Amendment of Part 101 of the Commission's Rules To Accommodate 30 Megahertz Channels in the 6525-6875 MHz Band; Amendment of Part 101 of the Commission's Rules to Provide for Conditional Authorization on Additional Channels in the 21.8-22.0 GHz and 23.0-23.2 GHz Band; Fixed Wireless Communications Coalition Request for Waiver, 36134-36139 [E9-17412]
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36134
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 101
[WT Docket No. 09–114; RM 11417; FCC
09–58]
Amendment of Part 101 of the
Commission’s Rules To Accommodate
30 Megahertz Channels in the 6525–
6875 MHz Band; Amendment of Part
101 of the Commission’s Rules to
Provide for Conditional Authorization
on Additional Channels in the 21.8–
22.0 GHz and 23.0–23.2 GHz Band;
Fixed Wireless Communications
Coalition Request for Waiver
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AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: In this document, we seek
comment on modifying the
Commission’s rules to authorize
channels with bandwidths of as much
as 30 MHz in the 6525–6875 MHz band.
We also propose, on our own motion, to
allow conditional authority on
additional channels in the 21.8–22.0
GHz and 23.0–23.2 GHz band (23 GHz
band).
DATES: Comments must be filed on or
before August 21, 2009, and reply
comments must be filed on or before
September 8, 2009.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW,
Washington, DC 20554. You may submit
comments, identified by WT Docket No.
09–114, 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:
Charles Oliver, Attorney, Wireless
Telecommunications Bureau at 202–
418–1325 or via the Internet to
Charles.Oliver@fcc.gov.
This is a
summary of the Commission’s Notice of
SUPPLEMENTARY INFORMATION:
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Proposed Rule Making (NPRM), FCC 09–
58, released June 29, 2009. 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 NPRM 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 09–58. The
NPRM is available on the Commission’s
Web site at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-0958A1.doc.
Pursuant to §§ 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, May 1, 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
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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
A. The 6 GHz Band
1. Most of the part 101 Fixed Service
6 GHz Band is made up of two subbands, 5925–6425 MHz (Lower 6 GHz
Band) and 6525–6875 MHz (Upper 6
GHz Band). The Commission licenses
terrestrial Fixed Services (FS) in both
sub-bands, but there are several
differences between them. The
Commission issues licenses for satellite
earth stations on a co-primary basis with
FS in the Lower 6 GHz band but does
not issue earth station licenses in the
Upper 6 GHz Band. Lower 6 GHz
channels are also available for television
studio-to-transmitter links (STL) in the
local television transmission service
(LTTS); Upper 6 GHz channels are not.
In addition, the maximum authorized
bandwidth differs by sub-band: 30
megahertz is the maximum bandwidth
allowed in the Lower 6 GHz Band, and
10 megahertz is the maximum allowed
in the Upper 6 GHz Band. The Lower 6
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GHz Band was historically assigned for
wideband common carrier fixed use
with 29.65 megahertz channels, while
the Upper 6 GHz Band was historically
assigned for private use with narrower
channels. FWCC explains that fixed
service bands such as the Lower 6 GHz
Band and Upper 6 GHz Band carry
critical services such as public safety
communications (including police and
fire vehicle dispatch), coordinating the
movement of railroad trains, controlling
natural gas and oil pipelines, regulating
the electric grid, and backhaul for
wireless traffic.
2. The Lower 6 GHz Band is
increasingly congested. As of early May,
2009, there were 15,264 active FS
licenses in the Lower 6 GHz Band.
Furthermore, the Lower 6 GHz Band
also has 1,602 licensed satellite earth
stations. Each earth station is routinely
coordinated for the entire 5925–6425
MHz band and for the entire
geosynchronous arc, even if the earth
station actually communicates with
only one transponder on one satellite.
Thus, a satellite earth station will place
far greater limits on the ability to
coordinate stations in adjacent areas
than a terrestrial FS station, which is
typically coordinated for a single
channel, or a limited set of channels,
with a narrow beamwidth. As noted
above, existing rules also allow Lower 6
GHz FS stations to operate at up to
triple the bandwidth authorized under
existing Upper 6 GHz Band rules.
3. The congestion in the Lower 6 GHz
Band has led a number of applicants to
seek licenses to operate in the Upper 6
GHz Band pursuant to waivers that
permit them to operate FS stations with
bandwidths that are greater than the
authorized 10 megahertz. As of May 11,
2009, the Commission had issued
waivers authorizing 880 FS frequency
paths with bandwidths greater than 10
megahertz in the Upper 6 GHz Band, of
which 548 were authorized with 30
megahertz bandwidths. These waivers
were granted upon showing that there
were no channels available in the Lower
6 GHz Band, that other higher frequency
bands were not suitable for the
proposed path, and that there were no
other alternatives. While the waiver
process has provided an alternative for
applicants seeking wider bandwidths in
the Upper 6 GHz, some licensees have
argued that the waiver process has the
disadvantages of delay and additional
preparation costs.
4. If certain conditions are met, the
Commission’s rules provide that
applicants for FS licenses under part
101 may operate their proposed stations
more quickly pursuant to conditional
authority, although they do so at their
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own risk during the pendency of their
applications. One of those conditions is
that the applicant has successfully
completed the frequency coordination
procedures specified in § 101.103 of the
Commission’s rules. Conditional
authority is not available, however, to
applicants that must request waivers of
existing rules.
5. On February 4, 2008, FWCC filed
a petition proposing that the
Commission change its rules to allow
channels with 30 megahertz bandwidths
in the Upper 6 GHz Band. Specifically,
FWCC proposes that the Commission (1)
amend § 101.109(c) of its rules to permit
coordination and licensing of 30
megahertz channels in the Upper 6 GHz
Band, (2) amend § 101.147(a) of the
Commission’s rules to state that
coordination of a 30 megahertz link in
the Upper 6 GHz Band should be
attempted only if the link cannot be
accommodated in the Lower 6 GHz
Band, and (3) amend § 101.147(l) to
specify frequency pairs for 30 megahertz
channels, while retaining the present
option of using narrowband channels
and preserving frequencies that are
presently allocated for emergency
restoration.
6. FWCC states that the 10 megahertz
maximum on authorized bandwidths in
the Upper 6 GHz Band prevents links in
that sub-band from handling data rates
of more than about 50 megabits per
second (Mbits/s). It asserts that larger
bandwidths of up to 30 megahertz will
allow the deployment of higher capacity
broadband links and will enhance the
delivery of critical infrastructure and
business services when high-speed links
are required over long distances. FWCC
acknowledges that the Commission has
granted waivers for bandwidths greater
than 10 megahertz in the Upper 6 GHz
Band, but argues that the unavailability
of conditional authorizations represents
a serious disadvantage. FWCC argues
that FS facilities must often be installed
on short notice to meet urgent public
safety, infrastructure, and commercial
needs, which makes conditional
licensing important to industries and
their customers. FWCC contends that
applicants seeking to install high-speed
links often have no alternative to the
Upper 6 GHz Band.
7. To ensure that assignments for 30
megahertz links in the Upper 6 GHz will
only be granted in cases of necessity,
FWCC proposes that a new note be
added to § 101.147(a) stating that
location of a new 30 megahertz link in
the Upper 6 GHz Band should be
permitted only if it cannot be
accommodated in the Lower 6 GHz
Band. FWCC notes that existing rules
already set minimum bits-per-second
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and loading requirements for the entire
6 GHz Band, and thereby discourage
applicants from seeking widebandwidth assignments when narrower
bandwidths would meet their needs.
8. Finally, FWCC proposes that
§ 101.147(l) be amended by adding a
new paragraph to designate 30
megahertz bandwidth paired channels
(for 60 megahertz total) at 6555 and
6725 MHz, 6595 and 6755 MHz, 6625
and 6785 MHz, 6655 MHz and 6815
MHz, and 6685 MHz and 6845 MHz.
FWCC’s proposed placement of those
channels would avoid any overlap with
the channels centered at 6535 and 6575
MHz, which are reserved for emergency
restoration, maintenance bypass, and
other temporary fixed uses.
9. AT&T, Comsearch, Harris, Radio
Dynamics Corp., and UTC support
FWCC’s proposal. Those parties agree
that the necessity of seeking waivers,
and consequent inability to obtain
conditional authorizations before the
Commission approves applications,
cause delays that have a significant
impact on deployment of new services.
They agree that there is rapidly
increasing demand among wireless
service providers for long-distance highcapacity links, and that there is limited
space available in bands below the
Upper 6 GHz Band, especially in major
metropolitan areas. Commenters
support FWCC’s proposal that
applicants for wide channels in the
upper 6 GHz be required to demonstrate
that the spectrum required is
unavailable in the lower 6 GHz.
Comsearch approves of FWCC’s
proposed channelization scheme and
notes that the 30 megahertz channel
pairs that FWCC proposes are formed by
an appropriate aggregation of
underlying 10 megahertz channels and
eliminate any overlap with the channels
at 6535 MHz and 6575 MHz that are
reserved for emergency restoration and
maintenance purposes.
10. API, however, argues that the
Upper 6 GHz Band should be preserved
for use by private operational fixed
microwave licensees, including narrow
bandwidth licensees that the
Commission has required to vacate both
the 1.9 GHz band and, more recently,
the 2.1 GHz band. API contends that
allowing 30 megahertz licenses in the
Upper 6 GHz Band could cause
congestion and encourage speculative
licensing. API states that channel
assignments for incumbent licensees in
the 2.1 GHz band are generally limited
to a maximum of 800 kHz, and that, as
a consequence, those incumbents will
not require 30 megahertz bandwidths
when they are relocated. API contends
that the availability of 30 megahertz
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bandwidth channels in the lower 6 GHz
is one of the reasons why the Lower 6
GHz Band has become congested, and
that making such wide channels
available in the upper 6 GHz would lead
to similar congestion in the upper 6
GHz. That, in turn, it argues, could
frustrate efforts to relocate displaced
licensees from the 2.1 GHz band,
potentially requiring them to resort to
bands that cannot support the long
signal paths that are feasible at 6 GHz.
11. FWCC and AT&T argue that API’s
concerns are misplaced. FWCC
contends that the main source of
congestion in the lower 6 GHz is
satellite earth stations. FWCC contends
that the Upper 6 GHz Band will
probably not become seriously
congested, whether or not 30 megahertz
bandwidths are authorized, because
satellite earth stations are not
authorized in the Upper 6 GHz Band.
FWCC also believes that the
Commission’s existing buildout and
loading rules are sufficient to prevent
speculative licensing. AT&T argues that
the proposed rule changes would not
frustrate the relocation plans of
licensees that are forced to relocate from
the 1.9 GHz and 2.1 GHz bands because,
under existing rules, new licensees will
be required to compensate displaced
incumbents for the cost of relocations,
regardless of whether the incumbent is
relocated to a single link in the 6 GHz
band or to multiple links in a higher
band that requires shorter spacing
between transmitters and receivers.
12. We propose to modify the
Commission’s rules to authorize 30
megahertz channels in the Upper 6 GHz
Band. We find such action could serve
the public interest by making more
readily available an additional source of
spectrum for high-speed microwave
links. As FWCC states, such links
support a variety of important
commercial, public safety, and
consumer uses, including backhaul for
broadband systems. Furthermore, the
high number of waiver requests we have
received to allow licensing of channels
greater than 10 megahertz in the Upper
6 GHz Band is evidence of a notable
demand for wider channels in this band.
We have already approved waivers for
many applicants based on their
showings that the applicants had no
available alternative to operating in the
Upper 6 GHz Band. We seek comment
on this proposal.
13. We also seek comment on API’s
concerns that allowing 30 megahertz
channels in the Upper 6 MHz Band
could lead to congestion and
speculative licensing. In particular, we
ask commenters to indicate whether
waiver requests the Bureau has granted
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for 30 megahertz channels in the Upper
6 MHz Band have caused problems to
relocating licensees. Further, we ask
commenters to indicate whether the
Upper 6 GHz Band has any special
characteristics that would cause it to be
particularly susceptible to speculative
licensing. We note that thirty megahertz
channels in the 6 GHz band are already
required to have a minimum payload
capacity of 134.1 Mbits/s, and they must
load at least 50 percent of that capacity
within 30 months after they are
licensed. In addition, our rules require
FS links in the 6 GHz band to have a
minimum path length of 17 kilometers
(km). We seek comment on whether
these requirements provide assurance
that spectrum in the Upper 6 GHz Band
will be used efficiently.
14. We also seek comment on whether
additional requirements are necessary to
ensure efficient usage, in the event that
we allow 30 megahertz channels in the
Upper 6 MHz Band. In particular, we
seek comment on FWCC’s proposal that
we require applicants for 30 megahertz
channels in the Upper 6 GHz Band to
demonstrate that the requisite paths are
not available in the Lower 6 GHz Band,
as well as Comsearch’s suggestion that
we require a showing that channels in
the 10.7–11.7 GHz band would not be
available or sufficiently reliable.
15. In addition, we seek comment on
whether authorizing 30 megahertz
channels in the Upper 6 GHz Band
would adversely impact the relocation
of narrow-bandwidth links from other
bands. We note API’s concerns that
sufficient spectrum be preserved to
accommodate relocation of narrowbandwidth links from other bands. We
also note AT&T’s assertion that most of
the cost of relocating such licensees to
higher bands, if that proves necessary,
will fall upon the providers of emerging
technologies that are newly licensed to
the reallocated bands, not upon the
displaced incumbents.
16. Further, we seek comment on the
specific channel plan proposed by
FWCC, which envisions 30 megahertz
bandwidth paired channels (for 60
megahertz total for each authorized
path) at 6555 and 6725 MHz, 6595 and
6755 MHz, 6625 and 6785 MHz, 6655
MHz and 6815 MHz, and 6685 MHz and
6845 MHz. We note that Comsearch and
Harris support this proposal. We also
seek comment on alternative band
plans, in particular whether additional
channel bandwidths besides 30
megahertz are needed.
B. 23 GHz Band
17. The Commission’s rules provide
for conditional authorization of fixed
microwave links, allowing the license
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applicant to begin operating a link as
soon as the application is filed, if the
link has been frequency coordinated
and certain other conditions are met.
The frequencies in the 23 GHz band are
shared by federal and non-federal users.
For this reason, conditional authority in
the band is limited to frequencies for
which the Commission has an
agreement with the National
Telecommunications and Information
Administration (NTIA) to permit
conditional authorization. Thus, in the
23 GHz band, conditional authority is
currently limited to four channel pairs—
21.825/23.025 GHz, 21.875/23.075 GHz,
21.925/23.125 GHz, and 21.975/23.175
GHz—for non-federal applicants
proposing to limit their equivalent
isotropically radiated power (EIRP) to
55 dBm.
18. On November 7, 2007, FWCC
submitted a petition for rulemaking
requesting that the Commission allow
conditional licensing for non-federal
use, with NTIA’s consent, in two
additional channel pairs in the 23 GHz
band—the 22.025/23.225 GHz and
22.075/23.275 GHz channel pairs—for
applicants proposing to limit their EIRP
to 55 dBm.
19. In response to FWCC’s petition,
we seek comment on whether to allow
conditional authority on the 22.025/
23.225 GHz and 22.075/23.275 GHz
channel pairs for applicants proposing
to limit their EIRP to 55 dBm, as set
forth in the proposed rules in Appendix
A. Our decision to seek comment on
this proposal is predicated on NTIA’s
lack of opposition, following our
coordination with that agency, to our
granting conditional authority with
respect to these additional channel
pairs. The Commission has previously
recognized that permitting conditional
operation pending the approval of an
application provides greater flexibility
to Part 101 licensees and enables them
to operate more efficiently.
II. Initial Paperwork Reduction
Analysis
20. This document does not contain
proposed information collection(s)
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified ‘‘information
collection burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002.
III. Initial Regulatory Flexibility
Analysis
21. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
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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 Rule Making
(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
specified in the NPRM for comments.
The Commission will send a copy of
this 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.
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A. Need for, and Objectives of, the
Proposed Rules
22. In this NPRM, we seek comment
on a petition for rulemaking filed by the
Fixed Wireless Communications
Coalition (FWCC) on February 4, 2008,
and on a rule change that we propose on
our own motion.
23. The FWCC 6 GHz Petition
requests that the Commission initiate a
rulemaking to change its rules to allow
channels with bandwidths of as much
as 30 megahertz in the 6525–6875 MHz
band (Upper 6 GHz Band). Specifically,
FWCC proposes to amend § 101.109(c)
of the Commission’s rules to permit
coordination and licensing of 30
megahertz channels in the Upper 6 GHz
Band, amend § 101.147(a) of the
Commission’s rules to clarify that
coordination of a 30 megahertz link in
the Upper 6 GHz Band should be
attempted only if the link cannot be
accommodated in the 5925–6425 MHz
band, and amend § 101.147(l) of the
Commission’s rules to specify frequency
pairs for 30 megahertz channels, while
retaining the present option of using
narrowband channels and preserving
frequencies that are presently allocated
for emergency restoration.
24. The Lower 6 GHz Band, where 30
megahertz channels are allowed, is
increasingly congested. As of early May,
2009, there were 15,264 active FS
licenses in the Lower 6 GHz Band.
Furthermore, the Lower 6 GHz Band
also has 1,602 licensed satellite earth
stations. Each earth station is routinely
coordinated for the entire 5925–6425
MHz band, and for the entire
geosynchronous arc, even if the earth
station actually communicates with
only one transponder on one satellite.
Thus, a satellite earth station will place
far greater limits on the ability to
coordinate stations in adjacent areas
than a terrestrial FS station, which is
typically coordinated for a single
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channel, or a limited set of channels,
with a narrow beamwidth.
25. The congestion in the Lower 6
GHz Band has led a number of
applicants to seek licenses to operate in
the Upper 6 GHz Band pursuant to
waivers that permit them to operate FS
stations with bandwidths that are
greater than the authorized 10
megahertz. As of May 11, 2009, the
Commission had issued waivers
authorizing 880 FS frequency paths
with bandwidths greater than 10
megahertz in the Upper 6 GHz Band, of
which 548 were authorized with 30
megahertz bandwidths. These waivers
were granted upon showing that there
were no channels available in the Lower
6 GHz Band, that other higher frequency
bands were not suitable for the
proposed path, and that there were no
other alternatives.
26. Allowing channels with
bandwidths of as much as 30 megahertz
in the Upper 6 GHz Band by rule could
meet a variety of needs. Such action
could serve the public interest by
making more readily available an
additional source of spectrum for highspeed microwave links, which are used
for a variety of important commercial,
public safety, and consumer uses,
including backhaul for broadband
systems. Furthermore, the high number
of waiver requests we have received to
allow licensing of channels greater than
10 megahertz in the Upper 6 GHz Band
is evidence of a notable demand for
wider channels in this band. On the
other hand, the American Petroleum
Institute (API) has expressed concern
that allowing 30 megahertz licenses in
the Upper 6 GHz Band could cause
congestion, encourage speculative
licensing, and make it more difficult for
licensees to relocate out of the 2 GHz
Band that has been reallocated for
advanced technologies. The objective of
the proposed rule is to provide the
benefits of wider channels while
avoiding the potential problems noted
by API. We believe that increasing
congestion in the Lower 6 GHz Band
could justify expanding the maximum
allowable bandwidth in the Upper 6
GHz Band to 30 megahertz. We also seek
comment on concerns raised by the
American Petroleum Institute
Telecommunications Subcommittee that
adopting these rules might lead to
additional congestion in the upper 6
GHz band, cause speculative
applications to be filed, and make it
more difficult for applicants proposing
narrower bandwidth links to coordinate
their proposals with licensees in the
Upper 6 GHz Band.
27. We also propose, on our own
motion, to allow conditional licensing
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36137
on two additional channel pairs for nonfederal use in the 23 GHz band, if the
National Telecommunications and
Information Administration (NTIA)
approves, for applicants proposing to
limit their effective isotropically
radiated power (E.I.R.P.) to 55 dBm.
28. If certain conditions are met, the
Commission’s rules provide that
applicants for FS licenses under part
101 may operate their proposed stations
more quickly pursuant to conditional
authority, although they do so at their
own risk during the pendency of their
applications. Before exercising
conditional authority, the applicant
must successfully complete frequency
coordination to ensure that the
proposed facilities will not cause
interference to other authorized
facilities. Conditional authority ceases
immediately if an application is
returned as unacceptable for filing. The
Commission’s rules also provide that
‘‘conditional authority may be modified
or cancelled by the Commission at any
time without hearing if, in the
Commission’s discretion, the need for
such action arises.’’
29. Fixed service bands carry critical
services such as public safety
communications (including police and
fire vehicle dispatch), coordinating the
movement of railroad trains, controlling
natural gas and oil pipelines, regulating
the electric grid, and backhaul for
wireless traffic. Conditional authority
allows an applicant to provide those
types of services expeditiously before
the Commission acts on its application.
Because the 23 GHz Band is shared
between federal and non-federal use,
conditional authority in that band is
limited to frequencies for which the
Commission has an agreement with
NTIA to permit conditional
authorization. NTIA has not stated any
objection to allowing conditional
licensing on the additional two channel
pairs. We therefore propose to add the
22.025/23.225 GHz and 22.075/23.275
GHz channel pairs to the list of
frequencies on which we allow
conditional authority. Such action
would allow all licensees to provide
service more rapidly (subject to the
normal limitations on conditional
authority noted above) while protecting
existing licensees. We seek comment on
allowing conditional authority on a
permanent basis.
B. Legal Basis
30. 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),
E:\FR\FM\22JYP1.SGM
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36138
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
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
31. 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.
32. 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. Wireless
Telecommunications Carriers (except
satellite).
33. 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 IRFA, we
will use the SBA’s definition applicable
to Wireless Telecommunications
Carriers (except satellite)—i.e., an entity
with no more than 1,500 persons. The
Commission’s most recent data were
acquired when ‘‘Cellular and Other
Wireless Telecommunications
VerDate Nov<24>2008
15:30 Jul 21, 2009
Jkt 217001
Companies’’ was the applicable industry
category. 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.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
34. This NPRM proposes no new
reporting or recordkeeping
requirements.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
35. 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.
36. As noted above, this NPRM
proposes rules to provide applicants
with improved access to spectrum that
is presently restricted with respect to
bandwidth or that requires completion
of frequency coordination with NTIA
before the applicant can begin
operations on a conditional basis. As
noted above, virtually all microwave
licensees under part 101 of the
Commission’s rules are considered
small businesses. Under our rules, the
opportunities to apply for 30 megahertz
channels in the Upper 6 GHz Band and
to take advantage of conditional
authority 22.025/23.225 GHz and
22.075/23.275 GHz channel pairs would
be equally available to all applicants,
including small businesses. Thus, this
proposed action would provide
additional options to all licensees,
including small entity licensees. In this
NPRM, we seek comment on these
proposed actions. Such action could
serve the public interest by facilitating
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
the efficient use of the 6 GHz and 23
GHz bands. The proposed rules could
therefore open up economic
opportunities to a variety of spectrum
users, including small businesses.
37. The alternative approach would
be to maintain the existing rules. If the
rules were not changed to provide for 30
megahertz channels in the Upper 6 GHz
Band, applicants who wished to obtain
such channels would have to take
additional time and money to prepare a
request for waiver of the Commission’s
rules. Such additional time and expense
may be particularly disadvantageous to
small businesses. Furthermore, because
a waiver request would be required,
applicants cannot commence operation
until the Commission grants their
waiver request and application. The
resulting delay can make it more
difficult for applicants to meet their
communications needs or the needs of
their customers. With respect to the 23
GHz Band, the alternative approach
would be to deny conditional authority
on the two additional channel pairs and
require applicants to wait until the
Commission grants their application
before they can commence service.
Again, the resulting delay can make it
more difficult for applicants to meet
their communications needs or the
needs of their customers.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
None.
Ordering Clauses
38. 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 NPRM is hereby
ADOPTED.
39. Notice is given of the proposed
regulatory changes described in this
NPRM, and that comment is sought on
these proposals.
40. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, 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.
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
§ 101.147
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 101 to read as follows:
PART 101—FIXED MICROWAVE
SERVICES
1. The authority citation for part 101
continues to read as follows:
Authority: 47 U.S.C. 154, 303.
Transmit (receive) (MHz)
2. Amend § 101.31 by revising
paragraph (b)(1)(vii) to read as follows:
§ 101.31 Temporary and conditional
authorizations.
*
*
*
*
*
(b) * * *
(1) * * *
(vii) With respect to the 21.8–22.0
GHz and 23.0–23.2 GHz band, the filed
application(s) does not propose to
operate on a frequency pair centered on
other than 21.825/23.025 GHz, 21.875/
23.075 GHz, 21.925/23.125 GHz, 21.975/
23.175 GHz, 22.025/23.225 GHz or
22.075/23.275 GHz and does not
propose to operate with an E.I.R.P.
greater than 55 dBm. The center
frequencies are shifted from the center
frequencies listed above for certain
bandwidths as follows: Add 0.005 GHz
for 20 MHz bandwidth channels, add
0.010 GHz for 30 megahertz bandwidth
channels, and subtract 0.005 GHz for 40
MHz bandwidth channels. See specific
channel listings in § 101.147(s).
*
*
*
*
*
3. Amend § 101.109(c) table by
revising the entry for the 6,525 to 6,875
Frequency band (MHz) to read as
follows:
§ 101.109
*
Bandwidth.
*
*
(c) * * *
*
*
Maximun
authorized
bandwidth
Frequency band (MHz)
erowe on DSK5CLS3C1PROD with PROPOSALS-1
*
*
*
*
*
6,525 to 6,875 ......................... 30 MHz 1
*
*
*
*
*
4. Amend § 101.147 by revising entry
6,525–6,875 MHz (14) to entry 6,525–
6,875 MHz (14)(33) in paragraph (a), by
adding note (33) to paragraph (a) and by
adding a new paragraph (l)(8) to read as
follows:
VerDate Nov<24>2008
15:30 Jul 21, 2009
Frequency assignments.
(a) * * *
*
*
*
*
*
6,525–6,875 MHz (14)(33)
*
*
*
*
*
(33) The coordination of a new 30
MHz link in the 6,525–6,825 MHz band
should be attempted only if it cannot be
accommodated in the 5,925–6,425 MHz
band.
*
*
*
*
*
(l) * * *
(8) 30 MHz bandwidth channels:
Jkt 217001
6555
6595
6525
6655
6685
..........................................
..........................................
..........................................
..........................................
..........................................
*
*
Receive
(transmit)
(MHz)
*
*
6725
6755
6785
6815
6845
*
[FR Doc. E9–17412 Filed 7–21–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 192, 193, and 195
[Docket No. PHMSA–2008–0301)
RIN 2137–AE41
Pipeline Safety: Periodic Updates of
Regulatory References to Technical
Standards and Miscellaneous Edits
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: PHMSA is proposing to
incorporate by reference (IBR) into the
pipeline safety regulations all or parts of
new editions of voluntary consensus
standards to allow pipeline operators to
use current technology, new materials,
and other industry and management
practices. In this document, PHMSA
also proposes to make nonsubstantive
edits and clarify regulatory language in
certain provisions. These proposed
amendments to the pipeline safety
regulations would not require pipeline
operators to undertake any significant
new pipeline safety initiatives.
DATES: Submit comments on the subject
of this proposed rule on or before
September 21, 2009.
PO 00000
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Fmt 4702
Sfmt 4702
36139
ADDRESSES: You may submit comments,
identified by Docket No. PHMSA–2008–
0301, by any of the following methods:
• E-Gov Web: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency. Follow the online instructions
for submitting comments.
• Mail: Docket Management System:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: DOT
Docket Management System: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Identify the docket ID,
PHMSA 2008–0301, at the beginning of
your comments. If you submit your
comments by mail, submit two copies.
If you wish to receive confirmation that
PHMSA received your comments,
include a self-addressed stamped
postcard. Internet users may submit
comments at https://
www.regulations.gov.
Note: All comments received will be
posted without edits to https://
www.regulations.gov, including any personal
information provided. Please see the Privacy
Act heading below.
Privacy Act: Anyone is able to search
the electronic comments received into
any of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78) or you may visit
https://docketsinfo.dot.gov/.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
Alternatively, you may review the
documents in person at the street
address listed above.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Mike Israni,
(202) 366–4571, or by e-mail at
mike.israni@dot.gov.
Regulatory Information: Cheryl
Whetsel by phone at (202) 366–4431 or
by e-mail at cheryl.whetsel@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113; signed into law March 7, 1996)
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Agencies
[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Proposed Rules]
[Pages 36134-36139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17412]
[[Page 36134]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 101
[WT Docket No. 09-114; RM 11417; FCC 09-58]
Amendment of Part 101 of the Commission's Rules To Accommodate 30
Megahertz Channels in the 6525-6875 MHz Band; Amendment of Part 101 of
the Commission's Rules to Provide for Conditional Authorization on
Additional Channels in the 21.8-22.0 GHz and 23.0-23.2 GHz Band; Fixed
Wireless Communications Coalition Request for Waiver
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, we seek comment on modifying the
Commission's rules to authorize channels with bandwidths of as much as
30 MHz in the 6525-6875 MHz band. We also propose, on our own motion,
to allow conditional authority on additional channels in the 21.8-22.0
GHz and 23.0-23.2 GHz band (23 GHz band).
DATES: Comments must be filed on or before August 21, 2009, and reply
comments must be filed on or before September 8, 2009.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW,
Washington, DC 20554. You may submit comments, identified by WT Docket
No. 09-114, 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: Charles Oliver, Attorney, Wireless
Telecommunications Bureau at 202-418-1325 or via the Internet to
Charles.Oliver@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making (NPRM), FCC 09-58, released June 29, 2009. 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 NPRM 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 09-58. The NPRM is
available on the Commission's Web site at https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-58A1.doc.
Pursuant to Sec. Sec. 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, May 1, 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
A. The 6 GHz Band
1. Most of the part 101 Fixed Service 6 GHz Band is made up of two
sub-bands, 5925-6425 MHz (Lower 6 GHz Band) and 6525-6875 MHz (Upper 6
GHz Band). The Commission licenses terrestrial Fixed Services (FS) in
both sub-bands, but there are several differences between them. The
Commission issues licenses for satellite earth stations on a co-primary
basis with FS in the Lower 6 GHz band but does not issue earth station
licenses in the Upper 6 GHz Band. Lower 6 GHz channels are also
available for television studio-to-transmitter links (STL) in the local
television transmission service (LTTS); Upper 6 GHz channels are not.
In addition, the maximum authorized bandwidth differs by sub-band: 30
megahertz is the maximum bandwidth allowed in the Lower 6 GHz Band, and
10 megahertz is the maximum allowed in the Upper 6 GHz Band. The Lower
6
[[Page 36135]]
GHz Band was historically assigned for wideband common carrier fixed
use with 29.65 megahertz channels, while the Upper 6 GHz Band was
historically assigned for private use with narrower channels. FWCC
explains that fixed service bands such as the Lower 6 GHz Band and
Upper 6 GHz Band carry critical services such as public safety
communications (including police and fire vehicle dispatch),
coordinating the movement of railroad trains, controlling natural gas
and oil pipelines, regulating the electric grid, and backhaul for
wireless traffic.
2. The Lower 6 GHz Band is increasingly congested. As of early May,
2009, there were 15,264 active FS licenses in the Lower 6 GHz Band.
Furthermore, the Lower 6 GHz Band also has 1,602 licensed satellite
earth stations. Each earth station is routinely coordinated for the
entire 5925-6425 MHz band and for the entire geosynchronous arc, even
if the earth station actually communicates with only one transponder on
one satellite. Thus, a satellite earth station will place far greater
limits on the ability to coordinate stations in adjacent areas than a
terrestrial FS station, which is typically coordinated for a single
channel, or a limited set of channels, with a narrow beamwidth. As
noted above, existing rules also allow Lower 6 GHz FS stations to
operate at up to triple the bandwidth authorized under existing Upper 6
GHz Band rules.
3. The congestion in the Lower 6 GHz Band has led a number of
applicants to seek licenses to operate in the Upper 6 GHz Band pursuant
to waivers that permit them to operate FS stations with bandwidths that
are greater than the authorized 10 megahertz. As of May 11, 2009, the
Commission had issued waivers authorizing 880 FS frequency paths with
bandwidths greater than 10 megahertz in the Upper 6 GHz Band, of which
548 were authorized with 30 megahertz bandwidths. These waivers were
granted upon showing that there were no channels available in the Lower
6 GHz Band, that other higher frequency bands were not suitable for the
proposed path, and that there were no other alternatives. While the
waiver process has provided an alternative for applicants seeking wider
bandwidths in the Upper 6 GHz, some licensees have argued that the
waiver process has the disadvantages of delay and additional
preparation costs.
4. If certain conditions are met, the Commission's rules provide
that applicants for FS licenses under part 101 may operate their
proposed stations more quickly pursuant to conditional authority,
although they do so at their own risk during the pendency of their
applications. One of those conditions is that the applicant has
successfully completed the frequency coordination procedures specified
in Sec. 101.103 of the Commission's rules. Conditional authority is
not available, however, to applicants that must request waivers of
existing rules.
5. On February 4, 2008, FWCC filed a petition proposing that the
Commission change its rules to allow channels with 30 megahertz
bandwidths in the Upper 6 GHz Band. Specifically, FWCC proposes that
the Commission (1) amend Sec. 101.109(c) of its rules to permit
coordination and licensing of 30 megahertz channels in the Upper 6 GHz
Band, (2) amend Sec. 101.147(a) of the Commission's rules to state
that coordination of a 30 megahertz link in the Upper 6 GHz Band should
be attempted only if the link cannot be accommodated in the Lower 6 GHz
Band, and (3) amend Sec. 101.147(l) to specify frequency pairs for 30
megahertz channels, while retaining the present option of using
narrowband channels and preserving frequencies that are presently
allocated for emergency restoration.
6. FWCC states that the 10 megahertz maximum on authorized
bandwidths in the Upper 6 GHz Band prevents links in that sub-band from
handling data rates of more than about 50 megabits per second (Mbits/
s). It asserts that larger bandwidths of up to 30 megahertz will allow
the deployment of higher capacity broadband links and will enhance the
delivery of critical infrastructure and business services when high-
speed links are required over long distances. FWCC acknowledges that
the Commission has granted waivers for bandwidths greater than 10
megahertz in the Upper 6 GHz Band, but argues that the unavailability
of conditional authorizations represents a serious disadvantage. FWCC
argues that FS facilities must often be installed on short notice to
meet urgent public safety, infrastructure, and commercial needs, which
makes conditional licensing important to industries and their
customers. FWCC contends that applicants seeking to install high-speed
links often have no alternative to the Upper 6 GHz Band.
7. To ensure that assignments for 30 megahertz links in the Upper 6
GHz will only be granted in cases of necessity, FWCC proposes that a
new note be added to Sec. 101.147(a) stating that location of a new 30
megahertz link in the Upper 6 GHz Band should be permitted only if it
cannot be accommodated in the Lower 6 GHz Band. FWCC notes that
existing rules already set minimum bits-per-second and loading
requirements for the entire 6 GHz Band, and thereby discourage
applicants from seeking wide-bandwidth assignments when narrower
bandwidths would meet their needs.
8. Finally, FWCC proposes that Sec. 101.147(l) be amended by
adding a new paragraph to designate 30 megahertz bandwidth paired
channels (for 60 megahertz total) at 6555 and 6725 MHz, 6595 and 6755
MHz, 6625 and 6785 MHz, 6655 MHz and 6815 MHz, and 6685 MHz and 6845
MHz. FWCC's proposed placement of those channels would avoid any
overlap with the channels centered at 6535 and 6575 MHz, which are
reserved for emergency restoration, maintenance bypass, and other
temporary fixed uses.
9. AT&T, Comsearch, Harris, Radio Dynamics Corp., and UTC support
FWCC's proposal. Those parties agree that the necessity of seeking
waivers, and consequent inability to obtain conditional authorizations
before the Commission approves applications, cause delays that have a
significant impact on deployment of new services. They agree that there
is rapidly increasing demand among wireless service providers for long-
distance high-capacity links, and that there is limited space available
in bands below the Upper 6 GHz Band, especially in major metropolitan
areas. Commenters support FWCC's proposal that applicants for wide
channels in the upper 6 GHz be required to demonstrate that the
spectrum required is unavailable in the lower 6 GHz. Comsearch approves
of FWCC's proposed channelization scheme and notes that the 30
megahertz channel pairs that FWCC proposes are formed by an appropriate
aggregation of underlying 10 megahertz channels and eliminate any
overlap with the channels at 6535 MHz and 6575 MHz that are reserved
for emergency restoration and maintenance purposes.
10. API, however, argues that the Upper 6 GHz Band should be
preserved for use by private operational fixed microwave licensees,
including narrow bandwidth licensees that the Commission has required
to vacate both the 1.9 GHz band and, more recently, the 2.1 GHz band.
API contends that allowing 30 megahertz licenses in the Upper 6 GHz
Band could cause congestion and encourage speculative licensing. API
states that channel assignments for incumbent licensees in the 2.1 GHz
band are generally limited to a maximum of 800 kHz, and that, as a
consequence, those incumbents will not require 30 megahertz bandwidths
when they are relocated. API contends that the availability of 30
megahertz
[[Page 36136]]
bandwidth channels in the lower 6 GHz is one of the reasons why the
Lower 6 GHz Band has become congested, and that making such wide
channels available in the upper 6 GHz would lead to similar congestion
in the upper 6 GHz. That, in turn, it argues, could frustrate efforts
to relocate displaced licensees from the 2.1 GHz band, potentially
requiring them to resort to bands that cannot support the long signal
paths that are feasible at 6 GHz.
11. FWCC and AT&T argue that API's concerns are misplaced. FWCC
contends that the main source of congestion in the lower 6 GHz is
satellite earth stations. FWCC contends that the Upper 6 GHz Band will
probably not become seriously congested, whether or not 30 megahertz
bandwidths are authorized, because satellite earth stations are not
authorized in the Upper 6 GHz Band. FWCC also believes that the
Commission's existing buildout and loading rules are sufficient to
prevent speculative licensing. AT&T argues that the proposed rule
changes would not frustrate the relocation plans of licensees that are
forced to relocate from the 1.9 GHz and 2.1 GHz bands because, under
existing rules, new licensees will be required to compensate displaced
incumbents for the cost of relocations, regardless of whether the
incumbent is relocated to a single link in the 6 GHz band or to
multiple links in a higher band that requires shorter spacing between
transmitters and receivers.
12. We propose to modify the Commission's rules to authorize 30
megahertz channels in the Upper 6 GHz Band. We find such action could
serve the public interest by making more readily available an
additional source of spectrum for high-speed microwave links. As FWCC
states, such links support a variety of important commercial, public
safety, and consumer uses, including backhaul for broadband systems.
Furthermore, the high number of waiver requests we have received to
allow licensing of channels greater than 10 megahertz in the Upper 6
GHz Band is evidence of a notable demand for wider channels in this
band. We have already approved waivers for many applicants based on
their showings that the applicants had no available alternative to
operating in the Upper 6 GHz Band. We seek comment on this proposal.
13. We also seek comment on API's concerns that allowing 30
megahertz channels in the Upper 6 MHz Band could lead to congestion and
speculative licensing. In particular, we ask commenters to indicate
whether waiver requests the Bureau has granted for 30 megahertz
channels in the Upper 6 MHz Band have caused problems to relocating
licensees. Further, we ask commenters to indicate whether the Upper 6
GHz Band has any special characteristics that would cause it to be
particularly susceptible to speculative licensing. We note that thirty
megahertz channels in the 6 GHz band are already required to have a
minimum payload capacity of 134.1 Mbits/s, and they must load at least
50 percent of that capacity within 30 months after they are licensed.
In addition, our rules require FS links in the 6 GHz band to have a
minimum path length of 17 kilometers (km). We seek comment on whether
these requirements provide assurance that spectrum in the Upper 6 GHz
Band will be used efficiently.
14. We also seek comment on whether additional requirements are
necessary to ensure efficient usage, in the event that we allow 30
megahertz channels in the Upper 6 MHz Band. In particular, we seek
comment on FWCC's proposal that we require applicants for 30 megahertz
channels in the Upper 6 GHz Band to demonstrate that the requisite
paths are not available in the Lower 6 GHz Band, as well as Comsearch's
suggestion that we require a showing that channels in the 10.7-11.7 GHz
band would not be available or sufficiently reliable.
15. In addition, we seek comment on whether authorizing 30
megahertz channels in the Upper 6 GHz Band would adversely impact the
relocation of narrow-bandwidth links from other bands. We note API's
concerns that sufficient spectrum be preserved to accommodate
relocation of narrow-bandwidth links from other bands. We also note
AT&T's assertion that most of the cost of relocating such licensees to
higher bands, if that proves necessary, will fall upon the providers of
emerging technologies that are newly licensed to the reallocated bands,
not upon the displaced incumbents.
16. Further, we seek comment on the specific channel plan proposed
by FWCC, which envisions 30 megahertz bandwidth paired channels (for 60
megahertz total for each authorized path) at 6555 and 6725 MHz, 6595
and 6755 MHz, 6625 and 6785 MHz, 6655 MHz and 6815 MHz, and 6685 MHz
and 6845 MHz. We note that Comsearch and Harris support this proposal.
We also seek comment on alternative band plans, in particular whether
additional channel bandwidths besides 30 megahertz are needed.
B. 23 GHz Band
17. The Commission's rules provide for conditional authorization of
fixed microwave links, allowing the license applicant to begin
operating a link as soon as the application is filed, if the link has
been frequency coordinated and certain other conditions are met. The
frequencies in the 23 GHz band are shared by federal and non-federal
users. For this reason, conditional authority in the band is limited to
frequencies for which the Commission has an agreement with the National
Telecommunications and Information Administration (NTIA) to permit
conditional authorization. Thus, in the 23 GHz band, conditional
authority is currently limited to four channel pairs--21.825/23.025
GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, and 21.975/23.175 GHz--for
non-federal applicants proposing to limit their equivalent
isotropically radiated power (EIRP) to 55 dBm.
18. On November 7, 2007, FWCC submitted a petition for rulemaking
requesting that the Commission allow conditional licensing for non-
federal use, with NTIA's consent, in two additional channel pairs in
the 23 GHz band--the 22.025/23.225 GHz and 22.075/23.275 GHz channel
pairs--for applicants proposing to limit their EIRP to 55 dBm.
19. In response to FWCC's petition, we seek comment on whether to
allow conditional authority on the 22.025/23.225 GHz and 22.075/23.275
GHz channel pairs for applicants proposing to limit their EIRP to 55
dBm, as set forth in the proposed rules in Appendix A. Our decision to
seek comment on this proposal is predicated on NTIA's lack of
opposition, following our coordination with that agency, to our
granting conditional authority with respect to these additional channel
pairs. The Commission has previously recognized that permitting
conditional operation pending the approval of an application provides
greater flexibility to Part 101 licensees and enables them to operate
more efficiently.
II. Initial Paperwork Reduction Analysis
20. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified ``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002.
III. Initial Regulatory Flexibility Analysis
21. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared
[[Page 36137]]
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
Rule Making (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 specified in the NPRM for comments. The Commission
will send a copy of this 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
22. In this NPRM, we seek comment on a petition for rulemaking
filed by the Fixed Wireless Communications Coalition (FWCC) on February
4, 2008, and on a rule change that we propose on our own motion.
23. The FWCC 6 GHz Petition requests that the Commission initiate a
rulemaking to change its rules to allow channels with bandwidths of as
much as 30 megahertz in the 6525-6875 MHz band (Upper 6 GHz Band).
Specifically, FWCC proposes to amend Sec. 101.109(c) of the
Commission's rules to permit coordination and licensing of 30 megahertz
channels in the Upper 6 GHz Band, amend Sec. 101.147(a) of the
Commission's rules to clarify that coordination of a 30 megahertz link
in the Upper 6 GHz Band should be attempted only if the link cannot be
accommodated in the 5925-6425 MHz band, and amend Sec. 101.147(l) of
the Commission's rules to specify frequency pairs for 30 megahertz
channels, while retaining the present option of using narrowband
channels and preserving frequencies that are presently allocated for
emergency restoration.
24. The Lower 6 GHz Band, where 30 megahertz channels are allowed,
is increasingly congested. As of early May, 2009, there were 15,264
active FS licenses in the Lower 6 GHz Band. Furthermore, the Lower 6
GHz Band also has 1,602 licensed satellite earth stations. Each earth
station is routinely coordinated for the entire 5925-6425 MHz band, and
for the entire geosynchronous arc, even if the earth station actually
communicates with only one transponder on one satellite. Thus, a
satellite earth station will place far greater limits on the ability to
coordinate stations in adjacent areas than a terrestrial FS station,
which is typically coordinated for a single channel, or a limited set
of channels, with a narrow beamwidth.
25. The congestion in the Lower 6 GHz Band has led a number of
applicants to seek licenses to operate in the Upper 6 GHz Band pursuant
to waivers that permit them to operate FS stations with bandwidths that
are greater than the authorized 10 megahertz. As of May 11, 2009, the
Commission had issued waivers authorizing 880 FS frequency paths with
bandwidths greater than 10 megahertz in the Upper 6 GHz Band, of which
548 were authorized with 30 megahertz bandwidths. These waivers were
granted upon showing that there were no channels available in the Lower
6 GHz Band, that other higher frequency bands were not suitable for the
proposed path, and that there were no other alternatives.
26. Allowing channels with bandwidths of as much as 30 megahertz in
the Upper 6 GHz Band by rule could meet a variety of needs. Such action
could serve the public interest by making more readily available an
additional source of spectrum for high-speed microwave links, which are
used for a variety of important commercial, public safety, and consumer
uses, including backhaul for broadband systems. Furthermore, the high
number of waiver requests we have received to allow licensing of
channels greater than 10 megahertz in the Upper 6 GHz Band is evidence
of a notable demand for wider channels in this band. On the other hand,
the American Petroleum Institute (API) has expressed concern that
allowing 30 megahertz licenses in the Upper 6 GHz Band could cause
congestion, encourage speculative licensing, and make it more difficult
for licensees to relocate out of the 2 GHz Band that has been
reallocated for advanced technologies. The objective of the proposed
rule is to provide the benefits of wider channels while avoiding the
potential problems noted by API. We believe that increasing congestion
in the Lower 6 GHz Band could justify expanding the maximum allowable
bandwidth in the Upper 6 GHz Band to 30 megahertz. We also seek comment
on concerns raised by the American Petroleum Institute
Telecommunications Subcommittee that adopting these rules might lead to
additional congestion in the upper 6 GHz band, cause speculative
applications to be filed, and make it more difficult for applicants
proposing narrower bandwidth links to coordinate their proposals with
licensees in the Upper 6 GHz Band.
27. We also propose, on our own motion, to allow conditional
licensing on two additional channel pairs for non-federal use in the 23
GHz band, if the National Telecommunications and Information
Administration (NTIA) approves, for applicants proposing to limit their
effective isotropically radiated power (E.I.R.P.) to 55 dBm.
28. If certain conditions are met, the Commission's rules provide
that applicants for FS licenses under part 101 may operate their
proposed stations more quickly pursuant to conditional authority,
although they do so at their own risk during the pendency of their
applications. Before exercising conditional authority, the applicant
must successfully complete frequency coordination to ensure that the
proposed facilities will not cause interference to other authorized
facilities. Conditional authority ceases immediately if an application
is returned as unacceptable for filing. The Commission's rules also
provide that ``conditional authority may be modified or cancelled by
the Commission at any time without hearing if, in the Commission's
discretion, the need for such action arises.''
29. Fixed service bands carry critical services such as public
safety communications (including police and fire vehicle dispatch),
coordinating the movement of railroad trains, controlling natural gas
and oil pipelines, regulating the electric grid, and backhaul for
wireless traffic. Conditional authority allows an applicant to provide
those types of services expeditiously before the Commission acts on its
application. Because the 23 GHz Band is shared between federal and non-
federal use, conditional authority in that band is limited to
frequencies for which the Commission has an agreement with NTIA to
permit conditional authorization. NTIA has not stated any objection to
allowing conditional licensing on the additional two channel pairs. We
therefore propose to add the 22.025/23.225 GHz and 22.075/23.275 GHz
channel pairs to the list of frequencies on which we allow conditional
authority. Such action would allow all licensees to provide service
more rapidly (subject to the normal limitations on conditional
authority noted above) while protecting existing licensees. We seek
comment on allowing conditional authority on a permanent basis.
B. Legal Basis
30. 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),
[[Page 36138]]
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
31. 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.
32. 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.
Wireless Telecommunications Carriers (except satellite).
33. 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 IRFA,
we will use the SBA's definition applicable to Wireless
Telecommunications Carriers (except satellite)--i.e., an entity with no
more than 1,500 persons. The Commission's most recent data were
acquired when ``Cellular and Other Wireless Telecommunications
Companies'' was the applicable industry category. 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.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
34. This NPRM proposes no new reporting or recordkeeping
requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
35. 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.
36. As noted above, this NPRM proposes rules to provide applicants
with improved access to spectrum that is presently restricted with
respect to bandwidth or that requires completion of frequency
coordination with NTIA before the applicant can begin operations on a
conditional basis. As noted above, virtually all microwave licensees
under part 101 of the Commission's rules are considered small
businesses. Under our rules, the opportunities to apply for 30
megahertz channels in the Upper 6 GHz Band and to take advantage of
conditional authority 22.025/23.225 GHz and 22.075/23.275 GHz channel
pairs would be equally available to all applicants, including small
businesses. Thus, this proposed action would provide additional options
to all licensees, including small entity licensees. In this NPRM, we
seek comment on these proposed actions. Such action could serve the
public interest by facilitating the efficient use of the 6 GHz and 23
GHz bands. The proposed rules could therefore open up economic
opportunities to a variety of spectrum users, including small
businesses.
37. The alternative approach would be to maintain the existing
rules. If the rules were not changed to provide for 30 megahertz
channels in the Upper 6 GHz Band, applicants who wished to obtain such
channels would have to take additional time and money to prepare a
request for waiver of the Commission's rules. Such additional time and
expense may be particularly disadvantageous to small businesses.
Furthermore, because a waiver request would be required, applicants
cannot commence operation until the Commission grants their waiver
request and application. The resulting delay can make it more difficult
for applicants to meet their communications needs or the needs of their
customers. With respect to the 23 GHz Band, the alternative approach
would be to deny conditional authority on the two additional channel
pairs and require applicants to wait until the Commission grants their
application before they can commence service. Again, the resulting
delay can make it more difficult for applicants to meet their
communications needs or the needs of their customers.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Ordering Clauses
38. 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 NPRM is hereby
ADOPTED.
39. Notice is given of the proposed regulatory changes described in
this NPRM, and that comment is sought on these proposals.
40. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, 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.
[[Page 36139]]
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 to read as
follows:
PART 101--FIXED MICROWAVE SERVICES
1. The authority citation for part 101 continues to read as
follows:
Authority: 47 U.S.C. 154, 303.
2. Amend Sec. 101.31 by revising paragraph (b)(1)(vii) to read as
follows:
Sec. 101.31 Temporary and conditional authorizations.
* * * * *
(b) * * *
(1) * * *
(vii) With respect to the 21.8-22.0 GHz and 23.0-23.2 GHz band, the
filed application(s) does not propose to operate on a frequency pair
centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/
23.125 GHz, 21.975/23.175 GHz, 22.025/23.225 GHz or 22.075/23.275 GHz
and does not propose to operate with an E.I.R.P. greater than 55 dBm.
The center frequencies are shifted from the center frequencies listed
above for certain bandwidths as follows: Add 0.005 GHz for 20 MHz
bandwidth channels, add 0.010 GHz for 30 megahertz bandwidth channels,
and subtract 0.005 GHz for 40 MHz bandwidth channels. See specific
channel listings in Sec. 101.147(s).
* * * * *
3. Amend Sec. 101.109(c) table by revising the entry for the 6,525
to 6,875 Frequency band (MHz) to read as follows:
Sec. 101.109 Bandwidth.
* * * * *
(c) * * *
------------------------------------------------------------------------
Frequency band (MHz) Maximun authorized bandwidth
------------------------------------------------------------------------
* * * * *
6,525 to 6,875........................... 30 MHz \1\
* * * * *
------------------------------------------------------------------------
4. Amend Sec. 101.147 by revising entry 6,525-6,875 MHz (14) to
entry 6,525-6,875 MHz (14)(33) in paragraph (a), by adding note (33) to
paragraph (a) and by adding a new paragraph (l)(8) to read as follows:
Sec. 101.147 Frequency assignments.
(a) * * *
* * * * *
6,525-6,875 MHz (14)(33)
* * * * *
(33) The coordination of a new 30 MHz link in the 6,525-6,825 MHz
band should be attempted only if it cannot be accommodated in the
5,925-6,425 MHz band.
* * * * *
(l) * * *
(8) 30 MHz bandwidth channels:
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
6555....................................................... 6725
6595....................................................... 6755
6525....................................................... 6785
6655....................................................... 6815
6685....................................................... 6845
------------------------------------------------------------------------
* * * * *
[FR Doc. E9-17412 Filed 7-21-09; 8:45 am]
BILLING CODE 6712-01-P