Amendment of the Commission's Rules To Accommodate 30 Megahertz Channels in the 6525-6875 MHz Band; and To Provide for Conditional Authorization on Additional Channels in the 21.8-22.0 GHz and 23.0-23.2 GHz Band, 41767-41771 [2010-17205]
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Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Rules and Regulations
Federal Communications
Commission, 445 12th Street, SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Deborah A. Dupont, Media Bureau,
(202)418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 10–63,
adopted June 25, 2010, and released
June 28, 2010. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Information
Center, Portals II, 445 12th Street, SW,
Room CY–A257, Washington, DC 20554.
The complete text of this decision also
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW, Room CY–B402,
Washington, DC, 20554, (800) 378–3160,
or via the company’s website,
www.bcpiweb.com <https://
www.bcpiweb.com/>. This document
does not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506 (c)(4). 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 U.S.C. 801(a)(1)(A).
ADDRESSES:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
■
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for Part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under California, is
amended by adding Channel 284A to
Amboy.
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■
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 2010–17479 Filed 7–16–10; 8:45 am]
BILLING CODE 6712–01–S
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47 CFR Part 101
[WT Docket No. 09–114; RM–11417; FCC
10–109]
Amendment of the Commission’s
Rules To Accommodate 30 Megahertz
Channels in the 6525–6875 MHz Band;
and To Provide for Conditional
Authorization on Additional Channels
in the 21.8–22.0 GHz and 23.0–23.2
GHz Band
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
In this document, the
Commission revises its rules governing
terrestrial fixed wireless services in the
Upper 6 GHz Band and the 23 GHz
Band by providing wider bandwidths
and conditional authorization. Allowing
wider bandwidth channels in the Upper
6 GHz Band makes an additional source
of spectrum for high-capacity
microwave links more readily available.
Expanding conditional authority in the
23 GHz Band will enable licensees to
activate microwave links more quickly,
including links involved in critical
commercial, backhaul, and public safety
applications.
DATES: Effective August 18, 2010.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Charles Oliver or Stephen Buenzow,
Wireless Telecommunications Bureau,
Broadband Division, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554, at
(202) 418–2487 (voice), (202) 418–7233
(TTY), or via the Internet to
Charles.Oliver@fcc.gov or
Stephen.Buenzow@fcc.gov.
SUMMARY:
This is a
summary of the Commission’s Report
and Order (R&O), FCC 10–109, adopted
on June 7, 2010, and released on June
11, 2010. The full text of this document
is available for public inspection and
copying during normal business hours
in the FCC Reference Information
Center, Room CY–A257, 445 12th Street,
SW., Washington, DC 20554. The
complete text may be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
(202) 488–5300 or 1–800–378–3160,
contact BCPI at its Web site: https://
www.bcpiweb.com. When ordering
documents from BCPI, please provide
SUPPLEMENTARY INFORMATION:
■
§ 73.202
FEDERAL COMMUNICATIONS
COMMISSION
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41767
the appropriate FCC document number,
for example, FCC 10–109. The complete
text of this document is also available
on the Commission’s Web site at
https://wireless.fcc.gov/edocs_public/
attachment/FCC 10–109A1.doc. This
full text may also be downloaded at:
https://wireless.fcc.gov/releases.html.
Alternative formats (computer diskette,
large print, audio cassette, and Braille)
are available by contacting Brian Millin
at (202) 418–7426, TTY (202) 418–7365,
or via e-mail to bmillin@fcc.gov.
Summary:
I. Wider Bandwidths in the Upper Six
Gigahertz Band
Background
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 the technical rules
related to the licensing for each subband are different. For FS applicants,
the most important distinction is the
maximum authorized bandwidth: 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.
2. The Lower 6 GHz Band is
increasingly congested, partly because
FS users can obtain wider bandwidths
on those frequencies but also because
other services are allowed to use the
band. As of April 7, 2010, there were
15,936 active FS licenses in the Lower
6 GHz Band. Furthermore, as of March
31, 2010, the Lower 6 GHz Band had
1,641 licensed satellite earth stations.
Through the frequency coordination
process, and consistent with existing
rules, each earth station is routinely
cleared to use the entire 5925–6425
MHz band for the entire
geosynchronous arc, even if the earth
station actually communicates with
only one transponder on one satellite on
a limited set of channels. Thus, a
satellite earth station has an extensive
preclusive effect on the ability of
subsequent applicants to coordinate
stations in adjacent areas. By
comparison, the typical terrestrial FS
station is coordinated for a narrow
beamwidth on a single channel or a
limited set of channels.
3. The congestion in the Lower 6 GHz
Band has led a number of FS applicants
to file waiver requests seeking licenses
to operate in the Upper 6 GHz Band on
bandwidths that are greater than the 10
megahertz that is authorized by rule. As
of April 7, 2010, the Commission had
issued waivers authorizing 957 FS
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Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Rules and Regulations
frequency paths with bandwidths
greater than 10 megahertz in the Upper
6 GHz Band, of which 625 were
authorized with 30 megahertz
bandwidths. While the waiver process
has provided an alternative for
applicants seeking wider bandwidths in
the Upper 6 GHz, some FS operators
have argued that it has the
disadvantages of delay and additional
preparation costs.
4. Pursuant to § 101.103 of the
Commission’s rules, applicants for FS
licenses are required to coordinate their
proposed stations with incumbent
licensees and contemporaneous
applicants to ensure that they will not
interfere with each other. Once that
process is completed, the Commission’s
rules provide many applicants with
conditional authority to begin service
immediately, without waiting for final
approval from the Commission, with the
stipulation that they must take their
stations down if the Commission later
rejects their applications. Conditional
authority is not available, however, to
applicants that must request waivers of
existing rules.
5. On February 4, 2008, Fixed
Wireless Communications Coalition
(FWCC) filed a petition proposing that
the Commission change its rules to
allow channels with 30 megahertz
bandwidths in the Upper 6 GHz Band,
a change that would extend the
opportunity for fast-track, conditional
authorizations to the Upper 6 GHz. On
June 29, 2009, the Commission released
a Notice of Proposed Rulemaking
(NPRM), 74 FR 36134 (July 22, 2009), in
which we proposed and sought
comment on modifying the
Commission’s part 101 rules to provide
fixed terrestrial wireless licensees with
authority to use channels with wider
bandwidths of as much as 30 megahertz
in the Upper 6 GHz Band. We found
that such action could serve the public
interest by making more readily
available an additional source of
spectrum for high-capacity microwave
links.
6. We conclude that the public
interest would be served by authorizing
30 megahertz bandwidth channels in
the Upper 6 GHz Band. Comments filed
in response to the NPRM unanimously
support authorizing 30 megahertz
channels in the Upper 6 GHz band. We
find such action could serve the public
interest by making an additional source
of spectrum for high-capacity
microwave links more readily available.
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
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requests seeking licenses for 30
megahertz channels (625 authorized
paths as of April 7, 2010) is evidence of
a notable demand for 30 megahertz
channels in this band. We believe that
allowing such channels without
requiring applicants to seek a waiver
would expedite the provision of service
by allowing them to take advantage of
conditional authority. Furthermore, all
of the commenters agree that our
existing rules and policies are sufficient
to prevent congestion and speculative
licensing.
7. As an added safeguard against
congestion, we also adopt the NPRM’s
proposal that applicants for 30
megahertz channels on new facilities in
the Upper 6 GHz Band be required to
demonstrate that 30 megahertz channels
in the Lower 6 GHz Band are
unavailable. This condition is supported
by FWCC, National Spectrum
Management Association (NSMA), and
AT&T, Inc. (AT&T). We decline,
however, to require a showing that
available channels in the 11 GHz band
could not support the path lengths
required by the applicant. As FWCC and
NSMA point out, this requirement could
be a burden for applicants that are
already licensed to operate on the same
paths in the 6 GHz band.
8. We decline to adopt the Tier One
Converged Networks, Inc. and Cielo
Networks, Inc. proposal that we also
begin issuing licenses for bandwidths of
40 megahertz or more in the Upper 6
GHz Band. While, as noted above, we
have received many waiver requests for
30 megahertz channels, we have not
received any requests for waivers
authorizing such bandwidths in the
Upper 6 GHz Band. Furthermore, no
commenter proposed a band plan that
would accommodate 40 megahertz or
wider channels. Finally, for shorter
paths, we note that 40 and 50 megahertz
channels are available in the 18 and 23
GHz bands. We may revisit this
conclusion in the future if a more
concrete showing of need for wider
channels in the 6 GHz Band is made.
9. To implement these new rules, we
also adopt the specific channel plan
proposed in the NPRM, with the
corrections noted by AT&T and FWCC,
i.e., 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. AT&T and
NSMA support this proposal, and no
oher commenters propose any
alternative channelization scheme.
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II. Conditional Authority for Operation
in the 23 Gigahertz Band
10. 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.
11. 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, on 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. In the NPRM, we sought
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. We stated
that we had coordinated our proposal
with NTIA and that our decision to seek
comment on it was predicated on
NTIA’s lack of opposition. We noted
further that 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.
12. We adopt our proposal to allow
conditional authority on 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.
All of the commenting parties agree that
increasing the availability of conditional
licensing under those terms will provide
significant benefits, by enabling
applicants to activate short links more
quickly. The only parties that are in any
position to be injured by this decision
are the federal agencies that are
represented by NTIA. NTIA has
consulted with them through its
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Interdepartment Radio Advisory
Committee and has concluded that they
will suffer no adverse impact if we
allow conditional authority on two
additional channel pairs in the 23 GHz
band, provided that such applicants
limit their EIRP to 55 dBm, as FWCC
proposes. For those reasons, we adopt
the proposed rule.
III. Procedural Matters
A. Paperwork Reduction Analysis
13. This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
B. Final Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated in the Notice of
Proposed Rulemaking (NPRM) in WT
Docket 09–114. The Commission sought
written public comment on the
proposals in the NPRM, including
comment on the IRFA. We received no
comments specifically directed toward
the IRFA. This Final Regulatory
Flexibility Analysis (FRFA) conforms to
the RFA. In addition, the Report and
Order and FRFA (or summaries thereof)
will be published in the Federal
Register.
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A. Need for, and Objectives of, the
Proposed Rules
In this Report and Order, we adopt
two categories of changes to our part
101 rules involving fixed microwave
stations. First, we amend our part 101
rules to permit coordination and
licensing of 30 megahertz channels in
the 6525–6875 MHz band (Upper 6 GHz
Band) if the link cannot be
accommodated in the 5925–6425 MHz
band (Lower 6 GHz Band). Second, we
allow conditional licensing on two
additional channel pairs for non-federal
use in the 23 GHz band, for applicants
proposing to limit their effective
isotropically radiated power (E.I.R.P.) to
55 dBm.
With respect to the first change, the
Lower 6 GHz Band is increasingly
congested, partly because FS users can
obtain wider bandwidths but also
because other services are allowed to
use the band. As of April 7, 2010, there
were 15,936 active FS licenses in the
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Lower 6 GHz Band. Furthermore, as of
March 31, 2010, the Lower 6 GHz Band
had 1,641 licensed satellite earth
stations. Through the frequency
coordination process, and consistent
with existing rules, each earth station is
routinely cleared to use the entire 5925–
6425 MHz band for the entire
geosynchronous arc, even if the earth
station actually communicates with
only one transponder on one satellite on
a limited set of channels. Thus, a
satellite earth station has an extensive
preclusive effect on the ability of
subsequent applicants to coordinate
stations in adjacent areas. By
comparison, the typical terrestrial FS
station is coordinated for a narrow
beamwidth on a single channel or a
limited set of channel.
The congestion in the Lower 6 GHz
Band has led a number of FS applicants
to file waiver requests seeking licenses
to operate in the Upper 6 GHz Band on
bandwidths that are greater than the 10
megahertz that is authorized by rule. As
of April 7, 2010, the Commission had
issued waivers authorizing 957 FS
frequency paths with bandwidths
greater than 10 megahertz in the Upper
6 GHz Band, of which 625 were
authorized with 30 megahertz
bandwidths. These waivers were
granted to applicants who demonstrated
that there were no channels available in
the Lower 6 GHz Band with comparable
bandwidth, that other, higher frequency
bands were not suitable for the
proposed paths, 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 FS operators
have argued that the waiver process has
the disadvantages of delay and
additional preparation costs.
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-capacity
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 seeking licenses for channels
greater than 10 megahertz in the Upper
6 GHz Band is evidence of a notable
demand for wider channels in that
band. On the other hand, the American
Petroleum Institute (API) had previously
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
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41769
the 2 GHz Band that has been
reallocated for advanced technologies.
We conclude that the rules we have
adopted can provide the benefits of
wider channels while avoiding the
potential problems noted by API.
Specifically, we conclude that our
existing minimum payload capacity and
construction rules, as well as a
requirement that 30 megahertz channels
be requested in the Upper 6 GHz Band
only if such channels are unavailable in
the Lower 6 GHz Band, will prevent
congestion and speculative licensing.
With respect to the adopted rules
concerning the 23 GHz Band, the
Commission’s rules provide that, if
certain conditions are met, 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.’’
Wireless telecommunications in the
fixed service bands support a variety of
critical services such as public safety
(including police and fire vehicle
dispatch), coordination of railroad train
movements, control of natural gas and
oil pipelines, electric grid regulation,
and backhaul for wireless traffic.
Conditional authority allows an
applicant to provide those types of
services more expeditiously, without
having to wait for the Commission to act
on its application. Because the 23 GHz
Band is shared by federal and nonfederal users, 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 amend
our rules 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
will allow all licensees to provide
service more rapidly (subject to the
normal limitations on conditional
authority noted above) while protecting
existing licensees.
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Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Rules and Regulations
B. Legal Basis
The proposed action is authorized
pursuant to sections 1, 2, 4(i), 7, 10, 201,
214, 301, 302, 303, 307, 308, 309, 310,
319, 324, 332 and 333 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
157, 160, 201, 214, 301, 302, 303, 307,
308, 309, 310, 319, 324, 332, and 333.
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C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
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 (SBA). 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.
Our proposed action, if implemented,
may, over time, affect small entities that
are not easily categorized at present. We
therefore describe here, at the outset,
three comprehensive, statutory small
entity size standards. First, nationwide,
there are a total of approximately 27.2
million small businesses, according to
the SBA. In addition, a ‘‘small
organization’’ is generally ‘‘any not-forprofit 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. Finally, 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). Microwave
services include common carrier,
private-operational fixed, and broadcast
auxiliary radio services. At present,
there are approximately 31,428 common
carrier fixed licensees and 79,732
private operational-fixed licensees and
broadcast auxiliary radio licensees in
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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 definition that applies
to Wireless Telecommunications
Carriers (except satellite)—i.e., an entity
with no more than 1,500 persons. Since
2007, the Census Bureau has placed
wireless firms within this new, broad,
economic census category. Prior to that
time, such firms were within the nowsuperseded categories of ‘‘Paging’’ and
‘‘Cellular and Other Wireless
Telecommunications.’’ Under the
present and prior category definitions,
the SBA has deemed a wireless business
to be small if it has 1,500 or fewer
employees. For the category of Wireless
Telecommunications Carriers (except
Satellite), preliminary data for 2007
show that there were 11,927 firms
operating that year. While the Census
Bureau has not released data on such
establishments broken down by number
of employees, we note that the Census
Bureau lists total employment for all
firms in that sector at 281,262. Since all
firms with fewer than 1,500 employees
are considered small, given the total
employment in the sector, we estimate
that the vast majority of wireless firms
are small. We estimate that virtually 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
This Report and Order imposes no
new reporting or recordkeeping
requirements.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance rather than design
standards; and (4) an exemption from
coverage of the rule, or any part thereof
for small entities.
As noted above, this Report and Order
adopts rules to provide applicants with
improved access to spectrum that is
presently restricted with respect to
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bandwidth or that requires completion
of frequency coordination with NTIA
before the applicant can begin
operations on a conditional basis. As
noted above, the vast majority of
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 for the 22.025/23.225 GHz and
22.075/23.275 GHz channel pairs will
be equally available to all applicants,
including small businesses. Thus, this
action will provide additional options to
all licensees, including small entity
licensees. Such action will serve the
public interest by facilitating the
efficient use of the 6 GHz and 23 GHz
bands. The rules could therefore open
up economic opportunities to a variety
of spectrum users, including small
businesses.
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.
IV. Ordering Clauses
14. Accordingly, it is ordered,
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 Report and Order is
hereby adopted.
E:\FR\FM\19JYR1.SGM
19JYR1
41771
Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Rules and Regulations
15. It is further ordered that part 101
of the Commission’s rules is amended as
set forth in the final rules, and that these
rules shall be effective 30 days after
publication in the Federal Register.
16. It is further ordered that 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
U.S. Small Business Administration.
MHz bandwidth channels. See specific
channel listings in § 101.147(s).
*
*
*
*
*
■ 3. In § 101.109(c), in the table revise
the entry ‘‘6,525 to 6,875’’ to read as
follows:
§ 101.109
*
*
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 101 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. In § 101.31, revise paragraph
(b)(1)(vii) to read as follows:
■
§ 101.31 Temporary and conditional
authorizations.
*
*
*
*
(b) * * *
(1) * * *
(vii) With respect to the 21.8–22.1
GHz and 23.0–23.3 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
mstockstill on DSKH9S0YB1PROD with RULES
*
VerDate Mar<15>2010
15:50 Jul 16, 2010
Jkt 220001
*
*
*
*
*
*
*
*
*
*
§ 101.147
Frequency Assignments.
*
*
*
*
*
(a) * * *
6,525–6.875 MHz (14) (33)
*
*
*
*
*
Notes
*
*
*
*
*
(33) The coordination of a new 30
megahertz link in the 6,525–6,875 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:
Transmit (receive) (MHz)
6555
6595
6625
6655
6685
*
PO 00000
......................................
......................................
......................................
......................................
......................................
*
*
(s) * * *
Frm 00081
*
Fmt 4700
Receive
(transmit)
(MHz)
(7) 50 MHz bandwidth channels:
*
*
*
..................................
22075 2 ..................................
*
*
23225 2
2 23275
*
*
2 22025
*
*
*
2 These
frequencies may be assigned to low
power systems, as defined in paragraph (8) of
this section.
*
*
*
*
*
[FR Doc. 2010–17205 Filed 7–14–10; 4:15 pm]
BILLING CODE 6712–01–P
Receive
(transmit)
(MHz)
6725
6755
6785
6815
6845
*
Sfmt 9990
*
*
*
*
*
*
*
■ 4. Amend § 101.147 as follows:
■ a. Revise the entry ‘‘6,525–6,875 MHz
(14)’’ to the list in paragraph (a);
■ b. Add note (33) to paragraph (a);
■ c. Add paragraph (l)(8); and
■ d. Revise the entries ‘‘22025’’ and
‘‘220075’’ to the table in paragraphs
(s)(3) and (s)(7).
*
2 23275
Transmit (receive) (MHz)
*
*
2 23225
*
*
*
*
*
6,525 to 6,875 ......................... 30 MHz.1
*
■
*
Maximum
authorized
bandwidth
Frequency band (MHz)
*
Final Rules
*
*
*
*
22075 2 ..................................
*
List of Subjects in 47 CFR Part 101
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
(3) 10 MHz bandwidth channels:
*
*
*
22025 2 ..................................
Bandwidth.
*
*
(c) * * *
Receive
(transmit)
(MHz)
Transmit (receive) (MHz)
E:\FR\FM\19JYR1.SGM
19JYR1
]]>Agencies
[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Rules and Regulations]
[Pages 41767-41771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17205]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 101
[WT Docket No. 09-114; RM-11417; FCC 10-109]
Amendment of the Commission's Rules To Accommodate 30 Megahertz
Channels in the 6525-6875 MHz Band; and To Provide for Conditional
Authorization on Additional Channels in the 21.8-22.0 GHz and 23.0-23.2
GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission revises its rules governing
terrestrial fixed wireless services in the Upper 6 GHz Band and the 23
GHz Band by providing wider bandwidths and conditional authorization.
Allowing wider bandwidth channels in the Upper 6 GHz Band makes an
additional source of spectrum for high-capacity microwave links more
readily available. Expanding conditional authority in the 23 GHz Band
will enable licensees to activate microwave links more quickly,
including links involved in critical commercial, backhaul, and public
safety applications.
DATES: Effective August 18, 2010.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Charles Oliver or Stephen Buenzow,
Wireless Telecommunications Bureau, Broadband Division, Federal
Communications Commission, 445 12th Street, SW., Washington, DC 20554,
at (202) 418-2487 (voice), (202) 418-7233 (TTY), or via the Internet to
Charles.Oliver@fcc.gov or Stephen.Buenzow@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), FCC 10-109, adopted on June 7, 2010, and released on
June 11, 2010. The full text of this document is available for public
inspection and copying during normal business hours in the FCC
Reference Information Center, Room CY-A257, 445 12th Street, SW.,
Washington, DC 20554. The complete text may be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC
20554, (202) 488-5300 or 1-800-378-3160, 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 10-109.
The complete text of this document is also available on the
Commission's Web site at https://wireless.fcc.gov/edocs_public/attachment/FCC 10-109A1.doc. This full text may also be downloaded at:
https://wireless.fcc.gov/releases.html. Alternative formats (computer
diskette, large print, audio cassette, and Braille) are available by
contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365, or via
e-mail to bmillin@fcc.gov.
Summary:
I. Wider Bandwidths in the Upper Six Gigahertz Band
Background
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 the technical rules related to the licensing for
each sub-band are different. For FS applicants, the most important
distinction is the maximum authorized bandwidth: 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.
2. The Lower 6 GHz Band is increasingly congested, partly because
FS users can obtain wider bandwidths on those frequencies but also
because other services are allowed to use the band. As of April 7,
2010, there were 15,936 active FS licenses in the Lower 6 GHz Band.
Furthermore, as of March 31, 2010, the Lower 6 GHz Band had 1,641
licensed satellite earth stations. Through the frequency coordination
process, and consistent with existing rules, each earth station is
routinely cleared to use the entire 5925-6425 MHz band for the entire
geosynchronous arc, even if the earth station actually communicates
with only one transponder on one satellite on a limited set of
channels. Thus, a satellite earth station has an extensive preclusive
effect on the ability of subsequent applicants to coordinate stations
in adjacent areas. By comparison, the typical terrestrial FS station is
coordinated for a narrow beamwidth on a single channel or a limited set
of channels.
3. The congestion in the Lower 6 GHz Band has led a number of FS
applicants to file waiver requests seeking licenses to operate in the
Upper 6 GHz Band on bandwidths that are greater than the 10 megahertz
that is authorized by rule. As of April 7, 2010, the Commission had
issued waivers authorizing 957 FS
[[Page 41768]]
frequency paths with bandwidths greater than 10 megahertz in the Upper
6 GHz Band, of which 625 were authorized with 30 megahertz bandwidths.
While the waiver process has provided an alternative for applicants
seeking wider bandwidths in the Upper 6 GHz, some FS operators have
argued that it has the disadvantages of delay and additional
preparation costs.
4. Pursuant to Sec. 101.103 of the Commission's rules, applicants
for FS licenses are required to coordinate their proposed stations with
incumbent licensees and contemporaneous applicants to ensure that they
will not interfere with each other. Once that process is completed, the
Commission's rules provide many applicants with conditional authority
to begin service immediately, without waiting for final approval from
the Commission, with the stipulation that they must take their stations
down if the Commission later rejects their applications. Conditional
authority is not available, however, to applicants that must request
waivers of existing rules.
5. On February 4, 2008, Fixed Wireless Communications Coalition
(FWCC) filed a petition proposing that the Commission change its rules
to allow channels with 30 megahertz bandwidths in the Upper 6 GHz Band,
a change that would extend the opportunity for fast-track, conditional
authorizations to the Upper 6 GHz. On June 29, 2009, the Commission
released a Notice of Proposed Rulemaking (NPRM), 74 FR 36134 (July 22,
2009), in which we proposed and sought comment on modifying the
Commission's part 101 rules to provide fixed terrestrial wireless
licensees with authority to use channels with wider bandwidths of as
much as 30 megahertz in the Upper 6 GHz Band. We found that such action
could serve the public interest by making more readily available an
additional source of spectrum for high-capacity microwave links.
6. We conclude that the public interest would be served by
authorizing 30 megahertz bandwidth channels in the Upper 6 GHz Band.
Comments filed in response to the NPRM unanimously support authorizing
30 megahertz channels in the Upper 6 GHz band. We find such action
could serve the public interest by making an additional source of
spectrum for high-capacity microwave links more readily available. 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 seeking
licenses for 30 megahertz channels (625 authorized paths as of April 7,
2010) is evidence of a notable demand for 30 megahertz channels in this
band. We believe that allowing such channels without requiring
applicants to seek a waiver would expedite the provision of service by
allowing them to take advantage of conditional authority. Furthermore,
all of the commenters agree that our existing rules and policies are
sufficient to prevent congestion and speculative licensing.
7. As an added safeguard against congestion, we also adopt the
NPRM's proposal that applicants for 30 megahertz channels on new
facilities in the Upper 6 GHz Band be required to demonstrate that 30
megahertz channels in the Lower 6 GHz Band are unavailable. This
condition is supported by FWCC, National Spectrum Management
Association (NSMA), and AT&T, Inc. (AT&T). We decline, however, to
require a showing that available channels in the 11 GHz band could not
support the path lengths required by the applicant. As FWCC and NSMA
point out, this requirement could be a burden for applicants that are
already licensed to operate on the same paths in the 6 GHz band.
8. We decline to adopt the Tier One Converged Networks, Inc. and
Cielo Networks, Inc. proposal that we also begin issuing licenses for
bandwidths of 40 megahertz or more in the Upper 6 GHz Band. While, as
noted above, we have received many waiver requests for 30 megahertz
channels, we have not received any requests for waivers authorizing
such bandwidths in the Upper 6 GHz Band. Furthermore, no commenter
proposed a band plan that would accommodate 40 megahertz or wider
channels. Finally, for shorter paths, we note that 40 and 50 megahertz
channels are available in the 18 and 23 GHz bands. We may revisit this
conclusion in the future if a more concrete showing of need for wider
channels in the 6 GHz Band is made.
9. To implement these new rules, we also adopt the specific channel
plan proposed in the NPRM, with the corrections noted by AT&T and FWCC,
i.e., 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. AT&T
and NSMA support this proposal, and no oher commenters propose any
alternative channelization scheme.
II. Conditional Authority for Operation in the 23 Gigahertz Band
10. 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.
11. 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, on 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. In the
NPRM, we sought 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. We stated that we
had coordinated our proposal with NTIA and that our decision to seek
comment on it was predicated on NTIA's lack of opposition. We noted
further that 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.
12. We adopt our proposal to allow conditional authority on 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. All of the commenting parties agree that
increasing the availability of conditional licensing under those terms
will provide significant benefits, by enabling applicants to activate
short links more quickly. The only parties that are in any position to
be injured by this decision are the federal agencies that are
represented by NTIA. NTIA has consulted with them through its
[[Page 41769]]
Interdepartment Radio Advisory Committee and has concluded that they
will suffer no adverse impact if we allow conditional authority on two
additional channel pairs in the 23 GHz band, provided that such
applicants limit their EIRP to 55 dBm, as FWCC proposes. For those
reasons, we adopt the proposed rule.
III. Procedural Matters
A. Paperwork Reduction Analysis
13. This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
information collection burden ``for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
B. Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice
of Proposed Rulemaking (NPRM) in WT Docket 09-114. The Commission
sought written public comment on the proposals in the NPRM, including
comment on the IRFA. We received no comments specifically directed
toward the IRFA. This Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA. In addition, the Report and Order and FRFA (or
summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
In this Report and Order, we adopt two categories of changes to our
part 101 rules involving fixed microwave stations. First, we amend our
part 101 rules to permit coordination and licensing of 30 megahertz
channels in the 6525-6875 MHz band (Upper 6 GHz Band) if the link
cannot be accommodated in the 5925-6425 MHz band (Lower 6 GHz Band).
Second, we allow conditional licensing on two additional channel pairs
for non-federal use in the 23 GHz band, for applicants proposing to
limit their effective isotropically radiated power (E.I.R.P.) to 55
dBm.
With respect to the first change, the Lower 6 GHz Band is
increasingly congested, partly because FS users can obtain wider
bandwidths but also because other services are allowed to use the band.
As of April 7, 2010, there were 15,936 active FS licenses in the Lower
6 GHz Band. Furthermore, as of March 31, 2010, the Lower 6 GHz Band had
1,641 licensed satellite earth stations. Through the frequency
coordination process, and consistent with existing rules, each earth
station is routinely cleared to use the entire 5925-6425 MHz band for
the entire geosynchronous arc, even if the earth station actually
communicates with only one transponder on one satellite on a limited
set of channels. Thus, a satellite earth station has an extensive
preclusive effect on the ability of subsequent applicants to coordinate
stations in adjacent areas. By comparison, the typical terrestrial FS
station is coordinated for a narrow beamwidth on a single channel or a
limited set of channel.
The congestion in the Lower 6 GHz Band has led a number of FS
applicants to file waiver requests seeking licenses to operate in the
Upper 6 GHz Band on bandwidths that are greater than the 10 megahertz
that is authorized by rule. As of April 7, 2010, the Commission had
issued waivers authorizing 957 FS frequency paths with bandwidths
greater than 10 megahertz in the Upper 6 GHz Band, of which 625 were
authorized with 30 megahertz bandwidths. These waivers were granted to
applicants who demonstrated that there were no channels available in
the Lower 6 GHz Band with comparable bandwidth, that other, higher
frequency bands were not suitable for the proposed paths, 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 FS operators have argued that the waiver process has the
disadvantages of delay and additional preparation costs.
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-capacity 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 seeking licenses for channels
greater than 10 megahertz in the Upper 6 GHz Band is evidence of a
notable demand for wider channels in that band. On the other hand, the
American Petroleum Institute (API) had previously 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. We conclude that the rules we
have adopted can provide the benefits of wider channels while avoiding
the potential problems noted by API. Specifically, we conclude that our
existing minimum payload capacity and construction rules, as well as a
requirement that 30 megahertz channels be requested in the Upper 6 GHz
Band only if such channels are unavailable in the Lower 6 GHz Band,
will prevent congestion and speculative licensing.
With respect to the adopted rules concerning the 23 GHz Band, the
Commission's rules provide that, if certain conditions are met,
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.''
Wireless telecommunications in the fixed service bands support a
variety of critical services such as public safety (including police
and fire vehicle dispatch), coordination of railroad train movements,
control of natural gas and oil pipelines, electric grid regulation, and
backhaul for wireless traffic. Conditional authority allows an
applicant to provide those types of services more expeditiously,
without having to wait for the Commission to act on its application.
Because the 23 GHz Band is shared by federal and non-federal users,
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
amend our rules 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 will allow all licensees to provide service more
rapidly (subject to the normal limitations on conditional authority
noted above) while protecting existing licensees.
[[Page 41770]]
B. Legal Basis
The proposed action is authorized pursuant to sections 1, 2, 4(i),
7, 10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332 and
333 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152,
154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319,
324, 332, and 333.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
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 (SBA). 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.
Our proposed action, if implemented, may, over time, affect small
entities that are not easily categorized at present. We therefore
describe here, at the outset, three comprehensive, statutory small
entity size standards. First, nationwide, there are a total of
approximately 27.2 million small businesses, according to the SBA. In
addition, 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. Finally, 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). Microwave
services include common carrier, private-operational fixed, and
broadcast auxiliary radio services. At present, there are approximately
31,428 common carrier fixed licensees and 79,732 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 definition that applies to Wireless Telecommunications
Carriers (except satellite)--i.e., an entity with no more than 1,500
persons. Since 2007, the Census Bureau has placed wireless firms within
this new, broad, economic census category. Prior to that time, such
firms were within the now-superseded categories of ``Paging'' and
``Cellular and Other Wireless Telecommunications.'' Under the present
and prior category definitions, the SBA has deemed a wireless business
to be small if it has 1,500 or fewer employees. For the category of
Wireless Telecommunications Carriers (except Satellite), preliminary
data for 2007 show that there were 11,927 firms operating that year.
While the Census Bureau has not released data on such establishments
broken down by number of employees, we note that the Census Bureau
lists total employment for all firms in that sector at 281,262. Since
all firms with fewer than 1,500 employees are considered small, given
the total employment in the sector, we estimate that the vast majority
of wireless firms are small. We estimate that virtually 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
This Report and Order imposes no new reporting or recordkeeping
requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant alternatives
that it has considered in reaching its proposed approach, which may
include the following four alternatives (among others): (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance rather than design standards; and (4) an
exemption from coverage of the rule, or any part thereof for small
entities.
As noted above, this Report and Order adopts 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, the vast majority of
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 for the 22.025/23.225 GHz and
22.075/23.275 GHz channel pairs will be equally available to all
applicants, including small businesses. Thus, this action will provide
additional options to all licensees, including small entity licensees.
Such action will serve the public interest by facilitating the
efficient use of the 6 GHz and 23 GHz bands. The rules could therefore
open up economic opportunities to a variety of spectrum users,
including small businesses.
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.
IV. Ordering Clauses
14. Accordingly, it is ordered, 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 Report and Order is hereby adopted.
[[Page 41771]]
15. It is further ordered that part 101 of the Commission's rules
is amended as set forth in the final rules, and that these rules shall
be effective 30 days after publication in the Federal Register.
16. It is further ordered that 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 U.S.
Small Business Administration.
List of Subjects in 47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
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. In Sec. 101.31, revise paragraph (b)(1)(vii) to read as follows:
Sec. 101.31 Temporary and conditional authorizations.
* * * * *
(b) * * *
(1) * * *
(vii) With respect to the 21.8-22.1 GHz and 23.0-23.3 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).
* * * * *
0
3. In Sec. 101.109(c), in the table revise the entry ``6,525 to
6,875'' to read as follows:
Sec. 101.109 Bandwidth.
* * * * *
(c) * * *
------------------------------------------------------------------------
Frequency band (MHz) Maximum authorized bandwidth
------------------------------------------------------------------------
* * * * *
6,525 to 6,875........................... 30 MHz.\1\
* * * * *
------------------------------------------------------------------------
* * * * *
0
4. Amend Sec. 101.147 as follows:
0
a. Revise the entry ``6,525-6,875 MHz (14)'' to the list in paragraph
(a);
0
b. Add note (33) to paragraph (a);
0
c. Add paragraph (l)(8); and
0
d. Revise the entries ``22025'' and ``220075'' to the table in
paragraphs (s)(3) and (s)(7).
Sec. 101.147 Frequency Assignments.
* * * * *
(a) * * *
6,525-6.875 MHz (14) (33)
* * * * *
Notes
* * * * *
(33) The coordination of a new 30 megahertz link in the 6,525-6,875
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
6625.................................................... 6785
6655.................................................... 6815
6685.................................................... 6845
------------------------------------------------------------------------
* * * * *
(s) * * *
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
(3) 10 MHz bandwidth channels:
* * * * *
22025 \2\............................................... \2\ 23225
* * * * *
22075 \2\............................................... \2\ 23275
* * * * *
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Receive
Transmit (receive) (MHz) (transmit)
(MHz)
------------------------------------------------------------------------
(7) 50 MHz bandwidth channels:
* * * * *
\2\ 22025............................................... 23225 \2\
22075 \2\............................................... \2\ 23275
* * * * *
------------------------------------------------------------------------
\2\ These frequencies may be assigned to low power systems, as defined
in paragraph (8) of this section.
* * * * *
[FR Doc. 2010-17205 Filed 7-14-10; 4:15 pm]
BILLING CODE 6712-01-P
