 47 U.S.C. 154, 303.
2. Amend Sec. 101.31 by revising paragraph (b)(1)(vii) to read as
follows:
Sec. 101.31 Temporary and conditional authorizations.
* * * * *
(b) * * *
(1) * * *
(vii) With respect to the 21.8-22.0 GHz and 23.0-23.2 GHz band, the
filed application(s) does not propose to operate on a frequency pair
centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/
23.125 GHz, 21.975/23.175 GHz, 22.025/23.225 GHz or 22.075/23.275 GHz
and does not propose to operate with an E.I.R.P. greater than 55 dBm.
The center frequencies are shifted from the center frequencies listed
above for certain bandwidths as follows: Add 0.005 GHz for 20 MHz
bandwidth channels, add 0.010 GHz for 30 megahertz bandwidth channels,
and subtract 0.005 GHz for 40 MHz bandwidth channels. See specific
channel listings in Sec. 101.147(s).
* * * * *
3. Amend Sec. 101.109(c) table by revising the entry for the 6,525
to 6,875 Frequency band (MHz) to read as follows:
Sec. 101.109 Bandwidth.
* * * * *
(c) * * *
------------------------------------------------------------------------
Frequency band (MHz) Maximun authorized bandwidth
------------------------------------------------------------------------
* * * * *
6,525 to 6,875........................... 30 MHz \1\
* * * * *
------------------------------------------------------------------------
4. Amend Sec. 101.147 by revising entry 6,525-6,875 MHz (14) to
entry 6,525-6,875 MHz (14)(33) in paragraph (a), by adding note (33) to
paragraph (a) and by adding a new paragraph (l)(8) to read as follows:
Sec. 101.147 Frequency assignments.
(a) * * *
* * * * *
6,525-6,875 MHz (14)(33)
* * * * *
(33) The coordination of a new 30 MHz link in the 6,525-6,825 MHz
band should be attempted only if it cannot be accommodated in the
5,925-6,425 MHz band.
* * * * *
(l) * * *
(8) 30 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6555....................................................... 6725
6595....................................................... 6755
6525....................................................... 6785
6655....................................................... 6815
6685....................................................... 6845
------------------------------------------------------------------------
* * * * *
[FR Doc. E9-17412 Filed 7-21-09; 8:45 am]
BILLING CODE 6712-01-P