Amendment of the Commission's Rules To Modify Antenna Requirements for the 10.7-11.7 GHz Band, 55673-55678 [E7-19342]
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
(urban area), and CBSA wage index for
urban geographic areas. However, for
CBSA codes 29940 and 44140, on pages
50238 and 50245, respectively, we
inaccurately specified the urban areas.
These errors do not represent a
change in policy. In addition, these
changes are consistent with the
proposed rule (72 FR 24146 and 24162)
and how the urban areas have been
defined in the past.
III. Correction of Errors
FR Doc. 07–4292 of August 31, 2007
(72 FR 50214), make the following
corrections:
1. On page 50238, in ‘‘TABLE A—
HOSPICE WAGE INDEX FOR URBAN
AREAS BY CBSA,’’ the urban area for
CBSA code 29940 is corrected to read as
follows:
CBSA code
Urban area (constituent counties or county equivalents) 2
29940 ...............................................
Lawrence, KS, Douglas, KS .................................................................................................
2. On page 50245, in ‘‘TABLE A—
HOSPICE WAGE INDEX FOR URBAN
AREAS BY CBSA,’’ the urban area for
Urban area (constituent counties or county equivalents) 2
44140 ...............................................
Springfield, MA, Franklin, MA, Hampden, MA, Hampshire, MA ...........................................
IV. Waiver of Proposed Rulemaking
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We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect, in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
Section 553(d) of the APA ordinarily
requires a 30-day delay in effective date
of final rules after the date of their
publication in the Federal Register.
This 30-day delay in effective date can
be waived, however, if an agency finds
for good cause that the delay is
impracticable, unnecessary, or contrary
to the public interest, and the agency
incorporates a statement of the findings
and its reasons in the rule issued.
The revisions contained in this
document merely correct typographical
errors in Table A of the Addendum.
These corrections are necessary to
ensure that the final rule accurately
reflects the correct urban areas. Since
these changes do not represent any
policy changes, but are merely technical
in nature, we find that public comments
on these revisions are unnecessary.
Therefore, we find good cause to waive
notice and comment procedures and the
30-days delay in effective date.
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Wage index 1
0.8923
CBSA code 44140 is corrected to read as
follows:
CBSA code
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
55673
Dated: September 26, 2007.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 07–4851 Filed 9–28–07; 8:45 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 101
[WT Docket No. 07–54; RM–11043; FCC 07–
163]
Amendment of the Commission’s
Rules To Modify Antenna
Requirements for the 10.7–11.7 GHz
Band
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission amends its rules to allow
the use of smaller antennas by Fixed
Service licensees in the 10.7–11.7 GHz
band. The Commission also adopts rules
to ensure that the use of smaller
antennas does not harm other users in
the band. This action will facilitate a
range of fixed microwave applications—
including those that support next
generation mobile services—that are not
accommodated under the existing rules
for the band.
DATES: Effective Date: October 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Brian Wondrack, Broadband Division,
Wireless Telecommunications Bureau at
(202) 418–0653 or via the Internet at
Brian.Wondrack@fcc.gov.
This is a
summary of the Commission’s Report
and Order, WT Docket No. 07–54, RM–
SUPPLEMENTARY INFORMATION:
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11043, adopted September 7, 2007 and
released September 10, 2007. The full
text of this document is available on the
Commission’s Internet site at https://
www.fcc.gov. It is also available for
inspection and copying during regular
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street, SW., Washington, DC 20554. The
full text of this document also may be
purchased from the Commission’s
duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th Street,
SW., Room CY–B402, Washington, DC
20554; telephone (202) 488–5300; fax
(202) 488–5563; e-mail
FCC@BCPIWEB.COM. Alternate formats
are available to persons with disabilities
by e-mail @ FCC504@fcc.gov or by
calling (202) 418–0530 or TTY (202)
418–0432.
I. Summary of the Report and Order
(WT Docket No. 07–54)
1. In this Report and Order, in WT
Docket No. 07–54, the Commission
adopted amendments to 47 CFR 101.115
to permit the installation of smaller
antennas by Fixed Service (FS)
operators in the 10.7–11.7 GHz (11 GHz)
band. The Commission also amended 47
CFR 101.115 to require any FS licensee
that deploys a smaller antenna that does
not comply with Category A standard in
the 11 GHz band to ensure that the
introduction of such an antenna into the
11 GHz band does not cause any more
interference to other licensees and
applicants in the band than an antenna
meeting the Category A standard. The
Commission found that these
modifications serve the public interest
by facilitating the efficient use of the 11
GHz band while protecting other users
in the band from interference. Because
our adoption of the subject rules permits
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FS licensees to deploy smaller antennas
without seeking waivers, the Report and
Order also dismissed, as moot, pending
requests for waiver to allow the use of
smaller antennas in the 11 GHz band.
2. The Commission found that
allowing licensees the flexibility of
using smaller antennas in the 11 GHz
band serves the public interest because
the lower costs and enhanced benefits
associated with 0.61 meter antennas
will result in a more efficient use of the
11 GHz band without harming existing
users. Technology has evolved since the
Commission adopted the current
antenna specifications for the 11 GHz
band, and actions taken by the
Commission in other FS and mobile
bands have increased the need for
greater flexibility for FS in the 11 GHz
band. Antenna standards exist for the
purpose of promoting the use of the
most discriminating equipment to
facilitate the introduction of new
transmission paths. As noted in the
NPRM, the Commission has
reconsidered similar technical
specifications that effectively limited
the size of antennas used in other bands,
including those used by satellite, in
light of the technological evolution of
communications equipment since those
specifications were first adopted.
Accordingly, the Commission found
amending the antenna specifications in
the 11 GHz band to be consistent with
actions taken in other bands, including
the 10 GHz band.
3. The Commission rejected the
contentions by some commenting
parties that proponents of the rule
change have failed to demonstrate that
there is a need for additional FS
operations in the 11 GHz band and that
harmful interference can be avoided.
The Commission found that
commenting parties presented a strong
record demonstrating that the proposed
rule would afford FS users the
flexibility necessary to more fully and
efficiently utilize the 11 GHz band by
deploying 0.61 meter antennas, thereby
facilitating a range of fixed microwave
applications, including backhaul and
more innovative and emerging wireless
services. The FS has a special need for
flexibility in the use of their spectrum
because the Commission has reallocated
FS spectrum to other services in recent
years and because the new spectrum
available to FS is most suitable for
short-range applications.
4. The Commission also rejected, as
unfounded, the suggestion that the use
of smaller antennas would limit the
availability of 11 GHz spectrum in rural
areas. No evidence was introduced to
support such a contention in this
proceeding. The Commission
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anticipated that most small antennas
will be used for shorter links in urban
or suburban areas. However, the
Commission also noted that it is not in
the public interest to make less efficient
use of the spectrum solely for the
convenience of one licensee.
5. The 11 GHz band is allocated
within the United States on a coprimary basis to FS and Fixed Satellite
Service (FSS). In this Report and Order,
the Commission rejected the proposal
by Intelsat, Ltd. to segment the 11 GHz
band by allocating 500 megahertz of
spectrum to FS and 500 megahertz of
spectrum to the FSS. The Commission
found that the proposal exceeds the
scope of this proceeding. The
Commission also found that there is no
record to support such an action in this
proceeding. The Commission noted that
the band segmentation proposal was a
radically different solution for avoiding
interference between FS and FSS
operators and has been offered at the
comment stage in this proceeding
without any study of its implications.
Furthermore, the domestic use of the 11
GHz band by the FSS has been limited,
to date, because it has sought to protect
the use and expansion of terrestrial
microwave services within the band.
The Commission emphasized in the
Report and Order that its rules
explicitly limit satellite use of the 11
GHz band to international systems.
Under those circumstances, the Report
and Order found no support for denying
FS operators access to half of the 11
GHz band. The Commission has
designated the 11 GHz band as one of
the relocation bands for emerging
technologies.
6. In the Report and Order, the
Commission adopted modifications to
the antenna standards for FS operation
in the 11 GHz band. The Commission
rejected FiberTower’s proposal to have
two different Category A and Category B
standards. Instead, the Commission
revised the Category B standard and
treated all antennas that do not comply
with the Category A standard as
Category B antennas. The Commission
also adopted a special provision
allowing the use of 11 GHz Category B
antennas in all areas, as opposed the
normal restriction limiting Category B
antennas to rural areas. The
Commission also rejected a proposal to
impose an EIRP limitation on facilities
using Category B antennas. Although
the Commission generally agreed that
larger antennas will be more appropriate
for longer links, it found that there may
be situations where an operator has no
alternative to using a smaller antenna
for a longer link.
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7. The Commission generally
concluded that allowing smaller
antennas in the 11 GHz band will not
harm existing users. An applicant
proposing the use of a smaller antenna
will need to coordinate its proposed
facilities with existing users. Moreover,
the record contained specific analyses
submitted by proponents of the rule
changes indicating that the use of
smaller FS antennas in the 11 GHz band
is not likely to cause significantly more
interference than current antennas.
Although the Commission specifically
sought comment on the Alcatel White
Paper in the NPRM, none of the
opponents of allowing smaller antennas
in the 11 GHz band addressed the White
Paper or attempted to rebut its
showings. In addition, the Commission
further noted that none of the opponents
offered any engineering analysis to
show that there would be any material
risk of increased interference.
8. The Commission rejected
arguments by Intelsat, Ltd. that the
Commission should prohibit the use of
smaller antennas in the 11 GHz band
because other users in the band will
experience harmful interference due to
the aggregate effect of several nearby FS
antennas. The Commission emphasized
that no opponent of the rule changes
provided any engineering analysis or
other evidence to support their
contentions. Moreover, the Commission
found that the existing coordination
procedures, such as the right of existing
users to raise objections in the
coordination process and the practice of
using different frequency channels,
should be sufficient to protect existing
FS and FSS operators. The Commission
noted that the primary concern of
opponents appears to be that allowing
the use of smaller antennas in the 11
GHz band would result in increased FS
use of the band and increase the
possibility that aggregate interference
would occur. However, the Commission
emphasized that it has limited the
expansion of FSS in the 11 GHz band
in order protect the future use of the
band for FS. Accordingly, the
Commission viewed rule changes that
would allow greater FS use of the 11
GHz band as beneficial to the public
interest, so long as existing users would
not be harmed.
9. In the Report and Order, the
Commission noted that Mobile Satellite
Ventures, L.P. (MSV) and Terrestar
Networks, Inc. (Terrestar) identified a
more specific concern about the effect of
aggregate interference on its next
generation, geostationary orbit (GSO)
Mobile Satellite Service (MSS) gateway
earth stations authorized for feeder link
operations in the 11 GHz band. The
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Commission stated that it expected all
FS applicants for new or modified
facilities in the 11 GHz band to carefully
coordinate their operations with the
authorized feeder link operations of any
licensed GSO MSS gateway earth station
in the 11 GHz band so as to avoid
harmful aggregate interference.
Specifically, the Commission expects FS
applicants to consider the possibility of
aggregate interference in determining
whether they must coordinate with the
authorized feeder link operations of any
licensed GSO MSS gateway earth station
in the 11 GHz band. If an MSS licensee
raises aggregate interference concerns in
the coordination process, the
Commission stated that the licensee and
the FS applicant must work to resolve
those concerns in the coordination
process. If issues relating to aggregate
interference are brought to the
Commission’s attention, either in a
statement submitted with an application
or in a timely petition, the Commission
will carefully consider such issues.
10. The Commission rejects the
unsupported contention that errors in
correctly pointing antennas will occur
more frequently with smaller antennas
and thereby cause greater interference to
other users in the band. FS licensees
and equipment manufacturers
demonstrated that they have a strong
incentive to accurately point their
antennas and routinely point antennas
to a high degree of accuracy. The record
demonstrated that there is no significant
difference between antennas currently
authorized under the Commission’s
Rules and smaller antennas in terms of
the likelihood of pointing error.
Furthermore, the parties stated that they
would work quickly to correct any
pointing errors that do occur, and the
Commission expects all licensees to
promptly remedy any errors that do
exist.
11. The Commission adopted a rule
that in those instances where a FS
licensee deploys a smaller, Category B
compliant antenna in the 11 GHz band,
the FS licensee must modify the use of
such antenna if another FS or FSS
licensee or applicant in the 11 GHz
band makes a showing (i) that it is likely
to receive interference due to the use of
the smaller, Category B compliant
antenna and (ii) that such interference
would not exist if the FS station were
using a Category A compliant antenna
instead. In response to such a showing,
the FS licensee that had opted to deploy
a smaller, Category B compliant antenna
must either replace its antenna with a
Category A complaint antenna or
appropriately reduce EIRP. That rule
will place other applicants and
licensees in the 11 GHz band—whether
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FS or FSS—in a position no worse than
if an FS licensee were using a Category
A compliant antenna. The Commission
rejected a proposal to place language in
the rule referencing the on-axis EIRP of
the station in question as unnecessary
and unduly restrictive. The Commission
believes that FS licensees using smaller
antennas should have the flexibility to
adjust their EIRP in order to resolve
interference concerns, so long as FS and
FSS applicants are no worse off than
they were if the licensee was using an
antenna meeting Category A standards.
12. The Commission also adopted a
rule stating that a FS licensee that opts
to deploy a Category B compliant
antenna in the 11 GHz band may only
object to a prior coordination notice
based on interference if the predicted
interference would not otherwise exist if
the FS licensee were using a Category A
compliant antenna instead of a Category
B compliant antenna. The Commission
found that the adoption of these rules
serves the public interest by
appropriately balancing the rights of all
interested parties in the 11 GHz band,
promoting the efficient use of the
spectrum, and protecting the rights of
existing and future users of the band.
13. The Commission also declined to
establish a deadline for the resolution of
interference complaints involving FS
interference to FSS earth stations. The
Commission has not mandated a
specific deadline for resolving
interference complaints in other pointto-point microwave bands, and the 11
GHz band does not have any unique
characteristics that would justify a
special rule for that band. In addition,
proponents of the proposal failed to
demonstrate that our existing rules are
inadequate or that FS licensees are
unwilling to resolve interference issues
as they occur.
14. Nextlink Wireless, Inc., First
Avenue Networks, Inc., Telecom
Transport Management, Inc., and
Conterra Ultra Broadband, LLC had filed
waiver requests seeking permission to
use smaller antennas in the 11 GHz
band. The Commission dismissed the
pending waiver requests as moot. The
rules adopted in this Report and Order
will provide the parties seeking a waiver
with the opportunity to use smaller
antennas in the 11 GHz band. The
Commission granted FiberTower a
waiver to permit it to deploy smaller
antennas in the 11 GHz band subject to
a condition that it must comply with the
outcome of this rulemaking proceeding.
The Commission will terminate the
waiver granted to FiberTower on the
date the rules adopted herein become
effective.
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55675
II. Final Regulatory Flexibility Analysis
15. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), we incorporated an 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 the Notice of Proposed Rule
Making (NPRM) in WT Docket 07–54.
The Commission sought written public
comment on the proposals in the NPRM,
including comment on the IRFA.
Because we amend the rules in this
Report and Order, we have included
this Final Regulatory Flexibility
Analysis (FRFA). This present FRFA
conforms to the RFA.
A. Need for, and Objectives of, This
Report and Order
16. In this Report and Order, we
adopt amendments to Section 101.115
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. Section
101.115(b) of the Commission’s rules
establishes directional antenna
standards designed to maximize the use
of microwave spectrum, including the
11 GHz band, while avoiding
interference between operators. More
specifically, the Commission’s rules set
forth certain requirements,
specifications, and conditions pursuant
to which FS stations may use antennas
that comply with either the more
stringent performance standard in
Category A (also known as Standard A)
or the less stringent performance
standard in Category B (also known as
Standard B). The rule on its face does
not mandate a specific size of antenna.
Rather, it specifies certain technical
parameters—maximum beamwidth,
minimum antenna gain, and minimum
radiation suppression—that, depending
on the state of technology at any point
in time, directly affect the size of a
compliant antenna that may be
deployed in the 11 GHz band. The
Commission found a demonstrated need
in this proceeding to reconsider and to
modify the antenna standards set forth
in Section 101.115 of the Commission’s
rules because actions taken by the
Commission in other bands have
increased the need for greater flexibility
for FS in the 11 GHz band; because
technology has significantly evolved
since the Commission last considered
the antenna specifications for the 11
GHz band; and because the Commission
has reconsidered similar technical
specifications that effectively limited
the size of antennas used in other bands,
including those used by satellite, in
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light of the technological evolution of
communications equipment since those
specifications were first adopted.
17. In this Report and Order, we
adopt amendments to Section 101.115
of the Commission’s rules to revise the
Category B standards for the 11 GHz
band to permit, as proposed in the
NPRM, the use of FS antennas with
reduced mainbeam gain, increased
beamwidth, and modified sidelobe
suppression. We conclude in this Report
and Order that, by treating smaller
antennas that do not comply with
Category A standard as Category B
antennas, the amended rules will afford
licensees maximum flexibility in
deploying FS antennas in the 11 GHz
band. While licensees in the FS will
now have additional options to deploy
smaller antennas in the 11 GHz band
that comply with the revised Category B
standard, FS licensees also retain the
discretion to maintain and continue to
deploy Category A compliant antennas
in the band. In this Report and Order,
we also amend Section 101.115 of the
Commission’s rules to impose a duty on
any FS licensee that deploys a smaller
antenna in the 11 GHz band that does
not comply with the Category A
standard to ensure that the introduction
of such antennas does not cause harmful
interference to other licensees and
applicants in the band. We find that the
amendments we adopt in this Report
and Order further the public interest
and promote our goals of facilitating the
efficient use of the 11 GHz band while
also protecting other users in the band
from interference.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
NPRM
18. There were no comments filed
that specifically addressed the rules and
policies proposed in the IRFA.
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C. Description and Estimate of the
Number of Small Entities to Which
Rules Will Apply
19. 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 rules adopted herein. 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;
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and (3) satisfies any additional criteria
established by the SBA.
20. 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.
21. 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.
22. 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.
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23. 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
entities that might be affected by our
action.
24. 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.
25. 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.
26. 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
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that would constitute a small business
under the SBA definition.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
27. This Report and Order adopts no
new reporting or recordkeeping
requirements. This Report and Order
adopts amendments to Part 101 of the
Commission’s rules to afford FS
licensees in the 11 GHz band with the
flexibility to deploy smaller antennas
that comply with the less stringent
Category B standard or to maintain as
well as continue to deploy antennas that
comply with the more stringent
Category A standard. 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 smaller antennas in the 11 GHz
band.
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E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
28. 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.
29. In this Report and Order, we
adopt amendments to Section 101.115
of the Commission’s Rules to revise the
Category B standard for the 11 GHz
band to permit, as proposed in the
NPRM, the use of FS antennas with
reduced mainbeam gain, increased
beamwidth, and modified sidelobe
suppression. Licensees in the FS will
now have additional options to deploy
smaller antennas in the 11 GHz band
that comply with the revised Category B
standard while retaining the discretion
to maintain and continue to deploy
antennas that comply with the more
stringent Category A standard, which
has not been modified in this Report
and Order. Smaller antennas that
comply with the revised Category B
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
standard cost less to acquire, deploy,
and maintain, thereby reducing the
expenditure of capital and human
resources otherwise necessary to deploy
and maintain Category A compliant
antennas. We conclude in this Report
and Order that our action serves the
public interest by facilitating the
efficient use of the 11 GHz band. The
deployment of smaller antennas that
comply with the revised Category B
standard could promote 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. In addition, a
number of the commenting parties in
this proceeding identify themselves as
small business entities and express their
need to deploy smaller antennas in the
11GHz band in order to open up
economic opportunities and to provide
for a wide range of services, including,
for example, the provision of backhaul
services.
30. Report to Congress: The
Commission will send a copy of the
Report and Order, including this FRFA,
in a report to be sent to Congress
pursuant to the Congressional Review
Act. In addition, the Commission will
send a copy of the Report and Order,
including the FRFA, to the Chief
Counsel for Advocacy of the SBA. A
copy of the Report and Order and the
FRFA (or summaries thereof) will also
be published in the Federal Register.
III. Procedural Matters
31. Paperwork Reduction Analysis:
This document contains no new or
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104.13.
32. Congressional Review Act: 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).
IV. Ordering Clauses
33. Pursuant to Sections 1, 2, 4(i), 7,
10, 201, 214, 301, 302, 303, 307, 308,
309, 310, 319, 324, 332, 333 and 706 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, and 706, that this
Report and Order is adopted.
34. Pursuant to Section 4(i) of the
Communications Act of 1934, 47 U.S.C.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
55677
154(i), and Section 1.925 of the
Commission’s rules, that the Petition for
Waiver filed by Nextlink Wireless, Inc.
on August 4, 2006, the Petition for
Waiver filed by First Avenue Networks,
Inc. on August 10, 2006, the Petition for
Waiver and Expedited Action filed by
Telecom Transport Management, Inc. on
September 8, 2006, and the Petition for
Expedited Waiver Pending Rulemaking
filed by Conterra Ultra Broadband, LLC
on January 22, 2007 are dismissed as
moot.
35. Pursuant to Section 4(i) of the
Communications Act of 1934, 47 U.S.C.
154(i), and Section 1.925 of the
Commission’s rules, that the waiver
granted to FiberTower Corporation in
FiberTower, Inc., Order, 21 FCC Rcd
6386 (WTB 2006) is terminated on the
date the rules adopted in this Report
and Order become effective, with
facilities authorized pursuant to the
waiver being grandfathered.
36. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 101
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 101 as
follows:
I
PART 101—FIXED MICROWAVE
SERVICES
1. The authority citation for part 101
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303.
2. Section 101.115 is amended by
revising the entry for ‘‘10,700 to
11,700’’ 5 in the table following
paragraph (b)(2), redesignating
paragraph (f) as paragraph (g), and
adding a new paragraph (f) to read as
follows:
I
§ 101.115
Directional antennas.
(b) * * *
(2) * * *
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
Frequency (MHz)
Category
*
10,700–11,700 5 ....................
*
Maximum
beamwidth to 3
dB pts
*
A
B
*
[FR Doc. E7–19342 Filed 9–28–07; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 105, 106, 107, 110, 130,
171, 172, 173, 174, 175, 176, 178, 179
and 180
[Docket No. PHMSA–2007–29245 (HM–244)]
jlentini on PROD1PC65 with RULES
Hazardous Materials Regulations:
Minor Editorial Corrections and
Clarifications
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
17:12 Sep 28, 2007
Jkt 214001
5° to 10°
10° to 15°
*
25
17
38
33.5
*
*
*
*
*
(f) In the 10,700–11,700 MHz band, a
fixed station may employ transmitting
and receiving antennas meeting
performance standard B in any area. If
a Fixed Service or Fixed Satellite
Service licensee or applicant makes a
showing that it is likely to receive
interference from such fixed station and
that such interference would not exist if
the fixed station used an antenna
meeting performance standard A, the
fixed station licensee must modify its
use. Specifically, the fixed station
licensee must either substitute an
antenna meeting performance standard
A or operate its system with an EIRP
reduced so as not to radiate, in the
direction of the other licensee, an EIRP
in excess of that which would be
radiated by a station using a Category A
antenna and operating with the
maximum EIRP allowed by the rules. A
licensee or prior applicant using an
antenna that does not meet performance
Standard A may object to a prior
coordination notice based on
interference only if such interference
would be predicted to exist if the
licensee or prior applicant used an
antenna meeting performance standard
A.
RIN 2137–AE30
Minimum radiation suppression to angle in degrees
from centerline of main beam in decibels
*
2.2
3.5
*
VerDate Aug<31>2005
Minimum
antenna
Gain (dBi)
15° to 20°
*
Dirk
Der Kinderen, Office of Hazardous
Materials Standards, (202) 366–8553,
PHMSA, East Building, PHH–10, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
PHMSA annually reviews the
Hazardous Materials Regulations (HMR;
49 CFR parts 171–180) to identify
typographical and other errors, outdated
addresses or other contact information,
and similar errors. In this final rule, we
are correcting typographical errors;
incorrect CFR references and citations;
inaccurate office names; inconsistent
use of terminology; misstatements of
certain regulatory requirements; and
inadvertent omissions of information. In
addition, this final rule revises the
address for PHMSA to indicate the new
location for the headquarters office.
Because these amendments do not
impose new requirements, notice and
public comment procedures are
unnecessary. By making these
amendments effective without the
customary 30-day delay following
publication, the changes will appear in
the next revision of Title 49.
The following is a summary by
section of the major changes made in
this final rule. The summary does not
include minor editorial corrections such
as punctuation errors, or similar minor
revisions.
Fmt 4700
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100° to
140°
42
35
*
Effective date: October 1, 2007.
Frm 00024
*
36
32
33
28
FOR FURTHER INFORMATION CONTACT:
PO 00000
30° to 100°
*
29
24
SUMMARY: This final rule corrects
editorial errors, makes minor regulatory
changes and, in response to requests for
clarification, improves the clarity of
certain provisions in the Hazardous
Materials Regulations (HMR). The
intended effect of this rule is to enhance
the accuracy and reduce
misunderstandings of the regulations.
The amendments contained in this rule
are non-substantive changes that do not
impose new requirements.
DATES:
20° to 30°
*
140° to
180°
*
55
40
55
45
*
II. Section-by-Section Review
Part 107
Section 107.608
This section contains general
requirements for registration. In
paragraph (a), we are removing the
reference to § 107.616(d) for consistency
with revisions made in HM–208F (72 FR
24536; May 3, 2007). The HM–208F
final rule removed paragraph (d) of
§ 107.616.
Part 171
Section 171.6
This section lists approved collections
of information required under the HMR.
In the table in paragraph (b)(2), in the
third column for OMB control number
2137–0557, we are removing the
reference citations to §§ 178.270–3 and
178.270–13. Section 178.270–3 was
removed in an earlier rulemaking, and
we are removing § 178.270–13, which
addresses testing requirements for IM
101 and 102 specification portable tanks
in this final rule. As prescribed in
§ 173.32(c)(2), the manufacture of these
portable tanks is no longer authorized.
Section 171.7
This section lists material
incorporated by reference into the HMR.
In paragraph (a)(3), in the second
column of the table of material
incorporated by reference, for the entry
ASME Code, Sections II (Parts A and B),
V, VIII (Division 1), and IX, we are
removing the reference citations,
§§ 178.270–2 through 178.272–1, which
contain requirements applicable to the
manufacture of IM 101 and 102 portable
tanks, because the manufacture of these
portable tanks is no longer authorized.
Additionally, we are updating a
reference citation for the use of the UN
Recommendations.
Section 171.8
This section lists definitions for terms
used in the HMR. In the definition for
‘‘Administrator,’’ we are correcting the
office name ‘‘Research and Special
Programs Administration’’ to read
‘‘Pipeline and Hazardous Materials
Safety Administration.’’ In the
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55673-55678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19342]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 101
[WT Docket No. 07-54; RM-11043; FCC 07-163]
Amendment of the Commission's Rules To Modify Antenna
Requirements for the 10.7-11.7 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission amends its rules to allow the
use of smaller antennas by Fixed Service licensees in the 10.7-11.7 GHz
band. The Commission also adopts rules to ensure that the use of
smaller antennas does not harm other users in the band. This action
will facilitate a range of fixed microwave applications--including
those that support next generation mobile services--that are not
accommodated under the existing rules for the band.
DATES: Effective Date: October 31, 2007.
FOR FURTHER INFORMATION CONTACT: Brian Wondrack, Broadband Division,
Wireless Telecommunications Bureau at (202) 418-0653 or via the
Internet at Brian.Wondrack@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, WT Docket No. 07-54, RM-11043, adopted September 7, 2007 and
released September 10, 2007. The full text of this document is
available on the Commission's Internet site at https://www.fcc.gov. It
is also available for inspection and copying during regular business
hours in the FCC Reference Center (Room CY-A257), 445 12th Street, SW.,
Washington, DC 20554. The full text of this document also may be
purchased from the Commission's duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554; telephone (202) 488-5300; fax (202) 488-5563; e-
mail FCC@BCPIWEB.COM. Alternate formats are available to persons with
disabilities by e-mail @ FCC504@fcc.gov or by calling (202) 418-0530 or
TTY (202) 418-0432.
I. Summary of the Report and Order (WT Docket No. 07-54)
1. In this Report and Order, in WT Docket No. 07-54, the Commission
adopted amendments to 47 CFR 101.115 to permit the installation of
smaller antennas by Fixed Service (FS) operators in the 10.7-11.7 GHz
(11 GHz) band. The Commission also amended 47 CFR 101.115 to require
any FS licensee that deploys a smaller antenna that does not comply
with Category A standard in the 11 GHz band to ensure that the
introduction of such an antenna into the 11 GHz band does not cause any
more interference to other licensees and applicants in the band than an
antenna meeting the Category A standard. The Commission found that
these modifications serve the public interest by facilitating the
efficient use of the 11 GHz band while protecting other users in the
band from interference. Because our adoption of the subject rules
permits
[[Page 55674]]
FS licensees to deploy smaller antennas without seeking waivers, the
Report and Order also dismissed, as moot, pending requests for waiver
to allow the use of smaller antennas in the 11 GHz band.
2. The Commission found that allowing licensees the flexibility of
using smaller antennas in the 11 GHz band serves the public interest
because the lower costs and enhanced benefits associated with 0.61
meter antennas will result in a more efficient use of the 11 GHz band
without harming existing users. Technology has evolved since the
Commission adopted the current antenna specifications for the 11 GHz
band, and actions taken by the Commission in other FS and mobile bands
have increased the need for greater flexibility for FS in the 11 GHz
band. Antenna standards exist for the purpose of promoting the use of
the most discriminating equipment to facilitate the introduction of new
transmission paths. As noted in the NPRM, the Commission has
reconsidered similar technical specifications that effectively limited
the size of antennas used in other bands, including those used by
satellite, in light of the technological evolution of communications
equipment since those specifications were first adopted. Accordingly,
the Commission found amending the antenna specifications in the 11 GHz
band to be consistent with actions taken in other bands, including the
10 GHz band.
3. The Commission rejected the contentions by some commenting
parties that proponents of the rule change have failed to demonstrate
that there is a need for additional FS operations in the 11 GHz band
and that harmful interference can be avoided. The Commission found that
commenting parties presented a strong record demonstrating that the
proposed rule would afford FS users the flexibility necessary to more
fully and efficiently utilize the 11 GHz band by deploying 0.61 meter
antennas, thereby facilitating a range of fixed microwave applications,
including backhaul and more innovative and emerging wireless services.
The FS has a special need for flexibility in the use of their spectrum
because the Commission has reallocated FS spectrum to other services in
recent years and because the new spectrum available to FS is most
suitable for short-range applications.
4. The Commission also rejected, as unfounded, the suggestion that
the use of smaller antennas would limit the availability of 11 GHz
spectrum in rural areas. No evidence was introduced to support such a
contention in this proceeding. The Commission anticipated that most
small antennas will be used for shorter links in urban or suburban
areas. However, the Commission also noted that it is not in the public
interest to make less efficient use of the spectrum solely for the
convenience of one licensee.
5. The 11 GHz band is allocated within the United States on a co-
primary basis to FS and Fixed Satellite Service (FSS). In this Report
and Order, the Commission rejected the proposal by Intelsat, Ltd. to
segment the 11 GHz band by allocating 500 megahertz of spectrum to FS
and 500 megahertz of spectrum to the FSS. The Commission found that the
proposal exceeds the scope of this proceeding. The Commission also
found that there is no record to support such an action in this
proceeding. The Commission noted that the band segmentation proposal
was a radically different solution for avoiding interference between FS
and FSS operators and has been offered at the comment stage in this
proceeding without any study of its implications. Furthermore, the
domestic use of the 11 GHz band by the FSS has been limited, to date,
because it has sought to protect the use and expansion of terrestrial
microwave services within the band. The Commission emphasized in the
Report and Order that its rules explicitly limit satellite use of the
11 GHz band to international systems. Under those circumstances, the
Report and Order found no support for denying FS operators access to
half of the 11 GHz band. The Commission has designated the 11 GHz band
as one of the relocation bands for emerging technologies.
6. In the Report and Order, the Commission adopted modifications to
the antenna standards for FS operation in the 11 GHz band. The
Commission rejected FiberTower's proposal to have two different
Category A and Category B standards. Instead, the Commission revised
the Category B standard and treated all antennas that do not comply
with the Category A standard as Category B antennas. The Commission
also adopted a special provision allowing the use of 11 GHz Category B
antennas in all areas, as opposed the normal restriction limiting
Category B antennas to rural areas. The Commission also rejected a
proposal to impose an EIRP limitation on facilities using Category B
antennas. Although the Commission generally agreed that larger antennas
will be more appropriate for longer links, it found that there may be
situations where an operator has no alternative to using a smaller
antenna for a longer link.
7. The Commission generally concluded that allowing smaller
antennas in the 11 GHz band will not harm existing users. An applicant
proposing the use of a smaller antenna will need to coordinate its
proposed facilities with existing users. Moreover, the record contained
specific analyses submitted by proponents of the rule changes
indicating that the use of smaller FS antennas in the 11 GHz band is
not likely to cause significantly more interference than current
antennas. Although the Commission specifically sought comment on the
Alcatel White Paper in the NPRM, none of the opponents of allowing
smaller antennas in the 11 GHz band addressed the White Paper or
attempted to rebut its showings. In addition, the Commission further
noted that none of the opponents offered any engineering analysis to
show that there would be any material risk of increased interference.
8. The Commission rejected arguments by Intelsat, Ltd. that the
Commission should prohibit the use of smaller antennas in the 11 GHz
band because other users in the band will experience harmful
interference due to the aggregate effect of several nearby FS antennas.
The Commission emphasized that no opponent of the rule changes provided
any engineering analysis or other evidence to support their
contentions. Moreover, the Commission found that the existing
coordination procedures, such as the right of existing users to raise
objections in the coordination process and the practice of using
different frequency channels, should be sufficient to protect existing
FS and FSS operators. The Commission noted that the primary concern of
opponents appears to be that allowing the use of smaller antennas in
the 11 GHz band would result in increased FS use of the band and
increase the possibility that aggregate interference would occur.
However, the Commission emphasized that it has limited the expansion of
FSS in the 11 GHz band in order protect the future use of the band for
FS. Accordingly, the Commission viewed rule changes that would allow
greater FS use of the 11 GHz band as beneficial to the public interest,
so long as existing users would not be harmed.
9. In the Report and Order, the Commission noted that Mobile
Satellite Ventures, L.P. (MSV) and Terrestar Networks, Inc. (Terrestar)
identified a more specific concern about the effect of aggregate
interference on its next generation, geostationary orbit (GSO) Mobile
Satellite Service (MSS) gateway earth stations authorized for feeder
link operations in the 11 GHz band. The
[[Page 55675]]
Commission stated that it expected all FS applicants for new or
modified facilities in the 11 GHz band to carefully coordinate their
operations with the authorized feeder link operations of any licensed
GSO MSS gateway earth station in the 11 GHz band so as to avoid harmful
aggregate interference. Specifically, the Commission expects FS
applicants to consider the possibility of aggregate interference in
determining whether they must coordinate with the authorized feeder
link operations of any licensed GSO MSS gateway earth station in the 11
GHz band. If an MSS licensee raises aggregate interference concerns in
the coordination process, the Commission stated that the licensee and
the FS applicant must work to resolve those concerns in the
coordination process. If issues relating to aggregate interference are
brought to the Commission's attention, either in a statement submitted
with an application or in a timely petition, the Commission will
carefully consider such issues.
10. The Commission rejects the unsupported contention that errors
in correctly pointing antennas will occur more frequently with smaller
antennas and thereby cause greater interference to other users in the
band. FS licensees and equipment manufacturers demonstrated that they
have a strong incentive to accurately point their antennas and
routinely point antennas to a high degree of accuracy. The record
demonstrated that there is no significant difference between antennas
currently authorized under the Commission's Rules and smaller antennas
in terms of the likelihood of pointing error. Furthermore, the parties
stated that they would work quickly to correct any pointing errors that
do occur, and the Commission expects all licensees to promptly remedy
any errors that do exist.
11. The Commission adopted a rule that in those instances where a
FS licensee deploys a smaller, Category B compliant antenna in the 11
GHz band, the FS licensee must modify the use of such antenna if
another FS or FSS licensee or applicant in the 11 GHz band makes a
showing (i) that it is likely to receive interference due to the use of
the smaller, Category B compliant antenna and (ii) that such
interference would not exist if the FS station were using a Category A
compliant antenna instead. In response to such a showing, the FS
licensee that had opted to deploy a smaller, Category B compliant
antenna must either replace its antenna with a Category A complaint
antenna or appropriately reduce EIRP. That rule will place other
applicants and licensees in the 11 GHz band--whether FS or FSS--in a
position no worse than if an FS licensee were using a Category A
compliant antenna. The Commission rejected a proposal to place language
in the rule referencing the on-axis EIRP of the station in question as
unnecessary and unduly restrictive. The Commission believes that FS
licensees using smaller antennas should have the flexibility to adjust
their EIRP in order to resolve interference concerns, so long as FS and
FSS applicants are no worse off than they were if the licensee was
using an antenna meeting Category A standards.
12. The Commission also adopted a rule stating that a FS licensee
that opts to deploy a Category B compliant antenna in the 11 GHz band
may only object to a prior coordination notice based on interference if
the predicted interference would not otherwise exist if the FS licensee
were using a Category A compliant antenna instead of a Category B
compliant antenna. The Commission found that the adoption of these
rules serves the public interest by appropriately balancing the rights
of all interested parties in the 11 GHz band, promoting the efficient
use of the spectrum, and protecting the rights of existing and future
users of the band.
13. The Commission also declined to establish a deadline for the
resolution of interference complaints involving FS interference to FSS
earth stations. The Commission has not mandated a specific deadline for
resolving interference complaints in other point-to-point microwave
bands, and the 11 GHz band does not have any unique characteristics
that would justify a special rule for that band. In addition,
proponents of the proposal failed to demonstrate that our existing
rules are inadequate or that FS licensees are unwilling to resolve
interference issues as they occur.
14. Nextlink Wireless, Inc., First Avenue Networks, Inc., Telecom
Transport Management, Inc., and Conterra Ultra Broadband, LLC had filed
waiver requests seeking permission to use smaller antennas in the 11
GHz band. The Commission dismissed the pending waiver requests as moot.
The rules adopted in this Report and Order will provide the parties
seeking a waiver with the opportunity to use smaller antennas in the 11
GHz band. The Commission granted FiberTower a waiver to permit it to
deploy smaller antennas in the 11 GHz band subject to a condition that
it must comply with the outcome of this rulemaking proceeding. The
Commission will terminate the waiver granted to FiberTower on the date
the rules adopted herein become effective.
II. Final Regulatory Flexibility Analysis
15. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), we incorporated an 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 the Notice of Proposed Rule Making (NPRM) in WT Docket 07-54. The
Commission sought written public comment on the proposals in the NPRM,
including comment on the IRFA. Because we amend the rules in this
Report and Order, we have included this Final Regulatory Flexibility
Analysis (FRFA). This present FRFA conforms to the RFA.
A. Need for, and Objectives of, This Report and Order
16. In this Report and Order, we adopt amendments to Section
101.115 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. Section 101.115(b) of the Commission's rules establishes
directional antenna standards designed to maximize the use of microwave
spectrum, including the 11 GHz band, while avoiding interference
between operators. More specifically, the Commission's rules set forth
certain requirements, specifications, and conditions pursuant to which
FS stations may use antennas that comply with either the more stringent
performance standard in Category A (also known as Standard A) or the
less stringent performance standard in Category B (also known as
Standard B). The rule on its face does not mandate a specific size of
antenna. Rather, it specifies certain technical parameters--maximum
beamwidth, minimum antenna gain, and minimum radiation suppression--
that, depending on the state of technology at any point in time,
directly affect the size of a compliant antenna that may be deployed in
the 11 GHz band. The Commission found a demonstrated need in this
proceeding to reconsider and to modify the antenna standards set forth
in Section 101.115 of the Commission's rules because actions taken by
the Commission in other bands have increased the need for greater
flexibility for FS in the 11 GHz band; because technology has
significantly evolved since the Commission last considered the antenna
specifications for the 11 GHz band; and because the Commission has
reconsidered similar technical specifications that effectively limited
the size of antennas used in other bands, including those used by
satellite, in
[[Page 55676]]
light of the technological evolution of communications equipment since
those specifications were first adopted.
17. In this Report and Order, we adopt amendments to Section
101.115 of the Commission's rules to revise the Category B standards
for the 11 GHz band to permit, as proposed in the NPRM, the use of FS
antennas with reduced mainbeam gain, increased beamwidth, and modified
sidelobe suppression. We conclude in this Report and Order that, by
treating smaller antennas that do not comply with Category A standard
as Category B antennas, the amended rules will afford licensees maximum
flexibility in deploying FS antennas in the 11 GHz band. While
licensees in the FS will now have additional options to deploy smaller
antennas in the 11 GHz band that comply with the revised Category B
standard, FS licensees also retain the discretion to maintain and
continue to deploy Category A compliant antennas in the band. In this
Report and Order, we also amend Section 101.115 of the Commission's
rules to impose a duty on any FS licensee that deploys a smaller
antenna in the 11 GHz band that does not comply with the Category A
standard to ensure that the introduction of such antennas does not
cause harmful interference to other licensees and applicants in the
band. We find that the amendments we adopt in this Report and Order
further the public interest and promote our goals of facilitating the
efficient use of the 11 GHz band while also protecting other users in
the band from interference.
B. Summary of Significant Issues Raised by Public Comments in Response
to the NPRM
18. 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
19. 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 rules adopted herein. 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.
20. 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.
21. 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.
22. 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.
23. 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 entities that might be
affected by our action.
24. 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.
25. 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.
26. 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
[[Page 55677]]
that would constitute a small business under the SBA definition.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
27. This Report and Order adopts no new reporting or recordkeeping
requirements. This Report and Order adopts amendments to Part 101 of
the Commission's rules to afford FS licensees in the 11 GHz band with
the flexibility to deploy smaller antennas that comply with the less
stringent Category B standard or to maintain as well as continue to
deploy antennas that comply with the more stringent Category A
standard. 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 smaller antennas in the
11 GHz band.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
28. 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.
29. In this Report and Order, we adopt amendments to Section
101.115 of the Commission's Rules to revise the Category B standard for
the 11 GHz band to permit, as proposed in the NPRM, the use of FS
antennas with reduced mainbeam gain, increased beamwidth, and modified
sidelobe suppression. Licensees in the FS will now have additional
options to deploy smaller antennas in the 11 GHz band that comply with
the revised Category B standard while retaining the discretion to
maintain and continue to deploy antennas that comply with the more
stringent Category A standard, which has not been modified in this
Report and Order. Smaller antennas that comply with the revised
Category B standard cost less to acquire, deploy, and maintain, thereby
reducing the expenditure of capital and human resources otherwise
necessary to deploy and maintain Category A compliant antennas. We
conclude in this Report and Order that our action serves the public
interest by facilitating the efficient use of the 11 GHz band. The
deployment of smaller antennas that comply with the revised Category B
standard could promote 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. In addition, a number of
the commenting parties in this proceeding identify themselves as small
business entities and express their need to deploy smaller antennas in
the 11GHz band in order to open up economic opportunities and to
provide for a wide range of services, including, for example, the
provision of backhaul services.
30. Report to Congress: The Commission will send a copy of the
Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act. In addition, the
Commission will send a copy of the Report and Order, including the
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
Report and Order and the FRFA (or summaries thereof) will also be
published in the Federal Register.
III. Procedural Matters
31. Paperwork Reduction Analysis: This document contains no new or
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104.13.
32. Congressional Review Act: 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).
IV. Ordering Clauses
33. Pursuant to Sections 1, 2, 4(i), 7, 10, 201, 214, 301, 302,
303, 307, 308, 309, 310, 319, 324, 332, 333 and 706 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, and 706,
that this Report and Order is adopted.
34. Pursuant to Section 4(i) of the Communications Act of 1934, 47
U.S.C. 154(i), and Section 1.925 of the Commission's rules, that the
Petition for Waiver filed by Nextlink Wireless, Inc. on August 4, 2006,
the Petition for Waiver filed by First Avenue Networks, Inc. on August
10, 2006, the Petition for Waiver and Expedited Action filed by Telecom
Transport Management, Inc. on September 8, 2006, and the Petition for
Expedited Waiver Pending Rulemaking filed by Conterra Ultra Broadband,
LLC on January 22, 2007 are dismissed as moot.
35. Pursuant to Section 4(i) of the Communications Act of 1934, 47
U.S.C. 154(i), and Section 1.925 of the Commission's rules, that the
waiver granted to FiberTower Corporation in FiberTower, Inc., Order, 21
FCC Rcd 6386 (WTB 2006) is terminated on the date the rules adopted in
this Report and Order become effective, with facilities authorized
pursuant to the waiver being grandfathered.
36. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Report and
Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 101 as follows:
PART 101--FIXED MICROWAVE SERVICES
0
1. The authority citation for part 101 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
2. Section 101.115 is amended by revising the entry for ``10,700 to
11,700'' \5\ in the table following paragraph (b)(2), redesignating
paragraph (f) as paragraph (g), and adding a new paragraph (f) to read
as follows:
Sec. 101.115 Directional antennas.
(b) * * *
(2) * * *
[[Page 55678]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 \5\.............. A 2.2 38 25 29 33 36 42 55 55
B 3.5 33.5 17 24 28 32 35 40 45
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(f) In the 10,700-11,700 MHz band, a fixed station may employ
transmitting and receiving antennas meeting performance standard B in
any area. If a Fixed Service or Fixed Satellite Service licensee or
applicant makes a showing that it is likely to receive interference
from such fixed station and that such interference would not exist if
the fixed station used an antenna meeting performance standard A, the
fixed station licensee must modify its use. Specifically, the fixed
station licensee must either substitute an antenna meeting performance
standard A or operate its system with an EIRP reduced so as not to
radiate, in the direction of the other licensee, an EIRP in excess of
that which would be radiated by a station using a Category A antenna
and operating with the maximum EIRP allowed by the rules. A licensee or
prior applicant using an antenna that does not meet performance
Standard A may object to a prior coordination notice based on
interference only if such interference would be predicted to exist if
the licensee or prior applicant used an antenna meeting performance
standard A.
[FR Doc. E7-19342 Filed 9-28-07; 8:45 am]
BILLING CODE 6712-01-P
