Amendment of the Commission's Rules To Modify Antenna Requirements for the 10.7-11.7 GHz Band, 20494-20499 [E7-7796]
Download as PDF
<![CDATA[
20494
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules
§ 174.518 Bacillus thuringiensis Cry3Bb1
protein in corn; exemption from the
requirement of a tolerance.
Residues of Bacillus thuringiensis
Cry3Bb1 protein in corn are exempt
from the requirement of a tolerance
when used as plant-incorporated
protectants in the food and feed
commodities of corn; corn, field; corn,
sweet; and corn, pop.
§ 174.519 Bacillus thuringiensis Cry2Ab2
protein in cotton; exemption from the
requirement of a tolerance.
Residues of Bacillus thuringiensis
Cry2Ab2 protein in cotton is exempt
from the requirement of a tolerance
when used as a plant-incorporated
protectant in the food and feed
commodities, cotton seed, cotton oil,
cotton meal, cotton hay, cotton hulls,
cotton forage, and cotton gin
byproducts.
Residues of Bacillus thuringiensis
Cry1F protein in corn are exempt from
the requirement of a tolerance when
used as plant-incorporated protectants
in the food and feed commodities of
corn; corn, field; corn, sweet; and corn,
pop.
§ 174.521 Neomycin phosphotransferase
II; exemption from the requirement of a
tolerance.
Residues of the neomycin
phosphotransferase II (NPTII) enzyme
are exempted from the requirement of a
tolerance in all food commodities when
used as a plant-incorporated protectant
inert ingredient.
§ 174.522 Phosphinothricin
Acetyltransferase (PAT); exemption from
the requirement of a tolerance.
Residues of the Phosphinothricin
Acetyltransferase (PAT) enzyme are
exempt from the requirement of a
tolerance when used as plantincorporated protectant inert
ingredients in all food commodities.
cprice-sewell on PRODPC61 with PROPOSALS
§ 174.523 CP4 Enolpyruvylshikimate-3phosphate (CP4 EPSPS) synthase in all
plants; exemption from the requirement of
a tolerance.
Residues of the CP4
Enolpyruvylshikimate-3-phosphate (CP4
EPSPS) synthase enzyme in all plants
are exempt from the requirement of a
tolerance when used as plantincorporated protectant inert
ingredients in all food commodities.
§ 174.524 Glyphosate Oxidoreductase
GOX or GOXv247 in all plants; exemption
from the requirement of a tolerance.
Residues of the Glyphosate
Oxidoreductase GOX or GOXv247
VerDate Aug<31>2005
15:21 Apr 24, 2007
Jkt 211001
[FR Doc. E7–7767 Filed 4–24–07; 8:45 am]
§ 174.525 E. coli B-D-glucuronidase
enzyme as a plant-incorporated protectant
inert ingredient; exemption from the
requirement of a tolerance.
FEDERAL COMMUNICATIONS
COMMISSION
Residues of E. coli B-D-glucuronidase
enzyme are exempt from the
requirement of a tolerance when used as
a plant-incorporated protectant inert
ingredient in all food commodities.
§ 174.526 Hygromycin B
phosphotransferase (APH4) marker protein
in all plants; exemption from the
requirement of a tolerance.
§ 174.520 Bacillus thuringiensis Cry1F
protein in corn; exemption from the
requirement of a tolerance.
requirement of a tolerance may be
revoked at any time.
enzyme in all plants are exempt from
the requirement of a tolerance when
used as plant-incorporated protectant
inert ingredients in all food
commodities.
Residues of the Hygromycin B
phosphotransferase (APH4) enzyme in
all plants are exempt from the
requirement of a tolerance when used as
a plant-incorporated protectant inert
ingredient in cotton.
§ 174.527 Phosphomannose isomerase in
all plants; exemption from the requirement
of a tolerance.
Residues of the phosphomannose
isomerase (PMI) enzyme in plants are
exempt from the requirement of a
tolerance when used as plantincorporated protectant inert
ingredients in all food commodities.
10. Section 174.458 is redesignated as
§ 174.528 and revised to read as follows:
§ 174.528 Bacillus thuringiensis Vip3Aa20
protein; temporary exemption from the
requirement of a tolerance.
Residues of Bacillus thuringiensis
Vip3Aa20 protein in corn are
temporarily exempt from the
requirement of a tolerance when used as
a plant-incorporated protectant in the
food and feed commodities of corn;
corn, field; corn, sweet; corn, pop. This
temporary exemption from the
requirement of tolerance will permit the
use of the food commodities in this
paragraph when treated in accordance
with the provisions of the experimental
use permit 67979–EUP–6, which is
being issued in accordance with the
provisions of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended (7 U.S.C. 136).
This temporary exemption from the
requirement of a tolerance expires and
is revoked March 31, 2008; however, if
the experimental use permit is revoked,
or if any experience with or scientific
data on this pesticide indicate that the
temporary tolerance exemption is not
safe, this temporary exemption from the
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
BILLING CODE 6560–50–S
47 CFR Part 101
[WT Docket No. 07–54; RM–11043; FCC 07–
38]
Amendment of the Commission’s
Rules To Modify Antenna
Requirements for the 10.7–11.7 GHz
Band
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this document, we seek
comment on modifying the
Commission’s Rules to permit the
installation of smaller antennas by
Fixed Service (FS) operators in response
to a petition for rulemaking filed by
FiberTower, Inc. (FiberTower). In
particular, we seek comment on
whether these modifications would
serve the public interest by facilitating
the efficient use of the 11 GHz band
while protecting other users in the band
from interference due to the use of
smaller antennas.
DATES: Comments must be filed on or
before May 25, 2007, and reply
comments must be filed on or before
June 11, 2007.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. You may submit
comments, identified by WT Docket No.
07–54, by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Brian Wondrack at 202–418–2487.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
E:\FR\FM\25APP1.SGM
25APP1
cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules
Proposed Rule Making, released March
27, 2007. The complete text of this
document, including attachments and
related Commission documents, is
available for inspection and copying
during normal business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street, SW., Washington, DC
20554. The complete text of the Notice
of Proposed Rulemaking and related
Commission documents may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room, CY–B402,
Washington, DC 20554, telephone 202–
488–5300, facsimile 202–488–5563, or
you may contact BCPI at its Web site
https://www.BCPIWEB.com. When
ordering documents from BCPI please
provide the appropriate FCC document
number, for example, FCC 07–38. The
Notice of Proposed Rulemaking is
available on the Commission’s Web site:
https://hraunfoss.fcc.gov/edocs_public/
attachmatch/FCC–07–38A1.doc.
Pursuant to sections 1.415 and 1.419
of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using: (1) The Commission’s
Electronic Comment Filing System
(ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing
paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/ or the Federal eRulemaking
Portal: https://www.regulations.gov.
Filers should follow the instructions
provided on the Web site for submitting
comments.
• For ECFS filers, if multiple docket
or rulemaking numbers appear in the
caption of this proceeding, filers must
transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
rulemaking number. Parties may also
submit an electronic comment by
Internet e-mail. To get filing
instructions, filers should send an email to ecfs@fcc.gov, and include the
following words in the body of the
message, ‘‘get form.’’ A sample form and
directions will be sent in response.
• Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
VerDate Aug<31>2005
15:21 Apr 24, 2007
Jkt 211001
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). All filings must be addressed to
the Commission’s Secretary, Office of
the Secretary, Federal Communications
Commission.
• The Commission’s contractor will
receive hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street, SW.,
Washington, DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
I. Summary of Notice of Proposed
Rulemaking
1. In the Notice of Proposed Rule
Making (NPRM), the Commission, in
response to a petition filed by
FiberTower, Inc., initiates a rulemaking
proceeding to establish a full record and
determine whether to adopt
modifications to part 101 of the
Commission’s Rules to permit the
installation of smaller antennas by
Fixed Service (FS) operators in the
10.7–11.7 GHz (11 GHz) band.
Specifically, the NPRM seeks comment
on whether the proposed rule
modifications to the antenna standards
and coordination procedures in part 101
serve the public interest by facilitating
the efficient use of the 11 GHz band
while protecting other users in the band
from interference due to the use of
smaller antennas.
2. Background. The 11 GHz band is
allocated within the United States on a
co-primary basis to the Fixed Services
(FS), licensed under part 101 of the
Commission’s Rules, 47 CFR part 101,
PO 00000
Frm 00056
Fmt 4702
Sfmt 4702
20495
and to the Fixed Satellite Service (FSS),
licensed under part 25 of the
Commission’s Rules, 47 CFR part 25.
Specifically, in the United States, the 11
GHz band is used by the FS for Local
Television Transmission Service
(LTTS), Private Operational Fixed Point
to Point Microwave, and Common
Carrier Fixed Point-to-Point Microwave
operations. Although the 11 GHz band
is allocated internationally for FSS on a
primary basis, the use of the FSS
downlink band at 11 GHz is limited,
within the United States, to
international systems, i.e., other than
domestic systems, pursuant to 47 CFR
2.106 NG104. The Commission’s
purpose in adopting such a restriction
was to protect incumbent microwave
operations and licensees in the 11 GHz
band.
3. On July 14, 2004, FiberTower filed
a petition for rulemaking proposing
amendments to the antenna standards
and coordination procedures governing
the use microwave antennas in the 11
GHz band in order to maximize the
efficient use of the spectrum. The
antenna standards, which are set-forth
in 47 CFR 101.115(b), are designed to
maximize the use of microwave
spectrum, including the 11 GHz band,
while avoiding interference between
operators and other users in the band.
FiberTower proposed changes to those
parameters that would permit the use of
FS antennas with reduced mainbeam
gain, increased beamwidth, and
modified sidelobe suppression in the 11
GHz band, thereby effectively
permitting the use of 0.61 meter
antennas as an optional alternative to
the 1.22 meter antennas that meet the
existing technical parameters for FS in
the 11 GHz band. The coordination
procedures, which are set-forth in 47
CFR 101.103, exist to establish
interference standards applicable to the
operation of FS antennas in the 11 GHz
band. FiberTower proposed
amendments to the coordination
procedures to protect other users in the
11 GHz band from experiencing any
greater interference from a FS licensee’s
use of a 0.61 meter antenna than would
be experienced if the FS licensee were
using a 1.22 meter antenna.
4. Need for the Rule Changes. In the
NPRM, the Commission concludes that
the public interest would be served by
initiating a proceeding to consider the
possibility of modifying the
Commission’s Rules to permit the
installation of 0.61 meter antennas in
the 11 GHz band. The Commission finds
that review the technical specifications
for the 11 GHz band is appropriate at
this time. The Commission notes that
the specifications that limit the size of
E:\FR\FM\25APP1.SGM
25APP1
cprice-sewell on PRODPC61 with PROPOSALS
20496
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules
FS antennas in the 11 GHz band reflect
the technical sophistication of the
communications equipment and the
needs of the various users of the band
at the time that the rules were adopted.
The Commission further notes that it
adopted similar technical specifications
that effectively limited the size of
antennas used in other bands, including
those used by satellite, but has since
reconsidered many of those antenna
specifications in light of the
technological evolution of
communications equipment.
5. The Commission tentatively
concludes that the shared nature of the
11 GHz band does not preclude the
Commission from facilitating the
efficient use of the 11 GHz band by
permitting FS users to erect 0.61 meter
antennas while appropriately protecting
other users in the band from harmful
interference associated with the use of
smaller antennas. The Commission
explained in the NPRM that, although
the 11 GHz band is shared on a coprimary basis with the FSS, domestic
use of the 11 GHz band by the FSS has
been limited, to date, because the
Commission has sought to protect the
use and expansion of terrestrial
microwave services within the band.
The Commission emphasized that its
Rules explicitly limit satellite use of the
11 GHz band to international systems
and that the Commission’s intent and
effect in adopting footnote NG104 was
to limit the expansion of FSS in the 11
GHz band and protect the future use of
the band for FS. However, the
Commission invites comments on its
tentative conclusion.
6. Antenna Standards. Antenna
standards are designed to maximize the
use of microwave spectrum, including
the 11 GHz band, while avoiding
interference between operators and
other users in the band. The
Commission recognizes that the
proposed use of smaller, lower-gain
antennas will result in more radio
frequency energy being transmitted in
directions away from the actual pointto-point link on account of the relaxed
radiation suppression on angles away
from the centerline of the main beam as
well as because users of 0.61 meter
antennas will have to transmit with
approximately 4.5 dB more power in
order to overcome the reduced main
beam gain. The Commission seeks to
ensure that any proposed changes to the
Commission’s Rules appropriately
protect other users in the band from
interference due to the operation of 0.61
meter antennas. The NPRM seeks
comment on whether the use of 0.61
meter antennas by FS licensees in the 11
GHz band will adversely affect other
VerDate Aug<31>2005
15:21 Apr 24, 2007
Jkt 211001
users in the band by increasing the risk
of interference. The Commission seeks
specific comment on the ‘‘White Paper
Report on Proposed Changes to Small
Antenna Standards in the 11 GHz Band’’
submitted by Alcatel in support of the
FiberTower Petition because it suggests
that the impact of deploying 0.61 meter
antennas in the 11 GHz band will be
minimal. The Commission also requests
that parties comment on the extent to
which the rules proposed by
FiberTower mitigate or obviate
interference concerns, or propose
additional options to mitigate
interference, such as a power or EIRP
tradeoff.
7. In addition to seeking comments on
interference issues generally, the
Commission also seeks comment on
specific interference issues. For
example, the Commission inquires
whether an earth station operator could
face a situation in which it experiences
harmful interference as a result of the
aggregate effect of several nearby FS
antennas, even if each antenna standing
alone would not create a problem. The
Commission asks parties to comment on
whether the use of 0.61 meter antennas
by FS licensees in the 11 GHz band will
adversely affect other users in the band
by increasing the risk of aggregate
interference, especially to earth stations.
The Commission invites parties to
suggest ways to avoid or mitigate
instances of aggregate interference, if
they were to occur. The NPRM
specifically suggests that parties discuss
the sufficiency of existing industry
practices, coordination requirements,
and interference criteria to address the
possibility or occurrence of aggregate
interference.
8. The Commission also seeks
comment on whether the size of the
equipment and the technical
characteristics of the antenna patterns
make the 0.61 meter antenna more
difficult to point accurately. The
Commission specifically asks parties to
address whether the use of smaller
antennas in the 11 GHz band
significantly increases the risk of
interference to other users in the band
due to accuracy errors in pointing the
0.61 meter antennas. The Commission
therefore invites parties to discuss the
likelihood, effect, and addressability of
pointing errors and to comment on how
the Commission has approached similar
issues concerning interference due to
pointing errors in the past.
9. Coordination Procedures.
Coordination procedures, set-forth in 47
CFR 101.103, exist to establish
interference standards applicable to the
operation of FS antennas in the 11 GHz
band. The FiberTower Petition proposes
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
amendments to the coordination
requirements in 47 CFR 101.103 to
protect other users in the 11 GHz band
from experiencing any greater
interference from the use of a 0.61 meter
antenna than would be experienced by
the use of a 1.22 meter antenna.
Specifically, pursuant to the proposed
amendments, if either an FS applicant
that is attempting to frequency
coordinate a 1.22 meter (or larger)
antenna for use in the 11 GHz band or
an FSS applicant for an earth station in
the 11 GHz band predicts received
interference from an FS licensee or prior
applicant using a 0.61 meter antenna in
the 11 GHz band, it may require the FS
licensee or prior applicant using the
0.61 meter antenna to reduce predicted
interference to levels no higher than
would be predicted from the use of a
1.22 meter antenna. In addition, the
proposed amendments only permit the
FS licensee or prior applicant using a
0.61 meter antenna in the 11 GHz band
to object to a prior coordination notice
if it would have actual grounds to object
to predicted interference if it were using
a 1.22 meter antenna at the same site,
polarization, frequency, bandwidth, and
orientation.
10. The Commission seeks comment
on whether these amendments strike the
appropriate balance between efficient
spectrum use and interference
protection in the 11 GHz band and
requests that parties address precedent
where the Commission has amended
technical rules to permit the use of
smaller antennas. The Commission
invites parties to comment on whether
the Commission’s rules and industry
practices are sufficient to allow parties
to resolve instances where 0.61 meter
antennas cause more interference than
otherwise would be caused by 1.22
meter antennas.
11. Accordingly, the Commission
seeks comment on whether the
proposed amendments to the part 101
antenna standards and coordination
requirements would facilitate the
efficient use of the 11 GHz band by
affording FS licensees the flexibility to
install 0.61 meter antennas in the 11
GHz band while appropriately
protecting other users in the band from
interference. The Commission also seeks
comment on whether these changes will
facilitate a range of fixed microwave
applications—including those that
support third generation mobile
services—that are not currently being
accommodated in the 11 GHz band
under the existing rules governing use
of the band.
E:\FR\FM\25APP1.SGM
25APP1
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules
II. Initial Regulatory Flexibility
Analysis
12. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this present Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
a substantial number of small entities by
the policies and rules proposed in this
Notice of Proposed Rulemaking (NPRM).
Written public comments are requested
on this IRFA. Comments must be
identified as responses to the IRFA and
must be filed by the deadlines for
comments on the NPRM provided in
paragraph 29 of the NPRM. The
Commission will send a copy of the
NPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA). In
addition, the NPRM and IRFA (or
summaries thereof) will be published in
the Federal Register.
nature of the 11 GHz band does not
preclude the Commission from
facilitating the efficient use of the 11
GHz band by permitting FS users to
erect 0.61 meter antennas. However, we
also wish to ensure that any proposed
changes to the Commission’s rules
appropriately protect other users in the
band from increased interference due to
the use of 0.61 meter antennas. To this
end, we seek comments on particular
interference concerns as well as on the
more general issue of whether the use of
0.61 meter antennas by FS licensees in
the 11 GHz band will adversely affect
other users in the band by increasing the
likelihood of interference.
cprice-sewell on PRODPC61 with PROPOSALS
A. Need for, and Objectives of, the
Proposed Rules
B. Legal Basis
15. The proposed action is authorized
pursuant to sections 1, 2, 4(i), 7, 10, 201,
214, 301, 302, 303, 307, 308, 309, 310,
319, 324, 332 and 333 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
157, 160, 201, 214, 301, 302, 303, 307,
308, 309, 310, 319, 324, 332, and 333.
13. In this NPRM, we seek comment
on a petition for rulemaking filed by
FiberTower, Inc. (FiberTower) on July
14, 2004. The FiberTower Petition
requests that the Commission initiate a
rulemaking to amend the technical
parameters in §§ 101.103 and 101.115 of
the Commission’s rules that establish
interference protection for operators in
the 10.7–11.7 GHz (11 GHz) band in
order to permit the use of 0.61 meter
(‘‘two-foot’’) antennas as an optional
alternative to the 1.22 meter (‘‘fourfoot’’) antennas that meet the existing
technical parameters for Fixed
Microwave Service in the 11 GHz band.
Specifically, the FiberTower Petition
proposes changes to the technical
parameters in § 101.115 of the
Commission’s rules to permit the use of
Fixed Service (FS) antennas with
reduced mainbeam gain, increased
beamwidth, and modified sidelobe
suppression in the 11 GHz band. The
FiberTower Petition also proposes
amendments to § 101.103 of the
Commission’s rules to protect other
users in the 11 GHz band from
experiencing any greater interference
from the use of a 0.61 meter antenna
than would be experienced by the use
of a 1.22 meter antenna.
14. We seek comment in this NPRM
on modifying the Commission’s rules to
permit the installation of 0.61 meter
antennas in the 11 GHz band, while
appropriately protecting other users in
the band. Such action could serve the
public interest by facilitating the
efficient use of the 11 GHz band. We
tentatively conclude that the shared
C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
16. The RFA directs agencies to
provide a description of, and where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules and policies, if
adopted. The RFA generally defines the
term ‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A ‘‘small business concern’’ is one
which: (1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
SBA.
17. Nationwide, there are a total of
approximately 22.4 million small
businesses, according to SBA data. A
‘‘small organization’’ is generally ‘‘any
not-for-profit enterprise which is
independently owned and operated and
is not dominant in its field.’’
Nationwide, as of 2002, there were
approximately 1.6 million small
organizations. The term ‘‘small
governmental jurisdiction’’ is defined
generally as ‘‘governments of cities,
towns, townships, villages, school
districts, or special districts, with a
population of less than fifty thousand.’’
Census Bureau data for 2002 indicate
that there were 87,525 local
governmental jurisdictions in the
United States. We estimate that, of this
VerDate Aug<31>2005
15:21 Apr 24, 2007
Jkt 211001
PO 00000
Frm 00058
Fmt 4702
Sfmt 4702
20497
total, 84,377 entities were ‘‘small
governmental jurisdictions.’’ Thus, we
estimate that most governmental
jurisdictions are small.
18. Fixed Microwave Services.
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. Census Bureau data
for 2002 show that there were 1,397
firms in this category that operated for
the entire year. Of this total, 1,378 firms
had employment of 999 or fewer
employees, and 19 firms had
employment of 1,000 employees or
more. Thus, under this size standard,
the majority of firms can be considered
small. We note that the number of firms
does not necessarily track the number of
licensees. We estimate that all of the
Fixed Microwave licensees (excluding
broadcast auxiliary licensees) would
qualify as small entities under the SBA
definition.
19. Satellite Telecommunications and
Other Telecommunications. There is no
small business size standard developed
specifically for providers of
international service. The appropriate
size standards under SBA rules are for
the two broad census categories of
‘‘Satellite Telecommunications’’ and
‘‘Other Telecommunications.’’ Under
both categories, such a business is small
if it has $13.5 million or less in average
annual receipts.
20. The first category of Satellite
Telecommunications ‘‘comprises
establishments primarily engaged in
providing point-to-point
telecommunications services to other
establishments in the
telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications.’’ For this category,
Census Bureau data for 2002 show that
there were a total of 371 firms that
operated for the entire year. Of this
total, 307 firms had annual receipts of
under $10 million, and 26 firms had
receipts of $10 million to $24,999,999.
Consequently, we estimate that the
majority of Satellite
Telecommunications firms are small
E:\FR\FM\25APP1.SGM
25APP1
20498
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules
cprice-sewell on PRODPC61 with PROPOSALS
entities that might be affected by our
action.
21. The second category of Other
Telecommunications ‘‘comprises
establishments primarily engaged in (1)
Providing specialized
telecommunications applications, such
as satellite tracking, communications
telemetry, and radar station operations;
or (2) providing satellite terminal
stations and associated facilities
operationally connected with one or
more terrestrial communications
systems and capable of transmitting
telecommunications to or receiving
telecommunications from satellite
systems.’’ For this category, Census
Bureau data for 2002 show that there
were a total of 332 firms that operated
for the entire year. Of this total, 259
firms had annual receipts of under $10
million and 15 firms had annual
receipts of $10 million to $24,999,999.
Consequently, we estimate that the
majority of Other Telecommunications
firms are small entities that might be
affected by our action.
22. Space Stations (Geostationary).
Commission records reveal that there
are 15 space station licensees. We do
not request nor collect annual revenue
information, and thus are unable to
estimate of the number of geostationary
space stations that would constitute a
small business under the SBA definition
cited above, or apply any rules
providing special consideration for
Space Station (Geostationary) licensees
that are small businesses.
23. Fixed Satellite Transmit/Receive
Earth Stations. Currently there are
approximately 3,390 operational fixedsatellite transmit/receive earth stations
authorized for use in the C- and Kubands. The Commission does not
request or collect annual revenue
information, and thus is unable to
estimate the number of earth stations
that would constitute a small business
under the SBA definition.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
24. This NPRM proposes no new
reporting or recordkeeping
requirements. This NPRM proposes
amendments to the Commission’s rules
to afford licensees in the Fixed
Microwave Services (FS) with the
flexibility to use a 0.61 meter antenna in
the 11 GHz band as an optional
alternative to the 1.22 meter antenna
that meets the existing technical
parameters for FS in the 11 GHz band.
The proposed amendments would apply
equally to large and small entities and
benefit all FS licensees by reducing the
burden of seeking individual waivers to
VerDate Aug<31>2005
15:21 Apr 24, 2007
Jkt 211001
permit the use of 0.61 meter antennas in
the 11 GHz band. The Commission
requests comment on how these
proposed rules may be modified to
reduce the burden on small entities and
still meet the objectives of the
proceeding.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
25. 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.
26. As noted above, this NPRM
proposes rules to permit the use of 0.61
meter antennas as an optional
alternative to the 1.22 meter antennas
that meet the existing technical
parameters for FS in the 11 GHz band.
Because the proposed rules seek to
provide FS licensees in the 11 GHz with
additional flexibility, FS licensees retain
the option of continuing to employ 1.22
meter antennas that meet the existing
technical parameters for FS in the 11
GHz band. Thus, this proposed action
would provide an additional option to
all licensees, including small entity
licensees. In this NPRM, we seek
comment on this proposed action. Such
action could serve the public interest by
facilitating the efficient use of the 11
GHz band. The proposed rules could
promote the efficient use of the
spectrum and provide for a wide range
of fixed microwave applications that are
not currently being provided for in the
11 GHz band for financial, aesthetic,
and regulatory reasons. The proposed
rules could therefore open up economic
opportunities to a variety of spectrum
users, including small businesses.
Indeed, a number of the commenting
parties to support the proposed rules
identify themselves as small businesses.
27. This NPRM seeks comments on
particular interference concerns as well
as on the more general issue of whether
the use of 0.61 meter antennas by FS
licensees in the 11 GHz band will
adversely affect other users in the band
by increasing the likelihood of
interference. The Commission invites
comment on any additional significant
PO 00000
Frm 00059
Fmt 4702
Sfmt 4702
alternatives parties believe should be
considered and on how the approach
outlined in the NPRM will impact small
entities. The Commission will continue
to examine alternatives in the future
with the objectives of eliminating
unnecessary regulations and minimizing
any significant economic impact on
small entities.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
28. None.
III. Ordering Clauses
29. Pursuant to sections 1, 2, 4(i), 7,
10, 201, 214, 301, 302, 303, 307, 308,
309, 310, 319, 324, 332 and 333 of the
Communications Act of 1934, 47 U.S.C.
151, 152, 154(i), 157, 160, 201, 214, 301,
302, 303, 307, 308, 309, 310, 319, 324,
332, 333, that this Notice of Proposed
Rulemaking is hereby ADOPTED.
30. Notice is hereby given of the
proposed regulatory changes described
in this Notice, and that comment is
sought on these proposals.
31. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send shall
send a copy of this NPRM, including the
Initial Regulatory Flexibility Analysis,
to the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 101
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 101 as follows:
PART 101—FIXED MICROWAVE
SERVICES
1. The authority citation for part 101
continues as follows:
Authority: 47 U.S.C. 154, 303.
2. Section 101.103 is amended by
adding a new paragraph (j) to read as
follows:
§ 101.103 Frequency coordination
procedures.
*
*
*
*
*
(j) Coordination of small antennas in
the 10.7–11.7 GHz band.
(1) A licensee or prior applicant using
an antenna smaller than 1.22 meters (4
feet) in diameter may object to a prior
coordination notice only
E:\FR\FM\25APP1.SGM
25APP1
20499
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules
(i) If it has actual grounds to object
because of predicted interference, and
(ii) To the extent it would have
grounds to object if it were using a 1.22
meter antenna at the same site,
polarization, frequency, bandwidth, and
orientation.
(2) A Fixed Service applicant
attempting to frequency coordinate an
antenna of 1.22 meters in diameter or
Frequency (MHz)
Category
*
10,700–11,700* ......................
*
*
*
*
larger, or an applicant for a Fixed
Satellite Service earth station, that
predicts received interference from a
licensee or prior applicant using an
antenna smaller than 1.22 meters in
diameter, can require the licensee or
prior applicant to reduce the predicted
interference to levels no higher than
Maximum
beamwidth to 3
dB pts
*
3.5
3.5
§ 101.115
Directional antennas.
(b) * * *
(2) * * *
Minimum radiation suppression to angle in degrees from centerline of main beam in
decibels
5° to 10°
*
A
B
*
*
Minimum
antenna
Gain (dBi)
would be predicted from antenna of
1.22 meters in diameter.
3. Section 101.115 is amended by
revising the entry ‘‘10,700 to 11,700 5’’
to the table following paragraph (b)(2) to
read as follows:
10° to 15°
*
18
17
33.5
33.5
*
*
15° to 20°
20° to 30°
30° to 100°
*
32
32
35
35
*
24
24
28
28
*
*
*
[FR Doc. E7–7796 Filed 4–24–07; 8:45 am]
cprice-sewell on PRODPC61 with PROPOSALS
BILLING CODE 6712–01–P
VerDate Aug<31>2005
16:37 Apr 24, 2007
Jkt 211001
PO 00000
Frm 00060
Fmt 4702
Sfmt 4702
100° to
140°
E:\FR\FM\25APP1.SGM
25APP1
140° to
180°
*
55
40
*
55
45
]]>Agencies
[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Proposed Rules]
[Pages 20494-20499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7796]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 101
[WT Docket No. 07-54; RM-11043; FCC 07-38]
Amendment of the Commission's Rules To Modify Antenna
Requirements for the 10.7-11.7 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, we seek comment on modifying the
Commission's Rules to permit the installation of smaller antennas by
Fixed Service (FS) operators in response to a petition for rulemaking
filed by FiberTower, Inc. (FiberTower). In particular, we seek comment
on whether these modifications would serve the public interest by
facilitating the efficient use of the 11 GHz band while protecting
other users in the band from interference due to the use of smaller
antennas.
DATES: Comments must be filed on or before May 25, 2007, and reply
comments must be filed on or before June 11, 2007.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554. You may submit comments, identified by WT Docket
No. 07-54, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Brian Wondrack at 202-418-2487.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of
[[Page 20495]]
Proposed Rule Making, released March 27, 2007. The complete text of
this document, including attachments and related Commission documents,
is available for inspection and copying during normal business hours in
the FCC Reference Center (Room CY-A257), 445 12th Street, SW.,
Washington, DC 20554. The complete text of the Notice of Proposed
Rulemaking and related Commission documents may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th
Street, SW., Room, CY-B402, Washington, DC 20554, telephone 202-488-
5300, facsimile 202-488-5563, or you may contact BCPI at its Web site
https://www.BCPIWEB.com. When ordering documents from BCPI please
provide the appropriate FCC document number, for example, FCC 07-38.
The Notice of Proposed Rulemaking is available on the Commission's Web
site: https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-
38A1.doc.
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using: (1) The Commission's Electronic
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking
Portal, or (3) by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: https://www.regulations.gov. Filers
should follow the instructions provided on the Web site for submitting
comments.
For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
I. Summary of Notice of Proposed Rulemaking
1. In the Notice of Proposed Rule Making (NPRM), the Commission, in
response to a petition filed by FiberTower, Inc., initiates a
rulemaking proceeding to establish a full record and determine whether
to adopt modifications to part 101 of the Commission's Rules to permit
the installation of smaller antennas by Fixed Service (FS) operators in
the 10.7-11.7 GHz (11 GHz) band. Specifically, the NPRM seeks comment
on whether the proposed rule modifications to the antenna standards and
coordination procedures in part 101 serve the public interest by
facilitating the efficient use of the 11 GHz band while protecting
other users in the band from interference due to the use of smaller
antennas.
2. Background. The 11 GHz band is allocated within the United
States on a co-primary basis to the Fixed Services (FS), licensed under
part 101 of the Commission's Rules, 47 CFR part 101, and to the Fixed
Satellite Service (FSS), licensed under part 25 of the Commission's
Rules, 47 CFR part 25. Specifically, in the United States, the 11 GHz
band is used by the FS for Local Television Transmission Service
(LTTS), Private Operational Fixed Point to Point Microwave, and Common
Carrier Fixed Point-to-Point Microwave operations. Although the 11 GHz
band is allocated internationally for FSS on a primary basis, the use
of the FSS downlink band at 11 GHz is limited, within the United
States, to international systems, i.e., other than domestic systems,
pursuant to 47 CFR 2.106 NG104. The Commission's purpose in adopting
such a restriction was to protect incumbent microwave operations and
licensees in the 11 GHz band.
3. On July 14, 2004, FiberTower filed a petition for rulemaking
proposing amendments to the antenna standards and coordination
procedures governing the use microwave antennas in the 11 GHz band in
order to maximize the efficient use of the spectrum. The antenna
standards, which are set-forth in 47 CFR 101.115(b), are designed to
maximize the use of microwave spectrum, including the 11 GHz band,
while avoiding interference between operators and other users in the
band. FiberTower proposed changes to those parameters that would permit
the use of FS antennas with reduced mainbeam gain, increased beamwidth,
and modified sidelobe suppression in the 11 GHz band, thereby
effectively permitting the use of 0.61 meter antennas as an optional
alternative to the 1.22 meter antennas that meet the existing technical
parameters for FS in the 11 GHz band. The coordination procedures,
which are set-forth in 47 CFR 101.103, exist to establish interference
standards applicable to the operation of FS antennas in the 11 GHz
band. FiberTower proposed amendments to the coordination procedures to
protect other users in the 11 GHz band from experiencing any greater
interference from a FS licensee's use of a 0.61 meter antenna than
would be experienced if the FS licensee were using a 1.22 meter
antenna.
4. Need for the Rule Changes. In the NPRM, the Commission concludes
that the public interest would be served by initiating a proceeding to
consider the possibility of modifying the Commission's Rules to permit
the installation of 0.61 meter antennas in the 11 GHz band. The
Commission finds that review the technical specifications for the 11
GHz band is appropriate at this time. The Commission notes that the
specifications that limit the size of
[[Page 20496]]
FS antennas in the 11 GHz band reflect the technical sophistication of
the communications equipment and the needs of the various users of the
band at the time that the rules were adopted. The Commission further
notes that it adopted similar technical specifications that effectively
limited the size of antennas used in other bands, including those used
by satellite, but has since reconsidered many of those antenna
specifications in light of the technological evolution of
communications equipment.
5. The Commission tentatively concludes that the shared nature of
the 11 GHz band does not preclude the Commission from facilitating the
efficient use of the 11 GHz band by permitting FS users to erect 0.61
meter antennas while appropriately protecting other users in the band
from harmful interference associated with the use of smaller antennas.
The Commission explained in the NPRM that, although the 11 GHz band is
shared on a co-primary basis with the FSS, domestic use of the 11 GHz
band by the FSS has been limited, to date, because the Commission has
sought to protect the use and expansion of terrestrial microwave
services within the band. The Commission emphasized that its Rules
explicitly limit satellite use of the 11 GHz band to international
systems and that the Commission's intent and effect in adopting
footnote NG104 was to limit the expansion of FSS in the 11 GHz band and
protect the future use of the band for FS. However, the Commission
invites comments on its tentative conclusion.
6. Antenna Standards. Antenna standards are designed to maximize
the use of microwave spectrum, including the 11 GHz band, while
avoiding interference between operators and other users in the band.
The Commission recognizes that the proposed use of smaller, lower-gain
antennas will result in more radio frequency energy being transmitted
in directions away from the actual point-to-point link on account of
the relaxed radiation suppression on angles away from the centerline of
the main beam as well as because users of 0.61 meter antennas will have
to transmit with approximately 4.5 dB more power in order to overcome
the reduced main beam gain. The Commission seeks to ensure that any
proposed changes to the Commission's Rules appropriately protect other
users in the band from interference due to the operation of 0.61 meter
antennas. The NPRM seeks comment on whether the use of 0.61 meter
antennas by FS licensees in the 11 GHz band will adversely affect other
users in the band by increasing the risk of interference. The
Commission seeks specific comment on the ``White Paper Report on
Proposed Changes to Small Antenna Standards in the 11 GHz Band''
submitted by Alcatel in support of the FiberTower Petition because it
suggests that the impact of deploying 0.61 meter antennas in the 11 GHz
band will be minimal. The Commission also requests that parties comment
on the extent to which the rules proposed by FiberTower mitigate or
obviate interference concerns, or propose additional options to
mitigate interference, such as a power or EIRP tradeoff.
7. In addition to seeking comments on interference issues
generally, the Commission also seeks comment on specific interference
issues. For example, the Commission inquires whether an earth station
operator could face a situation in which it experiences harmful
interference as a result of the aggregate effect of several nearby FS
antennas, even if each antenna standing alone would not create a
problem. The Commission asks parties to comment on whether the use of
0.61 meter antennas by FS licensees in the 11 GHz band will adversely
affect other users in the band by increasing the risk of aggregate
interference, especially to earth stations. The Commission invites
parties to suggest ways to avoid or mitigate instances of aggregate
interference, if they were to occur. The NPRM specifically suggests
that parties discuss the sufficiency of existing industry practices,
coordination requirements, and interference criteria to address the
possibility or occurrence of aggregate interference.
8. The Commission also seeks comment on whether the size of the
equipment and the technical characteristics of the antenna patterns
make the 0.61 meter antenna more difficult to point accurately. The
Commission specifically asks parties to address whether the use of
smaller antennas in the 11 GHz band significantly increases the risk of
interference to other users in the band due to accuracy errors in
pointing the 0.61 meter antennas. The Commission therefore invites
parties to discuss the likelihood, effect, and addressability of
pointing errors and to comment on how the Commission has approached
similar issues concerning interference due to pointing errors in the
past.
9. Coordination Procedures. Coordination procedures, set-forth in
47 CFR 101.103, exist to establish interference standards applicable to
the operation of FS antennas in the 11 GHz band. The FiberTower
Petition proposes amendments to the coordination requirements in 47 CFR
101.103 to protect other users in the 11 GHz band from experiencing any
greater interference from the use of a 0.61 meter antenna than would be
experienced by the use of a 1.22 meter antenna. Specifically, pursuant
to the proposed amendments, if either an FS applicant that is
attempting to frequency coordinate a 1.22 meter (or larger) antenna for
use in the 11 GHz band or an FSS applicant for an earth station in the
11 GHz band predicts received interference from an FS licensee or prior
applicant using a 0.61 meter antenna in the 11 GHz band, it may require
the FS licensee or prior applicant using the 0.61 meter antenna to
reduce predicted interference to levels no higher than would be
predicted from the use of a 1.22 meter antenna. In addition, the
proposed amendments only permit the FS licensee or prior applicant
using a 0.61 meter antenna in the 11 GHz band to object to a prior
coordination notice if it would have actual grounds to object to
predicted interference if it were using a 1.22 meter antenna at the
same site, polarization, frequency, bandwidth, and orientation.
10. The Commission seeks comment on whether these amendments strike
the appropriate balance between efficient spectrum use and interference
protection in the 11 GHz band and requests that parties address
precedent where the Commission has amended technical rules to permit
the use of smaller antennas. The Commission invites parties to comment
on whether the Commission's rules and industry practices are sufficient
to allow parties to resolve instances where 0.61 meter antennas cause
more interference than otherwise would be caused by 1.22 meter
antennas.
11. Accordingly, the Commission seeks comment on whether the
proposed amendments to the part 101 antenna standards and coordination
requirements would facilitate the efficient use of the 11 GHz band by
affording FS licensees the flexibility to install 0.61 meter antennas
in the 11 GHz band while appropriately protecting other users in the
band from interference. The Commission also seeks comment on whether
these changes will facilitate a range of fixed microwave applications--
including those that support third generation mobile services--that are
not currently being accommodated in the 11 GHz band under the existing
rules governing use of the band.
[[Page 20497]]
II. Initial Regulatory Flexibility Analysis
12. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed in this Notice of Proposed Rulemaking
(NPRM). Written public comments are requested on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments on the NPRM provided in paragraph 29 of the
NPRM. The Commission will send a copy of the NPRM, including this IRFA,
to the Chief Counsel for Advocacy of the Small Business Administration
(SBA). In addition, the NPRM and IRFA (or summaries thereof) will be
published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
13. In this NPRM, we seek comment on a petition for rulemaking
filed by FiberTower, Inc. (FiberTower) on July 14, 2004. The FiberTower
Petition requests that the Commission initiate a rulemaking to amend
the technical parameters in Sec. Sec. 101.103 and 101.115 of the
Commission's rules that establish interference protection for operators
in the 10.7-11.7 GHz (11 GHz) band in order to permit the use of 0.61
meter (``two-foot'') antennas as an optional alternative to the 1.22
meter (``four-foot'') antennas that meet the existing technical
parameters for Fixed Microwave Service in the 11 GHz band.
Specifically, the FiberTower Petition proposes changes to the technical
parameters in Sec. 101.115 of the Commission's rules to permit the use
of Fixed Service (FS) antennas with reduced mainbeam gain, increased
beamwidth, and modified sidelobe suppression in the 11 GHz band. The
FiberTower Petition also proposes amendments to Sec. 101.103 of the
Commission's rules to protect other users in the 11 GHz band from
experiencing any greater interference from the use of a 0.61 meter
antenna than would be experienced by the use of a 1.22 meter antenna.
14. We seek comment in this NPRM on modifying the Commission's
rules to permit the installation of 0.61 meter antennas in the 11 GHz
band, while appropriately protecting other users in the band. Such
action could serve the public interest by facilitating the efficient
use of the 11 GHz band. We tentatively conclude that the shared nature
of the 11 GHz band does not preclude the Commission from facilitating
the efficient use of the 11 GHz band by permitting FS users to erect
0.61 meter antennas. However, we also wish to ensure that any proposed
changes to the Commission's rules appropriately protect other users in
the band from increased interference due to the use of 0.61 meter
antennas. To this end, we seek comments on particular interference
concerns as well as on the more general issue of whether the use of
0.61 meter antennas by FS licensees in the 11 GHz band will adversely
affect other users in the band by increasing the likelihood of
interference.
B. Legal Basis
15. The proposed action is authorized pursuant to sections 1, 2,
4(i), 7, 10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332
and 333 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
152, 154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310,
319, 324, 332, and 333.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
16. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules and policies, if adopted. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
17. Nationwide, there are a total of approximately 22.4 million
small businesses, according to SBA data. A ``small organization'' is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.'' Nationwide, as of
2002, there were approximately 1.6 million small organizations. The
term ``small governmental jurisdiction'' is defined generally as
``governments of cities, towns, townships, villages, school districts,
or special districts, with a population of less than fifty thousand.''
Census Bureau data for 2002 indicate that there were 87,525 local
governmental jurisdictions in the United States. We estimate that, of
this total, 84,377 entities were ``small governmental jurisdictions.''
Thus, we estimate that most governmental jurisdictions are small.
18. Fixed Microwave Services. 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. Census
Bureau data for 2002 show that there were 1,397 firms in this category
that operated for the entire year. Of this total, 1,378 firms had
employment of 999 or fewer employees, and 19 firms had employment of
1,000 employees or more. Thus, under this size standard, the majority
of firms can be considered small. We note that the number of firms does
not necessarily track the number of licensees. We estimate that all of
the Fixed Microwave licensees (excluding broadcast auxiliary licensees)
would qualify as small entities under the SBA definition.
19. Satellite Telecommunications and Other Telecommunications.
There is no small business size standard developed specifically for
providers of international service. The appropriate size standards
under SBA rules are for the two broad census categories of ``Satellite
Telecommunications'' and ``Other Telecommunications.'' Under both
categories, such a business is small if it has $13.5 million or less in
average annual receipts.
20. The first category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing point-to-point
telecommunications services to other establishments in the
telecommunications and broadcasting industries by forwarding and
receiving communications signals via a system of satellites or
reselling satellite telecommunications.'' For this category, Census
Bureau data for 2002 show that there were a total of 371 firms that
operated for the entire year. Of this total, 307 firms had annual
receipts of under $10 million, and 26 firms had receipts of $10 million
to $24,999,999. Consequently, we estimate that the majority of
Satellite Telecommunications firms are small
[[Page 20498]]
entities that might be affected by our action.
21. The second category of Other Telecommunications ``comprises
establishments primarily engaged in (1) Providing specialized
telecommunications applications, such as satellite tracking,
communications telemetry, and radar station operations; or (2)
providing satellite terminal stations and associated facilities
operationally connected with one or more terrestrial communications
systems and capable of transmitting telecommunications to or receiving
telecommunications from satellite systems.'' For this category, Census
Bureau data for 2002 show that there were a total of 332 firms that
operated for the entire year. Of this total, 259 firms had annual
receipts of under $10 million and 15 firms had annual receipts of $10
million to $24,999,999. Consequently, we estimate that the majority of
Other Telecommunications firms are small entities that might be
affected by our action.
22. Space Stations (Geostationary). Commission records reveal that
there are 15 space station licensees. We do not request nor collect
annual revenue information, and thus are unable to estimate of the
number of geostationary space stations that would constitute a small
business under the SBA definition cited above, or apply any rules
providing special consideration for Space Station (Geostationary)
licensees that are small businesses.
23. Fixed Satellite Transmit/Receive Earth Stations. Currently
there are approximately 3,390 operational fixed-satellite transmit/
receive earth stations authorized for use in the C- and Ku-bands. The
Commission does not request or collect annual revenue information, and
thus is unable to estimate the number of earth stations that would
constitute a small business under the SBA definition.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
24. This NPRM proposes no new reporting or recordkeeping
requirements. This NPRM proposes amendments to the Commission's rules
to afford licensees in the Fixed Microwave Services (FS) with the
flexibility to use a 0.61 meter antenna in the 11 GHz band as an
optional alternative to the 1.22 meter antenna that meets the existing
technical parameters for FS in the 11 GHz band. The proposed amendments
would apply equally to large and small entities and benefit all FS
licensees by reducing the burden of seeking individual waivers to
permit the use of 0.61 meter antennas in the 11 GHz band. The
Commission requests comment on how these proposed rules may be modified
to reduce the burden on small entities and still meet the objectives of
the proceeding.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
25. 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.
26. As noted above, this NPRM proposes rules to permit the use of
0.61 meter antennas as an optional alternative to the 1.22 meter
antennas that meet the existing technical parameters for FS in the 11
GHz band. Because the proposed rules seek to provide FS licensees in
the 11 GHz with additional flexibility, FS licensees retain the option
of continuing to employ 1.22 meter antennas that meet the existing
technical parameters for FS in the 11 GHz band. Thus, this proposed
action would provide an additional option to all licensees, including
small entity licensees. In this NPRM, we seek comment on this proposed
action. Such action could serve the public interest by facilitating the
efficient use of the 11 GHz band. The proposed rules could promote the
efficient use of the spectrum and provide for a wide range of fixed
microwave applications that are not currently being provided for in the
11 GHz band for financial, aesthetic, and regulatory reasons. The
proposed rules could therefore open up economic opportunities to a
variety of spectrum users, including small businesses. Indeed, a number
of the commenting parties to support the proposed rules identify
themselves as small businesses.
27. This NPRM seeks comments on particular interference concerns as
well as on the more general issue of whether the use of 0.61 meter
antennas by FS licensees in the 11 GHz band will adversely affect other
users in the band by increasing the likelihood of interference. The
Commission invites comment on any additional significant alternatives
parties believe should be considered and on how the approach outlined
in the NPRM will impact small entities. The Commission will continue to
examine alternatives in the future with the objectives of eliminating
unnecessary regulations and minimizing any significant economic impact
on small entities.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
28. None.
III. Ordering Clauses
29. Pursuant to sections 1, 2, 4(i), 7, 10, 201, 214, 301, 302,
303, 307, 308, 309, 310, 319, 324, 332 and 333 of the Communications
Act of 1934, 47 U.S.C. 151, 152, 154(i), 157, 160, 201, 214, 301, 302,
303, 307, 308, 309, 310, 319, 324, 332, 333, that this Notice of
Proposed Rulemaking is hereby ADOPTED.
30. Notice is hereby given of the proposed regulatory changes
described in this Notice, and that comment is sought on these
proposals.
31. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send shall send a copy of this
NPRM, including the Initial Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 101 as follows:
PART 101--FIXED MICROWAVE SERVICES
1. The authority citation for part 101 continues as follows:
Authority: 47 U.S.C. 154, 303.
2. Section 101.103 is amended by adding a new paragraph (j) to read
as follows:
Sec. 101.103 Frequency coordination procedures.
* * * * *
(j) Coordination of small antennas in the 10.7-11.7 GHz band.
(1) A licensee or prior applicant using an antenna smaller than
1.22 meters (4 feet) in diameter may object to a prior coordination
notice only
[[Page 20499]]
(i) If it has actual grounds to object because of predicted
interference, and
(ii) To the extent it would have grounds to object if it were using
a 1.22 meter antenna at the same site, polarization, frequency,
bandwidth, and orientation.
(2) A Fixed Service applicant attempting to frequency coordinate an
antenna of 1.22 meters in diameter or larger, or an applicant for a
Fixed Satellite Service earth station, that predicts received
interference from a licensee or prior applicant using an antenna
smaller than 1.22 meters in diameter, can require the licensee or prior
applicant to reduce the predicted interference to levels no higher than
would be predicted from antenna of 1.22 meters in diameter.
3. Section 101.115 is amended by revising the entry ``10,700 to
11,700 \5\'' to the table following paragraph (b)(2) to read as
follows:
Sec. 101.115 Directional antennas.
(b) * * *
(2) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum radiation suppression to angle in degrees from centerline of main beam in
Maximum decibels
beam-width Minimum -----------------------------------------------------------------------------------
Frequency (MHz) Category to 3 dB antenna 100[deg] 140[deg]
pts Gain (dBi) 5[deg] to 10[deg] to 15[deg] to 20[deg] to 30[deg] to to to
10[deg] 15[deg] 20[deg] 30[deg] 100[deg] 140[deg] 180[deg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
10,700-11,700*.................. A 3.5 33.5 18 24 28 32 35 55 55
B 3.5 33.5 17 24 28 32 35 40 45
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-7796 Filed 4-24-07; 8:45 am]
BILLING CODE 6712-01-P
