Rechannelization of the 17.7-19.7 GHz Frequency Band for Fixed Microwave Services, 69039-69052 [E6-20167]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
47 CFR Parts 1, 2, 74, 78, and 101
competitive services while protecting
Federal earth stations.
DATES: Effective December 29, 2006
FOR FURTHER INFORMATION CONTACT:
Brian Michael Wondrack, (202) 418–
0653, e-mail: brian.wondrack@fcc.gov,
or via TTY (202) 418–7233, Wireless
Telecommunications Bureau, Federal
Communications Commission,
Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, adopted on September 22,
2006 and released on September 29,
2006, FCC 06–141. The full text of the
Report and Order is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Room CY–A257,
445 12th Street, SW., Washington, DC
20554. The complete text may be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., (BCPI), Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC 20554, 202–488–5300
or 800–387–3160, e-mail at
fcc@bcpiweb.com. The complete text is
also available on the Commission’s Web
site at https://hraunfoss.fcc.gov/
edocs_public/attachment/FCC–06–
141A1.doc. This full text may also be
downloaded at: https://wireless.fcc.gov/
releases.html. Alternative formats
(computer diskette, large print, audio
cassette, and Braille) are available to
persons with disabilities by contacting
Brian Millin at (202) 418–7426, TTY
(202) 418–7365, or via e-mail to
bmillin@fcc.gov.
[WT Docket No. 04–143; FCC 06–141]
Summary of Report and Order
‘‘Chief of the Public Safety and Critical
Infrastructure Division’’ wherever they
appear and adding, in their place, the
words ‘‘Chief, Public Safety and
Homeland Security Bureau.’’
PART 97—AMATEUR RADIO SERVICE
35. The authority citation for part 97
continues to read as follows:
I
Authority: 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303. Interpret or
apply 48 Stat. 1064–1068, 1081–1105, as
amended; 47 U.S.C. 151–155, 301–609,
unless otherwise noted.
36. Section 97.401 is amended by
revising paragraph (b) to read as follows:
I
§ 97.401
Operation during a disaster.
*
*
*
*
*
(b) When a disaster disrupts normal
communication systems in a particular
area, the FCC may declare a temporary
state of communication emergency. The
declaration will set forth any special
conditions and special rules to be
observed by stations during the
communication emergency. A request
for a declaration of a temporary state of
emergency should be directed to the
Chief, Public Safety and Homeland
Security Bureau.
*
*
*
*
*
[FR Doc. E6–20240 Filed 11–28–06; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Rechannelization of the 17.7–19.7 GHz
Frequency Band for Fixed Microwave
Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission adopts rules that
rechannelize Fixed Microwave Services
(FS) channels in the terrestrial 18 GHz
band. The Commission revises the rules
in order to reduce the regulatory burden
for the 18 GHz band by adding new
channel-size options for FS operations
along with channelization and emission
flexibility for multichannel video
programming distributors (MVPDs)
below 18.3 GHz, thereby facilitating the
relocation to spectrum at 17.7–18.3 GHz
and 19.3–19.7 GHz. We believe these
actions will encourage efficient use of
the spectrum by all FS licensees and
provide a regulatory environment that
will allow MVPDs to provide
cprice-sewell on PROD1PC66 with RULES
SUMMARY:
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
I. Introduction
1. In this Report and Order, we revise
our rules to reduce regulatory burdens
for 18 GHz band 1 terrestrial Fixed
Microwave Services (FS) licensees that
are subject to involuntary relocation
from the 18.3–19.3 GHz band pursuant
to the Commission’s reallocation of that
band for exclusive satellite services use
in IB Docket No. 98–172.2 These FS
1 The term ‘‘18 GHz band’’ refers to those
frequencies between 17.7 and 19.7 GHz. Herein, we
use the term ‘‘terrestrial 18 GHz band’’ to refer to
those frequencies between 17.7–18.3 GHz and
between 19.3–19.7 GHz that are allocated on a coprimary basis for the following terrestrial services:
Fixed Microwave Services (FS) under part 101,
Cable Television Relay Service (‘‘CARS’’) under
part 78, and Broadcast Auxiliary Services (‘‘BAS’’)
under part 74. We recognize that 17.7–18.3 GHz and
19.3–19.7 GHz are also allocated on a co-primary
basis for satellite services; we are using the term
‘‘terrestrial 18 GHz band’’ herein for convenience
only given that the instant re-channelization
concerns terrestrial services under part 101.
2 See Redesignation of the 17.7–19.7 GHz
Frequency Band, Blanket Licensing of Satellite
Earth Stations in the 17.7–20.2 GHz and 27.5–30.0
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
69039
licensees will relocate to spectrum at
17.7–18.3 GHz and 19.3–19.7 GHz,
where 47 CFR part 101 currently
designates channel sizes that are too
large relative to the needs of some
relocating point-to-point microwave
licensees and too small relative to the
needs of relocating private cable
operators (PCOs) and other
multichannel video programming
distributors (MVPDs). The Report and
Order revises the rules to add new
channel sizes in both bands along with
special rules for MVPDs within the
17.7–18.3 GHz band, thereby facilitating
the relocation.
2. In this Report and Order we adopt
the following actions regarding FS
channels in the terrestrial 18 GHz band:
• We adopt a revised band plan for
the FS paired and unpaired spectrum
from 17.7–18.3 GHz and 19.3–19.7 GHz,
consisting of a variety of channel
bandwidths, primarily narrower
bandwidths, and a block of unpaired
spectrum from 17.7–17.74 GHz.
• We designate a contiguous 600
megahertz block of one-way spectrum
from 17.7–18.3 GHz for use by MVPDs,
who will have flexibility within such
block to determine the appropriate
bandwidths and other technical
parameters of their MVPD operations.
• In the 17.7–17.8 GHz band, we
protect Federal earth stations in the
fixed-satellite service (space-to-Earth)
that may be authorized in Denver,
Colorado, and Washington, DC, and
require all MVPD applications (under 47
CFR parts 74, 78, or 101) within the
17.7–17.8 GHz band near those areas to
be coordinated with the Federal
Government by the Commission before
an authorization will be issued.3
• We provide channel flexibility to
grandfathered MVPDs in the 18.3–18.58
GHz band, which was previously
designated for non-primary use by
MVPDs.
II. Background
3. Reallocation from Terrestrial
Services to Satellite Services (18 GHz
GHz Frequency Bands, and the Allocation of
Additional Spectrum in the 17.3–17.8 GHz and
24.75–25.25 GHz Frequency Bands for Broadcast
Satellite-Service Use, IB Docket No. 98–172, Report
and Order, 15 FCC Rcd 13430 (2000) (‘‘18 GHz SAT
R&O’’), recon. granted in part, First Order on
Reconsideration, 16 FCC Rcd 19808 (2001), further
recon. granted in part, Second Order on
Reconsideration, 17 FCC Rcd 24248 (2002)
(‘‘Second Order on Reconsideration’’), further
recon. denied, Third Order on Reconsideration, 19
FCC Rcd 10777 (2003) (‘‘Third Order on
Reconsideration’’).
3 The National Telecommunications and
Information Administration (NTIA) filed a letter
with the Commission, dated March 3, 2006,
requesting that we protect certain Federal
operations. See paragraphs 18–21, infra.
E:\FR\FM\29NOR1.SGM
29NOR1
cprice-sewell on PROD1PC66 with RULES
69040
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
SAT R&O). Previously, in a separate
proceeding, the Commission reallocated
portions of the 18 GHz band to
accommodate sharing among the
terrestrial, Geostationary Satellite Orbit
Fixed-Satellite Service (‘‘GSO/FSS’’),
Non-Geostationary Satellite Orbit FixedSatellite Service (‘‘NGSO/FSS’’), and
Mobile-Satellite Service feeder links
(‘‘MSS/FL’’). As part of that action, the
Commission reallocated the one
thousand megahertz of spectrum from
18.3–19.3 GHz solely to Fixed-Satellite
Service (FSS). The terrestrial services,
including FS, continue to have shared
(co-primary) access to the terrestrial 18
GHz band and we revise the FS channel
plan, under part 101, to ensure that the
FS community can effectively and
efficiently utilize this spectrum.
Rechannelization of CARS and BAS,
which share the terrestrial 18 GHz band
with FS (as well as satellite services)
will be addressed in a separate
proceeding. Accordingly, the discussion
below focuses on the terrestrial Fixed
Microwave Services (FS) licensed under
part 101, except where we address
NTIA’s request to protect certain
Federal Government earth stations
relative to all applications for new or
modified MVPD operations whether
under parts 74, 78, or 101.
4. The 18 GHz band currently serves
a variety of terrestrial communications
needs and is an important band for the
growth of FS services. Prior to the rule
changes adopted in the 18 GHz SAT
R&O, the 18 GHz band (two-thousand
megahertz of spectrum at 17.7–19.7
GHz) was allocated on a co-primary
basis for FS, CARS, BAS, and satellite
services.4 In the 18 GHz SAT R&O, the
Commission reallocated one-thousand
megahertz of spectrum for FS use as
follows: the 17.7–18.3 GHz band and the
19.3–19.7 GHz band, both on a coprimary basis with satellite services.
The 18 GHz SAT R&O also designated
the 18.3–18.58 GHz band as co-primary
between FS and GSO/FSS, but the
Commission subsequently reallocated
this sub-band exclusively for satellite
services use.
5. Ten-year relocation reimbursement
sunset. Recognizing the importance of
existing FS systems in the 18 GHz band,
the Commission adopted a ten-year
transition plan that permits FS stations
currently operating within the onethousand megahertz of spectrum at
18.3–19.3 GHz, that was reallocated for
exclusive satellite services use, to
continue operating on a co-primary
4 See 47 CFR 2.106 (1999); see also 47 CFR parts
21, 25, 74, 78, and 101. See 18 GHz SAT R&O, 15
FCC Rcd 13430.
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
basis until the applicable sunset date.5
Under these rules, satellite operators
have the option to relocate FS stations
in the event of interference and, during
this ten-year period, existing FS stations
may be relocated in accordance with the
reimbursement and involuntary
relocation procedures set forth in
§ 101.85 and § 101.91of the
Commission’s rules. After the sunset,
existing FS stations may continue to
operate on a non-interference basis, but
FSS licensees are not required to pay
relocation costs and may require an
incumbent FS licensee to cease
operations, provided that the FSS
licensee intends to turn on a system
within interference range of the
incumbent FS licensee.6
6. The 18 GHz band spectrum
available for FS containing the
narrowest (five megahertz) paired
channels (18.76–19.16 GHz band
frequencies) was reallocated exclusively
to satellite services. Under current rules,
ten megahertz is the smallest channel
size available for licensing to FS in the
terrestrial 18 GHz band. As a result,
under the existing band plan some FS
operators will not be able to relocate to
replacement channels in the terrestrial
18 GHz band of the same bandwidth as
their currently licensed channels at
18.76–19.16 GHz. Moreover, some FS
operators would not be able to be
licensed without a waiver of the
minimum efficiency requirements
specified in part 101 of our rules. Under
the efficiency rules in § 101.141 of the
Commission’s rules, a FS licensee must
utilize its channel to the required limit.
The 18 GHz Rechannelization NPRM
(NPRM), 69 FR 40843 (July 7, 2004), set
forth criteria for waiver of the channelsize rules pending the outcome of this
proceeding. Requiring such licensees to
be licensed for larger-than-necessary
bandwidths would be spectrally
inefficient.
7. The Commission recognized in the
18 GHz SAT R&O that the already high
demand for 18.14–18.58 GHz band will
increase and stated that this portion of
the 18 GHz band is vital to the success
of FS relocation efforts and the
continued viability of wireless cable
5 47 CFR 101.85 (Transition of the 18.3–19.3 GHz
band from the terrestrial fixed services to the fixedsatellite services (FSS)). Certain FS operations in
the 18.58–19.3 GHz band remain co-primary until
June 8, 2010, while certain FS operations and lowpower systems in the 19.26–19.3 GHz band remain
co-primary until October 31, 2011, and certain FS
operations in the 18.3–18.58 GHz band remain coprimary until November 19, 2012. Id.
6 47 CFR 101.95 (Sunset provisions for licensees
in the 18.30–19.30 GHz Band). See also 18 GHz
SAT R&O, 15 FCC Rcd at 1346 paragraph 63, First
Order on Reconsideration, 16 FCC Rcd at 19821
paragraph 26.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
providers that provide direct
competition to traditional cable
operators. However, most of the 18 GHz
band spectrum from 18.142–18.58 GHz,
which consists of six megahertz
channels (the standard channel
bandwidth used by almost all MVPDs to
deliver analog channels and digital
video streams) used mainly by private
cable operators (‘‘PCOs’’) and other
MVPDs, was reallocated to satellite
services. Accordingly, when the
Commission reallocated this portion of
the 18 GHz band, it noted that PCOs and
other MVPDs were eligible to use other
spectrum either below 18.3 GHz in the
terrestrial 18 GHz band 7 or in the CARS
(12.7–13.2 GHz) band.8 Although the
Second Order on Reconsideration
recognized that the CARS Eligibility
Order allowed non-cable MVPDs access
to the terrestrial 18 GHz band, the
Commission did not, in those
proceedings, remove the restriction for
video in § 101.603 of the Commission’s
rules, nor amend the size of the
channels in the terrestrial 18 GHz band
below 18.142 GHz to accommodate such
use. Rather, the Commission explained
in the First Order on Reconsideration
that it would undertake a separate
proceeding to rechannelize the
terrestrial 18 GHz band to facilitate the
relocation. Accordingly, on April 19,
2004, the Commission released the
NPRM.
III. Discussion
A. Adding Smaller Channels for FS
Operations in the Terrestrial 18 GHz
Band
8. In the NPRM (based largely on a
filing by the Fixed Wireless
Communications Coalition (FWCC)), the
Commission proposed a revised FS
channel plan for the terrestrial 18 GHz
band that included paired and unpaired
channels from 17.7–18.3 GHz and 19.3–
19.7 GHz, as well as a variety of channel
bandwidths including narrower
bandwidths, e.g., 1.25, 2.5 and 5
megahertz (as well as those of thirty and
fifty megahertz) and a block of unpaired
spectrum from 17.7–17.74 GHz.
9. All commenters generally support
our efforts to provide relief to relocated
point-to-point microwave FS licensees
by modifying the existing FS channel
plan in the terrestrial 18 GHz band.
7 18 GHz band spectrum is shared with CARS and
BAS. MVPDs are eligible for CARS licenses.
8 Second Order on Reconsideration, 17 FCC Rcd
at 24250 paragraph 6. This ‘‘enhanced eligibility’’
was the result of the Commission’s decision in
another proceeding. See Amendment of Eligibility
Requirements in part 78 Regarding 12 GHz Cable
Television Relay Service, CS Docket No. 99–250,
Report and Order, 17 FCC Rcd 9930, 9930
paragraph 1 (2002) (‘‘CARS Eligibility Order’’).
E:\FR\FM\29NOR1.SGM
29NOR1
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
that is unavailable in the relevant area,
whether due to co-channel licenses or
adjacent channel interference as
determined under our rules (including
requirements to comply with any
applicable agreements with Canada or
Mexico in these bands), then it is
appropriate to allow the applicant to
skip that ‘‘blocked’’ segment of
spectrum.
B. 220 Megahertz Channels
10. In the NPRM, the Commission
recognized that the reallocation of the
18 GHz band eliminated portions of all
three FS 220 megahertz channel pairs,
and the Commission sought comments
on whether a need exists to maintain
any 220 megahertz channel pair.
Commenters state that maintaining 220
megahertz channel pairs is no longer
necessary because, due to advances in
modulation, the services that were
provided over these channel pairs are
no longer used and, accordingly, the
equipment needed to provide these
services is no longer manufactured.
Moreover, commenters maintain that
the proposed assignment would
effectively block the use of narrower
channels for two-way links within the
terrestrial 18 GHz band. We also note
that the Commission’s licensing records
reflect that no incumbents are licensed
for a 220 megahertz channel pair. Based
on the record before us, we agree with
the commenters and find that
maintaining a 220 megahertz channel
pair serves no useful purpose, especially
given our decision below regarding
aggregation. Accordingly, we change our
rules to eliminate this size channel
designation.
cprice-sewell on PROD1PC66 with RULES
Based on the information available in
the record, we conclude that our
decisions will promote more efficient
use of the terrestrial 18 GHz band by
allowing FS licensees to request the
amount of spectrum that they need,
rather than having to request larger
bandwidth channels or seek a waiver of
the Commission’s rules. This in turn
promotes access to spectrum for FS
operations, both by relocating
incumbents and new entrants.
12. The NPRM also proposed to
permit unpaired use by any FS licensee
of the 17.7–17.74 GHz sub-band, which
was previously paired with the 19.26–
19.3 GHz sub-band that was reallocated
to FSS. We also asked whether to allow
licensees to pair channels in the 17.7–
17.74 GHz sub-band with other
channels in the terrestrial 18 GHz band
where, for example, the return pair is
already in use and therefore blocked.
Only one commenter, Independent
Multi-Family Communications Council
(IMCC), addressed these proposals and
supported them. We conclude that these
approaches will provide FS licensees
additional operational flexibility within
the terrestrial 18 GHz band without
compromising our efforts to facilitate
effective and expeditious relocation of
those licensees from other portions of
the 18 GHz band. We accordingly adopt
these changes to our rules.
C. Aggregation
11. We also proposed, in the NPRM,
to permit applicants to request any
amount of available spectrum based on
their specific needs, on the condition
that aggregated channels are contiguous
channels, except for channels that are
already licensed to someone else in the
area, and are thus blocked. Comsearch
asks us to clarify whether applicants
also may skip any segments that would
be affected by interference with other
links. We conclude that allowing
aggregation conditioned upon the
proposed requirement that aggregated
channels be contiguous is necessary to
prevent licensees from spacing their
channels in a manner that effectively
could prevent others from using the
remaining spectrum in the same area.
We also, however, agree with
Comsearch that where an applicant
seeks to operate in a particular segment
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
D. Use of the 17.7–17.74 GHz Sub-band
E. Multichannel Video Programming
Distributors (MVPDs)
1. Background
13. Prior to the reallocation to satellite
services in IB Docket No. 98–172, PCOs
and other MVPDs had co-primary access
to 438 megahertz of spectrum (18.142–
18.58 GHz) and non-MVPDs had coprimary access to 442 megahertz of
spectrum (17.7–18.142 GHz). Although
MVPD and non-MVPD each shared
spectrum with satellite and other
terrestrial services, these part 101
licensees did not share with one
another. In the NPRM, the Commission
noted that MVPDs no longer will have
primary access to the 18.3–18.58 GHz
band frequencies, leaving MVPDs
subject to involuntary relocation and
access to only 158 megahertz of
spectrum in the 18 GHz range. In this
connection, the Commission proposed
for MVPDs a contiguous 500 megahertz
block of one-way spectrum, from 17.8–
18.3 GHz, consisting of the 158
megahertz of spectrum at 18.142–18.3
GHz and 342 megahertz of spectrum
immediately below 18.142 GHz which
MVPDs and non-MVPDs would share.
The Commission also proposed
removing the prohibition on video
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
69041
operations 9 and allowing MVPDs to be
licensed for up to all five-hundred
megahertz of this spectrum, subject to
coordination, along with flexibility to
channelize contiguous segments of
licensed spectrum as needed. The
Commission further proposed emission
flexibility for MVPDs within the 17.8 to
18.3 GHz band to accommodate and
streamline conversions to digital
transmissions. The NPRM did not
propose to designate 17.7–17.8 GHz for
MVPDs, which under the current rules
would leave this one-hundred
megahertz of spectrum designated for
non-MVPDs. We discuss each proposal
or issue below.
2. MVPD Designation at 17.8–18.3 GHz
14. Alcatel and Fixed Wireless
Communications Coalition and the
National Spectrum Managers
Association (FWCC/NSMA) initially
opposed designating the 17.8–18.3 GHz
sub-band for use by MVPDs because
MVPDs use one-way, hub-and-spoke
architecture that these commenters
contend will effectively block the use of
the entire sub-band for more efficient
two-way FS use in the vicinity of
MVPDs systems. FWCC/NSMA further
contended that the combination of
MVPDs’ widespread geographic
dispersion and high occupied
bandwidth resulting from low-efficiency
modulation effectively prevents FS use
over the entire bandwidth.
15. The main difference between nonMVPD use and MVPD use is that the
latter often utilizes analog video
channels, which are typically six
megahertz, and have a larger amplitude
(peak power) at the location of the main
video carrier. As a result, the power is
not spread as evenly across the
bandwidth as is the case for most nonMVPD operations. Typically, MVPDs
also use several contiguous channels to
backhaul their services whereas nonMVPD operators usually meet their
needs with one or two channels. After
taking these differences into account,
however, we reject any claim that these
operational differences preclude sharing
given that MVPDs are required to
coordinate with other service providers,
and thus will not be able to uniformly
block or otherwise interfere with other,
non-MVPD licensees. Moreover, given
MVPDs’ ‘‘late arrival’’ to this band, they
will only operate where the spectrum is
still available, i.e., can be coordinated
with existing licensees. We also note
that in the Second Order on
9 See 47 CFR 101.603(a)(1), 101.603(b)
(prohibiting use of 18 GHz frequencies, other than
18.142–18.580 GHz, for the final link in the chain
of transmission of program material).
E:\FR\FM\29NOR1.SGM
29NOR1
69042
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
cprice-sewell on PROD1PC66 with RULES
Reconsideration, the Commission
determined that if PCOs relocate to the
12.7–13.2 GHz and 17.7–18.3 GHz
frequency bands, the geographic
separation between the incumbent
systems and the relocated PCOs would
result in only rare instances where the
frequency paths would intersect in a
way that would require site shielding or
other mitigating measures necessary to
prevent mutually unacceptable
interference. As such, the Commission
determined in the Second Order on
Reconsideration that MVPDs could
relocate to either the CARS band (12.7–
13.2 GHz) or to 17.7–18.3 GHz. In view
of these prior determinations in the
allocation proceeding, we conclude that
it is not within the scope of the instant
service-rules proceeding to reconsider
wholesale determinations regarding
acceptable designations of terrestrial
operations for these bands made in IB
Docket No. 98–172. In this connection,
we note that Alcatel and FWCC/NSMA
subsequently informed the Commission
that they no longer oppose expanding
18 GHz spectrum for final video links.
As such, and in accordance with the
determination made in IB Docket No.
98–172 that terrestrial users, e.g.,
MVPDs and other FS users, could and
would share portions of the terrestrial
18 GHz band, we are adopting the
proposal in the NPRM to allow the 17.8–
18.3 GHz sub-band to be used for the
final radio frequency link to distribute
video.
3. MVPD Designation at 17.7–17.8 GHz
16. MVPD Designation at 17.7–17.8
GHz. As noted, the NPRM did not
propose to designate for MVPDs the
one-hundred megahertz of spectrum at
17.7–17.8 GHz, which is allocated on a
shared, co-primary basis to FS (parts 74,
78, and 101) and FSS (Earth-to-space),
with the FSS allocation limited to feeder
links for broadcasting satellite service.10
Coordination is required between FS
and FSS because there is a potential for
interference from FSS uplinks into
receiving FS facilities. IMCC contends,
however, that to have a reasonably cost
effective transmission solution to
compete with large telecommunications
and cable companies, PCOs need access
to the full 600 megahertz of spectrum
contemplated for MVPDs in the CARS
Eligibility Order and the Second Order
on Reconsideration. This appears to be
a reasonable assertion as cable systems
usually use 550 MHz or more of
spectrum. Moreover, in a particular
location, even the full 600 megahertz
may not be available contiguously due
10 See 47 CFR 2.106 (Table of Allocations) and US
Footnote 271.
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
to the presence of other users.11
Additionally, we acknowledge IMCC’s
point that the OET CARS Study (the
Study) that found sufficient capacity (in
the 12 GHz and the terrestrial 18 GHz
bands) to accommodate the relocation of
terrestrial licensees adopted in IB
Docket No. 98–172 included the 100
megahertz of spectrum at 17.7–17.8
GHz.
17. As noted above, some commenters
initially objected to use of spectrum
below 18.142 MHz by video providers
but these objections were subsequently
withdrawn. IMCC has persuaded us that
providing MVPDs access to the full 600
megahertz of spectrum, as contemplated
in the OET CARS Band Study, is
necessary and appropriate to promote
competition in the video distribution
industry.
4. Protection of Federal Government
Operations Near Denver, CO, and
Washington, DC
18. On March 3, 2006, the National
Telecommunications and Information
Administration (NTIA) filed a letter
with the Commission in this proceeding
stating concerns with the possibility of
harmful interference to a limited
number of Federal Government earth
station facilities near Denver, Colorado
and Washington, DC, from MVPD
operations in the 17.7–17.8 GHz subband.12
19. NTIA requests that if the
Commission chooses to permit MVPDs
in the band, the Commission extend
protection of these receiving Federal
Government earth stations to the band
17.7–17.8 GHz in the geographic areas
identified in § 1.924(e) of the
Commission’s rules for the 17.8–20.2
GHz band.13 NTIA avers that this result
would be implemented with minimum
impact on MVPDs through the adoption
of the following footnote to the Table of
Allocations, 47 CFR 2.106, and the
implementation of associated changes to
existing rules in parts 1, 74, and 78, and
11 ‘‘Access to the full 600 [megahertz at] 17.7–18.3
GHz is necessary * * * if PCOs are to have * * *
any chance of managing the ‘patchwork quilt’ of
unblocked and blocked frequencies * * * as PCO
services grow * * * and PCOs are forced to
abandon use of the 18.3–18.58 band.’’ IMCC Reply
Comments at 7.
12 See Letter from Fredrick R. Wentland,
Associate Administrator, Office of Spectrum
Management, NTIA, U.S. Department of Commerce,
to Julius Knapp, Deputy Chief, Office of
Engineering and Technology, FCC, dated March 3,
2006 (NTIA Letter). NTIA explains that while the
rechannelization proposed in the 18 GHz
Rechannelization Notice would not adversely
impact Federal operations, comments in this
proceeding from the fixed services community
request that the Commission allow MVPD
operations in the 17.7–17.8 GHz band. NTIA Letter
at 1.
13 NTIA Leter at 1, n2.
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
§ 101.31, the last by extending to
MVPDs at 17.7–17.8 GHz the existing
prohibition on the early commencement
of operations at 17.8–19.7 GHz pending
coordination with the Federal
Government.
USXXX—In the band 17.7–17.8 GHz, Federal
earth stations in the fixed-satellite service
(space-to-Earth) may be authorized in the
Denver, CO and Washington, DC areas on a
primary basis. Before commencement of
operations, non-Federal fixed service
applications supporting Multichannel Video
Programming Distributors (MVPD) shall be
coordinated through the Frequency
Assignment Subcommittee of the
Interdepartmental Radio Advisory
Committee.
20. NTIA acknowledges that many
fixed services with differing
characteristics already operate in the
band 17.7–17.8 GHz without
coordination with the Federal
Government earth stations in the
specified locations. Accordingly, NTIA
emphasizes that it does not seek to
require coordination of fixed services
already authorized in the band 17.7–
17.8 GHz, for which coordination has
not been previously required.14
21. Based on the record before us, we
find that adopting the protections that
NTIA has requested would serve the
public interest. We find that NTIA’s
request is a reasonable mechanism to
protect Federal Government earth
stations that may be authorized in the
Denver Colorado, and Washington, D.C.
areas. Accordingly, we make changes to
parts 1, 2, 74, 78, and 101 of the
Commission’s rules to implement
NTIA’s request with respect to
applications for new (or major
modifications to existing) MVPD
operations. In this regard, we
acknowledge that the NPRM stated that
rechannelization of Broadcast Auxiliary
Services (part 74) and Cable Television
Relay Service (part 78) spectrum, which
share the terrestrial 18 GHz band with
FS (part 101) would be addressed in a
separate proceeding. The Commission
also, however, gave notice that licensees
in parts 74 and 78 could be affected
because of the shared use of these
terrestrial services.15 Given the
important public policy objective of
protecting federal facilities from
interference, we are implementing
NTIA’s proposal for the 17.7–17.8 GHz
14 Id.
at 2–3.
18 GHz Rechannelization NPRM, 19 FCC
Rcd at 7265 paragraph 8. We also note that in the
Second Order on Reconsideration, the Commission
determined that MVPDs licensed under part 101
could relocate to specified bands that are
administered under part 78 or part 101.
15 See
E:\FR\FM\29NOR1.SGM
29NOR1
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
band for all three rule parts (parts 74, 78
and 101).
5. MVPD Flexibility at 17.7–18.3 GHz
cprice-sewell on PROD1PC66 with RULES
22. In the NPRM, the Commission
proposed rules permitting MVPD
providers to use whatever size channels
in contiguous spectrum that they deem
necessary to accommodate analog or
digital transmission techniques
provided that they have properly
coordinated the necessary emission
designators and power criteria.16 We
adopt that proposal for the entire band
17.7–18.3 GHz for MVPD operators.
23. Comsearch disagrees with the
Commission’s flexibility approach and
states that cable television distribution
and MVPDs are closely tied to a 6
megahertz channel plan. Comsearch
contends that orderly spectrum
management demands that a 6
megahertz channel plan should be
added to this segment to accommodate
MVPDs. Comsearch further states that
PCOs and MVPDs could use either this
6 megahertz plan or any of the other
plans (5 megahertz, 10 megahertz, etc.),
but should not have total flexibility to
use whatever channels and bandwidth
they choose.
24. We are not persuaded that
adopting a six megahertz plan is
necessary. In furtherance of our
spectrum management goals for the
terrestrial 18 GHz band, we adopt rules
for permitting MVPD providers to use
contiguous blocks of spectrum in order
to accommodate their video delivery
needs. The Commission recognizes that
a de-facto six-megahertz channelization
scheme exists because the current
availability of both analog and digital
video processing equipment, in-home
set-top boxes, and television sets is
designed for six megahertz channels.
However, we do believe that providing
MVPDs with channel flexibility does
not inhibit them from still operating
within the existing, de-facto
channelization scheme if they so
choose. Adding operational flexibility to
accommodate operators who wish to use
alternate channel plans, should the
opportunity or need arise, does not
prevent the continued use of the six
megahertz scheme and is therefore in
the public interest.
16 As required by 47 CFR 1.924(e), modification
of an existing station license in this band which
would change the frequency, power, emission,
modulation, polarization, antenna height or
directivity, or location of such a station, must be
coordinated with the Federal Government by the
Commission before an authorization will be issued.
Compression techniques can be changed within
certain emission designations without requiring an
application.
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
6. 18.3–18.58 GHz
25. We find that it is in the public
interest to adopt the proposal in the
NPRM to retain the 18.3–18.58 GHz subband for grandfathered MVPDs given its
adjacency to the 17.7–18.3 GHz band
that we are designating for MVPDs
today.17 We believe this approach is
appropriate because it preserves the
status of the grandfathered terrestrial
licensees in the 18.3–18.58 GHz subband and their ability to continue
operating. Together with the 17.7–18.3
GHz band, this provides MVPDs with
access to a total of 880 megahertz (17.7–
18.58 GHz), albeit with 280 megahertz
limited to grandfathered licensees that
operate on a co-primary basis with FSS
until 2012, after which they will operate
on a non-protected and non-interfering
basis to FSS.
26. In furtherance of our spectrum
management goals of encouraging
efficient use of spectrum for the 18 GHz
band, we adopt rules allowing emission
and channelization flexibility from 18.3
to 18.58 GHz for MVPDs. We find that
extending emission and channelization
flexibility will allow MVPDs to
efficiently use spectrum in this subband without causing unacceptably high
levels of interference with other
licensees; however, certain stations that
remain co-primary [in the 18.3–19.3
GHz band] may not make modifications
to their systems that increase
interference to satellite earth stations, or
result in a facility that would be more
costly to relocate. In the event that a
FSS licensee intends to turn on a system
within interference range of the
incumbent licensee, the incumbent
licensee would have to cease operations
or relocate in accordance with our rules.
Also, incumbent licensees are cautioned
that all major modifications and certain
extensions of existing systems will
render those links secondary to FSS
operations pursuant to § 101.97(a) of the
Commissions rules. We believe that
providing emission and channelization
flexibility in the 18.3 to 18.58 GHz
segment, in conjunction with flexible
usage rules for the 17.7–18.3 GHz band,
will give MVPD licensees access to large
blocks of spectrum to more effectively
provide video services in an efficient
manner for the duration of their
grandfathered status. We note that IMCC
filed comments supporting our proposal
to extend flexible use to the 18.3–18.58
GHz sub-band. We conclude, based on
the evidence available in the record, and
17 The Commission decided in IB Docket No. 98–
172 that no applications for new part 101 stations
in the 18.3–18.58 GHz band would be accepted after
November 19, 2002. Then-existing part 101
applications and licenses were grandfathered.
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
69043
the amount of spectrum available to
MVPDs licensees, that such changes are
necessary to fully effectuate the
Commission’s efforts to provide MVPD
licensees additional operational
flexibility and increased access to the
terrestrial 18 GHz band.
7. Streamlined Process for MVPD
Conversion to Digital Modulation
27. In furtherance of our goals to
provide regulatory relief to licensees
transitioning to the 18 GHz band and
encourage efficient use of spectrum, we
conclude that MVPD licensees should
have flexibility to move from analog to
digital emissions, choose the size of
each channel, and use whatever
compression techniques they wish. Our
licensing records reflect that most of the
MVPD operations subject to relocation
are analog systems. As discussed above,
we anticipate that many of these
systems will convert to digital either at
the end of their analog-equipment
lifecycle or in response to market
incentives. In this connection, we are
concerned that MVPDs that must
relocate prior to converting to digital
could incur significant, duplicative
costs associated with the coordination
and licensing process for (1) spectral
relocation and, later, (2) for digital
conversion. To minimize the potential
for duplicative costs, we conclude that
MVPD licensees should have the option
to specify analog and digital emission
designators (each of which must be
coordinated) on one application. In this
connection, we are adopting a revision
to § 101.63 of the Commission’s rules to
allow MVPD licensees to meet their
construction requirement and not
automatically surrender their license as
long as they are operating a system
using either an authorized analog or
digital emissions. Accordingly, such
MVPD licensees will be authorized to
operate using one or both modulations,
e.g., the licensee can operate its analog
system and later convert to digital
without having to file another,
coordinated application. Once the
licensee has completed the transition to
digital, the license can remove the
unused analog emission designator(s)
the next time a modification or renewal
application is filed.18 In adopting these
measures we reduce the regulatory
burden on licensees and encourage
flexible and more efficient use of
spectrum.
18 Construction of any authorized facility or
frequency must be completed by the date specified
in the license as pursuant to § 1.946.
E:\FR\FM\29NOR1.SGM
29NOR1
69044
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
IV. Procedural Matters
28. Final Regulatory Flexibility
Analysis. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
NPRM in WT Docket 04–143. The
Commission sought written public
comment on the proposals in the NPRM,
including comment on the IRFA. This
present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
FRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration.
cprice-sewell on PROD1PC66 with RULES
A. Need for, and Objectives of, the
Report and Order
In this Report and Order, we revise
our rules to reduce regulatory burdens
for 18 GHz band terrestrial Fixed
Microwave Services (FS) licensees that
are subject to involuntary relocation
from the 18.3–19.3 GHz band pursuant
to the Commission’s reallocation of that
band for exclusive satellite services use
in IB Docket No. 98–172. These FS
licensees will relocate to spectrum at
17.7–18.3 GHz and 19.3–19.7 GHz,
where part 101 currently designates
channel sizes that are too large relative
to the needs of some relocating point-topoint microwave licensees and too
small relative to the needs of relocating
private cable operators (PCOs) and other
multichannel video programming
distributors (MVPDs). The instant
Report and Order revises the rules to
add new channel sizes in both bands
along with special rules for MVPDs
within the 17.7–18.3 GHz band, thereby
facilitating the relocation.
Specifically, we adopt a revised band
plan for the FS paired and unpaired
spectrum at 17.7–18.3 GHz and 19.3–
19.7 GHz, consisting of a variety of
channel bandwidths, primarily by
adding narrower bandwidths and a
block of unpaired spectrum from 17.7–
17.74 GHz. In addition, we designate a
contiguous 600 megahertz block of oneway spectrum from 17.7–18.3 GHz for
use by MVPDs, who will have flexibility
within this block to determine the
appropriate bandwidths and other
technical parameters of their MVPD
operations. We also provide channel
flexibility to grandfathered MVPDs in
the 18.3–18.58 GHz band, which was
previously designated for non-primary
use by MVPDs. In the 17.7–17.8 GHz
band, we protect Federal earth stations
in the fixed-satellite service (space-toEarth) that may be authorized in Denver,
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
Colorado, and Washington, D.C., and
require all MVPD applications (under
parts 74, 78, or 101) within the 17.7–
17.8 GHz band near those areas to be
coordinated with the Federal
Government by the Commission before
an authorization will be issued.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
Supplemental IRFA
There were no comments filed that
specifically addressed the rules and
policies proposed in the IRFA.
C. Description and Estimate of the
Number of Small Entities to Which
Rules Will Apply
The RFA directs agencies to provide
a description of and, where feasible, an
estimate of the number of entities that
will be affected by the rules. The RFA
defines ‘‘small entity’’ as having the
same meaning as the term ‘‘small
business,’’ ‘‘small organization,’’ and
‘‘small governmental jurisdiction.’’ In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act, unless the Commission
has developed one or more definitions
that are appropriate to its activities.
Under the Small Business Act, a ‘‘small
business concern’’ is one that: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) meets any additional criteria
established by the Small Business
Administration (SBA).
Fixed Microwave Services: The
rechannelization will affect all common
carrier and private operational fixed
microwave licensees who are authorized
under Part 101 of the Commission’s
rules for use of the 18 GHz spectrum.
Microwave services include common
carrier, private-operational fixed, and
broadcast auxiliary radio services. At
present, there are approximately 36,708
common carrier fixed licensees and
59,291 private operational-fixed
licensees and broadcast auxiliary radio
licensees in the microwave services.
The Commission has not yet defined a
small business with respect to
microwave services. For purposes of the
FRFA, we will use the SBA’s definition
applicable to Cellular and other
Wireless Telecommunications
companies—i.e., an entity with no more
than 1,500 persons. According to
Census Bureau data for 1997, there were
977 firms in this category, total, that
operated for the entire year. Of this
total, 965 firms had employment of 999
or fewer employees, and an additional
twelve firms had employment of 1,000
employees or more. Thus, under this
size standard, a majority of firms can be
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
considered small. We note that the
number of firms does not necessarily
track the number of licensees. We
estimate that all of the fixed microwave
licensees (excluding broadcast auxiliary
licensees) would qualify as small
entities under the SBA definition.
Small MVPDs: SBA has developed a
small business size standard for cable
and other program distribution services,
which includes all such companies
generating $13.0 million or less in
revenue annually. This category
includes, among others, cable operators,
direct broadcast satellite (‘‘DBS’’)
services, home satellite dish (‘‘HSD’’)
services, multipoint distribution
services (‘‘MDS’’), multichannel
multipoint distribution service
(‘‘MMDS’’), Instructional Television
Fixed Service (‘‘ITFS’’), local multipoint
distribution service (‘‘LMDS’’), satellite
master antenna television (‘‘SMATV’’)
systems and open video systems
(‘‘OVS’’). According to the Bureau of
Census, there were 1,311 total cable and
other pay television service firms that
operate throughout the year of which
1,180 have less than $10 million in
revenue. We will address each service
individually to provide as precise of an
estimate of small entities as available
data allows.
Cable Operator: The Commission has
developed, with SBA’s approval, its
own definition of a small cable system
operator for the purposes of rate
regulation. Under the Commission’s
rules, a ‘‘small cable company,’’ is one
serving fewer than 400,000 subscribers
nationwide. Based on our most recent
information, we last estimated that there
were 1,439 cable operators that qualified
as small cable companies. Since then,
some of those companies may have
grown to serve over 400,000 subscribers,
and others may have been involved in
transactions that caused them to be
combined with other cable operators.
Consequently, we estimate that there are
fewer than 1,439 small entity cable
system operators that may be affected by
the decisions and rules adopted in this
Report and Order. The Communications
Act of 1934, as amended
(Communications Act), also contains a
definition of a small cable system
operator, which is ‘‘a cable operator
that, directly or through an affiliate,
serves in the aggregate fewer than one
percent of all subscribers in the United
States and is not affiliated with any
entity or entities whose gross annual
revenues in the aggregate exceed
$250,000,000.’’ The Commission has
determined that there are 68,500,000
subscribers in the United States.
Therefore, we found that an operator
serving fewer than 685,000 subscribers
E:\FR\FM\29NOR1.SGM
29NOR1
cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
shall be deemed a small operator, if its
annual revenues, when combined with
the total annual revenues of all of its
affiliates, do not exceed $250 million in
the aggregate. Based on available data,
we find that the number of cable
operators serving 677,000 subscribers or
less totals 1,450. Although it seems
certain that some of these cable system
operators are affiliated with entities
whose gross annual revenues exceed
$250,000,000, we are unable at this time
to estimate with greater precision the
number of cable system operators that
would qualify as small cable operators
under the definition in the
Communications Act.
Multichannel Multipoint Distribution
Service (‘‘MMDS’’): MMDS Systems,
often referred to as ‘‘wireless cable,’’
transmit video programming to
subscribers using microwave
frequencies. In connection with the
1996 MMDS auction, the Commission
defined small businesses as entities that
had annual average gross revenues of
less than $40 million in the previous
three calendar years. This definition of
a small entity in the context of MDS
auctions has been approved by the SBA.
The MDS auctions resulted in 67
successful bidders obtaining licensing
opportunities for 493 Basic Trading
Areas (‘‘BTAs’’). Of the 67 auction
winners, 61 met the definition of a small
business. Information available to us
indicates that no MMDS facility
generates revenue in excess of $11
million annually. We conclude that
there are approximately 1634 small
MMDS providers as defined by the SBA
and the Commission’s auction rules.
Satellite Master Antenna Television
(‘‘SMATV’’) Systems: The SBA
definition of small entities for cable and
other program distribution services
includes SMATV services and, thus,
small entities are defined as all such
companies generating $13.0 million or
less in annual receipts. Industry sources
estimate that approximately 5,200
SMATV operators were providing
service as of December 1995. Other
estimates indicate that SMATV
operators serve approximately 1.5
million residential subscribers as of July
2001. The best available estimates
indicate that the largest SMATV
operators serve between 15,000 and
55,000 subscribers each. Most SMATV
operators serve approximately 3,000–
4,000 customers. Because these
operators are not rate regulated, they are
not required to file financial data with
the Commission. Furthermore, we are
not aware of any privately published
financial information regarding these
operators. Based on the estimated
number of operators and the estimated
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
number of units served by the largest
ten SMATVs, we believe that a
substantial number of SMATV operators
qualify as small entities.
Open Video Systems (‘‘OVS’’):
Because OVS operators provide
subscription services, OVS falls within
the SBA-recognized definition of cable
and other program distribution services.
This definition provides that a small
entity is one with $13.0 million or less
in annual receipts. The Commission has
certified 25 OVS operators with some
now providing service. Affiliates of
Residential Communications Network,
Inc. (RCN) received approval to operate
OVS systems in New York City, Boston,
Washington, DC and other areas. RCN
has sufficient revenues to assure us that
they do not qualify as small business
entities. Little financial information is
available for the other entities
authorized to provide OVS service but
have not yet begun to generate revenues,
we conclude that at least some of the
OVS operators qualify as small entities.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
Under the decisions contained in the
Report and Order, we are effecting a
change wherein we will allow 18 GHz
band applicants to operate on spectrum
utilizing different bandwidth channels
in addition to the ones already in
existence. The decisions do not include
any changes in the language of FCC
Forms nor do they require extra filings.
We are also allowing certain flexibility
for some future modifications to be
achieved without the necessity of filing
further applications. To protect Federal
Government earth stations that may be
authorized in the Denver, Colorado, and
Washington, DC, areas, we adopt
provisions requested by the National
Telecommunications and Information
Administration (NTIA) whereby the
Commission will coordinate through the
Frequency Assignment Subcommittee of
the Interdepartment Radio Advisory
Committee (IRAC) applications in the
17.7–17.8 GHz band for MVPD
operations.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities and
Significant Alternatives Considered
The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
69045
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
In this Report and Order, we revise
our rules to reduce regulatory burdens
for 18 GHz band terrestrial FS licensees
that are subject to involuntary relocation
from the 18.3–19.3 GHz band pursuant
to the Commission’s reallocation of that
band for exclusive satellite services use
in IB Docket No. 98–172. These FS
licensees will relocate to spectrum at
17.7–18.3 GHz and 19.3–19.7 GHz,
where part 101 currently designates
channel sizes that are too large relative
to the needs of some relocating point-topoint microwave licensees and too
small relative to the needs of relocating
PCOs and other MVPDs. The instant
Report and Order revises the rules to
add new channel sizes in both bands
along with special rules for MVPDs
within the 17.7–18.3 GHz band, thereby
facilitating the relocation.
Specifically, we adopt a revised band
plan for the FS paired and unpaired
spectrum at 17.7–18.3 GHz and 19.3–
19.7 GHz, consisting of a variety of
channel bandwidths, primarily by
adding narrower bandwidths, and a
block of unpaired spectrum from 17.7–
17.74 GHz. In addition, we permit
applicants to request any amount of
spectrum available based on their
specific needs. We find that this
flexibility will promote the more
efficient use of the terrestrial 18 GHz
band by allowing FS licensees to request
the amount of spectrum that they need,
rather than having to request larger
bandwidth channels or seek a waiver of
the Commission’s rules. The additional
flexibility and the elimination of the
regulatory burden of seeking waivers
will also promote small entities’ access
to spectrum for FS operations, both as
relocating incumbents and as new
entrants. Further, we find that
permitting unpaired use by any FS
licensee of the 17.7–17.74 GHz sub-band
will provide additional opportunities
for small entities to access spectrum.
Moreover, licensees will be permitted to
pair channels in the 17.7–17.74 GHz
sub-band with other channels in the
terrestrial 18 GHz band.
In addition, the Report and Order
designates a contiguous 600 megahertz
block of one-way spectrum from 17.7–
18.3 GHz for use by MVPDs, who will
have flexibility within such block to
determine the appropriate bandwidths
and other technical parameters of their
MVPD operations. Although the
Commission originally proposed to
E:\FR\FM\29NOR1.SGM
29NOR1
69046
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
designate only a 500 megahertz block
for use by MVPDs, we conclude in this
Report and Order that the additional
100 megahertz of spectrum will offer
small entities a reasonably cost effective
transmission solution to compete with
large telecommunications and cable
companies.
In this Report and Order, we also
provide channel flexibility to
grandfathered MVPDs in the 18.3–18.58
GHz band, which was previously
designated for non-primary use by
MVPDs. Specifically, we find that it is
in the public interest to adopt the
proposal in the NPRM to retain the
18.3–18.58 GHz sub-band for
grandfathered MVPDs given its
adjacency to the 17.7–18.3 GHz band
that we are designating for MVPDs
today. We believe this approach is
appropriate because it preserves the
status of the grandfathered terrestrial
licensees in the 18.3–18.58 GHz subband, many of which are small entities.
cprice-sewell on PROD1PC66 with RULES
We also adopt a requirement that all
MVPD applications (under parts 74, 78,
or 101) seeking authority to operate in
the 17.7–17.8 GHz band near Denver,
Colorado, and Washington, DC be
coordinated with the Federal
Government by the Commission before
an authorization will be issued in order
to protect government satellite
operations in those areas. The
Commission considered requiring
applicants to coordinate their
applications directly with IRAC at the
same time of filing their applications
with the Commission. However, we find
that it may be less burdensome on small
entities if the Commission were to
coordinate the applications through
IRAC rather than requiring applicants to
do so. In addition, we sought to
minimize the potential burden on all
entities by limiting both the scope of
operations and geographical areas that
will be subject to this requirement.
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
F. Report to Congress
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
29. Paperwork Reduction Analysis.
This Report and Order does not contain
either a proposed or modified
information collection.
Commission hereby amends 47 CFR
parts 1, 2, 74, 78, and 101 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
I
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, and 303(r).
List of Subjects
2. Section 1.924 is amended by adding
a new paragraph (e)(4) to read as
follows:
47 CFR Part 1
§ 1.924
Administrative practice and
procedure, Communications common
carriers, Environmental impact
statements, Radio, Reporting and
recordkeeping requirements,
Telecommunications.
I
Quiet zones.
47 CFR Part 74
*
*
*
*
(e) * * *
(4) In the band 17.7–17.8 GHz, fixed
service applications, under parts 74, 78,
or 101 of this chapter, supporting
Multichannel Video Programming
Distributors shall be coordinated with
the Federal Government by the
Commission before an authorization
will be issued if the station or proposed
station is located in whole or in part
within any of the areas defined in
paragraphs (e)(1) or (e)(2) of this section.
*
*
*
*
*
Communications equipment,
Education, Radio, Reporting and
recordkeeping requirements, Research,
Television.
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
47 CFR Part 78
I
Cable television, Communications
equipment, Radio, Reporting and
recordkeeping requirements.
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
47 CFR Part 101
I
47 CFR Part 2
Communications equipment, Radio,
Reporting and recordkeeping
requirements, Telecommunications,
Television, Wiretapping and electronic
surveillance.
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
I
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
*
3. The authority citation for part 2
continues to read as follows:
4. Section 2.106, the Table of
Frequency Allocations, is amended as
follows:
I a. Revise page 49.
I b. In the list of United States (US)
footnotes, add footnote US401.
§ 2.106
Table of Frequency Allocations.
The revisions and additions read as
follows:
*
*
*
*
*
BILLING CODE 6712–01–P
E:\FR\FM\29NOR1.SGM
29NOR1
69047
BILLING CODE 6712–01–C
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
E:\FR\FM\29NOR1.SGM
29NOR1
ER29NO06.000</GPH>
cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
69048
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
*
*
*
*
Denver, CO Area
*
UNITED STATES (US) FOOTNOTES
*
*
*
*
*
US401 In the band 17.7–17.8 GHz,
Federal earth stations in the fixedsatellite service (space-to-Earth) may be
authorized in the Denver, CO and
Washington, DC areas on a primary
basis. Before commencement of
operations, non-Federal fixed service
applications supporting Multichannel
Video Programming Distributors
(MVPD) shall be coordinated through
the Frequency Assignment
Subcommittee of the Interdepartment
Radio Advisory Committee.
*
*
*
*
*
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
5. The authority citation for part 74
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303, 307, 336(f),
336(h) and 554.
6. Section 74.25 is amended by
revising paragraph (c) (3) to read as
follows:
I
§ 74.25 Temporary conditional operating
authority.
*
*
*
*
*
(c) * * *
(3) If operated on frequencies in the
17.8–19.7 GHz band for any services or
on frequencies in the 17.7–17.8 GHz
band for MVPD operations, the station
site does not lie within any of the areas
identified in § 1.924 of this chapter.
*
*
*
*
*
I 7. Section 74.32 is revised to read as
follows:
cprice-sewell on PROD1PC66 with RULES
§ 74.32 Operation in the 17.7–17.8 GHz and
17.8–19.7 GHz bands.
(a) To minimize or avoid harmful
interference to Federal Government
Satellite Earth Stations located in the
Denver, Colorado and Washington, DC
areas, any application for a new station
license to provide MVPD operations in
the 17.7–17.8 GHz band or to operate in
the 17.8–19.7 GHz band for any service,
or for modification of an existing station
license in these bands which would
change the frequency, power, emission,
modulation, polarization, antenna
height or directivity, or location of such
a station, must be coordinated with the
Federal Government by the Commission
before an authorization will be issued,
if the station or proposed station is
located in whole or in part within any
of the areas defined by the following
rectangles or circles:
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
Rectangle 1:
41°30′00″ N. Lat. on the north
103°10′00″ W. Long. on the east
38°30′00″ N. Lat. on the south
106°30′00″ W. Long. on the west
Rectangle 2:
38°30′00″ N. Lat. on the north
105°00′00″ W. Long. on the east
37°30′00″ N. Lat. on the south
105°50′00″ W. Long. on the west
Rectangle 3:
40°08′00″ N. Lat. on the north
107°00′00″ W. Long. on the east
39°56′00″ N. Lat. on the south
107°15′00″ W. Long. on the west
Washington, DC Area
Rectangle:
38°40′00″ N. Lat. on the north
78°50′00″ W. Long. on the east
38°10′00″ N. Lat. on the south
79°20′00″ W. Long. on the west
or
(b) Within a radius of 178 km of
38°48′00″ N. Lat./76°52′00″ W. Long.
(c) In addition, no application seeking
authority for MVPD operations in the
17.7–17.8 GHz band or to operate in the
17.8–19.7 GHz band for any service will
be accepted for filing if the proposed
station is located within 20 km of the
following coordinates:
Denver, CO area: 39°43′00″ N. Lat./
104°46′00″ W. Long.
Washington, DC area: 38°48′00″ N.
Lat./ 76°52′00″ W. Long.
Note to § 74.32: The coordinates cited
in this section are specified in terms of
the ‘‘North American Datum of 1983
(NAD 83)’’ with an accuracy of 30
meters with respect to the ‘‘National
Spacial Reference System’’.
PART 78—CABLE TELEVISION RELAY
SERVICE
8. The authority citation for part 78
continues to read as follows:
I
Authority: Secs. 2, 3, 4, 301, 303, 307, 308,
309, 48 Stat., as amended, 1064, 1065, 1066,
1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152,
153, 154, 301, 303, 307, 308, 309.
9. Section 78.19 is amended by
revising paragraphs (f) introductory text
and (f)(2) introductory text to read as
follows:
I
§ 78.19
Interference.
*
*
*
*
*
(f) Protection to the Federal
Government’s receive earth station
operations in the Denver, Colorado and
Washington D.C. areas in the 17,700 to
19,700 MHz band.
*
*
*
*
*
(2) To minimize or avoid harmful
interference to Government Satellite
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Earth Stations located in the Denver,
Colorado and Washington, DC areas,
any application for a new station license
for MVPD operations in the 17.7–17.8
GHz band or to operate in the 17.8–19.7
GHz band for any service, or for
modification of an existing station
license in these bands which would
change the frequency, power, emission,
modulation, polarization, antenna
height or directivity, or location of such
a station, must be coordinated with the
Federal Government by the Commission
before an authorization will be issued,
if the station or proposed station is
located in whole or in part within any
of the areas defined by the following
rectangles or circles:
*
*
*
*
*
PART 101—FIXED MICROWAVE
SERVICES
10. The authority citation for part 101
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303.
11. Section 101.31 is amended by
revising paragraphs (a)(3) and (b)(1)(v)
to read as follows:
I
§ 101.31 Temporary and conditional
authorizations.
(a) * * *
(3) Operations in the 17.8–19.7 GHz
band for any services and in the 17.7–
17.8 GHz band for MVPD operations are
prohibited in the areas defined in
§ 1.924 of this chapter. Operations
proposed in the areas defined in § 1.924
of this chapter may not commence
without prior specific notification to,
and authorization from, the
Commission.
(b) * * *
(1) * * *
(v) The station site does not lie within
56.3 kilometers of any international
border, within areas identified in
§§ 1.924(a) through (d) of this chapter
unless the affected entity consents in
writing to conditional operation or, if
for any services on frequencies in the
17.8–19.7 GHz band and for MVPD
operations in the 17.7–17.8 GHz band,
within any of the areas identified in
§ 1.924 of this chapter;
*
*
*
*
*
I 12. Section 101.63 is amended by
adding paragraph (g) to read as follows:
§ 101.63 Period of construction;
certification of completion of construction.
*
*
*
*
*
(g) MVPD licensees which have both
analog and digital emissions designators
specified on the license and which
already have, or may transition from
analog to digital operations, or a
combination of both, meet their
E:\FR\FM\29NOR1.SGM
29NOR1
69049
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
completion of construction
requirements and do not automatically
surrender their license provided they
are using either set of emissions. If the
licensee has completed the transition to
digital, the license can remove the
unused analog emission designators the
next time a modification or renewal
application is filed.
I 13. Section 101.147 is amended by
revising paragraph (r) to read as follows:
§ 101.147
Frequency assignments.
cprice-sewell on PROD1PC66 with RULES
*
*
*
*
*
(r) 17,700 to 19,700 and 24,250 to
25,250 MHz: Operation of stations using
frequencies in these bands is permitted
to the extent specified in this paragraph.
Until November 19, 2012, stations
operating in the band 18.3–18.58 GHz
that were licensed or had applications
pending before the Commission as of
November 19, 2002 shall operate on a
shared co-primary basis with other
services under parts 21, 25, 74, and 78
of this chapter. Until October 31, 2011,
operations in the band 19.26–19.3 GHz
and low power systems operating
pursuant to paragraph (r)(10) of this
section shall operate on a co-primary
basis. Until June 8, 2010, stations
operating in the band 18.58–18.8 GHz
that were licensed or had applications
pending before the Commission as of
June 8, 2000 may continue those
operations on a shared co-primary basis
with other services under parts 21, 25,
74, and 78 of this chapter. Until June 8,
2010, stations operating in the band
18.8–19.3 GHz that were licensed or had
applications pending before the
Commission as of September 18, 1998
may continue those operations on a
shared co-primary basis with other
services under parts 21, 25, 74, and 78
of this chapter. After November 19,
2012, stations operating in the band
18.3–18.58 GHz are not entitled to
protection from fixed-satellite service
operations and must not cause
unacceptable interference to fixedsatellite service station operations. After
June 8, 2010, operations in the 18.58–
19.30 GHz band are not entitled to
protection from fixed-satellite service
operations and must not cause
unacceptable interference to fixedsatellite service station operations. After
November 19, 2002, no applications for
new stations for 47 CFR part 101
licenses will be accepted in the 18.3–
18.58 GHz band. After June 8, 2000, no
applications for new stations for 47 CFR
part 101 licenses will be accepted in the
18.58–19.3 GHz band. Licensees, except
24 GHz band licensees, may use either
a two-way link or one frequency of a
frequency pair for a one-way link and
must coordinate proposed operations
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
pursuant to the procedures required in
§ 101.103 of this subpart. (Note,
however, that stations authorized as of
September 9, 1983, to use frequencies in
the band 17.7–19.7 GHz may, upon
proper application, continue to be
authorized for such operations,
consistent with the above conditions
related to the 18.58–19.3 GHz band.)
Applicants for one-way spectrum from
17.7–18.58 GHz for multichannel video
programming distribution are governed
by paragraph (r)(6) of this section.
Licensees are also allowed to use oneway (unpaired) channels in the 17.7–
17.74 GHz sub-band to pair with other
channels in the FS portions of the 18
GHz band where, for example, the
return pair is already in use and
therefore blocked or in TDD systems.
Stations used for MVPD operations in
the 17.7–17.8 GHz band must
coordinate with the Federal Government
before operating in the zones specified
in § 1.924(e) of this chapter.
(1) 1.25 Megahertz maximum
authorized bandwidth channels:
Transmit (receive) (MHz)
17700.625
17701.875
17703.125
17704.375
17705.625
17706.875
17708.125
17709.375
17710.625
17711.875
17713.125
17714.375
17715.625
17716.875
17718.125
17719.375
17721.625
17722.875
17723.125
17724.375
17725.625
17726.875
17728.125
17729.375
17730.625
17731.875
17733.125
17734.375
17735.625
17736.875
17738.125
17739.375
18060.625
18061.875
18063.125
18064.375
18065.625
18066.875
18068.125
18069.375
18070.625
PO 00000
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
Frm 00053
Fmt 4700
Sfmt 4700
Receive
(transmit)
(MHz)
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
19620.625
19621.875
19623.125
19624.375
19625.625
19626.875
19628.125
19629.375
19630.625
Transmit (receive) (MHz)
18071.875
18073.125
18074.375
18075.625
18076.875
18078.125
18079.375
18080.625
18081.875
18083.125
18084.375
18085.625
18086.875
18088.125
18089.375
18090.625
18091.875
18093.125
18094.375
18095.625
18096.875
18098.125
18099.375
18100.625
18101.875
18103.125
18104.375
18105.625
18106.875
18108.125
18109.375
18110.625
18111.875
18113.125
18114.375
18115.625
18116.875
18118.125
18119.375
18120.625
18121.875
18123.125
18124.375
18125.625
18126.875
18128.125
18129.375
18130.625
18131.875
18133.125
18134.375
18135.625
18136.875
18138.125
18139.375
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
Receive
(transmit)
(MHz)
19631.875
19633.125
19634.375
19635.625
19636.875
19638.125
19639.375
19640.625
19641.875
19643.125
19644.375
19645.625
19646.875
19648.125
19649.375
19650.625
19651.875
19653.125
19654.375
19655.625
19656.875
19658.125
19659.375
19660.625
19661.875
19663.125
19664.375
19665.625
19666.875
19668.125
19669.375
19670.625
19671.875
19673.125
19674.375
19675.625
19676.875
19678.125
19679.375
19680.625
19681.875
19683.125
19684.375
19685.625
19686.875
19688.125
19689.375
19690.625
19691.875
19693.125
19694.375
19695.625
19696.875
19698.125
19699.375
(2) 2 Megahertz maximum authorized
bandwidth channel:
Transmit (receive) (MHz)
Receive
(transmit)
(MHz)
18141.0 .....................................
(3) 2.5 Megahertz maximum
authorized bandwidth channels:
E:\FR\FM\29NOR1.SGM
29NOR1
N/A
69050
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
Transmit (receive) (MHz)
17701.25
17703.75
17706.25
17708.75
17711.25
17713.75
17716.25
17718.75
17721.25
17723.75
17726.25
17728.75
17731.25
17733.75
17736.25
17738.75
18061.25
18063.75
18066.25
18068.75
18071.25
18073.75
18076.25
18078.75
18081.25
18083.75
18086.25
18088.75
18091.25
18093.75
18096.25
18098.75
18101.25
18103.75
18106.25
18108.75
18111.25
18113.75
18116.25
18118.75
18121.25
18123.75
18126.25
18128.75
18131.25
18133.75
18136.25
18138.75
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
Receive
(transmit)
(MHz)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
19621.25
19623.75
19626.25
19628.75
19631.25
19633.75
19636.25
19638.75
19641.25
19643.75
19646.25
19648.75
19651.25
19653.75
19656.25
19658.75
19661.25
19663.75
19666.25
19668.75
19671.25
19673.75
19676.25
19678.75
19681.25
19683.75
19686.25
19688.75
19691.25
19693.75
19696.25
19698.75
(4) 5 Megahertz maximum authorized
bandwidth channels:
Transmit (receive) (MHz)
Receive
(transmit)
(MHz)
Transmit (receive) (MHz)
18817.5* ...................................
cprice-sewell on PROD1PC66 with RULES
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
VerDate Aug<31>2005
13:36 Nov 28, 2006
19102.5*
19107.5*
19112.5*
19117.5*
19122.5*
19127.5*
19132.5*
19137.5*
19142.5*
19147.5*
19152.5*
Jkt 211001
19157.5*
(5) 5 Megahertz maximum authorized
bandwidth channels:
Transmit (receive) (MHz)
Receive
(transmit)
(MHz)
1560 Megahertz Separation
17702.5
17707.5
17712.5
17717.5
17722.5
17727.5
17732.5
17737.5
18062.5
18067.5
18072.5
18077.5
18082.5
18087.5
18092.5
18097.5
18102.5
18107.5
18112.5
18117.5
18122.5
18127.5
18132.5
18137.5
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
19622.5
19627.5
19632.5
19637.5
19642.5
19647.5
19652.5
19657.5
19662.5
19667.5
19672.5
19677.5
19682.5
19687.5
19692.5
19697.5
(6) MVPD use: Multichannel video
programming distributors (MVPDs) can
use any size channels for one-way
operations in the 17.7–18.58 GHz band
for any permissible communications
specified for this band in § 101.603
provided that they have coordinated the
appropriate emission designators and
power, but must request contiguous
spectrum (minus spectrum that is
already licensed or prior coordinated in
the area and thus blocked). MVPD
systems must meet the efficiency
requirements of § 101.141. Spectrum at
18.3–18.58 GHz is only available for
grandfathered stations. See § 101.85.
(7) 10 Megahertz maximum
authorized bandwidth channels:
340 Megahertz Separation (* channels are
no longer available on a primary basis)
18762.5*
18767.5*
18772.5*
18777.5*
18782.5*
18787.5*
18792.5*
18797.5*
18802.5*
18807.5*
18812.5*
Receive
(transmit)
(MHz)
Transmit (receive) (MHz)
Receive
(transmit)
(MHz)
1560 Megahertz Separation (* channels
are no longer available on a primary
basis)
17705.0
17715.0
17725.0
17735.0
17745.0
17755.0
PO 00000
...................................
...................................
...................................
...................................
...................................
...................................
Frm 00054
Fmt 4700
Sfmt 4700
19265.0*
19275.0*
19285.0*
19295.0*
19305.0
19315.0
Transmit (receive) (MHz)
17765.0
17775.0
17785.0
17795.0
17805.0
17815.0
17825.0
17835.0
17845.0
17855.0
17865.0
17875.0
17885.0
17895.0
17905.0
17915.0
17925.0
17935.0
17945.0
17955.0
17965.0
17975.0
17985.0
17995.0
18005.0
18015.0
18025.0
18035.0
18045.0
18055.0
18065.0
18075.0
18085.0
18095.0
18105.0
18115.0
18125.0
18135.0
Receive
(transmit)
(MHz)
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
19325.0
19335.0
19345.0
19355.0
19365.0
19375.0
19385.0
19395.0
19405.0
19415.0
19425.0
19435.0
19445.0
19455.0
19465.0
19475.0
19485.0
19495.0
19505.0
19515.0
19525.0
19535.0
19545.0
19555.0
19565.0
19575.0
19585.0
19595.0
19605.0
19615.0
19625.0
19635.0
19645.0
19655.0
19665.0
19675.0
19685.0
19695.0
340 Megahertz Separation
18585.0*
18595.0*
18605.0*
18615.0*
18625.0*
18635.0*
18645.0*
18655.0*
18665.0*
18675.0*
18685.0*
18695.0*
18705.0*
18715.0*
18725.0*
18735.0*
18745.0*
18755.0*
18765.0*
18775.0*
18785.0*
18795.0*
18805.0*
18815.0*
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
(8) 20 Megahertz maximum
authorized bandwidth channels:
E:\FR\FM\29NOR1.SGM
29NOR1
18925.0*
18935.0*
18945.0*
18955.0*
18965.0*
18975.0*
18985.0*
18995.0*
19005.0*
19015.0*
19025.0*
19035.0*
19045.0*
19055.0*
19065.0*
19075.0*
19085.0*
19095.0*
19105.0*
19115.0*
19125.0*
19135.0*
19145.0*
19155.0*
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
Transmit (receive) (MHz)
Transmit (receive) (MHz)
Receive
(transmit)
(MHz)
1560 Megahertz Separation (* channels
are no longer available on a primary
basis)
17710.0
17730.0
17750.0
17770.0
17790.0
17810.0
17830.0
17850.0
17870.0
17890.0
17910.0
17930.0
17950.0
17970.0
17990.0
18010.0
18030.0
18050.0
18070.0
18090.0
18110.0
18130.0
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
19270.0*
19290.0*
19310.0
19330.0
19350.0
19370.0
19390.0
19410.0
19430.0
19450.0
19470.0
19490.0
19510.0
19530.0
19550.0
19570.0
19590.0
19610.0
19630.0
19650.0
19670.0
19690.0
340 Megahertz Separation
18590.0*
18610.0*
18630.0*
18650.0*
18670.0*
18690.0*
18710.0*
18730.0*
18750.0*
18770.0*
18790.0*
18810.0*
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
18930.0*
18950.0*
18970.0*
18990.0*
19010.0*
19030.0*
19050.0*
19070.0*
19090.0*
19110.0*
19130.0*
19150.0*
(9) 30 Megahertz maximum
authorized bandwidth channels:
Transmit (receive) (MHz)
Receive
(transmit)
(MHz)
cprice-sewell on PROD1PC66 with RULES
1560 Megahertz Separation
17715.0
17755.0
17785.0
17815.0
17845.0
17875.0
17905.0
17935.0
17965.0
17995.0
18025.0
18055.0
18085.0
18115.0
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
N/A
19315.0
19345.0
19375.0
19405.0
19435.0
19465.0
19495.0
19525.0
19555.0
19585.0
19615.0
19645.0
19675.0
(10) 40 Megahertz maximum
authorized bandwidth channels:
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
Receive
(transmit)
(MHz)
1560 Megahertz Separation (* channels are
no longer available on a primary basis)
17720.0
17760.0
17800.0
17840.0
17880.0
17920.0
17960.0
18000.0
18040.0
18080.0
18120.0
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
19280.0*
19320.0
19360.0
19400.0
19440.0
19480.0
19520.0
19560.0
19600.0
19640.0
19680.0
(11) 50 Megahertz maximum
authorized bandwidth channels:
Transmit (receive) (MHz)
Receive
(transmit)
(MHz)
1560 Megahertz Separation
17765.0
17815.0
17865.0
17915.0
17965.0
18015.0
18065.0
18115.0
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
19325.0
19375.0
19425.0
19475.0
19525.0
19575.0
19625.0
19675.0
(12) 80 Megahertz maximum
authorized bandwidth channels:
Transmit (receive) (MHz)
Receive
(transmit)
(MHz)
1560 Megahertz Separation (* channels
are no longer available on a primary
basis)
17740.0
17820.0
17900.0
17980.0
18060.0
...................................
...................................
...................................
...................................
...................................
19300.0*
19380.0
19460.0
19540.0
19620.0
(13) The following frequencies on
channels 35–39 are available for pointto-multipoint systems and are available
by geographic area licensing in the 24
GHz Service to be used as the licensee
desires. The 24 GHz spectrum can be
aggregated or disaggregated and does
not have to be used in the transmit/
receive manner shown except to comply
with international agreements along the
U.S. borders. Channels 35 through 39
are licensed in the 24 GHz Service by
Economic Areas for any digital fixed
service. Channels may be used at either
nodal or subscriber station locations for
transmit or receive but must be
coordinated with adjacent channel and
adjacent area users in accordance with
the provisions of § 101.509 of this
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
69051
subpart. Stations also must comply with
international coordination agreements.
Channel No.
Nodal station
frequency band
(MHz) limits
User station
frequency band
(MHz) limits
(* channels are no longer available on a
primary basis)
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
18,820–18,830
18,830–18,840
18,840–18,850
18,850–18,860
18,860–18,870
18,870–18,880
18,880–18,890
18,890–18,900
18,900–18,910
18,910–18,920
24,250–24,290
24,290–24,330
24,330–24,370
24,370–24,410
24,410–24,450
19,160–19,170*
19,170–19,180*
19,180–19,190*
19,190–19,200*
19,200–19,210*
19,210–19,220*
19,220–19,230*
19,230–19,240*
19,240–19,250*
19,250–19,260*
25,050–25,090
25,090–25,130
25,130–25,170
25,170–25,210
25,210–25,250
(14) Special provision for low power
systems in the 17,700–19,700 MHz
band: Notwithstanding other provisions
in 47 CFR part 101 and except for
specified areas around Washington, DC,
and Denver, Colorado, licensees of
point-to-multipoint channel pairs 25–29
identified in paragraph (r)(13) of this
section may continue to operate in
accordance with the requirements of
§ 101.85 and may operate multiple low
power transmitting devices within a
defined service area. Operations are
prohibited within 55 km when used
outdoor and within 20 km when used
indoor of the coordinates 38 deg.48′ N/
76 deg.52′ W (Washington, DC area) and
39 deg.43′ N/104 deg.46′ W (Denver,
Colorado area). The service area will be
a 28 kilometer omni directional radius
originating from specified center
reference coordinates. The specified
center coordinates must be no closer
than 56 kilometers from any co-channel
nodal station or the specified center
coordinates of another co-channel
system. Applicants/licensees do not
need to specify the location of each
individual transmitting device operating
within their defined service areas. Such
operations are subject to the following
requirements on the low power
transmitting devices:
(i) Power must not exceed one watt
EIRP and 100 milliwatts transmitter
output power;
(ii) A frequency tolerance of 0.001%
must be maintained; and
(iii) The mean power of emissions
shall be attenuated in accordance with
the following schedule:
(A) In any 4 kHz band, the center
frequency of which is removed from the
center frequency of the assigned
channel by more than 50 percent of the
E:\FR\FM\29NOR1.SGM
29NOR1
69052
Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations
channel bandwidth and is within the
bands 18,820–18,870 MHz or 19,160–
19,210 MHz:
A = 35 + .003 (F¥0.5B) dB
or,
80 dB (whichever is the lesser
attenuation).
Where:
A = Attenuation (in decibels) below
output power level contained
within the channel for a given
polarization.
B = Bandwidth of channel in kHz.
F = Absolute value of the difference
between the center frequency of the
4 kHz band measured at the center
frequency of the channel in kHz.
(B) In any 4 kHz band the center
frequency of which is outside the bands
18.820–18.870 GHz: At least 43 + 10 log
P (mean output power in watts)
decibels.
(iv) Low power stations authorized in
the band 18.8–19.3 GHz after June 8,
2000, are restricted to indoor use only.
No new licenses will be authorized for
applications received after April 1,
2002.
*
*
*
*
*
I 14. Section 101.603 is amended by
revising paragraphs (a)(2) and (b)(3) to
read as follows:
§ 101.603
Permissible communications.
(a) * * *
(2) In the frequency bands 6425–6525
MHz, 17,700–18,580 MHz, and on
frequencies above 21,200 MHz,
licensees may deliver any of their own
products and services to any receiving
location;
*
*
*
*
*
(b) * * *
(3) Be used to provide the final RF
link in the chain of transmission of
program material to multichannel video
programming distributors, except in the
frequency bands 6425–6525 MHz and
17,700–18,580 MHz and on frequencies
above 21,200 MHz.
[FR Doc. E6–20167 Filed 11–28–06; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
cprice-sewell on PROD1PC66 with RULES
[ET Docket No. 05–247; FCC 06–157]
Over the Air Reception Devices
(Continental Airlines)
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
VerDate Aug<31>2005
13:36 Nov 28, 2006
Jkt 211001
SUMMARY: This document addresses a
Petition for Declaratory Ruling filed by
Continental Airlines, Inc. (Continental)
pertaining to the installation and use of
a Wi-Fi antenna within its lounge at
Boston-Logan International Airport
(Logan Airport). Continental claims that
the Massachusetts Port Authority
(Massport), the owner of Logan Airport,
has demanded that Continental remove
its Wi-Fi antenna, and that such
restrictions are prohibited by the
Commission’s Over-the-Air Reception
Devices (OTARD) rules. The
Commission finds that Massport’s
restrictions on Continental’s use of its
Wi-Fi antenna are pre-empted by the
OTARD rules and it grants Continental’s
petition.
DATES: Effective November 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Nicholas Oros, Policy and Rules
Division, Office of Engineering and
Technology, (202) 418–0636, e-mail
Nicholas.Oros@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
Memorandum Opinion and Order, ET
Docket No. 05–247, FCC 06–157,
adopted October 17, 2006 and released
November 1, 2006. The full text of this
document is available on the
Commission’s Internet site at
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 Memorandum Opinion
and Order
1. The Commission’s OTARD rules
prohibit restrictions on property that
impair the use of certain antennas.
Restrictions prohibited by the OTARD
rules include lease provisions (as is the
situation here), as well as restrictions
imposed by state or local laws or
regulations, private covenants, contract
provisions, or homeowner’s association
rules. Restrictions are prohibited by the
OTARD rules if they unreasonably delay
or prevent the installation, maintenance,
or use of the antenna; unreasonably
increase the cost of installation,
maintenance or use of the antenna; or
preclude the reception of an acceptable
quality signal via the antenna. No
distinctions are made in the OTARD
rules based upon the setting (e.g.,
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
residential vs. commercial). There are
exceptions in the OTARD rules for
restrictions necessary to address valid
and clearly articulated safety or historic
preservation objectives, provided such
restrictions are narrowly tailored,
impose as little burden as possible, and
apply in a nondiscriminatory manner.
2. The Commission adopted the
OTARD rules in 1996 in response to
Section 207 of the 1996
Telecommunications Act (1996 Act),
which required the Commission to
promulgate rules that ‘‘prohibit
restrictions that impair a viewer’s ability
to receive video programming services’’
via antennas. The 1996 Act had as its
overarching goals promoting
competition in telecommunications,
increasing consumer choice, and
encouraging the rapid deployment of
new technologies. In 1998, the
Commission modified the OTARD rules
to extend their applicability to rental
property. In 2001, the Court of Appeals
for the D.C. Circuit upheld the
Commission’s statutory authority and
discretion to extend OTARD protections
to rental environments and to preempt
any contractual provisions to the
contrary. In 2000 the Commission
extended the OTARD rules to antennas
that transmit or receive fixed wireless
signals.
3. The OTARD rules provide that
parties who are affected by antenna
restrictions may petition the
Commission to determine if the
restrictions are permissible or
prohibited by the rule and sets forth
specific filing procedures. Such a
determination is highly dependent on
the facts alleged by the parties involved.
Continental has filed such a petition
alleging that Massport has demanded
that it remove a Wi-Fi antenna from its
lounge at Logan Airport in contradiction
of the OTARD rules.
4. Three conditions must be satisfied
in order for Continental’s Wi-Fi antenna
to be covered by the OTARD rules. First,
the antenna must be one meter or less
in diameter or diagonal measurement.
Second, the antenna must be located on
property within the exclusive use and
control of the antenna user where the
user has a direct or indirect ownership
or leasehold interest in the property.
Lastly, the antenna must be used to
receive or transmit fixed wireless
signals. Massport concedes that
Continental’s Wi-Fi antenna satisfies the
first condition, i.e., the antenna is less
than one meter in diagonal
measurement. The Commission finds
that the second requirement is also
satisfied. There is no dispute that
Continental has a direct leasehold
interest in the airport lounge where the
E:\FR\FM\29NOR1.SGM
29NOR1
]]>Agencies
[Federal Register Volume 71, Number 229 (Wednesday, November 29, 2006)]
[Rules and Regulations]
[Pages 69039-69052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20167]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 74, 78, and 101
[WT Docket No. 04-143; FCC 06-141]
Rechannelization of the 17.7-19.7 GHz Frequency Band for Fixed
Microwave Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission adopts rules that
rechannelize Fixed Microwave Services (FS) channels in the terrestrial
18 GHz band. The Commission revises the rules in order to reduce the
regulatory burden for the 18 GHz band by adding new channel-size
options for FS operations along with channelization and emission
flexibility for multichannel video programming distributors (MVPDs)
below 18.3 GHz, thereby facilitating the relocation to spectrum at
17.7-18.3 GHz and 19.3-19.7 GHz. We believe these actions will
encourage efficient use of the spectrum by all FS licensees and provide
a regulatory environment that will allow MVPDs to provide competitive
services while protecting Federal earth stations.
DATES: Effective December 29, 2006
FOR FURTHER INFORMATION CONTACT: Brian Michael Wondrack, (202) 418-
0653, e-mail: brian.wondrack@fcc.gov, or via TTY (202) 418-7233,
Wireless Telecommunications Bureau, Federal Communications Commission,
Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted on September 22, 2006 and released on September 29,
2006, FCC 06-141. The full text of the Report and Order is available
for inspection and copying during normal business hours in the FCC
Reference Information Center, Room CY-A257, 445 12th Street, SW.,
Washington, DC 20554. The complete text may be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.,
(BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC
20554, 202-488-5300 or 800-387-3160, e-mail at fcc@bcpiweb.com. The
complete text is also available on the Commission's Web site at https://
hraunfoss.fcc.gov/edocs_public/attachment/FCC-06-141A1.doc. This full
text may also be downloaded at: https://wireless.fcc.gov/releases.html.
Alternative formats (computer diskette, large print, audio cassette,
and Braille) are available to persons with disabilities by contacting
Brian Millin at (202) 418-7426, TTY (202) 418-7365, or via e-mail to
bmillin@fcc.gov.
Summary of Report and Order
I. Introduction
1. In this Report and Order, we revise our rules to reduce
regulatory burdens for 18 GHz band \1\ terrestrial Fixed Microwave
Services (FS) licensees that are subject to involuntary relocation from
the 18.3-19.3 GHz band pursuant to the Commission's reallocation of
that band for exclusive satellite services use in IB Docket No. 98-
172.\2\ These FS licensees will relocate to spectrum at 17.7-18.3 GHz
and 19.3-19.7 GHz, where 47 CFR part 101 currently designates channel
sizes that are too large relative to the needs of some relocating
point-to-point microwave licensees and too small relative to the needs
of relocating private cable operators (PCOs) and other multichannel
video programming distributors (MVPDs). The Report and Order revises
the rules to add new channel sizes in both bands along with special
rules for MVPDs within the 17.7-18.3 GHz band, thereby facilitating the
relocation.
---------------------------------------------------------------------------
\1\ The term ``18 GHz band'' refers to those frequencies between
17.7 and 19.7 GHz. Herein, we use the term ``terrestrial 18 GHz
band'' to refer to those frequencies between 17.7-18.3 GHz and
between 19.3-19.7 GHz that are allocated on a co-primary basis for
the following terrestrial services: Fixed Microwave Services (FS)
under part 101, Cable Television Relay Service (``CARS'') under part
78, and Broadcast Auxiliary Services (``BAS'') under part 74. We
recognize that 17.7-18.3 GHz and 19.3-19.7 GHz are also allocated on
a co-primary basis for satellite services; we are using the term
``terrestrial 18 GHz band'' herein for convenience only given that
the instant re-channelization concerns terrestrial services under
part 101.
\2\ See Redesignation of the 17.7-19.7 GHz Frequency Band,
Blanket Licensing of Satellite Earth Stations in the 17.7-20.2 GHz
and 27.5-30.0 GHz Frequency Bands, and the Allocation of Additional
Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands
for Broadcast Satellite-Service Use, IB Docket No. 98-172, Report
and Order, 15 FCC Rcd 13430 (2000) (``18 GHz SAT R&O''), recon.
granted in part, First Order on Reconsideration, 16 FCC Rcd 19808
(2001), further recon. granted in part, Second Order on
Reconsideration, 17 FCC Rcd 24248 (2002) (``Second Order on
Reconsideration''), further recon. denied, Third Order on
Reconsideration, 19 FCC Rcd 10777 (2003) (``Third Order on
Reconsideration'').
---------------------------------------------------------------------------
2. In this Report and Order we adopt the following actions
regarding FS channels in the terrestrial 18 GHz band:
We adopt a revised band plan for the FS paired and
unpaired spectrum from 17.7-18.3 GHz and 19.3-19.7 GHz, consisting of a
variety of channel bandwidths, primarily narrower bandwidths, and a
block of unpaired spectrum from 17.7-17.74 GHz.
We designate a contiguous 600 megahertz block of one-way
spectrum from 17.7-18.3 GHz for use by MVPDs, who will have flexibility
within such block to determine the appropriate bandwidths and other
technical parameters of their MVPD operations.
In the 17.7-17.8 GHz band, we protect Federal earth
stations in the fixed-satellite service (space-to-Earth) that may be
authorized in Denver, Colorado, and Washington, DC, and require all
MVPD applications (under 47 CFR parts 74, 78, or 101) within the 17.7-
17.8 GHz band near those areas to be coordinated with the Federal
Government by the Commission before an authorization will be issued.\3\
---------------------------------------------------------------------------
\3\ The National Telecommunications and Information
Administration (NTIA) filed a letter with the Commission, dated
March 3, 2006, requesting that we protect certain Federal
operations. See paragraphs 18-21, infra.
---------------------------------------------------------------------------
We provide channel flexibility to grandfathered MVPDs in
the 18.3-18.58 GHz band, which was previously designated for non-
primary use by MVPDs.
II. Background
3. Reallocation from Terrestrial Services to Satellite Services (18
GHz
[[Page 69040]]
SAT R&O). Previously, in a separate proceeding, the Commission
reallocated portions of the 18 GHz band to accommodate sharing among
the terrestrial, Geostationary Satellite Orbit Fixed-Satellite Service
(``GSO/FSS''), Non-Geostationary Satellite Orbit Fixed-Satellite
Service (``NGSO/FSS''), and Mobile-Satellite Service feeder links
(``MSS/FL''). As part of that action, the Commission reallocated the
one thousand megahertz of spectrum from 18.3-19.3 GHz solely to Fixed-
Satellite Service (FSS). The terrestrial services, including FS,
continue to have shared (co-primary) access to the terrestrial 18 GHz
band and we revise the FS channel plan, under part 101, to ensure that
the FS community can effectively and efficiently utilize this spectrum.
Rechannelization of CARS and BAS, which share the terrestrial 18 GHz
band with FS (as well as satellite services) will be addressed in a
separate proceeding. Accordingly, the discussion below focuses on the
terrestrial Fixed Microwave Services (FS) licensed under part 101,
except where we address NTIA's request to protect certain Federal
Government earth stations relative to all applications for new or
modified MVPD operations whether under parts 74, 78, or 101.
4. The 18 GHz band currently serves a variety of terrestrial
communications needs and is an important band for the growth of FS
services. Prior to the rule changes adopted in the 18 GHz SAT R&O, the
18 GHz band (two-thousand megahertz of spectrum at 17.7-19.7 GHz) was
allocated on a co-primary basis for FS, CARS, BAS, and satellite
services.\4\ In the 18 GHz SAT R&O, the Commission reallocated one-
thousand megahertz of spectrum for FS use as follows: the 17.7-18.3 GHz
band and the 19.3-19.7 GHz band, both on a co-primary basis with
satellite services. The 18 GHz SAT R&O also designated the 18.3-18.58
GHz band as co-primary between FS and GSO/FSS, but the Commission
subsequently reallocated this sub-band exclusively for satellite
services use.
---------------------------------------------------------------------------
\4\ See 47 CFR 2.106 (1999); see also 47 CFR parts 21, 25, 74,
78, and 101. See 18 GHz SAT R&O, 15 FCC Rcd 13430.
---------------------------------------------------------------------------
5. Ten-year relocation reimbursement sunset. Recognizing the
importance of existing FS systems in the 18 GHz band, the Commission
adopted a ten-year transition plan that permits FS stations currently
operating within the one-thousand megahertz of spectrum at 18.3-19.3
GHz, that was reallocated for exclusive satellite services use, to
continue operating on a co-primary basis until the applicable sunset
date.\5\ Under these rules, satellite operators have the option to
relocate FS stations in the event of interference and, during this ten-
year period, existing FS stations may be relocated in accordance with
the reimbursement and involuntary relocation procedures set forth in
Sec. 101.85 and Sec. 101.91of the Commission's rules. After the
sunset, existing FS stations may continue to operate on a non-
interference basis, but FSS licensees are not required to pay
relocation costs and may require an incumbent FS licensee to cease
operations, provided that the FSS licensee intends to turn on a system
within interference range of the incumbent FS licensee.\6\
---------------------------------------------------------------------------
\5\ 47 CFR 101.85 (Transition of the 18.3-19.3 GHz band from the
terrestrial fixed services to the fixed-satellite services (FSS)).
Certain FS operations in the 18.58-19.3 GHz band remain co-primary
until June 8, 2010, while certain FS operations and low-power
systems in the 19.26-19.3 GHz band remain co-primary until October
31, 2011, and certain FS operations in the 18.3-18.58 GHz band
remain co-primary until November 19, 2012. Id.
\6\ 47 CFR 101.95 (Sunset provisions for licensees in the 18.30-
19.30 GHz Band). See also 18 GHz SAT R&O, 15 FCC Rcd at 1346
paragraph 63, First Order on Reconsideration, 16 FCC Rcd at 19821
paragraph 26.
---------------------------------------------------------------------------
6. The 18 GHz band spectrum available for FS containing the
narrowest (five megahertz) paired channels (18.76-19.16 GHz band
frequencies) was reallocated exclusively to satellite services. Under
current rules, ten megahertz is the smallest channel size available for
licensing to FS in the terrestrial 18 GHz band. As a result, under the
existing band plan some FS operators will not be able to relocate to
replacement channels in the terrestrial 18 GHz band of the same
bandwidth as their currently licensed channels at 18.76-19.16 GHz.
Moreover, some FS operators would not be able to be licensed without a
waiver of the minimum efficiency requirements specified in part 101 of
our rules. Under the efficiency rules in Sec. 101.141 of the
Commission's rules, a FS licensee must utilize its channel to the
required limit. The 18 GHz Rechannelization NPRM (NPRM), 69 FR 40843
(July 7, 2004), set forth criteria for waiver of the channel-size rules
pending the outcome of this proceeding. Requiring such licensees to be
licensed for larger-than-necessary bandwidths would be spectrally
inefficient.
7. The Commission recognized in the 18 GHz SAT R&O that the already
high demand for 18.14-18.58 GHz band will increase and stated that this
portion of the 18 GHz band is vital to the success of FS relocation
efforts and the continued viability of wireless cable providers that
provide direct competition to traditional cable operators. However,
most of the 18 GHz band spectrum from 18.142-18.58 GHz, which consists
of six megahertz channels (the standard channel bandwidth used by
almost all MVPDs to deliver analog channels and digital video streams)
used mainly by private cable operators (``PCOs'') and other MVPDs, was
reallocated to satellite services. Accordingly, when the Commission
reallocated this portion of the 18 GHz band, it noted that PCOs and
other MVPDs were eligible to use other spectrum either below 18.3 GHz
in the terrestrial 18 GHz band \7\ or in the CARS (12.7-13.2 GHz)
band.\8\ Although the Second Order on Reconsideration recognized that
the CARS Eligibility Order allowed non-cable MVPDs access to the
terrestrial 18 GHz band, the Commission did not, in those proceedings,
remove the restriction for video in Sec. 101.603 of the Commission's
rules, nor amend the size of the channels in the terrestrial 18 GHz
band below 18.142 GHz to accommodate such use. Rather, the Commission
explained in the First Order on Reconsideration that it would undertake
a separate proceeding to rechannelize the terrestrial 18 GHz band to
facilitate the relocation. Accordingly, on April 19, 2004, the
Commission released the NPRM.
---------------------------------------------------------------------------
\7\ 18 GHz band spectrum is shared with CARS and BAS. MVPDs are
eligible for CARS licenses.
\8\ Second Order on Reconsideration, 17 FCC Rcd at 24250
paragraph 6. This ``enhanced eligibility'' was the result of the
Commission's decision in another proceeding. See Amendment of
Eligibility Requirements in part 78 Regarding 12 GHz Cable
Television Relay Service, CS Docket No. 99-250, Report and Order, 17
FCC Rcd 9930, 9930 paragraph 1 (2002) (``CARS Eligibility Order'').
---------------------------------------------------------------------------
III. Discussion
A. Adding Smaller Channels for FS Operations in the Terrestrial 18 GHz
Band
8. In the NPRM (based largely on a filing by the Fixed Wireless
Communications Coalition (FWCC)), the Commission proposed a revised FS
channel plan for the terrestrial 18 GHz band that included paired and
unpaired channels from 17.7-18.3 GHz and 19.3-19.7 GHz, as well as a
variety of channel bandwidths including narrower bandwidths, e.g.,
1.25, 2.5 and 5 megahertz (as well as those of thirty and fifty
megahertz) and a block of unpaired spectrum from 17.7-17.74 GHz.
9. All commenters generally support our efforts to provide relief
to relocated point-to-point microwave FS licensees by modifying the
existing FS channel plan in the terrestrial 18 GHz band.
[[Page 69041]]
Based on the information available in the record, we conclude that our
decisions will promote more efficient use of the terrestrial 18 GHz
band by allowing FS licensees to request the amount of spectrum that
they need, rather than having to request larger bandwidth channels or
seek a waiver of the Commission's rules. This in turn promotes access
to spectrum for FS operations, both by relocating incumbents and new
entrants.
B. 220 Megahertz Channels
10. In the NPRM, the Commission recognized that the reallocation of
the 18 GHz band eliminated portions of all three FS 220 megahertz
channel pairs, and the Commission sought comments on whether a need
exists to maintain any 220 megahertz channel pair. Commenters state
that maintaining 220 megahertz channel pairs is no longer necessary
because, due to advances in modulation, the services that were provided
over these channel pairs are no longer used and, accordingly, the
equipment needed to provide these services is no longer manufactured.
Moreover, commenters maintain that the proposed assignment would
effectively block the use of narrower channels for two-way links within
the terrestrial 18 GHz band. We also note that the Commission's
licensing records reflect that no incumbents are licensed for a 220
megahertz channel pair. Based on the record before us, we agree with
the commenters and find that maintaining a 220 megahertz channel pair
serves no useful purpose, especially given our decision below regarding
aggregation. Accordingly, we change our rules to eliminate this size
channel designation.
C. Aggregation
11. We also proposed, in the NPRM, to permit applicants to request
any amount of available spectrum based on their specific needs, on the
condition that aggregated channels are contiguous channels, except for
channels that are already licensed to someone else in the area, and are
thus blocked. Comsearch asks us to clarify whether applicants also may
skip any segments that would be affected by interference with other
links. We conclude that allowing aggregation conditioned upon the
proposed requirement that aggregated channels be contiguous is
necessary to prevent licensees from spacing their channels in a manner
that effectively could prevent others from using the remaining spectrum
in the same area. We also, however, agree with Comsearch that where an
applicant seeks to operate in a particular segment that is unavailable
in the relevant area, whether due to co-channel licenses or adjacent
channel interference as determined under our rules (including
requirements to comply with any applicable agreements with Canada or
Mexico in these bands), then it is appropriate to allow the applicant
to skip that ``blocked'' segment of spectrum.
D. Use of the 17.7-17.74 GHz Sub-band
12. The NPRM also proposed to permit unpaired use by any FS
licensee of the 17.7-17.74 GHz sub-band, which was previously paired
with the 19.26-19.3 GHz sub-band that was reallocated to FSS. We also
asked whether to allow licensees to pair channels in the 17.7-17.74 GHz
sub-band with other channels in the terrestrial 18 GHz band where, for
example, the return pair is already in use and therefore blocked. Only
one commenter, Independent Multi-Family Communications Council (IMCC),
addressed these proposals and supported them. We conclude that these
approaches will provide FS licensees additional operational flexibility
within the terrestrial 18 GHz band without compromising our efforts to
facilitate effective and expeditious relocation of those licensees from
other portions of the 18 GHz band. We accordingly adopt these changes
to our rules.
E. Multichannel Video Programming Distributors (MVPDs)
1. Background
13. Prior to the reallocation to satellite services in IB Docket
No. 98-172, PCOs and other MVPDs had co-primary access to 438 megahertz
of spectrum (18.142-18.58 GHz) and non-MVPDs had co-primary access to
442 megahertz of spectrum (17.7-18.142 GHz). Although MVPD and non-MVPD
each shared spectrum with satellite and other terrestrial services,
these part 101 licensees did not share with one another. In the NPRM,
the Commission noted that MVPDs no longer will have primary access to
the 18.3-18.58 GHz band frequencies, leaving MVPDs subject to
involuntary relocation and access to only 158 megahertz of spectrum in
the 18 GHz range. In this connection, the Commission proposed for MVPDs
a contiguous 500 megahertz block of one-way spectrum, from 17.8-18.3
GHz, consisting of the 158 megahertz of spectrum at 18.142-18.3 GHz and
342 megahertz of spectrum immediately below 18.142 GHz which MVPDs and
non-MVPDs would share. The Commission also proposed removing the
prohibition on video operations \9\ and allowing MVPDs to be licensed
for up to all five-hundred megahertz of this spectrum, subject to
coordination, along with flexibility to channelize contiguous segments
of licensed spectrum as needed. The Commission further proposed
emission flexibility for MVPDs within the 17.8 to 18.3 GHz band to
accommodate and streamline conversions to digital transmissions. The
NPRM did not propose to designate 17.7-17.8 GHz for MVPDs, which under
the current rules would leave this one-hundred megahertz of spectrum
designated for non-MVPDs. We discuss each proposal or issue below.
---------------------------------------------------------------------------
\9\ See 47 CFR 101.603(a)(1), 101.603(b) (prohibiting use of 18
GHz frequencies, other than 18.142-18.580 GHz, for the final link in
the chain of transmission of program material).
---------------------------------------------------------------------------
2. MVPD Designation at 17.8-18.3 GHz
14. Alcatel and Fixed Wireless Communications Coalition and the
National Spectrum Managers Association (FWCC/NSMA) initially opposed
designating the 17.8-18.3 GHz sub-band for use by MVPDs because MVPDs
use one-way, hub-and-spoke architecture that these commenters contend
will effectively block the use of the entire sub-band for more
efficient two-way FS use in the vicinity of MVPDs systems. FWCC/NSMA
further contended that the combination of MVPDs' widespread geographic
dispersion and high occupied bandwidth resulting from low-efficiency
modulation effectively prevents FS use over the entire bandwidth.
15. The main difference between non-MVPD use and MVPD use is that
the latter often utilizes analog video channels, which are typically
six megahertz, and have a larger amplitude (peak power) at the location
of the main video carrier. As a result, the power is not spread as
evenly across the bandwidth as is the case for most non-MVPD
operations. Typically, MVPDs also use several contiguous channels to
backhaul their services whereas non-MVPD operators usually meet their
needs with one or two channels. After taking these differences into
account, however, we reject any claim that these operational
differences preclude sharing given that MVPDs are required to
coordinate with other service providers, and thus will not be able to
uniformly block or otherwise interfere with other, non-MVPD licensees.
Moreover, given MVPDs' ``late arrival'' to this band, they will only
operate where the spectrum is still available, i.e., can be coordinated
with existing licensees. We also note that in the Second Order on
[[Page 69042]]
Reconsideration, the Commission determined that if PCOs relocate to the
12.7-13.2 GHz and 17.7-18.3 GHz frequency bands, the geographic
separation between the incumbent systems and the relocated PCOs would
result in only rare instances where the frequency paths would intersect
in a way that would require site shielding or other mitigating measures
necessary to prevent mutually unacceptable interference. As such, the
Commission determined in the Second Order on Reconsideration that MVPDs
could relocate to either the CARS band (12.7-13.2 GHz) or to 17.7-18.3
GHz. In view of these prior determinations in the allocation
proceeding, we conclude that it is not within the scope of the instant
service-rules proceeding to reconsider wholesale determinations
regarding acceptable designations of terrestrial operations for these
bands made in IB Docket No. 98-172. In this connection, we note that
Alcatel and FWCC/NSMA subsequently informed the Commission that they no
longer oppose expanding 18 GHz spectrum for final video links. As such,
and in accordance with the determination made in IB Docket No. 98-172
that terrestrial users, e.g., MVPDs and other FS users, could and would
share portions of the terrestrial 18 GHz band, we are adopting the
proposal in the NPRM to allow the 17.8-18.3 GHz sub-band to be used for
the final radio frequency link to distribute video.
3. MVPD Designation at 17.7-17.8 GHz
16. MVPD Designation at 17.7-17.8 GHz. As noted, the NPRM did not
propose to designate for MVPDs the one-hundred megahertz of spectrum at
17.7-17.8 GHz, which is allocated on a shared, co-primary basis to FS
(parts 74, 78, and 101) and FSS (Earth-to-space), with the FSS
allocation limited to feeder links for broadcasting satellite
service.\10\ Coordination is required between FS and FSS because there
is a potential for interference from FSS uplinks into receiving FS
facilities. IMCC contends, however, that to have a reasonably cost
effective transmission solution to compete with large
telecommunications and cable companies, PCOs need access to the full
600 megahertz of spectrum contemplated for MVPDs in the CARS
Eligibility Order and the Second Order on Reconsideration. This appears
to be a reasonable assertion as cable systems usually use 550 MHz or
more of spectrum. Moreover, in a particular location, even the full 600
megahertz may not be available contiguously due to the presence of
other users.\11\ Additionally, we acknowledge IMCC's point that the OET
CARS Study (the Study) that found sufficient capacity (in the 12 GHz
and the terrestrial 18 GHz bands) to accommodate the relocation of
terrestrial licensees adopted in IB Docket No. 98-172 included the 100
megahertz of spectrum at 17.7-17.8 GHz.
---------------------------------------------------------------------------
\10\ See 47 CFR 2.106 (Table of Allocations) and US Footnote
271.
\11\ ``Access to the full 600 [megahertz at] 17.7-18.3 GHz is
necessary * * * if PCOs are to have * * * any chance of managing the
`patchwork quilt' of unblocked and blocked frequencies * * * as PCO
services grow * * * and PCOs are forced to abandon use of the 18.3-
18.58 band.'' IMCC Reply Comments at 7.
---------------------------------------------------------------------------
17. As noted above, some commenters initially objected to use of
spectrum below 18.142 MHz by video providers but these objections were
subsequently withdrawn. IMCC has persuaded us that providing MVPDs
access to the full 600 megahertz of spectrum, as contemplated in the
OET CARS Band Study, is necessary and appropriate to promote
competition in the video distribution industry.
4. Protection of Federal Government Operations Near Denver, CO, and
Washington, DC
18. On March 3, 2006, the National Telecommunications and
Information Administration (NTIA) filed a letter with the Commission in
this proceeding stating concerns with the possibility of harmful
interference to a limited number of Federal Government earth station
facilities near Denver, Colorado and Washington, DC, from MVPD
operations in the 17.7-17.8 GHz sub-band.\12\
---------------------------------------------------------------------------
\12\ See Letter from Fredrick R. Wentland, Associate
Administrator, Office of Spectrum Management, NTIA, U.S. Department
of Commerce, to Julius Knapp, Deputy Chief, Office of Engineering
and Technology, FCC, dated March 3, 2006 (NTIA Letter). NTIA
explains that while the rechannelization proposed in the 18 GHz
Rechannelization Notice would not adversely impact Federal
operations, comments in this proceeding from the fixed services
community request that the Commission allow MVPD operations in the
17.7-17.8 GHz band. NTIA Letter at 1.
---------------------------------------------------------------------------
19. NTIA requests that if the Commission chooses to permit MVPDs in
the band, the Commission extend protection of these receiving Federal
Government earth stations to the band 17.7-17.8 GHz in the geographic
areas identified in Sec. 1.924(e) of the Commission's rules for the
17.8-20.2 GHz band.\13\ NTIA avers that this result would be
implemented with minimum impact on MVPDs through the adoption of the
following footnote to the Table of Allocations, 47 CFR 2.106, and the
implementation of associated changes to existing rules in parts 1, 74,
and 78, and Sec. 101.31, the last by extending to MVPDs at 17.7-17.8
GHz the existing prohibition on the early commencement of operations at
17.8-19.7 GHz pending coordination with the Federal Government.
---------------------------------------------------------------------------
\13\ NTIA Leter at 1, n2.
USXXX--In the band 17.7-17.8 GHz, Federal earth stations in the
fixed-satellite service (space-to-Earth) may be authorized in the
Denver, CO and Washington, DC areas on a primary basis. Before
commencement of operations, non-Federal fixed service applications
supporting Multichannel Video Programming Distributors (MVPD) shall
be coordinated through the Frequency Assignment Subcommittee of the
---------------------------------------------------------------------------
Interdepartmental Radio Advisory Committee.
20. NTIA acknowledges that many fixed services with differing
characteristics already operate in the band 17.7-17.8 GHz without
coordination with the Federal Government earth stations in the
specified locations. Accordingly, NTIA emphasizes that it does not seek
to require coordination of fixed services already authorized in the
band 17.7-17.8 GHz, for which coordination has not been previously
required.\14\
---------------------------------------------------------------------------
\14\ Id. at 2-3.
---------------------------------------------------------------------------
21. Based on the record before us, we find that adopting the
protections that NTIA has requested would serve the public interest. We
find that NTIA's request is a reasonable mechanism to protect Federal
Government earth stations that may be authorized in the Denver
Colorado, and Washington, D.C. areas. Accordingly, we make changes to
parts 1, 2, 74, 78, and 101 of the Commission's rules to implement
NTIA's request with respect to applications for new (or major
modifications to existing) MVPD operations. In this regard, we
acknowledge that the NPRM stated that rechannelization of Broadcast
Auxiliary Services (part 74) and Cable Television Relay Service (part
78) spectrum, which share the terrestrial 18 GHz band with FS (part
101) would be addressed in a separate proceeding. The Commission also,
however, gave notice that licensees in parts 74 and 78 could be
affected because of the shared use of these terrestrial services.\15\
Given the important public policy objective of protecting federal
facilities from interference, we are implementing NTIA's proposal for
the 17.7-17.8 GHz
[[Page 69043]]
band for all three rule parts (parts 74, 78 and 101).
---------------------------------------------------------------------------
\15\ See 18 GHz Rechannelization NPRM, 19 FCC Rcd at 7265
paragraph 8. We also note that in the Second Order on
Reconsideration, the Commission determined that MVPDs licensed under
part 101 could relocate to specified bands that are administered
under part 78 or part 101.
---------------------------------------------------------------------------
5. MVPD Flexibility at 17.7-18.3 GHz
22. In the NPRM, the Commission proposed rules permitting MVPD
providers to use whatever size channels in contiguous spectrum that
they deem necessary to accommodate analog or digital transmission
techniques provided that they have properly coordinated the necessary
emission designators and power criteria.\16\ We adopt that proposal for
the entire band 17.7-18.3 GHz for MVPD operators.
---------------------------------------------------------------------------
\16\ As required by 47 CFR 1.924(e), modification of an existing
station license in this band which would change the frequency,
power, emission, modulation, polarization, antenna height or
directivity, or location of such a station, must be coordinated with
the Federal Government by the Commission before an authorization
will be issued. Compression techniques can be changed within certain
emission designations without requiring an application.
---------------------------------------------------------------------------
23. Comsearch disagrees with the Commission's flexibility approach
and states that cable television distribution and MVPDs are closely
tied to a 6 megahertz channel plan. Comsearch contends that orderly
spectrum management demands that a 6 megahertz channel plan should be
added to this segment to accommodate MVPDs. Comsearch further states
that PCOs and MVPDs could use either this 6 megahertz plan or any of
the other plans (5 megahertz, 10 megahertz, etc.), but should not have
total flexibility to use whatever channels and bandwidth they choose.
24. We are not persuaded that adopting a six megahertz plan is
necessary. In furtherance of our spectrum management goals for the
terrestrial 18 GHz band, we adopt rules for permitting MVPD providers
to use contiguous blocks of spectrum in order to accommodate their
video delivery needs. The Commission recognizes that a de-facto six-
megahertz channelization scheme exists because the current availability
of both analog and digital video processing equipment, in-home set-top
boxes, and television sets is designed for six megahertz channels.
However, we do believe that providing MVPDs with channel flexibility
does not inhibit them from still operating within the existing, de-
facto channelization scheme if they so choose. Adding operational
flexibility to accommodate operators who wish to use alternate channel
plans, should the opportunity or need arise, does not prevent the
continued use of the six megahertz scheme and is therefore in the
public interest.
6. 18.3-18.58 GHz
25. We find that it is in the public interest to adopt the proposal
in the NPRM to retain the 18.3-18.58 GHz sub-band for grandfathered
MVPDs given its adjacency to the 17.7-18.3 GHz band that we are
designating for MVPDs today.\17\ We believe this approach is
appropriate because it preserves the status of the grandfathered
terrestrial licensees in the 18.3-18.58 GHz sub-band and their ability
to continue operating. Together with the 17.7-18.3 GHz band, this
provides MVPDs with access to a total of 880 megahertz (17.7-18.58
GHz), albeit with 280 megahertz limited to grandfathered licensees that
operate on a co-primary basis with FSS until 2012, after which they
will operate on a non-protected and non-interfering basis to FSS.
---------------------------------------------------------------------------
\17\ The Commission decided in IB Docket No. 98-172 that no
applications for new part 101 stations in the 18.3-18.58 GHz band
would be accepted after November 19, 2002. Then-existing part 101
applications and licenses were grandfathered.
---------------------------------------------------------------------------
26. In furtherance of our spectrum management goals of encouraging
efficient use of spectrum for the 18 GHz band, we adopt rules allowing
emission and channelization flexibility from 18.3 to 18.58 GHz for
MVPDs. We find that extending emission and channelization flexibility
will allow MVPDs to efficiently use spectrum in this sub-band without
causing unacceptably high levels of interference with other licensees;
however, certain stations that remain co-primary [in the 18.3-19.3 GHz
band] may not make modifications to their systems that increase
interference to satellite earth stations, or result in a facility that
would be more costly to relocate. In the event that a FSS licensee
intends to turn on a system within interference range of the incumbent
licensee, the incumbent licensee would have to cease operations or
relocate in accordance with our rules. Also, incumbent licensees are
cautioned that all major modifications and certain extensions of
existing systems will render those links secondary to FSS operations
pursuant to Sec. 101.97(a) of the Commissions rules. We believe that
providing emission and channelization flexibility in the 18.3 to 18.58
GHz segment, in conjunction with flexible usage rules for the 17.7-18.3
GHz band, will give MVPD licensees access to large blocks of spectrum
to more effectively provide video services in an efficient manner for
the duration of their grandfathered status. We note that IMCC filed
comments supporting our proposal to extend flexible use to the 18.3-
18.58 GHz sub-band. We conclude, based on the evidence available in the
record, and the amount of spectrum available to MVPDs licensees, that
such changes are necessary to fully effectuate the Commission's efforts
to provide MVPD licensees additional operational flexibility and
increased access to the terrestrial 18 GHz band.
7. Streamlined Process for MVPD Conversion to Digital Modulation
27. In furtherance of our goals to provide regulatory relief to
licensees transitioning to the 18 GHz band and encourage efficient use
of spectrum, we conclude that MVPD licensees should have flexibility to
move from analog to digital emissions, choose the size of each channel,
and use whatever compression techniques they wish. Our licensing
records reflect that most of the MVPD operations subject to relocation
are analog systems. As discussed above, we anticipate that many of
these systems will convert to digital either at the end of their
analog-equipment lifecycle or in response to market incentives. In this
connection, we are concerned that MVPDs that must relocate prior to
converting to digital could incur significant, duplicative costs
associated with the coordination and licensing process for (1) spectral
relocation and, later, (2) for digital conversion. To minimize the
potential for duplicative costs, we conclude that MVPD licensees should
have the option to specify analog and digital emission designators
(each of which must be coordinated) on one application. In this
connection, we are adopting a revision to Sec. 101.63 of the
Commission's rules to allow MVPD licensees to meet their construction
requirement and not automatically surrender their license as long as
they are operating a system using either an authorized analog or
digital emissions. Accordingly, such MVPD licensees will be authorized
to operate using one or both modulations, e.g., the licensee can
operate its analog system and later convert to digital without having
to file another, coordinated application. Once the licensee has
completed the transition to digital, the license can remove the unused
analog emission designator(s) the next time a modification or renewal
application is filed.\18\ In adopting these measures we reduce the
regulatory burden on licensees and encourage flexible and more
efficient use of spectrum.
---------------------------------------------------------------------------
\18\ Construction of any authorized facility or frequency must
be completed by the date specified in the license as pursuant to
Sec. 1.946.
---------------------------------------------------------------------------
[[Page 69044]]
IV. Procedural Matters
28. Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM in
WT Docket 04-143. The Commission sought written public comment on the
proposals in the NPRM, including comment on the IRFA. This present
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. The
Commission's Consumer and Governmental Affairs Bureau, Reference
Information Center, shall send a copy of this Report and Order,
including the FRFA, to the Chief Counsel for Advocacy of the Small
Business Administration.
A. Need for, and Objectives of, the Report and Order
In this Report and Order, we revise our rules to reduce regulatory
burdens for 18 GHz band terrestrial Fixed Microwave Services (FS)
licensees that are subject to involuntary relocation from the 18.3-19.3
GHz band pursuant to the Commission's reallocation of that band for
exclusive satellite services use in IB Docket No. 98-172. These FS
licensees will relocate to spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz,
where part 101 currently designates channel sizes that are too large
relative to the needs of some relocating point-to-point microwave
licensees and too small relative to the needs of relocating private
cable operators (PCOs) and other multichannel video programming
distributors (MVPDs). The instant Report and Order revises the rules to
add new channel sizes in both bands along with special rules for MVPDs
within the 17.7-18.3 GHz band, thereby facilitating the relocation.
Specifically, we adopt a revised band plan for the FS paired and
unpaired spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz, consisting of a
variety of channel bandwidths, primarily by adding narrower bandwidths
and a block of unpaired spectrum from 17.7-17.74 GHz. In addition, we
designate a contiguous 600 megahertz block of one-way spectrum from
17.7-18.3 GHz for use by MVPDs, who will have flexibility within this
block to determine the appropriate bandwidths and other technical
parameters of their MVPD operations. We also provide channel
flexibility to grandfathered MVPDs in the 18.3-18.58 GHz band, which
was previously designated for non-primary use by MVPDs. In the 17.7-
17.8 GHz band, we protect Federal earth stations in the fixed-satellite
service (space-to-Earth) that may be authorized in Denver, Colorado,
and Washington, D.C., and require all MVPD applications (under parts
74, 78, or 101) within the 17.7-17.8 GHz band near those areas to be
coordinated with the Federal Government by the Commission before an
authorization will be issued.
B. Summary of Significant Issues Raised by Public Comments in Response
to the Supplemental IRFA
There were no comments filed that specifically addressed the rules
and policies proposed in the IRFA.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of entities that will be affected
by the rules. The RFA defines ``small entity'' as having the same
meaning as the term ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act, unless the Commission has developed one
or more definitions that are appropriate to its activities. Under the
Small Business Act, a ``small business concern'' is one that: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) meets any additional criteria established by the
Small Business Administration (SBA).
Fixed Microwave Services: The rechannelization will affect all
common carrier and private operational fixed microwave licensees who
are authorized under Part 101 of the Commission's rules for use of the
18 GHz spectrum. Microwave services include common carrier, private-
operational fixed, and broadcast auxiliary radio services. At present,
there are approximately 36,708 common carrier fixed licensees and
59,291 private operational-fixed licensees and broadcast auxiliary
radio licensees in the microwave services. The Commission has not yet
defined a small business with respect to microwave services. For
purposes of the FRFA, we will use the SBA's definition applicable to
Cellular and other Wireless Telecommunications companies--i.e., an
entity with no more than 1,500 persons. According to Census Bureau data
for 1997, there were 977 firms in this category, total, that operated
for the entire year. Of this total, 965 firms had employment of 999 or
fewer employees, and an additional twelve firms had employment of 1,000
employees or more. Thus, under this size standard, a majority of firms
can be considered small. We note that the number of firms does not
necessarily track the number of licensees. We estimate that all of the
fixed microwave licensees (excluding broadcast auxiliary licensees)
would qualify as small entities under the SBA definition.
Small MVPDs: SBA has developed a small business size standard for
cable and other program distribution services, which includes all such
companies generating $13.0 million or less in revenue annually. This
category includes, among others, cable operators, direct broadcast
satellite (``DBS'') services, home satellite dish (``HSD'') services,
multipoint distribution services (``MDS''), multichannel multipoint
distribution service (``MMDS''), Instructional Television Fixed Service
(``ITFS''), local multipoint distribution service (``LMDS''), satellite
master antenna television (``SMATV'') systems and open video systems
(``OVS''). According to the Bureau of Census, there were 1,311 total
cable and other pay television service firms that operate throughout
the year of which 1,180 have less than $10 million in revenue. We will
address each service individually to provide as precise of an estimate
of small entities as available data allows.
Cable Operator: The Commission has developed, with SBA's approval,
its own definition of a small cable system operator for the purposes of
rate regulation. Under the Commission's rules, a ``small cable
company,'' is one serving fewer than 400,000 subscribers nationwide.
Based on our most recent information, we last estimated that there were
1,439 cable operators that qualified as small cable companies. Since
then, some of those companies may have grown to serve over 400,000
subscribers, and others may have been involved in transactions that
caused them to be combined with other cable operators. Consequently, we
estimate that there are fewer than 1,439 small entity cable system
operators that may be affected by the decisions and rules adopted in
this Report and Order. The Communications Act of 1934, as amended
(Communications Act), also contains a definition of a small cable
system operator, which is ``a cable operator that, directly or through
an affiliate, serves in the aggregate fewer than one percent of all
subscribers in the United States and is not affiliated with any entity
or entities whose gross annual revenues in the aggregate exceed
$250,000,000.'' The Commission has determined that there are 68,500,000
subscribers in the United States. Therefore, we found that an operator
serving fewer than 685,000 subscribers
[[Page 69045]]
shall be deemed a small operator, if its annual revenues, when combined
with the total annual revenues of all of its affiliates, do not exceed
$250 million in the aggregate. Based on available data, we find that
the number of cable operators serving 677,000 subscribers or less
totals 1,450. Although it seems certain that some of these cable system
operators are affiliated with entities whose gross annual revenues
exceed $250,000,000, we are unable at this time to estimate with
greater precision the number of cable system operators that would
qualify as small cable operators under the definition in the
Communications Act.
Multichannel Multipoint Distribution Service (``MMDS''): MMDS
Systems, often referred to as ``wireless cable,'' transmit video
programming to subscribers using microwave frequencies. In connection
with the 1996 MMDS auction, the Commission defined small businesses as
entities that had annual average gross revenues of less than $40
million in the previous three calendar years. This definition of a
small entity in the context of MDS auctions has been approved by the
SBA. The MDS auctions resulted in 67 successful bidders obtaining
licensing opportunities for 493 Basic Trading Areas (``BTAs''). Of the
67 auction winners, 61 met the definition of a small business.
Information available to us indicates that no MMDS facility generates
revenue in excess of $11 million annually. We conclude that there are
approximately 1634 small MMDS providers as defined by the SBA and the
Commission's auction rules.
Satellite Master Antenna Television (``SMATV'') Systems: The SBA
definition of small entities for cable and other program distribution
services includes SMATV services and, thus, small entities are defined
as all such companies generating $13.0 million or less in annual
receipts. Industry sources estimate that approximately 5,200 SMATV
operators were providing service as of December 1995. Other estimates
indicate that SMATV operators serve approximately 1.5 million
residential subscribers as of July 2001. The best available estimates
indicate that the largest SMATV operators serve between 15,000 and
55,000 subscribers each. Most SMATV operators serve approximately
3,000-4,000 customers. Because these operators are not rate regulated,
they are not required to file financial data with the Commission.
Furthermore, we are not aware of any privately published financial
information regarding these operators. Based on the estimated number of
operators and the estimated number of units served by the largest ten
SMATVs, we believe that a substantial number of SMATV operators qualify
as small entities.
Open Video Systems (``OVS''): Because OVS operators provide
subscription services, OVS falls within the SBA-recognized definition
of cable and other program distribution services. This definition
provides that a small entity is one with $13.0 million or less in
annual receipts. The Commission has certified 25 OVS operators with
some now providing service. Affiliates of Residential Communications
Network, Inc. (RCN) received approval to operate OVS systems in New
York City, Boston, Washington, DC and other areas. RCN has sufficient
revenues to assure us that they do not qualify as small business
entities. Little financial information is available for the other
entities authorized to provide OVS service but have not yet begun to
generate revenues, we conclude that at least some of the OVS operators
qualify as small entities.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
Under the decisions contained in the Report and Order, we are
effecting a change wherein we will allow 18 GHz band applicants to
operate on spectrum utilizing different bandwidth channels in addition
to the ones already in existence. The decisions do not include any
changes in the language of FCC Forms nor do they require extra filings.
We are also allowing certain flexibility for some future modifications
to be achieved without the necessity of filing further applications. To
protect Federal Government earth stations that may be authorized in the
Denver, Colorado, and Washington, DC, areas, we adopt provisions
requested by the National Telecommunications and Information
Administration (NTIA) whereby the Commission will coordinate through
the Frequency Assignment Subcommittee of the Interdepartment Radio
Advisory Committee (IRAC) applications in the 17.7-17.8 GHz band for
MVPD operations.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
The RFA requires an agency to describe any significant alternatives
that it has considered in reaching its proposed approach, which may
include the following four alternatives (among others): (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
In this Report and Order, we revise our rules to reduce regulatory
burdens for 18 GHz band terrestrial FS licensees that are subject to
involuntary relocation from the 18.3-19.3 GHz band pursuant to the
Commission's reallocation of that band for exclusive satellite services
use in IB Docket No. 98-172. These FS licensees will relocate to
spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz, where part 101 currently
designates channel sizes that are too large relative to the needs of
some relocating point-to-point microwave licensees and too small
relative to the needs of relocating PCOs and other MVPDs. The instant
Report and Order revises the rules to add new channel sizes in both
bands along with special rules for MVPDs within the 17.7-18.3 GHz band,
thereby facilitating the relocation.
Specifically, we adopt a revised band plan for the FS paired and
unpaired spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz, consisting of a
variety of channel bandwidths, primarily by adding narrower bandwidths,
and a block of unpaired spectrum from 17.7-17.74 GHz. In addition, we
permit applicants to request any amount of spectrum available based on
their specific needs. We find that this flexibility will promote the
more efficient use of the terrestrial 18 GHz band by allowing FS
licensees to request the amount of spectrum that they need, rather than
having to request larger bandwidth channels or seek a waiver of the
Commission's rules. The additional flexibility and the elimination of
the regulatory burden of seeking waivers will also promote small
entities' access to spectrum for FS operations, both as relocating
incumbents and as new entrants. Further, we find that permitting
unpaired use by any FS licensee of the 17.7-17.74 GHz sub-band will
provide additional opportunities for small entities to access spectrum.
Moreover, licensees will be permitted to pair channels in the 17.7-
17.74 GHz sub-band with other channels in the terrestrial 18 GHz band.
In addition, the Report and Order designates a contiguous 600
megahertz block of one-way spectrum from 17.7-18.3 GHz for use by
MVPDs, who will have flexibility within such block to determine the
appropriate bandwidths and other technical parameters of their MVPD
operations. Although the Commission originally proposed to
[[Page 69046]]
designate only a 500 megahertz block for use by MVPDs, we conclude in
this Report and Order that the additional 100 megahertz of spectrum
will offer small entities a reasonably cost effective transmission
solution to compete with large telecommunications and cable companies.
In this Report and Order, we also provide channel flexibility to
grandfathered MVPDs in the 18.3-18.58 GHz band, which was previously
designated for non-primary use by MVPDs. Specifically, we find that it
is in the public interest to adopt the proposal in the NPRM to retain
the 18.3-18.58 GHz sub-band for grandfathered MVPDs given its adjacency
to the 17.7-18.3 GHz band that we are designating for MVPDs today. We
believe this approach is appropriate because it preserves the status of
the grandfathered terrestrial licensees in the 18.3-18.58 GHz sub-band,
many of which are small entities.
We also adopt a requirement that all MVPD applications (under parts
74, 78, or 101) seeking authority to operate in the 17.7-17.8 GHz band
near Denver, Colorado, and Washington, DC be coordinated with the
Federal Government by the Commission before an authorization will be
issued in order to protect government satellite operations in those
areas. The Commission considered requiring applicants to coordinate
their applications directly with IRAC at the same time of filing their
applications with the Commission. However, we find that it may be less
burdensome on small entities if the Commission were to coordinate the
applications through IRAC rather than requiring applicants to do so. In
addition, we sought to minimize the potential burden on all entities by
limiting both the scope of operations and geographical areas that will
be subject to this requirement.
F. Report to Congress
The Commission will send a copy of this Report and Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
29. Paperwork Reduction Analysis. This Report and Order does not
contain either a proposed or modified information collection.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Environmental impact statements, Radio, Reporting and
recordkeeping requirements, Telecommunications.
47 CFR Part 2
Communications equipment, Radio, Reporting and recordkeeping
requirements, Telecommunications, Television, Wiretapping and
electronic surveillance.
47 CFR Part 74
Communications equipment, Education, Radio, Reporting and
recordkeeping requirements, Research, Television.
47 CFR Part 78
Cable television, Communications equipment, Radio, Reporting and
recordkeeping requirements.
47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
0
For the reasons discussed in the preamble, the Federal Communications
Commission hereby amends 47 CFR parts 1, 2, 74, 78, and 101 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, and 303(r).
0
2. Section 1.924 is amended by adding a new paragraph (e)(4) to read as
follows:
Sec. 1.924 Quiet zones.
* * * * *
(e) * * *
(4) In the band 17.7-17.8 GHz, fixed service applications, under
parts 74, 78, or 101 of this chapter, supporting Multichannel Video
Programming Distributors shall be coordinated with the Federal
Government by the Commission before an authorization will be issued if
the station or proposed station is located in whole or in part within
any of the areas defined in paragraphs (e)(1) or (e)(2) of this
section.
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
3. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
4. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Revise page 49.
0
b. In the list of United States (US) footnotes, add footnote US401.
Sec. 2.106 Table of Frequency Allocations.
The revisions and additions read as follows:
* * * * *
BILLING CODE 6712-01-P
[[Page 69047]]
[GRAPHIC] [TIFF OMITTED] TR29NO06.000
BILLING CODE 6712-01-C
[[Page 69048]]
* * * * *
UNITED STATES (US) FOOTNOTES
* * * * *
US401 In the band 17.7-17.8 GHz, Federal earth stations in the
fixed-satellite service (space-to-Earth) may be authorized in the
Denver, CO and Washington, DC areas on a primary basis. Before
commencement of operations, non-Federal fixed service applications
supporting Multichannel Video Programming Distributors (MVPD) shall be
coordinated through the Frequency Assignment Subcommittee of the
Interdepartment Radio Advisory Committee.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
5. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
0
6. Section 74.25 is amended by revising paragraph (c) (3) to read as
follows:
Sec. 74.25 Temporary conditional operating authority.
* * * * *
(c) * * *
(3) If operated on frequencies in the 17.8-19.7 GHz band for any
services or on frequencies in the 17.7-17.8 GHz band for MVPD
operations, the station site does not lie within any of the areas
identified in Sec. 1.924 of this chapter.
* * * * *
0
7. Section 74.32 is revised to read as follows:
Sec. 74.32 Operation in the 17.7-17.8 GHz and 17.8-19.7 GHz bands.
(a) To minimize or avoid harmful interference to Federal Government
Satellite Earth Stations located in the Denver, Colorado and
Washington, DC areas, any application for a new station license to
provide MVPD operations in the 17.7-17.8 GHz band or to operate in the
17.8-19.7 GHz band for any service, or for modification of an existing
station license in these bands which would change the frequency, power,
emission, modulation, polarization, antenna height or directivity, or
location of such a station, must be coordinated with the Federal
Government by the Commission before an authorization will be issued, if
the station or proposed station is located in whole or in part within
any of the areas defined by the following rectangles or circles:
Denver, CO Area
Rectangle 1:
41[deg]30'00'' N. Lat. on the north
103[deg]10'00'' W. Long. on the east
38[deg]30'00'' N. Lat. on the south
106[deg]30'00'' W. Long. on the west
Rectangle 2:
38[deg]30'00'' N. Lat. on the north
105[deg]00'00'' W. Long. on the east
37[deg]30'00'' N. Lat. on the south
105[deg]50'00'' W. Long. on the west
Rectangle 3:
40[deg]08'00'' N. Lat. on the north
107[deg]00'00'' W. Long. on the east
39[deg]56'00'' N. Lat. on the south
107[deg]15'00'' W. Long. on the west
Washington, DC Area
Rectangle:
38[deg]40'00'' N. Lat. on the north
78[deg]50'00'' W. Long. on the east
38[deg]10'00'' N. Lat. on the south
79[deg]20'00'' W. Long. on the west
or
(b) Within a radius of 178 km of 38[deg]48'00'' N. Lat./
76[deg]52'00'' W. Long.
(c) In addition, no application seeking authority for MVPD
operations in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz
band for any service will be accepted for filing if the proposed
station is located within 20 km of the following coordinates:
Denver, CO area: 39[deg]43'00'' N. Lat./104[deg]46'00'' W. Long.
Washington, DC area: 38[deg]48'00'' N. Lat./ 76[deg]52'00'' W. Long.
Note to Sec. 74.32: The coordinates cited in this section are
specified in terms of the ``North American Datum of 1983 (NAD 83)''
with an accuracy of 30 meters with respect to the ``National Spacial
Reference System''.
PART 78--CABLE TELEVISION RELAY SERVICE
0
8. The authority citation for part 78 continues to read as follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.
0
9. Section 78.19 is amended by revising paragraphs (f) introductory
text and (f)(2) introductory text to read as follows:
Sec. 78.19 Interference.
* * * * *
(f) Protection to the Federal Government's receive earth station
operations in the Denver, Colorado and Washington D.C. areas in the
17,700 to 19,700 MHz band.
* * * * *
(2) To minimize or avoid harmful interference to Government
Satellite Earth Stations located in the Denver, Colorado and
Washington, DC areas, any application for a new station license for
MVPD operations in the 17.7-17.8 GHz band or to operate in the 17.8-
19.7 GHz band for any service, or for modification of an existing
station license in these bands which would change the frequency, power,
emission, modulation, polarization, antenna height or directivity, or
location of such a station, must be coordinated with the Federal
Government by the Commission before an authorization will be issued, if
the station or proposed station is located in whole or in part within
any of the areas defined by the following rectangles or circles:
* * * * *
PART 101--FIXED MICROWAVE SERVICES
0
10. The authority citation for part 101 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
11. Section 101.31 is amended by revising paragraphs (a)(3) and
(b)(1)(v) to read as follows:
Sec. 101.31 Temporary and conditional authorizations.
(a) * * *
(3) Operations in the 17.8-19.7 GHz band for any services and in
the 17.7-17.8 GHz band for MVPD operations are prohibited in the areas
defined in Sec. 1.924 of this chapter. Operations proposed in the
areas defined in Sec. 1.924 of this chapter may not commence without
prior specific notification to, and authorization from, the Commission.
(b) * * *
(1) * * *
(v) The station site does not lie within 56.3 kilometers of any
international border, within areas identified in Sec. Sec. 1.924(a)
through (d) of this chapter unless the affected entity consents in
writing to conditional operation or, if for any services on frequencies
in the 17.8-19.7 GHz band and for MVPD operations in the 17.7-17.8 GHz
band, within any of the areas identified in Sec. 1.924 of this
chapter;
* * * * *
0
12. Section 101.63 is amended by adding paragraph (g) to read as
follows:
Sec. 101.63 Period of construction; certification of completion of
construction.
* * * * *
(g) MVPD licensees which have both analog and digital emissions
designators sp
