[Code of Federal Regulations] [Title 47, Volume 2] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR27.5] [Page 291-294] TITLE 47--TELECOMMUNICATION COMMISSION (CONTINUED) PART 27_MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES--Table of Contents Subpart A_General Information Sec. 27.5 Frequencies. (a) 2305-2320 MHz and 2345-2360 MHz bands. The following frequencies are available for WCS in the 2305-2320 MHz and 2345-2360 MHz bands: (1) Two paired channel blocks are available for assignment on a Major Economic Area basis as follows: Block A: 2305-2310 and 2350-2355 MHz; and Block B: 2310-2315 and 2355-2360 MHz. (2) Two unpaired channel blocks are available for assignment on a Regional Economic Area Grouping basis as follows: Block C: 2315-2320 MHz; and Block D: 2345-2350 MHz. (b) 746-764 MHz and 776-794 MHz bands. The following frequencies are available for licensing pursuant to this part in the 746-764 MHz and 776-794 MHz bands: (1) Two paired channels of 1 megahertz each are available for assignment solely to Guard band managers. Block A: 746-747 MHz and 776- 777 MHz. (2) Two paired channels of 2 megahertz each are available for assignment solely to Guard band managers. Block B: 762-764 MHz and 792- 794 MHz. (3) Two paired channels of 5 megahertz each are available for assignment. Block C: 747-752 MHz and 777-782 MHz. (4) Two paired channels of 10 megahertz each are available for assignment. Block D: 752-762 MHz and 782-792 MHz. (c) 698-746 MHz band. The following frequencies are available for licensing pursuant to this part in the 698-746 MHz band: (1) Three paired channel blocks of 12 megahertz each are available for assignment as follows: Block A: 698-704 MHz and 728-734 MHz; Block B: 704-710 MHz and 734-740 MHz; and Block C: 710-716 MHz and 740-746 MHz. (2) Two unpaired channel blocks of 6 megahertz each are available for assignment as follows: Block D: 716-722 MHz; and Block E: 722-728 MHz. (d) 1390-1392 MHz band. The 1390-1392 MHz band is available for assignment on a Major Economic Area basis. (e) The paired 1392-1395 and 1432-1435 MHz bands. The paired 1392- 1395 MHz and 1432-1435 MHz bands are available for assignment on an Economic Area Grouping basis as follows: Block A: 1392-1393.5 MHz and 1432-1433.5 MHz; and Block B: 1393.5-1395 MHz and 1433.5-1435 MHz. (f) 1670-1675 MHz band. The 1670-1675 MHz band is available for assignment on a nationwide basis. (g) [Reserved] (h) 1710-1755 MHz and 2110-2155 MHz bands. The following frequencies are available for licensing pursuant to this part in the 1710-1755 MHz and 2110-2155 MHz bands: [[Page 292]] (1) Two paired channel blocks of 10 megahertz each are available for assignment as follows: Block A: 1710-1720 MHz and 2110-2120 MHz; and Block B: 1720-1730 MHz and 2120-2130 MHz. (2) Two paired channel blocks of 5 megahertz each are available for assignment as follows: Block C: 1730-1735 MHz and 2130-2135 MHz; and Block D: 1735-1740 MHz and 2135-2140 MHz. (3) One paired channel block of 15 megahertz each is available for assignment as follows: Block E: 1740-1755 MHz and 2140-2155 MHz. (i) Frequency assignments for the BRS/EBS band. (1) Pre-transition frequency assignments. BRS Channel 1: 2150-2156 MHz BRS Channel 2: 2156-2162 MHz BRS Channel 2A: 2156-2160 MHz EBS Channel A1: 2500-2506 MHz EBS Channel B1: 2506-2512 MHz EBS Channel A2: 2512-2518 MHz EBS Channel B2: 2518-2524 MHz EBS Channel A3: 2524-2530 MHz EBS Channel B3: 2530-2536 MHz EBS Channel A4: 2536-2542 MHz EBS Channel B4: 2542-2548 MHz EBS Channel C1: 2548-2554 MHz EBS Channel D1: 2554-2560 MHz EBS Channel C2: 2560-2566 MHz EBS Channel D2: 2566-2572 MHz EBS Channel C3: 2572-2578 MHz EBS Channel D3: 2578-2584 MHz EBS Channel C4: 2584-2590 MHz EBS Channel D4: 2590-2596 MHz BRS Channel E1: 2596-2602 MHz BRS Channel F1: 2602-2608 MHz BRS Channel E2: 2608-2614 MHz BRS Channel F2: 2614-2620 MHz BRS Channel E3: 2620-2626 MHz BRS Channel F3: 2626-2632 MHz BRS Channel E4: 2632-2638 MHz BRS Channel F4: 2638-2644 MHz EBS Channel G1: 2644-2650 MHz BRS Channel H1: 2650-2656 MHz EBS Channel G1: 2656-2662 MHz BRS Channel H1: 2662-2668 MHz EBS Channel G1: 2668-2674 MHz BRS Channel H1: 2674-2680 MHz EBS Channel G1: 2680-2686 MHz I Channels: 2686-2690 MHz (2) Post transition frequency assignments. The frequencies available in the Broadband Radio Service (BRS) and Educational Broadband Service (EBS) are listed in this section in accordance with the frequency allocations table of Sec. 2.106 of this chapter. (i) Lower Band Segment (LBS): The following channels shall constitute the Lower Band Segment: BRS Channel 1: 2496-2502 MHz EBS Channel A1: 2502-2507.5 MHz EBS Channel A2: 2507.5-2513 MHz EBS Channel A3: 2513-2518.5 MHz EBS Channel B1: 2518.5-2524 MHz EBS Channel B2: 2524-2529.5 MHz EBS Channel B3: 2529.5-2535 MHz EBS Channel C1: 2535-2540.5 MHz EBS Channel C2: 2540.5-2546 MHz EBS Channel C3: 2546-2551.5 MHz EBS Channel D1: 2551.5-2557 MHz EBS Channel D2: 2557-2562.5 MHz EBS Channel D3: 2562.5-2568 MHz EBS Channel JA1: 2568.00000-2568.33333 MHz EBS Channel JA2: 2568.33333-2568.66666 MHz EBS Channel JA3: 2568.66666-2569.00000 MHz EBS Channel JB1: 2569.00000-2569.33333 MHz EBS Channel JB2: 2569.33333-2569.66666 MHz EBS Channel JB3: 2569.66666-2570.00000 MHz EBS Channel JC1: 2570.00000-2570.33333 MHz EBS Channel JC2: 2570.33333-2570.66666 MHz EBS Channel JC3: 2570.66666-2571.00000 MHz EBS Channel JD1: 2571.00000-2571.33333 MHz EBS Channel JD2: 2571.33333-2571.66666 MHz EBS Channel JD3: 2571.66666-2572.00000 MHz (ii) Middle Band Segment (MBS): The following channels shall constitute the Middle Band Segment: EBS Channel A4: 2572-2578 MHz EBS Channel B4: 2578-2584 MHz EBS Channel C4: 2584-2590 MHz EBS Channel D4: 2590-2596 MHz EBS Channel G4: 2596-2602 MHz BRS Channel F4: 2602-2608 MHz BRS Channel E4: 2608-2614 MHz (iii) Upper Band Segment (UBS): The following channels shall constitute the Upper Band Segment: BRS Channel KH1: 2614.00000-2614.33333 MHz BRS Channel KH2: 2614.33333-2614.66666 MHz BRS Channel KH3: 2614.66666-2615.00000 MHz EBS Channel KG1: 2615.00000-2615.33333 MHz EBS Channel KG2: 2615.33333-2616.66666 MHz EBS Channel KG3: 2615.66666-2616.00000 MHz BRS Channel KF1: 2616.00000-2616.33333 MHz BRS Channel KF2: 2616.33333-2616.66666 MHz BRS Channel KF3: 2616.66666-2617.00000 MHz BRS Channel KE1: 2617.00000-2617.33333 MHz BRS Channel KE2: 2617.33333-2617.66666 MHz BRS Channel KE3: 2617.66666-2618.00000 MHz BRS Channel 2: 2618-2624 MHz BRS Channel E1: 2624-2629.5 MHz BRS Channel E2: 2629.5-2635 MHz BRS Channel E3: 2635-2640.5 MHz EBS Channel F1: 2640.5-2646 MHz EBS Channel F2: 2646-2651.5 MHz EBS Channel F3: 2651.5-2657 MHz BRS Channel H1: 2657-2662.5 MHz [[Page 293]] BRS Channel H2: 2662.5-2668 MHz BRS Channel H3: 2668-2673.5 MHz BRS Channel G1: 2673.5-2679 MHz BRS Channel G2: 2679-2684.5 MHz BRS Channel G3: 2684.5-2690 MHz Note to paragraph (i)(2): No 125 kHz channels are provided for channels in operation in this service. The 125 kHz channels previously associated with these channels have been reallocated to Channel H3 in the upper band segment. (3) Frequencies will be assigned as follows: (i) An EBS licensee is limited to the assignment of no more than one 6 MHz channel in the MBS and three channels in the LBS or UBS for use in a single area of operation. Applicants shall not apply for more channels than they intend to construct within a reasonable time, simply for the purpose of reserving additional channels. The number of channels authorized to an applicant will be based on the demonstration of need for the number of channels requested. The Commission will take into consideration such factors as the amount of use of any currently assigned channels and the amount of proposed use of each channel requested, the amount of, and justification for, any repetition in the schedules, and the overall demand and availability of broadband channels in the community. For those applicant organizations formed for the purpose of serving accredited institutional or governmental organizations, evaluation of the need will only consider service to those specified receive sites which submitted supporting documentation. (ii) An applicant leasing excess capacity and proposing a schedule which complies in all respects with the requirements of Sec. 1.9047 will have presumptively demonstrated need for no more than four channels. This presumption is rebuttable by demonstrating that the application does not propose to comport with our educational usage requirements as defined in Sec. 27.1203, and to transmit the requisite minimum educational usage of Sec. 1.9047 of this chapter for genuinely educational purposes. (4) A temporary fixed broadband station may use any available broadband channel on a secondary basis, except that operation of temporary fixed broadband stations is not allowed within 56.3 km (35 miles) of Canada. (5)(i) A point-to-point EBS station on the E and F-channel frequencies, may be involuntarily displaced by a BRS applicant or licensee, provided that suitable alternative spectrum is available and that the BRS entity bears the expenses of the migration. Suitability of spectrum will be determined on a case-by-base basis; at a minimum, the alternative spectrum must be licensable by broadband operators on a primary basis (although it need not be specifically allocated to the broadband service), and must provide a signal that is equivalent to the prior signal in picture quality and reliability, unless the broadband licensee will accept an inferior signal. Potential expansion of the BRS licensee may be considered in determining whether alternative available spectrum is suitable. (ii) If suitable alternative spectrum is located pursuant to paragraph (h)(6)(i) of this section, the initiating party must prepare and file the appropriate application for the new spectrum, and must simultaneously serve a copy of the application on the EBS licensee to be moved. The initiating party will be responsible for all costs connected with the migration, including purchasing, testing and installing new equipment, labor costs, reconfiguration of existing equipment, administrative costs, legal and engineering expenses necessary to prepare and file the migration application, and other reasonable documented costs. The initiating party must secure a bond or establish an escrow account to cover reasonable incremental increase in ongoing expenses that may fall upon the migrated licensee. The bond or escrow account should also account for the possibility that the initiating party subsequently becomes bankrupt. If it becomes necessary for the Commission to assess the sufficiency of a bond or escrow amount, it will take into account such factors as projected incremental increase in electricity or maintenance expenses, or relocation expenses, as relevant in each case. (iii) The EBS licensee to be moved will have a 60-day period in which to oppose the involuntary migration. The [[Page 294]] broadband party should state its opposition to the migration with specificity, including engineering and other challenges, and a comparison of the present site and the proposed new site. If involuntary migration is granted, the new facilities must be operational before the initiating party will be permitted to begin its new or modified operations. The migration must not disrupt the broadband licensee's provision of service, and the broadband licensee has the right to inspect the construction or installation work. [62 FR 9658, Mar. 3, 1997, as amended at 65 FR 3145, Jan. 20, 2000; 65 FR 17602, Apr. 4, 2000; 67 FR 5510, Feb. 6, 2002; 67 FR 41854, June 20, 2002; 69 FR 5714, Feb. 6, 2004; 69 FR 72032, Dec. 10, 2004; 69 FR 77950, Dec. 29, 2004]