Advanced Wireless Services, 61742-61747 [05-21406]
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61742
Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
This technical correction action does
not involve technical standards; thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
EPA’s compliance with these statutes
and Executive Orders for the underlying
rules is discussed in the August 1, 2005
rule approving the revised Salt Lake
City Carbon Monoxide Maintenance
Plan and related revisions submitted by
the Governor of Utah on October 19,
2004.
The Congressional Review Act (CRA),
5 U.S.C. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. Section 808 allows the
issuing agency to make a rule effective
sooner than otherwise provided by the
CRA if the agency makes a good cause
finding that notice and public procedure
is impracticable, unnecessary or
contrary to the public interest. This
determination must be supported by a
brief statement, 5 U.S.C. 808(2). As
stated previously, EPA has made such a
good cause finding, including the
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reasons therefore, and established an
effective date of November 25, 2005.
EPA will submit a report containing this
rule and other required information to
the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This correction to the
identification of plan for Utah is not a
‘‘major rule’’ as defined by 5 U.S.C.
section 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: October 14, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.
40 CFR part 52 is amended to read as
follows:
I
PART 52—[CORRECTED]
1. The authority citation for Part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—UTAH
§ 52.2320
[Amended]
2. Section 52.2320 is amended in
paragraphs (c)(60) introductory text,
(c)(60)(i)(A), and (c)(60)(i)(B) by revising
‘‘UACR’’ to read ‘‘UAC’’ wherever it
appears.
I
[FR Doc. 05–21266 Filed 10–25–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2
[ET Docket No. 00–258; FCC 05–172]
Advanced Wireless Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: This document reallocates the
2155–2160 MHz band for Fixed and
Mobile services and designates the
2155–2175 MHz band for Advanced
Wireless Service (AWS) use. We
continue our ongoing efforts to promote
spectrum utilization and efficiency with
regard to the provision of new services,
including Advanced Wireless Services
(AWS).
DATES:
PO 00000
Effective November 25, 2005.
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FOR FURTHER INFORMATION CONTACT:
Priya Shrinivasan, Office of Engineering
& Technology, (202) 418–7005.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Eighth
Report and Order, ET Docket No. 00–
258, FCC 05–172, adopted September
23, 2005, and released September 29,
2005. The full text of this document is
available on the Commission’s Internet
site at https://www.fcc.gov. It is also
available for inspection and copying
during regular business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street, SW., Washington, DC
20554. The full text of this document
also may be purchased from the
Commission’s duplication contractor,
Best Copy and Printing Inc., Portals II,
445 12th St., SW., Room CY–B402,
Washington, DC 20554; telephone (202)
488–5300; fax (202) 488–5563; e-mail
FCC@BCPIWEB.COM.
Summary of the Report and Order
1. In the Eighth Report and Order
(‘‘Eighth R&O’’) in ET Docket No. 00–
258, the Commission continues its
ongoing efforts to promote spectrum
utilization and efficiency with regard to
the provision of new services, including
Advanced Wireless Services (AWS).
Advanced wireless systems could
provide, for example, a wide range of
voice, data and broadband services over
a variety of mobile and fixed networks.
Specifically, the Commission reallocates
the 2155–2160 MHz band for Fixed and
Mobile services and designates the
2155–2175 MHz band for AWS use.
2. Based on the Commission’s
determination that additional spectrum
is needed for AWS use, and because the
characteristics of the 2155–2175 MHz
band make it well suited for such use,
concludes that designating this band for
AWS will promote efficient use of the
spectrum and allow for the rapid
introduction of high-value services in
the band. Because the 2155–2175 MHz
band is adjacent to the 2110–2155 MHz
and 2175–2180 MHz bands that have
already been designated for AWS, an
AWS designation for this band will
create 70 MHz of contiguous spectrum
that will promote the rapid introduction
of new technologies and service
offerings, and will foster the use of the
highest potential spectrum.
Furthermore, designation of the 2155–
2175 MHz band for AWS use is
consistent with the Commission’s
previous decisions to designate
spectrum for AWS on a primary basis to
support the types of high powered
mobile applications associated with
AWS and Broadband PCS expansion. In
addition, as proposed, the Commission
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allocates the 2155–2160 MHz band to
Fixed and Mobile services in order to
allow the provision of AWS in this
band. Although commenters did not
explicitly address the Commission’s
proposal to add a Mobile allocation to
the 2155–2160 MHz band, such support
is implicit in their support for
redesignating the 2155–2175 MHz band
for AWS use because a Mobile
allocation is essential for the provision
of AWS.
3. The Commission notes that it does
not decide here how to assign this new
AWS spectrum at 2155–2175 MHz but
will consider this issue in a separate
service rules proceeding at a later date.
It also notes that a current bilateral
agreement in the 2155–2160/62 kHz
band between the United States and
Canada provides for coordinated use of
Broadband Radio Service (BRS) and
Educational Broadband Service (EBS)
along the common border. The sharing
of the 2160/62–2175 MHz band between
the United States and Canada is covered
by Arrangement A of the Agreement
Concerning the Coordination and Use of
Radio Frequencies Above Thirty
Megacycles per Second, with Annex, as
amended. There are no agreements with
Mexico in the 2155–2175 MHz band.
Accordingly, the Commission notes that
there may be a need to negotiate new or
modified agreements to provide for
more flexible use of the spectrum with
Canada and Mexico along the common
borders.
Final Regulatory Flexibility Analysis
4. As required by the Regulatory
Flexibility Act (RFA) 1 an Initial
Regulatory Flexibility Analysis was
incorporated in the Third Notice of
Proposed Rule Making (Third NPRM) in
ET Docket 00–258, 68 FR 12015, March
13, 2003.2 The Commission sought
written public comment on the
proposals in the Third NPRM, including
comment on the IRFA. This Final
Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.3
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C 601 et
seq., has been amended by the Contract With
America Advancement Act of 1996, Pub. L. 104–
121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).
2 Amendment of Part 2 of the Commission’s Rules
to Allocate Spectrum Below 3 GHz for Mobile and
Fixed Services to Support the Introduction of New
Advanced Wireless Services, including Third
Generation Wireless Systems, ET Docket No. 00–
258, IB Docket No. 99–81, Third Report and Order,
Third Notice of Proposed Rulemaking and Second
Memorandum Opinion and Order, 18 FCC Rcd 2223
(2003).
3 5 U.S.C. 604.
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A. Need for, and Objectives of, the
Eighth Report and Order
5. The Eighth Report and Order
(Eighth R&O) reallocates the 2155–2160
MHz band for Fixed and Mobile services
and designates the 2155–2175 MHz
band for the provision of advanced
wireless services (AWS). The Eighth
R&O is the latest in a series of decisions
in ET Docket 00–258 allocating
spectrum that can be used for the
provision of new and innovative
wireless communications services that
we have collectively referred to as
‘‘AWS.’’ The provision of this spectrum
serves the public interest by promoting
the rapid deployment of efficient radio
communications facilities and supports
the goals of Section 7 of the
Communications Act,4 which sets forth
a policy of encouraging the provision of
new technologies and services to the
public.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
Supplemental IRFA
6. There were no comments filed that
specifically addressed the rules and
policies proposed in the IRFA.
C. Description and Estimate of the
Number of Small Entities To Which
Rules Will Apply
7. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
entities that will be affected by the
rules.5 The RFA defines ‘‘small entity’’
as having the same meaning as the term
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’ 6
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act, unless the
Commission has developed one or more
definitions that are appropriate to its
activities.7 Under the Small Business
Act, a ‘‘small business concern’’ is one
that: (1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) meets any
additional criteria established by the
Small Business Administration (SBA).8
4 47
U.S.C. 157.
U.S.C. 603(b)(3), 604(a)(3).
6 5 U.S.C. 601(6).
7 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory
definition of a small business applies ‘‘unless an
agency after consultation with the Office of
Advocacy of the Small Business Administration
and after opportunity for public comment,
established one or more definitions of such term
which are appropriate to the activities of the agency
and publishes such definition in the Federal
Register.’’
8 15 U.S.C. 632.
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8. Multipoint Distribution Service,
Multichannel Multipoint Distribution
Service. Multichannel Multipoint
Distribution Service (MMDS) systems,
often referred to as ‘‘wireless cable,’’
transmit video programming to
subscribers using the microwave
frequencies of Multipoint Distribution
Service (MDS) and Instructional
Television Fixed Service (ITFS).9 In
connection with the 1996 MDS auction,
the Commission defined ‘‘small
business’’ as an entity that, together
with its affiliates, has average gross
annual revenues that are not more than
$40 million for the preceding three
calendar years. The SBA has approved
of this standard.10 The MDS auction
resulted in 67 successful bidders
obtaining licensing opportunities for
493 Basic Trading Areas (BTAs).11 Of
the 67 auction winners, 61 claimed
status as a small business. At this time,
we estimate that of the 61 small
business MDS auction winners, 48
remain small business licensees. In
addition to the 48 small businesses that
hold BTA authorizations, there are
approximately 392 incumbent MDS
licensees that have gross revenues that
are not more than $40 million and are
thus considered small entities.12
9. In addition, the SBA has developed
a small business size standard for Cable
and Other Program Distribution,13
9 Amendment of Parts 21 and 74 of the
Commission’s Rules with Regard to Filing
Procedures in the Multipoint Distribution Service
and in the Instructional Television Fixed Service
and Implementation of Section 309(j) of the
Communications Act—Competitive Bidding, Report
and Order, 10 FCC Rcd 9589, 9593, paragraph 7
(1995) (‘‘MDS Auction R&O’’). The MDS and ITFS
was renamed the Broadband Radio Service (BRS)
and Educational Broadband Service (EBS),
respectively. See Amendment of Parts 1, 21, 73, 74
and 101 of the Commission’s Rules to Facilitate the
Provision of Fixed and Mobile Broadband Access,
Educational and Other Advanced Services in the
2150–2162 MHz Band, WT Docket No. 03–66,
Report and Order and Further Notice of Proposed
Rulemaking, 19 FCC Rcd 14165 (2004).
10 See Letter to Margaret Wiener, Chief, Auctions
and Industry Analysis Division, Wireless
Telecommunications Bureau, FCC, from Gary
Jackson, Assistant Administrator for Size Standards,
Small Business Administration (dated Mar. 20,
2003) (noting approval of $40 million size standard
for MDS auction).
11 Basic Trading Areas (BTAs) were designed by
Rand McNally and are the geographic areas by
which MDS was auctioned and authorized. See
MDS Auction R&O, 10 FCC Rcd at 9608, paragraph
34.
12 47 U.S.C. 309(j). Hundreds of stations were
licensed to incumbent MDS licensees prior to
implementation of section 309(j) of the
Communications Act of 1934, 47 U.S.C. 309(j). For
these pre-auction licenses, the applicable standard
is SBA’s small business size standard for ‘‘other
telecommunications’’ (annual receipts of $12.5
million or less). See 13 CFR 121.201, NAICS code
517910.
13 13 CFR 121.201, NAICS code 517510.
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which includes all such companies
generating $12.5 million or less in
annual receipts.14 According to Census
Bureau data for 1997, there were a total
of 1,311 firms in this category that had
operated for the entire year.15 Of this
total, 1,180 firms had annual receipts of
under $10 million, and an additional 52
firms had receipts of $10 million or
more but less than $25 million.16
Consequently, we estimate that the
majority of providers in this service
category are small businesses that may
be affected by the proposed rules and
policies. Because the Commission’s
action only affects MDS operations in
the 2155–2160/62 MHz band, the actual
number of MDS providers who will be
affected by the proposed reallocation
will only represent a small fraction of
these small businesses.
10. Fixed Microwave Services.
Microwave services include common
carrier,17 private-operational fixed,18
and broadcast auxiliary radio services.19
At present, there are approximately
36,708 common carrier fixed licensees
and 59,291 private operational-fixed
licensees and broadcast auxiliary radio
licensees in the microwave services.
The Commission has not yet defined a
small business with respect to
microwave services. For purposes of the
FRFA, we will use the SBA’s definition
applicable to Cellular and other
Wireless Telecommunications
companies—i.e., an entity with no more
than 1,500 persons.20 According to
Census Bureau data for 1997, there were
977 firms in this category, total, that
operated for the entire year.21 Of this
14 Id.
15 U.S. Census Bureau, 1997 Economic Census,
Subject Series: Information, ‘‘Establishment and
Firm Size (Including Legal Form of Organization),’’
Table 4 (issued October 2000).
16 Id.
17 47 CFR part 101 et seq. (formerly, part 21 of
the Commission’s rules) for common carrier fixed
microwave services (except MDS).
18 Persons eligible under parts 80 and 90 of the
Commission’s rules can use Private-Operational
Fixed Microwave services. See 47 CFR Parts 80 and
90. Stations in this service are called operationalfixed to distinguish them from common carrier and
public fixed stations. Only the licensee may use the
operational-fixed station, and only for
communications related to the licensee’s
commercial, industrial, or safety operations.
19 Auxiliary Microwave Service is governed by
Part 74 of Title 47 of the Commission’s rules. See
47 CFR, part 74 et seq. Available to licensees of
broadcast stations and to broadcast and cable
network entities, broadcast auxiliary microwave
stations are used for relaying broadcast television
signals from the studio to the transmitter, or
between two points such as a main studio and an
auxiliary studio. The service also includes mobile
TV pickups, which relay signals from a remote
location back to the studio.
20 13 CFR 121.201, NAICS code 517212.
21 U.S. Census Bureau, 1997 Economic Census,
Subject Series: Information, ‘‘Employment Size of
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total, 965 firms had employment of 999
or fewer employees, and an additional
twelve firms had employment of 1,000
employees or more.22 Thus, under this
size standard, 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
11. The Eighth R&O reallocates the
2155–2160 MHz band and designates
the 2155–2175 MHz band to support the
introduction of new AWS applications.
The item does not propose service rules.
The ultimate use of the band will be
determined by future proceedings that
adopt specific service rules and, more
generally, by market forces operating
within the framework of such rules.
Accordingly, the item contains no new
reporting, recordkeeping, or other
compliance requirements.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities and
Significant Alternatives Considered
12. 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.23
13. In the Eighth R&O, we decided to
provide additional spectrum to support
the introduction of AWS because doing
so will promote the rapid deployment of
efficient radio communications.
Another option would have been to not
reallocate or designate the 2155–2160
MHz band. We rejected this alternative
because doing so would have limited
our ability to provide additional
spectrum and done little to minimize
the potential economic impact on small
entities. Specifically, because
incumbent users in the 2155–2160 MHz
band are subject to a transition plan
adopted in a separate proceeding and
would ultimately be required to cease
use of spectrum in this band, a decision
to not reallocate the spectrum would
only have a minimal, short-term effect
on incumbent users yet make it much
more likely that valuable spectrum
resources would lie fallow.
Additionally, the provision of
additional spectrum that can be used to
support AWS can directly benefit small
business entities by providing new
opportunities for the provision of
innovative new fixed and mobile
wireless services by such entities.
F. Report to Congress
14. The Commission will send a copy
of the Eighth R&O, including this FRFA,
in a report to be sent to Congress
pursuant to the SBREFA.24 In addition,
the Commission will send a copy of the
Eighth R&O, including the FRFA, to the
Chief Counsel for Advocacy of the SBA.
A copy of the Eighth R&O and the FRFA
(or summaries thereof) will also be
published in the Federal Register.25
Ordering Clauses
15. Pursuant to Sections 1, 4(i), 7(a),
301, 303(f), 303(g), 303(r), 307, 316, 332
of the Communications Act of 1934, as
amended, 47 U.S.C. Sections 151, 154(i),
157(a), 301, 303(f), 303(g), 303(r), 307,
316, and 332, this Eighth Report and
Order is Adopted and that part 2 of the
Commission’s rules is amended, as
specified in the regulatory text, effective
November 25, 2005.
16. Pursuant to Section 5(c) of the
Communications Act, as amended, 47
U.S.C. 155(c), the Office of Engineering
and Technology and the Wireless
Telecommunications Bureau Are
Granted Delegated Authority to
implement the requirement set forth in
this Order.
17. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Eighth Report and Order, including
the Final Regulatory Flexibility Analysis
to the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 2
Firms Subject to Federal Income Tax: 1997,’’ Table
5 (issued Oct. 2000).
22 Id. The census data do not provide a more
precise estimate of the number of firms that have
employment of 1,500 or fewer employees; the
largest category provided is ‘‘Firms with 1,000
employees or more.’’
23 5 U.S.C. 603(c).
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Communications equipment,
Reporting and recordkeeping
requirements.
24 See
25 See
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5 U.S.C. 801(a)(1)(A).
5 U.S.C. 604(b).
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
Final Rule
VerDate Aug<31>2005
1. The authority citation for part 2
continues to read as follows:
I
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 2 as
follows:
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14:58 Oct 25, 2005
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Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
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2. Section 2.106, the Table of
Frequency Allocations, is amended by
revising page 34.
The revisions read as follows:
I
§ 2.106
*
Table of Frequency Allocations.
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[FR Doc. 05–21406 Filed 10–25–05; 8:45 am]
BILLING CODE 6712–01–C
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2
[ET Docket No. 00–258; FCC 05–172]
Advanced Wireless Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission requires Broadband Radio
Service (BRS) licensees in the 2150–
2160/62 MHz band to provide
information on the construction status
and operational parameters of each
incumbent BRS system that would be
the subject of relocation.
DATES: Effective October 26, 2005.
FOR FURTHER INFORMATION CONTACT:
Priya Shrinivasan, Office of Engineering
& Technology, (202) 418–7005.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order, ET
Docket No. 00–258, FCC 05–172,
adopted September 23, 2005, released
September 29, 2005. The full text of this
document is available on the
Commission’s Internet site at https://
www.fcc.gov. It is also available for
inspection and copying during regular
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street, SW., Washington, DC 20554. The
full text of this document also may be
purchased from the Commission’s
duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St.,
SW., Room CY–B402, Washington, DC
20554; telephone (202) 488–5300; fax
(202) 488–5563; e-mail
FCC@BCPIWEB.COM.
Summary of the Order
1. In order to assist the Commission
in determining the scope of the new
Advanced Wireless Services (AWS)
entrants’ obligation to relocate certain
incumbent licensees in the 2150–2162
MHz band, the Commission will require
Broadband Radio Service (BRS)
licensees in the 2150–2160/62 MHz
band to provide the information to the
Commission within 60 days and 120
days of the effective date of this Order
(the filing dates will correspond to
information collection requirements for
the Commission’s Universal Licensing
System). The Commission reallocated
this spectrum for AWS by Report and
Order, 68 FR 3455, January 24, 2003,
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14:58 Oct 25, 2005
Jkt 208001
and the accompanying Eighth Report
and Order in ET Docket No. 00–258,
FCC 05–172. Currently, neither the
Commission nor the public has reliable
information on the construction status
and/or operational parameters of each
BRS system in the 2150–2160/62 MHz
band that would be subject to
relocation. Pursuant to Section 4(i) of
the Communications Act, 47 U.S.C.
154(i), the Commission believes that
reliable, public data on each incumbent
system that would be subject to
relocation is essential well in advance of
the planned auction of the 2150–2155
MHz band next year. It notes that the
information required would ultimately
be necessary in the context of relocation
negotiations. Because the Commission
now licenses the BRS service on the
basis of geographic licensing areas, BRS
licensees will be required to submit
information on the locations and
operating characteristics of BRS systems
(e.g., the location of base or fixed
stations by coordinates, tower heights,
power levels, etc.) in the 2150–2160/62
MHz band, on other system
characteristics of BRS incumbents (e.g.,
subscriber numbers and types of
equipment used), and on categories of
services provided (e.g., one-way or twoway service, point-to-point or point-tomultipoint operations, data or analog
video service). The Commission also
will require BRS licensees to provide
this information even if the spectrum is
leased to third parties. Further, because
the Commission proposes relocation on
a link-by-link basis, BRS licensees will
be required, as part of the information
on system design in the band, to provide
the number of links (including the
connection between a base station and
subscriber premises equipment) within
the system for both point-to-point and
point-to-multipoint systems. To the
extent that a system uses both BRS
channels 1 and 2 as part of the same
service (e.g., as a link to a two-way data
service), BRS licensees will be required
to make special note of this when
providing their system information. The
Commission notes that this list is not
inclusive. This information will be
collected through the Commission’s
Universal Licensing System (ULS) and
made available to the public. To further
this process, the Commission has
delegated authority to the Office of
Engineering and Technology and the
Wireless Telecommunications Bureau to
issue public notices setting forth the
specific data required of BRS licensees,
when it is to be filed and the procedures
for filing this information. Finally, the
Commission finds that there is good
cause to make the requirement for BRS
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
61747
licensees to file information effective
upon publication of the Order in the
Federal Register. The Commission has
provided BRS licensees with ample time
to file the required information and the
ability to use the ULS to submit the
information easily. As noted, reliable
data on each incumbent system that
would be subject to relocation is
essential well in advance of the planned
auction of the 2150–2155 MHz band
next year.
2. Pursuant to Section 4(i) of the
Communications Act, as amended, 47
U.S.C. 154(i), this Order is adopted,
October 26, 2005. The Order contains
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13, that
are not effective until approved by the
Office of Management and Budget
(OMB).
3. Pursuant to Section 5(c) of the
Communications Act, as amended, 47
U.S.C. 155(c), the Office of Engineering
and Technology and the Wireless
Telecommunications Bureau Are
Granted Delegated Authority to
implement the requirement set forth in
this Order.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–21408 Filed 10–25–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CC Docket No. 98–170 and CG Docket No.
04–208; FCC 05–55]
Truth-in-Billing and Billing Format;
National Association of State Utility
Consumer Advocates’ Petition for
Declaratory Ruling Regarding Truth-inBilling
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
SUMMARY: In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved for three years the information
collections contained in the Truth-inBilling and Billing Format; National
Association of State Utility Consumer
Advocates’ Petition for Declaratory
Ruling Regarding Truth-in-Billing,
Second Report and Order, Declaratory
Ruling, and Second Further Notice of
Proposed Rulemaking (Second Report
and Order). The information collections
contained in the Second Report and
E:\FR\FM\26OCR1.SGM
26OCR1
Agencies
[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Rules and Regulations]
[Pages 61742-61747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21406]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 00-258; FCC 05-172]
Advanced Wireless Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document reallocates the 2155-2160 MHz band for Fixed and
Mobile services and designates the 2155-2175 MHz band for Advanced
Wireless Service (AWS) use. We continue our ongoing efforts to promote
spectrum utilization and efficiency with regard to the provision of new
services, including Advanced Wireless Services (AWS).
DATES: Effective November 25, 2005.
FOR FURTHER INFORMATION CONTACT: Priya Shrinivasan, Office of
Engineering & Technology, (202) 418-7005.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Eighth
Report and Order, ET Docket No. 00-258, FCC 05-172, adopted September
23, 2005, and released September 29, 2005. The full text of this
document is available on the Commission's Internet site at https://
www.fcc.gov. It is also available for inspection and copying during
regular business hours in the FCC Reference Center (Room CY-A257), 445
12th Street, SW., Washington, DC 20554. The full text of this document
also may be purchased from the Commission's duplication contractor,
Best Copy and Printing Inc., Portals II, 445 12th St., SW., Room CY-
B402, Washington, DC 20554; telephone (202) 488-5300; fax (202) 488-
5563; e-mail FCC@BCPIWEB.COM.
Summary of the Report and Order
1. In the Eighth Report and Order (``Eighth R&O'') in ET Docket No.
00-258, the Commission continues its ongoing efforts to promote
spectrum utilization and efficiency with regard to the provision of new
services, including Advanced Wireless Services (AWS). Advanced wireless
systems could provide, for example, a wide range of voice, data and
broadband services over a variety of mobile and fixed networks.
Specifically, the Commission reallocates the 2155-2160 MHz band for
Fixed and Mobile services and designates the 2155-2175 MHz band for AWS
use.
2. Based on the Commission's determination that additional spectrum
is needed for AWS use, and because the characteristics of the 2155-2175
MHz band make it well suited for such use, concludes that designating
this band for AWS will promote efficient use of the spectrum and allow
for the rapid introduction of high-value services in the band. Because
the 2155-2175 MHz band is adjacent to the 2110-2155 MHz and 2175-2180
MHz bands that have already been designated for AWS, an AWS designation
for this band will create 70 MHz of contiguous spectrum that will
promote the rapid introduction of new technologies and service
offerings, and will foster the use of the highest potential spectrum.
Furthermore, designation of the 2155-2175 MHz band for AWS use is
consistent with the Commission's previous decisions to designate
spectrum for AWS on a primary basis to support the types of high
powered mobile applications associated with AWS and Broadband PCS
expansion. In addition, as proposed, the Commission
[[Page 61743]]
allocates the 2155-2160 MHz band to Fixed and Mobile services in order
to allow the provision of AWS in this band. Although commenters did not
explicitly address the Commission's proposal to add a Mobile allocation
to the 2155-2160 MHz band, such support is implicit in their support
for redesignating the 2155-2175 MHz band for AWS use because a Mobile
allocation is essential for the provision of AWS.
3. The Commission notes that it does not decide here how to assign
this new AWS spectrum at 2155-2175 MHz but will consider this issue in
a separate service rules proceeding at a later date. It also notes that
a current bilateral agreement in the 2155-2160/62 kHz band between the
United States and Canada provides for coordinated use of Broadband
Radio Service (BRS) and Educational Broadband Service (EBS) along the
common border. The sharing of the 2160/62-2175 MHz band between the
United States and Canada is covered by Arrangement A of the Agreement
Concerning the Coordination and Use of Radio Frequencies Above Thirty
Megacycles per Second, with Annex, as amended. There are no agreements
with Mexico in the 2155-2175 MHz band. Accordingly, the Commission
notes that there may be a need to negotiate new or modified agreements
to provide for more flexible use of the spectrum with Canada and Mexico
along the common borders.
Final Regulatory Flexibility Analysis
4. As required by the Regulatory Flexibility Act (RFA) \1\ an
Initial Regulatory Flexibility Analysis was incorporated in the Third
Notice of Proposed Rule Making (Third NPRM) in ET Docket 00-258, 68 FR
12015, March 13, 2003.\2\ The Commission sought written public comment
on the proposals in the Third NPRM, including comment on the IRFA. This
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\3\
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C 601 et seq., has been
amended by the Contract With America Advancement Act of 1996, Pub.
L. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA).
\2\ Amendment of Part 2 of the Commission's Rules to Allocate
Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
Introduction of New Advanced Wireless Services, including Third
Generation Wireless Systems, ET Docket No. 00-258, IB Docket No. 99-
81, Third Report and Order, Third Notice of Proposed Rulemaking and
Second Memorandum Opinion and Order, 18 FCC Rcd 2223 (2003).
\3\ 5 U.S.C. 604.
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A. Need for, and Objectives of, the Eighth Report and Order
5. The Eighth Report and Order (Eighth R&O) reallocates the 2155-
2160 MHz band for Fixed and Mobile services and designates the 2155-
2175 MHz band for the provision of advanced wireless services (AWS).
The Eighth R&O is the latest in a series of decisions in ET Docket 00-
258 allocating spectrum that can be used for the provision of new and
innovative wireless communications services that we have collectively
referred to as ``AWS.'' The provision of this spectrum serves the
public interest by promoting the rapid deployment of efficient radio
communications facilities and supports the goals of Section 7 of the
Communications Act,\4\ which sets forth a policy of encouraging the
provision of new technologies and services to the public.
---------------------------------------------------------------------------
\4\ 47 U.S.C. 157.
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B. Summary of Significant Issues Raised by Public Comments in Response
to the Supplemental IRFA
6. There were no comments filed that specifically addressed the
rules and policies proposed in the IRFA.
C. Description and Estimate of the Number of Small Entities To Which
Rules Will Apply
7. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of entities that will be affected
by the rules.\5\ The RFA defines ``small entity'' as having the same
meaning as the term ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' \6\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act, unless the Commission has developed one
or more definitions that are appropriate to its activities.\7\ Under
the Small Business Act, a ``small business concern'' is one that: (1)
Is independently owned and operated; (2) is not dominant in its field
of operation; and (3) meets any additional criteria established by the
Small Business Administration (SBA).\8\
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\5\ 5 U.S.C. 603(b)(3), 604(a)(3).
\6\ 5 U.S.C. 601(6).
\7\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to 5
U.S.C. 601(3), the statutory definition of a small business applies
``unless an agency after consultation with the Office of Advocacy of
the Small Business Administration and after opportunity for public
comment, established one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition in the Federal Register.''
\8\ 15 U.S.C. 632.
---------------------------------------------------------------------------
8. Multipoint Distribution Service, Multichannel Multipoint
Distribution Service. Multichannel Multipoint Distribution Service
(MMDS) systems, often referred to as ``wireless cable,'' transmit video
programming to subscribers using the microwave frequencies of
Multipoint Distribution Service (MDS) and Instructional Television
Fixed Service (ITFS).\9\ In connection with the 1996 MDS auction, the
Commission defined ``small business'' as an entity that, together with
its affiliates, has average gross annual revenues that are not more
than $40 million for the preceding three calendar years. The SBA has
approved of this standard.\10\ The MDS auction resulted in 67
successful bidders obtaining licensing opportunities for 493 Basic
Trading Areas (BTAs).\11\ Of the 67 auction winners, 61 claimed status
as a small business. At this time, we estimate that of the 61 small
business MDS auction winners, 48 remain small business licensees. In
addition to the 48 small businesses that hold BTA authorizations, there
are approximately 392 incumbent MDS licensees that have gross revenues
that are not more than $40 million and are thus considered small
entities.\12\
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\9\ Amendment of Parts 21 and 74 of the Commission's Rules with
Regard to Filing Procedures in the Multipoint Distribution Service
and in the Instructional Television Fixed Service and Implementation
of Section 309(j) of the Communications Act--Competitive Bidding,
Report and Order, 10 FCC Rcd 9589, 9593, paragraph 7 (1995) (``MDS
Auction R&O''). The MDS and ITFS was renamed the Broadband Radio
Service (BRS) and Educational Broadband Service (EBS), respectively.
See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's
Rules to Facilitate the Provision of Fixed and Mobile Broadband
Access, Educational and Other Advanced Services in the 2150-2162 MHz
Band, WT Docket No. 03-66, Report and Order and Further Notice of
Proposed Rulemaking, 19 FCC Rcd 14165 (2004).
\10\ See Letter to Margaret Wiener, Chief, Auctions and Industry
Analysis Division, Wireless Telecommunications Bureau, FCC, from
Gary Jackson, Assistant Administrator for Size Standards, Small
Business Administration (dated Mar. 20, 2003) (noting approval of
$40 million size standard for MDS auction).
\11\ Basic Trading Areas (BTAs) were designed by Rand McNally
and are the geographic areas by which MDS was auctioned and
authorized. See MDS Auction R&O, 10 FCC Rcd at 9608, paragraph 34.
\12\ 47 U.S.C. 309(j). Hundreds of stations were licensed to
incumbent MDS licensees prior to implementation of section 309(j) of
the Communications Act of 1934, 47 U.S.C. 309(j). For these pre-
auction licenses, the applicable standard is SBA's small business
size standard for ``other telecommunications'' (annual receipts of
$12.5 million or less). See 13 CFR 121.201, NAICS code 517910.
---------------------------------------------------------------------------
9. In addition, the SBA has developed a small business size
standard for Cable and Other Program Distribution,\13\
[[Page 61744]]
which includes all such companies generating $12.5 million or less in
annual receipts.\14\ According to Census Bureau data for 1997, there
were a total of 1,311 firms in this category that had operated for the
entire year.\15\ Of this total, 1,180 firms had annual receipts of
under $10 million, and an additional 52 firms had receipts of $10
million or more but less than $25 million.\16\ Consequently, we
estimate that the majority of providers in this service category are
small businesses that may be affected by the proposed rules and
policies. Because the Commission's action only affects MDS operations
in the 2155-2160/62 MHz band, the actual number of MDS providers who
will be affected by the proposed reallocation will only represent a
small fraction of these small businesses.
---------------------------------------------------------------------------
\13\ 13 CFR 121.201, NAICS code 517510.
\14\ Id.
\15\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4 (issued October 2000).
\16\ Id.
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10. Fixed Microwave Services. Microwave services include common
carrier,\17\ private-operational fixed,\18\ and broadcast auxiliary
radio services.\19\ At present, there are approximately 36,708 common
carrier fixed licensees and 59,291 private operational-fixed licensees
and broadcast auxiliary radio licensees in the microwave services. The
Commission has not yet defined a small business with respect to
microwave services. For purposes of the FRFA, we will use the SBA's
definition applicable to Cellular and other Wireless Telecommunications
companies--i.e., an entity with no more than 1,500 persons.\20\
According to Census Bureau data for 1997, there were 977 firms in this
category, total, that operated for the entire year.\21\ Of this total,
965 firms had employment of 999 or fewer employees, and an additional
twelve firms had employment of 1,000 employees or more.\22\ Thus, under
this size standard, 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.
---------------------------------------------------------------------------
\17\ 47 CFR part 101 et seq. (formerly, part 21 of the
Commission's rules) for common carrier fixed microwave services
(except MDS).
\18\ Persons eligible under parts 80 and 90 of the Commission's
rules can use Private-Operational Fixed Microwave services. See 47
CFR Parts 80 and 90. Stations in this service are called
operational-fixed to distinguish them from common carrier and public
fixed stations. Only the licensee may use the operational-fixed
station, and only for communications related to the licensee's
commercial, industrial, or safety operations.
\19\ Auxiliary Microwave Service is governed by Part 74 of Title
47 of the Commission's rules. See 47 CFR, part 74 et seq. Available
to licensees of broadcast stations and to broadcast and cable
network entities, broadcast auxiliary microwave stations are used
for relaying broadcast television signals from the studio to the
transmitter, or between two points such as a main studio and an
auxiliary studio. The service also includes mobile TV pickups, which
relay signals from a remote location back to the studio.
\20\ 13 CFR 121.201, NAICS code 517212.
\21\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
Information, ``Employment Size of Firms Subject to Federal Income
Tax: 1997,'' Table 5 (issued Oct. 2000).
\22\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is ``Firms with 1,000
employees or more.''
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D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
11. The Eighth R&O reallocates the 2155-2160 MHz band and
designates the 2155-2175 MHz band to support the introduction of new
AWS applications. The item does not propose service rules. The ultimate
use of the band will be determined by future proceedings that adopt
specific service rules and, more generally, by market forces operating
within the framework of such rules. Accordingly, the item contains no
new reporting, recordkeeping, or other compliance requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
12. 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.\23\
---------------------------------------------------------------------------
\23\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------
13. In the Eighth R&O, we decided to provide additional spectrum to
support the introduction of AWS because doing so will promote the rapid
deployment of efficient radio communications. Another option would have
been to not reallocate or designate the 2155-2160 MHz band. We rejected
this alternative because doing so would have limited our ability to
provide additional spectrum and done little to minimize the potential
economic impact on small entities. Specifically, because incumbent
users in the 2155-2160 MHz band are subject to a transition plan
adopted in a separate proceeding and would ultimately be required to
cease use of spectrum in this band, a decision to not reallocate the
spectrum would only have a minimal, short-term effect on incumbent
users yet make it much more likely that valuable spectrum resources
would lie fallow. Additionally, the provision of additional spectrum
that can be used to support AWS can directly benefit small business
entities by providing new opportunities for the provision of innovative
new fixed and mobile wireless services by such entities.
F. Report to Congress
14. The Commission will send a copy of the Eighth R&O, including
this FRFA, in a report to be sent to Congress pursuant to the
SBREFA.\24\ In addition, the Commission will send a copy of the Eighth
R&O, including the FRFA, to the Chief Counsel for Advocacy of the SBA.
A copy of the Eighth R&O and the FRFA (or summaries thereof) will also
be published in the Federal Register.\25\
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\24\ See 5 U.S.C. 801(a)(1)(A).
\25\ See 5 U.S.C. 604(b).
---------------------------------------------------------------------------
Ordering Clauses
15. Pursuant to Sections 1, 4(i), 7(a), 301, 303(f), 303(g),
303(r), 307, 316, 332 of the Communications Act of 1934, as amended, 47
U.S.C. Sections 151, 154(i), 157(a), 301, 303(f), 303(g), 303(r), 307,
316, and 332, this Eighth Report and Order is Adopted and that part 2
of the Commission's rules is amended, as specified in the regulatory
text, effective November 25, 2005.
16. Pursuant to Section 5(c) of the Communications Act, as amended,
47 U.S.C. 155(c), the Office of Engineering and Technology and the
Wireless Telecommunications Bureau Are Granted Delegated Authority to
implement the requirement set forth in this Order.
17. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Eighth Report
and Order, including the Final Regulatory Flexibility Analysis to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 2
Communications equipment, Reporting and recordkeeping requirements.
[[Page 61745]]
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 2 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106, the Table of Frequency Allocations, is amended by
revising page 34.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
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[FR Doc. 05-21406 Filed 10-25-05; 8:45 am]
BILLING CODE 6712-01-C