Permanent Process For Registering Links In The 71-76 GHz, 81-86 GHz, And 92-95 GHz Bands, 6667-6671 [05-2546]

Download as PDF Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices review requirements that apply when an agency imposes requirements do not apply to this action. As part of your comments on this Notice you may include any comments or information that you have regarding these requirements. In particular, any comments or information that would help the Agency to assess the potential impact of a rule on small entities pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.); to consider voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104– 113, section 12(d) (15 U.S.C. 272 note); or to consider environmental health or safety effects on children pursuant to Executive Order 13045, titled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). The Agency will consider such comments during the development of any subsequent notice of proposed rulemaking as it takes appropriate steps to address any applicable requirements. List of Subjects Dated: February 2, 2005. Susan B. Hazen, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. 05–2371 Filed 2–3–05; 11:43 am] BILLING CODE 6560–50–S FARM CREDIT ADMINISTRATION Farm Credit Administration Board; Regular Meeting; Sunshine Act AGENCY: Farm Credit Administration. SUMMARY: Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board). DATE AND TIME: The regular meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on February 10, 2005, from 9 a.m. until such time as the Board concludes its business. FOR FURTHER INFORMATION CONTACT: Jeanette C. Brinkley, Secretary to the Farm Credit Administration Board, (703) 883–4009, TTY (703) 883–4056. ADDRESSES: Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102–5090. SUPPLEMENTARY INFORMATION: This meeting of the Board will be open to the public (limited space available). In order 18:12 Feb 07, 2005 Open Session A. Approval of Minutes • January 13, 2005 (Open). B. New Business—Other • Spring Unified Agenda and Regulatory Performance Plan. Dated: February 3, 2005. Jeanette C. Brinkley, Secretary, Farm Credit Administration Board. [FR Doc. 05–2541 Filed 2–4–05; 2:26 pm] BILLING CODE 6705–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 05–311] Permanent Process For Registering Links In The 71–76 GHz, 81–86 GHz, And 92–95 GHz Bands Federal Communications Commission. ACTION: Notice. AGENCY: Environmental protection, Protection of human research subjects. VerDate jul<14>2003 to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are: Jkt 205001 SUMMARY: The Wireless Telecommunications Bureau (‘‘WTB’’ or ‘‘Bureau’’) announces additional details of the link registration process for the 71–76, 81–86, 92–94.0 and 94.1–95 GHz bands. This public notice also establishes February 8, 2005, as the date on which the Commission’s Universal Licensing System (ULS) will no longer process link registrations and the third party database system will become the sole source for registering links. DATES: Effective February 8, 2005. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Cheryl Black or Stephen Buenzow, Broadband Division, WTB, 717–338– 2687 or questions regarding the application filing and link registration procedure outlined in this public notice may be directed to the ULS Hotline at 1–888–CallFCC Option #2. SUPPLEMENTARY INFORMATION: The full text of this Public Notice is available for inspection and copying during normal business hours in the FCC Reference Center, Room CY–A–257, 445 12th Street, SW., Washington, DC 20554. The complete text may also 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. The PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 6667 complete item is also available on the Commission’s Web site at https:// www.fcc.gov/wtb. Background On October 16, 2003, the Commission adopted a Report and Order 1 establishing service rules to promote non-Federal Government development and use of the ‘‘millimeter wave’’ spectrum in the 71–76 GHz, 81–86 GHz and 92–95 GHz bands 2 on a shared basis with Federal Government operations.3 The Commission adopted a flexible and innovative regulatory framework for the 71–95 GHz bands that would not require traditional frequency coordination among non-Federal Government users. Under this approach, the Commission issues an unlimited number of non-exclusive nationwide licenses to non-Federal Government entities for the 12.9 gigahertz of spectrum allocated for commercial use.4 These licenses serve as a prerequisite for registering individual point-to-point links, which in turn is required prior to operating a link. Furthermore, the 71–95 GHz bands are allocated on a shared basis with Federal Government users. Therefore, a licensee may not operate on a link until the link has been coordinated with the National Telecommunications and Information 1 In the Report and Order released November 4, 2003, the Commission adopted rules for both unlicensed (Part 15) and licensed (Part 101) use of portions of these bands. Allocations and Service Rules for the 71–76 GHz, 81–86 GHz and 92–95 GHz Bands, WT Docket No. 02–146, Report and Order, 69 FR 3257, January 23, 2004, 18 FCC Rcd 23318 (2003) (Report and Order) (recon. pending). The instant Public Notice concerns licensed use of the bands, which involves all of the bands except for 100 megahertz of spectrum at 94.0–94.1 GHz. For convenience only, we refer to the licensed spectrum herein as ‘‘the bands,’’ ‘‘the Millimeter Wave 70/80/90 GHz Radio Service,’’ or ‘‘71–95 GHz’’; such references do not include 94.0–94.1 GHz. See note, infra. 2 On February 23, 2004, The Wireless Communications Association International, Inc. filed a petition for reconsideration of certain aspects of the Report and Order relating to the 71–76 and 81–86 GHz bands. 3 In the context of spectrum management, ‘‘Federal Government’’ refers to use by the Federal Government and ‘‘non-Federal Government’’ refers to use by private entities and state and local governments. See Report and Order, 18 FCC Rcd at 23319 n.3. See also 47 CFR 101.147(z) (sites may not operate until NTIA approval is received); 101.511 (authorization will be granted upon proper application filing and link coordination in accordance with the Commission’s rules); 101.1523 (sharing and coordination among non-Federal Government licensees and between non-Federal Government licensees and Federal Government services). 4 The 71–76 GHz, 81–86 GHz and 92–95 GHz bands are allocated to both Federal Government and non-Federal Government users on a co-primary basis, except the 94.0–94.1 GHz portion, which is allocated for exclusive Federal Government use. See generally, Report and Order, 18 FCC Rcd at 23322– 31. E:\FR\FM\08FEN1.SGM 08FEN1 6668 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices Administration (NTIA) with respect to Federal Government operations. NTIA has separately developed an automated coordination mechanism discussed in detail in Section I.C. below. In the Report and Order, the Commission explained that link registration would be handled through an independent link registration system (LRS) to be developed and maintained by FCC-appointed database managers. The Commission indicated that the licensing and link registration implementation would be detailed in public notices.5 The Bureau subsequently announced June 21, 2004, as the start date for filing applications for non-exclusive nationwide licenses and July 19, 2004, as the start date for licensees to register individual links under an interim link registration process (Interim Procedures) through ULS.6 Pursuant to the Report and Order, link registration through ULS would end at such time as a third-party, nonFCC database system was in place through which 70–90 GHz licensees would register links.7 On September 29, 2004, the Bureau released an Order announcing the appointment of Comsearch, Frequency Finder, Inc.,TM and Micronet Communications, Inc. as independent database managers (Database Manager or, collectively, Database Managers) responsible for the design and management of the third-party 71–95 GHz bands link registration system (LRS).8 The LRS is now complete. Accordingly, this Public Notice sets forth the provisions for the permanent link registration process through the LRS. I. Individual Link Registration and Coordination A. Introduction As noted above, links cannot be registered by a licensee until a geographic nationwide license is issued by the Commission to the licensee. Applications for non-exclusive 5 Report and Order at paragraph 59. See also 47 CFR 101.1523(b). 6 Wireless Telecommunications Bureau Announces Licensing and Interim Link Registration Process, Including Start Date for Filing Applications for Non-Exclusive Nationwide Licenses in the 71– 71 GHz, 81–86 GHz, and 92–95 GHz Bands, Public Notice, DA 04–1493 (March 12, 2004) (Interim Procedures Public Notice). 7 Report and Order at paragraphs 59–60. 8 Allocations and Service Rules for the 71–76 GHz, 81–86 GHz and 92–95 GHz Bands, Order, DA04–3151 (WTB, Sept. 29, 2004) (Database Manager Order). Each Database Manager has executed a Memorandum of Understanding with the Commission memorializing their obligations and responsibilities as a 71–95 GHz link registration database manager. VerDate jul<14>2003 18:12 Feb 07, 2005 Jkt 205001 nationwide licenses will continue to be filed with the Commission, and applicants are encouraged to electronically file using ULS 9 for the licenses on FCC Form 601.10 See Interim Procedures Public Notice for further details regarding the filing of applications for a non-exclusive nationwide license. B. Link Registrations under the Permanent Process—LRS Transition from Interim Process (using ULS) to Database Managers (using LRS). Starting on February 8, 2005 (Transition Date), licensees must register links on the LRS. As of the Transition Date, ULS will no longer accept applications for registration of individual links and will no longer assign an interference protection date to any link registration. The first-in-time interference protection date will be established by registration on the LRS.11 Any pending link registrations filed with the Commission prior to the Transition Date will be processed to completion by the Commission under the Interim Procedures. The link data will be transferred to the Database Managers upon completion of the registration process. Once all registered 9 Pursuant to Section 1.913(d) of the Commissions Rules certain categories of applicants are permitted to file their license applications manually. However, the Bureau urges all applicants to file electronically using ULS because ‘‘[l]icensees who continue to file applications manually risk dismissal of their applications for routine errors.’’ See Wireless Telecommunications Bureau Revises and Begins Phased Implementation of its Unified Policy for Reviewing License Applications and Pleadings, Public Notice, 14 FCC Rcd 11182, 11186 (WTB 1999). The Bureau has noted that ‘‘[m]any of the filing errors routinely made by applicants involve missing signatures, missing or invalid answers to mandatory questions, missing or incorrect fees, and technical information inconsistent with the applicant’s authorization,’’ and that using ULS would nearly eliminate the filing of applications with these types of errors due to the real-time feedback online prior to the applicant submitting the application electronically. Id. at 11185. 10 An FCC Registration Number (FRN) is required in order to file in ULS. If the applicant does not have an existing FRN, it must register and obtain an FRN prior to filing the license application. The FCC Registration Number (FRN) is the 10-digit number assigned to all entities (individual and corporate) that transact business with the FCC (including via ULS) and is not to be confused with the ‘‘link registrations’’ discussed in Section I.B. of the instant Public Notice. Applicants can obtain an FCC Registration Number (FRN) using the Wireless Telecommunications Bureau Web site at https:// wireless.fcc.gov/ and select ‘‘CORES/Call Sign Registration’’ from the right hand menu under the heading of Licensing. The printed copy of the nonexclusive nationwide license will not be updated to reflect link registrations and will not be re-issued when individual links are registered with that call sign. 11 See discussion infra, Section I.E., ‘‘Interference Protection Date and Interference Dispute Resolution.’’ PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 link data has been transferred to the Database Managers, the link registration data residing in ULS will be archived. Because the three Database Managers have designed the LRS to work through their separate but redundant databases, each link’s status will be available through any one of the three. The successful completion of the registration will be recorded by the originating Database Manager and will be shared with each of the other Database Managers. Licensees should consult the LRS for up-to-date information regarding their links and the public can access information online about all registered links through LRS (see attachment for contact information). Licensees may not begin operation of a link until the registration of that link has been completed through the LRS. Licensees will not be able to complete link registrations through the LRS until (a) the link is successfully coordinated through NTIA and (b) the necessary approvals and clearances have been obtained through the FCC (see Sections I.C. and I.D. below for further details). The Database Managers have indicated that they may offer FCC filing services as one of several optional services,12 and LRS will be querying NTIA’s automated database at the time the licensee submits the link for registration. Nevertheless, we remind licensees that they remain responsible for obtaining all of the necessary governmental approvals in order to complete the link registration and operate on a link. Licensees are strongly advised to submit a proposed link to a Database Manager as soon as possible and prior to making any required FCC filings (see Section I.D. below). C. Coordination with Federal Government Operations (NTIA) Proposed links must be coordinated with NTIA. NTIA has developed an automated coordination mechanism that will allow non-Federal Government users and the Database Managers to determine whether a given non-Federal Government link has any potential conflict with Federal Government users.13 12 See Report and Order, 18 FCC Rcd 23340 paragraph 50. 13 See Notice, Establishment of a Frequency Assignment Coordination Web Site, National Telecommunications and Information Administration, 68 FR 74218 (Dec. 23, 2003); the public may access the NTIA Web site using the following: https://FreqCoord.ntia.doc.gov. The sensitive nature of some Federal Government operations precludes the use of a public database containing both Federal Government and nonFederal Government links. See Report and Order at paragraph 48. E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices A proposed link entered into NTIA’s automated system will result in either a ‘‘green light’’ or a ‘‘yellow light’’ response based on the proposed parameters. If the proposed link receives a green light, that link will be protected for a period of sixty (60) days in NTIA’s system; if registration has not been completed through the LRS by the end of that time, the link must be resubmitted through NTIA’s automated system for coordination with Federal Government operations.14 If the proposed link receives a yellow light, an FCC Form 601 and Schedule M will need to be filed with the Commission for further coordination with NTIA through the existing Interdepartment Radio Advisory Committee (IRAC) process. When IRAC clears a proposed link, the licensee will be notified by Commission letter that the IRAC coordination has been completed. The Database Managers will also be provided with the status through the ULS nightly batch files for purposes of completing registration of the link.15 D. Link Registrations That Also Require Commission Filings • A filing with the Commission will be required for links that • Receive a yellow light from NTIA’s automated system (see Section I.C. above); • Require environmental assessment; • Require coordination because of a radio quiet zone; or 14 A filing with the Commission is required even in the event of a green light from NTIA’s automated system when the proposed link requires an environmental assessment, is located in a radio quiet zone, or is in an area subject to international coordination. 47 CFR 101.1523(c). 15 If a licensee chooses to query NTIA’s automated system before submitting a link for registration (for example, in planning a particular system design), we strongly urge the licensee to submit the proposed link(s) for registration on the LRS as soon as possible thereafter in order to receive an interference protection date, thereby avoiding the following situation: Licensee A queries NTIA’s system on March 1 and receives a green light. Licensee A submits its proposed link for registration to a Database Manager on April 30; the LRS receives a green light from NTIA’s automated system and completes the registration that same day. Licensee B submits its link to a Database Manager on March 5, and a Form 601 for international coordination is filed that same day. The proposed link receives a green light from NTIA on March 5 and international coordination procedures are successfully completed by April 30; registration is completed by June 1. Licensee B’s link receives interference from Licensee A’s link. Licensee B is entitled to interference protection as against Licensee A’s link because Licensee B’s link was submitted to the LRS prior to Licensee A’s link (i.e., Licensee B’s March 5 submission date was preserved while it completed the registration process; Licensee A does not have first-in-time rights against Licensee B because its registration protection date was April 30’the date it submitted the link to the LRS.) VerDate jul<14>2003 18:12 Feb 07, 2005 Jkt 205001 • Are subject to international coordination requirements.16 For links that fall into any one of the aforementioned categories, the licensee must file FCC Form 601 Main Form and Schedule M; a separate filing is required for each link. The filings will not be placed on public notice as a matter of routine 17 unless they raise a matter of public significance, e.g., environmental concerns.18 For those links that are filed on FCC Form 601/Schedule M and shown as accepted or rejected in ULS, the Database Managers are required to record the result of the FCC process for the link in the LRS.19 Upon acceptance of the link filing in ULS, the link registration can be completed. E. Interference Protection Date and Interference Dispute Resolution Under the permanent link registration process, the interference protection date is the date that a link registration (new or modified) is submitted to a Database Manager.20 Links do not receive an interference protection date until submitted to the LRS. To ensure an orderly, reliable and streamlined link registration system that would facilitate the resolution of any interference between links, the Commission provided priority of protection based on the date and time of registration.21 The first-in-time interference protection rights are explained below: 22 1. The protection attaches only to a successfully completed registration. Furthermore, first-in-time protection rights can only be established and enforceable for a link that can or ultimately will be constructed.23 16 See Report and Order, 18 FCC Rcd 23341 paragraph 56. 17 The filings with the Commission will be electronically available for public inspection through ULS. 18 See, e.g., 47 CFR 1.933(a)(3) (categories of information of public significance include special environmental considerations as required by Part 1, FCC Rules). 19 Licensees will continue to file with the Commission any waiver requests or similar filings related to a link. The licensees must inform the Database Managers of any such filings or any other matters related to a proposed or existing link that would affect the status of the link in the LRS. 20 Licensees are required to notify a Database Manager any time they make changes to the proposed link parameters. 21 Report and Order, 18 FCC Rcd 23343 paragraph 58. 22 The licensee will receive notice of the request for information and detailed written instructions for submitting the needed information within a prescribed timeframe. 23 We stress that licensees shall not arbitrage high value paths by filing link registrations to preserve first in time protections against competitors for those paths, and then later making conforming modifications to meet particular coverage needs. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 6669 Examples: (a)(i) A proposed link cannot be successfully coordinated through IRAC after receiving a yellow light; (ii) international coordination cannot be successfully completed for the link; (iii) negotiation as to a radio quiet zone is not successful; or (iv) review for environmental assessment of the link is not favorable. (b) The licensee is asked to supplement a Form 601/Schedule M filing with additional information and fails to do so within the required timeframe. In any of those situations, the filing with the Commission will be dismissed and the interference protection date will be rendered ineffective as of the dismissal date. (c) A registered link is not timely constructed but the licensee fails to remove the link from the LRS. In (a)–(c), the licensee must resubmit the link for registration to receive an interference protection date. 2. Interference protection inures to a link by the latest technical parameters provided by the licensee through the LRS. If a licensee modifies its link during the link registration process or thereafter, the first-in-time protection date attaches to the date the modified link is submitted to a Database Manager (see additional information regarding modifications in Section I.H. below). Example: (a) IRAC (in the case of a yellow light) or the FCC (for environmental assessment, international coordination or radio quiet zone coordination filings) seeks additional information that results in the licensee needing to modify its link. The Form 601/Schedule M will need to be amended in accordance with the Commission’s rules. The link must have a new interference protection date, which will be the date the modified link information is submitted to the LRS. It will not be the date the Form 601/ Schedule M amendment is filed. 3. If the licensee (a) timely responds to a request for information from the FCC regarding a pending Form 601/ Schedule M link filing, and (b) does not make any changes to the data on FCC Form 601 or Schedule M, the current interference protection date will be preserved. Example: IRAC seeks more detailed information (e.g., a particular antenna pattern or additional terrain data) that is timely supplied by the licensee. The first-in-time interference protection date assigned to the link does not change. Should a licensee receive interference from another licensee, the licensees shall take the following steps to resolve the matter. A licensee should look to the LRS to identify the source of the interference and seek the assistance of The Commission will take appropriate enforcement steps against a licensee should such activity come to the Commission’s attention. E:\FR\FM\08FEN1.SGM 08FEN1 6670 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices the Database Managers in resolution of the interference. The Database Managers will use the interference protection dates of the affected parties in helping to resolve the interference.24 The licensee causing the interference shall respond immediately and make every reasonable effort to identify and resolve the interference immediately pursuant to the interference resolution procedures outlined in § 101.105 of the Commission’s rules.25 Links shall be protected in accordance with the interference criteria specified in § 101.147(z)(2), unless the parties otherwise mutually agree to other criteria.26 While the parties may engineer around the interference as they mutually deem appropriate, the licensee with the first-in-time protection date is entitled to interference protection.27 The parties shall establish a time period for resolution of the interference. If, however, the licensee receiving the interference and entitled to protection is not satisfied that the problem has been adequately resolved, and after 30 days have passed following completion of the parties’ efforts, the licensee may seek Commission assistance to rectify the problem.28 However, we strongly encourage parties to make every attempt to resolve the harmful interference before seeking assistance from the Commission.29 Interference Protection Date—Guide Under the permanent process, the interference protection date is the date that a link registration is submitted to a Database Manager—even for link registrations that also require FCC filings. Thus, under the permanent process, the interference protection date is not set or changed by the following events: • Required FCC filings. • FCC acceptance on ULS. • NTIA green light. • IRAC coordination (after NTIA ‘‘yellow light’’). The Interference Protection Date will change if at any time technical data is modified or amended F. Fees for Link Registration Individual link registrations will not be subject to FCC application or 24 See Database Manager Order at paragraph 10. CFR 101.105. 26 See 47 CFR 101.147(z)(2). 27 The licensee who has the earlier filed link may refuse to protect later filed links against interference. Nevertheless, we ask that all licensees consider interference resolutions notwithstanding their first-in-time interference protection rights. 28 Report and Order, 18 FCC Rcd 23343 paragraph 58. 29 See 47 CFR 101.105(e)(2). 25 47 VerDate jul<14>2003 18:12 Feb 07, 2005 Jkt 205001 regulatory fees, including those subject to FCC Form 601 filing requirements discussed above.30 In the Report and Order, the Commission provided that Database Managers may charge fees in order to recoup costs associated with LRS services.31 G. Link Construction Requirements Licensees must begin operation of a link within twelve months from the date that the link is registered on the LRS.32 While licensees need not file a notification of construction completion, it is the responsibility of the licensee to notify a Database Manager to withdraw unconstructed links from the LRS, and Database Managers shall remove a link from the LRS if they learn that a link is unconstructed after the required timeframe.33 In addition, the interference protection date will be rendered invalid for any registered link that does not comply with the 12-month construction requirement.34 H. Modifications and Amendments to Link Registrations Changes to the technical data on an individual link registration will result in a new interference protection date.35 The LRS must correctly reflect the interference protection date as the date that the licensee submits the modification to a Database Manager. A licensee will be required to notify the Database Manager if it modifies the technical data on an individual link registration. The new link parameters must be coordinated with NTIA through its automated system. If the modified link receives a green light from NTIA’s automated system, the link registration can be completed. If the modified link parameters receive a yellow light, an FCC Form 601 Main Form and Schedule M must be filed with the FCC for the purpose of coordinating the modified link through IRAC. Where the original link required filing with the FCC for the purpose of 30 The Commission adjusts filing and regulatory fees periodically as required by several statutes, see 47 U.S.C. 158(b)(1), 159(b)(2), and proposed adjustments to the regulatory fees for microwave point-to-point and other licenses may be subject to periodic changes. See e.g,. Assessment and Collection of Regulatory Fees for Fiscal Year 2004, MD Docket No. 04–73, Report and Order, 19 FCC Rcd 11662 (2004). 31 See Report and Order at paragraph 51. 32 47 CFR 101.63(b); see also Report and Order at paragraph 80. 33 Report and Order at paragraph 80. Forfeiture and termination of a link will be handled in accordance with § 101.65 of the Commission’s rules. Id. 34 Id. at n.204. 35 See ‘‘Interference Protection Date and Interference Dispute Resolution,’’ Section I.D, supra. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 environmental assessment, radio quiet zone, or international coordination, an FCC Form 601 Main Form and Schedule M must be filed with the Commission to obtain approval for the modified link parameters. The applicant must file FCC Form 601 Main Form with a purpose of ‘‘Register Link/Location’’ (RL). To amend or supplement the information contained in a pending Form 601/Schedule M link filing, licensees will be required to file another FCC Form 601 Main Form and Schedule M. The FCC Form 601 should indicate a purpose of Amendment (AM) and identify the file number of the link filing being changed. When filing electronically, the previously entered data from Schedule M will be displayed and the licensee will be allowed to change the data. Licensees are reminded that a change to the technical data provided or included as part of the Schedule M will require a change in the link in the LRS and will result in a new interference protection date. I. Transfer and Assignment of Registered Links In setting 71–95 GHz licensee obligations, the Commission noted that ‘‘[t]he overarching purpose of our requirements in this setting, concerning link construction, modification and discontinuance, is to ensure that spectrum is put to use and to maintain the integrity of the information in the relevant databases by correctly reflecting the actual record’’36 Furthermore, the Commission found that, due to the similarity of these bands with other Part 101 microwave bands, the nationwide licenses in the 70–90 GHz bands should be regulated under Part 101 of the Commission’s rules.37 Accordingly, licensees will be allowed to transfer and assign their nonexclusive nationwide licenses pursuant to Part 101 of the Commission’s rules, but individual links may be swapped or assigned among 71–95 GHz licensees without the need for Commission approval.38 Thus, all links registered under a nationwide call sign will continue to be associated with that call sign upon grant of the assignment or transfer. If the nationwide license is not included in the transaction, individual links under a valid call sign that have been successfully registered may be moved from one licensed entity to another through notification to a Database Manager. In either case, the 36 Report and Order at paragraph 80. at paragraphs 88–89. 38 See Interim Procedures Public Notice, ‘‘Transfer and Assignment of Non-exclusive Nationwide Licenses’’ at p. 5. 37 Id. E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Notices Database Managers must update the LRS to reflect the correct licensee name for call signs and associated links.39 Federal Communications Commission. John J. Schauble, Deputy Chief, Broadband Division. Attachment Licensees may contact any of the Database Managers for more information about registering a link on the Link Registration System (LRS). Please contact one of the following Database Managers (listed in alphabetical order): • Comsearch—Denise Finney, Comsearch, 19700 Janelia Farm Boulevard, Ashburn, VA 20147, (703) 726–5500, facsimile-(703) 726– 5599, https://www.comsearch.com, https:// www.gigabitlink.com; or • Frequency Finder—Peter Moncure, Frequency Finder, Inc., 160 Sosebee Lane, Demorest, GA 30535, (706) 778–6811, facsimile-(706) 778–6812, https:// www.mmRadioForms.com; or • Micronet Communications—Steve Knauber, Micronet Communications, Inc., 720 F Avenue, Suite 100, Plano, TX 75074, (972) 422–7200, facsimile-(972) 422–1900, micronet@micronetcommunications.com, https://www.micronetcommunications.com. [FR Doc. 05–2546 Filed 2–7–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [Report No. AUC–04–59–B; (Auction No. 59); DA 04–3985] I. General Information Multiple Address Systems Spectrum Auction; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: This document announces the procedures and minimum opening bids for the upcoming auction of 4,226 Multiple Address Systems (MAS) licenses in the Fixed Microwave Services from the 928/959 and 932/941 MHz bands. This document is intended to familiarize prospective bidders with the procedures and minimum opening bids for this auction. DATES: Auction No. 59 is scheduled to begin on April 26, 2005. FOR FURTHER INFORMATION CONTACT: Auctions and Spectrum Access Division (WTB): For legal questions: Howard Davenport at (202) 418–0660. For general auction questions: Roy Knowles 39 See, e.g., Report and Order, 18 FCC Rcd 23340 paragraph 49 (third-party entity serves as a clearinghouse and repository of site path information). VerDate jul<14>2003 18:12 Feb 07, 2005 Jkt 205001 or Barbara Sibert at (717) 338–2888. For service rules questions: Public Safety and Critical Infrastructure Division, WTB: Zenji Nakazawa or Stanley Wiggins at (202) 418–0680. For technical questions: Joan Donmoyer at (717) 338–2646. Media Contact: Lauren Patrich at (202) 418–7944. SUPPLEMENTARY INFORMATION: This is a summary of the Auction No. 59 Procedures Public Notice released on December 21, 2004. The complete text of the Auction No. 59 Procedures Public Notice, including attachments, as well as related Commission documents, are available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The Auction No. 59 Procedures Public Notice and related Commission documents may also 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, telephone 202–488–5300, facsimile 202–488–5563, or you may contact BCPI at its Web site: https:// www.BCPIWEB.com. The Auction No. 59 Procedures Public Notice and related documents are also available on the Internet at the Commission’s Web site: https://wireless.fcc.gov/auctions/59/. A. Introduction 1. The Auction No. 59 Public Notice announces the procedures and minimum opening bids for the upcoming auction of Multiple Address Systems (MAS) licenses in the Fixed Microwave Services from the 928/959 and 932/941 MHz bands, scheduled for April 26, 2005 (Auction No. 59). On November 15, 2004, in accordance with section 309(j)(4) of the Communications Act of 1934, as amended, the Bureau released a public notice seeking comment on reserve prices or minimum opening bids and the procedures to be used in Auction No. 59. The Bureau received one comment in response to the Auction No. 59 Comment Public Notice, 69 FR 68364, November 24, 2004. i. Background of Proceeding 2. On January 19, 2000, the Commission released the MAS Report and Order, 65 FR 17445, April 3, 2000, which adopted rules to maximize the use of spectrum in the MAS service. Specifically, the Commission: (a) Designated the 928/952/956 MHz bands exclusively for private internal services, licensed on a first-come, first-served, PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 6671 site-by-site basis; (b) designated the 928/ 959 MHz bands and twenty of the forty paired channels in the 932/941 MHz bands to be licensed on a geographic area basis; (c) reserved twenty of the forty channel pairs in the 932/941 MHz bands for public safety/Federal Government and private internal services, licensed on a first-come, firstserved, site-by-site basis; (d) designated five of the twenty channels in the 932/ 941 MHz bands’ set-aside exclusively for public safety/Federal Government services; (e) grandfathered existing operations on the MAS bands, while limiting expansion in the 928/959 MHz bands; (f) established service areas based on the Commission’s and the Department of Commerce’s definitions of Economic Areas (EAs); (g) established construction/coverage requirements for EA licensees; (h) introduced flexibility to the MAS technical rules; (i) adopted a flexible approach for defining the regulatory status of MAS licensees by allowing the licensee to indicate its regulatory status; (j) lifted the suspension on the acceptance of applications for the 928/952/956 MHz bands and the twenty channels in the 932/941 MHz bands designated for public safety/Federal Government and/ or private internal services upon the release of the MAS Report and Order; and (k) adopted the part 1 competitive bidding rules for the MAS spectrum. On March 3, 2000, the Commission amended the text of the MAS Report and Order in an Erratum to the MAS Report and Order. 3. Subsequently, on May 29, 2001, the Commission released the MAS Memorandum Opinion and Order, 66 FR 35107, July 3, 2001, which addressed four petitions for reconsideration and/or clarification of the MAS Report and Order. The Commission granted two of the petitions, granted the third petition in part, and dismissed the fourth petition as moot. Additionally, the Commission, on its own motion, adopted minor changes to certain technical requirements in part 101 of the Commission’s rules and modified the application freeze in certain MAS bands. A second Erratum to the MAS Memorandum Opinion and Order was released by the Commission on June 21, 2001. 4. On November 15, 2004, the Bureau released the Auction No. 59 Comment Public Notice announcing that Auction No. 59 will commence on April 26, 2005, setting forth a complete list of licenses for Auction No. 59, and seeking comment on reserve prices or minimum opening bids and other auction procedures. E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Notices]
[Pages 6667-6671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2546]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-311]


Permanent Process For Registering Links In The 71-76 GHz, 81-86 
GHz, And 92-95 GHz Bands

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Wireless Telecommunications Bureau (``WTB'' or ``Bureau'') 
announces additional details of the link registration process for the 
71-76, 81-86, 92-94.0 and 94.1-95 GHz bands. This public notice also 
establishes February 8, 2005, as the date on which the Commission's 
Universal Licensing System (ULS) will no longer process link 
registrations and the third party database system will become the sole 
source for registering links.

DATES: Effective February 8, 2005.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Cheryl Black or Stephen Buenzow, 
Broadband Division, WTB, 717-338-2687 or questions regarding the 
application filing and link registration procedure outlined in this 
public notice may be directed to the ULS Hotline at 1-888-CallFCC 
Option 2.

SUPPLEMENTARY INFORMATION: The full text of this Public Notice is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, Room CY-A-257, 445 12th Street, SW., 
Washington, DC 20554. The complete text may also 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. 
The complete item is also available on the Commission's Web site at 
https://www.fcc.gov/wtb.

Background

    On October 16, 2003, the Commission adopted a Report and Order \1\ 
establishing service rules to promote non-Federal Government 
development and use of the ``millimeter wave'' spectrum in the 71-76 
GHz, 81-86 GHz and 92-95 GHz bands \2\ on a shared basis with Federal 
Government operations.\3\ The Commission adopted a flexible and 
innovative regulatory framework for the 71-95 GHz bands that would not 
require traditional frequency coordination among non-Federal Government 
users. Under this approach, the Commission issues an unlimited number 
of non-exclusive nationwide licenses to non-Federal Government entities 
for the 12.9 gigahertz of spectrum allocated for commercial use.\4\ 
These licenses serve as a prerequisite for registering individual 
point-to-point links, which in turn is required prior to operating a 
link. Furthermore, the 71-95 GHz bands are allocated on a shared basis 
with Federal Government users. Therefore, a licensee may not operate on 
a link until the link has been coordinated with the National 
Telecommunications and Information

[[Page 6668]]

Administration (NTIA) with respect to Federal Government operations. 
NTIA has separately developed an automated coordination mechanism 
discussed in detail in Section I.C. below.
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    \1\ In the Report and Order released November 4, 2003, the 
Commission adopted rules for both unlicensed (Part 15) and licensed 
(Part 101) use of portions of these bands. Allocations and Service 
Rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz Bands, WT Docket 
No. 02-146, Report and Order, 69 FR 3257, January 23, 2004, 18 FCC 
Rcd 23318 (2003) (Report and Order) (recon. pending). The instant 
Public Notice concerns licensed use of the bands, which involves all 
of the bands except for 100 megahertz of spectrum at 94.0-94.1 GHz. 
For convenience only, we refer to the licensed spectrum herein as 
``the bands,'' ``the Millimeter Wave 70/80/90 GHz Radio Service,'' 
or ``71-95 GHz''; such references do not include 94.0-94.1 GHz. See 
note, infra.
    \2\ On February 23, 2004, The Wireless Communications 
Association International, Inc. filed a petition for reconsideration 
of certain aspects of the Report and Order relating to the 71-76 and 
81-86 GHz bands.
    \3\ In the context of spectrum management, ``Federal 
Government'' refers to use by the Federal Government and ``non-
Federal Government'' refers to use by private entities and state and 
local governments. See Report and Order, 18 FCC Rcd at 23319 n.3. 
See also 47 CFR 101.147(z) (sites may not operate until NTIA 
approval is received); 101.511 (authorization will be granted upon 
proper application filing and link coordination in accordance with 
the Commission's rules); 101.1523 (sharing and coordination among 
non-Federal Government licensees and between non-Federal Government 
licensees and Federal Government services).
    \4\ The 71-76 GHz, 81-86 GHz and 92-95 GHz bands are allocated 
to both Federal Government and non-Federal Government users on a co-
primary basis, except the 94.0-94.1 GHz portion, which is allocated 
for exclusive Federal Government use. See generally, Report and 
Order, 18 FCC Rcd at 23322-31.
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    In the Report and Order, the Commission explained that link 
registration would be handled through an independent link registration 
system (LRS) to be developed and maintained by FCC-appointed database 
managers. The Commission indicated that the licensing and link 
registration implementation would be detailed in public notices.\5\ The 
Bureau subsequently announced June 21, 2004, as the start date for 
filing applications for non-exclusive nationwide licenses and July 19, 
2004, as the start date for licensees to register individual links 
under an interim link registration process (Interim Procedures) through 
ULS.\6\ Pursuant to the Report and Order, link registration through ULS 
would end at such time as a third-party, non-FCC database system was in 
place through which 70-90 GHz licensees would register links.\7\
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    \5\ Report and Order at paragraph 59. See also 47 CFR 
101.1523(b).
    \6\ Wireless Telecommunications Bureau Announces Licensing and 
Interim Link Registration Process, Including Start Date for Filing 
Applications for Non-Exclusive Nationwide Licenses in the 71-71 GHz, 
81-86 GHz, and 92-95 GHz Bands, Public Notice, DA 04-1493 (March 12, 
2004) (Interim Procedures Public Notice).
    \7\ Report and Order at paragraphs 59-60.
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    On September 29, 2004, the Bureau released an Order announcing the 
appointment of Comsearch, Frequency Finder, Inc.,\TM\ and Micronet 
Communications, Inc. as independent database managers (Database Manager 
or, collectively, Database Managers) responsible for the design and 
management of the third-party 71-95 GHz bands link registration system 
(LRS).\8\ The LRS is now complete. Accordingly, this Public Notice sets 
forth the provisions for the permanent link registration process 
through the LRS.
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    \8\ Allocations and Service Rules for the 71-76 GHz, 81-86 GHz 
and 92-95 GHz Bands, Order, DA04-3151 (WTB, Sept. 29, 2004) 
(Database Manager Order). Each Database Manager has executed a 
Memorandum of Understanding with the Commission memorializing their 
obligations and responsibilities as a 71-95 GHz link registration 
database manager.
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I. Individual Link Registration and Coordination

A. Introduction

    As noted above, links cannot be registered by a licensee until a 
geographic nationwide license is issued by the Commission to the 
licensee. Applications for non-exclusive nationwide licenses will 
continue to be filed with the Commission, and applicants are encouraged 
to electronically file using ULS \9\ for the licenses on FCC Form 
601.\10\ See Interim Procedures Public Notice for further details 
regarding the filing of applications for a non-exclusive nationwide 
license.
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    \9\ Pursuant to Section 1.913(d) of the Commissions Rules 
certain categories of applicants are permitted to file their license 
applications manually. However, the Bureau urges all applicants to 
file electronically using ULS because ``[l]icensees who continue to 
file applications manually risk dismissal of their applications for 
routine errors.'' See Wireless Telecommunications Bureau Revises and 
Begins Phased Implementation of its Unified Policy for Reviewing 
License Applications and Pleadings, Public Notice, 14 FCC Rcd 11182, 
11186 (WTB 1999). The Bureau has noted that ``[m]any of the filing 
errors routinely made by applicants involve missing signatures, 
missing or invalid answers to mandatory questions, missing or 
incorrect fees, and technical information inconsistent with the 
applicant's authorization,'' and that using ULS would nearly 
eliminate the filing of applications with these types of errors due 
to the real-time feedback online prior to the applicant submitting 
the application electronically. Id. at 11185.
    \10\ An FCC Registration Number (FRN) is required in order to 
file in ULS. If the applicant does not have an existing FRN, it must 
register and obtain an FRN prior to filing the license application. 
The FCC Registration Number (FRN) is the 10-digit number assigned to 
all entities (individual and corporate) that transact business with 
the FCC (including via ULS) and is not to be confused with the 
``link registrations'' discussed in Section I.B. of the instant 
Public Notice. Applicants can obtain an FCC Registration Number 
(FRN) using the Wireless Telecommunications Bureau Web site at 
https://wireless.fcc.gov/ and select ``CORES/Call Sign Registration'' 
from the right hand menu under the heading of Licensing. The printed 
copy of the non-exclusive nationwide license will not be updated to 
reflect link registrations and will not be re-issued when individual 
links are registered with that call sign.
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B. Link Registrations under the Permanent Process--LRS

Transition from Interim Process (using ULS) to Database Managers (using 
LRS).
    Starting on February 8, 2005 (Transition Date), licensees must 
register links on the LRS. As of the Transition Date, ULS will no 
longer accept applications for registration of individual links and 
will no longer assign an interference protection date to any link 
registration. The first-in-time interference protection date will be 
established by registration on the LRS.\11\ Any pending link 
registrations filed with the Commission prior to the Transition Date 
will be processed to completion by the Commission under the Interim 
Procedures. The link data will be transferred to the Database Managers 
upon completion of the registration process. Once all registered link 
data has been transferred to the Database Managers, the link 
registration data residing in ULS will be archived.
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    \11\ See discussion infra, Section I.E., ``Interference 
Protection Date and Interference Dispute Resolution.''
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    Because the three Database Managers have designed the LRS to work 
through their separate but redundant databases, each link's status will 
be available through any one of the three. The successful completion of 
the registration will be recorded by the originating Database Manager 
and will be shared with each of the other Database Managers. Licensees 
should consult the LRS for up-to-date information regarding their links 
and the public can access information online about all registered links 
through LRS (see attachment for contact information). Licensees may not 
begin operation of a link until the registration of that link has been 
completed through the LRS.
    Licensees will not be able to complete link registrations through 
the LRS until (a) the link is successfully coordinated through NTIA and 
(b) the necessary approvals and clearances have been obtained through 
the FCC (see Sections I.C. and I.D. below for further details). The 
Database Managers have indicated that they may offer FCC filing 
services as one of several optional services,\12\ and LRS will be 
querying NTIA's automated database at the time the licensee submits the 
link for registration. Nevertheless, we remind licensees that they 
remain responsible for obtaining all of the necessary governmental 
approvals in order to complete the link registration and operate on a 
link.
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    \12\ See Report and Order, 18 FCC Rcd 23340 paragraph 50.

    Licensees are strongly advised to submit a proposed link to a 
Database Manager as soon as possible and prior to making any 
required FCC filings (see Section I.D. below).

C. Coordination with Federal Government Operations (NTIA)

    Proposed links must be coordinated with NTIA. NTIA has developed an 
automated coordination mechanism that will allow non-Federal Government 
users and the Database Managers to determine whether a given non-
Federal Government link has any potential conflict with Federal 
Government users.\13\
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    \13\ See Notice, Establishment of a Frequency Assignment 
Coordination Web Site, National Telecommunications and Information 
Administration, 68 FR 74218 (Dec. 23, 2003); the public may access 
the NTIA Web site using the following: https://
FreqCoord.ntia.doc.gov. The sensitive nature of some Federal 
Government operations precludes the use of a public database 
containing both Federal Government and non-Federal Government links. 
See Report and Order at paragraph 48.

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[[Page 6669]]

    A proposed link entered into NTIA's automated system will result in 
either a ``green light'' or a ``yellow light'' response based on the 
proposed parameters. If the proposed link receives a green light, that 
link will be protected for a period of sixty (60) days in NTIA's 
system; if registration has not been completed through the LRS by the 
end of that time, the link must be resubmitted through NTIA's automated 
system for coordination with Federal Government operations.\14\ If the 
proposed link receives a yellow light, an FCC Form 601 and Schedule M 
will need to be filed with the Commission for further coordination with 
NTIA through the existing Interdepartment Radio Advisory Committee 
(IRAC) process.
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    \14\ A filing with the Commission is required even in the event 
of a green light from NTIA's automated system when the proposed link 
requires an environmental assessment, is located in a radio quiet 
zone, or is in an area subject to international coordination. 47 CFR 
101.1523(c).
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    When IRAC clears a proposed link, the licensee will be notified by 
Commission letter that the IRAC coordination has been completed. The 
Database Managers will also be provided with the status through the ULS 
nightly batch files for purposes of completing registration of the 
link.\15\
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    \15\ If a licensee chooses to query NTIA's automated system 
before submitting a link for registration (for example, in planning 
a particular system design), we strongly urge the licensee to submit 
the proposed link(s) for registration on the LRS as soon as possible 
thereafter in order to receive an interference protection date, 
thereby avoiding the following situation: Licensee A queries NTIA's 
system on March 1 and receives a green light. Licensee A submits its 
proposed link for registration to a Database Manager on April 30; 
the LRS receives a green light from NTIA's automated system and 
completes the registration that same day. Licensee B submits its 
link to a Database Manager on March 5, and a Form 601 for 
international coordination is filed that same day. The proposed link 
receives a green light from NTIA on March 5 and international 
coordination procedures are successfully completed by April 30; 
registration is completed by June 1. Licensee B's link receives 
interference from Licensee A's link. Licensee B is entitled to 
interference protection as against Licensee A's link because 
Licensee B's link was submitted to the LRS prior to Licensee A's 
link (i.e., Licensee B's March 5 submission date was preserved while 
it completed the registration process; Licensee A does not have 
first-in-time rights against Licensee B because its registration 
protection date was April 30'the date it submitted the link to the 
LRS.)
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D. Link Registrations That Also Require Commission Filings

     A filing with the Commission will be required for links 
that
     Receive a yellow light from NTIA's automated system (see 
Section I.C. above);
     Require environmental assessment;
     Require coordination because of a radio quiet zone; or
     Are subject to international coordination 
requirements.\16\
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    \16\ See Report and Order, 18 FCC Rcd 23341 paragraph 56.
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    For links that fall into any one of the aforementioned categories, 
the licensee must file FCC Form 601 Main Form and Schedule M; a 
separate filing is required for each link. The filings will not be 
placed on public notice as a matter of routine \17\ unless they raise a 
matter of public significance, e.g., environmental concerns.\18\ For 
those links that are filed on FCC Form 601/Schedule M and shown as 
accepted or rejected in ULS, the Database Managers are required to 
record the result of the FCC process for the link in the LRS.\19\ Upon 
acceptance of the link filing in ULS, the link registration can be 
completed.
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    \17\ The filings with the Commission will be electronically 
available for public inspection through ULS.
    \18\ See, e.g., 47 CFR 1.933(a)(3) (categories of information of 
public significance include special environmental considerations as 
required by Part 1, FCC Rules).
    \19\ Licensees will continue to file with the Commission any 
waiver requests or similar filings related to a link. The licensees 
must inform the Database Managers of any such filings or any other 
matters related to a proposed or existing link that would affect the 
status of the link in the LRS.
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E. Interference Protection Date and Interference Dispute Resolution

    Under the permanent link registration process, the interference 
protection date is the date that a link registration (new or modified) 
is submitted to a Database Manager.\20\

    \20\ Licensees are required to notify a Database Manager any 
time they make changes to the proposed link parameters.
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    Links do not receive an interference protection date until 
submitted to the LRS.

    To ensure an orderly, reliable and streamlined link registration 
system that would facilitate the resolution of any interference between 
links, the Commission provided priority of protection based on the date 
and time of registration.\21\ The first-in-time interference protection 
rights are explained below: \22\
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    \21\ Report and Order, 18 FCC Rcd 23343 paragraph 58.
    \22\ The licensee will receive notice of the request for 
information and detailed written instructions for submitting the 
needed information within a prescribed timeframe.
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    1. The protection attaches only to a successfully completed 
registration. Furthermore, first-in-time protection rights can only be 
established and enforceable for a link that can or ultimately will be 
constructed.\23\

    \23\ We stress that licensees shall not arbitrage high value 
paths by filing link registrations to preserve first in time 
protections against competitors for those paths, and then later 
making conforming modifications to meet particular coverage needs. 
The Commission will take appropriate enforcement steps against a 
licensee should such activity come to the Commission's attention.
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    Examples: (a)(i) A proposed link cannot be successfully 
coordinated through IRAC after receiving a yellow light; (ii) 
international coordination cannot be successfully completed for the 
link; (iii) negotiation as to a radio quiet zone is not successful; 
or (iv) review for environmental assessment of the link is not 
favorable.
    (b) The licensee is asked to supplement a Form 601/Schedule M 
filing with additional information and fails to do so within the 
required timeframe.
    In any of those situations, the filing with the Commission will 
be dismissed and the interference protection date will be rendered 
ineffective as of the dismissal date.
    (c) A registered link is not timely constructed but the licensee 
fails to remove the link from the LRS.

    In (a)-(c), the licensee must resubmit the link for registration to 
receive an interference protection date.
    2. Interference protection inures to a link by the latest technical 
parameters provided by the licensee through the LRS. If a licensee 
modifies its link during the link registration process or thereafter, 
the first-in-time protection date attaches to the date the modified 
link is submitted to a Database Manager (see additional information 
regarding modifications in Section I.H. below).

    Example: (a) IRAC (in the case of a yellow light) or the FCC 
(for environmental assessment, international coordination or radio 
quiet zone coordination filings) seeks additional information that 
results in the licensee needing to modify its link.

    The Form 601/Schedule M will need to be amended in accordance with 
the Commission's rules. The link must have a new interference 
protection date, which will be the date the modified link information 
is submitted to the LRS. It will not be the date the Form 601/Schedule 
M amendment is filed.
    3. If the licensee (a) timely responds to a request for information 
from the FCC regarding a pending Form 601/Schedule M link filing, and 
(b) does not make any changes to the data on FCC Form 601 or Schedule 
M, the current interference protection date will be preserved.

    Example: IRAC seeks more detailed information (e.g., a 
particular antenna pattern or additional terrain data) that is 
timely supplied by the licensee. The first-in-time interference 
protection date assigned to the link does not change.

    Should a licensee receive interference from another licensee, the 
licensees shall take the following steps to resolve the matter. A 
licensee should look to the LRS to identify the source of the 
interference and seek the assistance of

[[Page 6670]]

the Database Managers in resolution of the interference. The Database 
Managers will use the interference protection dates of the affected 
parties in helping to resolve the interference.\24\ The licensee 
causing the interference shall respond immediately and make every 
reasonable effort to identify and resolve the interference immediately 
pursuant to the interference resolution procedures outlined in Sec.  
101.105 of the Commission's rules.\25\ Links shall be protected in 
accordance with the interference criteria specified in Sec.  
101.147(z)(2), unless the parties otherwise mutually agree to other 
criteria.\26\ While the parties may engineer around the interference as 
they mutually deem appropriate, the licensee with the first-in-time 
protection date is entitled to interference protection.\27\
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    \24\ See Database Manager Order at paragraph 10.
    \25\ 47 CFR 101.105.
    \26\ See 47 CFR 101.147(z)(2).
    \27\ The licensee who has the earlier filed link may refuse to 
protect later filed links against interference. Nevertheless, we ask 
that all licensees consider interference resolutions notwithstanding 
their first-in-time interference protection rights.
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    The parties shall establish a time period for resolution of the 
interference. If, however, the licensee receiving the interference and 
entitled to protection is not satisfied that the problem has been 
adequately resolved, and after 30 days have passed following completion 
of the parties' efforts, the licensee may seek Commission assistance to 
rectify the problem.\28\ However, we strongly encourage parties to make 
every attempt to resolve the harmful interference before seeking 
assistance from the Commission.\29\
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    \28\ Report and Order, 18 FCC Rcd 23343 paragraph 58.
    \29\ See 47 CFR 101.105(e)(2).
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Interference Protection Date--Guide
    Under the permanent process, the interference protection date is 
the date that a link registration is submitted to a Database Manager--
even for link registrations that also require FCC filings. Thus, under 
the permanent process, the interference protection date is not set or 
changed by the following events:
     Required FCC filings.
     FCC acceptance on ULS.
     NTIA green light.
     IRAC coordination (after NTIA ``yellow light'').
    The Interference Protection Date will change if at any time 
technical data is modified or amended

F. Fees for Link Registration

    Individual link registrations will not be subject to FCC 
application or regulatory fees, including those subject to FCC Form 601 
filing requirements discussed above.\30\ In the Report and Order, the 
Commission provided that Database Managers may charge fees in order to 
recoup costs associated with LRS services.\31\
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    \30\ The Commission adjusts filing and regulatory fees 
periodically as required by several statutes, see 47 U.S.C. 
158(b)(1), 159(b)(2), and proposed adjustments to the regulatory 
fees for microwave point-to-point and other licenses may be subject 
to periodic changes. See e.g,. Assessment and Collection of 
Regulatory Fees for Fiscal Year 2004, MD Docket No. 04-73, Report 
and Order, 19 FCC Rcd 11662 (2004).
    \31\ See Report and Order at paragraph 51.
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G. Link Construction Requirements

    Licensees must begin operation of a link within twelve months from 
the date that the link is registered on the LRS.\32\ While licensees 
need not file a notification of construction completion, it is the 
responsibility of the licensee to notify a Database Manager to withdraw 
unconstructed links from the LRS, and Database Managers shall remove a 
link from the LRS if they learn that a link is unconstructed after the 
required timeframe.\33\ In addition, the interference protection date 
will be rendered invalid for any registered link that does not comply 
with the 12-month construction requirement.\34\
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    \32\ 47 CFR 101.63(b); see also Report and Order at paragraph 
80.
    \33\ Report and Order at paragraph 80. Forfeiture and 
termination of a link will be handled in accordance with Sec.  
101.65 of the Commission's rules. Id.
    \34\ Id. at n.204.
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H. Modifications and Amendments to Link Registrations

    Changes to the technical data on an individual link registration 
will result in a new interference protection date.\35\ The LRS must 
correctly reflect the interference protection date as the date that the 
licensee submits the modification to a Database Manager.
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    \35\ See ``Interference Protection Date and Interference Dispute 
Resolution,'' Section I.D, supra.
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    A licensee will be required to notify the Database Manager if it 
modifies the technical data on an individual link registration. The new 
link parameters must be coordinated with NTIA through its automated 
system. If the modified link receives a green light from NTIA's 
automated system, the link registration can be completed. If the 
modified link parameters receive a yellow light, an FCC Form 601 Main 
Form and Schedule M must be filed with the FCC for the purpose of 
coordinating the modified link through IRAC.
    Where the original link required filing with the FCC for the 
purpose of environmental assessment, radio quiet zone, or international 
coordination, an FCC Form 601 Main Form and Schedule M must be filed 
with the Commission to obtain approval for the modified link 
parameters. The applicant must file FCC Form 601 Main Form with a 
purpose of ``Register Link/Location'' (RL).
    To amend or supplement the information contained in a pending Form 
601/Schedule M link filing, licensees will be required to file another 
FCC Form 601 Main Form and Schedule M. The FCC Form 601 should indicate 
a purpose of Amendment (AM) and identify the file number of the link 
filing being changed. When filing electronically, the previously 
entered data from Schedule M will be displayed and the licensee will be 
allowed to change the data. Licensees are reminded that a change to the 
technical data provided or included as part of the Schedule M will 
require a change in the link in the LRS and will result in a new 
interference protection date.

I. Transfer and Assignment of Registered Links

    In setting 71-95 GHz licensee obligations, the Commission noted 
that ``[t]he overarching purpose of our requirements in this setting, 
concerning link construction, modification and discontinuance, is to 
ensure that spectrum is put to use and to maintain the integrity of the 
information in the relevant databases by correctly reflecting the 
actual record''\36\ Furthermore, the Commission found that, due to the 
similarity of these bands with other Part 101 microwave bands, the 
nationwide licenses in the 70-90 GHz bands should be regulated under 
Part 101 of the Commission's rules.\37\ Accordingly, licensees will be 
allowed to transfer and assign their non-exclusive nationwide licenses 
pursuant to Part 101 of the Commission's rules, but individual links 
may be swapped or assigned among 71-95 GHz licensees without the need 
for Commission approval.\38\ Thus, all links registered under a 
nationwide call sign will continue to be associated with that call sign 
upon grant of the assignment or transfer. If the nationwide license is 
not included in the transaction, individual links under a valid call 
sign that have been successfully registered may be moved from one 
licensed entity to another through notification to a Database Manager. 
In either case, the

[[Page 6671]]

Database Managers must update the LRS to reflect the correct licensee 
name for call signs and associated links.\39\
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    \36\ Report and Order at paragraph 80.
    \37\ Id. at paragraphs 88-89.
    \38\ See Interim Procedures Public Notice, ``Transfer and 
Assignment of Non-exclusive Nationwide Licenses'' at p. 5.
    \39\ See, e.g., Report and Order, 18 FCC Rcd 23340 paragraph 49 
(third-party entity serves as a clearinghouse and repository of site 
path information).

Federal Communications Commission.
John J. Schauble,
Deputy Chief, Broadband Division.

Attachment

    Licensees may contact any of the Database Managers for more 
information about registering a link on the Link Registration System 
(LRS). Please contact one of the following Database Managers (listed 
in alphabetical order):
     Comsearch--Denise Finney, Comsearch, 19700 Janelia Farm 
Boulevard, Ashburn, VA 20147, (703) 726-5500, facsimile-(703) 726-
5599, https://www.comsearch.com, https://www.gigabitlink.com; or
     Frequency Finder--Peter Moncure, Frequency Finder, 
Inc., 160 Sosebee Lane, Demorest, GA 30535, (706) 778-6811, 
facsimile-(706) 778-6812, https://www.mmRadioForms.com; or
     Micronet Communications--Steve Knauber, Micronet 
Communications, Inc., 720 F Avenue, Suite 100, Plano, TX 75074, 
(972) 422-7200, facsimile-(972) 422-1900, micronet@micronet
communications.com, https://www.micronet communications.com.
[FR Doc. 05-2546 Filed 2-7-05; 8:45 am]
BILLING CODE 6712-01-P
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