**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | ET Docket No. 98-237         |
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| Amendment of the Commission's    | ) | RM-9411                      |
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**FIRST REPORT AND ORDER AND SECOND NOTICE OF PROPOSED RULE MAKING**

**Adopted:** October 12, 2000 **Released:** October 24, 2000

**Comment Date: \[30 days from publication in the Federal Register\]**

**Reply Comment Date: \[60 days from publication in the Federal
Register\]**

By the Commission:

Table of Contents

Heading Paragraph \#

I. INTRODUCTION 1

II\. BACKGROUND 4

III\. DISCUSSION 10

A. Reallocation of the 3650-3700 MHz Band for Non-Government Operations
10

1\. Allocation 10

a\. Terrestrial Fixed and Mobile Services 10

b\. Sharing with Fixed Satellite Service Operations 18

c\. Statutory Considerations 19

2\. Fixed Satellite Service Transition Issues 22

a\. Existing Fixed Satellite Service Operations 22

b\. New Fixed Satellite Service Operations 27

c\. Telemetry, Tracking, and Command (TT&C) Operations 31

3\. Non-Government Radiolocation Operations 34

B. Federal Government Operations 35

1\. Radiolocation Operations 35

2\. Aeronautical Radionavigation Allocation 39

IV\. SECOND NOTICE OF PROPOSED RULE MAKING 40

A. Application, Licensing, and Processing Rules 41

1\. Regulatory Status; Flexible Use 50

2\. Eligibility; Spectrum Aggregation 57

3\. Foreign Ownership Restrictions 61

4\. Geographic Areas and Spectrum Blocks 64

5\. License Term; Renewal Expectancy 72

6\. Partitioning and Disaggregation of Licenses; Band Managers 75

7\. Performance Requirements 82

8\. Equal Employment Opportunity 89

B. Technical Rules 91

1\. In-Band Interference Control 93

a\. Fixed and Mobile Services in the 3650-3700 MHz band 94

b\. Coordination with Fixed Satellite Service Operations in the
3650-3700 MHz Band 102

c\. Coordination with Federal Government Operations in the 3650-3700 MHz
Band 107

2\. Adjacent Band Interference Control 110

a\. Upper Adjacent Band: 3700-4200 MHz 110

b\. Lower Adjacent Band: 3300-3650 MHz 114

3\. RF Safety 117

C. Competitive Bidding Procedures 120

1\. Incorporation by Reference of the Part 1 Standardized Auction Rules
120

2\. Provisions for Designated Entities 121

D. Additional Satellite Issues 128

1\. International Intercontinental Restriction on Fixed Satellite
Service 128

2\. Telemetry, Tracking & Control (TT&C) Operation 129

3\. Space Station Power Flux Density 133

V. PROCEDURAL MATTERS 134

A. Challenge to Earth Station Application Freeze 134

B. Final Regulatory Flexibility Analysis 135

C. Initial Regulatory Flexibility Analysis 136

D. Paperwork Reduction Analysis 138

E. *Ex Parte* Presentations 140

F. Pleading Dates 141

G. Further Information 144

VI\. ORDERING CLAUSES 145

APPENDIX A: RESPONDENTS

APPENDIX B: FINAL REGULATORY FLEXIBILITY ANALYSIS FOR THE FIRST REPORT
AND ORDER

APPENDIX C: INITIAL REGULATORY FLEXIBILITY ANALYSIS FOR THE SECOND
NOTICE OF PROPOSED RULE MAKING

APPENDIX D: FINAL RULES

APPENDIX E: PROPOSED RULES

APPENDIX F: PRELIMINARY LIST OF GRANDFATHERED FSS EARTH STATIONS

APPENDIX G: MAP OF COORDINATION ZONES AROUND GRANDFATHERED FSS EARTH
STATIONS

# INTRODUCTION

1.  By this action, we allocate the 50 megahertz of spectrum in the
    3650-3700 MHz band to the fixed and mobile (base stations)
    terrestrial services on a primary basis. This allocation will
    facilitate the provision of a broad range of services, including
    traditional voice telephony and new broadband, high-speed, data and
    video services. We also believe that this allocation will help
    foster the introduction of such services to rural areas of the
    United States, thus promoting the objectives of Section 706 of the
    Telecommunications Act of 1996 to facilitate the rapid deployment of
    advanced telecommunications services and technologies to all
    Americans.[^1] This action will also encourage new and more
    effective competition to existing wireline local exchange carriers
    by providing for an economical means to offer competitive "local
    loop" or "last-mile" facilities.

2.  We are "grandfathering" existing fixed satellite service (\"FSS\")
    earth station sites in this band and, for a limited time, will
    accept new applications for FSS earth stations in the vicinity
    (*i.e*. within 10 miles) of these grandfathered sites to operate on
    a co-primary basis in the band. We will also permit additional FSS
    earth station operations on a secondary basis. This will ensure the
    continuity of FSS operations and permit new FSS operations to help
    alleviate congestion in the adjacent 3700-4200 MHz FSS band.
    Finally, to provide for compatibility with both terrestrial fixed
    service and FSS operations in the band, we are limiting the
    terrestrial mobile service use of the band to base station
    operations.

3.  In the Second Notice of Proposed Rule Making (\"*Second Notice*\"),
    we also propose licensing and service rules for the assignment of
    fixed and mobile services licenses in this band by competitive
    bidding. Both new and existing FSS earth stations will be subject to
    Part 25 of the Commission's rules. Parties who wish to use this
    spectrum for FSS will have to comply with the Part 25 application
    and licensing rules. Those who wish to provide fixed and mobile
    services in the 3650-3700 MHz band will be subject to the
    application, licensing and services rules we adopt in this
    proceeding. We propose that 3650-3700 MHz licensees who obtain
    licenses pursuant to the rules we adopt for fixed and mobile
    services and who subsequently choose to offer FSS in this band may
    retain their 3650-3700 MHz licenses if they meet the proposed FSS
    build-out requirement.[^2] These actions and proposals are designed
    to benefit the public by permitting and encouraging the introduction
    of new services, particularly in rural areas.

# BACKGROUND

4.  The 3600-3700 MHz band has been allocated for use by the Federal
    Government on a primary basis for radiolocation services. In 1984, a
    primary allocation in the 3600-3700 MHz band was added for
    non-Government FSS (space-to-Earth), but US245 footnote restricted
    use of this FSS allocation \"to international inter-continental
    systems . . . subject to case-by-case electromagnetic compatibility
    analysis.\"[^3] The allocation was aimed at meeting \"future
    INTELSAT projected requirements.\"[^4] To date, approximately 82 FSS
    earth stations at 49 sites[^5] have been licensed in this
    spectrum.[^6]

5.  Number range level0Number range level1Number range level2Number
    range level3Number range level4Number range level5Number range
    level6Number range level7Pursuant to the Omnibus Budget
    Reconciliation Act of 1993 (\"OBRA-93\"),[^7] the National
    Telecommunications and Information Administration (\"NTIA\")
    identified the 3650-3700 MHz band for transfer, effective January
    1999, from a Government/non-Government shared use status to a
    mixed-use status.[^8] While the band is now predominately available
    for non-Government use, a condition of the transfer allows
    Government radiolocation stations to continue to operate
    indefinitely in the 3650-3700 MHz band at Pascagoula, Mississippi;
    Pensacola, Florida; and Saint Inigoes, Maryland. NTIA states that
    the \"radius of operation\" for these radiolocation stations is 80
    kilometers (49.7 miles).[^9]

6.  Pursuant to the Balanced Budget Act of 1997, NTIA was required to
    identify 15 megahertz to be reallocated from Government to
    non-Government use for assignment by competitive bidding within the
    range 1990-2110 MHz, or to identify alternative spectrum.[^10] NTIA
    subsequently identified the following frequency bands that could be
    assigned by competitive bidding as a substitute for the 15
    megahertz: 944-960 MHz, 1390-1400 MHz, 1427-1432 MHz, 1670-1675 MHz,
    2500-2690 MHz, and 3650-3700 MHz. [^11]

7.  In the *Notice of Proposed Rule Making and Order* ("*Notice and
    Order*") in this proceeding, we proposed to allocate the 3650-3700
    MHz band on a primary basis to the terrestrial fixed service
    (\"FS\") and proposed to grandfather existing FSS earth station
    sites in the band.[^12] In the *Notice and* *Order* we tentatively
    concluded against proposing a mobile service allocation in the
    band.[^13] We sought comment on this tentative conclusion, and
    alternatively, whether we should allocate this band to the land
    mobile service.[^14] Additionally, we sought comment on the need to
    delete the FSS allocation in the 3650-3700 MHz band in order to
    preserve the availability of the band for use by the proposed
    FS.[^15] We also proposed to delete the non-Government radiolocation
    allocation in the band.[^16] Further, we proposed to delete the
    Government radiolocation service allocation, except for three
    grandfathered sites.[^17] We also proposed to delete the unused
    Government aeronautical radionavigation service (ground based)
    allocation.[^18] We also sought comment on whether to assign
    licenses in this band through competitive bidding and what would be
    the optimal size of the licensing blocks and service areas.[^19]
    Moreover, we sought comment on appropriate service rules for fixed
    service operation in the band.[^20]

8.  In the *Notice and Order,* we stated that we would no longer accept
    applications in the 3650-3700 MHz band for: (1) new FSS earth
    stations, (2) major amendments to pending FSS earth station
    applications, or (3) applications for major changes in existing FSS
    earth stations. This action was intended to ensure that adequate
    opportunities would continue to exist for the provision of fixed
    operations in the band.[^21] Subsequently, we adopted a *Memorandum
    Opinion and Order* (\"*MO&O*\") in this proceeding modifying this
    decision to provide limited relief from the FSS earth station
    application freeze for immediate needs.[^22] Specifically, the
    *MO&O* stated that the Commission would accept new and major change
    applications for FSS earth stations and major amendments to pending
    applications if the subject facilities were located within the
    vicinity (*i.e*. 10 miles) of an existing FSS earth station
    operating in the 3650-3700 MHz band.[^23]

9.  A total of 27 parties filed comments and 18 parties filed reply
    comments in this proceeding.[^24] The majority of the comments were
    submitted on behalf of telecommunication providers that serve
    predominately rural areas of the country, terrestrial equipment
    manufacturers, and satellite operators.

# DISCUSSION

## Reallocation of the 3650-3700 MHz Band for Non-Government Operations

### Allocation

#### Terrestrial Fixed and Mobile Services

10. In the *Notice and Order*, we proposed to allocate spectrum in the
    3650-3700 MHz band on a primary basis to the non-Government fixed
    service.[^25] In making this proposal, we envisioned that this
    spectrum would be used for a broad range of services, such as
    traditional voice telephony and a wide variety of new broadband,
    high-speed, digital data and video services that could be used for
    both home and business applications.[^26] We also recognized that
    this spectrum may be well suited for wireless connections to the
    public switched telephone network ("PSTN").[^27] We noted that this
    could provide an economical means to offer competitive "local loop"
    or "last-mile" facilities, which may lead to more effective
    competition to existing wireline local exchange carrier
    services.[^28] This type of service is known as Fixed Wireless
    Access (\"FWA\"). We also noted that commercial deployment of FWA
    has already commenced internationally in the 3400-3700 MHz band in
    several countries.[^29] We tentatively concluded that terrestrial
    mobile operations would not be compatible with the incumbent FSS
    earth stations.[^30] Specifically, we noted that the Commission has
    traditionally licensed satellite downlinks[^31] in bands that are
    not used by mobile services because of the difficulties associated
    with sharing of spectrum by low power satellite receive signals and
    roving mobile units.[^32] We sought comment on this tentative
    conclusion, and alternatively, on whether we should allocate the
    3650-3700 MHz band to the land mobile service.[^33]

11. Several telecommunications service providers, particularly those
    serving rural areas, and fixed service equipment manufacturers
    expressed support for allocating the 3650-3700 MHz band on a primary
    basis to the fixed service. [^34] They agree that a fixed service
    allocation will permit the introduction of new services to the
    public and will provide a means for delivery of advanced
    telecommunications services to rural and traditionally underserved
    areas of the U.S.[^35] In particular, parties representing rural
    entities believe that a fixed service allocation will allow
    telecommunications providers to employ potentially cost-effective
    wireless technology for the deployment of advanced broadband
    communications services, such as wireless Internet access, in rural
    areas of the country.[^36] Some commenters requested that we
    allocate additional spectrum in the 3400-3650 MHz band in
    conjunction with the 3650-3700 MHz band to improve the economic
    viability of the fixed service.[^37] Two commenters note that
    MountainTel and Saddleback Communications Company (\"Saddleback\")
    filed a petition for rule making (\"MountainTel/Saddleback
    petition\") on September 30, 1998, requesting that the Commission
    allocate the 3400-3700 MHz band for use in the provision of FWA by
    telecommunications carriers.[^38] Several parties supported the
    Commission's tentative conclusion not to provide a mobile service
    allocation in the band.[^39] No comments were filed supporting a
    mobile service allocation in the 3650-3700 MHz band.

12. Satellite service providers objected to the Commission's proposed
    fixed service allocation if done in a manner that precludes
    expansion of FSS. For example, ImpSat USA (\"ImpSat\") and Wold
    International, Inc. (\"Wold\") assert that the proposed fixed
    service allocation will prevent continued access to the 3650-3700
    MHz band and would cripple the development of international
    telecommunication services provided by the FSS operations in the
    band.[^40] PanAmSat Corporation (\"PanAmSat\") is concerned that the
    proposed fixed service operations will cause interference to FSS
    operations in the 3650-3700 MHz band.[^41] Further, COMSAT
    Corporation (\"COMSAT\") and MCI WorldCom, Inc. (\"MCI WorldCom\"),
    believe that the public interest would best be served by allowing
    the FSS and new fixed services to share the 3650-3700 MHz band on a
    co-primary basis.[^42] Lockheed Martin Corporation (\"Lockheed\")
    and COMSAT believe that effective sharing criteria can be developed
    by establishing suitable reference system parameters for calculating
    coordination contours and for conducting interference analyses.[^43]

13. Based on the record in this proceeding and the need to balance
    competing demands for this spectrum, we are adopting our proposal to
    allocate the 3650-3700 MHz band for terrestrial fixed service
    operations on a primary basis. As indicated by the commenting
    parties, allocation of this band on a primary basis for fixed
    service will facilitate the operation of a broad range of new
    advanced services. We believe that the 3650-3700 MHz band is
    situated low enough in the radiofrequency spectrum so as to permit
    favorable transmission characteristics which will allow the
    establishment of service links that can cover significant distances.
    In addition, 50 megahertz will provide enough bandwidth to allow for
    high speed digital data and video services. These characteristics
    should prove useful in establishing basic and advanced
    telecommunications services within rural areas of the country. The
    need for advanced services in rural areas has been well documented
    in recent studies. These studies conclude that Americans living in
    rural areas and inner cities do not have access to advanced services
    that are comparable to services available to people living in other
    areas.[^44] A lack of broadband infrastructure could limit the
    potential of these communities to attract and retain businesses and
    jobs, especially businesses that are dependent on electronic
    commerce. Lack of infrastructure could also restrict community
    access to education, health care, and recreational services.[^45] We
    conclude that allocation of the 3650-3700 MHz band for the fixed
    service will serve the public interest by providing broadband data
    services to residential and business consumers, particularly in
    rural areas. Additionally, this allocation will facilitate an
    alternative means of providing basic telephone service, thus
    fostering a competitive market structure for direct PSTN access for
    rural and underserved areas of the U.S. For example, it could be
    used to provide unserved persons with a wireless connection to the
    PSTN and to economically serve high-cost wireline service areas,
    including rural areas.

14. While we recognize that the desirability of providing fixed service
    operations access to additional spectrum, spectrum in the adjacent
    3400-3650 MHz band is not available. That band is currently
    allocated on a primary basis for Federal Government use. The
    Commission consulted with NTIA concerning access to this band on a
    co-primary basis, but NTIA determined that non-Government fixed
    service operations are incompatible with the incumbent Government
    operations.[^46] Given NTIA's determination, we do not anticipate
    gaining access to spectrum in the 3400-3650 MHz band in the near
    term and, therefore, must deny the MountainTel/Saddleback petition
    requesting allocation of this band for non-Government operations.

15. Although additional spectrum for fixed service operation is not
    available, we find that the 50 MHz at 3650-3700 MHz can support
    viable fixed service operations. We are encouraged by comments in
    the record indicating that technologies such as time division
    duplexing (\"TDD\") could be used to provide service in this
    band.[^47] To further enhance the viability of terrestrial fixed and
    mobile services, we seek comment in the *Second Notice* on the
    feasibility of pairing the 3650-3700 MHz band with the 4940-4990 MHz
    band and whether such a pairing will encourage synergies in use of
    both portions of spectrum.[^48] In some areas of the country it may
    be useful to utilize the 4940-4990 MHz band to serve areas near
    grandfathered FSS earth station sites operating in the 3650-3700 MHz
    band. In addition, given the frequency separation of these bands
    could allow the use of frequency division duplexing ("FDD")
    technology. These two bands may complement one another and allow for
    ubiquitous deployment of new terrestrial fixed services.

16. We decline to adopt our tentative conclusion concerning a mobile
    service allocation in the 3650-3700 MHz band in its entirety. Given
    the challenging spectrum sharing environment involving the
    relatively weaker satellite receive signals, we remain concerned
    about mobile station (*i.e*. roving handset) operations in the
    3650-3700 MHz band.[^49] However, while we agree with COMSAT,
    Lucent, Motorola and SR Telecom that mobile station operations may
    raise interference concerns, we find that land mobile base stations
    should be allowed to operate within the 3650-3700 MHz band. Mobile
    base stations are fixed and thus do not raise the same interference
    concerns as mobile handset operations. Mobile base stations in the
    3650-3700 MHz band might operate with land mobile services offered
    in the 4940-4990 MHz band. Specifically, the land mobile base
    stations could transmit in the 3650-3700 MHz band, and the land
    mobile receivers could use the 4940-4990 MHz band to transmit back
    to the land mobile base station. We therefore allocate the 3650-3700
    MHz band to the mobile service on a nationwide co-primary basis with
    the fixed service. However, we limit this allocation to base station
    operations only. Consistent with the international allocation in
    this band, we are not permitting aeronautical mobile operations.
    Land mobile base stations in the 3650-3700 MHz band will be subject
    to the same coordination procedures as FS stations concerning
    grandfathered Government radiolocation and grandfathered FSS
    operations.[^50]

17. Motorola requests that the Commission allow for \"nomadic\" or
    \"temporary-fixed\" operation in the band.[^51] Motorola indicates
    that \"nomadic\" operation differs from traditional mobile
    operations in that the nomadic transmissions do not generally occur
    when the radio is in rapid high-speed motion.[^52] Motorola's
    description of nomadic operation does not clearly distinguish that
    operation from mobile operation and we do not see a clear
    definitional or technical distinction. Our rules define mobile
    service as a radiocommunication service between mobile and land
    stations or between mobile stations[^53] and fixed service as a
    radiocommunication service between fixed points.[^54] Given these
    definitions it appears that Motorola\'s \"nomadic\" operation would
    fall under our definition of mobile station operations and thus not
    be permitted in this band. To the extent that Motorola can provide a
    detailed demonstration that its proposed \"nomadic\" operations are
    consistent with our policies in this band and fall within the
    Commission\'s definition of temporary fixed operations, they will be
    permitted to operate.

#### Sharing With Fixed Satellite Service Operations

18. In the *Notice and Order*, we imposed a freeze on the acceptance of
    applications for earth station operations in the 3650-3700 MHz
    band.[^55] We proposed to permanently implement this action, but
    sought comment on alternative methods to meet the terrestrial fixed
    service needs while minimizing the effect on FSS operations.[^56]
    While some satellite providers indicate that sharing on a co-primary
    basis is possible, we decline to adopt such a proposal. We recognize
    that fixed operations and FSS share spectrum in some bands. We will
    permit sharing to the extent it is technically possible and promotes
    efficient use of the spectrum. However, in this band, allowing FSS
    on an unrestrained co-primary basis would impede any potential
    widespread use of the band for terrestrial services. Due to the weak
    signals that are received in the FSS, coordination with the
    higher-powered terrestrial operations would result in potentially
    large geographic areas where terrestrial services could not operate
    to avoid interference to FSS. The size and shape of these "exclusion
    zones" may be different for each FSS earth station site because
    factors such as shielding, antenna orientation and terrain elevation
    will vary from site to site.[^57] These coordination requirements
    and the presence of exclusion zones would significantly increase
    transaction costs and create a disincentive for deployment of new
    terrestrial operations. Thus, we find that unrestrained deployment
    of FSS earth stations could hinder or greatly inhibit the
    opportunities for terrestrial operations in the band.

#### Statutory Considerations

19. As previously mentioned, NTIA identified the 3650-3700 MHz band as a
    possible substitute for 15 megahertz at 1990-2110 MHz for assignment
    by competitive bidding pursuant to the requirements of the BBA.[^58]
    A statutory condition of the substitution requires that alternative
    spectrum "better serve the public interest, convenience, and
    necessity" and that "the alternative could reasonably be expected to
    produce comparable receipts."[^59] The other bands identified by
    NTIA as alternatives to the 15 megahertz at 1990-2110 MHz include:
    944-960 MHz, 1390-1400 MHz, 1427-1432 MHz, 1670-1675 MHz, and
    2500-2690 MHz. As noted in our *Spectrum Policy Statement*, the
    944-960 MHz and 2500-2690 MHz bands are already used extensively for
    non-Government services.[^60] We also observe that portions of the
    1390-1400 MHz and 1427-1432 MHz have already been allocated and
    assigned to non-Government use.[^61] The remaining portions of these
    bands and the 1670-1675 MHz band are small, non-contiguous segments
    and thus we believe are unlikely to raise comparable receipts as
    required by the BBA.[^62] Thus, with the exception of 3650-3700 MHz,
    none of the bands identified by NTIA is available to satisfy the
    requirements of the BBA. Because this 50 megahertz is at a higher
    frequency than 15 megahertz of spectrum identified in the 1990-2110
    MHz band, additional bandwidth is required to compensate for
    increased path losses that occur in the 3650-3700 MHz band. For
    these reasons, we find that the 3650-3700 MHz band is an equivalent
    and viable substitute for 15 megahertz of spectrum at 1990-2110 MHz,
    taking into account differences in propagation characteristics
    between the two bands.

20. Because we are substituting the 3650-3700 MHz band for 15 megahertz
    of spectrum in the 1990-2110 MHz band, we must assign licenses for
    this spectrum by competitive bidding to satisfy the requirements of
    the BBA.[^63] Our allocation to the terrestrial services will enable
    us to establish service rules consistent with the statutory mandate
    to auction licenses for this spectrum. We seek comment in the
    *Second Notice* on various service rules necessary to conduct an
    auction.[^64]

21. Recently enacted legislation states that the Commission "shall not
    assign spectrum used for international or global satellite services
    by competitive bidding."[^65] FSS in this band has historically been
    restricted to international, intercontinental services.[^66] Given
    that this band is allocated for space-to-Earth or downlink services,
    this footnote implies that data is being transmitted from another
    country. Even if this restriction were not in place, the
    international inter-continental nature of the satellite systems
    deployed in this band results in a footprint that extends well
    beyond the U.S. border into other countries. Because FSS is, or may
    be, used for the provision of international satellite services in
    this band, we believe that the assignment of FSS licenses by
    competitive bidding would be inconsistent with the ORBIT Act. While
    we do not plan to assign FSS licenses for the 3650-3700 MHz band by
    competitive bidding, we are taking a number of steps to continue to
    accommodate FSS use of the band. Specifically, we are: (1)
    grandfathering existing FSS earth station sites on a co-primary
    basis; (2) providing a limited opportunity to request additional
    co-primary FSS earth station sites within 10 miles of existing
    grandfathered FSS earth station sites; and (3) allowing other new
    FSS earth station sites on a secondary basis. In addition, we note
    that the 3600-3650 MHz band remains available for FSS earth station
    operations on a primary basis.

### Fixed Satellite Service Transition Issues 

#### Existing Fixed Satellite Service Operations

22. In the *Notice and Order,* we proposed to grandfather existing FSS
    earth station sites operating in the 3650-3700 MHz band.[^67] In
    addition, we sought comment on whether new terrestrial licensees
    should have the right to require existing FSS earth stations to
    vacate the band, subject to reimbursement, in a manner consistent
    with the Commission's emerging technologies relocation
    policies.[^68] We also sought comment on whether we should change
    the allocation status of FSS earth stations to secondary after a
    specified time period.[^69]

23. Several commenters support grandfathering existing FSS earth station
    sites.[^70] For example, Sprint argues that grandfathering existing
    FSS earth station sites is important in order for common carriers to
    continue to provide voice and data services within the Americas
    using INTELSAT.[^71] Some commenters objected to grandfathering
    existing FSS earth station sites and argue that the band should be
    cleared.[^72] For example, SR Telecom believes that FSS operations
    should be relocated, but argues that relocation costs should not be
    borne by FS providers because they may not have sufficient market
    demand to justify the additional associated costs.[^73]

24. While incumbent FSS operations could relocate to other bands that
    are available for FSS, relocation would necessitate significant
    reconfiguration costs and disrupt continuity of operations.
    Recognizing the importance of providing continuity of service to the
    public, we will grandfather existing FSS earth station sites
    indefinitely.[^74] We also believe that the Commission should not
    mandate relocation of FSS operations to other bands because FSS and
    terrestrial operations, as limited by this *First Report and Order*,
    are not fundamentally incompatible.[^75] We are not, however,
    precluding voluntary negotiations between existing FSS licensees and
    new terrestrial licensees for relocation where feasible.

25. We realize that grandfathering existing FSS earth station sites will
    impose constraints on new terrestrial operations. However, in many
    cases these new terrestrial fixed and mobile operations should be
    able to co-exist with existing FSS earth stations by "engineering
    in" facilities to avoid interference. Furthermore, many rural,
    remote and less densely populated areas that could benefit
    significantly from deployment of terrestrial fixed and mobile
    services are not effected by existing grandfathered FSS earth
    station sites. Thus, we conclude that grandfathering existing FSS
    earth station sites will not unreasonably constrain the new
    terrestrial services.

26. In order to facilitate continued grandfathered FSS operations, we
    consider the establishment of coordination zones around
    grandfathered FSS earth station sites as part of the service rules
    which are discussed in the *Second Notice* below.[^76] Within these
    coordination zones we propose that, terrestrial service operations
    must be coordinated with grandfathered FSS operations to ensure that
    the FSS operations are protected from interference from terrestrial
    service operations. Within these coordination zones, grandfathered
    FSS operations will have co-primary status with the new terrestrial
    services. We recognize that within these coordination zones, there
    will be exclusion zones where terrestrial services will not be able
    to operate without causing harmful interference to FSS. Such
    exclusion zones cannot be generally determined and will vary from
    site to site. These coordination zones differ from the exclusion
    zones mentioned earlier. A coordination zone refers to a specified
    geographical area where terrestrial and satellite licensees can
    co-exist subject to coordination procedures. An exclusion zone is
    not geographically defined and refers to the area within the
    coordination zone where sharing is not technically feasible.

#### New Fixed Satellite Service Operations

27. In the *Notice and Order,* the Commission stated that it would no
    longer accept applications in the 3650-3700 MHz band for new FSS
    earth stations, major amendments to pending FSS earth station
    applications, or applications for major changes in existing FSS
    earth stations.[^77] This freeze was imposed to ensure that adequate
    opportunities would continue to exist for the provision of FS
    operations in the band.[^78]

28. In response to concerns raised by satellite operators and their
    accompanying requests for emergency relief from the freeze, the
    Commission issued a *Memorandum Opinion and Order* ("*MO&O"*)
    modifying the earth station freeze by allowing the acceptance of
    applications for earth station facilities that were located within
    10 miles of an existing grandfathered extended C-band earth station
    in the 3650-3700 MHz band.[^79] The Commission found that this
    limited relief from the freeze would enable satellite operators to
    meet immediate needs without jeopardizing future availability of the
    3650-3700 MHz band for FS operations.[^80]

29. In the *MO&O*, the Commission did not establish a time limit for the
    filing of FSS earth station applications. However, because the new
    FSS facilities permitted by the *MO&O* could affect the use of the
    3650-3700 MHz band by the terrestrial services, we now find it
    necessary to establish a limit on the acceptance of such
    applications and on the construction of FSS facilities. Accordingly,
    applications for FSS earth stations in the 3650-3700 MHz band within
    10 miles of the authorized coordinates of an existing grandfathered
    earth station submitted prior to December 1, 2000 and subsequently
    authorized for service by the Commission will be co-primary with the
    terrestrial services. Such FSS earth stations will be grandfathered
    as described above.[^81] We consider the filing of an FSS earth
    station application before the cut-off date to be an expression of
    immediate need consistent with the intent of the *MO&O*. However,
    applicants will be required to complete construction and be
    operational within one year from the date of initial
    authorization.[^82] If a license for an FSS earth station at a
    grandfathered site is assigned or transferred, the earth station
    will retain its grandfathered status, provided there is no change in
    the site coordinates. In addition, certain modifications are
    permitted to the extent there is no change in the site
    coordinates.[^83] Such modifications should be minor in nature and
    can include changes in the polarization and antenna orientation.
    However, changes such as an increase in the height of the center
    line of the dish or a change in geographical coordinates of greater
    than one second in either latitude or longitude would not be
    considered minor. Further, any change in the earth station antenna
    dish size that increases the likelihood of receiving interference
    will not be considered a minor change in facilities. If a license
    for a grandfathered FSS station is forfeited pursuant to Section
    25.161(c) of the Commission\'s rules, the site will no longer be
    considered primary and will lose its grandfathered status.[^84]

30. Subsequent to the end of the filing window, we will continue to
    accept applications for additional FSS earth stations. These
    authorizations, however, will be provided on a secondary basis only
    in the 3650-3700 MHz band. Secondary status will apply for new earth
    station sites located both inside and outside the coordination
    zones. We note that FSS earth stations only receive signals in this
    band, and thus cannot cause interference. We also note that
    secondary FSS earth stations are not entitled to protection from
    primary terrestrial operations. We find that allowing additional FSS
    expansion on a secondary basis will help alleviate congestion in the
    adjacent C-band (3700-4200 MHz) and allow FSS providers to market
    available capacity, while preserving opportunities for a viable
    terrestrial services. In addition, allowing additional FSS earth
    stations on a secondary basis may enable FSS providers licensed
    under Part 25 to enter into private arrangements with terrestrial
    service licensees in the secondary market for access to this
    spectrum. We note, however, that an agreement between a terrestrial
    service licensee and an FSS operator would not elevate an FSS earth
    station in this band to primary status relative to other FS
    licensees. [^85]

#### Telemetry, Tracking, and Control (TT&C) Operations

31. Echostar requests that the Commission clarify, as part of this
    proceeding, that Directsat will be able to continue its TT&C
    operations in the 3650-3700 MHz band.[^86] Echostar notes that the
    Commission\'s authorization allowing Directsat to provide TT&C
    operations from 3698.3-3699.7 MHz was conditioned based on a
    \"non-interference, non-protected basis."[^87] Echostar asserts that
    it is essential to the continued safety of its satellite system that
    new services not cause interference to its TT&C operations, and that
    it not be required to protect new services.[^88] Echostar states
    that it is confident that its TT&C operations can be accommodated
    without imposing undue restrictions on these services except in a
    \"sliver\" of spectrum and in a \"few geographical locations.\"[^89]
    Echostar further notes that loss of its satellite system would not
    be in the public interest since it would disrupt its ability to
    provide service to its more than to 2 million DBS subscribers and
    would greatly diminish its ability to furnish competition to
    incumbent cable operators.[^90] Consistent with our regulatory
    treatment of existing FSS earth stations, we will grandfather the
    sites currently used to provide TT&C operations, including
    Echostar\'s.[^91] As a result those sites will receive the same
    protections as the other grandfathered FSS earth stations in the
    3650-3700 MHz band, except that they will be protected only for the
    frequencies they are authorized to use for TT&C operations. Any
    other TT&C operations site that receives grandfathering protection
    in the 3650-3700 MHz band will also be protected only for the
    specific frequencies the site is authorized to operate on pursuant
    to the license it holds.

32. Several commenters assert that the Commission failed to consider a
    petition (\"TT&C petition\") that was filed jointly by Echostar, GE
    Americom, HCI, KaStar, Lockheed Martin Corporation, Orion, PanAmSat
    and Visionstar, Inc., requesting that 10 MHz of spectrum in the
    3600-3700 MHz band be designated for TT&C use for satellite systems
    operating above the Ka band (*i.e*. above 15 GHz).[^92] The
    Commission did place the TT&C petition on *Public Notice* seeking
    comment on the requested 10 MHz allocation.[^93] We also referred
    this petition to NTIA, via the Interdepartment Radio Advisory
    Committee (\"IRAC\"), requesting that it consider the proposed
    operations in the 3600-3650 MHz band.[^94] NTIA has responded that
    the proposed TT&C operations appear to be incompatible with
    Government operations in the 3600-3650 MHz band. NTIA recommends
    using non-Government spectrum in the 3650-4200 MHz band to satisfy
    the requirements indicated in the TT&C petition.[^95]

33. We deny the TT&C petition\'s request for a reservation of 10 MHz of
    spectrum in the 3650-3700 MHz band for TT&C operations. We find that
    reserving 10 MHz of spectrum for TT&C operations for a few earth
    station sites would be an inefficient use of limited spectrum
    resources. We have determined that the public interest will be best
    served by adopting a regulatory framework that will foster the
    development and deployment of terrestrial services in the 3650-3700
    MHz band. Nothing in Part 2 of the Commission\'s rules prohibits
    TT&C operations under the FSS allocation in this band, or from
    grandfathered FSS earth station locations, provided the non-TT&C
    operations of the satellite system include operations in the fixed
    satellite service. We address the other aspects of the petition in
    the *Second Notice*. Specifically, we seek comment on whether Part
    25 of the Commission\'s rules should be modified to permit TT&C
    operations in the extended C-bands, even though those bands may be
    outside the band through which a satellite\'s principal services are
    offered.[^96]

### Non-Government Radiolocation Operations

34. In the *Notice and Order*, the Commission requested comment on a
    proposal to delete the unused secondary non-Government radiolocation
    service allocation in the 3650-3700 MHz band.[^97] Northern Telecom,
    Inc. (\"Nortel\") supports the proposal and encourages the
    Commission to align U.S. policy with ITU radio regulations that do
    not allow commercial radiolocation operations in the band.[^98] No
    comments were filed supporting the continued secondary allocation
    for the unused non-Government radiolocation service and we find no
    sufficient reason to maintain the secondary unused allocation.
    Accordingly, we adopt the proposal and delete the unused secondary
    non-Government radiolocation allocation to preserve the availability
    of the spectrum for use by the terrestrial services and FSS
    operations. We note that sufficient spectrum remains available
    within the 2900-3650 MHz band, on a secondary basis, to accommodate
    non-Government radiolocation service needs.

## Federal Government Operations

### Radiolocation Operations 

35. In the *Notice and Order,* we noted that, as a condition of the
    transfer of the 3650-3700 MHz band to a mixed-use status, three
    Government radiolocation sites would be allowed to operate
    indefinitely in the band within an 80-kilometer \"radius of
    operation\" surrounding each site.[^99] NTIA indicates that a
    coordination distance of 80 kilometers around these three sites will
    provide adequate identification of spectrum conflicts, and that the
    Commission should coordinate any non-Government terrestrial service
    or FSS station within 80 kilometers of these sites with NTIA's
    Frequency Assignment Committee on a case-by-case basis.[^100] In the
    *Notice and Order,* we requested comment on what actions should be
    taken to achieve this coordination in a manner to promote the
    ability of new non-Government services to co-exist with extremely
    high powered Government mobile radar systems in the adjacent
    3300-3650 MHz band as well as with occassional high powered in-band
    use at three grandfathered Government radiolocation sites.[^101]

36. We did not receive any proposals specifically addressing the
    questions raised in the *Notice and Order* regarding coordination
    with these sites.[^102] Innowave expressed support for NTIA's
    proposal for coordination of any station within 80 kilometers of the
    Government radars; however, it recommends that the coordination
    range apply to base stations only, and not to stations located at
    customer premises.[^103] Because the requirement to protect the
    three grandfathered Government radiolocation sites at an 80
    kilometer distance is a condition of the transfer of this spectrum,
    we adopt NTIA's proposal for an 80 kilometer coordination radius to
    ensure that these sites will be protected from interference. This
    requirement means that non-Government terrestrial service and FSS
    stations located within 80 kilometers of the three grandfathered
    Government radiolocation stations may not cause interference to the
    grandfathered Government radiolocation operations, that they must
    accept any interference received from such operations, and that they
    must be coordinated before commencing operation. The coordination
    requirement will apply to all non-Government stations, not just base
    station operations as requested by Innowave, because any station
    within the coordination zone could potentially cause interference to
    the protected Government operations. Given that coordination is
    required only for areas within 80 kilometers of three grandfathered
    Government radiolocation sites, we find that this should affect a
    limited number of non-Government stations. We adopt this
    coordination requirement in a footnote to the Table of Allocations
    contained in Section 2.106 of the Commission\'s rules. The
    coordination procedures will be addressed as part of the service
    rules in the attached *Second Notice*.[^104]

37. In the *Notice and Order*, the Commission proposed to delete the
    Government radiolocation service allocation from the 3650-3700 MHz
    band, except for grandfathering three Government radiolocation sites
    that would continue operations in the band.[^105] The Commission
    also proposed to permit Government radiolocation operations in the
    3650-3700 MHz band on Naval vessels at an appropriate distance from
    shore.[^106] NTIA recommends the inclusion of a footnote to the
    Table of Frequency Allocations indicating that off-shore Government
    radiolocation operations may operate on a non-interference basis
    with authorized non-Government operations, and may not hinder the
    implementation of any non-Government operations.[^107] NTIA
    recommends that a distance of 30 nautical miles (55.5 kilometers)
    from shore be specified.[^108] It notes that this recommended
    distance is based upon limited information, and that a different
    distance may later be found appropriate after further measurements
    and experience with non-Government use of the 3650-3700 MHz
    band.[^109] SR Telecom believes that the Government radiolocation
    allocation should be deleted or restricted to areas beyond 50-70
    statute miles from shore.[^110] PetroCom recommends that the limit
    be set at no more than 3 nautical miles.[^111] Neither PetroCom nor
    SR Telecom submitted detailed technical analysis justifying
    alternative distances.

38. After carefully reviewing the comments concerning this issue, we
    find that NTIA\'s recommended distance of 30 nautical miles[^112]
    from the shore of the U.S. or its territories may be insufficient to
    protect non-Government services that will operate in the band. We
    note that NTIA has indicated previously that the operational radius
    of the three grandfathered Government radiolocation operations is 80
    kilometers.[^113] We note that 80 kilometers is approximately equal
    to 44 nautical miles.[^114] We are concerned that allowing operation
    of Government radiolocation stations any closer than 44 nautical
    miles (80 kilometers) to the U.S. or its territories will have the
    potential to cause interference to non-Government operations in the
    band. Therefore, we specify a distance of 44 nautical miles, which
    is equivalent to the 80 kilometers grandfathered Government
    radiolocation \"radius of operation\" as described in the *Notice
    and Order*.[^115] NTIA\'s request to include the Government
    radiolocation allocation via a footnote, as described, will not
    hinder the introduction of non-Government services in the band,
    given the 80-kilometer protection limit. Additionally, offshore
    Government radiolocation stations will not be allowed to cause
    interference to non-Government stations, irrespective of their
    location. Further, if additional technical information and analysis
    is made available to us concerning any change in the distance
    requirements, we will consider altering the distance as appropriate.

### Aeronautical Radionavigation Allocation

39. In the *Notice and Order*, we proposed to delete the unused
    Government aeronautical radionavigation service (ground based)
    allocation in the 3650-3700 MHz band.[^116] SR Telecom believes that
    the aeronautical radionavigation allocation should be deleted
    because it may limit future use of the 3650-3700 MHz band.[^117]
    NTIA did not object to this proposal. We see no useful purpose in
    continuing this allocation. Therefore, for the reasons set forth in
    the *Notice and Order*, we adopt our proposal to delete the
    Government aeronautical radionavigation service (ground based)
    allocation from the 3650-3700 MHz band to preserve the band for
    non-Government use.

# SECOND NOTICE OF PROPOSED RULE MAKING

40. In this *Second Notice*, we propose licensing and operating rules
    for FS and mobile service (base stations only) operations in the
    3650-3700 MHz band. In light of the fact that this spectrum has been
    allocated to terrestrial service operations on a co-primary basis
    for assignment by competitive bidding pursuant to Section 3002 of
    the BBA,[^118] we propose to assign terrestrial service licenses in
    this band pursuant to the Commission's Part 1 competitive bidding
    rules. We also propose to license the 3650-3700 MHz band under Part
    27 of the Commission's rules, as modified herein, to reflect the
    particular characteristics and circumstances of services offered
    through the use of spectrum in the 3650-3700 MHz band. In addition,
    we seek comment on the feasibility of pairing this band with the
    4940-4990 MHz (\"4.9 GHz\") band for use for fixed and mobile
    services.

## Application, Licensing, and Processing Rules

41. In the *Notice and Order* in this proceeding, we sought comment on
    whether the 3650-3700 MHz band should be licensed under the Local
    Multipoint Distribution Service (\"LMDS\" or Part 101, Subparts L
    and M) rules or under the Wireless Communications Service (\"WCS\"
    or Part 27) service rules, or under an entirely new set of service
    rules.[^119] In addition, we sought comment on the initial spectrum
    licensing blocks.[^120] Specifically, we sought comment on whether
    the 3650-3700 MHz band should be licensed as a single 50-megahertz
    block or broken down into two or more blocks.[^121] If the latter,
    we asked if the spectrum should be initially offered as contiguous
    or paired blocks and, if paired blocks, whether they should be
    symmetric or asymmetric.[^122] In addition, we sought comment on the
    appropriate geographic size of service areas for initial
    licensing.[^123] Specifically, we sought comment on whether the band
    should be initially licensed for a single nationwide service area,
    for several large regional service areas, or for some other choice
    of smaller geographic areas.[^124]

42. Since the release of the *Notice and Order*, there have been several
    developments that lead us to seek additional comment on these
    issues, as well as the additional proposals set forth below. As
    discussed above, we have allocated the 3650-3700 MHz band to the
    terrestrial services on a nationwide basis and have grandfathered 82
    non-Federal Government FSS earth stations at 49 sites[^125] and
    three Federal Government radiolocation operations sites on a
    co-primary basis. We have also decided to accept on a secondary
    basis new FSS earth station applications. In addition to these
    decisions, earlier this year we released a Notice of Proposed
    Rulemaking for the 50 megahertz of spectrum in the 4940-4990 MHz
    band (\"*4.9 GHz Notice*\").[^126] In the *4.9 GHz Notice*, we
    proposed to allocate the 4.9 GHz band to the non-Federal Government
    fixed and mobile services, except aeronautical mobile service, on a
    nationwide co-primary basis. We also proposed to license the 4.9 GHz
    band under Part 27 of the Commission's rules and sought comment on
    the appropriate spectrum licensing blocks and geographic service
    areas to be adopted.

43. Both the 4.9 GHz band and the 3650-3700 MHz bands have been
    transferred from Federal Government use to private sector use. Both
    bands include 50 megahertz of spectrum. The 3650-3700 MHz band is
    allocated for fixed and mobile services on a nationwide co-primary
    basis and we have proposed to allocate the 4.9 GHz band for fixed
    and mobile services on a nationwide co-primary basis. We believe
    that a possibility exists that fixed and mobile service providers
    could pair these two frequency bands and we seek comment on this
    possibility and on what licensing and service rules we should adopt
    to encourage this result. We recognize that the mobile allocation
    for the 3650-3700 MHz band is restricted to base stations only.
    However, we believe that land mobile receivers might be able to use
    the 4940-4990 MHz band to transmit to land mobile base stations
    operating in the 3650-3700 MHz band. We are hopeful that if these
    two bands are paired they could be used to provide a broad range of
    new fixed and mobile services, directly linking residences,
    businesses, and other locations to an ever-developing array of
    networks. Given the allocation we have adopted for the 3650-3700 MHz
    band and the possibility of pairing that band with the 4.9 GHz band,
    we seek additional comment on the application and licensing issues
    raised in the *Notice and Order*.

44. We wish to develop a record on whether technical requirements or
    other reasons justify licensing the 3650-3700 MHz and 4.9 GHz bands
    at the same time. Commenters have voiced support for the adoption of
    certain modulation standards, such as TDD or FDD, and the use of
    associated pairing schemes.[^127] We are encouraged by comments in
    the record indicating that TDD technology is well suited for
    operation in the 3650-3700 MHz band and could be used to provide
    service in this band.[^128] Additionally, SR Telecom, Airspan, CSRT,
    Lucent, and Motorola observe that FDD technology in this region of
    the spectrum generally requires a separation of between 50 MHz and
    100 MHz between transmit and receive frequencies, with a wider
    separation in higher bandwidth services.[^129] We invite comment on
    the implications that the use of certain technologies and
    channelization requirements may have upon our decision whether to
    couple these bands. Some commenters have also taken the view that
    the 50 MHz of spectrum in the 3650-3700 MHz band will provide
    insufficient capacity for the development of fixed broadband
    wireless competition.[^130] In light of this contention, we seek
    comment on whether the pairing of the 4.9 GHz band with the
    3650-3700 MHz frequencies is necessary or appropriate. If commenters
    believe that pairing the two bands is necessary or appropriate, we
    seek comment on whether any of our proposals for licensing the 4.9
    GHz band need to be changed in order to facilitate the pairing of
    the two bands.

45. We tentatively conclude that all services, other than FSS earth
    stations, in the 3650-3700 MHz band should be governed by Part 27 of
    the Commission\'s rules.[^131] This proposal is consistent with our
    proposal to regulate the 4.9 GHz band under Part 27 of the
    Commission's rules, and regulating both bands under the same rule
    part should help those licensees who wish to pair the two bands to
    provide fixed and mobile service offerings. We also propose to
    modify Part 27 of the Commission's rules to the extent necessary to
    reflect the particular characteristics and circumstances of services
    to be offered. We seek comment on our tentative conclusion that we
    should regulate the 3650-3700 MHz band under Part 27 of the
    Commission's rules.

46. As discussed above in the *First Report and Order*, we are not
    restricting the types of fixed services that can be provided in the
    3650-3700 MHz band. We are restricting the mobile service to base
    station use only. Consistent with this approach, we note that fixed
    and mobile service licensees may be required to comply with rules
    contained in other Parts of the Commission\'s rules. For example, to
    the extent a licensee provides a Commercial Mobile Radio Service
    (\"CMRS\"), such service will also be subject to the provisions of
    Part 20 of the Commission's rules.[^132] Part 20 applies to all CMRS
    providers, even though the stations may be licensed under other
    Parts of the Commission's rules. We seek comment generally on any
    provisions in existing, service-specific rules that may require
    specific recognition or adjustment to comport with the supervening
    application of Part 27, as well as any provisions that may be
    necessary in Part 27 to fully describe the scope of covered services
    and technologies. For instance, if a 3650-3700 MHz licensee provides
    a fixed service, we seek comment on whether there are any specific
    provisions in Part 101 of the Commission's rules that the licensee
    should be subject to even though the licensee's stations will be
    licensed under Part 27.[^133]

47. Wireless licensees operating in the 3650-3700 MHz band will be
    subject to the Universal Licensing System ("ULS").[^134] ULS is the
    interactive licensing database developed by the Wireless
    Telecommunications Bureau to consolidate and replace eleven existing
    licensing systems used to process application and grant licenses in
    the wireless services. ULS provides numerous benefits, including
    fast and easy electronic filing via the Internet, improved data
    accuracy through automated checking of applications, and enhanced
    electronic access to licensing information via the Internet.[^135]
    License applications filed by Part 27 licensees must be filed
    electronically via ULS. These filings include initial applications,
    major modifications, construction notifications, transfers and
    assignments, and renewals.[^136]

48. The fixed satellite service will continue to be regulated under Part
    25 of the Commission's rules.[^137] FSS earth stations receive
    signals in the 3650-3700 MHz band and typically transmit at
    frequencies in the 5850-5925 and 6425-6525 MHz bands. Authorization
    of earth station transmissions in these bands will continue to be on
    a co-primary basis with terrestrial users, and subject to
    coordination.

49. While we seek comment from the public in general concerning the
    proposals set forth in this *Second Notice*, we specifically seek
    comment from Indian Tribal governments on the proposals below. As
    detailed in the *Tribal Government Policy Statement*, adopted
    earlier this year, the Commission is committed to (1) working with
    Indian tribes on a government-to-government basis to ensure that
    Indian tribes have adequate access to communications services,
    and (2) consulting with Tribal governments prior to implementing any
    regulatory action or policy that will significantly affect Tribal
    governments, their land, and resources.[^138] We believe the
    proposals set forth in this *Second Notice* have the potential to
    foster the development and, ultimately, the deployment of new
    technologies and services to many communities, including tribal
    communities. In keeping with the principles of *the Tribal
    Government Policy Statement*, we welcome the opportunity to consult
    with Tribal governments on the issues raised by this *Second Notice*
    and we seek comment both from Tribal governments and other
    interested parties on the potential for the spectrum proposals set
    forth herein to serve the communications needs of tribal
    communities.

### Regulatory Status; Flexible Use

50. To fulfill its enforcement obligations and ensure compliance with
    the statutory requirements of Titles II and III of the
    Communications Act, the Commission has often required applicants to
    identify whether or not they seek to provide common carrier
    services. The Commission\'s current mobile service license
    application, for example, requires an applicant for mobile services
    to indicate whether the service it intends to offer will be CMRS,
    Private Mobile Radio Service ("PMRS"), or both. In the *LMDS Second
    Report and Order,* the Commission required applicants for fixed
    services to indicate if they planned to offer services as a common
    carrier, a non-common carrier, or both, and to notify the Commission
    of any changes in status even though no prior authorization is
    required.[^139] In adopting a similar licensing framework for Part
    27, the Commission has permitted applicants to request common
    carrier status as well as non-common carrier status for
    authorization in a single license, rather than require the applicant
    to choose between common carrier and non-common services.[^140] As
    with the 4.9 GHz band,[^141] we propose to adopt this same procedure
    for licensing services in the 3650-3700 MHz band.[^142] The licensee
    will be able to provide all allowable services anywhere within its
    licensed area at any time, consistent with its regulatory status. We
    tentatively conclude that, in the case of services offered in the
    3650-3700 MHz band, this approach is likely to achieve efficiencies
    in the licensing and administrative processes.

51. In adopting Part 27, the Commission stated that, apart from this
    designation of regulatory status, the Commission would not require
    applicants to describe the services they seek to provide.[^143] The
    Commission stated that it is sufficient that an applicant indicate
    its choice of regulatory status in a streamlined application
    process.[^144] In providing guidance on this issue to applicants,
    the Commission pointed out that an election to provide service on a
    common carrier basis requires that the elements of common carriage
    be present in the type of service the license applicant seeks to
    provide; otherwise, the applicant must choose non-common carrier
    status.[^145]

52. The 1996 Act provides that a telecommunications carrier shall be
    treated as a common carrier only to the extent that it is engaged in
    providing telecommunications services.[^146] Telecommunications
    services are defined as the offering of telecommunications for a fee
    directly to the public, or to such classes of users as to be
    effectively available to the public, regardless of the facilities
    used.[^147] As stated in the *24 GHz* *Report and Order*, we depend
    on the license applicant to notify the Commission of its intent to
    provide common carrier services, thereby enabling us to determine
    whether to apply the statutory requirements of Title II of the
    Communications Act.[^148] We note that to the extent that a
    3650-3700 MHz licensee is a telecommunications carrier it will be
    governed by the duties required under Part 51, including
    interconnection with other telecommunications carriers.[^149] Also
    to the extent that a 3650-3700 MHz provider meets the definition of
    a local exchange carrier it will also be governed by the
    requirements set forth in Subpart C of Part 51 of our rules.[^150]
    If potential applicants are unsure of the nature of their services
    and their classification as common carrier services, they may submit
    a petition with their applications, or at any time, requesting
    clarification and including service descriptions for that
    purpose.[^151]

53. We propose that applicants and licensees in the 3650-3700 MHz band
    also not be required to describe their proposed services, but be
    required to indicate a regulatory status based on any services they
    choose to provide. We also propose that if licensees change the
    service or services they offer, such that it would change their
    regulatory status, they must notify the Commission, even if such
    change would not require prior Commission authorization.[^152] We
    propose that licensees be required to notify the Commission within
    30 days of the change, unless the change results in the
    discontinuance, reduction, or impairment of the existing service, in
    which case a different time period may apply.[^153] In this
    instance, the licensee is governed by Section 101.305 of the
    Commission's rules and must submit an application under Section
    1.947 of the Commission's rules in conformance with the deadlines
    established by Section 101.305.[^154] We proposed these same
    procedures for the 4.9 GHz band.[^155] Under our proposal here, a
    3650-3700 MHz licensee would be authorized to provide a variety or
    combination of fixed, mobile (for base stations only), common
    carrier, and non-common carrier services. We seek comment on these
    proposals.

54. In addition, we tentatively conclude that permitting this kind of
    flexible use for fixed and mobile services in the 3650-3700 MHz band
    is consistent with Section 303(y)(2) of the Communications
    Act,[^156] as amended by the Balanced Budget Act of 1997.[^157] We
    seek comment on this tentative conclusion. Section 303(y)(2) grants
    the Commission authority to permit flexible use of this spectrum if
    the Commission finds that such use: (1) is in the public
    interest; (2) would not deter investment in communications services
    and systems, or technology development; and (3) would not result in
    harmful interference among users. We tentatively find that
    permitting the 3650-3700 MHz band to be used for a variety of
    terrestrial service uses and making the spectrum available for
    commercial use under the Part 27 Rules is in the public interest
    because it will contribute to technological and service innovation
    and improve the national telecommu­nications infrastructure. We note
    that one commenter urges the Commission to restrict the 3650-3700
    MHz band to point-to-multipoint uses only.[^158] However, this type
    of restriction is contrary to our policies favoring flexible use of
    the spectrum.[^159] We seek comment on these tentative findings.

55. To satisfy the requirements of Section 303(y)(2)(B) of the Act, we
    seek comment on whether permitting flexible use of this spectrum
    would deter investment in communications services and systems, or
    technology development.[^160] To the extent commenters believe such
    flexibility will deter investment, they should also suggest specific
    restrictions on how spectrum should be used by a licensee, and
    detailed analyses of the economic trade-offs between flexibility and
    investment that justify the recommended use restriction. We seek to
    develop a record to help quantify any trade-offs between flexibility
    and investment in technology and new services. Such a record will
    assist us in structuring these rules so as to avoid deterring
    investment in new technology and communications services. We also
    seek comment regarding the extent to which significant flexibility
    in service rules may encourage such investments.

56. Finally, we tentatively find that the technical rules that we are
    proposing in this *Second Notice* for the 3650-3700 MHz band satisfy
    the requirements of Section 303(y)(2)(C).[^161] These rules provide
    licensees with a framework to provide a wide variety of services
    with a minimum of interference. As the Commission stated in the *700
    MHz First Report and Order*, any interference issues that may arise
    among licensees can be satisfactorily resolved by general
    non-interference standards and technical rules.[^162] We believe
    that this conclusion applies for licensees in the 3650-3700 MHz
    band. We seek comment on this tentative finding.

### Eligibility; Spectrum Aggregation

57. Sections 27.12 and 27.302 of the Commission\'s rules[^163] impose no
    restrictions on eligibility, other than the foreign ownership
    restrictions set forth in Section 310 of the Communications
    Act,[^164] and discussed below. Consistent with these sections of
    the existing rules in Part 27, we propose that there be no
    additional restrictions on eligibility for a license in the
    3650-3700 MHz band.[^165] This approach is also consistent with the
    approach we took with regard to the 4.9 GHz band.[^166] We believe
    that opening the 3650-3700 MHz market to a wide range of applicants
    will permit and encourage entrepreneurial efforts to develop new
    technologies and services, while helping to ensure efficient use of
    this spectrum.[^167] We seek comment on this tentative conclusion.

58. Part 27 of the Commission\'s rules does not contain a limitation on
    the amount of spectrum a licensee may aggregate in each geographic
    area. Consistent with the existing Part 27 rules, we tentatively
    conclude that we will permit licensees in the 3650-3700 MHz band to
    obtain all of the 3650-3700 MHz licenses in a given geographic area
    if we eventually decide to divide the 3650-3700 MHz band into more
    than one licensee per geographic area. This tentative conclusion is
    consistent with our proposal for the 4.9 GHz band.[^168] We believe
    that the flexibility this approach permits will help licensees
    operating in the 3650-3700 MHz band offer regional and national
    services, and will therefore create interest in the commercial
    development of the 3650-3700 MHz band. We also believe that this
    approach will permit licensees who are so inclined to pair the
    3650-3700 MHz band with the 4.9 GHz band. By permitting licensees to
    acquire all of the spectrum in these bands in a given geographic
    area, licensees will be able to offer a wider variety of services
    and this flexibility in turn should stimulate more consumer interest
    in these services. The more consumer interest there is in a service,
    the more likely this service will be deployed broadly and to
    underserved areas.

59. In addition, as with the 4.9 GHz band, we tentatively conclude that
    a spectrum cap is not necessary to prevent a 3650-3700 MHz licensee
    from exercising market power.[^169] The Commission has made
    available ample spectrum in other bands for licensees to offer
    services that likely will compete with those offered by 3650-3700
    MHz licensees.[^170] We seek comment on our tentative conclusion
    that we should not impose a geographic area spectrum aggregation
    limit on 3650-3700 MHz licensees. Commenters that oppose our
    proposal should provide a rationale for whatever limit they deem
    appropriate, considering the varying bandwidth requirements of the
    different types of services that could be offered over the 3650-3700
    MHz band. In addition, commenters who advocate a spectrum cap should
    discuss why the availability of spectrum in other bands does not
    eliminate the need for a spectrum cap and, wherever possible,
    provide copies of any studies or analyses upon which their
    assertions are based.

60. The current spectrum cap applicable to CMRS licensees covers
    broadband Personal Communications Service (\"PCS\"), cellular, and
    certain covered Specialized Mobile Radio (\"SMR\") services, and,
    therefore, by its terms does not apply to licensees in the 3650-3700
    MHz band.[^171] As we did in the *4.9 GHz Notice*,[^172] we
    tentatively conclude not to extend this cap with respect to those
    licensees in the 3650-3700 MHz band who may be operating as CMRS
    providers. This approach is consistent with the decision the
    Commission reached in the *GWCS Second* *Report and* *Order*[^173]
    and the *700 MHz First Report and Order*.[^174] We seek comment on
    this tentative conclusion.

### Foreign Ownership Restrictions

61. Sections 310(a) and 310(b) of the Communications Act[^175] impose
    certain foreign ownership and citizenship requirements that restrict
    the issuance of licenses to certain applicants. Section 310(a)
    prohibits any foreign government or its representative from holding
    a station license subject to a control test.[^176] Section 310(b)
    prohibits certain defined foreign ownership interests in common
    carrier and other licenses. Section 27.12 of the Commission's rules,
    which implements Section 310 of the Act, would by its terms apply to
    applicants for licenses in the 3650-3700 MHz band, as well as
    applicants in the 4.9 GHz band.[^177] An applicant requesting
    authorization only for non-common carrier services would be subject
    to Section 310(a) but not to the additional prohibitions of Section
    310(b). An applicant requesting authorization for common carrier
    services (or for both common carrier and non-common carrier
    services) would be subject to both Section 310(a) and 310(b). Under
    the Commission\'s *Foreign* *Participation Order*, we now presume
    that ownership by entities based in countries that are WTO members
    serves the public interest.[^178] However, ownership by entities
    from countries that are not WTO members continues to be subject to
    the effective competitive opportunities test established by the
    Commission.[^179]

62. In the filing of an application under the Multipoint Distribution
    Service ("MDS"), satellite, and LMDS rules, the Commission requires
    any applicant electing non-common carrier status to submit the same
    information that common carrier applicants submit to address the
    foreign ownership restrictions under Section 310(b) of the
    Act.[^180] We proposed to follow this same approach with respect to
    applicants in the 4.9 GHz band, and we also propose to follow this
    approach with respect to applicants for the 3650-3700 MHz band who
    wish to use the spectrum for fixed and mobile services.[^181]
    Because these licensees will be permitted to offer both common and
    non-common carrier services, we believe this requirement is
    necessary in order to enable us to ascertain compliance of all these
    licensees with the alien ownership restrictions set forth in Section
    27.12 of the Commission's rules and the Communications Act of 1934,
    as amended. This information can be used whenever the licensee
    changes to common carrier status without imposing an additional
    filing requirement when the licensee makes the change.[^182]
    We note, moreover, that we would not disqualify an applicant
    requesting authorization exclusively to provide non-common carrier
    service from obtaining a 3650-3700 MHz license to provide fixed and
    mobile services solely on the basis that its citizenship information
    would disqualify it from receiving a common carrier license.

63. Accordingly, we propose that common carrier and non-common carrier
    licensees who wish to use the 3650-3700 MHz band to provide fixed
    and mobile services be required to provide the alien ownership
    information requested by FCC Form 601. Moreover, we propose that
    both common carrier and non-common carrier licensees who provide
    fixed and mobile services in the 3650-3700 MHz band must amend their
    FCC Form 602 to reflect any changes in foreign ownership
    information. We seek comment on these proposals.

### Geographic Areas and Spectrum Blocks

64. As indicated above, in the *Notice and Order* in this proceeding, we
    sought comment on the appropriate geographic service areas to use
    for licensing the 3650-3700 MHz band.[^183] We received several
    comments on this issue, with some commenters, including rural and
    smaller carriers, advocating that the band be licensed using small
    geographic areas, such as Basic Trading Areas (\"BTAs\"), or
    Metropolitan Statistical Areas (\"MSAs\") and Rural Statistical
    Areas (\"RSAs\"),[^184] while a few commenters suggest that the band
    should be licensed on a large regional basis, such as Economic Areas
    (\"EAs\") or nationwide basis.[^185] Given the allocation that we
    have adopted for this band and the possibility of pairing the 50
    megahertz of spectrum in the 3650-3700 MHz band with the 50
    megahertz of spectrum in the 4.9 GHz band, we believe it is
    appropriate to supplement the record on this issue.

65. Consistent with the *Notice and Order*, we tentatively conclude that
    a geographic area licensing approach should be used to assign
    licenses in the 3650-3700 MHz band.[^186] Our experience has been
    that wide-area licensing (as opposed to site-by-site licensing)
    affords licensees substantial flexibility to respond to market
    demand and may result in significant improvements in spectrum
    utilization.[^187] In particular, geographic area licensing allows
    licensees to coordinate usage across an entire geographic area to
    maximize the use of spectrum in areas of highest demand. Wide-area
    licenses also provide the flexibility to dynamically adjust spectrum
    usage depending upon market demands. Such adjustments may be
    significantly more difficult under a site-by-site licensing regime
    where prior Commission approval is needed before a licensee can
    address growth or changes in demand. We note that we have proposed
    to use a wide-area licensing approach with the 4.9 GHz band.[^188]
    We seek comment on our tentative conclusion to use geographic areas
    to license the 3650-3700 MHz band.

66. Assuming we adopt a wide-area approach to licensing the 3650-3700
    MHz band, there are a number of geographic area options. In the past
    the Commission has licensed spectrum using the 306 MSAs and the 428
    RSAs. When combined, these two geographical service areas create the
    734 geographic areas that were originally used to license cellular
    service. The Commission has also licensed or proposed to license
    spectrum using other geographic service areas, such as Economic
    Areas ("EAs") and EA-like areas. There are 172 EAs, as defined by
    the U.S. Department of Commerce, and three additional
    Commission-defined EA-like areas.[^189] Specifically, the Commission
    has licensed the bands 37.0-38.6 GHz and 38.6-40.0 GHz using EAs and
    has used EAs to license the 24 GHz band.[^190] The Commission has
    also used larger geographic areas to license spectrum. For instance,
    the Commission licensed the 2.3 GHz band using the twelve Regional
    Economic Area Groupings ("REAs") and the 52 Major Economic Areas
    ("MEAs").[^191] REAs and MEAs are also based on the 172 EAs, as
    modified by the Commission. More recently, the Commission has chosen
    to license the bands 746-764 MHz and 776-794 MHz using the even
    larger Economic Area Groupings ("EAGs").[^192] There are six EAGs
    and these are as well based on EAs.

67. If we adopt a wide-area licensing approach to license the 3650-3700
    MHz band, we seek comment on the appropriate geographic area to be
    used and what impact this choice of service territory will have on
    the possible pairing of the 3650-3700 MHz band with the 4.9 GHz
    band. We are mindful of the competing need to provide large enough
    service areas for those wishing to provide national services in the
    3650-3700 MHz band, and possibly the 4.9 GHz band, and the need to
    choose a geographic licensing area that will permit the
    dissemination of 3650-3700 MHz licenses among a wide variety of
    applicants.[^193] We also wish to ensure service to rural
    areas[^194] and to promote investment in and rapid deployment of new
    technologies and services.[^195] We seek comment on the possibility
    of licensing part of the 3650-3700 MHz band and the 4.9 GHz band on
    a regional or national basis and the remaining part of the bands on
    a smaller scale.[^196] If commenters support licensing based on
    service territories other than those discussed above, they should
    discuss why other types of service areas are more appropriate.[^197]

68. We note that, whatever service area is used to license the 3650-3700
    MHz band, some of those service areas will be contained within the
    coordination zones for the grandfathered FSS earth stations sites
    and the three grandfathered Federal Government radiolocation
    operations sites. In the *Notice and Order* in this proceeding, we
    identified the location of the three grandfathered Government
    radiolocation sites[^198] and in the *Report and Order* we
    established an 80 kilometer coordination zone around each of these
    sites.[^199] Likewise, below we propose to establish coordination
    zones around the grandfathered FSS earth station sites.[^200] No
    matter what geographic licensing areas we choose to license in this
    band, we do not propose to adjust these licensing areas to take into
    account these coordination zones. Licensees will acquire their
    licenses with knowledge of these coordination requirements. We seek
    comment on this tentative conclusion.

69. We also seek comment on whether we should license the Gulf of Mexico
    as part of larger service areas, as we did for the upper 700 MHz
    bands, or whether we should separately license a service area or
    service areas to cover the Gulf of Mexico.[^201] Commenters who
    advocate a separate service area or areas to cover the Gulf of
    Mexico should discuss what boundaries should be used and whether
    special interference protection criteria or performance requirements
    are necessary due to the unique radio propagation characteristics
    and antenna siting challenges that exist for Gulf licensees.

70. We requested comment in the *Notice and Order* on the appropriate
    size for spectrum blocks in the 3650-3700 MHz band.[^202] We
    received numerous comments on this issue, with many commenters
    advocating the use of one 50 megahertz block[^203] while others
    recommend dividing up the 50 megahertz of spectrum into smaller
    blocks.[^204] For the reasons discussed above, we are seeking
    additional comment on the size of geographic licensing areas to be
    used to license the 3650-3700 MHz band, we also believe it is
    appropriate to seek additional comment on the size spectrum block or
    blocks that should be used to license this band. We are particularly
    interested in seeking comment on what size spectrum block or blocks
    should be used to license this band so as to facilitate the pairing
    of this band with the 4.9 GHz band. With this goal in mind, we seek
    comment on whether this spectrum should be auctioned in 50 megahertz
    block licenses. We seek to develop a record on whether 50 megahertz
    block licenses or smaller block licenses would provide licensees
    with more options for services in this band and the 4.9 GHz band.
    For instance, the choice of 50 megahertz block licenses might better
    facilitate provision of broadband services by licensees. On the
    other hand, smaller blocks, such as 5 MHz, may provide a valuable
    option for licensees relocating from the 18 GHz band.[^205]

71. We also request comment on whether we should adopt a licensing plan
    for this band that provides for different sized blocks. If we
    allocate spectrum in different sized blocks, licensees would not be
    required to acquire more spectrum than they need for their
    operations. This alternative approach could save time and resources,
    and also could expedite the development and offering of services. We
    further request comment on how various public objectives, such as
    the diversity of services offered to consumers, the adequacy of
    spectrum for flexible uses, the time necessary to implement the
    grants, and the ability of small businesses to provide niche
    services, may be achieved with a licensing scheme that uses a
    variety of blocks of different sizes. In addition, we request
    comment on whether the 3650-3700 MHz band should be licensed in
    paired spectrum blocks. Under this approach, we could pair 25
    megahertz spectrum blocks into licenses of 50 megahertz.

### License Term; Renewal Expectancy

72. Section 27.13 of the Commission\'s rules provides for authorizations
    for license terms not to exceed 10 years from the date of original
    issuance or renewal.[^206] Section 27.14 of the Commission\'s rules
    establishes a right to a renewal expectancy.[^207] We sought comment
    on whether to apply these license term and renewal expectancy
    provisions to the 4.9 GHz band and we seek comment on whether to
    apply them with respect to licensees in the 3650-3700 MHz
    band.[^208] We seek comment on whether a 10-year license term,
    combined with a renewal expectancy, will help to provide a stable
    regulatory environment that will be attractive to investors and
    thereby encourage development of this spectrum. We also seek comment
    on whether a license term longer than 10 years is appropriate to
    achieve these goals and better serve the public interest.[^209]
    Commenters who favor a license term in excess of 10 years should
    specify the appropriate license term and include a basis for the
    period proposed, and should address whether the same terms should
    apply to 4.9 GHz licensees.

73. Consistent with Part 27, we propose that in the event that a license
    is partitioned or disaggregated,[^210] any partitionee or
    disaggregatee shall be authorized to hold its license for the
    remainder of the original licensee\'s 10-year term, and the
    partitionee or disaggregatee may obtain a renewal expectancy on the
    same basis as other licensees in the 3650-3700 MHz band.[^211] We
    further propose that all licensees meeting the substantial service
    requirement will be deemed to have met this part of the renewal
    expectancy requirement regardless of which of the construction
    options the licensees have chosen. We tentatively conclude that this
    approach is appropriate because a licensee, through partitioning,
    should not be able to confer greater rights than it has been awarded
    under the terms of its license grant.[^212] We tentatively concluded
    that we should impose these provisions on 4.9 GHz licensees and,
    likewise, we tentatively conclude that we should impose these
    provisions on 3650-3700 MHz licensees. We seek comment on this
    tentative conclusion.

74. In addition, in the *4.9 GHz Notice*,[^213] we tentatively concluded
    that in order for a licensee involved in a comparative renewal
    proceeding[^214] to claim a renewal expectancy that licensee must
    include, at a minimum, the following showing required by Section
    27.14(c) of the Commission\'s rules:[^215]

-   A description of current service in terms of geographic coverage and
    population served or links installed.

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-   An explanation of the licensee\'s record of expansion, including a
    timetable for the construction of new base sites or links to meet
    changes in demand for service.

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-   A description of the licensee\'s investments in its system.

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-   Copies of any Commission orders finding the licensee to have
    violated the Communications Act or any Commission rule or policy,
    and a list of any pending proceedings that relate to any matter
    described by the requirements for the renewal expectancy.[^216]

    We likewise tentatively conclude that a licensee in the 3650-3700
    MHz band involved in a comparative renewal proceeding must, at a
    minimum, make this same showing in order to claim a renewal
    expectancy. We seek comment on this tentative conclusion. We also
    seek comment on how the deployment of earth stations within a
    licensee's service area should be taken into account in connection
    with renewal expectancy.

### Partitioning and Disaggregation of Licenses; Band Managers

75. As we did with respect to potential 4.9 GHz licensees, we hereby
    tentatively conclude that we should allow all 3650-3700 MHz
    licensees the flexibility to partition their service areas without
    any restriction, and to disaggregate their spectrum.[^217] We
    tentatively conclude that geographic partitioning and spectrum
    disaggregation can result in efficient spectrum use and economic
    opportunity for a wide variety of applicants, including small
    business, rural telephone, minority-owned, and women-owned
    applicants, as required by Section 309(j)(4)(C) of the
    Communications Act.[^218] We also tentatively conclude that our
    proposed approach will provide a means to overcome entry barriers
    through the creation of smaller licenses that require less capital,
    thereby facilitating greater participation by rural telephone
    companies and other smaller entities, many of which are owned by
    minorities and women.[^219]

76. Section 27.15 of the Commission\'s rules permits licensees seeking
    approval for partitioning and disaggregation arrangements to request
    authorization from the Commission for partial assignment of a
    license, and provides that licensees may apply to partition their
    licensed geographic service areas or disaggregate their licensed
    spectrum at any time following the grant of their licenses.[^220] In
    adopting the rule, the Commission decided to permit geographic
    partitioning of any service area defined by the partitioner and
    partitionee, to permit spectrum disaggregation without restriction
    on the amount of spectrum to be disaggregated, and to permit
    combined partitioning and disaggregation.[^221] The Commission
    concluded that allowing parties to decide without restriction the
    exact amount of spectrum to be disaggregated will encourage more
    efficient use of the spectrum and permit the deployment of a broader
    mix of service offerings, both of which will lead to a more
    competitive wireless marketplace.[^222] We request comment on our
    proposal that licensees in the 3650-3700 MHz band be eligible to the
    same extent to partition service areas and disaggregate spectrum. We
    also request comment on what limits, if any should be placed on the
    ability of licensees to partition service areas and disaggregate
    spectrum.

77. Section 27.15(b)(1) of the Commission's rules provides that, in the
    case of partitioning, applicants and licensees must file FCC Form
    603 and list the partitioned service area on a schedule to the
    application.[^223] Section 27.15(c) contains provisions against
    unjust enrichment in order to address situations where a licensee
    under Part 27 who received a bidding credit partitions a section of
    its service area or disaggregates a portion of its spectrum to an
    entity that would not qualify for a similar bidding credit.[^224] We
    propose to apply these provisions, as well as the remaining
    provisions governing partitioning and disaggregation in Section
    27.15 of the Commission\'s rules, to 3650-3700 MHz licensees.

78. We also seek comment on our proposal to apply the methods that the
    Commission adopted in the *Part 27 Report and Order* for parties to
    partitioning, disaggregation, or combined partitioning and
    disaggregation agreements to meet construction requirements.[^225]
    Specifically, we propose to allow parties to partitioning agreements
    to choose between two options for satisfying the construction
    requirements.[^226] Under the first option, the partitioner and
    partitionee would each certify that it will independently satisfy
    the substantial service requirement for its respective partitioned
    area. If a licensee fails to meet its substantial service
    requirement during the relevant license term, the non-performing
    licensee\'s authorization would be subject to cancellation at the
    end of the license term. Under the second option, the partitioner
    certifies that the requirement has been or will be met for the
    entire market. If the partitioner fails to meet the substantial
    service standard during the relevant license term, only its license
    would be subject to cancellation at the end of the license term. The
    partitionee\'s license would not be affected by such failure.

79. Our proposal to offer two options to partitioning parties is based
    on our tentative conclusion that licensees in the 3650-3700 MHz band
    may be motivated to enter into partitioning arrangements for
    different reasons and under various circumstances. For example, a
    3650-3700 MHz licensee might partition its license in order to
    reduce its construction costs. In that case, the original licensee
    would have less population to cover in order to meet its substantial
    service requirement. Thus, it may find the first option more
    attractive for its purposes. Under another scenario, a 3650-3700 MHz
    licensee who has met or is close to meeting its substantial service
    requirement may be approached by another entity interested in
    serving a niche market in a portion of the service area. Under these
    circumstances, the second option may seem more attractive to the
    parties. In either instance, the public interest is advanced by
    permitting that flexibility, in terms of service areas and niche
    markets, conducive to optimizing the viability and value of the
    licenses partitioned while precluding circumvention of our
    construction requirements.[^227]

80. Finally, we propose to allow parties to disaggregation agreements to
    choose between two options for satisfying the construction
    requirements.[^228] Under the first option, the disaggregator and
    disaggregatee would certify that they will share responsibility for
    meeting the substantial service requirement for the geographic
    service area. If parties choose this option, both parties\'
    performance will be evaluated at the end of the relevant license
    term and both licenses could be subject to cancellation. The second
    option would allow the parties to agree that either the
    disaggregator or the disaggregatee would be responsible for meeting
    the substantial service requirement for the geographic service area.
    If parties choose this option, and the party responsible for meeting
    the construction requirement fails to do so, only the license of the
    non-performing party would be subject to cancellation. As with
    partitioned licenses, providing these options preserves the public
    interest in developing the spectrum to the same degree as that
    required had the disaggregation (or partitioning) not
    occurred.[^229]

81. We seek comment on whether the use of band manager licensing may
    also be an appropriate alternative method of accomplishing the
    objectives that we strive to achieve through our partitioning and
    disaggregation rules. Band managers would be a class of Commission
    licensee that would engage in the business of making spectrum
    available for use by others through private, written contracts. We
    seek comment generally on the possible use of band managers in the
    3650-3700 MHz band, and in the 4.9 GHz band should we find that the
    public interest supports the pairing of these bands. Should we
    decide to license band managers for this spectrum, we seek comment
    on whether licensees should be permitted to choose to operate either
    as band managers (*i.e*., spectrum brokers), or as traditional
    licensees, or both. In the alternative, some or all of the
    frequencies could be authorized exclusively for band manager
    licensing. We invite comment on the advantages and disadvantages of
    band manager licensing and the approaches identified above. We also
    seek comment on all the rules that should apply to band
    managers.[^230]

### Performance Requirements

82. Section 27.14(a) of the Commission\'s rules requires 2.3 GHz
    licensees to provide "substantial service" in their service areas
    within 10 years of being licensed, and also states that a failure to
    meet this requirement will result in forfeiture of the license and
    the licensee\'s ineligibility to regain it.[^231] This section
    defines substantial service "as service which is sound, favorable,
    and substantially above a level of mediocre service which just might
    minimally warrant renewal."[^232] The *Part 27 Report and Order*
    provided several examples of safe harbors that would demonstrate
    substantial service.[^233] Later, for LMDS, the Commission adopted
    the same build-out requirement and safe harbor provisions.[^234]
    Recently, the Commission adopted these same safe harbor provisions
    for the 747-762 MHz and 777-792 MHz bands.[^235] As we did for the
    4.9 GHz band, we propose that licensees in the 3650-3700 MHz band be
    governed by the same construction standards, including the same safe
    harbor provisions.[^236] We also propose an FSS build-out
    requirement for those 3650-3700 MHz licensees who choose not to use
    their licenses for fixed and mobile services and instead use the
    spectrum to provide FSS under Part 25 of the Commission\'s rules.

83. Our construction proposal includes the requirement that licensees
    submit an acceptable showing to the Commission at the end of the
    license period demonstrating that they have provided substantial
    service during the license term or are providing substantial service
    at the end of the term.[^237] We propose to amend Part 27 to adopt
    the following safe harbors that would be applicable to 3650-3700 MHz
    licensees.[^238] In order to constitute substantial service,
    licensees would have to meet one of the following:

-   For a licensee who chooses to offer fixed, point-to-point services,
    the construction of four permanent links per one million people in
    its licensed service area during its license term or at the
    license-renewal mark would constitute substantial service.

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-   For a licensee who chooses to offer fixed, point-to-multipoint
    services, a demonstration of coverage to 20 percent of the
    population of its licensed service area during its licensed term or
    at the license-renewal mark would constitute substantial service.

-   For a licensee that chooses to offer a fixed-satellite service,
    construction of one earth station per licensed service area during
    its license term or at the license-renewal mark would constitute
    substantial service.

84. The second safe harbor proposal concerning fixed,
    point-to-multipoint services would include 3650-3700 MHz licensees
    that use the band to provide mobile services. This is because the
    band is limited to mobile base station use. Mobile services in the
    band would essentially be a fixed, point-to-multipoint service. We
    recognize that this safe harbor proposal for licensees who choose to
    offer fixed, point-to-multipoint services is different from the safe
    harbor standard adopted for the 24 GHz band.[^239] Unlike at 24 GHz,
    however, there is presently no domestic terrestrial fixed or mobile
    commercial use of the 3650-3700 MHz band. For 3650-3700 MHz
    licensees, therefore, there might be equipment availability issues
    that do not exist for 24 GHz licensees.

85. The third safe harbor proposal concerns the situation where a
    3650-3700 MHz licensee who aquires its license pursuant to the rules
    we adopt for fixed and mobile services uses this spectrum to provide
    FSS service on a secondary basis in the band. As stated earlier,
    this licensee would have to comply with the Part 25 application and
    licensing rules related to FSS and earth stations. However, without
    the third safe harbor proposal, this licensee would lose its Part 27
    license at the end of its license renewal mark. The FSS safe harbor
    proposal, therefore, makes clear that a 3650-3700 MHz licensee that
    uses this spectrum to provide FSS will not lose its license at the
    end of its license term as long as the licensee constructs one earth
    station per licensed service area during its license term or at its
    license-renewal mark.

86. Our safe harbor proposals are intended to provide licensees an
    opportunity to achieve certainty as to compliance with the
    substantial service requirement during or by the end of the initial
    license term. If they comply with the safe harbors, they will have
    met the substantial service requirement. In addition, the
    substantial service requirement could be met in other ways, and we
    propose to review licensees\' showings on a case-by-case
    basis.[^240] In reviewing licensees\' showings, we propose to
    consider such factors as whether the licensee is offering a
    specialized or technologically sophisticated service that does not
    require wide coverage to be of benefit to customers,[^241] and
    whether the licensee\'s operations serve niche markets or focus on
    serving populations outside of areas served by other
    licensees.[^242] Although licensees will have incentives to
    construct facilities to meet the service demands in their licensed
    service areas, we tentatively conclude that the minimum requirements
    we propose for the 3650-3700 MHz band will promote efficient use of
    the spectrum, encourage the provision of service to rural, remote,
    and insular areas, and prevent the warehousing of spectrum.

87. We tentatively conclude that these build-out provisions fulfill our
    obligations under Section 309(j)(4)(B) of the Communications
    Act.[^243] This section requires the Commission in implementing
    auction procedures to include "safeguards to protect the public
    interest in the use of the spectrum" and performance requirements
    "to ensure prompt delivery of service to rural areas, to prevent
    stockpiling or warehousing of spectrum by licensees or permittees,
    and to promote investment in and rapid deployment on new
    technologies and services."[^244] We tentatively conclude that the
    licensing, service and technical rules that we are proposing for the
    3650-3700 MHz band, along with our overall competition and universal
    service policies, constitute effective safeguards to protect the
    public interest in the use of the spectrum. The performance
    requirements that we are proposing for this band should ensure that
    the spectrum is used and promote investment in and rapid deployment
    of new technologies and services. We also believe that, combined
    with the universal service policies of the Telecommunications Act of
    1996 (\"1996 Act\"),[^245] service to rural areas may be furthered
    by our proposal to allow partitioning of service areas and
    disaggregation of spectrum and by our proposal, as outlined
    above,[^246] to permit parties to disaggregation and partitioning
    agreements to negotiate between themselves the responsibility for
    meeting the applicable construction requirements.

88.  Finally, as we proposed with respect to the 4.9 GHz band, we intend
    to reserve the right to review our construction requirements in the
    future if we receive complaints related to Section 309(j)(4)(B), or
    if a reassessment is warranted because spectrum is being warehoused
    or is otherwise not being used despite demand.[^247] We will also
    reserve the right to impose additional, more stringent construction
    requirements on licenses in the future in the event that actual
    anticompetitive or universal service problems develop. We solicit
    comment on these proposals and views regarding performance
    requirements. In addition, if commenters believe that pairing the
    3650-3700 MHz band and the 4.9 GHz band is necessary or appropriate,
    we seek comment on whether our safe harbor proposals should be
    modified and what would be appropriate safe harbors.

### Equal Employment Opportunity

89. Part 27 does not explicitly require licensees to afford equal
    opportunity in employment. Nor does Part 24 contain an Equal
    Employment Opportunity (EEO) provision.[^248] We note that there are
    specific EEO provisions for fixed service providers in Parts 21 and
    101, including both common carrier and non-common carrier LMDS
    licensees;[^249] and for common carrier mobile service providers in
    Parts 22 and 90 of the Commission\'s rules, though these latter
    provisions do not apply to PMRS providers because they are not
    common carriers.[^250] In addition, Part 25 contains EEO rules for
    entities that use an owned or leased fixed-satellite service
    facility to provide more than one channel of video programming
    directly to the public.[^251]

90. Just as we did with respect to the 4.9 GHz band, we seek comment
    regarding whether to include an EEO provision in the Commission\'s
    rules applicable to services in the 3650-3700 MHz band and, if so,
    which of the Commission\'s EEO rules we should adopt.[^252]
    Commenters should address the advisability of having different EEO
    requirements depending on the service a licensee provides.
    Commenters supporting the adoption of EEO requirements should
    address what statutory authority should be invoked to support these
    requirements and how these rules should be tailored to satisfy
    constitutional requirements.[^253]

## Technical Rules

91. In the *Notice and Order*, we sought comment on technical issues
    related to the proposed allocation of the 3650-3700 MHz band for FS
    operations.[^254] While we have considered the comments received to
    date, we do not believe that a sufficient record has been
    established for us to adopt technical rules at this time.[^255]
    Furthermore, in light of our final allocation plan for the 3650-3700
    MHz band and the new regulatory scheme proposed in this *Second
    Notice*, we now make specific proposals regarding technical rules.
    We seek to establish a new record based on these proposals.
    Specifically, we seek comment on adopting the Commission\'s Part 27
    technical standards for fixed and mobile operations in the 3650-3700
    MHz band, with appropriate modifications to reflect the particular
    characteristics and circumstances of this band.

92. The application of general provisions of Part 27 would include
    technical standards relating to power limits, out-of-band emission
    limits, frequency stability, international coordination, antenna
    structures and air navigation safety, disturbance of AM broadcast
    station antenna patterns, radiofrequency (RF) safety standards, and
    equipment authorization.[^256] In addition to the requirements in
    Part 27, we seek comment on proposals for additional technical
    requirements that may be necessary to allow terrestrial service
    operations to co-exist with the incumbent non-Federal Government FSS
    earth stations and the Federal Government radiolocation operations
    in the 3650-3700 MHz band, as well as the high-powered Federal
    Government mobile radar systems in the adjacent 3300-3650 MHz band.

### In-Band Interference Control

#### Fixed and Mobile Services in the 3650-3700 MHz band

93. Part 27 of the Commission\'s rules provides limits on the field
    strength of signals at a licensee\'s border area unless the adjacent
    licensees agree to a higher field strength limit at their shared
    border.[^257] The Commission has permitted similar flexibility in
    other frequency bands such as cellular service, Personal
    Communications Service, and Wireless Communications Service ("WCS").
    In these cases, the Commission generally has addressed the control
    of co-channel interference between licensees in adjacent geographic
    regions by establishing field strength limits at the edge of the
    service areas and encouraging licensees to resolve interference
    problems on their own before coming to the Commission.[^258]

94. Given that the mobile allocation in the 3650-3700 MHz band is
    limited to base stations which operate from a fixed location, we
    tentatively propose that technical requirements selected for the FS
    will also apply to the mobile service in this band. We seek comment
    on this conclusion.

95. In the absence of a consensus on an appropriate limit on field
    strength at a service area boundary, the Commission has relied on
    the use of coordination procedures to avoid harmful interference
    between the operations of licensees in adjacent service areas.[^259]
    Specifically, licensees are required to coordinate pursuant to the
    appropriate provisions of Section 101.103 of the Commission\'s rules
    when they construct new facilities or modify existing facilities
    within a certain distance of the edge of their licensed service
    areas.[^260] Through coordination, many steps can be taken to limit
    or prevent interference, such as use of robust technologies,
    partitioning the use of frequencies, taking advantage of terrain
    shielding and other propagation effects, and use of directional
    antennas.

96. We believe that either a coordination or field strength method, when
    properly applied, can provide a satisfactory means of controlling
    harmful interference between adjacent licensee\'s systems. There may
    be reasons to prefer one method over the other in the 3650-3700 MHz
    band. Specifically, a general coordination requirement may minimize
    the potential for interference to coordinated facilities, but may
    impose unnecessary coordination costs for facilities with a low
    potential for interference. Additionally, a coordination procedure
    may increase the potential for undesirable strategic or
    anti-competitive behavior. Alternatively, a field strength limit may
    reduce the need for coordination by giving licensees the ability to
    deploy unilaterally facilities in boundary areas as long as the
    field strength limit is satisfied, but by itself may provide
    insufficient assurance against interference to such facilities. A
    boundary field strength limit may require some degree of
    coordination and joint planning between bordering licensees to
    ensure efficient spectrum use on each side of the boundary.

97. We seek comment on the advantages and disadvantages of both
    approaches, or possibly, other approaches that combine elements of
    both a boundary field strength limit and a coordination requirement
    for controlling interference across geographic boundaries between
    3650-3700 MHz operations. Parties should address the degree to which
    each method would provide adequate interference protection. We
    request comment on the kinds of incentives each method may present
    for undesirable strategic or anti-competitive behavior and the
    effect on licensee cost.

98. Regarding whether a general coordination approach should be used,
    comments are invited on specific aspects of procedures, such as
    those contained in Section 101.103 of the Commission's rules that
    should apply. [^261] While we suggest that Section 101.103 can serve
    as a useful framework for coordination in the 3650-3700 MHz band,
    our objective is to ensure that licensees receive protection from
    harmful interference with the minimum regulation necessary. If we
    ultimately adopt a general coordination approach, we tentatively
    conclude that such coordination would be required with co-channel
    fixed or mobile service licensees in adjacent geographic service
    areas and with adjacent channel licensees in adjacent geographic
    service areas, as well as the same or overlapping area. We propose
    to have each licensee coordinate with licensees in other relevant
    areas and develop agreements to that effect.

99. In other proceedings, the Commission has based coordination on fixed
    distances between the station and the licensee\'s service area
    boundary.[^262] For the 3650-3700 MHz band, we propose to require
    that licensees coordinate their facilities whenever their facilities
    have line of sight into co-channel licensee facilities.[^263] Under
    this proposal, coordination would have to be successfully completed
    before operation is permitted. In the event that there is no
    3650-3700 MHz licensee immediately present in adjacent or
    overlapping areas, the fixed or mobile licensee must be prepared to
    coordinate its stations in the future in order to accommodate other
    adjacent area licensees to ensure cooperative and effective use of
    the 3650-3700 MHz band in each service area.

100. If commenters believe that we should apply a field strength limit
     at service area boundaries for the 3650-3700 MHz band as a means to
     control interference to neighboring systems, then an analysis
     should be presented to justify any proposed value. In the *Notice
     and Order*, we indicated that a field strength value of 54 dBµV/m
     may be an appropriate field strength for FS operations in the
     3650-3700 MHz band.[^264] We note that other maximum field
     strengths have been adopted by the Commission for other services,
     such as, 47 dBµV/m for PCS, and 40 dBµV/m for 700 MHz WCS
     licensees.[^265]

101. In the *Notice and Order*, we sought comment on the alternative
     possibility of subjecting fixed stations to operating limits
     similar to those now employed for Broadband PCS, *i.e.*, a base
     station height/power limit of 1640 watts peak effective
     isotropically radiated power (\"EIRP\") with an antenna height up
     to 300 meters.[^266] There was a lack of consensus in comments
     filed in response to the *Notice and Order*. We seek comment on
     what, if any, power limits (in terms of EIRP or effective radiated
     power (ERP)) and antenna height restrictions are necessary or
     appropriate under either a coordination or field strength limit
     approach.

#### Coordination with Fixed Satellite Service Operations in the 3650-3700 MHz Band[^267]

102. In the *Notice and Order*, we recognized the need to protect FSS
     earth station reception of very weak signals transmitted by
     geostationary orbit satellites in the 3650-3700 MHz band.[^268]
     However, we were not inclined to adopt the sharing criteria used in
     the adjacent 3700-4200 MHz band and instead proposed to restrict FS
     power.[^269] We based this conclusion on the assumption that the
     coordination procedures used for the 3700-4200 MHz band would
     require large coordination distances that could unnecessarily
     constrain the deployment of fixed service in 3650-3700 MHz.[^270]
     Comsearch objects to our proposal and instead suggests use of the
     coordination procedures contained in Part 25 of the Commission's
     rules, which are based on Appendix S7 of the International
     Telecommunication Union ("ITU") Radio Regulations.[^271] Comsearch
     notes that these procedures have resulted in sharing at distances
     much less then the coordination contour radius, and that given
     certain technical parameters, earth stations have actually been
     located near the base of FS sites operating in the same band.[^272]

103. We find that Comsearch's arguments have merit and believe that
     coordination procedures may allow greater flexibility than
     regulated power limits as proposed in the *Notice and Order*.[^273]
     Given the need to protect grandfathered FSS sites from harmful
     interference caused by terrestrial service operations in this band,
     we tentatively conclude that coordination zones (based on ITU
     Appendix S7) will be required for terrestrial service operations
     located within 200 kilometers (approximately 125 miles) of
     grandfathered FSS sites. Given the proposed ERP limit for fixed and
     mobile service operations in the 3650-3700 MHz band, we tentatively
     find that the distance cutoff for coordination of 200 kilometers is
     appropriate. This proposed coordination procedure will provide for
     line of sight coordination protection to grandfathered FSS earth
     stations and take into account elevation angle, terrain shielding
     and over the horizon distances from grandfathered FSS earth station
     sites to proposed fixed and mobile service operations. We seek
     comment on this coordination proposal and whether alternative
     coordination procedures should be considered for the terrestrial
     service operations to provide interference protection to
     grandfathered FSS sites in the 3650-3700 MHz band. Further, given
     that we permit flexibility for FSS earth station use, the
     coordination procedures should take into account any possible
     future changes to the FSS earth station facilities, including
     possible future polarization and receive antenna orientation
     changes. With respect to changes in antenna orientation, one
     possible coordination method would be to protect the earth
     station\'s orientation, plus a fixed arc adjacent to that
     orientation. This would provide certainty for terrestrial
     licensees, by quantifying the exclusion zone around the earth
     station. Another option would be to permit changes in the antenna
     orientation of grandfathered earth stations, subject to acceptance
     of interference from any existing terrestrial facilities, such that
     the exclusion zone of the modified earth station would only reflect
     the earth station\'s actual facilities. We seek comment on these
     and any other options. In addition, commenters seeking to propose
     alternative distances for coordination zones should submit detailed
     technical information on how the zone size should be determined.

104. We propose that terrestrial service operations located within these
     200 kilometer coordination zones utilize the technical information
     contained in Appendix S7 of the ITU Radio Regulations to determine
     if any interference would be caused to grandfathered FSS earth
     station facilities from the proposed terrestrial service
     operations.[^274] If the terrestrial service licensee believes that
     no interference will be caused by the proposed operations, then the
     study and additional information relating to the technical aspects
     of the fixed or mobile service operations required by Appendix S7
     of the ITU Radio Regulations will be sent to the affected
     grandfathered FSS earth station licensee. We propose to allow the
     grandfathered FSS earth station licensee 30 days to respond to the
     fixed or mobile service licensee\'s proposed operation. The FSS
     licensee\'s response should be submitted as quickly as possible and
     contain specific technical details concerning potential
     interference. Both licensees would be expected to make every
     reasonable effort to eliminate all problems or conflicts. In
     addition, we tentatively conclude that if no response is received
     within 30 days, the proposed FS operations will be deemed to have
     made reasonable efforts to coordinate its proposed operations. We
     seek comment on these proposed coordination procedures.

105. Under our proposal, operations at new FSS sites in the 3650-3700
     MHz band will be secondary, and thus would not be afforded any
     protection from interference from primary fixed or mobile service
     operations. Accordingly, we find that the same coordination
     procedures as those proposed above are not necessary for secondary
     FSS operations.

106. While an FSS operator who does not hold a license in the band may
     effectively seek to obtain protection for its earth station
     facility through a private arrangement reached with the fixed or
     mobile service licensee in the relevant service area or service
     areas, such an arrangement would not in any way change coordination
     requirements. We want to make it clear that secondary FSS
     operations in the 3650-3700 MHz band cannot achieve primary status
     by negotiating with a terrestrial service licensee to allow
     placement of an FSS earth station within the terrestrial service
     licensee\'s service area. Simply stated, any agreement with a
     primary terrestrial service licensee does not carry any
     interference protections from the Commission for the secondary FSS
     earth station. Furthermore, we wish to stress that the primary
     fixed or mobile service licensee remains ultimately responsible for
     any interference caused to primary services in adjacent areas. We
     seek comment on these findings.

#### Coordination with Federal Government Operations in the 3650-3700 MHz Band

107. As noted above in the *Report and Order*, NTIA requires a
     coordination distance of 80 kilometers around the three
     grandfathered Federal Government radiolocation sites to provide
     adequate identification of spectrum conflicts that may arise
     between the Federal Government radiolocation service and the
     non-Federal Government fixed, mobile and FSS operations in the
     3650-3700 MHz band.[^275] We note that this requires any
     non-Federal Government fixed, mobile or FSS station located within
     80 kilometers of the three-grandfathered Federal Government
     radiolocation sites to be coordinated with NTIA\'s Frequency
     Assignment Committee (\"FAS\"). Currently, we are not aware of any
     grandfathered FSS operations that are located within 80 kilometers
     of the three-grandfathered Federal Government radiolocation sites.
     However, the grandfathered Federal Government radiolocation site at
     St. Inigoes, Maryland is encompassed, either partially or fully
     within several 200-kilometer coordination contours for
     grandfathered FSS earth stations from three sites. As a result,
     potential fixed or mobile service licensees for these areas will
     need to be aware that any operation will need to be coordinated for
     the presence of the grandfathered Federal Government radiolocation
     site and the grandfathered FSS earth stations.

108. The Commission handles the coordination between Government and
     non-Government entities in shared use bands. When an application
     for a station license is filed in a geographic area where such
     coordination is required, the Commission's licensing system
     automatically identifies the application as requiring coordination
     with the Government. The relevant technical and other data are then
     sent to the NTIA FAS for comment. If no objections are received
     within a specified time period, the Commission grants the
     application if it is otherwise acceptable. This approach works well
     when a service is licensed on a site-by-site basis. However,
     because we are considering licensing the 3650-3700 MHz band on
     wide-area basis, licensees would not normally be required to submit
     technical data for each individual site. Therefore, we could not go
     through the usual coordination process in those cases where it is
     necessary. Accordingly, we are proposing that licensees planning to
     construct facilities in the 3650-3700 MHz band within 80 km of the
     three grandfathered Government radiolocation sites be required to
     submit data to the Commission to allow coordination of their
     facilities. For each site requiring prior coordination, the
     licensee would be required to notify via the ULS any facility
     within the coordination zone by providing technical data including
     latitude, longitude, station type, frequency range, antenna height,
     power, and types of emissions.[^276] Licensees would not be
     permitted to operate such facilities within the coordination zone
     until they obtain a response from the Commission indicating that
     there are no objections from the Government. We request comment on
     this proposal.

109. As requested by NTIA, we have maintained an allocation for Federal
     Government radiolocation for stations operating at least 44
     nautical miles out at sea on a non-interference basis. Because this
     allocation is on a non-interference basis, we tentatively conclude
     that coordination procedures are not necessary for these Federal
     Government radiolocation operations. Rather, we believe it is
     incumbent upon NTIA to ensure that Federal Government radiolocation
     operations at sea do not cause [any]{.underline} harmful
     interference to non-Federal Government services in the 3650-3700
     MHz band, regardless of the distance the Federal Government
     radiolocation station is away from the shore. We seek comment on
     these conclusions.

### Adjacent Band Interference Control

#### Upper Adjacent Band: 3700-4200 MHz

110. The 3700-4200 MHz band is allocated to the FS and FSS on a
     co-primary basis. Given the need to protect adjacent FSS earth
     stations reception we sought comment on whether the proposed out of
     band emission limit of 43 + 10log(p) dB that applies to broadband
     PCS should be applied to FS operations in the 3650-3700 MHz
     band.[^277] Commenters were divided on the proposed out of band
     emissions limit. Specifically, FSS operators requested that a
     stricter limit of 60 + 10log(p) dB be placed on FS operations in
     the 3650-3700 MHz band.[^278] In addition, Nortel recommends that
     we require that at the edge of the 50 megahertz block in any 30 kHz
     bandwidth, unwanted emission spectral power density be attenuated
     by at least (i) 10 dB at the band edge; (ii) 25 dB at 200-400 kHz
     from the band edge; (iii) 25 dB at 400 kHz to 50 dB at 3.0 MHz
     offset, linearly interpolated; (iv) 50 dB beyond 3 MHz from the
     band edge or in any one MHz band which is removed more than 250% of
     the necessary bandwidth at least 43 + 10 log (Pmean) dB or 80 dB
     whichever is less stringent, where Pmean is the mean output power
     of the transmitter in watts.

111. Part 101 of the Commission\'s rules contains a section relating to
     emission limits for FS equipment that operate, with higher ERP
     limits, in the adjacent 3700-4200 MHz band.[^279] We note that the
     emission limit set forth in Section 101.111 is more flexible than
     the emission limit proposed by Nortel. As a result, we propose to
     require that terrestrial service equipment operating in the
     3650-3700 MHz band comply with the emission limits already in place
     for FS operation in the adjacent 3700-4200 MHz band. We request
     comment on this proposal and the proposed alternative emission
     limits advanced by Nortel and FSS operators and any additional
     methods that we could utilize to minimize the possibility of fixed
     or mobile service operations in the 3650-3700 MHz band causing
     interference to adjacent band FSS operations in the 3700-4200 MHz
     band.

112. The FS operations in the adjacent 3700-4200 MHz band can be
     authorized with EIRP values of up to 55 dBW and should, in general,
     not be as susceptible to interference from the lower powered
     terrestrial services in the adjacent 3650-3700 MHz band. However,
     we request comment on any mitigating factors, such as the potential
     need for coordination of terrestrial service operations in the
     3650-3700 MHz band with FS operations in the 3700-4200 MHz band, or
     rules that should be applied to terrestrial service operation in
     the 3650-3700 MHz band to ensure that their operations do not cause
     interference to adjacent FS operations in the 3700-4200 MHz band.

113. In the *Notice and Order*, we sought comment on whether Very Small
     Aperture Terminals (\"VSATs\") should be precluded from operating
     in spectrum immediately adjacent to the new FS allocation by
     requiring a 3.5 meter diameter minimum antenna size for earth
     stations licensed to receive the 3700-3720 MHz segment.[^280] In
     comments, FSS operators opposed such a restriction as premature and
     unnecessary.[^281] Comsearch stated that the FSS earth station
     receiver IF filtering would be primarily responsible for rejecting
     adjacent band interference.[^282] In addition, PanAmSat stated that
     as a technical matter it is not the case that larger FSS earth
     stations can avoid out-of-band emissions any better than small
     earth stations when the out-of-band emissions are emanating from
     ubiquitous terminals in an adjacent band.[^283] PanAmSat indicated
     that out-of-band emissions could only be reduced through RF
     filtering at the output of 3650-3700 MHz transmitters, at the input
     of 3700-4200 MHz receivers, or both.[^284] Given these comments we
     tentatively conclude that the size of the VSAT antenna will not be
     the determining factor in an earth station\'s ability to reject
     interference from adjacent band signals. Instead, we believe, as
     Comsearch and PanAmSat indicated, that the signal rejection
     capability of FSS earth stations would be based upon the receivers
     filtering capabilities. Therefore, we find that there is no need to
     restrict the usage of VSATs or the size of the antennas used with
     VSATs in the 3700-3720 MHz band. We request comment on these
     tentative conclusions.

#### Lower Adjacent Band: 3300-3650 MHz

114. Any new service in the 3650-3700 MHz band will have to co-exist
     with high-powered Federal Government mobile radar systems operating
     in the lower adjacent 3300-3650 MHz band. One option for mitigating
     adjacent band interference issues is the establishment of a guard
     band. However, given the limited amount of spectrum available in
     the 3650-3700 MHz band, we tentatively conclude that this approach
     is not feasible. We seek comment on this conclusion.

115. In December 1999, NTIA released a report on the technical
     characteristics of Government systems operating in the lower
     adjacent band.[^285] In that report, NTIA suggested engineering
     techniques to mitigate potential interference with systems in
     3650-3700 MHz band. Specifically, NTIA recommends that, in order to
     achieve satisfactory commercial service in the 3650-3700 MHz band,
     the Commission "adopt effective transmitter emission and receiver
     selectivity standards to minimize interference to and from Federal
     Government systems operating in the adjacent band."[^286] In the
     *Notice and Order*, we declined to propose receiver standards[^287]
     based on the position that this matter is best left to market
     forces. Sprint supported this position and asserted that market
     forces will guide the development of innovative technology and the
     design of equipment.[^288] We continue to believe that making
     appropriate technical information about the use of the 3300-3650
     MHz band available to equipment manufacturers is the best method to
     ensure that they will be able to take into account the
     electromagnetic environment when designing and building equipment
     for use in the 3650-3700 MHz band. We believe that this will
     encourage the development and deployment of innovative equipment
     that will be able to coexist with the high-powered in-band and
     adjacent band Federal Government radar operations. We seek further
     comment on this conclusion.

116. NTIA also asserts that the most effective technique for precluding
     electromagnetic interference (\"EMI\") from adjacent band radar
     systems to FSS earth stations is the careful selection of the earth
     station receive site.[^289] NTIA indicates that sites should be
     selected that provide adequate distance separation or site
     shielding between, for example, an FSS earth station antenna and
     any high power radar transmitter in the environment. NTIA also
     indicates that based upon the EMI cases investigated to date, EMI
     from receiver front-end overload can be precluded by improving the
     receiver's RF selectivity with additional filtering. As noted
     above, we have declined to propose receiver standards for FS
     equipment that will operate in the 3650-3700 MHz band. However, we
     wish to draw the attention of terrestrial service equipment
     manufacturers and prospective bidders to the technical
     specifications, for Federal Government radiolocation systems that
     operate in the 3100-3700 MHz band, that are contained in the NTIA
     Radiolocation Report.[^290]

### RF Safety[^291]

117. Section 27.52 of the Commission\'s rules[^292] subjects licensees
     and manufacturers to the RF radiation exposure requirements
     specified in Sections 1.1307(b), 2.1091, and 2.1093 of the
     Commission\'s rules, which list the services and devices for which
     an environmental evaluation must be performed.[^293] In adopting
     the rule, the Commission concluded that routine environmental
     evaluations for RF exposure are required by applicants desiring to
     use the following types of transmitters: (1) fixed operations,
     including base stations and radiolocation transmitters, when the
     effective radiated power (ERP) is greater than 1,000 watts; (2) all
     portable devices; and (3) mobile devices, if the ERP of the
     station, in its normal configuration, will be 1.5 watts or
     greater.[^294]

118. With regard to RF safety requirements, we propose to treat services
     and devices in the 3650-3700 MHz band in a comparable manner to
     other services and devices that have similar operating
     characteristics. We tentatively conclude that the requirements in
     Section 27.52 that the Commission adopted for licensees in the 2.3
     GHz band will apply to the same extent to licensees in the
     3650-3700 MHz band. As the Commission has previously stated, the
     Commission is providing guidance on acceptable methods of
     evaluating compliance with the Commission\'s exposure limits in OET
     Bulletin No. 65, which has replaced OST Bulletin No. 65.[^295]

119. The Commission adopted the 1,000 watts ERP threshold for 2.3 GHz to
     recognize the flexibility with respect to use, power, location, and
     other factors that was accorded licensees operating in that band,
     and determined that this power limit was appropriate to ensure
     compliance with the Commission\'s RF exposure standards for most
     situations.[^296] Moreover, the Commission found the 1,000 watts
     ERP threshold consistent with its existing rules for transmitters
     and devices of comparable use and similar operating frequencies.
     For the same reasons, we propose to adopt the 1,000 watts ERP
     threshold for operations in the 3650-3700 MHz bands. We invite
     comment on this proposals and any alternatives.

## Competitive Bidding Procedures

### Incorporation by Reference of the Part 1 Standardized Auction Rules

120. We propose to conduct the auction of initial licenses in the
     3650-3700 MHz band in conformity with the general competitive
     bidding rules set forth in Part 1, Subpart Q, of the Commission\'s
     rules, and substantially consistent with the bidding procedures
     that have been employed in previous auctions.[^297] Specifically,
     we propose to employ the Part 1 rules governing competitive bidding
     design, designated entities, application and payment procedures,
     reporting requirements, collusion issues, and unjust
     enrichment.[^298] Under this proposal, such rules would be subject
     to any modifications that the Commission may adopt in the Part 1
     proceeding.[^299] In addition, consistent with current practice,
     matters such as the appropriate competitive bidding design for the
     auction of 3650-3700 MHz band licenses, as well as minimum opening
     bids and reserve prices, would be determined by the Wireless
     Telecommunications Bureau ("Bureau") pursuant to its delegated
     authority.[^300] We seek comment on whether any of our Part 1 rules
     or other auction procedures would be inappropriate in an auction of
     licenses in the 3650-3700 MHz band. We also seek comment on
     whether, if the 4.9 GHz band were to be paired with the 3650-3700
     MHz band, any of our Part 1 rules or other auction procedures would
     be inappropriate in an auction for licenses in these two bands.

### Provisions for Designated Entities

121. In authorizing the Commission to use competitive bidding, Congress
     mandated that the Commission "ensure that small businesses, rural
     telephone companies, and businesses owned by members of minority
     groups and women are given the opportunity to participate in the
     provision of spectrum-based services."[^301] In addition, Section
     309(j)(3)(B) of the Act provides that in establishing eligibility
     criteria and bidding methodologies the Commission shall promote
     "economic opportunity and competition . . . by avoiding excessive
     concentration of licenses and by disseminating licenses among a
     wide variety of applicants, including small businesses, rural
     telephone companies, and businesses owned by members of minority
     groups and women."[^302]

122. In the *Competitive Bidding Second Memorandum Opinion and Order*,
     the Commission stated that it would define eligibility requirements
     for small businesses on a service-specific basis, taking into
     account the capital requirements and other characteristics of each
     particular service in establishing the appropriate threshold.[^303]
     The *Part 1 Third Report and Order*, while it standardizes many
     auction rules, provides that the Commission will continue a
     service-by-service approach to defining small businesses.[^304] The
     *Notice and Order* in this proceeding stated our belief that the
     3650-3700 MHz band may support wireless local loop services and
     other broadband wireless applications.[^305] Consistent with that
     belief, we are proposing in this *Second Notice* to permit
     licensees to use the 3650-3700 MHz band for a broad range of fixed
     wireless broadband uses, as well as mobile uses.[^306] We note that
     several commenters agree that these frequencies would be well
     suited for fixed wireless broadband services.[^307] These factors
     suggest that the capital requirements for these bands may be
     comparable to those for WCS in the nearby 2.3 GHz band.[^308] WCS
     licensees in the 2.3 GHz band are afforded substantial flexibility
     to offer a broad range of fixed and mobile services and
     technologies spanning a wide range of uses, including interactive,
     high-speed broadband data services, fixed terrestrial use, new and
     innovative services, radiolocation, and wireless local loop.[^309]
     Further, both the proposed 3650-3700 MHz and existing 2.3 GHz WCS
     services are subject to limitations on mobile use.[^310] For these
     reasons, we propose to adopt the two small business standards the
     Commission applied to 2.3 GHz WCS.[^311]

123. Further, we propose to adopt an additional category of entities
     with average annual gross revenues for the three preceding years of
     not more than \$3 million. Although we did not utilize this third
     category for 2.3 GHz WCS, it may be appropriate here because fixed
     wireless equipment is already being deployed in nearby spectrum
     bands, which suggests that entry costs may be lower than was the
     case for WCS when it was licensed in 1997 and that very small
     businesses may now be better able to take advantage of bidding
     credits to acquire licenses and participate in the provision of
     services. Should we choose to adopt this additional category, we
     would adjust the nomenclature for designated entities as follows:
     we would define an "entrepreneur" as any entity with average annual
     gross revenues for the three preceding years not exceeding \$40
     million, a "small business" as any entity with average annual gross
     revenues for the three preceding years not exceeding \$15 million,
     and a "very small business" as any entity with average annual gross
     revenues for the three preceding years not exceeding \$3 million.
     We seek comment on the use of these standards.

124. In developing this proposal, we acknowledge the difficulty in
     accurately predicting the market forces that will exist at the time
     these frequencies are licensed. Thus, our forecasts of types of
     services that will be offered over the 3650-3700 MHz band may
     require adjustment depending upon ongoing technological
     developments and changes in market conditions. For these reasons,
     we invite interested parties to submit detailed information on the
     types of system architectures that are likely to be deployed in
     these bands, the availability of equipment, market conditions, and
     other factors that may affect the capital requirements of this
     proposed service.

125. In the *Part 1 Third Report and Order*, we adopted a standard
     schedule of bidding credits for certain small business definitions,
     the levels of which were developed based on our auction
     experience.[^312] We see no reason to depart from those levels
     here. Our standard schedule may be found at Section 1.2110(f)(2) of
     the Commission's rules and provides the following levels of bidding
     credits:

  ----------------------------------- -----------------------------------
  Average Annual Gross Revenues       Bidding Credit

  Not to exceed \$3 million           35%

  Not to exceed \$15 million          25%

  Not to exceed \$40 million          15%
  ----------------------------------- -----------------------------------

These credits are not cumulative. We believe that these bidding credits
will provide adequate opportunities for small businesses to participate
in the 3650-3700 MHz band auction.[^313] We therefore propose to adopt
these bidding credits here.

126. We note that in the *4.9 GHz Notice*, we proposed to use a similar
     schedule of bidding credits, except that we did not propose a 35
     percent bidding credit for entities having average annual gross
     revenues of \$3 million or less. We request comment on whether our
     proposed small business definitions and bidding credits, including
     this additional credit, are appropriate for the 4.9 GHz band should
     that band be consolidated with these frequencies.

127. We also seek comment on whether the small business provisions we
     propose today are sufficient to promote participation by businesses
     owned by minorities and women, as well as rural telephone
     companies. To the extent that commenters propose provisions to
     ensure participation by minority- or women-owned businesses, they
     should address how such provisions should be crafted to meet the
     relevant constitutional standards.[^314]

## Additional Satellite Issues

### International Intercontinental Restriction on Fixed Satellite Service

128. In General Docket 80-739, the Commission added an allocation in the
     3600-3700 MHz band for the FSS (space-to-Earth), but adopted
     footnote US 245 to restrict use of this FSS allocation \"to
     international inter-continental systems subject to a case-by-case
     electromagnetic compatibility analysis.[^315] The Commission
     indicated that this restricted allocation was aimed narrowly at
     meeting future INTELSAT projected requirements.[^316] We did not
     specifically propose to remove this footnote restriction from the
     3650-3700 MHz band in the *Notice and Order*. We believe that
     deletion of this footnote restriction should be considered for the
     3650-3700 MHz band in order to provide for flexible and efficient
     use of FSS earth station sites. As INTELSAT privatizes, and as
     commercial providers offer similar services, we do not consider it
     appropriate to continue what amounts to a spectrum reservation for
     only one of several competitors. We seek comment on whether
     deletion or modification of this footnote is desirable.

### Telemetry, Tracking & Control (TT&C)

129. As noted earlier, we are requesting comment on whether Part 25 of
     the Commission\'s rules should be modified to permit TT&C
     operations in the extended C-bands (3650-3700 MHz and 5850-5925
     MHz) for FSS systems that operate outside of the C-band
     frequencies. Section 25.202(g) of the Commission\'s rules provides:
     \"Telemetry, tracking and telecommand functions for U.S. domestic
     satellites shall be conducted at either or both edges of the
     allocated band(s).\"[^317] This rule, particularly the portion
     requiring that TT&C functions be conducted in the \"allocated
     band(s),\" has been followed in the standard C- and Ku- bands, and
     effectively limits FSS operators to operating TT&C links in the
     same frequency bands as their FSS operations. Thus a GSO/FSS
     operator will generally coordinate its TT&C operations with the
     same set of satellites, at adjacent orbital locations, with which
     it coordinates its FSS operations. In this respect, the rule serves
     the purpose of simplifying the coordination process for FSS
     systems, by limiting the number of potentially affected operators.
     It also provides an incentive for an operator to maximize the
     efficiency of a system\'s TT&C operations, and minimize the
     constraints placed on other satellite operations, since the
     greatest effect of any inefficiency in TT&C operations is likely to
     impact services offered by the operator's own satellite.

130. We continue to believe that the basic purpose of Section 25.202(g)
     is valid. There may be instances, however, in which geographic or
     bandwidth limitations on an allocation render TT&C operations
     impracticable in the allocation in which the space station is
     operating, e.g., transfer orbit operations for a system operating
     in an ITU Region 2 only allocation. We therefore propose to amend
     Section 25.202(g) to permit authorization of TT&C operations in the
     3650-3700 MHz band for FSS systems that operate outside of the
     3650-3700 MHz band, upon a particularized showing of need. TT&C
     would be primary if conducted at grandfathered FSS sites and
     secondary at new sites. We note that this may provide greater
     flexibility for FSS licensees that may have operational
     requirements that cannot otherwise be met. We specifically seek
     comment on the circumstances when such TT&C operations should be
     authorized.

131. We specifically seek comment on the types of showings that would
     warrant such an authorization. A number of commenters on the TT&C
     petition identified satellite systems operating at Ka-band
     frequencies and above as particularly in need of C-band TT&C
     frequencies, because of the more favorable signal propagation
     characteristics of C-band, and consequent higher reliability. We
     seek comment on this issue. Can higher reliability be assured at
     Ka-band and above through the use of earth station diversity, or
     other technical methods? Are there particular TT&C operations, such
     as recovery using an omni-directional spacecraft antenna of a
     spacecraft of which control has been lost, for which a C-band
     antenna provides the only sufficiently reliable option? Are there
     costs associated with providing TT&C through \"allocated band(s)\"
     that would potentially offset the increased complexity of
     coordination, potential interference with adjacent satellite
     operators, and potential incentives to specify less efficient TT&C
     operations? Are TT&C costs likely to decrease as more Ka-band and
     above systems become operational, more Ka-band and above equipment
     is deployed, and more operational experience is gained with Ka-band
     and above antennas?

132. We are not proposing any changes to the Table of Allocations to
     permit TT&C use of the 3650-3700 MHz band by satellite systems
     having an FSS component. Such uses are permitted under Part 2 of
     the rules.[^318] We propose to modify the Table of Allocations in
     Section 2.106 of the Commission's rules to include an allocation
     for space operations in the 3650-3700 MHz band, and the companion
     6425-6525 MHz bands, to be used for TT&C by satellite systems that
     do not have an FSS component, and thus might otherwise be precluded
     by our rules from use of this band.

### Space Station Power Flux Density

133. There are currently no limits in the Commission's rules on the
     power flux density that a space station operating in the 3650-3700
     MHz band may produce, unlike in the adjacent 3700-4200 MHz band.
     The limit for the 3700-4200 MHz band contained in the Commission's
     rules, [^319] however, is identical to the limit in the ITU Radio
     Regulations.[^320] The ITU limit applies throughout the 3400-4200
     MHz band. We seek comment on whether this limit should be adopted
     for the 3650-3700 MHz band.

# PROCEDURAL MATTERS

## Challenge to Earth Station Application Freeze

134. Some of the commenters allege that our decision to suspend the
     acceptance of license applications, major amendments, and major
     modifications is procedurally defective.[^321] PanAmSat and Wold
     claim that the suspension of the acceptance of such applications
     deprives FSS operators of the three basic elements that fundamental
     fairness requires in administrative proceedings: notice, and
     opportunity to comment, and reasonable consideration of the
     viewpoints expressed.[^322] We note that in several proceedings the
     Commission has suspended the acceptance of license applications
     while it transitions from one set of regulations to new
     regulations.[^323] The purpose of these suspensions has been to
     ensure that the goals of the rulemaking proceeding were not
     compromised and to deter speculative applications.[^324] As stated
     before in other Commission items and as mentioned in the *Notice
     and Order*, the suspension of acceptance of applications is
     procedural and not substantive.[^325] Therefore, it does not
     require notice and comment under the Administrative Procedure Act
     ("APA").[^326] Wold's contention that earth station operators are
     to be foreclosed from competing for licenses is incorrect. Indeed,
     today\'s *Report and Order* allows current users to continue to use
     the spectrum they currently have plus it provides them with a
     limited opportunity to expand their operations. Globecast asserts
     that the freeze is a significant policy change and requires
     \"sunshine.\" The reference to "sunshine" is not clear. Section
     1.1203 of our rules prohibit "presentations to decision-makers
     concerning matters listed on a Sunshine Agenda, whether *ex parte*
     or not."[^327] We followed section 1.1203 when we adopted the
     *Notice and Order* and followed those procedures for adopting this
     *Report and Order*. Therefore, Globecast's concerns are
     unwarranted.

## Final Regulatory Flexibility Analysis

135. As required by the Regulatory Flexibility Act of 1980
     (\"RFA\"),[^328] the Final Regulatory Flexibility Analysis for this
     First Report and Order is contained in Appendix B.

## Initial Regulatory Flexibility Analysis

136. The Commission has prepared an Initial Regulatory Flexibility
     Analysis (\"IRFA\") of the possible significant economic impact on
     small entities of the policies and rules proposed in the Second
     Notice of Proposed Rule Making and is contained in Appendix C. We
     request written public comment on the analysis. In order to fulfill
     the mandate of the Contract with America Advancement Act of 1996
     regarding the Final Regulatory Flexibility Analysis, we ask a
     number of questions in our IRFA regarding the prevalence of small
     businesses in the affected industries.

137. Comments must be filed in accordance with the same filing deadlines
     as comments filed in response to the Second Notice of Proposed Rule
     Making, but they must have a separate and distinct heading
     designating them as responses to the IRFA. The Commission\'s
     Consumer Information Bureau, Reference Information Center, will
     send a copy of this Report and Order and Second Notice of Proposed
     Rule Making, including the IRFA, to the Chief Counsel for Advocacy
     of the Small Business Administration.

## Paperwork Reduction Analysis

138. This First Report and Order and Second Notice of Proposed Rule
     Making contains either a proposed or modified information
     collection. As part of our continuing effort to reduce paperwork
     burdens, we invite the general public and the Office of Management
     and Budget ("OMB") to take this opportunity to comment on the
     infor­mation collections contained in this Report and Order and
     Second Notice of Proposed Rule Making, as required by the Paperwork
     Reduction Act of 1995.[^329] Public and agency comments are due 60
     days from the date of publication of this Second Notice in the
     Federal Register; OMB comments are due 120 days from the date of
     publication of this Second Notice in the Federal Register. Comments
     should address:

-   Whether the proposed collection of information is necessary for the
    proper performance of the functions of the Commission, including
    whether the information shall have practi­cal utility.

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-   The accuracy of the Commission\'s burden estimates.

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-   Ways to enhance the quality, utility, and clarity of the information
    collected.

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-   Ways to minimize the burden of the collection of information on the
    respondents, in­cluding the use of automated collection techniques or
    other forms of information tech­nology.

139. Written comments by the public on the proposed and/or modified
     information collec­tions are due 60 days after the date of
     publication in the Federal Register. Written comments must be
     submitted by the OMB on the proposed and/or modified information
     collections on or before 120 days after the date of publication in
     the Federal Register. In addition to filing comments with the
     Secretary, a copy of any comments on the information collections
     contained herein should be submitted to Judy Boley, Federal
     Communications Commission, Room 1-C804, 445 Twelfth Street, S.W.,
     Washington, D.C. 20554, or via the Internet to jboley@fcc.gov, and
     to Ed Springer, OMB Desk Officer, Room 10236 New Executive Office
     Building, 725 Seventeenth Street, N. W., Washington, D.C. 20503, or
     via the Internet to Edward.Springer@omb.eop.gov.

##  *Ex Parte* Presentations

140. For purposes of this permit-but-disclose notice and comment
     rulemaking proceed­ing, members of the public are advised that *ex
     parte* presentations are permitted, except dur­ing the Sunshine
     Agenda period, provided they are disclosed under the Commission\'s
     rules.[^330]

## Pleading Dates

141. Pursuant to applicable procedures set forth in Sections 1.415 and
     1.419 of the Commission\'s rules,[^331] interested parties may file
     comments on or before **\[30 days from publication in the Federal
     Register\]** and re­ply comments on or before **\[60 days from
     publication in the Federal Register\]** Comments and reply comments
     should be filed in ET Docket No. 98-237. All relevant and timely
     comments will be considered by the Commission before final action
     is taken in this proceeding. To file formally in this proceeding,
     interested parties must file an original and four copies of all
     comments, reply comments, and supporting comments. If interested
     parties want each Commissioner to receive a personal copy of their
     comments, they must file an original plus nine copies. Interested
     parties should send comments and reply comments to the Office of
     the Secretary, Federal Communications Commission, Room TW-A325, 445
     Twelfth Street, S.W., Washington, D.C. 20554, with a copy to Eli
     Johnson, Policy Division, Wireless Telecommunications Bureau, 445
     Twelfth Street, S.W., Washington, D.C. 20554.

142. Comments may also be filed using the Commission\'s Electronic
     Comment Filing System (ECFS).[^332] Comments filed through the ECFS
     can be sent as an electronic file via the Internet to
     \<http://www.fcc.gov/e-file/ecfs.html\>. Generally, only one copy
     of an electronic submission must be filed. In completing the
     transmittal screen, commenters should include their full name,
     Postal Service mailing address, and the applicable docket or
     rulemaking number. Parties may also submit an electronic comment by
     Internet e-mail. To obtain filing instructions for e-mail comments,
     commenters should send an e-mail to ecfs@fcc.gov, and should
     include the following words in the body of the message, "get form
     \<your e-mail address\>." A sample form and directions will be sent
     in reply.

143. Comments and reply comments will be available for public inspection
     during regu­lar business hours at the FCC Reference Information
     Center, Room CY-A257, at the Federal Communica­tions Commission, 445
     Twelfth Street, S.W., Washington, D.C. 20554. Copies of comments
     and reply comments are available through the Commission\'s
     duplicating contractor: International Transcription Service, Inc.
     (ITS, Inc.), 1231 20th Street, N.W., Washington, D.C. 20037, (202)
     857-3800.

## Further Information

144. For further information concerning the First Report and Order,
     contact Rodney Conway via phone at (202) 418-2904, via e-mail at
     <rconway@fcc.gov>, via TTY (202) 418-2989, Office of Engineering
     and Technology, Federal Communications Commission, Washington
     D.C. 20554. For further information concerning the Second Notice of
     Proposed Rule Making, contact Eli Johnson via phone at (202)
     418-1310, via e-mail at <ejohnson@fcc.gov>, via TTY at (202)
     418-7233, Wireless Telecommunications Bureau, Federal
     Communications Commission, Washington, D.C. 20554.

# ORDERING CLAUSES

145. IT IS ORDERED, that Parts 2 and 90 of the Commission\'s rules and
     regulations are amended as specified in Appendix D \[effective
     ninety days after publication in the Federal Register\]. This
     action is taken pursuant to Sections 4, 4(i), 157, 303, 303(g),
     303(r), 307, and 332(c)(7) of the Communications Act of 1934, as
     amended, 47 U.S.C. 154, 154(i), 157, 303, 303(g), 303(r), 307, and
     332(c)(7).

146. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
     Bureau, Reference Information Center, SHALL SEND a copy of this
     FIRST REPORT AND ORDER including the Final Regulatory Flexibility
     Analysis and SECOND NOTICE OF PROPOSED RULE MAKING, including the
     Initial Regulatory Flexibility Analysis, to the Chief Counsel for
     Advocacy of the Small Business Administration, in accordance with
     paragraph 603(a) of the Regulatory Flexibility Act, Pub Law No.
     96-354, 94 Stat. 1164, 5 U.S.C. § 601, *et seq*. (1981).

147. IT IS FURTHER ORDERED that the petition for rule making filed by
     Comm, Inc., EchoStar Satellite Corporation, GE American
     Communications, Inc., Hughes Communications Galaxy, Inc., KaStar
     Satellite Communications Corp., Lockheed Martin Corporation, Orion
     Network Systems, Inc., PanAmSat Licensee Corp., and VisionStar,
     Inc., entitled \"Amendment of Parts 2 and 25 of the Commission\'s
     rules to Designate Extended C-Band Spectrum for TT&C Functions of
     GSO FSS Systems Operating in Bands Above Ku-band\" in RM-9411 IS
     HEREBY DENIED, in part, with respect to the request for the
     designation of 10 MHz of spectrum in the 3650-3700 MHz band to be
     used exclusively for TT&C operations and IS DISMISSED WITHOUT
     PREJUDICE, in part, concerning the request to allow FSS licensees
     with systems that operate outside the 3650-3700 MHz band to use the
     band for TT&C operations.

148. IT IS FURTHER ORDERED that the petition for rule making by Mountain
     Telecommunications Inc., and Saddleback Communications Company
     entitled \"Petition for Allocation of Radio Spectrum in the 3.4-3.7
     GHz Band to Allow Carriers to Improve Deployment and Reduce Costs
     Through the Provision of Fixed Wireless Access\" IS HEREBY DENIED.

149. IT IS FURTHER ORDERED that NOTICE IS HEREBY GIVEN to any FSS earth
     station licensee with operations in the 3650-3700 MHz band that may
     have been omitted from Appendix A of the *Memorandum Opinion and
     Order* in this proceeding must contact Sylvia Lam, via phone
     at (202) 418-0742, or via e-mail slam@fcc.gov, International
     Bureau, in order to ensure that the licensed earth station receives
     grandfathering protections.

150. IT IS FURTHER ORDERED that, pursuant to Sections 4, 4(i), 157, 303,
     303(g), 303(r), 307 and 332(c)(7) of the Communications Act of
     1934, as amended, 47 U.S.C. 154, 154(i), 157, 303, 303(g), 303(r),
     307, and 332(c)(7) the SECOND NOTICE OF PROPOSED RULE MAKING, is
     hereby ADOPTED.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Magalie Roman Salas
>
> Secretary

**APPENDIX A: RESPONDENTS**

####  {#section .unnumbered}

#### LIST OF COMMENTERS {#list-of-commenters .unnumbered}

1\. Airspan Communications Corporation (\"Airspan\")

2\. Blooston, Mordkofsky, Jackson & Dickens on behalf of: CommNet
Cellular, Inc., Kerville Telephone Company, Lincoln County Telephone
System, Inc., Minnesota Southern Cellular Telephone Company, Penasco
Valley Telephone Cooperative Inc., Ringgold Telephone Company, Sully
Buttes Telephone Cooperative Inc., 3 Rivers Telephone Cooperative Inc.
(\"Rural Carriers\")

3\. Cheyenne River Sioux Telephone Authority (\"CRST\")

4\. COMSAT Corporation (\"COMSAT\")

5\. Comsearch

6\. EchoStar Communications Corporation (\"EchoStar\")

7\. GE American Communications, Inc. (GE Americom\")

8\. GlobeCast North America Incorporated (\"GlobeCast\")

9\. Hughes Communications, Inc. (\"HCI\")

10\. InnoWave Tadiran Telecommunications Wireless Systems Ltd.
(\"InnoWave\")

11\. Loral Space & Communications Ltd. (\"Loral\")

12\. Lucent Technologies (\"Lucent\")

13\. Motorola

14\. National Telephone Cooperative Association (\"NTCA\")

15\. PanAmSat Corporation (\"PanAmSat\")

16\. Petroleum Communications, Inc. (\"PetroCom\")

17\. The Rural Telecommunications Group (\"RTG\")

18\. Satellite Industry Association (\"SIA\")

19\. SBC Communications Inc. (\"SBC\")

20\. Sprint Corporation (\"Sprint\")

21\. Telephone and Data Systems, Inc. (\"TDS\") on behalf of its
subsidiaries: Aerial

Communications, Inc., TDS Telecommunications Corporation, and United
States Cellular Corporation

22\. SR Telecom Inc. (\"SR Telecom\")

23\. TRANSCOMM, Inc. (\"TRANSCOMM\")

24\. TRW, Inc (\"TRW\")

25\. Lockheed Martin Corporation (\"Lockheed Martin\")

26\. Northern Telecom Inc. (Nortel Networks\")

27\. New Skies Satellites N.V. (\"New Skies\")

#### LIST OF REPLY COMMENTERS {#list-of-reply-commenters .unnumbered}

1\. AT&T Corp. (\"AT&T\")

2\. COMSAT Corporation (\"COMSAT\")

3\. Comsearch

4\. GTE Service Corporation (\"GTE\") on behalf of its affiliates: GTE
Alaska, Incorporated, GTE Arkansas Incorporated, GTE California
Incorporated, GTE Florida Incorporates, GTE Hawaiian Telephone Company
Incorporated, The Micronesian Telecommunications Corporation, GTE
Midwest Incorporated, GTE North Incorporated, GTE Northwest
Incorporated, GTE South Incorporated, GTE Southwest Incorporated, Contel
of Minnesota, Inc., GTE West Coast Incorporated, Contel of the South,
Inc., GTE Communications Corporation and GTE Wireless Incorporated.

5\. Hughes Communications, Inc. (\"HCI\")

6\. ICG Satellite Services, Inc. (\"ICG\")

7\. Lockheed Martin Corporation (\"Lockheed Martin\")

8\. PanAmSat Corporation (\"PanAmSat\")

9\. Blooston, Mordkofsky, Jackson & Dickens on behalf of: CommNet
Cellular, Inc., Kerville Telephone Company, Lincoln County Telephone
System, Inc., Minnesota Southern Cellular Telephone Company, Penasco
Valley Telephone Cooperative Inc., Ringgold Telephone Company, Sully
Buttes Telephone Cooperative Inc., 3 Rivers Telephone Cooperative Inc.
(\"Rural Carriers\")

10\. Sprint Corporation (\"Sprint\")

11\. Telephone and Data Systems, Inc. (\"TDS\") on behalf of its
subsidiaries: Aerial Communications, Inc., TDS Telecommunications
Corporation, and United States Cellular Corporation

12\. Western Wireless Corporation (\"Western Wireless\")

13\. Wold International, Inc. (\"Wold\")

14\. New Skies Satellites N.V. (\"New Skies\")

15\. MCI WorldCom, Inc. (\"MCI WorldCom\")

16\. Organization For The Promotion And Advancement Of Small
Telecommunications Companies (\"OPASTCO\")

17\. GE American Communications, Inc. (GE Americom\")

18\. ImpSat USA

**APPENDIX B: FINAL REGULATORY FLEXIBILITY ANALYSIS**

**FOR REPORT AND ORDER**

As required by the Regulatory Flexibility Act (RFA),[^333] an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated into the *Notice
of Proposed Rule Making and Order* (\"Notice and Order\") in ET Docket
98-237.[^334] The Commission sought written public comments on the
proposals in the *Notice and Order*, including the IRFA. The Final
Regulatory Flexibility Analysis (\"FRFA\") in this *First Report and
Order and Second Notice of Proposed Rule Making* conforms to the
RFA.[^335]

**A. Need for and Objective of this Report and Order**.

These rules allocate the 3650-3700 MHz band to the fixed, mobile (base
stations only), and grandfathered fixed satellite services on a
co-primary basis and for non-grandfathered fixed satellite service earth
station operations on a secondary basis. These actions are taken in
order to make this transfer spectrum available for commercial services,
including those of any small businesses. The adoption of this First
Report and Order and Second Notice of Proposed Rule Making will provide
additional spectrum to be used in meeting the growing demand for fixed,
mobile (base station only) and fixed satellite services among all sizes
of providers.

**B. Legal Basis for Adopted Rules.**

The adopted rule changes are authorized pursuant to Sections 4, 4(i),
157, 303, 303(g), 303(r), 307, and 332(c)(7) of the Communications Act
of 1934, as amended, 47 U.S.C. 154, 154(i), 157, 303, 303(g), 303(r),
307, and 332(c)(7).

**C. Summary of Significant Issues raised by Public Comments in Response
to the IRFA**.

No comments were filed in response to the IRFA that was contained in the
*Notice and Order* in this proceeding.

**D.** **Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply***.*

For purposes of this First Report and Order, the RFA defines a \"small
business\" to be the same as a \"small business concern\" under the
Small Business Act, 15 U.S.C. § 632, unless the Commission has developed
one or more definitions that are appropriate to its activities.[^336]
Under the Small Business Act, a \"small business concern\" is one
that: 1) is independently owned and operated; 2) is not dominant in its
field of operation; and 3) meets any additional criteria established by
the Small Business Administration (\"SBA\").[^337]

A small organization is generally "any not-for-profit enterprise which
is independently owned and operated and is not dominant in its
field."[^338] Nationwide, as of 1992, there were approximately 275,801
small organizations.[^339] The definition of "small governmental
jurisdiction" is one with populations of fewer than 50,000.[^340] There
are 85,006 governmental jurisdictions in the nation.[^341] This number
includes such entities as states, counties, cities, utility districts
and school districts. There are no figures available on what portion of
this number has populations of fewer than 50,000. However, this number
includes 38,978 counties, cities and towns, and of those, 37,556, or 96
percent, have populations of fewer than 50,000.[^342] The Census Bureau
estimates that this ratio is approximately accurate for all government
entities. Thus, of the 85,006 governmental entities, we estimate that 96
percent, or about 81,600, are small entities that may be affected by our
rules. Nationwide, there are 4.44 million small business firms,
according to SBA reporting data.[^343]

The Commission has not developed a definition of small entities
applicable to fixed satellite service licensees. Therefore, the
applicable definition of small entity is the definition under the SBA
rules applicable to Communications Services, Not Elsewhere Classified.
This definition provides that a small entity is one with no more than
11.0 million in annual receipts.[^344] According to Census Bureau data,
there are 848 firms that fall under the category of Communications
Services, Not Elsewhere Classified. Of those, approximately 775 reported
annual receipts of 11 million or less and qualify as small
entities.[^345]

As described, the designations we hereby adopt will permit wireless
services, as broadly defined to include fixed and mobile base station
operations. Neither the Commission nor the SBA has developed a
definition of small entities applicable to wireless services licensees.
Therefore, the applicable definition of small entity is the definition
under the SBA rules applicable to radiotelephone (wireless) companies.

The rules adopted by the First Report and Order will affect applicants
who wish to provide fixed, mobile (base stations only) and/or fixed
satellite services in the 3650-3700 MHz band. Pursuant to 47 C.F.R. §
24.702(b) the Commission has defined \"small entity\" for Blocks C and F
broadband licensees as firms that had average gross revenues of less
than \$40 million dollars in the three previous calendar years. This
Commission regulation defining \"small entity\" in the context of
broadband PCS auctions has been approved by the SBA.[^346] With respect
to the 3650-3700 MHz license applicants, we propose to use the small
entity definition adopted in the Broadband PCS proceeding.

The Commission has not yet determined or proposed how many licenses will
be awarded, nor will it know how many licensees will be small businesses
until the auction is held. Even after that, the Commission will not know
how many licensees will partition their license areas or disaggregate
their spectrum blocks, if partitioning and disaggregation are allowed
which may result in additional small entities. In view of our lack of
knowledge of the entities which will seek licenses in the 3650-3700 MHz
band, we will assume that, for the purposes of our evaluations and
conclusions in the FRFA, all of the prospective licensees are small
entities, as that term is defined by the SBA or our proposed definitions
for the 3650-3700 MHz band. We invite comment on this analysis.

**E.** **Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements.**

The rules adopted in the First Report and Order allocate the 3650-3700
MHz band to the fixed, mobile (base station operation, and grandfathered
fixed satellite services on a co-primary basis and for non-grandfathered
fixed satellite service earth station operations on a secondary basis.
These adopted rules do not require any additional reporting,
recordkeeping or other compliance requirements. Rules that may apply to
the auctioning and licensing of these operations or other operating
requirements will be addressed in the Second Notice of Proposed Rule
Making in this proceeding and any reporting, recordkeeping and other
compliance requirements will be addressed then.

**F. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered.**

No petition for rule making was filed to initiate this proceeding and
there are no comments in this proceeding that suggest alternatives to
the adopted allocation. We requested comment on alternatives that might
minimize the amount of economic impact on small entities and no
alternatives were offered. The allocation adopted in this First Report
and Order represents the most efficient and least restrictive method to
accomplish the Commission\'s policies and objectives.

**G. Federal Rules that May Duplicate, Overlap, or Conflict with the
Proposed Rules.**

None.

**H. Report to Congress***.*

The Commission will send a copy of the First Report and Order, including
this FRFA, in a report to be sent to Congress pursuant to the Small
Business Regulatory Enforcement Fairness Act of 1996, see 5 U.S.C. §
801(a)(1)(A). In addition, the Commission will send a copy of the First
Report and Order, including FRFA, to the Chief Counsel for Advocacy of
the Small Business Administration. A copy of the First Report and Order
and FRFA (or summaries thereof) will also be published in the Federal
Register. See 5 U.S.C. § 604(b).

**APPENDIX C: INITIAL REGULATORY FLEXIBILITY ANALYSIS**

**FOR SECOND NOTICE OF PROPOSED RULE MAKING**

As required by the Regulatory Flexibility Act (\"RFA\"),[^347] the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (\"IRFA\") of the possible significant economic impact on small
entities by the policies and rules proposed in the Second Notice of
Proposed Rulemaking (\"*Second Notice*\"), ET Docket No. 98-237, and WT
Docket No. 00-32. Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments on the *Second Notice* as provided above
in paragraph 141. The Commission will send a copy of the *Second
Notice*, including the IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration.[^348] In addition, the *Second Notice*
and IRFA (or summaries thereof) will be published in the Federal
Register.[^349]

**A. Need for, and Objectives of, the Proposed Rules**

In this *Second Notice*, we propose licensing, service, operating, and
competitive bidding rules for fixed and mobile services licenses in the
3650-3700 MHz band. The *Second Notice* also seeks comment on applying
similar rules to the 4.9 GHz band, if the Commission determines that the
public interest would be served by licensing these two bands at the same
time. These actions are intended to facilitate the provision of a broad
range of services, including traditional voice telephony and new
broadband, high-speed, data and video services. The Commission believes
this spectrum may be used to foster the introduction of such services to
rural areas of the United States and develop new and more effective
competition to existing wireline local exchange carriers by providing
for an economical means to offer competitive "local loop" or 'last-mile"
facilities.

**B. Legal Basis for Proposed Rules**

The proposed action is authorized under Sections 4, 4(i), 157, 303,
303(g), 303(r), 307, and 332(c)(7) of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154, 154(i), 157, 303, 303(g), 303(r), 307, and
332(c)(7).

**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, if adopted.[^350] 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 Section 3 of the
Small Business Act, unless the Commission has developed one or more
definitions that are appropriate for its activities.[^351] Under the
Small Business Act, a "small business concern" is one that: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).[^352]

A small organization is generally "any not-for-profit enterprise which
is independently owned and operated and is not dominant in its
field."[^353] Nationwide, as of 1992, there were approximately 275,801
small organizations.[^354] The definition of "small governmental
jurisdiction" is one with populations of fewer than 50,000.[^355] There
are 85,006 governmental jurisdictions in the nation.[^356] This number
includes such entities as states, counties, cities, utility districts
and school districts. There are no figures available on what portion of
this number has populations of fewer than 50,000. However, this number
includes 38,978 counties, cities and towns, and of those, 37,556, or 96
percent, have populations of fewer than 50,000.[^357] The Census Bureau
estimates that this ratio is approximately accurate for all government
entities. Thus, of the 85,006 governmental entities, we estimate that 96
percent, or about 81,600, are small entities that may be affected by our
rules. Nationwide, there are 4.44 million small business firms,
according to SBA reporting data.[^358]

The Commission has not developed a definition of small entities
applicable to fixed satellite service licensees. Therefore, the
applicable definition of small entity is the definition under the SBA
rules applicable to Communications Services, Not Elsewhere Classified.
This definition provides that a small entity is one with no more than
\$11.0 million in annual receipts.[^359] According to Census Bureau
data, there are 848 firms that fall under the category of Communications
Services, Not Elsewhere Classified. Of those, approximately 775 reported
annual receipts of \$11 million or less and qualify as small
entities.[^360]

Because we are substituting the 3650-3700 MHz band for 15 megahertz of
spectrum in the 1990-2110 MHz band, we must assign licenses for this
spectrum by competitive bidding to satisfy the requirements of the
Balanced Budget Act of 1997.[^361] The Commission has not yet determined
how many licenses will be awarded. Moreover, the Commission does not
know how many licensees will partition their license areas or
disaggregate their spectrum blocks, if partitioning and disaggregation
are allowed. We therefore assume that, for purposes of our evaluations
and conclusions in the IRFA, all prospective licensees are small
entities, as that term is defined by the SBA or our proposed small
business definitions for terrestrial fixed and mobile services in the
3650-3700 MHz band, which are discussed below in Section E.

We invite comment on this analysis.

**D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements**

Applicants for licenses to provide terrestrial fixed and mobile services
in the 3650-3700 MHz band will be required to submit short-form
applications using FCC Form 175. In addition, winning bidders must
submit long-form license applications through the Universal Licensing
System using FCC Form 601, and other appropriate forms. We invite
comment on how these filing requirements can be modified to reduce the
burden on small entities.

As discussed in paragraph 45 of the *Second Notice*, all services, other
than fixed satellite service earth stations, in the 3650-3700 MHz band
would be governed by Part 27 of the Commission's Rules, and, in certain
instances, as discussed in paragraph **46**, Part 20 if the proposals
are adopted. The proposals under consideration in this item include
requiring commercial licensees to make showings that they are in
compliance with construction requirements,[^362] file applications for
license renewals[^363] and make certain other filings as required by the
Communications Act.[^364] We request comment on how these requirements
can be modified to reduce the burden on small entities and still meet
the objectives of the proceeding.

**E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered**

The RFA requires an agency to describe any significant alternatives that
is has considered in reaching its proposed approach, which may include
the following four alternatives: (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.[^365]

The *Second Notice* proposes the following small business definitions
for bidders in auctions of licenses in the 3650-3700 MHz band: an
"entrepreneur" would be defined as an entity with average annual gross
revenues for the three preceding years not exceeding \$40 million, a
"small business" would be defined as an entity with average annual gross
revenues for the three preceding years not exceeding \$15 million, and a
"very small business" would be defined as an entity with average annual
gross revenues for the three preceding years not exceeding \$3 million.
These definitions are consistent with the definitions the Commission
applied to the 2.3 GHz WCS, but include an additional third category of
entities with average annual gross revenues for the three preceding
years not exceeding \$3 million. In developing these definitions, we
considered the alternative of using only two small business definitions,
as we have done in the 2.3 GHz WCS, 39 GHz, and broadband PCS contexts,
among others. Here, however, we believe that an additional third
category of small businesses may be appropriate because the deployment
of fixed wireless equipment in nearby spectrum bands suggests that entry
costs may be lower than was the case for the 2.3 GHz WCS when it was
licensed in 1997. Thus, very small businesses may now be better able to
take advantage of bidding credits to acquire licenses and provide
communications services.

As indicated in paragraphs 50-53, the Commission, while proposing a
requirement that fixed and mobile services applicants identify whether
or not they seek to provide common carrier services, also proposes to
allow these applicants to request common carrier status as well as
non-common carrier status for authorization in a single license, rather
than require these applicants to choose between common carrier and
non-common carrier services. The Commission also proposes that fixed and
mobile applicants and licensees in the 3650-3700 MHz band not be
required to describe their proposed services, but be required to
indicate a regulatory status based on any services they choose to
provide. As detailed in paragraphs 54-56, the Commission favors this
type of flexible approach for regulating the 3650-3700 MHz for a variety
of reasons. The Commission, however, particularly seeks comment on the
effect of this flexible approach on possible investment in
communications services and systems and more generally on technology
development.

As discussed in paragraphs 57-63, the Commission proposes that there be
no restrictions on eligibility for fixed and mobile services licensees
in the 3650-3700 MHz and 4.9 GHz bands other than the alien ownership
restrictions set forth in Section 310 of the Communications Act. In
order to supervise effectively the compliance of these licensees with
regard to our alien ownership restrictions, we propose that both common
carrier and non-common carrier licensees in the 3650-3700 MHz band
provide the alien ownership information requested in FCC Form 601, as
well as amendments to FCC Form 602 to reflect any changes in foreign
ownership information. This proposed enforcement is a mutual benefit to
all licensees and a minimal reporting burden.

We have reduced burdens wherever possible. To minimize any negative
impact, however, we propose certain incentives for small entities which
will redound to their benefit. These special provisions include
partitioning and spectrum disaggregation.[^366] These provisions will
allow smaller entities to overcome entry barriers. In addition, we seek
comment on whether it would be appropriate to license the 3650-3700 MHz
band for fixed and mobile services using smaller geographical licensing
areas. The use of smaller licensing areas could benefit small entities
by reducing costs and build-out expenses. We have also sought comment on
different approaches to minimizing the burdens of interference
management.[^367]

The regulatory burdens we have retained, such as filing applications on
appropriate forms, are necessary in order to ensure that the public
receives the benefits of innovative new services in a prompt and
efficient manner. We will continue to examine alternatives in the future
with the objectives of eliminating unnecessary regulations and
minimizing any significant economic impact on small entities. We seek
comment on significant alternatives commenters believe we should adopt.

**F. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules**

None.

**APPENDIX D: FINAL RULES**

Parts 2 and 90 of title 47 of the Code of Federal Regulations are
amended as follows:

> **PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
> RULES AND REGULATIONS**

1\. The authority citation for Part 2 continues to read as follows:

**AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.**

2\. Section 2.106, the Table of Frequency Allocations, is amended as
follows:

a\. Page 54 is revised.

b\. Footnote US110 is revised and footnotes US348 and US349 are added.

c\. Footnotes NG169 and NG170 are added.

d\. Footnotes G59 and G110 are revised.

The revisions and additions read as follows:

**§ 2.106 Table of Frequency Allocations.**

**\* \* \* \* \***

+-----------+-----------+-----------+-----------+-----------+---------+
| 2900-3100 |           |           | 2900-3100 | 2900-3100 | M       |
|           |           |           |           |           | aritime |
| RADION    |           |           | MARITIME  | MARITIME  | (80)    |
| AVIGATION |           |           |           |           |         |
| S5.426    |           |           | RADION    | RADION    | Private |
|           |           |           | AVIGATION | AVIGATION | Land    |
| Radi      |           |           |           |           | Mobile  |
| olocation |           |           | Radi      | Radi      | (90)    |
|           |           |           | olocation | olocation |         |
| S5.425    |           |           | G56       | US44      |         |
| S5.427    |           |           |           |           |         |
|           |           |           | S5.427    | S5.5427   |         |
|           |           |           | US44      | US316     |         |
|           |           |           | US316     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 3100-3300 |           |           | 3100-3300 | 3100-3300 | Private |
|           |           |           |           |           | Land    |
| RADI      |           |           | RADI      | Radi      | Mobile  |
| OLOCATION |           |           | OLOCATION | olocation | (90)    |
|           |           |           | S5.333    | S5.333    |         |
| Earth     |           |           |           |           |         |
| exp       |           |           | US110 G59 | US110     |         |
| loration- |           |           |           |           |         |
| satellite |           |           | S5.149    | S5.149    |         |
| (active)  |           |           |           |           |         |
|           |           |           |           |           |         |
| Space     |           |           |           |           |         |
| research  |           |           |           |           |         |
| (active)  |           |           |           |           |         |
|           |           |           |           |           |         |
| S5.149    |           |           |           |           |         |
| S5.428    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 3300-3400 | 3300-3400 | 3300-3400 | 3300-3500 | 3300-3500 | Private |
|           |           |           |           |           | Land    |
| RADI      | RADI      | RADI      | RADI      | Amateur   | Mobile  |
| OLOCATION | OLOCATION | OLOCATION | OLOCATION |           | (90)    |
|           |           |           | US108     | Radi      |         |
| S5.149    | Amateur   | Amateur   |           | olocation | Amateur |
| S5.429    |           |           | G31       | US108     | (97)    |
| S5.430    | Fixed     | S5.149    |           |           |         |
|           |           | S5.429    |           |           |         |
|           | Mobile    |           |           |           |         |
|           |           |           |           |           |         |
|           | S5.149    |           |           |           |         |
|           | S5.430    |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 3400-3600 | 3400-3500 |           |           | S5.149    | S5.149  |
|           |           |           |           |           | S5.282  |
| FIXED     | FIXED     |           |           |           |         |
|           |           |           |           |           |         |
| FIXED-    | FIXED-    |           |           |           |         |
| SATELLITE | SATELLITE |           |           |           |         |
|           | (space-   |           |           |           |         |
| (space-   | to-Earth) |           |           |           |         |
| to-Earth) |           |           |           |           |         |
|           | Amateur   |           |           |           |         |
| Mobile    |           |           |           |           |         |
|           | Mobile    |           |           |           |         |
| Radi      |           |           |           |           |         |
| olocation | Radi      |           |           |           |         |
|           | olocation |           |           |           |         |
|           | S5.433    |           |           |           |         |
|           |           |           |           |           |         |
|           | S5.282    |           |           |           |         |
|           | S5.432    |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| S5.431    | 3500-3700 |           |           | 3500-3650 | 35      |
|           |           |           |           |           | 00-3600 |
|           | FIXED     |           |           | RADI      |         |
|           |           |           |           | OLOCATION | Radiol  |
|           | FIXED-    |           |           | US110     | ocation |
|           | SATELLITE |           |           |           | US110   |
|           | (space-   |           |           | G59       |         |
|           | to-Earth) |           |           |           |         |
|           |           |           |           | AER       |         |
|           | MOBILE    |           |           | ONAUTICAL |         |
|           | except    |           |           |           |         |
|           | aer       |           |           | RADION    |         |
|           | onautical |           |           | AVIGATION |         |
|           | mobile    |           |           |           |         |
|           |           |           |           | (grou     |         |
|           | Radi      |           |           | nd-based) |         |
|           | olocation |           |           | G110      |         |
|           | S5.433    |           |           |           |         |
|           |           |           |           | US245     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 3600-4200 |           |           |           |           | 36      |
|           |           |           |           |           | 00-3650 |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           | F       |
| FIXED-    |           |           |           |           | IXED-SA |
| SATELLITE |           |           |           |           | TELLITE |
|           |           |           |           |           |         |
| (space-   |           |           |           |           | (s      |
| to-Earth) |           |           |           |           | pace-to |
|           |           |           |           |           | -Earth) |
| Mobile    |           |           |           |           | US245   |
|           |           |           |           |           |         |
|           |           |           |           |           | Radiol  |
|           |           |           |           |           | ocation |
|           |           |           |           |           | US110   |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | S5.435    |           |           | 3650-3700 | 36      |
|           |           |           |           |           | 50-3700 |
|           |           |           |           | US245     |         |
|           |           |           |           | US348     | FIXED   |
|           |           |           |           | US349     |         |
|           |           |           |           |           | F       |
|           |           |           |           |           | IXED-SA |
|           |           |           |           |           | TELLITE |
|           |           |           |           |           |         |
|           |           |           |           |           | (s      |
|           |           |           |           |           | pace-to |
|           |           |           |           |           | -Earth) |
|           |           |           |           |           | NG169   |
|           |           |           |           |           |         |
|           |           |           |           |           | MOBILE  |
|           |           |           |           |           | except  |
|           |           |           |           |           | aeron   |
|           |           |           |           |           | autical |
|           |           |           |           |           |         |
|           |           |           |           |           | mobile  |
|           |           |           |           |           | NG170   |
|           |           |           |           |           |         |
|           |           |           |           |           | US245   |
|           |           |           |           |           | US348   |
|           |           |           |           |           | US349   |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | See next  |           |           | See next  | See     |
|           | page for  |           |           | page for  | next    |
|           | 3700-4200 |           |           |           | page    |
|           | MHz       |           |           | 3700-4200 | for     |
|           |           |           |           | MHz       |         |
|           |           |           |           |           | 37      |
|           |           |           |           |           | 00-4200 |
|           |           |           |           |           | MHz     |
+-----------+-----------+-----------+-----------+-----------+---------+

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US110 In the bands 3100-3300 MHz, 3500-3650 MHz, 5250-5350 MHz,
8500-9000 MHz, 9200-9300 MHz, 9500-10000 MHz, 13.4-14.0 GHz, 15.7-17.3
GHz, 24.05-24.25 GHz and 33.4-36.0 GHz, the non-Government radiolocation
service shall be secondary to the Government radiolocation service and
to airborne doppler radars at 8800 MHz, and shall provide protection to
airport surface detection equipment (ASDE) operating between 15.7-16.2
GHz.

\* \* \* \* \*

US348 The band 3650-3700 MHz is also allocated to the Government
radiolocation service on a primary basis at the following sites: St.
Inigoes, MD (38° 10\' N, 76° 23\' W); Pascagoula, MS (30° 22\' N, 88°
29\' W); and Pensacola, FL (30° 21\' 28\'\' N, 87° 16\' 26\'\' W). All
fixed and fixed satellite operations within 80 kilometers of these sites
shall be coordinated through the Frequency Assignment Subcommittee of
the Interdepartmental Radio Advisory Committee on a case-by-case basis.

US349 The band 3650-3700 MHz is also allocated to the Government
radiolocation service on a non-interference basis for use by ship
stations located at least 44 nautical miles in off-shore ocean areas on
the condition that harmful interference is not caused to non-Government
operations.

\* \* \* \* \*

NON-FEDERAL GOVERNMENT (NG) FOOTNOTES

\* \* \* \* \*

NG169 After December 1, 2000, operations on a primary basis by the
fixed-satellite service (space-to-Earth) in the band 3650-3700 MHz shall
be limited to grandfathered earth stations. All other fixed-satellite
service earth station operations in the band 3650-3700 MHz shall be on a
secondary basis. Grandfathered earth stations are those authorized prior
to December 1, 2000, or granted as a result of an application filed
prior to December 1, 2000, and constructed within 12 months of initial
authorization. license applications for primary operations for new earth
stations, major amendments to pending earth station applications, or
applications for major modifications to earth station facilities filed
on or after December 18, 1998, and prior to December 1, 2000, shall not
be accepted unless the proposed facilities are in the vicinity (*i.e.*
within 10 miles) of an authorized primary earth station operating in the
band 3650-3700 MHz. License applications for primary operations by new
earth stations, major amendments to pending earth station applications,
and applications for major modifications to earth station facilities,
filed after December 1, 2000, shall not be accepted, except for changes
in polarization, antenna orientation or ownership of a grandfathered
earth station.

NG170 In the band 3650-3700 MHz, the mobile except aeronautical mobile
service is limited to base station operations. These base stations are
subject to the same coordination procedures as fixed service operations
in the band 3650-3700 MHz.

\* \* \* \* \*

FEDERAL GOVERNMENT (G) FOOTNOTES

\* \* \* \* \*

G59 In the bands 902-928 MHz, 3100-3300 MHz, 3500-3650 MHz, 5250-5350
MHz, 8500-9000 MHz, 9200-9300 MHz, 13.4-14.0 GHz, 15.7-17.7 GHz and
24.05-24.25 GHz, all Government non-military radiolocation shall be
secondary to military radiolocation, except in the sub-band 15.7-16.2
GHz airport surface detection equipment (ASDE) is permitted on a
co-equal basis subject to coordination with the military departments.

\* \* \* \* \*

G110 Government ground-based stations in the aeronautical
radionavigation service may be authorized between 3500-3650 MHz when
accommodation in the band 2700-2900 MHz is not technically and/or
economically feasible.

\* \* \* \* \*

**PART 90 \-- PRIVATE LAND MOBILE RADIO SERVICES**

3\. The authority citation for Part 90 continues to read as follows:

**AUTHORITY: Secs. 4(i), 11, 303(g), 303(r) and 332(c)(7) of the
Communications Act of 1934 as amended, 47 U.S.C. 154(i), 161, 303(g),
303(r), and 332(c)(7), unless otherwise noted.**

4\. Section 90.103(b) is amended by replacing the table entry 3500-3700
under the heading \"megahertz\" with the following entry:

§ **90.103 Radiolocation Service**

\* \* \* \* \*

3500-3650 ..............\| ....... do
..................................\| 12

\* \* \* \* \*

**APPENDIX E: PROPOSED RULES**

For those reasons discussed in the accompanying Second Notice of
Proposed Rulemaking, parts 2, 25 and 27 of Title 47 of the Code of
Federal Regulations are proposed to be amended as follows:

**PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS**

1\. The authority citation for Part 2 continues to read as follows:

**AUTHORITY: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless
otherwise noted.**

2\. Section 2.106, the Table of Frequency Allocations, is amended by
adding the following non-Government footnote:

NGXXX Fixed-satellite service systems that operate primarily outside the
3650-3700 MHz band may be authorized to perform space operations, such
as, telemetry, tracking and telecommand operations in the band 3650-3700
MHz, provided the requirement in §25.202(g)(1) of this chapter is
satisfied.

# PART 25 -- SATELLITE COMMUNICATIONS {#part-25-satellite-communications .unnumbered}

3\. The authority citation for Part 25 continues to read as follows:

**AUTHORITY: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47
U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 322,
unless otherwise noted.**

4\. Section 25.202 is modified in paragraph (g) by adding a new
paragraph (g)(1) to read as follows:

**§ 25.202 [Frequencies, frequency tolerance and emission
limitations]{.underline}.**

\* \* \* \* \*

\(g\) \* \* \* \* \*

\(1\) Telemetry, tracking and telecommand functions for satellite
service systems operating outside of the band 3650-3700 MHz may be
authorized on a secondary basis in the 3650-3700 MHz band upon a
particularized showing of need.

# PART 27 -- MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES {#part-27-miscellaneous-wireless-communications-services .unnumbered}

5\. The authority citation for Part 27 continues to read as follows:

**AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337,
unless otherwise noted.**

6\. Section 27.1 is modified by adding a new paragraph (b)(3) to read as
follows:

**§ 27.1 [Basis and purpose]{.underline}.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(3\) 3650-3700 MHz band.

\* \* \* \* \*

7\. Section 27.4 is modified by adding the following definition

*Grandfathered fixed satellite service earth station*. An earth station
in the 3650-3700 MHz band is an earth station that is authorized prior
to December 1, 2000, or granted as a result of an application filed
prior to December 1, 2000.

8\. Section 27.5 is modified by adding a new paragraph (c) to read as
follows:

**§ 27.5 [Frequencies]{.underline}.**

\* \* \* \* \*

\(c\) [3650-3700 MHz band]{.underline}. The 3650-3700 MHz band is
available for licensing pursuant to this part.

9\. Section 27.14 is modified by redesignating paragraph (d) as
paragraph (e) and adding a new paragraph (d) to read as follows:

**§ 27.14 [Construction requirements; criteria for comparative renewal
proceedings]{.underline}.**

\* \* \* \* \*

\(d\) [3650-3700 MHz band]{.underline}.

\(1\) For a WCS licensee that offers fixed, point-to-point service, the
construction of four permanent links per one million people in its
licensed service area within the prescribed license term set forth in §
27.13 of this part would constitute substantial service.

\(2\) For a WCS licensee that offers fixed, point-to-multipoint service,
a demonstration of coverage of 20 percent of the population of its
licensed service area within the prescribed license term set forth in §
27.13 of this part would constitute substantial service.

\(3\) For a licensee that offers fixed satellite service, the
construction of one earth station per licensed service area within the
prescribed license term set forth in § 27.13 of this part would
constitute substantial service.

\* \* \* \* \*

10\. Section 27.50 is modified by redesignating paragraph (c) as
paragraph (d) and adding a new paragraph (c) to read as follows:

**§ 27.50 [Power limits]{.underline}.**

\* \* \* \* \*

\(c\) The following power and antenna height limits apply to base and
fixed stations operating in the 3650-3700 MHz band: Base and fixed
stations must not exceed an effective radiated power of 1640 watts and
an antenna height of 300 m height above average terrain, or its
equivalent.

11\. Section 27.53 is modified by redesignating paragraph (f) as
paragraph (g) and adding a new paragraph (f) to read as follows:

**§ 27.53 [Emission limits]{.underline}.**

\* \* \* \* \*

\(f\) Base and fixed service operations in the 3650-3700 MHz band are
subject to the emission limits set forth in § 101.111 of this chapter.

\* \* \* \* \*

12\. Section 27.55 is modified by adding a new paragraph (c) to read as
follows:

**§ 27.55 [Field strength limits]{.underline}.**

\* \* \* \* \*

\(c\) 3650-3700 MHz band: 54 dBµV/m

13\. Section 27.57 is revised to read as follows:

**[§ 27.57 International coordination.]{.underline}**

WCS licensees shall comply with the appropriate coordination agreements
between the United States and Canada and the United States and Mexico
concerning cross-border sharing and use of WCS bands. Operations in the
border areas shall be subject to coordination with bordering countries
and provide protection to non-U.S. operations in the appropriate
frequency bands. In addition, satellite operations in WCS spectrum shall
be subject to international satellite coordination procedures.

14\. Section 27.58 is revised by inserting introductory text before
paragraph (a) to read as follows:

**§ 27.58 [Interference to MDS/ITFS receivers]{.underline}.**

The following rules concerning interference to Multipoint Distribution
Service ("MDS") and Instructional Television Fixed Service ("ITFS")
receivers apply only to WCS licensees in the 2305-2320 and 2345-2360 MHz
bands.

\* \* \* \* \*

15\. Section 27.61 is added to read as follows.

**§ 27.61 [FS/FSS Coordination Procedure]{.underline}.**

Base and fixed service transmitters in the 3650-3700 MHz band that are
located within 200 kilometers of a grandfathered fixed satellite service
earth station must be coordinated prior to construction to reduce the
potential for interference. The fixed station licensee must use the
coordination procedures specified in **§** 101.21 of this chapter.

16\. A new Subpart H is added to read as follows.

**Subpart H -- Competitive Bidding Procedures for the**

**3650-3700 MHz Band**

**§ 27.701 [3650-3700 MHz band subject to competitive
bidding]{.underline}.**

Mutually exclusive initial applications for terrestrial service licenses
in the 3650-3700 MHz band are subject to competitive bidding procedures.
The procedures set forth in part 1, subpart Q, of this chapter will
apply unless otherwise provided in this part.

**§ 27.702 [Designated entities]{.underline}.**

\(a\) [Eligibility for small business provisions]{.underline}.

\(1\) A very small business is an entity that, together with its
controlling interests and affiliates, has average gross revenues not
exceeding \$3 million for the preceding three years.

\(2\) A small business is an entity that, together with its controlling
interests and affiliates, has average gross revenues not exceeding \$15
million for the preceding three years.

\(3\) An entrepreneur is an entity that, together with its controlling
interests and affiliates, has average gross revenues not exceeding \$40
million for the preceding three years.

\(4\) For purposes of determining whether an entity meets any of the
definitions set forth in paragraphs (a)(1), (a)(2), or (a)(3) of this
section, the gross revenues of the entity, its controlling interests and
affiliates shall be considered in the manner set forth in § 1.2110(b)
and (c) of this chapter.

\(5\) A consortium of very small businesses is a conglomerate
organization formed as a joint venture between or among mutually
independent business firms, each of which individually satisfies the
definition in paragraph (a)(1) of this section. A consortium of small
businesses is a conglomerate organization formed as a joint venture
between or among mutually independent business firms, each of which
individually satisfies the definition in paragraph (a)(2) of this
section. A consortium of entrepreneurs is a conglomerate organization
formed as a joint venture between or among mutually independent business
firms, each of which individually satisfies the definition in paragraph
(a)(3) of this section. Where an applicant or licensee is a consortium
of small businesses (or very small businesses or entrepreneurs), the
gross revenues of each small business (or very small business or
entrepreneur) shall not be aggregated.

\(b\) [Bidding credits]{.underline}. A winning bidder that qualifies as
a very small business or a consortium of very small businesses as
defined in this section may use the bidding credit specified in §
1.2110(f)(2)(i) of this chapter. A winning bidder that qualifies as a
small business or a consortium of small businesses as defined in this
section may use the bidding credit specified in § 1.2110(f)(2)(ii) of
this chapter. A winning bidder that qualifies as an entrepreneur or a
consortium of entrepreneurs as defined in this section may use the
bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.

**APPENDIX F**

**PRELIMINARY LISTS OF GRANDFATHERED FSS EARTH STATIONS**[^368]

**NOTE: A FINAL LIST WILL BE ISSUED IN A FUTURE PUBLIC NOTICE**

+--------+----------------+-----------------+------------+------------+
| *      |                |                 |            |            |
| *Table |                |                 |            |            |
| 1:     |                |                 |            |            |
| Auth   |                |                 |            |            |
| orized |                |                 |            |            |
| Ex     |                |                 |            |            |
| tended |                |                 |            |            |
| C-Band |                |                 |            |            |
| Earth  |                |                 |            |            |
| Stat   |                |                 |            |            |
| ions** |                |                 |            |            |
|        |                |                 |            |            |
| (R     |                |                 |            |            |
| eceive |                |                 |            |            |
| at     |                |                 |            |            |
| 362    |                |                 |            |            |
| 5-3700 |                |                 |            |            |
| MHz    |                |                 |            |            |
| and    |                |                 |            |            |
| Tr     |                |                 |            |            |
| ansmit |                |                 |            |            |
| at     |                |                 |            |            |
| 585    |                |                 |            |            |
| 0-5925 |                |                 |            |            |
| MHz)   |                |                 |            |            |
| [^369] |                |                 |            |            |
+--------+----------------+-----------------+------------+------------+
| State  | ## City {#cit  | North Latitude  | West       | License    |
|        | y .unnumbered} |                 | Longitude  |            |
+--------+----------------+-----------------+------------+------------+
| Cali   | Carmel Valley  | 36^o^ 24\' 10\" | 121^o^     | KA23       |
| fornia |                |                 | 38\' 48\"  |            |
+--------+----------------+-----------------+------------+------------+
|        | Culver City    | 34^o^ 01\' 06\" | 118^o^     | KA298      |
|        |                |                 | 24\' 13\"  |            |
+--------+----------------+-----------------+------------+------------+
|        | Livermore      | 37^o^ 45\' 40\" | 121^o^     | KA232      |
|        |                |                 | 47\' 53\"  |            |
+--------+----------------+-----------------+------------+------------+
|        | Los Angeles    | 34^o^ 01\' 53\" | 118^o^     | KA382      |
|        |                |                 | 27\' 18\"  |            |
+--------+----------------+-----------------+------------+------------+
|        |                | 34^o^ 01\' 54\" | 118^o^     | KA383      |
|        |                |                 | 27\' 15\"  |            |
+--------+----------------+-----------------+------------+------------+
|        | Malibu         | 34^o^ 04\'      | 118^o^     | KA91       |
|        |                | 49.7\"          | 53\' 44\"  |            |
+--------+----------------+-----------------+------------+------------+
|        |                | 34^o^ 04\'      | 118^o^     | KA273      |
|        |                | 50.3\"          | 53\' 46\"  |            |
+--------+----------------+-----------------+------------+------------+
|        |                | 34° 4\' 51\"    | 118° 53\'  | KB32       |
|        |                |                 | 44\"       |            |
+--------+----------------+-----------------+------------+------------+
|        | Mountain House | 37^o^ 45\' 01\" | 121^o^     | KA206      |
|        |                |                 | 35\' 34\"  |            |
+--------+----------------+-----------------+------------+------------+
|        |                | 37^o^ 45\' 02\" | 121^o^     | KA86       |
|        |                |                 | 35\' 35\"  |            |
+--------+----------------+-----------------+------------+------------+
|        | Niles Canyon   | 37^o^ 35\' 56\" | 121^o^     | KA93       |
|        |                |                 | 56\' 32\"  |            |
+--------+----------------+-----------------+------------+------------+
|        |                | 37^o^ 36\' 00\" | 121^o^     | KA82       |
|        |                |                 | 56\' 35\"  |            |
+--------+----------------+-----------------+------------+------------+
|        | Salt Creek     | 38^o^ 56\'      | 122^o^     | KA371      |
|        |                | 20.2\"          | 08\' 48\"  |            |
+--------+----------------+-----------------+------------+------------+
|        |                | 38^o^ 56\' 21\" | 122^o^     | KA372      |
|        |                |                 | 08\' 49\"  |            |
+--------+----------------+-----------------+------------+------------+
|        |                | 38^o^ 56\'      | 122^o^     | KA373      |
|        |                | 22.3\"          | 08\' 50\"  |            |
+--------+----------------+-----------------+------------+------------+
|        | Somis          | 34^o^ 19\' 31\" | 118^o^     | KA318      |
|        |                |                 | 59\' 41\"  |            |
+--------+----------------+-----------------+------------+------------+
|        | Sylmar         | 34^o^ 19\' 04\" | 118^o^     | KA274      |
|        |                |                 | 29\' 00\"  |            |
+--------+----------------+-----------------+------------+------------+

+-----------+-------------+-----------------+------------+------------+
| **Table 1 |             |                 |            |            |
| c         |             |                 |            |            |
| ontinued: |             |                 |            |            |
| A         |             |                 |            |            |
| uthorized |             |                 |            |            |
| Extended  |             |                 |            |            |
| C-Band    |             |                 |            |            |
| Earth     |             |                 |            |            |
| S         |             |                 |            |            |
| tations** |             |                 |            |            |
+-----------+-------------+-----------------+------------+------------+
| State     | City        | North Latitude  | West       | License    |
|           |             |                 | Longitude  |            |
+-----------+-------------+-----------------+------------+------------+
| Florida   | Medley      | 25^o^ 50\' 26\" | 80^o^ 19\' | E960406    |
|           |             |                 | 03\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 25^o^ 51\' 19\" | 80^o^ 19\' | E960068    |
|           |             |                 | 52\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Melbourne   | 28^o^ 02\' 25\" | 80^o^ 35\' | KA354      |
|           |             |                 | 48\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 28^o^ 05\' 10\" | 80^o^ 38\' | E950276    |
|           |             |                 | 10\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Miami       | 25^o^ 48\' 34\" | 80^o^ 21\' | E940470    |
|           |             |                 | 11\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 25^o^ 48\' 35\" | 80^o^ 21\' | KA407      |
|           |             |                 | 10\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 25^o^ 48\' 35\" | 80^o^ 21\' | KA412      |
|           |             |                 | 11\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Miramar     | 25^o^ 58\' 32\" | 80^o^ 17\' | E960105    |
|           |             |                 | 00\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Orlando     | 28^o^ 25\' 29\" | 81^o^ 07\' | KA280      |
|           |             |                 | 21\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Palm Bay    | 28^o^ 02\' 28\" | 80^o^ 35\' | KA400      |
|           |             |                 | 42\"       |            |
+-----------+-------------+-----------------+------------+------------+
| Guam      | Pulantat    | 13^o^ 25\' 00\" | 144^o^     | KA28 KA326 |
|           |             |                 | 44\'       |            |
|           |             |                 | 57\"[^370] |            |
+-----------+-------------+-----------------+------------+------------+
| Hawaii    | Paumalu     | 21° 40\' 26\"   | 158° 2\'   | KA25       |
|           |             |                 | 13\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 21° 40\' 27\"   | 158° 2\'   | KA265      |
|           |             |                 | 16\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 21° 40\' 27\"   | 158° 2\'   | KA266      |
|           |             |                 | 16\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 21° 40\' 25.5\" | 158° 2\'   | KA267      |
|           |             |                 | 16\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 21° 40\' 25\"   | 158° 2\'   | KA268      |
|           |             |                 | 16\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 21° 40\' 24\"   | 158° 2\'   | KA269      |
|           |             |                 | 16\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 21° 40\' 24\"   | 158° 2\'   | KA270      |
|           |             |                 | 16\"       |            |
+-----------+-------------+-----------------+------------+------------+
| Maine     | Andover     | 44^o^ 37\' 57\" | 70^o^ 42\' | KA276      |
|           |             |                 | 01\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 44^o^ 37\' 58\" | 70^o^ 41\' | KA349      |
|           |             |                 | 54\"       |            |
+-----------+-------------+-----------------+------------+------------+
| ###       | ##### Et    | 39^o^ 16\' 48\" | 79^o^ 44\' | WA21       |
| ## West V | am {#etam . |                 | 14\"       |            |
| irginia { | unnumbered} |                 |            |            |
| #west-vir |             |                 |            |            |
| ginia .un |             |                 |            |            |
| numbered} |             |                 |            |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 39^o^ 16\' 50\" | 79^o^ 44\' | KA378      |
|           |             |                 | 13\"       |            |
+-----------+-------------+-----------------+------------+------------+
| Maryland  | Clarksburg  | 39° 13\' 5.6\"  | 77° 16\'   | KA259      |
|           |             |                 | 12\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 39° 13\' 07\"   | 77° 16\'   | KA275      |
|           |             |                 | 12\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 39° 13\' 5\"    | 77° 16\'   | KA260      |
|           |             |                 | 12\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 39° 13\' 2.2\"  | 77° 16\'   | KA261      |
|           |             |                 | 12\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 39° 13\' 1.4\"  | 77° 16\'   | KA262      |
|           |             |                 | 13\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 39° 13\' 4.8\"  | 77° 16\'   | KA263      |
|           |             |                 | 15\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 39° 13\' 4.8\"  | 77° 16\'   | KA264      |
|           |             |                 | 15\"       |            |
+-----------+-------------+-----------------+------------+------------+

+-----------+-------------+-----------------+------------+------------+
| ###       |             |                 |            |            |
| Table 1 c |             |                 |            |            |
| ontinued: |             |                 |            |            |
|  Authoriz |             |                 |            |            |
| ed Extend |             |                 |            |            |
| ed C-Band |             |                 |            |            |
|  Earth St |             |                 |            |            |
| ations {# |             |                 |            |            |
| table-1-c |             |                 |            |            |
| ontinued- |             |                 |            |            |
| authorize |             |                 |            |            |
| d-extende |             |                 |            |            |
| d-c-band- |             |                 |            |            |
| earth-sta |             |                 |            |            |
| tions .un |             |                 |            |            |
| numbered} |             |                 |            |            |
+-----------+-------------+-----------------+------------+------------+
| State     | City        | North Latitude  | West       | License    |
|           |             |                 | Longitude  |            |
+-----------+-------------+-----------------+------------+------------+
| Mass      | W           | 42^o^ 07\' 01\" | 71^o^ 38\' | E980517    |
| achusetts | hitinsville |                 | 11\"       |            |
+-----------+-------------+-----------------+------------+------------+
| Midway    | Midway      | 28 ^o^ 13\'     | 177 ^o^    | E960325    |
| Atoll     | Atoll       | 11\"            | 22\' 5\"   |            |
+-----------+-------------+-----------------+------------+------------+
| New       | Franklin    | 41^o^ 07\' 04\" | 74^o^ 34\' | E6777      |
| Jersey    |             |                 | 33\"       | KA231      |
+-----------+-------------+-----------------+------------+------------+
| New York  | Hauppauge   | 40° 49\' 15\"   | 73° 15\'   | E950436    |
|           |             |                 | 50\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Staten      | 40° 36\' 13\"   | 74° 10\'   | KA308      |
|           | Island      |                 | 39\"       |            |
+-----------+-------------+-----------------+------------+------------+
| North     | West        | 36^o^ 25\' 50\" | 81^o^ 23\' | E970334    |
| Carolina  | Jefferson   |                 | 45\"       |            |
+-----------+-------------+-----------------+------------+------------+
| Oregon    | Moores      | 45^o^ 20\' 33\" | 123^o^     | CSG-       |
|           | Valley      |                 | 17\' 15\"  | 90-101-P/L |
+-----------+-------------+-----------------+------------+------------+
| Pen       | Roaring     | 40^o^ 53\'      | 76^o^ 26\' | KA444      |
| nsylvania | Creek       | 35.9\"          | 23\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 40^o^ 53\'      | 76^o^ 26\' | WA33       |
|           |             | 37.5\"          | 22\"       |            |
+-----------+-------------+-----------------+------------+------------+
| Puerto    | Carolina    | 18^o^ 26\' 00\" | 65^o^ 59\' | KA377      |
| Rico      |             |                 | 35\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Cayey       | 18^o^ 08\' 00\" | 66^o^ 07\' | KA320      |
|           |             |                 | 57\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Humacao     | 18^o^ 09\' 05\" | 65^o^ 47\' | E872647    |
|           |             |                 | 20\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Rio Piedras | 18^o^ 14\' 30\" | 66^o^ 01\' | KA403      |
|           |             |                 | 50\"       |            |
+-----------+-------------+-----------------+------------+------------+
| Tennessee | Nashville   | 36^o^ 14\'      | 86^o^ 45\' | E970010    |
|           |             | 6.2\"           | 20\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 36^o^ 14\'      | 86^o^ 45\' | E960073    |
|           |             | 5.7\"           | 19\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 36^o^ 14\'      | 86^o^ 45\' | E960050    |
|           |             | 5.7\"           | 21\"       |            |
+-----------+-------------+-----------------+------------+------------+
| Texas     | Desoto      | 32 ^o^ 37\'     | 96 ^o^     | KA306      |
|           |             | 48\"            | 50\' 32\"  |            |
+-----------+-------------+-----------------+------------+------------+
| Virginia  | Alexandria  | 38^o^ 47\' 36\" | 77^o^ 09\' | KA81       |
|           |             |                 | 59\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Reston      | 38° 57\' 00\"   | 77° 22\'   | E950406    |
|           |             |                 | 40\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Shenandoah  | 38^o^ 43\' 45\" | 78^o^ 39\' | KA255      |
|           |             |                 | 26\"       |            |
+-----------+-------------+-----------------+------------+------------+
| W         | Brewster    | 48^o^ 08\' 51\" | 119^o^     | KA294      |
| ashington |             |                 | 41\' 29\"  |            |
+-----------+-------------+-----------------+------------+------------+
|           |             | 48^o^ 08\' 51\" | 119^o^     | E960222    |
|           |             |                 | 41\' 29\"  |            |
+-----------+-------------+-----------------+------------+------------+
| West      | Albright    | 39^o^ 34\' 07\" | 79^o^ 34\' | KA413      |
| Virginia  |             |                 | 45\"       |            |
+-----------+-------------+-----------------+------------+------------+
|           | Rowlesburg  | 39^o^ 16\'      | 79^o^ 44\' | KA351      |
|           |             | 52.1\"          | 11\"       |            |
+-----------+-------------+-----------------+------------+------------+

  --------------- ---------------------- ------------ ----------- -----------
  **Table 2:                                                      
  Sites                                                           
  Authorized for                                                  
  Less than the                                                   
  Entire                                                          
  3650-3700 MHz                                                   
  C-Band**                                                        

  Band            City, State            Latitude     Longitude   License

  3685-3700 MHz   Miami, Florida         25^o^ 28\'   80^o^ 10\'  E970362
                                         48\"         48\"        

                  Atlanta, Georgia       33^o^ 52\'   84^o^ 27\'  E970197
                                         38.2\"       58\"        

                  Marietta, Georgia      33^o^ 55\'   84^o^ 29\'  E970364
                                         41\"         45\"        

                  Guaynabo, Puerto Rico  18^o^ 34\'   66^o^ 23\'  E970195
                                         10\"         00\"        

                  San Juan, Puerto Rico  18^o^ 22\'   66^o^ 07\'  E970196
                                         00\"         00\"        

  3698.7-3698.7   Rio Piedras, Puerto    18^o^ 22\'   66^o^ 04\'  KA426
  MHz             Rico                   59\"         09\"        

                  Caguas, Puerto Rico    18^o^ 17\'   66^o^ 03\'  E950405
                                         53\"         14\"        
  --------------- ---------------------- ------------ ----------- -----------

+--------------------+--------------------+-------------+-------------+
| **Table 3:         |                    |             |             |
| Authorized TT&C    |                    |             |             |
| Sites**            |                    |             |             |
|                    |                    |             |             |
| (Receive at        |                    |             |             |
| 3698.5‑3699.5 MHz  |                    |             |             |
| and Transmit at    |                    |             |             |
| 5923.5-5924.5 MHz) |                    |             |             |
+--------------------+--------------------+-------------+-------------+
| City, State        | Latitude           | Longitude   | License     |
+--------------------+--------------------+-------------+-------------+
| Three Peaks,       | 38^o^ 8\' 51.9\"   | 122^o^ 47\' | E950208     |
| California         |                    | 38\"        |             |
+--------------------+--------------------+-------------+-------------+
| Hawley,            | 41^o^ 27\' 51\"    | 75^o^ 7\'   | E950209     |
| Pennsylvania       |                    | 48\"        |             |
+--------------------+--------------------+-------------+-------------+

+--------------------+--------------------+-------------+-------------+
| **Table 4:         |                    |             |             |
| Authorized TT&C    |                    |             |             |
| Sites**            |                    |             |             |
|                    |                    |             |             |
| (Receive at        |                    |             |             |
| 3698.3‑3699.7 MHz  |                    |             |             |
| and Transmit at    |                    |             |             |
| 5923-5924 MHz)     |                    |             |             |
+--------------------+--------------------+-------------+-------------+
| City, State        | Latitude           | Longitude   | License     |
+--------------------+--------------------+-------------+-------------+
| CHEYENNE, WY       | 41^o^ 7\' 56\"     | 104^o^ 44\' | E950253     |
|                    |                    | 11\"        |             |
+--------------------+--------------------+-------------+-------------+
| CHEYENNE, WY       | 41^o^ 7\' 55.7\"   | 104^o^ 44\' | E980118     |
|                    |                    | 12\"        |             |
+--------------------+--------------------+-------------+-------------+

**APPENDIX G:**

**MAP OF COORDINATION ZONES AROUND GRANDFATHERED FSS EARTH STATIONS AND
GRANDFATHERED GOVERNMENT RADIOLOCATION STATIONS**

![](media/image1.png){width="5.999305555555556in"
height="8.016666666666667in"}

[^1]: *See* Pub.L. 104-104, Title VII, § 706, Feb. 8, 1996, 110 Stat.
    153, reproduced in the notes under 47 U.S.C. § 157 (\"Section
    706\"). Section 706(c)(1) defines \"advanced telecommunications
    capability . . . without regard to any transmission media or
    technology, as high-speed, switched, broadband telecommunications
    capability that enables users to originate and receive high-quality
    voice, data graphics, and video telecommunications using any
    technology.\" *See generally Inquiry Concerning the Deployment of
    Advanced Telecommunications Capability to All Americans in a
    Reasonable and Timely Fashion, and Possible Steps to Accelerate Such
    Deployment Pursuant to Section 706 of the Telecommunications Act of
    1996*, CC Docket 98-146, Second Report, FCC 00-290, (rel. Aug. 21,
    2000) (\"*Section 706 Second Report*\").

[^2]: *See* ¶¶ 82-88, *infra*.

[^3]: *See Amendment of the Commission's Rules with Regard to the
    3650-3700 MHz Government Transfer Band*, ET Docket No. 98-237,
    Notice of Proposed Rule Making and Order, 14 FCC Rcd at 1295,
    1297-98 (¶ 3) (1998) (\"*Notice and Order*\"). *See also Amendment
    of Part 2 of the Commission\'s Rules Regarding Implementation of the
    Final Acts of the World Administrative Radio Conference*, Geneva,
    1979, General Docket 80-739, Second Report and Order, 49 FR 2357
    (Jan. 19, 1984).

[^4]: *See Notice and Order*, 14 FCC Rcd at 1297 (¶ 3).

[^5]: *See* Appendix F. Earth stations that operate in the 3600-3700 MHz
    band require coordination with NTIA. We note that the earth stations
    listed in Appendix F are being coordinated with NTIA. We are working
    with NTIA to ensure that all earth stations are coordinated.

[^6]: Footnote US245 to the Table of Allocations states that \"The
    fixed-satellite service is limited to international
    inter-continental systems and subject to case-by-case
    electro-magnetic compatibility analysis.\" These numbers include
    four earth stations at three sites used to provide Telemetry,
    Tracking and Control (\"TT&C\") functions for satellite systems.
    Section 25.201 of the Commissions rules defines TT&C operations as
    follows: Space Telemetering is defined as the use of telemetering
    for the transmission from a space station of results of measurements
    made in a spacecraft, including those relating to the functioning of
    the spacecraft; Space Tracking is defined as determination of the
    orbit, velocity or instantaneous position of an object in space by
    means of radiodetermination, excluding primary radar, for the
    purpose of following the movement of the object; and Space
    Telecommand is defined as the use of radiocommunication for the
    transmission of signals to a space station to initiate, modify or
    terminate function of the equipment on a space object, including the
    space station. *See* 47 C.F.R. § 25.201.

[^7]: *See* *Omnibus Budget Reconciliation Act of 1993* ("OBRA-93"),
    Pub. L. No. 103-66, Title VI, § 6001(a)(3), 107 Stat. 312 (enacted
    August 10, 1993). S*ee also* H.R. Rep. No. 103-213, 103rd Cong., 1st
    Sess. (1993).

[^8]: *See Spectrum Reallocation Final Report, Response to Title VI -
    Omnibus Budget Reconciliation Act of 1993*, NTIA Special Publication
    95-3l2, released February 1995 (\"*Final Report*\"). Shared use
    means that a band of frequencies is generally available for both
    government and non-government use. *See* 47 C.F.R. § 2.105(b). Mixed
    use means that government use is limited by geographic area, by time
    or by other means so as to guarantee that the potential use by
    government stations is substantially less than the potential use to
    be made by non-government stations. *See* Section 113(b)(2)(B) of
    OBRA-93. *See* 47 U.S.C. § 923(b)(2)(B).

[^9]: *See Final Report* at Sections 4-16 through 4-21.

[^10]: *See* *The Balanced Budget Act of 1997*, Section 3002(c), Pub. L.
    105-33, 111 Stat. 251-258 (1997) (\"BBA\").

[^11]: *See* *Identification of Alternate Bands*, NTIA Special Pub.
    98-39 (1998), at 25-29.

[^12]: *See Notice and Order*, 14 FCC Rcd at 1295-96, 1299-300, 1305-06
    (¶¶ 1-2, 6-7, 13).

[^13]: *See* *Notice and Order*, 14 FCC Rcd at 1299-300, 1308 (¶¶ 6,
    17).

[^14]: *Id*. at 1308 (¶ 17).

[^15]: *Id*. at 1306 (¶ 14).

[^16]: *Id*. at 1307 (¶ 15).

[^17]: *Id*. at 1307 (¶ 16).

[^18]: *Id*.

[^19]: *Id*. at 1303 (¶ 10).

[^20]: *Id*. at 1302-05 (¶¶ 9-12).

[^21]: *Id*. at 1296-97 (¶ 2).

[^22]: *See MO&O*, 15 FCC Rcd at 9341 (¶ 4).

[^23]: *Id*.

[^24]: A complete list of commenters is contained in Appendix A.

[^25]: *See Notice and Order*, 14 FCC Rcd at 1295-96, 1299-1300 (¶¶ 1,
    6-7).

[^26]: *Id*. at 1295-96 (¶ 1).

[^27]: *Id*. at 1299-300 (¶ 6).

[^28]: *Id*. at 1295-96 (¶ 1).

[^29]: For example, the Mexican government has specified that the
    3400-3700 MHz band is to be used for local wireless telephony and
    has recently auctioned this band. Australia also has just announced
    an auction. The Canadian government has authorized trials of
    Nortel\'s Proximity-I system, which is also used in the United
    Kingdom. *See also* \"Update on Fixed Wireless Access in Canada
    (Updated paper),\" at
    http://www.tsacc.ic.gc.ca/RAST6/DOCS/rast-6-14.html. Domestically,
    Lucent Technologies and Interdigital Communications Corp. are
    conducting fixed wireless access (\"FWA\") experiments in the
    3400-3600 MHz band for the export market. Mountain
    Telecommunications Inc., (\"MountainTel\") has an experimental
    license, 0041-EX-ML-1999, for FWA service in the band.

[^30]: *See Notice and Order*, 14 FCC Rcd at 1299-300 (¶ 6).

[^31]: Note that FSS earth stations in the 3650-3700 MHz are authorized
    as space-to-Earth operations (i.e. downlinks).

[^32]: *See Notice and Order*, 14 FCC Rcd at 1308 (¶ 17).

[^33]: *Id*.

[^34]: *See, e.g*. CommNet Cellular, Inc., Kerville Telephone Company,
    Lincoln County Telephone System, Inc., Minnesota Southern Cellular
    Telephone Company, Penasco Valley Telephone Cooperative, Inc.,
    Ringgold Telephone Company, Sully Buttes Telephone Cooperative Inc.,
    3 Rivers Telephone Cooperative Inc. (\"Rural Carriers\") comments at
    2-3 and reply comments at 1; Cheyenne River Sioux Telephone
    Authority (\"CSRT\") comments at 1; Lucent Technologies (\"Lucent\")
    comments at 3; Motorola comments at 2; Telephone and Data Systems,
    Inc., (\"TDS\") comments at 2; The Rural Telecommunications Group
    (\"RTG\") comments at 3; SR Telecom Inc. (\"SR Telecom\") comments
    at 3; TRANSCOMM, Inc., (\"TRANSCOMM\") comments at 2; AT&T Corp.
    (\"AT&T\") comments at 6; and Western Wireless Corporation
    (\"Western Wireless\") comments at 1 and 5.

[^35]: *See* Rural Carriers comments at 2-3 and reply comments at 1.
    *See also*: Lucent comments at 3, Motorola comments at 1-3, TDS
    comments at 2, RTG comments at 3, SR Telecom comments at 3,
    TRANSCOMM comments at 2, AT&T comments at 6 and Western Wireless
    comments at 1 and 5.

[^36]: *See* RTG comments at 1, 4. *See also* Rural Carriers comments at
    2-3.

[^37]: *See* CRST comments at 1, 4. *See also* SR Telecom comments at 3,
    6-7; Airspan comments at 1-2; Lucent comments at 2-3; Motorola
    comments at 2; GTE reply comments at 6; Nortel comments at 4; and
    TRANSCOMM comments at 4.

[^38]: *See* CRST comments at 1 and TRANSCOMM comments at 5. While the
    Commission has not assigned a rulemaking number to this petition, it
    is available on the Commission's Electronic Comment Filing System
    (ECFS) at <http://www.fcc.gov/e-file/ecfs.html> under proceeding
    number PRM98ET, dated 09/30/1998.

[^39]: *See* COMSAT comments at 15. *See also* Lucent comments at 6;
    Motorola comments at 3; and SR Telecom comments at 4.

[^40]: *See* ImpSat comments at 1. *See also* Wold reply comments at
    1-2.

[^41]: *See* PanAmSat comments at 7.

[^42]: *See* COMSAT comments at 17-18. *See also* MCI WorldCom reply
    comments at 1.

[^43]: *See* Lockheed reply comments at 4. *See also* COMSAT comments at
    11-12.

[^44]: *See generally* National Telecommunications and Information
    Administration, *Falling Through the Net* (July 1999). *See also*
    *Section 706 Second Report*, at 6-7, 89-90.

[^45]: *See* *Section 706 Second Report*, at 88.

[^46]: *See* letter dated June 30, 2000 from William T. Hatch, Associate
    Administrator, NTIA to Dale Hatfield, Chief OET.

[^47]: *See* Innowave comments at 2. Additionally, Rural Carriers notes
    that a 50 MHz block of spectrum in the 3 GHz band could potentially
    support wireless Internet access with data rates surpassing digital
    subscriber line (\"DSL\") services, such as cable modems into
    remote, rural areas of the country. *See* Rural Carriers comments at
    4.

[^48]: *See The 4.9 GHz Band Transferred from Federal Government Use*,
    WT Docket No. 00-32, Notice of Proposed Rulemaking, 15 FCC Rcd 4778
    (2000) (\"*4.9 GHz Notice*\").

[^49]: *See* 47 C.F.R. § 2.1(c). A mobile station is defined as station
    in the mobile service intended to be used while in motion or during
    halts at unspecified points. *See also* 47 U.S.C. § 3(23) (defining
    land station), § 3(27) (defining mobile service), and § 3(28)
    (defining mobile station).

[^50]: *See* ¶¶ 103-109, *infra.*

[^51]: *See* Motorola comments at 3.

[^52]: *Id*.

[^53]: *See* 47 C.F.R. § 2.1(c).

[^54]: *Id*.

[^55]: *See Notice and Order*, 14 FCC Rcd at 1296-97, 1305-06 (¶¶ 2,
    13).

[^56]: *Id*. at 1305-06 (¶ 13).

[^57]: *See* ¶ 26, *infra* (discussing the difference between
    coordination zones and exclusion zones).

[^58]: *See* ¶ 6, *supra*.

[^59]: *See* BBA at Section 3002(a)(4). *See also* 47 U.S.C. § 309(j).

[^60]: *See Principles for Reallocation of Spectrum to Encourage the
    Development of Telecommunications Technologies for the New
    Millennium*, Policy Statement, 14 FCC Rcd 19868, 19880-81 (1999)
    ("*Spectrum Policy Statement*") at ¶ 27.

[^61]: *See* *Amendment of the Commission\'s Rules to Establish Part
    27*, the Wireless Communications Service (\"WCS\"), GN Docket No.
    96-228, Report and Order, 12 FCC Rcd 10785 (1997); *Amendment of
    Parts 2 and 95 of the Commission's Rules to Create a Wireless
    Medical Telemetry Service*, ET Docket 99-255, Report and Order, 15
    FCC Rcd. 11206.

[^62]: *See* BBA at Section 3002(c)(4).

[^63]: *Id. See also* NTIA Special Publication 98-39.

[^64]: *See* ¶¶ 120-127, *infra*. As discussed, recently enacted
    legislation prohibits the Commission from assigning licenses for
    international or global satellite services by competitive bidding.
    *See* ¶ 21, *infra*. The assignment of licenses for terrestrial
    services by competitive bidding, however, is not prohibited by this
    legislation. We note that the 24 GHz band is allocated for
    terrestrial fixed services and satellite services, and we recently
    adopted rules for awarding licenses for terrestrial fixed service in
    that band by competitive bidding. *See* *Amendments to Part 1, 2, 87
    and 101 of the Commission's Rules to License Fixed Services at 24
    GHz*, Report and Order, FCC 00-272, WT Docket No. 99-327 (rel. July
    31, 2000). Terrestrial services and satellite services also share
    the 39 GHz band, and we have auctioned terrestrial service licenses
    in that band. *See Amendment of the Commission\'s Rules Regarding
    the 37.0-38.6 GHz and 38.6-40.0 GHz Bands*, Report and Order and
    Second Notice of Proposed Rule Making, 12 FCC Rcd 18600 (1997); \"39
    GHz Band Auction Closes\", Public Notice, DA 00-1035, Report No.
    AUC-30-E (rel. May 10, 2000).

[^65]: *See* *Open-Market Reorganization for the Betterment of
    International Telecommunications Act*, Pub. L. No. 106-180, 114
    Stat. 48 (2000) ("ORBIT Act"). Specifically, Section 647 of the
    ORBIT Act provides:

    > Notwithstanding any other provision of law, the Commission shall
    > not have the authority to assign by competitive bidding orbital
    > locations or spectrum used for the provision of international or
    > global satellite communications services. The President shall
    > oppose in the International Telecommunication Union and in other
    > bilateral and multilateral fora any assignment by competitive
    > bidding of orbital locations and or spectrum used for provision of
    > such services.

[^66]: *See* ¶ 4, *supra*.

[^67]: *See Notice and Order*, 14 FCC Rcd at 1306 (¶ 14).

[^68]: *Id.*

[^69]: *Id*.

[^70]: *See* COMSAT comments at 2 and 6. *See also* Sprint comments at
    2; SIA comments at 2; PetroCom comments at 3; MCI WorldCom reply
    comments at 2-4; ICG reply comments at 1; and Sprint reply comments
    at 2.

[^71]: *See* Sprint comments at 3.

[^72]: *See* SR Telecom comments at 5. *See* also Rural Carriers reply
    comments at 9.

[^73]: *See* SR Telecom comments at 5.

[^74]: Earth station sites are grandfathered for the frequencies they
    are authorized to operate on pursuant to their license. We note that
    some existing earth stations are not authorized to use the entire
    3650-3700 MHz band. *See* Appendix F at Table 2.

[^75]: *See* ¶¶ 102-106, *infra*.

[^76]: *Id*.

[^77]: *See Notice and Order*, 14 FCC Rcd at 1296-97 and 1305-06 (¶¶ 2,
    13-14).

[^78]: *Id*. at 1296-97 (¶ 2).

[^79]: *See MO&O*, 15 FCC Rcd at 9340 (¶ 2).

[^80]: *Id*. at 9341-42 (¶ 4).

[^81]: A list of the coordinates of the currently existing FSS earth
    station sites that must be protected is included in Appendix F. The
    Commission will issue a public notice after the December cutoff date
    which will include the coordinates of any additional FSS sites that
    attain grandfathered status and must be protected. In addition, a
    subsequent Report and Order in this proceeding and Public Notices
    will provide the coordinates of all known sites requiring
    protection.

[^82]: *See* 47 C.F.R. § 25.133(a).

[^83]: Consistent with our current practice, we would not view a change
    of one second in latitude or longitude as a change in coordinates.

[^84]: *See* 47 C.F.R. § 25.161(c).

[^85]: The terms under which a licensee can enter into a lease or other
    private contractual arrangement regarding use of licensed spectrum
    is one of the issues that the Commission has under consideration as
    part of its secondary markets initiative. *See* "FCC Announces
    Public Forum on Secondary Markets in Radio Spectrum," *Public
    Notice* (rel. April 13, 2000) (announcing public forum in connection
    with Commission initiative to develop rules and policies to promote
    secondary markets in radio spectrum).

[^86]: *See* Echostar comments at 2.

[^87]: *See In the Matter of Directsat Corporation*, Order, 11 FCC Rcd
    22375, 22378-79 (¶ 11).

[^88]: *See* Echostar comments at 2.

[^89]: *Id*. at 4-5.

[^90]: *Id*.

[^91]: *See* Appendix F at Tables 3 and 4.

[^92]: *See* Petition for Rulemaking filed on August 7, 1997 in RM-9411.

[^93]: *See* *Public Notice*, Report Number 2306, dated November 23,
    1998.

[^94]: *See* letter dated March 12, 1999, from Dale Hatfield, Chief, OET
    to Mr. William Hatch, Acting Associate Administrator, NTIA.

[^95]: *See* letter dated November 2, 1999 from William T. Hatch, Acting
    Associate Administrator, NTIA to Dale Hatfield, Chief, OET
    (\"*November NTIA letter*\").

[^96]: See ¶¶ 129-132, *infra*.

[^97]: *See Notice and Order*, 14 FCC Rcd at 1307 (¶ 15).

[^98]: *See* Nortel comments at iii, 13.

[^99]: *See Notice and Order*, 14 FCC Rcd at 1298-99 (¶ 4). The three
    grandfathered sites are at St. Inigoes, Maryland, Pascagoula,
    Mississippi, and Pensacola, Florida.

[^100]: *See* *November NTIA letter* referenced at note Error: Reference
    source not found, *supra*.

[^101]: *See Notice and Order*, 14 FCC Rcd at 1303-04 (¶ 11).

[^102]: Petroleum Communications, Inc. (\"PetroCom\") made general
    comments about coordination with military operations, however, these
    were directed at adjacent band operations.

[^103]: *See* Innowave comments at 4.

[^104]: *See* ¶¶ 102-109, *infra*.

[^105]: *See Notice and Order*, 14 FCC Rcd at 1307 (¶ 16).

[^106]: *See Notice and Order*, 14 FCC Rcd at 1307 (¶ 16).

[^107]: *See* *November NTIA letter* referenced at note Error: Reference
    source not found, *supra*.

[^108]: *Id*.

[^109]: *Id*.

[^110]: *See* SR Telecom comments at 5-6.

[^111]: *See* PetroCom comments at 4.

[^112]: 1 nautical mile = 1.15 statute miles.

[^113]: *See Spectrum Reallocation Final Report, Response to Title VI -
    Omnibus Budget Reconciliation Act of 1993,* NTIA Special Publication
    95-32, released February 1995.

[^114]: 1 statute mile = 1.609 kilometers

[^115]: *See Notice and Order* 14 FCC Rcd at 1298-99 (¶ 4).

[^116]: *See Notice and Order*, 14 FCC Rcd at 1307 (¶ 16).

[^117]: *See* SR Telecom comments at 5.

[^118]: As explained above, the 3650-3700 MHz band is a permissible
    substitute for 15 MHz of spectrum at 1990-2110 MHz, which the BBA
    directs the Commission to assign by competitive bidding. *See* ¶¶ 6,
    19, *supra*.

[^119]: *See Notice and Order*, 14 FCC Rcd at 1303 (¶ 10).

[^120]: *Id*.

[^121]: *Id*.

[^122]: *Id*.

[^123]: *Id*.

[^124]: *Id*.

[^125]: Existing incumbent earth stations and any new applications
    meeting the criteria articulated in the *MO&O*, submitted prior to
    December 1, 2000, and subsequently authorized for service by the
    Commission and that commence operation within one year of initial
    authorization will be grandfathered on a co-primary basis.

[^126]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4778.

[^127]: *See* InnoWave comments at 3-4. *See also* SR Telecom comments
    at 9-10; Rural Carriers comments at 5-6.

[^128]: *See* Innowave comments at 2. Additionally, Rural Carriers notes
    that a 50 MHz block of spectrum in the 3 GHz band could potentially
    support wireless Internet access with data rates surpassing digital
    subscriber line (\"xDSL\") services, such as cable modems into
    remote, rural areas of the country. *See* Rural Carriers comments at
    4.

[^129]: *See* SR Telecom comments at 7; Airspan comments at 1-2. *See
    also* CRST comments at 1; Lucent comments at 2-3; Motorola comments
    at 2.

[^130]: *See* Motorola comments at 2. *See also* SR Telecom comments at
    6-7.

[^131]: *See* 47 C.F.R. Part 27 (WCS).

[^132]: *See* 47 C.F.R. § 27.3(g). *See also* Service Rules for the
    746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the
    Commission's Rules, WT Docket No. 99-168, *First Report and Order*,
    15 FCC Rcd 476 (2000) (\"*700 MHz First Report and Order*\").

[^133]: *See* 47 C.F.R. Part 101 (Fixed Microwave Services).

[^134]: *See* Biennial Regulatory Review \-- Amendment of Parts 0, 1,
    13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission\'s
    Rules to Facilitate the Development and Use of the Universal
    Licensing System in the Wireless Telecommunications Services, WT
    Docket No. 98-20, Amendment of the Amateur Service Rules to
    Authorize Visiting Foreign Amateur Operators to Operate Stations in
    the United States, WT Docket No. 96-188, RM-8677, *Report and
    Order*, 13 FCC Rcd 21027 (1998) (\"*ULS Report and Order*\").

[^135]: *See* <http://www.fcc.gov/wtb/uls>.

[^136]: *See* ¶¶ 102-109, *infra*.

[^137]: *See* 47 C.F.R. Part 25 (Satellite Communications).

[^138]: *See* Statement of Policy on Establishing a
    Government-to-Government Relationship with Indian Tribes, FCC 00-207
    (rel. June 23, 2000) (\"*Tribal Government Policy Statement*\").

[^139]: *See* *Rulemaking to Amend Parts 1, 2, 21, 25 of the
    Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
    To Reallocate the 27.5-29.5 GHz Frequency Band, To Reallocate the
    29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for
    Local Multipoint Distribution Service and for Fixed Satellite
    Services*, CC Docket No. 92-297, Second Report and Order, Order on
    Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd
    12545, 12636-38, 12644-45, 12652-53 (¶¶ 205-208, 225-226, 245-251)
    (1997) (\"*LMDS Second Report and Order*\"); *aff\'d*, Melcher v.
    FCC, 134 F.3d 1143 (D.C. Cir. 1998); *Erratum*, rel. Apr. 7, 1997
    (*First Erratum*); *Erratum*, rel. May 1, 1997; Order on
    Reconsideration, 12 FCC Rcd 6424 (1997); Second Order on
    Reconsideration, FCC 97-323, rel. Sept. 12, 1997; Third Report and
    Order, FCC 97-378, rel. Oct. 15, 1997; Third Order on
    Reconsideration, FCC 98-15, 63 Fed. Reg. 9443, rel. Feb. 11, 1998;
    Fourth Report and Order, 13 FCC Rcd 11655 (1998) (\"*LMDS Fourth
    Report and Order*\"); *see also* 47 C.F.R. § 101.1017.

[^140]: *See* *Amendment of the Commission's Rules to Establish Part
    27*, the Wireless Communications Services (WCS*)*, GN Docket No.
    96-228, Report and Order, 12 FCC Rcd 10785, 10846, 10848 (¶¶ 119,
    122) (1997) (\"*Part 27 Report and Order*\").

[^141]: *See 4.9 GHz Notice,*15 FCC Rcd at 4792 (¶ 31).

[^142]: *See* 47 C.F.R. § 27.10, as amended by *700 MHz First Report and
    Order*.

[^143]: *See* *Part 27 Report and Order*, 12 FCC Rcd at 10848 (¶ 121).
    *See also* *LMDS Second Report and Order*, 12 FCC Rcd at 12644 (¶
    223); 47 C.F.R. § 101.1013.

[^144]: *Id*.

[^145]: *See* *Part 27 Report and Order*, 12 FCC Rcd at 10790 (¶ 12).
    The Commission examined services in the *LMDS Second Report and
    Order* and explained that any video programming service would be
    treated as a non-common carrier service. *See also* *LMDS Second
    Report and Order*, 12 FCC Rcd at 12639-41 (¶¶ 213-215). Thus, any
    applicant intending to provide a video programming service would
    appropriately indicate a choice of non-common carrier regulatory
    status.

[^146]: *See* 47 U.S.C. § 153(44).

[^147]: *See* 47 U.S.C. § 153(46).

[^148]: *See* Amendments to Parts 1, 2 and 101 of the Commission\'s
    Rules To License Fixed Services at 24 GHz*,* WT Docket 99-327,
    *Report and Order*, FCC 00-272, ¶ 27, (rel. Aug. 1, 2000) (\"*24 GHz
    Report and Order*\").

[^149]: *See* 47 C.F.R. § 51.100.

[^150]: *See* 47 C.F.R. §§ 51.201 - 51.223.

[^151]: *See Part 27 Report and Order*, 12 FCC Rcd at 10848 (¶ 121).

[^152]: *See* Sections 101.61(b)(3) and 101.61(c)(9) of the
    Commission\'s rules, 47 C.F.R. §§ 101.61(b)(3), 101.61(c)(9). A
    change in regulatory status would require Commission prior
    authorization, however, if the change raised issues concerning the
    benchmark contained in Section 310(b)(4) of the Act. 47 U.S.C. §
    310(b)(4). *See also* note Error: Reference source not found,
    *infra*.

[^153]: *See* 47 C.F.R. § 27.66, as codified by *700 MHz First Report
    and Order*.

[^154]: *See* 47 C.F.R. §§ 1.947 and 101.305.

[^155]: *See 4.9 GHz Notice*, 15 FCC Rcd 4793 (¶ 33)

[^156]: *See* 47 U.S.C. § 303(y)(2).

[^157]: *See* BBA, Pub. L. No. 105-33, 111 Stat. 251.

[^158]: *See* SR Telecom Comments at 4. SR Telecom also advocates
    restricting the use of the 6 GHz, 11 GHz and 18 GHz bands to
    point-to-point systems*. See id.* That proposal, however, falls
    outside of the scope of this proceeding.

[^159]: The Commission has recognized that "\[f\]lexible allocations may
    result in more efficient spectrum markets." *Spectrum Policy
    Statement*, 14 FCC Rcd at 19870-71 ¶ 9 (1999). As the Commission
    observed when it adopted service rules for the 39 GHz bands: "It is
    in the public interest to afford \[\] licensees flexibility in the
    design of their systems to respond readily to consumer demand for
    their services, thus allowing the marketplace to dictate the best
    uses for this band." *Amendment of the Commission's Rules Regarding
    the 37.0-38.6 GHz and 38.6-40 GHz Bands*, Report and Order and
    Second Notice of Proposed Rulemaking, 12 FCC Rcd 18,600, 18,616 ¶ 26
    (1997). In addition, the BBA, which mandates the assignment of this
    band through competitive bidding (*see* ¶¶ 19-20, *supra*), requires
    the Commission to "seek to promote the most efficient use of the
    electromagnetic spectrum" in the spectrum allocations made pursuant
    to the statute. BBA, Section 3002(c)(2)(A).

[^160]: *See* 47 U.S.C. § 303(y)(2)(B).

[^161]: *See* 47 U.S.C. § 303(y)(2)(C).

[^162]: *See 700 MHz First Report and Order*, 15 FCC Rcd at 486 (¶ 22).
    *See also* *Allocation of Spectrum Below 5 GHz Transferred from
    Federal Government Use*, *4660-4685 MHz*, ET Docket No. 94-32,
    Second Report and Order, 11 FCC Rcd 624, 633 (¶ 18) (1995) (\"*GWCS
    Second Report and Order*\").

[^163]: *See* 47 C.F.R. §§ 27.12 and 27.302.

[^164]: *See* 47 U.S.C. § 310.

[^165]: For Commission decisions regarding relevant factors in deciding
    whether license eligibility restrictions are necessary or
    appropriate, *see Amendment of the Commission\'s Rules Regarding the
    37.0-38.6 GHz and 38.6-40.0 GHz Bands*, ET Docket No. 95-183,
    RM-8553, *Implementation of Section 309(j) of the Communications Act
    Competitive Bidding, 37.0-38.6 GHz and 38.6-40.0 GHz*, PP Docket No.
    93-253, Report and Order and Second Notice of Proposed Rulemaking,
    12 FCC Rcd 18600, 18619-20 (¶¶ 32-35) (1997) (\"39 GHz Report and
    Order\"); LMDS Second Report and Order, 12 FCC Rcd at 12614-16 (¶¶
    157-161); *Rulemaking to Amend Parts 1, 2, 21, and 25 of the
    Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
    to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules
    and Policies for Local Multipoint Distribution Service and for Fixed
    Satellite Services*, CC Docket No. 92-297, Sixth Notice of Proposed
    Rule Making, 14 FCC Rcd 21520 (1999); Third Report and Order and
    Memorandum Opinion and Order, FCC 00-223 (rel. June 27, 2000).

[^166]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4793-94 (¶ 34).

[^167]: *See* *GWCS Second Report and Order*, 11 FCC Rcd at 649 (¶ 60).

[^168]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4794 (¶ 35).

[^169]: *Id.* at 4794 (¶ 36).

[^170]: *See Part 27 Report and Order*; *LMDS Second Report and Order;
    Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and
    38.6-40.0 GHz Band*, ET Docket No. 95-183, Memorandum Opinion and
    Order, 14 FCC Rcd 12428 (1999); *Amendments to Parts 1, 2 and 101 of
    the Commission's Rules To License Fixed Services at 24 GHz*, WT
    Docket No. 99-327, Notice of Proposed Rulemaking, 14 FCC Rcd 19263,
    19269-70 (¶¶ 9-10) (1999); *700 MHz First Report and Order*.

[^171]: *See* 47 C.F.R. § 20.6(a); *see also* *1998 Biennial Regulatory
    Review Spectrum Aggregation Limits for Wireless Telecommunications
    Carriers. Cellular Telecommunications Industry Association\'s
    Petition for Forbearance From the 45 MHz CMRS Spectrum Cap*, WT
    Docket No. 98-205, *Amendment of Parts 20 and 24 of the
    Commission\'s Rules - Broadband PCS Competitive Bidding and
    Commercial Mobile Radio Service Spectrum Cap*, WT Docket No. 96-59,
    *Implementation of Sections 3(n) and 332 of the Communications Act,
    Regulatory Treatment of Mobile Services*, GN Docket No. 93-252,
    Report and Order, FCC 99-244, rel. Sept. 22, 1999; *Amendment of
    Parts 20 and 24 of the Commission\'s Rules Broadband PCS Competitive
    Bidding and the Commercial Mobile Radio Service Spectrum Cap*, WT
    Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 7869-76 (¶¶
    94-107) (1996) (maintaining the 45 megahertz CMRS spectrum cap and
    eliminating the 35 megahertz cellular and PCS spectrum cap, and the
    40 megahertz PCS spectrum cap).

[^172]: *See 4.9 GHz Notice*, 15 FCC Rcd at 4795 (¶ 37).

[^173]: *See GWCS Second Report and Order*, 11 FCC Rcd at 645 (¶ 50).

[^174]: *See 700 MHz Report and Order*, 15 FCC Rcd at 497-98 (¶¶ 51-53).

[^175]: *See* 47 U.S.C. §§ 310(a), 310(b).

[^176]: *See*, *e.g*., Orion Satellite Corp., 5 FCC Rcd 4937, 4944, n.26
    (1990).

[^177]: *See* 47 C.F.R. §§ 27.12 and 27.302.

[^178]: *See* *Rules and Policies on Foreign Participation in the U.S.
    Telecommunications Market and Market Entry and Regulation of
    Foreign-Affiliated Entities*, IB Docket Nos. 97-142 and 95-22,
    Report and Order and Order on Reconsideration, 12 FCC Rcd 23891,
    23935-47 (¶¶ 97-132) (1997).

[^179]: *Id*.

[^180]: *See* 47 U.S.C. § 310(b). *See also* *Revisions to Part 21 of
    the Commission\'s Rules regarding the Multipoint Distribution
    Service*, CC Docket No. 86-179, Report and Order, 2 FCC Rcd 4251,
    4253 (¶ 16) (1987) (\"*MDS Report and Order*\"); *Streamlining the
    Commission\'s Rules and Regulations for Satellite Application and
    Licensing Procedures*, IB Docket No. 95-117, Report and Order, 11
    FCC Rcd 21581, 21599 (¶ 43) (1996) (\"*Satellite Rules Report and
    Order*\"); *LMDS Second Report and Order*, 12 FCC Rcd at 12650-51 (¶
    243).

[^181]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4795-96 (¶ 39).

[^182]: We note, however, that to the extent that a licensee's decision
    to change its regulatory status raises issues with respect to that
    licensee exceeding the benchmark contained in Section 310(b)(4), the
    rules require the Commission's prior approval before the licensee
    can make this change. *See Rules and Policies on Foreign
    Participation in the U.S. Telecommunications Market and Market Entry
    and Regulation of Foreign-Affiliated Entities*, IB Docket Nos.
    97-142 and 95-22, Report and Order and Order on Reconsideration, 12
    FCC Rcd 23891, 23940-41 (¶¶ 111-118) (1997).

[^183]: *See Notice and Order*, 14 FCC Rcd at 1303 (¶ 10).

[^184]: *See*, *e*.*g*., Rural Carriers comments at 5 and reply comments
    at 2-6; Innowave comments at 3; NTCA comments at 2; RTG comments at
    ii, 6-7; TDS comments at 2-3 and reply comments at 1-2; SR Telecom
    comments at 9-10; Nortel comments at 10; GTE reply comments at 3;
    Western Wireless reply comments at 4-5; OPASTCO reply comments at
    1-2.

[^185]: *See* TDS comments at 2; PetroCom comments at 2.

[^186]: *See Notice and Order*, 14 FCC Rcd at 1303 (¶ 10).

[^187]: *See, e.g., Amendment of Part 90 of the Commission\'s Rules to
    Facilitate Future Development of SMR Systems in the 800 MHz
    Frequency Band*, PR Docket No. 93-144, First Report and Order,
    Eighth Report and Order, and Second Further Notice of Proposed Rule
    Making, 11 FCC Rcd at 1463 (1995) (restructuring licensing framework
    for 800 MHz Specialized Mobile Radio Service and adopting wide-area
    licensing). *See also* Gregory L. Rosston & Jeffrey S. Steinberg,
    *Using Market-Based Spectrum Policy to Promote the Public Interest*,
    50 Fed. Comm. L.J. 87, 94 (1997).

[^188]: *See 4.9 GHz Notice*, 15 FCC Rcd at 4797 (¶ 43).

[^189]: The three additional EA-like services areas are: (1) Guam and
    the Northern Mariana Islands (combined as one service area); (2)
    Puerto Rico and the United States Virgin Islands (combined as one
    service area); and (3) American Samoa.

[^190]: *See Amendment of the Commission's Rules Regarding the 37.0-38.6
    GHz and 38.6-40.0 GHz Band*, ET Docket No. 95-183, Memorandum
    Opinion and Order, 14 FCC Rcd at 12428 (1999). *See also 24 GHz
    Report and Order*, FCC 00-272 at ¶¶ 13-18.

[^191]: *See* 47 C.F.R. § 27.6. *See also* *Part 27 Report and Order*,
    12 FCC Rcd at 10814-16 (¶¶ 54-60). At the time of the 2.3 GHz
    auction, REAs were know as Regional Economic Area Groupings
    ("REAGs").

[^192]: *See* *700 MHz First Report and Order*, 15 FCC Rcd at 500 (¶
    56).

[^193]: *See* 47 U.S.C. §§ 309(j)(3)(B), (4)(C).

[^194]: *See* 47 U.S.C. § 309(j)(3)(A).

[^195]: *Id.* at 309(j)(4)(C)(iii).

[^196]: In order to permit licensees to develop regional or national
    services, we seek comment below on whether we should modify our
    competitive bidding rules to promote bidder flexibility. *See* ¶
    120, *infra*.

[^197]: One such approach might be the use of Component Economic Areas
    (\"CEAs\") which are a subset of EAs. CEAs were developed by the
    Commerce Department and there are 348 CEAs. While the Commission has
    not used CEAs before to license spectrum, commenters may wish to
    address their appropriateness for this band.

[^198]: *See* *Notice and Order*, 14 FCC Rcd at 1307 (¶ 16).

[^199]: *See* ¶ 36, *supra*.

[^200]: *See* ¶¶ 107-109, *infra*.

[^201]: *See* *700 MHz First Report and Order*, 15 FCC Rcd at 500 (¶ 56
    note 137).

[^202]: *See Notice and Order*, 14 FCC Rcd at 1303 (¶ 10).

[^203]: *See*, *e.g*., Rural Carriers comments at 2-5 and reply comments
    at 2, 6; RTG comments at 7; NTCA comments at 2; RTG comments at ii,
    6; OPASTCO comments at 1-2.

[^204]: *See*, *e.g*., PetroCom comments at 2 and 5; Nortel comments at
    ii, 2, and 10; TDS comments at 2-4 and reply comments at 2; Innowave
    comments at 3; SR Telecom at 9-10.

[^205]: The Commission recently adopted a new band plan for the 18 GHz
    band that will, among other things, require the relocation of
    certain Part 101 point-to-point microwave facilities and obligate
    new satellite entrants to provide for the relocation of any existing
    fixed stations operating in spectrum being designated for exclusive
    satellite use (18.58-19.3 GHz). *See Redesignation of the 17.7-19.7
    GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in
    the 17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and the
    Allocation of Additional Spectrum in the 17.3-17.8 GHz and
    24.75-25.25 GHz Frequency Bands for Broadcast Satellite-Service
    Use*, IB Docket No. 98-172, RM-9005, RM-9118, Report and Order, FCC
    00-212 (rel. June 22, 2000). The affected 18 GHz bands are used by
    point-to-point microwave facilities that operate with 5 MHz
    bandwidths. *See* 47 C.F.R. § 101.147(r)(2).

[^206]: *See* 47 C.F.R. § 27.13.

[^207]: *See* 47 C.F.R. § 27.14.

[^208]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4789 (¶ 48).

[^209]: *See* 47 U.S.C. § 307(c) (limiting broadcasting station licenses
    to eight years).

[^210]: *See* ¶¶ 75-80, *infra*.

[^211]: *See* 47 C.F.R. §§ 27.15(d), 27.324(b)(4).

[^212]: *See Part 27 Report and Order*, 12 FCC Rcd at 10840 (¶ 106).

[^213]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4799 (¶ 50).

[^214]: A comparative renewal proceeding is one in which an existing
    licensee is challenged by another applicant. The existing licensee
    must demonstrate sufficient reason for the Commission to renew its
    license for an additional license term rather than issue the license
    to another applicant. *See* 47 C.F.R. § 27.14(b); *see also Part 27
    Report and Order*, 12 FCC Rcd at 10840, 10843-44 (¶¶ 106, 113).

[^215]: *See* 47 C.F.R. § 27.14(c). *See also Part 27 Report and Order*,
    12 FCC Rcd at 10840-41 (¶ 107).

[^216]: *Cf*. Sections 22.940(a)(2)(i)-(iv) of the Commission\'s rules,
    47 C.F.R. §§ 22.940(a)(2)(i)-(iv). We note that, because of the
    anticipated difference in the nature of the respective services, we
    are not proposing that licensees in the 3650-3700 MHz band would be
    required to demonstrate an ability to serve roamers, as is required
    of cellular licensees under Part 22 of the Commission\'s rules.

[^217]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4800 (¶ 52).

[^218]: *See* 47 U.S.C. § 309(j)(4)(C).

[^219]: *See Partitioning and Disaggregation Report and Order*, 11 FCC
    Rcd at 21843-44 (¶¶ 13-17) (1996).

[^220]: *See Part 27 Report and Order*, 12 FCC Rcd at 10836-39 (¶¶
    96-103), adopting 47 C.F.R. § 27.15.

[^221]: *Id*. at 10836-37, 10839 (¶¶ 97-99, 102), citing *Partitioning
    and Disaggregation Report and Order*, 11 FCC Rcd at 21847-48 (¶¶
    23-24).

[^222]: *Id*. at 10836 (¶ 97).

[^223]: *See* 47 C.F.R. § 27.15(b)(1). *See also* *ULS Report and
    Order*, 13 FCC Rcd at 21078-83 (¶¶ 109-122).

[^224]: *See* 47 C.F.R. § 27.15(c). *See also* *Part 27 Report and
    Order*, 12 FCC Rcd at 10838-39 (¶ 101); 47 C.F.R. § 1.2111.

[^225]: *See* *Part 27 Report and Order*, 12 FCC Rcd at 10836 (¶ 96).
    *See also Partitioning and Disaggregation Report and Order*, 11 FCC
    Rcd at 21857, 21865 (¶¶ 42, 62-63); *LMDS Fourth Report and Order*,
    13 FCC Rcd at 11655, 11664-66 (¶¶ 16-19).

[^226]: *See* 47 C.F.R. § 27.15(e)(1), as amended by *700 MHz First
    Report and Order*.

[^227]: *See* *Partitioning and Disaggregation Report and Order*, 11 FCC
    Rcd at 21857 (¶ 43).

[^228]: *See* 47 C.F.R. § 27.15(e)(2), as amended by *700 MHz First
    Report and Order*.

[^229]: *See* *Partitioning and Disaggregation Report and Order*, 11 FCC
    Rcd at 21864-65 (¶ 61).

[^230]: *See* *Service Rules for the 746-764 and 776-794 MHz Bands, and
    Revisions to Part 27 of the Commission's Rules*, WT Docket No.
    99-168, Second Report and Order, 15 FCC Rcd 5299, 5321-28, 5331-33
    ¶¶ 48-67, 74-80 (2000) (establishing Guard Band Manager licenses for
    the 700 MHz guard bands and adopting Subpart G of Part 27 of the
    Commission's rules and other rules governing Guard Band Manager
    licenses).

[^231]: *See* 47 C.F.R. § 27.14(a).

[^232]: *Id*. *See also Part 27 Report and Order*, 12 FCC Rcd at
    10843-45 (¶¶ 111-115).

[^233]: *See* *Part 27 Report and Order*, 12 FCC Rcd at 10844 (¶ 113).

[^234]: *See* *LMDS Second Report and Order*, 12 FCC Rcd at 12660 (¶
    270).

[^235]: *See* *700 MHz First Report and Order*, 15 FCC Rcd at 505 (¶
    70).

[^236]: *See 4.9 GHz Notice*, 15 FCC Rcd at 4802 (¶ 58).

[^237]: *See Part 27 Report and Order*, 12 FCC Rcd at 10843-44 (¶ 113).
    *See also* 47 C.F.R. § 27.14(c).

[^238]: *See* Appendix B, Proposed Section 27.14(a)(1) of the
    Commission\'s rules, 47 C.F.R. § 27.14(a)(1).

[^239]: *See 24 GHz Report and Order*, FCC 00-272 at ¶¶ 37-39.

[^240]: *See* Appendix B, Proposed Section 27.14(a)(2) of the
    Commission\'s rules, 47 C.F.R. § 27.14(a)(2).

[^241]: *See Part 27 Report and Order*, 12 FCC Rcd at 10844 (¶ 113),
    citing *Amendment of Parts 2 and 90 of the Commission\'s Rules to
    Provide for the Use of 200 Channels Outside the Designated Filing
    Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the
    Specialized Mobile Radio Pool, Implementation of Section 309(j) of
    the Communica­tions Act Competitive Bidding, and Implementation of
    Sections 3(n) and 322 of the Communica­tions Act*, GN Docket No.
    93-252, Second Report and Order and Second Further Notice of
    Proposed Rulemaking, 10 FCC Rcd 6884, 6887 (¶ 4) (1995).

[^242]: *See Amendment of Parts 2 and 90 of the Commission\'s Rules to
    Provide for the Use of 200 Channels Outside the Designated filing
    Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the
    Specialized Mobile Radio Pool Implementation of Sections 3(n) and
    322 of the Communications Act*, GN Docket No. 93-252, Third Order on
    Reconsideration, 11 FCC Rcd at 1170 (¶ 2) (1995).

[^243]: *Id*. at 10844-45 (¶¶ 114-115), citing 47 U.S.C. § 309(j)(4)(B).
    *See also* *Melcher v. FCC*, 134 F.3d 1143 (D.C.Cir. 1998).

[^244]: *See* 47 U.S.C. § 309(j)(4)(B).

[^245]: *See* Telecommunications Act of 1996, Pub. L. No. 104-104, 110
    Stat. 56 (1996) (1996 Act).

[^246]: *See* ¶¶ 78-80, *supra*.

[^247]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4804 (¶ 62).

[^248]: *See* 47 C.F.R. Part 24 (Personal Communications Services).

[^249]: *See, e.g.*, 47 C.F.R. § 101.311.

[^250]: *See* 47 C.F.R. §§ 22.321, 90.168.

[^251]: *See* 47 C.F.R. § 25.601.

[^252]: *See* *4.9 GHz Notice*, 15 FCC Rcd at 4808 (¶ 71).

[^253]: *See* *Lutheran Church-Missouri Synod v. FCC*, 141 F.3d 344
    (D.C. Cir. 1998) (striking down the Commission\'s EEO program
    requirements for radio broadcast stations as unconstitutional and
    remanding to the Commission the issue of whether the
    non-discrimination rule was within its statutory authority), *reh'g
    denied*, 154 F.3d 487 (D.C. Cir. 1998), *opinion after remand*, 13
    FCC Rcd, 23328, *appeal pending*.

[^254]: *See Notice and Order* at 1302-05 (¶¶ 9-12).

[^255]: *See*, *e.g*., Rural Carriers comments at 8; COMSAT comments at
    8-9, 12-14; Comsearch comments at 6; Innowave comments at 3 and 5-6;
    Lucent comments at 7-8; PanAmSat comments at 7-8; PetroCom comments
    at 4; RTG comments at ii and 11-12; SBC comments at 2; SBC comments
    at 2; Sprint comments at 5; SR Telecom at pages iii and 8-9; Nortel
    comments at iii, 10, 12-14; AT&T reply comments at 5; Lockheed
    comments at 4.

[^256]: *See* 47 C.F.R. §§ 27.51, 27.54, 27.56, 27.57, 27.59, 27.61,
    27.63. *See also Part 27 Report and Order*, 12 FCC Rcd at 10848-65
    (¶¶ 123-161).

[^257]: *See* 47 C.F.R. § 27.57.

[^258]: *See, e.g.*, 47 C.F.R. §§ 24.236, 24.237 (Broadband PCS), 47
    C.F.R. § 21.902(b)(5) (Multipoint Distribution Service), and 47
    C.F.R. § 27.55 (WCS).

[^259]: *See* *LMDS Second Report and Order*; *39 GHz Report and Order*.

[^260]: *See* 47 C.F.R. § 101.103.

[^261]: *Id*.

[^262]: *See* *LMDS Second Report and Order*; *39 GHz Report and Order*.

[^263]: At a minimum, stations whose radio horizon overlaps adjacent
    areas should contact relevant licensees regarding coordination of
    facilities.

[^264]: *See Notice and Order*, 14 FCC Rcd at 1303 (¶ 10).

[^265]: *See* 47 C.F.R. §§ 24.236 (PCS); 27.55(b) (700 MHz WCS).

[^266]: *See Notice and Order*, 14 FCC Rcd at 1304-05 (¶ 12).

[^267]: These coordination procedures apply to both the fixed and mobile
    base station services permitted in the 3650-3700 MHz band.

[^268]: *See Notice and Order*, 14 FCC Rcd at 1304-05 (¶ 12).

[^269]: *Id*.

[^270]: *Id*.

[^271]: ITU Appendix S7 contains coordination procedures for ensuring
    that interference does not occur between terrestrial and satellite
    operations.

[^272]: *See* Comsearch comments at 3.

[^273]: *See Notice and Order*, 14 FCC Rcd at 1304-05 (¶ 12).

[^274]: WRC-95 changed the ITU RR numbering scheme. Therefore, the ITU
    RR procedures for determining the coordination distance around an
    earth station for bands shared between space and terrestrial
    radiocommunications services, which were previously in Appendix 28
    are now in Appendix S7. We will modify Section 25.251 of our rules
    to reflect this change. *See* 1998 ITU RR, Appendix S7, *Method for
    the determination of the coordination area around an earth station
    in frequency bands between 1 GHz and 40 GHz shared between space and
    terrestrial radiocommunications services.*

[^275]: *See* ¶ 35, *supra*.

[^276]: *See* ¶ 47, *supra*.

[^277]: *See Notice and Order*, 14 FCC Rcd at 1303-04 (¶ 11).

[^278]: *See* COMSAT comments at 14.

[^279]: *See* 47 C.F.R. § 101.111.

[^280]: *See Notice and Order*, 14 FCC Rcd at 1303-04 (¶ 11).

[^281]: *See* COMSAT comments at 15. *See also* PanAmSat comments at 8.

[^282]: *See* Comsearch comments at 6.

[^283]: *See* PanAmSat comments at 8.

[^284]: *Id*.

[^285]: *See* NTIA Report TR-99-361 entitled *Technical Characteristics
    of Radiolocation Systems Operating In The 3.1-3.7 GHz Band And
    Procedures For Assessing EMC With Fixed Earth Station Receivers*,
    December 1999 (\"*NTIA Radiolocation Report*\").

[^286]: *See Final Report* at 4-20.

[^287]: *See Notice and Order*, 14 FCC Rcd at 1298-99, 1303-04, 1308-09
    (¶¶ 4, 11, 18).

[^288]: *See* Sprint comments at 5.

[^289]: See *NTIA Radiolocation Report* at Section 7.2.1.

[^290]: *See NTIA Radiolocation Report.*

[^291]: We are planning to initiate a proceeding in the near future to
    consider measurement methods for determining compliance with our RF
    safety requirements. Any changes that we may make as a result of
    this proceeding will be applied to products developed for the
    3650-3700 MHz band.

[^292]: *See* 47 C.F.R. § 27.52.

[^293]: *See* 47 C.F.R. §§ 1.1307(b), 2.1091, 2.1093. The RF radiation
    exposure limits are set forth in 47 C.F.R. §§ 1.1310, 2.1091, and
    2.1093, as modified in Guidelines for Evaluating the Environmental
    Effects of Radiofrequency Radiation, ET Docket No. 93-62, Report and
    Order, 11 FCC Rcd 15123 (1996); *First Memorandum Opinion and
    Order*, 11 FCC Rcd 17512 (1997); Second Memorandum Opinion and
    Order, 12 FCC Rcd at 13494 (1997) (\"*RF Guidelines Second
    Reconsideration Order*\").

[^294]: *See* *Part 27 Report and Order*, 12 FCC Rcd at 10861 (¶ 154
    n.344), noting that 1,000 watts ERP equates to 1,640 watts EIRP. In
    the *RF Guidelines Second Reconsideration Order*, the Commission
    increased the exclusion threshold for mobile devices operating above
    1.5 GHz from 1.5 watts to 3 watts ERP. *See also* *RF Guidelines
    Second Reconsideration Order*, 12 FCC Rcd at 13514 (¶ 51).

[^295]: *See* *Part 27 Report and Order*, 12 FCC Rcd at 10862 (¶ 154
    n.346). OET Bulletin No. 65 (Edition 97-01) was issued on August 25,
    1997. It is available for downloading at the FCC Web Site:
    www.fcc.gov/oet/rfsafety. Copies of OET Bulletin No. 65 also may be
    obtained by calling the FCC RF Safety Line at (202) 418-2464.

[^296]: *See Part 27 Report and Order*, 12 FCC Rcd at 10862 (¶ 154
    n.345), noting that, in a pending petition for reconsideration of
    the *RF Guidelines Report and Order*, the Commission was considering
    whether to revise the threshold for requiring routine evaluation of
    mobile devices above 1.5 GHz from 1.5 watts to 3 watts. This change
    was made in the *RF Guidelines Second Reconsideration Order*.

[^297]: *See* 47 C.F.R. Section 1.2101 *et. seq.* (Part 1, Subpart Q).
    The Commission has recently clarified and amended its general
    competitive bidding procedures for all auctionable services*. See
    Amendment of Part 1 of the Commission\'s Rules \-- Competitive
    Bidding Procedures*, WT Docket No. 97-82, Order on Reconsideration
    of the Third Report and Order, Fifth Report and Order, and Fourth
    Further Notice of Proposed Rule Making, FCC 00-274 (rel. Aug. 14,
    2000).

[^298]: *Id*.

[^299]: *Id.* at ¶¶ 79-88. The Commission is also considering certain
    modifications to its rule prohibiting collusion among auction
    participants. *See Amendment of Part 1 of the Commission\'s Rules
    \-- Competitive Bidding Procedures*, WT Docket No. 97-82, Third
    Further Notice of Proposed Rule Making, 14 FCC Rcd 21558 (1999).

[^300]: *See Amendment of Part 1 of the Commission\'s Rules -
    Competitive Bidding Procedures,* Third Report and Order and Second
    Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448-49,
    454-55 (¶¶ 125, 139) (directing the Bureau to seek comment on
    specific mechanisms relating to auction conduct pursuant to the
    Balanced Budget Act) (\"*Part 1 Third Report and Order*\").

[^301]: *See* 47 U.S.C. § 309(j)(4)(D).

[^302]: *See* 47 U.S.C. § 309(j)(3)(B).

[^303]: *See Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding*, PP Docket No. 93-253, Second Memorandum
    Opinion and Order, 9 FCC Rcd 7245, 7269 (¶ 145) (1994)
    (\"*Competitive Bidding Second Memorandum Opinion and Order*\").

[^304]: *See* *Part 1 Third Report and Order*, 13 FCC Rcd at 388 (¶ 18).

[^305]: *See Notice and Order*, 14 FCC Rcd at 1295-96, 1299-1305 (¶¶ 1,
    6-12).

[^306]: *See* ¶ 40, *supra*.

[^307]: *See* Rural Carriers comments at 3-5; Western Wireless reply
    comments at 3.

[^308]: *See* 47 C.F.R. Part 27, Subparts A-E.

[^309]: *See Part 27 Report and Order*, 12 FCC Rcd at 10798 (¶ 27).

[^310]: In the 3650-3700 MHz band, mobile service will be limited to
    base station operations. *See* 47 C.F.R. § 2.106 note NG 170. While
    the Part 27 rules applicable to WCS permit mobile uses in the 2.3
    GHz bands, the Commission has previously acknowledged that the
    out-of-band emissions limitations render mobile WCS operations
    "technologically infeasible," at least for the forseeable future.
    *See Part 27 Report and Order*, 12 FCC Rcd at 10800 (¶ 3).

[^311]: *See* *Part 27 Report and Order*, 12 FCC Rcd at 10879 (¶ 194).

[^312]: *See* *Part 1 Third Report and* Order, 13 FCC Rcd at 403-04 (¶
    47).

[^313]: *Id.*

[^314]: *See Adarand Constructors, Inc. v. Peña*, 515 U.S. 200 (1995);
    *United States v. Virginia*, 518 U.S. 515 (1996).

[^315]: *See* *Notice and Order*, 14 FCC Rcd at1297-98 (¶ 3). *See* also
    Amendment of Part 2 of the Commission\'s Rules Regarding
    Implementation of the Final Acts of the World Administrative Radio
    Conference, Geneva 1979, in General Docket No. 80-739, Second Report
    and Order, 49 Federal Register 2357 (Jan. 19, 1984).

[^316]: *See Notice and Order*, 14 FCC Rcd at 1297-98 (¶ 3).

[^317]: *See* 47 C.F.R. § 25.202(g).

[^318]: TT&C is a space operations service. *See* 47 C.F.R. § 2.1
    (definition of space operations service). Space operations functions
    "will normally be provided within the service in which the space
    station is operating." *Id., note.* Thus, a space station that
    otherwise operates in an FSS allocation may also provide TT&C in an
    FSS allocation.

[^319]: *See* 47 C.F.R. § 25.208(a).

[^320]: *See* ITU Radio Regulation S21.16.

[^321]: *See e.g.*, PanAmSat comments at 4; Globecast comments at 2;
    Wold reply comments at 4-5.

[^322]: *See* PanAmSat comments at 4; Wold reply comments at 4-5.

[^323]: *See, e.g*., *Amendment of the Commission's Rules Concerning
    Maritime Communications*, PR Docket No. 92-257, Second Report and
    Order and Second Further Notice of Proposed Rulemaking, 12 FCC Rcd
    16949, 17015 (¶ 132) (1997); *Revision of Part 22 and Part 90 of the
    Commission's Rules to Facilitate Future Development of Paging
    Systems,* Notice of Proposed Rule Making*,* WT Docket No. 96-18, 11
    FCC Rcd 3108, 3136 (¶ 139) (1996); Licensing of General Category
    Frequencies in the 806-809.750/851-854.750 MHz Bands, *Order*, 10
    FCC Rcd at 13190 (¶ 3) (1995).

[^324]: *See, e.g*., *Implementation of Section 309(j) and 337 of the
    Communications Act of 1934 as Amended*, WT Docket 99-87, Notice of
    Proposed Rule Making, 14 FCC Rcd 5206, 5249 (¶ 96)
    (1999)(\"Implementation of 309(j) Order\"); *Revision of Part 22 and
    Part 90 of the Commission's Rules to Facilitate Future Development
    of Paging Systems*, WT Docket 96-18, First Report and Order, 11 FCC
    Rcd 16570, 16581 (¶ 19) (1996) (\"*Paging Order*\").

[^325]: *See Notice and Order*, 14 FCC Rcd at 1305-06 (¶ 13).

[^326]: *See* *Paging Order*, 11 FCC Rcd at 16580-81 (¶ 18).

[^327]: *See* 47 C.F.R. § 1.1203(a).

[^328]: *See* 5 U.S.C. § 603 *et seq*.

[^329]: *See* Pub. L. No. 104-13.

[^330]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

[^331]: *See* 47 C.F.R. §§ 1.415, 1.419.

[^332]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    63 Fed. Reg. 24,121 (1998).

[^333]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 et.seq., has
    been amended by the Contract With America Advancement Act of 1996,
    Pub. L No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
    CWAAA is the Small Business Regulatory Enforcement Fairness Act of
    1996 (SBREFA).

[^334]: *See* 14 FCC Rcd 1295 (1999).

[^335]: *See* 5 U.S.C. § 604.

[^336]: *See* 5 U.S.C. § 601(3) (incorporating by reference the
    definition of \"small business concern\" in 5 U.S.C. § 632).

[^337]: *See* 15 U.S.C. § 632.

[^338]: *Id*. § 601(4).

[^339]: Department of Commerce, U.S. Bureau of the Census, 1992 Economic
    Census, Table 6 (special tabulation of data under contract to Office
    of Advocacy of the U.S. Small Business Administration).

[^340]: 5 U.S.C. § 601(5).

[^341]: 1992 Census of Governments, U.S. Bureau of the Census, U.S.
    Department of Commerce.

[^342]: *Id*.

[^343]: *See* 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to the Office of Advocacy
    of the U.S. Small Business Administration).

[^344]: *See* 13 C.F.R. § 121.201, Standard Industrial Classification
    (SIC) Code 4899.

[^345]: *See* U.S. Bureau of the Census, U.S. Department of Commerce,
    1992 Census of Transportation, Communications, and Utilities,
    UC92-S-1, Subject Series, Establishment and Firm Size, Table 2D,
    Employment Size of Firms, 1992, SIC Code 4899 (issued May 1995).

[^346]: *See* *Implementation of Section 309(j) of the Communications
    Act, Competitive Bidding*, PP Docket 93-253, Fifth Report and Order,
    9 FCC Rcd 5532, 5581-82 (¶ 115)(1994).

[^347]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601 *et. seq.*,
    has been amended by the Contract with America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAA). Title II of
    the CWAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^348]: 5 U.S.C. § 603(a).

[^349]: *See id*.

[^350]: 5 U.S.C. § 603(b)(3).

[^351]: *Id*. § 601(3).

[^352]: *Id*. § 632.

[^353]: *Id*. § 601(4).

[^354]: Department of Commerce, U.S. Bureau of the Census, 1992 Economic
    Census, Table 6 (special tabulation of data under contract to Office
    of Advocacy of the U.S. Small Business Administration).

[^355]: 5 U.S.C. § 601(5).

[^356]: 1992 Census of Governments, U.S. Bureau of the Census, U.S.
    Department of Commerce.

[^357]: *Id*.

[^358]: *See* 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to the Office of Advocacy
    of the U.S. Small Business Administration).

[^359]: *See* 13 C.F.R. § 121.201, Standard Industrial Classification
    (SIC) Code 4899.

[^360]: *See* U.S. Bureau of the Census, U.S. Department of Commerce,
    1992 Census of Transportation, Communications, and Utilities,
    UC92-S-1, Subject Series, Establishment and Firm Size, Table 2D,
    Employment Size of Firms, 1992, SIC Code 4899 (issued May 1995).

[^361]: *See* *The Balanced Budget Act of 1997*, Section 3002(c)(4),
    Pub. L. 105-33, 111 Stat. 251-258 (1997) (\"BBA\"). *See also* NTIA
    Special Publication 98-39.

[^362]: *See* ¶¶ 82-88 , *supra*.

[^363]: *See* ¶¶ 72-74, *supra*.

[^364]: *See* ¶¶ 87-88, *supra*.

[^365]: *See* 5 U.S.C. § 603(c).

[^366]: *See* ¶¶ 75-80, *supra*.

[^367]: *See* ¶¶ 93-116, *supra*.

[^368]: *See* n.Error: Reference source not found, *supra*.

[^369]: Most of these earth stations are authorized to make use of both
    C-band (3700-4200 MHz for downlinks and 5925-6425 MHz band for
    uplinks) and extended C-band frequencies (3625-3700 MHz for
    downlinks and 5850-5925 MHz for uplinks).

[^370]: Guam\'s longitude coordinate is East, not West.