**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | ET Docket No. 00‑258         |
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| Amendment of Part 2 of the       | ** | WT Docket No. 02‑8           |
| Commission's Rules to Allocate   |    |                              |
| Spectrum Below 3 GHz for Mobile  | *  |                              |
| and Fixed Services to Support    | *) |                              |
| the Introduction of New Advanced | ** |                              |
| Wireless Services, Including     |    |                              |
| Third Generation Wireless        | *  |                              |
| Systems                          | *) |                              |
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| Amendments to Parts 1, 2, 27 and |    |                              |
| 90 of the Commission\'s Rules to | *  |                              |
| License Services in the          | *) |                              |
| 216‑220 MHz, 1390‑1395 MHz,      | ** |                              |
| 1427‑1429 MHz,                   |    |                              |
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| 1429‑1432 MHz, 1432‑1435 MHz,    | *) |                              |
| 1670‑1675 MHz, and 2385‑2390 MHz | ** |                              |
| Government Transfer Bands        |    |                              |
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+----------------------------------+----+------------------------------+

**[SEVENTH REPORT AND ORDER]{.underline}**

**Adopted: October 14, 2004 Released: October 21, 2004**

**By the Commission:** Chairman Powell issuing a statement.

Table of Contents

Paragraph

**I. INTRODUCTION** 1

**II. BACKGROUND** 4

**III. DISCUSSION** 8

A. The Band 2025-2110 MHz (2 GHz) 8

1\. Background 8

2\. Proposals 11

3\. Comments 18

4\. Decision 27

B. The Band 2360-2400 MHz 38

1\. Background 38

2\. Proposals 40

3\. Comments 42

4\. Decision 47

C. Other Matters 51

**IV. PROCEDURAL MATTERS** 52

A. Regulatory Flexibility Act 52

B. Paperwork Reduction Act 53

C. Congressional Review Act 54

**V. ORDERING CLAUSES** 55

APPENDIX A: Commenters to the *AWS Fourth NPRM*

APPENDIX B: FINAL REGULATORY FLEXIBILITY ANALYSIS

APPENDIX C: FINAL RULES

# I. INTRODUCTION

1.  By this action, we continue our efforts to make spectrum available
    for new advanced wireless services ("AWS"), including third
    generation wireless ("3G") systems. The actions taken in this
    Seventh Report and Order are specifically designed to facilitate the
    introduction of AWS in the band 1710‑1755 MHz -- an integral part of
    a 90 MHz spectrum allocation recently reallocated to allow for such
    new and innovative wireless services.[^1] We largely adopt the
    proposals set forth in our recent *AWS Fourth NPRM* in this
    proceeding that are designed to clear the 1710‑1755 MHz band of
    incumbent Federal Government operations that would otherwise impede
    the development of new nationwide AWS services. These actions are
    consistent with previous actions in this proceeding[^2] and with the
    United States Department of Commerce, National Telecommunications
    and Information Administration ("NTIA") *2002 Viability Assessment*,
    which addressed relocation and reaccommodation options for Federal
    Government operations in the band.[^3]

2.  This Report and Order accomplishes two main tasks. First, we allow
    Federal Government users access to new frequencies -- generally
    grouped into frequencies in the band 2025‑2110 MHz ("2 GHz") and
    frequencies in the band 2360-2400 MHz -- that will allow Federal
    users to relocate existing operations in such a way that will
    ultimately free spectrum for these users to relocate operations from
    the 1710‑1755 MHz band. Second, we address the relocation procedures
    and policies that are necessary to make these relocations of Federal
    Government users possible.

3.  Specifically, we herein adopt the following spectrum allocation
    decisions:

-   We allow the U.S. Department of Defense ("DOD") to use the band
    2025‑2110 MHz, on a co‑equal, primary basis with non‑Federal
    Government operations, for earth stations at 11 sites to support
    military space operations (also known as tracking, telemetry, and
    commanding or "TT&C"). This will provide DOD with additional
    flexibility in the band 1755-1850 MHz to accommodate systems
    displaced from the band 1710-1755 MHz.[^4]

-   We permit the DOD to operate stations in the fixed and mobile except
    aeronautical mobile services in the band 2025‑2110 MHz on a
    secondary basis at six sites in the southwestern region of the
    United States.

-   We rescind the recently established rules for the Wireless
    Communications Services ("WCS") at 2385‑2390 MHz and no longer make
    the band 2390‑2400 MHz available for use by Unlicensed Personal
    Communications Services ("UPCS"). We also allow Federal and
    non-Federal Government flight test stations to operate in the band
    2385‑2395 MHz, which in turn will permit DOD to relocate all
    aeronautical mobile systems out of the band 1710‑1755 MHz. In
    addition, these allocation changes provide needed replacement
    spectrum for use by DOD and commercial flight test stations, which
    recently lost access to 35 megahertz of spectrum at 1525‑1535 MHz
    and 2320-2345 MHz.[^5]

II\. BACKGROUND

4.  In this Report and Order, we undertake a narrow and specific task --
    the reaccommodation of Federal Government users in order to make the
    1710-1755 MHz band available for AWS use. However, the decisions we
    make herein are part of a larger and substantially more complex
    proceeding. The quest to make spectrum available for a variety of
    new and innovative wireless services has involved a variety of
    bodies, including this Commission, Federal Government stakeholders
    as represented through NTIA, and Congress.

5.  In the Omnibus Budget Reconciliation Act of 1993 ("OBRA‑93"),
    Congress directed the Secretary of Commerce to identify at least
    200 megahertz of spectrum below 5 GHz for transfer to non‑Federal
    Government services.[^6] NTIA identified 235 megahertz, including
    the bands 1710‑1755 MHz and 2390‑2400 MHz, for such transfer.[^7] At
    that time, the band 1710‑1755 MHz, which was a Federal Government
    exclusive band, was to be reallocated as a mixed‑use band.[^8]
    Specifically, Federal Government use of the band 1710‑1755 MHz was
    to remain protected indefinitely at 333 fixed microwave stations
    used by Federal power agencies, as required by 47 U.S.C. §
    923(c)(4), and would additionally be protected indefinitely at
    111 stations used for aviation‑related safety communications and at
    16 sites used by DOD for fixed point-to-point microwave, tactical
    radio relay, aeronautical mobile stations, etc.[^9]

6.  In July 2002, NTIA released its *2002 Viability Assessment*, which
    concluded that if certain actions were accomplished, the band
    1710‑1755 MHz could be reallocated for AWS use without disrupting
    communications systems critical to national security and that this
    spectrum could be paired with spectrum from the band
    2110‑2170 MHz.[^10] Specifically, except as provided below, Federal
    users of the band 1710-1755 MHz would relocate or modify their
    operations, not later than December 2008, or sooner depending on the
    nature of the radio communications.[^11] In order to achieve these
    outcomes, the following actions would be required:

\(1\) Federal Non‑Military Systems: NTIA would direct the relocation of
Federal non‑military systems from the band 1710‑1755 MHz to other
Federal Government bands. Federal agencies that operate systems in the
band 1710-1755 MHz that are required to relocate under the Omnibus
Budget Reconciliation Act of 1993 are entitled to reimbursement from
private sector entities receiving spectrum in that band. Federal
agencies with protected assignments have agreed voluntarily to relocate
such assignments, if reimbursed. All such systems are anticipated to
vacate within two years after availability of reimbursed funds, or
sooner if practicable.

\(2\) DOD Fixed Microwave Systems: DOD would relocate its conventional
fixed microwave systems from the band 1710‑1755 MHz to other frequency
bands within two years after reimbursement, but no later than December
2008, depending on the complexity of the relocated systems.

\(3\) DOD's 16 Protected Sites:

> \(a\) DOD Airborne Telemetry & Video Systems: Subject to the
> availability of reimbursement funds, DOD would relocate its airborne
> operations by December 2008 to other frequency bands, such as the
> Federal Government band 1755‑1850 MHz, the Federal/non‑Federal
> Government shared band 2360‑2385 MHz or other telemetry bands; or the
> band 2385‑2395 MHz under primary status provided as a result of a
> Commission rulemaking for Federal Government mobile use. NTIA will
> work with DOD to facilitate the introduction of new and relocated
> systems into the bands identified above.
>
> \(b\) DOD Ground‑Based Systems: The Commission would accomplish the
> necessary rulemaking so that DOD ground‑based systems in the band
> 1710‑1755 MHz can remain on a secondary basis at all sites, but on a
> primary basis at the Cherry Point, NC, and Yuma, AZ sites for
> operations used in a manner similar to current operations at these
> protected sites. DOD ground‑based systems, other than Digital Wideband
> Transmission System operations at Cherry Point and Yuma, which cannot
> adjust their operations to prevent interference to commercial users in
> the band 1710‑1755 MHz, will operate in the band 1755‑1850 MHz or on a
> "non‑interference, coordinated basis" in the band 1350‑2690 MHz.[^12]
> DOD ground‑based systems may operate in the band 2025‑2110 MHz on a
> secondary basis at six sites.[^13]

\(c\) Future DOD Requirements in the Band 1755‑1850 MHz: Considering
that DOD has future requirements to satisfy in the band 1755‑1850 MHz,
plus the absorption of certain operations from the band 1710‑1755 MHz,
the Commission would conclude the necessary rulemaking by September 2004
to modify footnote US346 of the United States Table of Frequency
Allocations to allow DOD the use of the band 2025‑2110 MHz on a
co‑equal, primary basis for DOD TT&C earth stations at 11 selected sites
that support DOD space operations.[^14] Co-equal, primary access for
TT&C in the band 2025‑2110 MHz may make more spectrum available in the
band 1755‑1850 MHz to satisfy future DOD spectrum requirements.[^15]

\(d\) DOD Precision Guided Munitions ("PGM") Operations: PGM operations
would continue in the band 1710‑1720 MHz on a primary basis until
inventory is exhausted or until December 31, 2008, whichever is earlier.

\(e\) Other DOD Systems: Other DOD systems (*e.g.*, unmanned ground
robotic systems, range timing distribution systems, and target scoring
devices) would relocate to the band 1755‑1850 MHz, or other bands as
available.

\(4\) Implementing Coordination: NTIA, DOD, the Commission, and industry
will establish a continuing process to facilitate sharing in the band
1710‑1755 MHz. It is anticipated that the Commission will complete the
necessary rulemakings to address the above conditions for making the
band essentially clear of DOD operations at the protected sites, as well
as reallocation of the band from Federal Government exclusive use to
both Federal and non‑Federal Government use on a mixed‑use basis. It is
expected that the early rollout of AWS will occur in the urban areas.
Assuming reimbursed funds are available, every effort will be made to
clear these areas first.

On July 24, 2002, we sought comment on the *2002 Viability
Assessment*.[^16]

7.  In November 2002, we adopted the *AWS Second Report and Order*,
    wherein we allocated 90 megahertz of spectrum at 1710‑1755 MHz and
    2110‑2155 MHz that can be used for AWS. The *AWS Second Report and
    Order* concluded that the *2002 Viability Assessment* offered a
    means to free the 1710‑1755 MHz band of encumbrances in a timely and
    predictable manner, but did not address specific band-clearing
    proposals. Instead, in June 2003, we adopted the *AWS Fourth NPRM*,
    in which we proposed to make spectrum available for Federal
    Government operations that will be displaced from the band
    1710‑1850 MHz in order to relocate existing Federal Government
    operations in the 1710‑1755 MHz segment (and, thus, ultimately
    facilitate the introduction of AWS in the 90 MHz of spectrum
    consisting of the 1710-1755 MHz and 2110-2155 MHz bands that was
    allocated in the *AWS Second Report and Order*).[^17] As discussed
    in greater detail below, these proposals were consistent with the
    *2002 Viability Assessment* and were designed to provide a means by
    which incumbent Federal Government users in the 1710-1755 MHz band
    could relocate existing operations in order to allow for the
    deployment of AWS.

    **III. DISCUSSION**

*A. The Band 2025-2110 MHz (2 GHz)*

[1. Background]{.underline}

8.  The band 1990‑2110 MHz is currently used extensively by the
    Television Broadcast Auxiliary Service ("BAS") for mobile TV pickup
    ("TVPU") operations, including electronic newsgathering ("ENG")
    operations to cover events of interest and will be used for ENG
    operations of digital television stations.[^18] The band may also be
    used for mobile operations in the Cable Television Relay Service
    ("CARS").[^19] It is also used by fixed BAS operations such as
    studio-transmitter link ("STL") stations, TV relay stations, and TV
    translator relay stations, but the majority of those operations are
    in higher frequency bands allocated to the BAS.[^20] Further,
    communications common carriers in the Local Television Transmission
    Service ("LTTS") may be assigned any of the BAS channels in the band
    1990‑2110 MHz to provide service to TV broadcast stations, TV
    broadcast network-entities, cable system operators, and cable
    network entities.[^21]

9.  Traditionally, the BAS channel plan divided the band 1990-2110 MHz
    into seven channels, each consisting of between 16.5 and 18
    megahertz.[^22] In 1997, as part of the *MSS Second Report and
    Order*, the Commission reallocated the 1990-2025 MHz segment to the
    mobile-satellite service ("MSS") and established a plan to reduce
    the seven-channel 120 megahertz BAS allocation in the band
    1990‑2110 MHz to a seven-channel 85 megahertz allocation in the
    2025‑2110 MHz (*i.e.*, 2 GHz) segment.[^23] The plan maintained the
    existing seven BAS channels by narrowing the width of each channel,
    and established a two-phase relocation plan to accomplish this
    transition.[^24] More recently, we reallocated 15 MHz of this
    spectrum to support fixed and mobile services, including AWS,[^25]
    and modified the BAS relocation plan to account for the fact that
    both MSS and Fixed and Mobile services will be using the band
    1990-2025 MHz.[^26] The entire band 1990‑2110 MHz is still being
    used by BAS stations at this time.

10. The 2 GHz band is also allocated to the Earth Exploration-Satellite
    Service ("EESS") and Space Research Service on a primary basis for
    Federal and non‑Federal Government use, limited to uplink and
    space‑to‑space transmissions. Further, the band is allocated to the
    Space Operation Service on a primary basis, for Federal Government
    use, limited to uplink and space‑to‑space transmissions. The
    Commission has adopted international power flux‑density limits at
    the Earth's surface for the band in order to protect non‑Federal
    Government terrestrial operations from satellite transmissions. The
    Commission has also adopted international footnote 5.391 prohibiting
    high‑density mobile systems in the band, which facilitates
    compatible operations between non‑Federal Government terrestrial
    transmitting stations and spacecraft receivers.

> [2. Proposals]{.underline}

11. In the *AWS Fourth NPRM*, we proposed to revise footnote US346 to
    permit DOD to operate TT&C transmit earth stations[^27] at the
    11 sites requested by NTIA on a co‑equal, primary basis with BAS
    operations in the 2 GHz band. We noted that 2 GHz is the principal
    TT&C uplink band outside of the United States and that the proposed
    action would better harmonize U.S. military space operations with
    the rest of the world. Specifically, our proposal was designed to
    give DOD the option of moving any or all of its TT&C uplinks at 11
    specific sites up in frequency from 1761‑1842 MHz to 2 GHz in order
    to clear spectrum in a geographic area for other military systems,
    including fixed and mobile systems that must be relocated out of the
    band 1710-1755 MHz into the band 1755-1850 MHz. We also noted that
    satellites already in orbit cannot be changed to the new 2 GHz
    frequencies because they are hardwired to receive in the band
    1761‑1842 MHz. We proposed to revise footnote US346 to read as
    follows:[^28]

> US346 Except as provided for below and by footnote US222, Federal
> Government use of the band 2025‑2110 MHz by the space operation
> service (Earth‑to‑space), Earth exploration‑satellite service
> (Earth‑to‑space), and space research service (Earth‑to‑space) shall
> not constrain the deployment of the Television Broadcast Auxiliary
> Service, the Cable Television Relay Service, or the Local Television
> Transmission Service. To facilitate compatible operations between
> non‑Federal Government terrestrial receiving stations and Federal
> Government earth station transmitters, coordination is required. To
> facilitate compatible operations between non‑Federal Government
> terrestrial transmitting stations and Federal Government spacecraft
> receivers, the terrestrial transmitters shall not be high‑density
> systems (see Recommendations ITU‑R SA.1154 and ITU‑R F.1247). Military
> satellite control stations at the following sites shall operate on a
> co‑equal, primary basis with non‑Federal Government operations:

+---------------------------------------------+----------+------------+
| Facility                                    | Coo      |            |
|                                             | rdinates |            |
+---------------------------------------------+----------+------------+
| Naval Satellite Control Network, Prospect   | 44° 24\' | > 068°     |
| Harbor, ME                                  | 55\" N   | > 00\'     |
|                                             |          | > 50\" W   |
+---------------------------------------------+----------+------------+
| New Hampshire Tracking Station, New Boston  | 42° 56\' | > 071°     |
| AFS, NH                                     | 52\" N   | > 37\'     |
|                                             |          | > 37\" W   |
+---------------------------------------------+----------+------------+
| Eastern Vehicle Check‑out Facility & GPS    | 28° 29\' | > 080°     |
| Ground Antenna & Monitoring Station, Cape   | 10\" N   | > 34\'     |
| Canaveral, FL                               |          | > 34\" W   |
+---------------------------------------------+----------+------------+
| Buckley AFB, CO                             | 39° 42\' | > 104°     |
|                                             | 55\" N   | > 46\'     |
|                                             |          | > 29\" W   |
+---------------------------------------------+----------+------------+
| Colorado Tracking Station, Schriever AFB,   | 38° 48\' | > 104°     |
| CO                                          | 21\" N   | > 03\'     |
|                                             |          | > 43\" W   |
+---------------------------------------------+----------+------------+
| Kirtland AFB, NM                            | 35° 03\' | > 106°     |
|                                             | 00\" N   | > 24\'     |
|                                             |          | > 00\" W   |
+---------------------------------------------+----------+------------+
| Camp Parks Communications Annex,            | 37° 44\' | > 121°     |
| Pleasanton, CA                              | 00\" N   | > 52\'     |
|                                             |          | > 00\" W   |
+---------------------------------------------+----------+------------+
| Naval Satellite Control Network, Laguna     | 34° 06\' | > 119°     |
| Peak, CA                                    | 55\" N   | > 04\'     |
|                                             |          | > 50\" W   |
+---------------------------------------------+----------+------------+
| Vandenberg Tracking Station, Vandenberg     | 34° 49\' | > 120°     |
| AFB, CA                                     | 24\" N   | > 31\'     |
|                                             |          | > 54\" W   |
+---------------------------------------------+----------+------------+
| Hawaii Tracking Station, Kaena Pt, Oahu, HI | 21° 33\' | > 158°     |
|                                             | 48\" N   | > 14\'     |
|                                             |          | > 54\" W   |
+---------------------------------------------+----------+------------+
| Guam Tracking Stations, Anderson AFB, and   | 13° 36\' | > 144°     |
| Naval CTS, Guam                             | 48\" N   | > 51\'     |
|                                             |          | > 12\" E   |
+---------------------------------------------+----------+------------+

12. In the *AWS Fourth NPRM*, we noted that 2 GHz is the primary band
    used by TV broadcasters to transmit live news via ENG equipment.
    Specifically, our licensing records show that there are more than
    1000 TVPU and CARS units, and LTTS mobiles/temporary fixed
    stations[^29] operating in that band. Further, we observed that DOD
    TT&C earth stations use extremely large antennas and high
    transmitter output powers to produce highly focused and very
    powerful mainbeams that could potentially cause interference to 2
    GHz BAS operations. Accordingly, we found that coordination would be
    necessary between the two services. In this regard, we stated that
    we would maintain our longstanding policy that first-licensed
    facilities have the right of protection from later-licensed
    facilities operating in the same frequency band. We observed that
    Federal Government earth stations at 29 sites are currently
    authorized to transmit in the 2 GHz band and stated that we believed
    that, with coordination, an additional 11 sites could also
    successfully share that band. We based that belief on a variety of
    factors that could facilitate sharing of the 2 GHz band, including
    terrain shielding, TT&C channels generally being used for relatively
    short periods of time, some TT&C antennas being pointed out to sea,
    and other TT&C antennas being pointed at high elevation angles.[^30]

13. We also noted in the *AWS Fourth NPRM* that, in a
    Federal/non‑Federal Government shared band, DOD would ordinarily
    follow NTIA's procedures in securing coordination, *i.e.*, NTIA
    would approve the change in frequency for the earth stations and
    submit the frequency change to the Commission through the Frequency
    Assignment Subcommittee ("FAS") of NTIA's Interdepartment Radio
    Advisory Committee. Commission engineers would then provide input to
    ensure that incumbent non-Federal Government operations would be
    protected. However, in this case, we proposed to require that
    operation of the TT&C earth stations not be authorized in the
    absence of successful prior coordination between DOD and the
    affected BAS incumbents. We noted that the band 1990-2110 MHz
    supports a mix of mobile TVPU stations and fixed links and that BAS
    stations are currently transitioning to narrower channels in the 2
    GHz band to accommodate new services at 1990-2025 MHz. In addition,
    because each local TV market may transition to a new BAS channel
    plan at different times, we stated that local frequency coordinators
    may be in the best position to assess requests that affect local
    operating conditions. Thus, we proposed to require that, prior to
    submitting applications for the authorization of the 11 earth
    stations to the Commission through the FAS, DOD frequency
    coordinators and technical representatives work with the local
    frequency coordinator (in most cases, this would be the Society of
    Broadcast Engineers, Inc. ("SBE")) and the affected BAS licensees to
    ensure that the DOD operations not cause interference to incumbent
    non-Federal Government operations.

14. We stated in the *AWS Fourth NPRM* that we expected that it may be
    necessary to jointly establish with NTIA other non‑standard
    coordination procedures during the course of this proceeding. We
    sought comment on coordination procedures that can be implemented
    that will ensure that both fixed and mobile BAS stations are
    adequately protected and accommodate the introduction of Federal
    Government earth stations in this band.[^31] We acknowledged that
    the short geographic separations between the 11 DOD transmit earth
    station sites and nearby cities in which BAS operations are
    conducted present coordination challenges, and we sought comment on
    how these challenges can be addressed.[^32] We recognized that our
    Rules do not currently include coordination rules that protect the
    normal operating areas of TVPU stations, but expressed the belief
    that coordination between the parties is achievable for the 11 DOD
    transmit earth stations without adversely affecting TVPU operations.
    We stated that, while we do not believe that non‑Federal Government
    operations are likely to cause interference to Federal Government
    operations, we will require that once a DOD earth station has been
    coordinated, new BAS stations within these 11 areas coordinate their
    systems with the local DOD facility.[^33]

15. In the *AWS Fourth NPRM*, we observed that NTIA has added to the
    *NTIA Manual* the operational limits specified in the ITU *Radio
    Regulations* for DOD earth stations operating in the band
    1761‑1842 MHz. We stated that we anticipated that NTIA would update
    the *NTIA Manual* to require that DOD earth stations operating in
    the 2 GHz band conform to these limits.[^34]

16. In the *AWS Fourth NPRM*, we also expressed concern that, because
    the frequency bands adjacent to the 2 GHz band (1990-2025 MHz and
    2110-2155 MHz) have been reallocated for fixed and mobile services,
    interference could be caused to future operations in these services
    due to the placement of the TT&C earth stations. We requested
    comment on what out-of-band emission ("OOBE") limits would be
    sufficient to protect the mobile and fixed receivers that will
    operate in this spectrum and also requested comment on the potential
    for these receivers to experience overload interference.[^35]

17. Finally, we proposed in the *AWS Fourth NPRM* to permit DOD to
    operate 2 GHz stations in the fixed and mobile except aeronautical
    mobile services on a secondary basis at six sites identified by NTIA
    in the southwestern United States. We noted that NTIA believes that,
    because these operations are usually in remote areas, it appears
    feasible for DOD to operate on a coordinated basis in the 2 GHz
    band. We stated that we agreed with NTIA's assessment and also
    stated that it appears feasible to operate stations in the maritime
    service in the Pacific Missile Test Range/Pt. Mugu on a secondary
    basis without hindering BAS fixed and mobile operations. We
    requested comment on this tentative finding.[^36]

    [3. Comments]{.underline}

18. Ericsson Inc ("Ericsson") supports the proposals set forth in the
    *AWS Fourth NPRM*, including allocation of the 2 GHz band for the 11
    DOD TT&C uplink earth stations. Ericsson states that this band can
    accommodate Federal Government operations and will permit the band
    1710-1755 MHz to be used for AWS systems.[^37]

19. Space Imaging LLC ("Space Imaging") agrees that there are good
    public interest reasons for giving DOD the option of moving certain
    uplinks into the 2 GHz band, but notes that the U.S. commercial
    remote-sensing satellite industry also uses that band for TT&C
    uplink operations in the EESS on a non-interference basis under
    footnote US347. Space Imaging therefore urges the Commission and DOD
    to ensure that future DOD deployments in that band will protect the
    TT&C operations of the U.S. commercial remote-sensing satellite
    licensees.[^38] Specifically, Space Imaging recommends that DOD be
    required to consult with these remote-sensing licensees prior to
    moving its TT&C uplinks to the 2 GHz band.[^39]

20. SBE opposes our proposal to allow TT&C uplinks in the 2 GHz band. It
    states that it does not understand why the DOD TT&C uplinks cannot
    remain in the present 1761-1842 MHz band, with DOD users of the band
    1710-1755 MHz being relocated into the higher TT&C band. SBE
    contends that this would be a far more feasible frequency sharing
    plan than attempting to relocate high-power TT&C uplinks to the 2
    GHz band. SBE maintains that moving those uplinks to that band would
    pose a serious interference threat to the ability of TV BAS
    operators to use co-channel frequencies for ENG in the vicinity of
    the uplinks. It further maintains that the use of filters and
    selective receivers by TV BAS operators would not eliminate harmful
    interference because of this co-channel sharing.[^40] SBE contends
    that, because a substantial portion of ENG operations is analog, a
    desired/undesired ("D/U") signal ratio of 60 dB[^41] or better is
    needed to ensure no harmful interference from a co-channel TT&C
    uplink to an ENG-receive-only ("ENG-RO") site. It contends that if
    an ENG-RO antenna is aimed at both an ENG truck and a TT&C uplink,
    the ENG-RO receiver may achieve a D/U ratio of only 5-15 dB, or even
    lower.[^42] It argues that the Commission is proposing a
    fundamentally incompatible sharing plan that is unlikely to succeed,
    at least as long as broadcasters are using analog ENG links. SBE
    asserts that, once broadcasters have converted to digital ENG, the
    D/U ratio can probably be relaxed from 60 dB to 30 dB and, for some
    of the 11 TT&C sites that are not in the vicinity of major TV
    markets with extensive ENG operations, co-channel sharing may become
    feasible. SBE concedes that, since it appears that it will be
    several years for TT&C uplinks to be shifted to 2 GHz, this may be
    possible but only with care.[^43] Finally, SBE contends that most of
    the geographic coordinates listed in the *AWS Fourth NPRM* for the
    11 TT&C sites are incorrect.[^44]

21. The National Association of Broadcasters and Association for Maximum
    Service Television, Inc. ("NAB/MSTV") contend that it is impossible
    for the Commission to accurately assess the potential impact on TV
    BAS operations of relocating the 11 DOD TT&C uplinks to the 2 GHz
    band because NTIA has not yet released details on the technical
    parameters of these uplinks.[^45] However, NAB/MSTV state that, if
    the following conditions are imposed, they could accept such a
    relocation:

```{=html}
<!-- -->
```
1)  NTIA must disclose detailed information on the technical parameters
    of the 11 TT&C uplinks;

2)  The broadcast industry must, based on that information, make a full
    and accurate assessment of the potential for interference into BAS
    facilities and thereby determine that successful coordination among
    DOD and BAS facilities is a realistic possibility; and

3)  The Commission must place strict limits on the output power levels
    of the 11 TT&C uplinks.[^46]

```{=html}
<!-- -->
```
22. Gannett Co., Inc. ("Gannett"), the licensee of KUSA-TV in Denver,
    CO, provides showings describing a high risk of interference to BAS
    ENG facilities. Gannett argues that KUSA-TV's BAS facilities would
    be rendered essentially inoperable by a DOD TT&C uplink at Buckley
    AFB, CO. It thus urges the Commission to consider several
    alternatives to the relocation of TT&C to the 2 GHz band in the
    Denver area:

    1\) relocate or narrowband TT&C within the existing 1755-1850 MHz
    allocation;

    2\) relocate the Buckley AFB TT&C uplink away from Denver;

    3\) reduce TT&C power;

    4\) reduce TT&C antenna sidelobes with "pie-plate shrouds;" or

    5\) raise the lower limit of the TT&C antenna elevation above the
    horizon.[^47]

23. The Cellular Telecommunications & Internet Association ("CTIA")
    supports a 2 GHz allocation for the 11 DOD TT&C uplink earth
    stations, provided that adjacent band operations are protected.[^48]
    Cingular Wireless LLC ("Cingular") also generally supports the
    proposed 2 GHz allocation, but expresses concern about the potential
    for OOBE and receiver overload interference to affect AWS operations
    at 2110-2155 MHz and PCS operations at 1930-1995 MHz.[^49] Cingular
    notes that several of the DOD TT&C locations are located close to
    large metropolitan areas and suggests that it may be necessary to
    limit TT&C operation to the central portion of the 2 GHz band.[^50]
    Cingular recommends that the Commission clarify the exact OOBE
    limits that will apply to the systems to be deployed at 2 GHz. With
    regard to controlling the potential for TT&C transmitters to cause
    overload interference to adjacent band fixed and mobile receivers,
    Cingular states that the Commission should consider the existing
    Universal Mobile Telephone Service receiver standards that exist in
    Europe in the band 2110‑2170 MHz.[^51]

24. Motorola, Inc. ("Motorola") suggests restricting TT&C use of the top
    12 megahertz of the 2 GHz band (2098-2110 MHz) and adopting
    transmitter filtering requirements to address the concern that DOD
    TT&C earth station operations will cause interference to AWS
    operations in the adjacent 2110‑2155 MHz band.[^52] Motorola notes,
    however, that because the proposed TT&C operations would be at a
    limited number of sites, the Commission could alternatively
    implement coordination procedures that would consider the specific
    operations and propagation losses in the vicinity of each earth
    station. Motorola states that interference concerns to adjacent band
    services could be addressed by utilizing mitigation techniques such
    as power control, operation of earth stations at higher elevation
    angles, baseband filtering, and frequency offsets. Motorola
    recommends that the Commission require coordination between DOD and
    AWS licensees in the band 2110-2120 MHz to limit interference from
    earth station transmitters utilizing the upper portion of the 2 GHz
    band. Motorola states that this can be achieved by adding AWS in the
    band 2110-2120 MHz to the list of services that require coordination
    in footnote US346.[^53] Motorola also recommends that, because OOBE
    will impact all AWS licensees, the Commission work with industry,
    NTIA, and DOD to develop a baseband filtering requirement for DOD
    earth station transmitters, which should then be adopted as a new
    out-of-band emission limit in the *NTIA Manual*. Motorola also
    supports the proposal set forth in the *AWS Fourth NPRM* to allow
    DOD to operate fixed and mobile (except aeronautical mobile)
    stations in the 2 GHz band on a secondary basis at six sites in the
    southwestern United States. However, Motorola recommends that the
    proposed footnote be modified to make clear that the new allocation
    will have a secondary status.[^54]

25. In reply comments, Motorola contends that the comments of the
    broadcasting community recognize that use of a combination of
    interference mitigation techniques may be sufficient to enable
    successful sharing of the 2 GHz band. It also contends that
    conversion to digital BAS operations will significantly reduce the
    potential for interference to ENG receivers. Moreover, Motorola
    argues that new satellite transponders incorporating 2 GHz TT&C
    frequencies will not be available for a number of years, and that
    any migration of DOD uplinks to 2 GHz will not be feasible until at
    least 2010 or beyond. Furthermore, Motorola argues, even after
    transponders become available, satellites that are currently in
    orbit will continue to utilize only the band 1761‑1842 MHz until the
    end of their operational lives because it is not feasible to make
    the hardware modifications necessary to allow them to utilize the
    2 GHz band. Motorola contends that, according to DOD, the migration
    will be completed no earlier than 2020.[^55]

26. In reply comments, SBE states that it supports requiring DOD to
    coordinate with Space Imaging's existing 2 GHz EESS uplinks for any
    of DOD's new 2 GHz TT&C uplinks that are to be located in the
    vicinity of the existing uplinks.[^56] SBE also notes that ENG is a
    critical tool used by broadcasters to inform the public in emergency
    situations, and that, in the event of a serious terrorist incident,
    increased activity on DOD TT&C uplinks could occur at the time of
    heaviest use of 2 GHz TV BAS frequencies. SBE therefore contends
    that authorizing DOD TT&C use of the 2 GHz band could impact
    homeland security.[^57]

    [4. Decision]{.underline}

27. *DOD Co-Primary Use of 2 GHz Band*. We are adopting, with minor
    changes, the proposals for the 2 GHz band set forth in the AWS
    Fourth NPRM. In so doing, we recognize the concerns of the
    broadcasting community that sharing of that band by TV BAS stations
    and DOD TT&C uplink earth stations will be challenging in some
    instances. However, we are confident that such sharing is feasible
    and will promote the public interest, particularly in the ultimate
    provision of AWS to the public, provided that coordination
    procedures adequate to the protection of both incumbent BAS stations
    and DOD TT&C uplink earth stations are imposed. In this regard, we
    are maintaining in the 2 GHz band our longstanding policy that
    first-licensed facilities have the right of protection from
    later‑licensed facilities operating in the same band.[^58] This
    means that a new DOD TT&C uplink earth station seeking to operate at
    2 GHz must coordinate with all BAS stations that may be affected by
    the new earth station's operation. To ensure that the right of
    protection of first-licensed facilities is adequately maintained, we
    conclude that it is necessary to ensure that not too long a period
    of time elapses between the authorization and the commencement of
    operations of a DOD TT&C uplink earth station at 2 GHz. Thus, DOD
    must coordinate facilities at the 11 sites only when construction
    and/or implementation are anticipated, and prior to authorization.
    To ensure that such coordination occurs successfully, prior to
    authorization, DOD must coordinate the DOD TT&C uplink earth station
    with all potentially affected incumbent BAS, CARS, and LTTS
    licensees of stations within the coordination contour of the earth
    station, consistent with Appendix 7 of the ITU Radio Regulations,
    and engage the local BAS frequency coordinator(s), where available,
    in support of achieving such coordination.[^59] DOD, at the time it
    submits its application for the authorization of a 2 GHz earth
    station to the Commission through NTIA's FAS, must provide, with its
    application, a list of the entities with which coordination was
    undertaken. For those rare situations where no reasonable
    coordination can be negotiated, the issue may be raised to the FCC
    and NTIA to jointly arbitrate resolution. We will not concur with
    authorizing operation of any 2 GHz DOD TT&C uplink earth station in
    the absence of successful coordination between DOD and the affected
    BAS incumbents. Once the DOD TT&C uplink earth station has begun
    coordination, new BAS, CARS, and LTTS stations for which
    coordination begins later must accept interference from the DOD
    earth station, as is normally the case for new stations sharing
    spectrum on a co-primary basis.[^60] Finally, to ensure that future
    BAS, CARS, and LTTS licensees have a means for coordinating their
    proposed operations with the DOD TT&C uplink earth station, DOD
    earth stations must maintain a point of contact for
    coordination.[^61]

28. Accordingly, we adopt revisions generally as proposed for footnote
    US346. Additionally, we have corrected some of the geographic
    coordinates for the 11 DOD earth stations, originally listed in
    proposed footnote US346, and we have made several editorial changes
    to the footnote.[^62] The adopted footnote US346 reads as follows:

> US346 Except as provided for below and by footnote US222, Federal use
> of the band 2025‑2110 MHz by the space operation service
> (Earth‑to‑space), Earth exploration‑satellite service
> (Earth‑to‑space), and space research service (Earth‑to‑space) shall
> not constrain the deployment of the Television Broadcast Auxiliary
> Service, the Cable Television Relay Service, or the Local Television
> Transmission Service. To facilitate compatible operations between
> non‑Federal terrestrial receiving stations at fixed sites and Federal
> earth station transmitters, coordination is required. To facilitate
> compatible operations between non‑Federal terrestrial transmitting
> stations and Federal spacecraft receivers, the terrestrial
> transmitters in the band 2025‑2110 MHz shall not be high‑density
> systems (see Recommendations ITU‑R SA.1154 and ITU‑R F.1247). Military
> satellite control stations at the following sites shall operate on a
> co-equal, primary basis with non-Federal operations:

+---------------------------------------------+----------+------------+
| Facility                                    | Coo      |            |
|                                             | rdinates |            |
+---------------------------------------------+----------+------------+
| Naval Satellite Control Network, Prospect   | 44° 24\' | > 068°     |
| Harbor, ME                                  | 16\" N   | > 00\'     |
|                                             |          | > 46\" W   |
+---------------------------------------------+----------+------------+
| New Hampshire Tracking Station, New Boston  | 42° 56\' | > 071°     |
| AFS, NH                                     | 52\" N   | > 37\'     |
|                                             |          | > 36\" W   |
+---------------------------------------------+----------+------------+
| Eastern Vehicle Check‑out Facility & GPS    | 28° 29\' | > 080°     |
| Ground Antenna & Monitoring Station, Cape   | 09\" N   | > 34\'     |
| Canaveral, FL                               |          | > 33\" W   |
+---------------------------------------------+----------+------------+
| Buckley AFB, CO                             | 39° 42\' | > 104°     |
|                                             | 55\" N   | > 46\'     |
|                                             |          | > 36\" W   |
+---------------------------------------------+----------+------------+
| Colorado Tracking Station, Schriever AFB,   | 38° 48\' | > 104°     |
| CO                                          | 21\" N   | > 31\'     |
|                                             |          | > 43\" W   |
+---------------------------------------------+----------+------------+
| Kirtland AFB, NM                            | 34° 59\' | > 106°     |
|                                             | 46\" N   | > 30\'     |
|                                             |          | > 28\" W   |
+---------------------------------------------+----------+------------+
| Camp Parks Communications Annex,            | 37° 43\' | > 121°     |
| Pleasanton, CA                              | 51\" N   | > 52\'     |
|                                             |          | > 50\" W   |
+---------------------------------------------+----------+------------+
| Naval Satellite Control Network, Laguna     | 34° 06\' | > 119°     |
| Peak, CA                                    | 31\" N   | > 03\'     |
|                                             |          | > 53\" W   |
+---------------------------------------------+----------+------------+
| Vandenberg Tracking Station, Vandenberg     | 34° 49\' | > 120°     |
| AFB, CA                                     | 21\" N   | > 30\'     |
|                                             |          | > 07\" W   |
+---------------------------------------------+----------+------------+
| Hawaii Tracking Station, Kaena Pt, Oahu, HI | 21° 33\' | > 158°     |
|                                             | 44\" N   | > 14\'     |
|                                             |          | > 31\" W   |
+---------------------------------------------+----------+------------+
| Guam Tracking Stations, Anderson AFB, and   | 13° 36\' | > 144°     |
| Naval CTS, Guam                             | 54\" N   | > 51\'     |
|                                             |          | > 18\" E   |
+---------------------------------------------+----------+------------+

29. We acknowledge that recent data supplied by SBE indicate that there
    may be a significant potential for interference from DOD TT&C earth
    stations at the 11 sites that may use the 2 GHz band into 2 GHz
    fixed receive-only receivers used in connection with BAS ENG
    TVPUs.[^63] However, as indicated in the *AWS Fourth NPRM*, sharing
    techniques currently exist that should enable 2 GHz earth stations
    to be engineered into the 11 sites without harming existing BAS
    operations. We also acknowledge that some sharing situations will be
    difficult and may require more restrictive techniques, such as
    limiting power, limiting the pointing direction and elevation of the
    DOD earth station, constructing berms or installing RF shielding,
    arranging time-sharing agreements for DOD use during off-peak hours
    when TV BAS use is at a minimum, and other mitigation
    techniques.[^64] Nonetheless, because these techniques, together
    with coordination with potentially affected licensees, can
    facilitate implementation of the DOD TT&C earth stations at the 11
    sites, we see no insurmountable technical obstacles that would
    prevent us from implementing the proposed 2 GHz allocation.

30. We also observe that, as noted by Motorola, interference to 2 GHz TV
    BAS stations from DOD earth stations will not be an immediate issue
    because DOD satellites incorporating those frequencies will not be
    available for at least several years. Further, to ensure mission
    success, NTIA anticipates that new satellites will be built with
    dual tracking and command frequencies, *i.e.*, in both the band
    1761-1842 MHz and the 2 GHz band. As DOD gains experience with TT&C
    operations in the 2 GHz band, use of the band 1761-1842 MHz for TT&C
    is expected to be reduced, but DOD requirements in that band may
    exist until the year 2030.[^65] Therefore, initial DOD use of the 2
    GHz band is not expected to involve either immediate or full
    relocation of the current systems. However, enabling relocation of
    DOD operation from the band 1761-1842 MHz to the 2 GHz band will
    over time allow DOD the flexibility to accommodate additional
    systems in the band 1755‑1850 MHz. Finally, DOD may choose not to
    use the 2 GHz band for some of its 11 existing sites that currently
    operate in the band 1761-1842 MHz due to coordination difficulties
    with incumbent operations.

31. Additionally, we observe that, by the time DOD earth stations begin
    to use the 2 GHz band, total or near-total conversion to digital BAS
    operations is likely to have occurred.[^66] That conversion promises
    to significantly reduce the potential for interference to BAS
    receivers because the digital technology to be used for BAS is far
    more robust than analog technology against undesired signals. As
    noted by SBE, use of digital technology by BAS licensees may permit
    the BAS D/U ratio to be relaxed by several orders of magnitude in
    some cases.[^67] While it is not possible to precisely forecast when
    digital BAS operations will be used in a particular geographic area,
    it is also not possible to precisely forecast when a DOD earth
    station may begin to use 2 GHz frequencies in that area. Given the
    uncertain timeframe for DOD implementation of the 2 GHz allocation
    for the 11 sites, possibly extending many years into the future, it
    may be appropriate for us to establish the specifics of a
    coordination process that will accommodate future developments, such
    as the digital conversion of BAS operations.

32. With regard to Gannett's specific concern about the DOD site at
    Buckley AFB, CO, we will not impose *a priori* conditions that would
    restrict DOD's options at that site. We find that requiring
    coordination to protect incumbent operations and maintaining
    flexibility on specific technical requirements will allow the
    spectrum sharing situation to be customized to meet the requirements
    at the time when DOD needs to use this spectrum.

33. Regarding the technical characteristics of the DOD TT&C operations,
    we observe that NTIA has updated the *NTIA Manual* to require that
    DOD TT&C earth stations operating in the band 2025‑2110 MHz conform
    to operational limits specified in the ITU *Radio Regulations* for
    that band.[^68] These limits require that an earth station not
    transmit until the mainbeam of its antenna is pointing at least 3°
    above the horizon, unless affected parties have agreed to a lower
    elevation angle.[^69] In addition, we observe that NTIA has adopted
    the ITU limit on the EIRP transmitted in any direction towards the
    horizon by an earth station. Specifically, these limits require that
    an earth station be:

    1\) limited to an EIRP of 40 dBW[^70] at a 0° elevation angle, in
    any 4 kHz band;

    2\) permitted to increase its EIRP to 40 dBW plus 3 times their
    elevation angle between 0‑5°, in any 4 kHz band;

    3\) unlimited in EIRP at elevation angles above 5°; and

    4\) restricted from exceeding these EIRP limits by more than
    10 dB.[^71]

    While these technical characteristics give an idea of how DOD TT&C
    operations might operate if they were constructed today, the
    situation may change before the operations are ready to be
    constructed for the 2 GHz band. Therefore, we find that a flexible
    approach regarding technical requirements backed up with
    coordination to protect incumbent operations is the best approach to
    sharing the 2 GHz band. This will allow DOD to take advantage of the
    latest technological capabilities to achieve sharing with BAS
    operations and will allow them to consider any changes in BAS
    equipment or use that might occur between now and when DOD needs
    access to this spectrum.

34. *Adjacent Band Services*. We reject Cingular's suggestion that DOD
    operations be limited to the central portion of the 2 GHz band
    because we find that it is technically feasible for those operations
    to use the entire band without causing interference to adjacent band
    fixed and mobile services. In this regard, we find that techniques
    such as power control, operation of earth stations at higher
    elevation angles, baseband filtering, berms or RF shielding, and
    other techniques, as well as frequency offsets, can mitigate
    interference from 2 GHz DOD earth stations to adjacent band fixed
    and mobile services at 1930‑2025 MHz and 2110‑2155 MHz.[^72] We also
    reject Motorola's recommendations that we add AWS in the upper
    adjacent band 2110‑2120 MHz to the list of services that require
    coordination in footnote US346, or increase OOBE limits for DOD 2
    GHz earth stations. NTIA and DOD state that DOD 2 GHz earth
    stations' compliance with the OOBE limits in the *NTIA Manual*
    should provide adequate protection to out-of-band users.[^73]
    However, we recognize the likelihood that a variety of factors -
    such as high power operation on a frequency close to the adjacent
    band, combined with a momentarily low beam elevation angle to
    acquire or maintain communications with a non-geostationary
    satellite orbit ("NGSO") satellite as it passes through elevation
    angles just above the horizon in a certain direction - may occur,
    increasing the potential for interference to AWS users in that
    direction. We accept NTIA's and DOD's position that additional
    measures will not generally be needed. However, we expect that DOD
    will be cognizant of the potential for interference into AWS
    operations in the adjacent band 2120‑2155 MHz and take appropriate
    steps to control such interference for specific situations at DOD
    TT&C earth stations. In this regard, we note that the same measures
    exercised by the DOD 2 GHz earth station to protect BAS facilities,
    such as maintaining high elevation angles and erecting berms as
    described above, should similarly mitigate against adjacent band
    interference with AWS operating in the same areas. We will address
    protection of new services in the lower adjacent band 2020‑2025 MHz,
    which has been allocated for use by Fixed and Mobile services on a
    primary basis, in a future decision.[^74]

35. Finally, with regard to the potential for 2 GHz DOD earth stations
    to cause overload interference to adjacent band receivers, we
    recognize this potential but note that at present it is unclear what
    type of receivers will be used in these adjacent bands when DOD
    transmitters commence operations in several years. Further, as
    suggested by Cingular, the record in this proceeding is not
    sufficiently developed to warrant the adoption of receiver
    interference immunity standards at this time. However, we urge
    industry to contemplate the future development of such standards and
    will revisit this issue if the situation warrants.

36. *Secondary DOD Use of 2 GHz Band.* We find that permitting DOD to
    operate 2 GHz stations in the fixed and mobile except aeronautical
    mobile services on a secondary basis at six sites is in the public
    interest. These sites are all at remote locations in the
    southwestern United States and can operate without hindering 2 GHz
    BAS fixed and mobile operations. We are adopting Motorola's
    recommendation that we modify the wording of our proposed new
    footnote to clarify the status of the military operations and make
    some other minor editorial changes to the footnote. Accordingly,
    that footnote will read as follows:

    US393 In the band 2025-2110, military services may operate stations
    in the fixed and mobile except aeronautical mobile services on a
    secondary basis at the sites listed below. Upon request, primary
    users must provide sufficient information to allow secondary
    military users to protect the primary operations.

  ------------------------------------------ ------------------ --------------------
  Site                                       Coordinates        Radius of Operation
                                                                (km)

  Nellis AFB,                                36° 14\' N 115°    80
  NV...............................          02\' W             

  China Lake,                                35° 41\' N 117°    50
  CA...............................          41\' W             

  Ft. Irwin,                                 35° 16\' N 116°    50
  CA...................................      41\' W             

  Pacific Missile Test Range/Pt. Mugu, CA    34° 07\' N 119°    80
                                             30\' W             

  Yuma,                                      32° 32\' N 113°    80
  AZ......................................   58\' W             

  White Sands Missile Range, NM...........   33° 00\' N 106°    80
                                             30\' W             
  ------------------------------------------ ------------------ --------------------

37. *EESS Use of 2 GHz Band*. We are not requiring DOD to frequency
    coordinate its new 2 GHz uplink earth stations with existing 2 GHz
    EESS uplinks that operate under US347. While we concur with Space
    Imaging that it and other commercial remote-sensing operators use
    the 2 GHz band for important purposes, their operations are on a
    non-interference basis, and such users of a frequency band do not
    have the right to be protected from interference caused by new,
    primary users of that same band. However, we urge DOD, prior to
    commencing 2 GHz operations, to consult with remote-sensing
    licensees that operate under US347. We observe that it is in DOD's
    self-interest to do so because these remote sensing licensees
    perform significant defense and intelligence work.[^75]

*B. The Band 2360-2400 MHz*

[1. Background]{.underline}

38. In the United States, the principal use of the band 2360-2390 MHz is
    for aeronautical telemetry operations. In response to the Balanced
    Budget Act of 1997, the band 2385-2390 MHz was transferred from
    Federal/non-Federal Government shared use to non-Federal Government
    exclusive use, effective January 1, 2005, except that Federal and
    non-Federal Government aeronautical telemetry operations may
    continue on a primary basis at various sites for two additional
    years. We codified this spectrum transfer through the adoption of
    footnote US363. Concurrently, we allocated the band 2385‑2390 MHz to
    the non-Federal Government fixed service on a primary basis, removed
    limitations on the use of the existing non-Federal Government mobile
    service allocation by deleting the band 2385‑2390 MHz from footnote
    US276, and deleted the Federal Government mobile, fixed, and
    radiolocation service allocations from the band 2385-2390 MHz. We
    subsequently established service rules under Part 27 for this
    band.[^76] However, the band 2385‑2390 MHz has not yet been
    auctioned or licensed for new fixed and mobile services; instead, as
    authorized by footnote US363, this spectrum is still used by flight
    test stations. In order to accommodate aeronautical mobile systems
    relocated from the band 1710‑1755 MHz, NTIA now requests that the
    band 2385‑2390 MHz be generally returned to its allocation status
    prior to the reallocation.

39. In the United States, the band 2390‑2400 MHz was historically part
    of a larger band that extended from 2390‑2450 MHz, which was
    allocated to the radiolocation service on a primary basis for use by
    the military services and to the amateur service on a secondary
    basis. In 1994, the Commission reallocated the band 2390‑2400 MHz,
    which was transferred as exclusive non‑Federal Government spectrum,
    to the amateur service on a primary basis.[^77] At the request of
    NTIA, the Commission concurrently added footnote G122 to its Rules,
    which states that Federal Government operations may be authorized on
    a non‑interference basis in the band 2390‑2400 MHz.[^78] Also
    concurrent with that transfer, the Commission made the band
    2390‑2400 MHz available for UPCS devices and established technical
    rules for their use. In general, UPCS devices operating in the band
    2390‑2400 MHz were limited to asynchronous devices, which are
    devices that transmit RF energy in short bursts of time, as typified
    by packet data transmissions used in local area network
    systems.[^79] The Commission revised Part 15 of its Rules to allow
    asynchronous devices to operate in the band 2390‑2400 MHz using the
    same rules as are used for the band 1910‑1920 MHz.[^80]

    [2. Proposals]{.underline}

40. In the *AWS Fourth NPRM*, we proposed to permit Federal Government
    aeronautical mobile systems to operate throughout the band 2360-2395
    MHz. However, we noted in the *AWS Fourth NPRM* that non-Federal
    Government flight test station operations have been rapidly
    increasing, and so we proposed to permit those operations to share
    the band 2385-2395 MHz with Federal Government aeronautical mobile
    systems.[^81] In order to implement our proposal, we proposed to
    allocate the band 2385‑2395 MHz to the mobile service on a primary
    basis for Federal Government use and to modify footnote US276 to
    include the band 2385-2395 MHz, to permit Federal agencies to
    conduct all types of aeronautical mobile operations, not just
    aeronautical telemetering and telecommand operations, and to permit
    non-Federal Government users to conduct aeronautical mobile
    operations, limited to aeronautical telemetering and associated
    telecommand operations for flight testing, in the band
    2385‑2395 MHz. We also proposed to expand the permissible uses under
    the Federal Government mobile service allocation in the band
    2360‑2395 MHz to include land mobile and maritime mobile
    applications on a secondary basis to aeronautical mobile
    applications. We further proposed to allocate the band 2385‑2390 MHz
    to the radiolocation service on a primary basis and to the fixed
    service on a secondary basis for Federal Government use and to
    revise footnote G122 so that Federal Government operations in the
    band 2390‑2395 MHz would no longer be shown as being on a
    non‑interference basis to non‑Federal Government operations.[^82]

41. In the *AWS Fourth NPRM*, we observed that, under our proposal, the
    amateur service would retain its current primary allocation at
    2390-2400 MHz, but would be required to share the lower 5 megahertz
    with new Federal and non-Federal Government operations on a
    co-primary basis.[^83] We solicited comment on whether limits should
    be imposed on the amateur and/or mobile services in order to enhance
    spectrum sharing. We also observed that non‑Federal Government
    flight test stations in the band 2310‑2390 MHz have long been
    subject to the emission limitations that are specified in Section
    87.139 of our Rules, and we proposed to continue to employ these
    emission limitations for non‑Federal Government flight test stations
    in the band 2385‑2390 MHz. We requested comment on the appropriate
    out‑of‑band emission limits that are necessary to protect the
    Satellite Digital Audio Radio Service ("DARS") at 2320‑2345 MHz from
    harmful interference caused by either aeronautical ground or
    aircraft stations. Finally, we proposed to rescind numerous changes
    to our WCS service rules at 2385‑2390 MHz because that band will no
    longer be available for WCS and to no longer make the band
    2390‑2400 MHz available for UPCS because there is no UPCS equipment
    authorized or anticipated in that band.[^84]

    [3. Comments]{.underline}

42. Motorola supports the proposed allocation changes to accommodate
    Federal airborne telemetry systems in the band 2360-2400 MHz.
    Motorola maintains that the proposed changes would enable DOD to
    relocate all of the airborne telemetry and video systems that
    currently operate in the band 1710‑1755 MHz to the band 2360-2395
    MHz, and that these changes are critical to the deployment of AWS in
    the band 1710-1755 MHz. It contends that this proposed allocation
    for airborne telemetry would be consistent with uses of this
    spectrum in other countries and would thus promote harmonization
    with international spectrum allocations.[^85] The Aerospace and
    Flight Test Radio Coordinating Council ("AFTRCC") generally agrees
    with Motorola, stating that there is exponential growth in aerospace
    telemetry data rates and that this growth is driven by increasing
    complexity of technology surrounding the development of new
    equipment. AFTRCC also urges that new amateur use of the band
    2390‑2395 MHz be precluded and existing amateur use be grandfathered
    as secondary, arguing that there is no existing or proposed
    coordination procedure between flight test and amateur
    operations.[^86]

43. Sirius Satellite Radio, Inc. and XM Radio, Inc. ("Sirius/XM")
    request that the Commission impose a sufficiently stringent limit on
    unwanted emissions from new aeronautical operations in the band
    2360-2395 MHz to avoid harmful interference to Satellite DARS at
    2320‑2345 MHz. Sirius/XM state that Satellite DARS receivers are
    particularly susceptible to interference from the out-of-band energy
    of airborne transmitters because they employ very small aperture,
    near omnidirectional antennas and operate near the noise floor.
    Sirius/XM also state that, because airborne transmitters are always
    line-of-sight from Satellite DARS receivers, any interference would
    be pervasive and continuous. Sirius/XM contend that the proposed
    OOBE limits on airborne transmitters of 55 + 10 log (p) dB would
    permit them to exceed the existing WCS to DARS interference OOBE
    standard by as much as 55 dB. Sirius/XM assert that the resulting
    spurious energy would be far greater than the interference rejection
    capability in Satellite DARS receivers, and that it makes no sense
    to permit greater OOBE from one service than another. Accordingly,
    Sirius/XM recommend that the Commission require all new Federal
    Government and non-Federal Government operators in the band
    2360‑2395 MHz to meet the OOBE limits that apply to adjacent band
    WCS licensees. However, Sirius/XM concede that if aeronautical
    mobile transmitters satisfy a minimum altitude restriction, a lesser
    degree of OOBE protection would be appropriate.[^87]

44. In reply comments, Motorola contends that it is notable that none of
    the commenters oppose the relocation of airborne telemetry
    operations to the band 2360‑2395 MHz. It recommends that the
    Commission reject Sirius/XM's request for more stringent OOBE limits
    to protect satellite DARS receivers because the operational
    characteristics of flight testing and airborne telemetry are
    different than for WCS and no basis has been established for
    applying the WCS OOBE limits to aeronautical mobile operations in
    the band 2360‑2395 MHz.[^88]

45. AFTRCC similarly argues, in reply comments, that there is no basis
    for the OOBE limits sought by Sirius/XM. It maintains that Sirius/XM
    accepted their allocation at 2320-2345 MHz knowing that flight
    testing was conducted at 2360-2390 MHz. It also asserts that a study
    it commissioned shows that a combination of operational and
    technical factors precludes the risk of flight test interference to
    satellite DARS reception. For example, AFTRCC contends that when an
    aircraft is visible during a flight test at high altitude, an
    extremely high gain antenna is required to pick up the telemetry
    signal. AFTRCC further asserts that since satellite DARS antennas
    are omnidirectional, their antenna gain is near zero, and thus the
    susceptibility to a telemetry signal is lower than if the DARS
    receiver antenna had a higher gain towards the telemetry
    transmitter. Further, AFTRCC contends that when an aircraft is at
    low altitude, ground attenuation and geographic separation between
    members of the general public and flight test operations ensure that
    the telemetry signal will be attenuated. In both scenarios, AFTRCC
    asserts, the flight test signal received in the DARS band will
    typically be far below the level requested by Sirius/XM for the
    flight test transmitter. It concludes that there is no basis for any
    new, more stringent OOBE limits on flight testing relative to
    satellite DARS and that the *AWS Fourth NPRM* is correct in
    proposing to simply continue with the long-established Section
    87.139 requirements for Non-Government flight testing. Finally,
    AFTRCC states that, subsequent to the filing of the comments
    responding to the *AWS Fourth NPRM*, discussions were initiated with
    the National Association for Amateur Radio (also known as the
    American Radio Relay League or "ARRL") relative to a possible
    accommodation of the interests of AFTRCC and ARRL in the band
    2390‑2395 MHz, and those parties will advise the Commission of the
    result of these discussions.[^89] In this regard, in its *ex parte*
    filing of May 13, 2004, AFTRCC provides an update indicating that it
    has been unable to report completion of an agreement with the
    ARRL.[^90] In an additional *ex parte* filing submitted 15 days
    later, AFTRCC describes the potential for interference from amateur
    operations, including point-to-point and prospective airborne
    amateur television ("ATV") operations, into aeronautical flight
    testing operations, especially telemetry air-to-ground links
    essential to aircrew safety, and urges that formal coordination of
    amateur operations be required or, alternatively, suggests the
    initiation of a rulemaking to upgrade the secondary amateur
    allocation in the band 2300‑2305 MHz, in return for deletion of the
    amateur allocation in the band 2390‑2395 MHz.[^91] On
    September, 9, 2004, AFTRCC further updated the record by submitting
    an *ex parte* filing that indicates AFTRCC now intends to further
    explore with the ARRL the possibility of a coordination
    agreement.[^92]

46. In reply comments, ARRL states that it does not disagree with
    Motorola's comments on the proposal set forth in the *AWS Fourth
    NPRM* for the band 2360‑2400 MHz. With respect to AFTRCC, ARRL
    states in its reply comments that the parties have conferred and
    agreed to cooperatively develop coordination procedures that will
    lead to a compatible, co-primary sharing plan for the band
    2390‑2395 MHz. ARRL further contends that it is unnecessary for the
    Commission to view the band 2390‑2395 MHz allocation as an
    \"either/or\" situation because both flight test telemetry and
    amateur operations can be accommodated. ARRL states that it looks
    forward to finalizing with AFTRCC a cooperative, compatible sharing
    plan that allows co-primary amateur and flight test operations in
    the band 2390‑2395 MHz. ARRL recommends that the Commission proceed
    with the allocations proposed in the *AWS Fourth NPRM*, affirm the
    need for cooperative frequency coordination efforts between Federal
    and non-Federal government flight test telemetry and other
    aeronautical mobile uses in the band 2390‑2395 MHz band, and make no
    allocation changes to the band 2395-2400 MHz.[^93]

    [4. Decision]{.underline}

47. We are adopting our proposals for the band 2360-2400 MHz. Commenters
    generally support these proposals and we find that their adoption
    will play a major role in facilitating the introduction of AWS by
    permitting DOD to relocate essential aeronautical mobile systems to
    the band 2360-2395 MHz from the band 1710-1755 MHz. With regard to
    the concerns voiced by AFTRCC, that new amateur use of the band
    2390-2395 MHz should be precluded and existing amateur use of that
    band should be grandfathered, we decline to adopt such measures. We
    believe that shared use should not impose an undue constraint on
    either service. Amateur access to the band on a primary basis was
    established relatively recently -- in 1995 -- and we note that
    amateur use of the band appears to be relatively light.[^94]
    Moreover, aeronautical mobile use of the band will likely be
    predominantly at remote facilities.[^95] We also will not impose
    coordination requirements between amateur and aeronautical flight
    testing operations. We observe that the potential for interference
    from amateur operations, even directional point-to-point operations,
    to flight testing operations, would be small, due to the high
    altitudes of aeronautical mobile flight testing transmitters, and
    the correspondingly high elevation and off-axis attenuation of high
    gain flight testing receive antennas on the ground. Although, as
    noted by AFTRCC, low antenna elevation angle and off-axis
    attenuation of flight testing receive antennas, and line-of-site
    conditions, could occur, and thus we cannot rule out the possibility
    of interference to flight testing from amateur operations, we
    believe the likelihood of such an occurrence is limited by the
    remoteness of flight testing facilities, and the relatively light
    use of the band 2390‑2395 MHz band by amateurs. Also, as indicated
    by the current lack of agreement regarding coordination between ARRL
    and AFTRRC, and especially given the flexibility of amateurs to
    operate without specific station authorization or registration on
    the Commission's database, it appears impractical to establish an
    effective coordination requirement at this time. We also conclude
    that, because most flight testing is conducted at high altitudes
    with low output power at remote facilities, the reverse potential
    for interference from flight testing operations into amateur
    operations is also small. Therefore, we will not require that flight
    testing operations be coordinated with amateur operations.[^96]
    Recognizing that this is a unique approach to shared use of the
    band, in the unlikely event that interference occurs to either
    flight testing or amateur operations, we expect that both parties
    will work together to identify and resolve the interference or find
    a mutually acceptable solution. Should these efforts not succeed,
    the matter should be referred to the FCC or NTIA for resolution.

48. We decline to adopt the Sirius/XM recommendation that all new
    Government and non-Government aeronautical mobile operators in the
    band 2360-2395 MHz meet the OOBE limits that apply to WCS licensees
    at 2305-2320/2345-2360 MHz to protect Satellite DARS receivers in
    the band 2320‑2345 MHz from interference. We find those limits to be
    inappropriate for aeronautical mobile services at 2360-2395 MHz.  It
    is extremely unlikely that aeronautical mobile transmitters would be
    in close enough proximity to Satellite DARS receivers so as to
    create a potential for harmful interference to those receivers. In
    this regard, we observe that aeronautical mobile operations will not
    be widespread and will often occur in the vicinity of test ranges. 
    Thus, it is expected that there normally would be large separation
    distances between aeronautical mobile transmitters and Satellite
    DARS receivers.  We also observe that Satellite DARS signal strength
    is generally sufficiently high to overcome potential interference
    from aeronautical mobile transmitters even in an unusual case where
    the DARS receiver is relatively close to the aeronautical
    transmitter.  Further, Sirius/XM have provided no analysis or other
    information demonstrating that tighter emission limits are necessary
    to ensure that spurious emissions from aeronautical transmitters do
    not cause harmful interference to Satellite DARS receivers. We find
    that Sirius/XM have not established any basis or need for applying
    the WCS OOBE limits to aeronautical mobile services at 2360-2395
    MHz. Accordingly, we will apply the OOBE limits specified in Section
    87.139 of our Rules to aeronautical mobile operations in the band
    2360‑2395 MHz.

49. Finally, no commenting party opposed the removal of the WCS from the
    band 2385‑2390 MHz or UPCS from the band 2390‑2400 MHz. Therefore,
    we adopt those proposals to help clear the spectrum for new uses.

50. Accordingly, as proposed in the *AWS Fourth NPRM*, we adopt footnote
    US276 to clearly indicate the allocations for the band
    2360‑2395 MHz, to read as follows:[^97]

    US276 Except as otherwise provided for herein, use of the band
    2360-2395 MHz by the mobile service is limited to aeronautical
    telemetering and associated telecommand operations for flight
    testing of aircraft, missiles or major components thereof. The
    following three frequencies are shared on a co‑equal basis by
    Federal and non‑Federal stations for telemetering and associated
    telecommand operations of expendable and reusable launch vehicles
    whether or not such operations involve flight testing: 2364.5 MHz,
    2370.5 MHz, and 2382.5 MHz. All other mobile telemetering uses shall
    be secondary to the above uses.

    *C. Other Matters*

51. In Appendix A to the *AWS* *Fourth NPRM*, we proposed changes to
    Sections 15.301, 15.303, 15.319, and 15.321 of our Rules. In those
    proposed rule sections, we erroneously deleted references to the
    asynchronous 1910-1920 MHz portion of the greater 1910-1930 MHz UPCS
    band. In the interim, in the *800 MHz/Nextel Order*, we have adopted
    rules redesignating the 1910-1915 MHz lower half of the 1910‑1920
    MHz band for Nextel.[^98] We have also adopted rules redesignating
    the 1915‑1920 MHz upper half of the 1910‑1920 MHz band for AWS
    use.[^99] Accordingly, in Appendix C herein, the UPCS rules we adopt
    reflect those decisions.

**IV. PROCEDURAL MATTERS**

*A. Regulatory Flexibility Act*

52. The Final Regulatory Flexibility Analysis, required by the
    Regulatory Flexibility Act, *[see]{.underline}* 5 U.S.C. § 604, is
    contained in Appendix B.

    *B. Paperwork Reduction Act*

53. This document does not contain new or modified information
    collection requirements subject to the Paperwork Reduction Act of
    1995 (PRA), Public Law 104‑13. In addition, therefore, it does not
    contain any new or modified "information collection burden for small
    business concerns with fewer than 25 employees," pursuant to the
    Small Business Paperwork Relief Act of 2002, Public Law 107‑198,
    *[see]{.underline}* 44 U.S.C. § 3506(c)(4).

    *C. Congressional Review Act*

54. The Commission will send a copy of this Seventh Report & Order in a
    report to be sent to Congress and the General Accounting Office
    pursuant to the Congressional Review Act, *[see]{.underline}*
    5 U.S.C. § 801(a)(1)(A).

# V. ordering clauses

55. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4(i), 7(a),
    302(a), 303(f), and 303(g) of the Communications Act of 1934, as
    amended, 47 U.S.C. Sections 151, 154(i), 157(a), 302(a), 303(f), and
    303(g), this Seventh Report and Order IS ADOPTED and that Parts 1,
    2, 15, 27, 87, and 97 of the Commission's Rules ARE AMENDED as
    specified in Appendix C, effective 30 days after publication in the
    Federal Register.

56. IT IS FURTHER ORDERED that the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this SEVENTH REPORT AND ORDER, including the Final
    Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy
    of the Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A: COMMENTERS TO THE *AWS FOURTH NPRM***

**[Comments]{.underline}**

Aerospace and Flight Test Radio Coordinating Council

Association for Maximum Service Television, Inc. and the National
Association of Broadcasters

Cellular Telecommunications & Internet Association

Cingular Wireless LCC

Ericsson, Inc.

Gannett Co., Inc

Motorola, Inc.

National Association for Amateur Radio (also known as the American Radio
Relay League or ARRL)

Sirius Satellite Radio Inc. and XM Radio Inc.

Society of Broadcast Engineers, Inc.

Space Imaging LLC

**[Reply Comments]{.underline}**

Aerospace and Flight Test Radio Coordinating Council

Cingular Wireless LCC

Motorola, Inc.

National Association for Amateur Radio (also known as the American Radio
Relay League or ARRL)

Society of Broadcast Engineers, Inc.

**APPENDIX B: FINAL REGULATORY FLEXIBILITY ANALYSIS**

As required by the Regulatory Flexibility Act ("RFA"),[^100] an Initial
Regulatory Flexibility Analysis ("IRFA") was incorporated in the *Fourth
Notice of Proposed Rule Making* ("*AWS* *Fourth NPRM"*) in this
proceeding. The Commission sought written comment on the proposals in
the *AWS Fourth NPRM*, including comments on the IRFA.[^101] The present
Final Regulatory Flexibility Analysis ("FRFA") conforms to the RFA.

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

In this Seventh Report and Order, we allow the Department of Defense
("DOD") to use the band 2025‑2110 MHz ("2 GHz") on a co‑equal, primary
basis with non‑Federal Government operations for DOD earth stations at
11 sites that support DOD space operations. DOD access to the 2 GHz band
may make more spectrum available in the band 1755‑1850 MHz for absorbing
certain DOD systems displaced from the band 1710‑1755 MHz. In addition,
we permit the DOD to operate stations in the fixed and mobile services
in the 2 GHz band on a secondary (non-interference) basis at six sites
in the southwestern region of the United States.

We also make numerous allocation changes to the band 2360‑2400 MHz, the
most significant of which rescinds the recent establishment of Wireless
Communications Services at 2385‑2390 MHz, allows Federal and non-Federal
Government flight test stations to operate in the band 2385‑2395 MHz,
and no longer permits the band 2390‑2400 MHz to be used by Unlicensed
Personal Communications Services ("UPCS") applications. These allocation
changes permit DOD to relocate all aeronautical mobile systems out of
the band 1710‑1755 MHz, which is a major objective for facilitating the
introduction of Advanced Wireless Services ("AWS"). In addition, these
allocation changes provide needed replacement spectrum for use by DOD
and commercial flight test stations, which recently lost access to the
35 megahertz of spectrum at 1525-1535 MHz and 2320-2345 MHz. Thus, these
actions are a significant step forward toward the introduction of AWS
while ensuring that the provision of important military services is not
compromised.

**B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA**

We received no comments directly in response to the IRFA. We did,
however, consider the potential impact of the proposed rules on smaller
entities, and conclude that any impact will not be adverse. While new
DOD use of the 2 GHz band will require coordination between DOD and
existing TV Broadcasting Auxiliary Services ("BAS") licensees, the
burden will be on DOD to demonstrate that its new use can be
accomplished on a non-interference basis.

**C. Description and Estimate of the Number of Small Entities to Which
the Adopted 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.[^102] The RFA generally
defines the term "small entity" as having the same meaning as the terms
"small business," "small organization," and "small governmental
jurisdiction."[^103] In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act.[^104] A "small business concern" is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA).[^105]

A small organization is generally "any not-for-profit enterprise which
is independently owned and operated and is not dominant in its
field."[^106] Nationwide, there are approximately 1.6 million small
organizations.[^107] "Small governmental jurisdiction" generally means
"governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than
50,000."[^108] As of 1997, there were approximately 87,453 governmental
entities in the United States.[^109] This number includes 39,044 county
governments, municipalities, and townships, of which 37,546
(approximately 96.2%) have populations of fewer then 50,000 and 1,498
have populations of 500,000 or more. Thus, we estimate the number of
small governmental jurisdictions overall to be approximately 84,098 or
fewer.

In the 2 GHz band, the rules adopted in this Report and Order affect
licensees in the Television BAS, the Local Television Transmission
Service ("LTTS"), and the Cable Television Relay Service ("CARS").

***BAS.*** This service uses a variety of transmitters to relay
broadcast programming to the public (through translator and booster
stations) or within the program distribution chain (from a remote news
gathering unit back to the stations). There are approximately 712 TV BAS
licensees in the 1990‑2110 MHz band, and these licensees will ultimately
be required to use only the 2 GHz portion of that band.[^110] It is
unclear how many of these will be affected by our new rules.

The Commission has not developed a definition of small entities specific
to BAS licensees. The U.S. Small Business Administration (SBA) has
developed small business size standards, as follows: For TV BAS, we use
the size standard for Television Broadcasting, which consists of all
such companies having annual receipts of no more than \$12.0
million.[^111] According to Census Bureau data for 1997, there were 906
Television Broadcasting firms, total that operated for the entire
year.[^112] Of this total, 734 firms had annual receipts of
\$9,999,999.00 or less and an additional 71 had receipts of \$10 million
to \$24,999,999.00.[^113] Thus, under this standard, the majority of
firms can be considered small.

***CARS.*** There are nine CARS mobile licensees in the 1990-2110 MHz
band, and these licensees will ultimately be required to use only the 2
GHz portion of that band.[^114] It is unclear how many of these will be
affected by our new rules. The SBA has developed a small business size
standard for Cable and other Program Distribution, which consists of all
such companies having annual receipts of no more than \$12.5
million.[^115] According to Census Bureau data for 1997, there were
1,311 firms within the industry category Cable and Other Program
Distribution, total, that operated for the entire year.[^116] Of this
total, 1,180 firms had annual receipts of \$9,999,999.00 or less, and an
additional 52 firms had receipts of \$10 million to
\$24,999,999.00.[^117] Thus, under this standard, the majority of firms
can be considered small.

***LTTS.*** There are 34 LTTS licensees in the 1990-2110 MHz band, and
these licensees will ultimately be required to use only the 2 GHz
portion of that band.[^118] It is unclear how many of these will be
affected by our new rules. The Commission has not yet defined a small
business with respect to local television transmission services. For
purposes of this FRFA, we will use the SBA's definition applicable to
Cellular and Other Wireless Telecommunications -- *i.e.*, an entity with
no more than 1,500 persons.[^119] According to Census Bureau data for
1997, there were 977 firms in this category, total, that operated for
the entire year.[^120] Of this total, 965 firms had employment of 999 or
fewer employees, and an additional 12 firms had employment of 1,000
employees or more.[^121] Thus, under this size standard, the majority of
firms can be considered small.

In the band 2360‑2390 MHz, the rules adopted in this Report and Order
are not expected to impact licensees of flight test stations, except to
provide those licensees continued access to the sub-band 2385‑2390 MHz.
That is, Federal and non‑Federal Government licensees of flight test
stations have long shared the band 2360‑2390 MHz and our new rules
essentially return the sub-band 2385‑2390 MHz to its state prior to
reallocation. The additional flexibility given to Federal Government
users is not expected to impact licensees of flight test stations
because this use would be on a secondary basis.

In the band 2390‑2400 MHz, the rules adopted in this Report and Order
are not expected to greatly impact licensees in the amateur service.
Federal and non-Federal Government use of the band 2390‑2395 MHz is
expected to occur at only a limited number of aeronautical telemetry
ranges in remote areas. We have reviewed our files and have found that
no unlicensed PCS device has been authorized in the band 2390‑2400 MHz.

**D. Description of Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities**

The new rules require that DOD coordinate a request for use of
frequencies in the 2 GHz band prior to submitting an application to the
Commission through the Frequency Assignment Subcommittee of the
Interdepartment Radio Advisory Committee of the National
Telecommunications and Information Administration. Commission licensees
may choose to conduct studies or incur other expenses during the
coordination process.[^122] This will entail costs typically associated
with the coordination process. In addition, we observe that DOD will be
the party initiating coordination.

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

The RFA requires an agency to describe any significant alternatives that
it has considered in reaching its proposed approach, which may include
the following four alternatives (among others): (1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.[^123]

We are requiring that the 11 DOD earth stations that will operate in the
2 GHz band prior coordinate their frequency use with existing TV BAS
licensees. Such a requirement will ensure that these earth stations
operate in a manner that minimizes the potential of causing harmful
interference. This action is expected to protect incumbent BAS, LTTS,
and CARS systems from service disruptions caused by receiving harmful
interference. Some commenters recommended that we not relocate these
earth stations to the 2 GHz band,[^124] but we find that such relocation
will not adversely impact incumbents and is essential to facilitate the
introduction of AWS.

**F. Report to Congress**

The Commission will send a copy of the Report and Order, including this
FRFA, in a report to be sent to Congress pursuant to the Congressional
Review Act.[^125] In addition, the Commission will send a copy of the
Report and Order, including this FRFA, to the Chief Counsel for Advocacy
of the Small Business Administration. In addition, the Report and Order
including the FRFA (or summaries thereof) will be published in the
Federal Register.[^126]

**APPENDIX c: FINAL RULES**

For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 C.F.R. Parts 1, 2, 15, and 87 as follows:

**PART 1 -- PRACTICE AND PROCEDURE**

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

**AUTHORITY**: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and
325(e) unless otherwise noted.

2\. Section 1.1307(b)(1) is amended by revising the entry for "Wireless
Communications Service (part 27)" to read as follows:

**[§ 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assessments (EAs) must be
prepared.]{.underline}**

\* \* \* \* \*

(b)(1) \* \* \*

TABLE 1 ‑ TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE
ENVIRONMENTAL EVALUATION

+--------------------------------+-------------------------------------+
| Service (title 47 CFR rule     | Evaluation requirement if:          |
| part)                          |                                     |
+--------------------------------+-------------------------------------+
| \* \* \* \*                    | \* \* \*                            |
+--------------------------------+-------------------------------------+
| Wireless Communications        | \(1\) for the 1390‑1392 MHz,        |
| Service (part 27)........      | 1392‑1395 MHz, 1432‑1435 MHz , and  |
|                                | 1670‑1675 MHz bands:                |
|                                |                                     |
|                                | [Non‑building‑mounted               |
|                                | antennas:]{.underline} height above |
|                                | ground level to lowest point of     |
|                                | antenna \< 10 m [and]{.underline}   |
|                                | total power of all channels \> 2000 |
|                                | W ERP (3280 W EIRP)                 |
|                                |                                     |
|                                | [Building‑mounted                   |
|                                | antennas:]{.underline} total power  |
|                                | of all channels \> 2000 W ERP (3280 |
|                                | W EIRP)                             |
|                                |                                     |
|                                | \(2\) for the 746‑764 MHz,          |
|                                | 776‑794 MHz, 2305‑2320 MHz, and     |
|                                | 2345‑2360 MHz bands                 |
|                                |                                     |
|                                | Total power of all channels \> 1000 |
|                                | W ERP (1640 W EIRP)                 |
+--------------------------------+-------------------------------------+
| \* \* \* \*                    | \* \* \*                            |
+--------------------------------+-------------------------------------+

\* \* \* \* \*

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

3\. The authority citation for part 2 continues to read as follows:

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

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

a\. Revise pages 47, 48, 49 and 51.

b\. In the list of United States (US) footnotes, revise footnotes US276
and US346, delete US363, and add footnote US393.

c\. In the list of non‑Federal Government (NG) footnotes, delete
footnote NG174.

d\. In the list of Federal Government (G) footnotes, revise footnotes
G2, G120, and G122.

**[§ 2.106 Table of Frequency Allocations.]{.underline}**

The revisions and additions read as follows:

\* \* \* \* \*

+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1670-2110 |           |           |           |   |           | Page 47 |
| MHz (UHF) |           |           |           |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| Inte      |           |           | United    |   |           | FCC     |
| rnational |           |           | States    |   |           | Rule    |
| Table     |           |           | Table     |   |           | Part(s) |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   |   | No        |         |
|           |           |           | G         |   | n-Federal |         |
|           |           |           | overnment |   | G         |         |
|           |           |           |           |   | overnment |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1670-1675 |           |           | 1670-1675 | 1 |           | W       |
|           |           |           |           | 6 |           | ireless |
| METEO     |           |           | 5.341     | 7 |           |         |
| ROLOGICAL |           |           | US211     | 0 |           | Communi |
| AIDS      |           |           | US362     | - |           | cations |
|           |           |           |           | 1 |           | (27)    |
| FIXED     |           |           |           | 6 |           |         |
|           |           |           |           | 7 |           |         |
| METEOR    |           |           |           | 5 |           |         |
| OLOGICAL- |           |           |           |   |           |         |
| SATELLITE |           |           |           | F |           |         |
| (space-   |           |           |           | I |           |         |
| to-Earth) |           |           |           | X |           |         |
|           |           |           |           | E |           |         |
| MOBILE    |           |           |           | D |           |         |
| 5.380     |           |           |           |   |           |         |
|           |           |           |           | M |           |         |
| 5.341     |           |           |           | O |           |         |
|           |           |           |           | B |           |         |
|           |           |           |           | I |           |         |
|           |           |           |           | L |           |         |
|           |           |           |           | E |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | x |           |         |
|           |           |           |           | c |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | p |           |         |
|           |           |           |           | t |           |         |
|           |           |           |           | a |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           | r |           |         |
|           |           |           |           | o |           |         |
|           |           |           |           | n |           |         |
|           |           |           |           | a |           |         |
|           |           |           |           | u |           |         |
|           |           |           |           | t |           |         |
|           |           |           |           | i |           |         |
|           |           |           |           | c |           |         |
|           |           |           |           | a |           |         |
|           |           |           |           | l |           |         |
|           |           |           |           |   |           |         |
|           |           |           |           | m |           |         |
|           |           |           |           | o |           |         |
|           |           |           |           | b |           |         |
|           |           |           |           | i |           |         |
|           |           |           |           | l |           |         |
|           |           |           |           | e |           |         |
|           |           |           |           |   |           |         |
|           |           |           |           | 5 |           |         |
|           |           |           |           | . |           |         |
|           |           |           |           | 3 |           |         |
|           |           |           |           | 4 |           |         |
|           |           |           |           | 1 |           |         |
|           |           |           |           | U |           |         |
|           |           |           |           | S |           |         |
|           |           |           |           | 2 |           |         |
|           |           |           |           | 1 |           |         |
|           |           |           |           | 1 |           |         |
|           |           |           |           | U |           |         |
|           |           |           |           | S |           |         |
|           |           |           |           | 3 |           |         |
|           |           |           |           | 6 |           |         |
|           |           |           |           | 2 |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1675-1690 | 1675-1690 | 1675-1690 | 1675-1700 |   |           |         |
|           |           |           |           |   |           |         |
| METEO     | METEO     | METEO     | METEO     |   |           |         |
| ROLOGICAL | ROLOGICAL | ROLOGICAL | ROLOGICAL |   |           |         |
| AIDS      | AIDS      | AIDS      | AIDS      |   |           |         |
|           |           |           | (ra       |   |           |         |
| FIXED     | FIXED     | FIXED     | diosonde) |   |           |         |
|           |           |           |           |   |           |         |
| METEOR    | METEOR    | METEOR    | METEOR    |   |           |         |
| OLOGICAL- | OLOGICAL- | OLOGICAL- | OLOGICAL- |   |           |         |
|           |           |           | SATELLITE |   |           |         |
| SATELLITE | SATELLITE | SATELLITE | (space-   |   |           |         |
| (space-   | (space-   | (space-   | to-Earth) |   |           |         |
| to-Earth) | to-Earth) | to-Earth) |           |   |           |         |
|           |           |           |           |   |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |   |           |         |
| except    | except    | except    |           |   |           |         |
| aer       | aer       | aer       |           |   |           |         |
| onautical | onautical | onautical |           |   |           |         |
|           |           |           |           |   |           |         |
| mobile    | mobile    | mobile    |           |   |           |         |
|           |           |           |           |   |           |         |
| 5.341     | MOBILE-   | 5.341     |           |   |           |         |
|           | SATELLITE |           |           |   |           |         |
|           |           |           |           |   |           |         |
|           | (Earth-   |           |           |   |           |         |
|           | to-space) |           |           |   |           |         |
|           |           |           |           |   |           |         |
|           | 5.341     |           |           |   |           |         |
|           | 5.377     |           |           |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1690-1700 | 1690-1700 | 1690-1700 | 5.289     |   |           |         |
|           |           |           | 5.341     |   |           |         |
| METEO     | METEO     | METEO     | US211     |   |           |         |
| ROLOGICAL | ROLOGICAL | ROLOGICAL |           |   |           |         |
| AIDS      | AIDS      | AIDS      |           |   |           |         |
|           |           |           |           |   |           |         |
| METEOR    | METEOR    | METEOR    |           |   |           |         |
| OLOGICAL- | OLOGICAL- | OLOGICAL- |           |   |           |         |
|           |           |           |           |   |           |         |
| SATELLITE | SATELLITE | SATELLITE |           |   |           |         |
| (space-   | (space-   | (space-   |           |   |           |         |
| to-Earth) | to-Earth) | to-Earth) |           |   |           |         |
|           |           |           |           |   |           |         |
| Fixed     | MOBILE-   | 5.289     |           |   |           |         |
|           | SATELLITE | 5.341     |           |   |           |         |
| Mobile    |           | 5.381     |           |   |           |         |
| except    | (Earth-   |           |           |   |           |         |
| aer       | to-space) |           |           |   |           |         |
| onautical |           |           |           |   |           |         |
|           | 5.289     |           |           |   |           |         |
| mobile    | 5.341     |           |           |   |           |         |
|           | 5.377     |           |           |   |           |         |
| 5.289     | 5.381     |           |           |   |           |         |
| 5.341     |           |           |           |   |           |         |
| 5.382     |           |           |           |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1700-1710 | 1700-1710 | 1700-1710 | 1700-1710 |   | 1700-1710 |         |
|           |           |           |           |   |           |         |
| FIXED     | FIXED     | FIXED     | FIXED     |   | METEOR    |         |
|           |           |           | G118      |   | OLOGICAL- |         |
| METEOR    | METEOR    | METEOR    |           |   |           |         |
| OLOGICAL- | OLOGICAL- | OLOGICAL- | METEOR    |   | SATELLITE |         |
|           |           |           | OLOGICAL- |   | (space-   |         |
| SATELLITE | SATELLITE | SATELLITE |           |   | to-Earth) |         |
| (space-   | (space-   | (space-   | SATELLITE |   |           |         |
| to-Earth) | to-Earth) | to-Earth) | (space-   |   | Fixed     |         |
|           |           |           | to-Earth) |   |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |   | 5.289     |         |
| except    | except    | except    | 5.289     |   | 5.341     |         |
| aer       | aer       | aer       | 5.341     |   |           |         |
| onautical | onautical | onautical |           |   |           |         |
|           |           |           |           |   |           |         |
| mobile    | mobile    | mobile    |           |   |           |         |
|           |           |           |           |   |           |         |
| 5.289     | MOBILE-   | 5.289     |           |   |           |         |
| 5.341     | SATELLITE | 5.341     |           |   |           |         |
|           |           | 5.384     |           |   |           |         |
|           | (Earth-   |           |           |   |           |         |
|           | to-space) |           |           |   |           |         |
|           |           |           |           |   |           |         |
|           | 5.289     |           |           |   |           |         |
|           | 5.341     |           |           |   |           |         |
|           | 5.377     |           |           |   |           |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+
| 1710-1930 |           |           | 1710-1755 |   | 1710-1755 | W       |
|           |           |           |           |   |           | ireless |
| FIXED     |           |           | 5.341     |   | FIXED     |         |
|           |           |           | US311     |   |           | Communi |
| MOBILE    |           |           | US378     |   | MOBILE    | cations |
| 5.380     |           |           |           |   |           | (27)    |
| 5.384A    |           |           |           |   | 5.341     |         |
| 5.388A    |           |           |           |   | US311     |         |
|           |           |           |           |   | US378     |         |
|           |           |           |           |   | NG176     |         |
+-----------+-----------+-----------+-----------+---+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 5.149     |           |           | 1755‑1850 | 1755‑1850 |         |
| 5.341     |           |           |           |           |         |
| 5.385     |           |           | FIXED     |           |         |
| 5.386     |           |           |           |           |         |
| 5.387     |           |           | MOBILE    |           |         |
| 5.388     |           |           |           |           |         |
|           |           |           | G42       |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 1850‑2025 | 1850‑2000 | RF      |
|           |           |           |           |           | Devices |
|           |           |           |           | FIXED     | (15)    |
|           |           |           |           |           |         |
|           |           |           |           | MOBILE    | P       |
|           |           |           |           |           | ersonal |
|           |           |           |           |           |         |
|           |           |           |           |           | Communi |
|           |           |           |           |           | cations |
|           |           |           |           |           | (24)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1930‑1970 | 1930‑1970 | 1930‑1970 |           |           |         |
|           |           |           |           |           |         |
| FIXED     | FIXED     | FIXED     |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| 5.388A    | 5.388A    | 5.388A    |           |           |         |
|           |           |           |           |           |         |
| 5.388     | Mobile‑   | 5.388     |           |           |         |
|           | satellite |           |           |           |         |
|           |           |           |           |           |         |
|           | (Earth‑   |           |           |           |         |
|           | to‑space) |           |           |           |         |
|           |           |           |           |           |         |
|           | 5.388     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1970‑1980 |           |           |           |           |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
| 5.388A    |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.388     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 1980‑2010 |           |           |           | NG177     |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE‑   |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (Earth‑   |           |           |           |           |         |
| to‑space) |           |           |           |           |         |
| 5.351A    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 2000‑2020 | Sa      |
|           |           |           |           |           | tellite |
|           |           |           |           | MOBILE‑   |         |
|           |           |           |           | SATELLITE | Communi |
|           |           |           |           |           | cations |
|           |           |           |           | (Earth‑   | (25)    |
|           |           |           |           | to‑space) |         |
|           |           |           |           | US380     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.388     |           |           |           |           |         |
| 5.389A    |           |           |           |           |         |
| 5.389B    |           |           |           |           |         |
| 5.389F    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2010‑2025 | 2010‑2025 | 2010‑2025 |           | NG156     |         |
|           |           |           |           |           |         |
| FIXED     | FIXED     | FIXED     |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| 5.388A    |           | 5.388A    |           |           |         |
|           | MOBILE‑   |           |           |           |         |
| 5.388     | SATELLITE | 5.388     |           |           |         |
|           |           |           |           |           |         |
|           | (Earth‑   |           |           |           |         |
|           | to‑space) |           |           |           |         |
|           |           |           |           |           |         |
|           | 5.388     |           |           |           |         |
|           | 5.389C    |           |           |           |         |
|           | 5.389D    |           |           |           |         |
|           | 5.389E    |           |           |           |         |
|           | 5.390     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 2020-2025 |         |
|           |           |           |           |           |         |
|           |           |           |           | FIXED     |         |
|           |           |           |           |           |         |
|           |           |           |           | MOBILE    |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | NG177     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2025‑2110 |           |           | 2025‑2110 | 2025‑2110 | TV      |
|           |           |           |           |           | Au      |
| SPACE     |           |           | SPACE     | FIXED     | xiliary |
| OPERATION |           |           | OPERATION | NG118     |         |
| (Earth‑   |           |           |           |           | Broad   |
| to‑space) |           |           | (Earth‑   | MOBILE    | casting |
| (space‑   |           |           | to‑space) | 5.391     | (74F)   |
| to‑space) |           |           |           |           |         |
|           |           |           | (space‑   | 5.392     | Cable   |
| EARTH     |           |           | to‑space) | US90      | TV      |
| EXP       |           |           |           | US222     | Relay   |
| LORATION‑ |           |           | EARTH     | US346     | (78)    |
| SATELLITE |           |           | EXP       |           |         |
| (Earth‑   |           |           | LORATION‑ | US347     | Local   |
| to‑space) |           |           |           | US393     | TV      |
| (space‑   |           |           | SATELLITE |           | Trans   |
| to‑space) |           |           | (         |           | mission |
|           |           |           | Earth‑to‑ |           |         |
| FIXED     |           |           |           |           | (101J)  |
|           |           |           | space)    |           |         |
| MOBILE    |           |           | (space‑   |           |         |
| 5.391     |           |           | to‑space) |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           | SPACE     |           |         |
| RESEARCH  |           |           | RESEARCH  |           |         |
| (Earth‑   |           |           | (Earth‑   |           |         |
| to‑space) |           |           |           |           |         |
| (space‑   |           |           | to‑space) |           |         |
| to‑space) |           |           | (space‑   |           |         |
|           |           |           | to‑space) |           |         |
| 5.392     |           |           |           |           |         |
|           |           |           | 5.391     |           |         |
|           |           |           | 5.392     |           |         |
|           |           |           | US90      |           |         |
|           |           |           | US222     |           |         |
|           |           |           |           |           |         |
|           |           |           | US346     |           |         |
|           |           |           | US347     |           |         |
|           |           |           | US393     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

Page 48

+-----------+-----------+-----------+-----------+-----------+---------+
| 2110-2345 |           |           |           |           | Page 49 |
| MHz (UHF) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2110-2120 |           |           | 2110-2120 | 2110-2155 | D       |
|           |           |           |           |           | omestic |
| FIXED     |           |           | US252     | FIXED     | Public  |
|           |           |           |           |           | Fixed   |
| MOBILE    |           |           |           | MOBILE    |         |
| 5.388A    |           |           |           |           | \(21\)  |
|           |           |           |           |           |         |
| SPACE     |           |           |           |           | Public  |
| RESEARCH  |           |           |           |           | Mobile  |
| (deep     |           |           |           |           | (22)    |
| space)    |           |           |           |           |         |
| (Earth-   |           |           |           |           | W       |
| to-space) |           |           |           |           | ireless |
|           |           |           |           |           |         |
| 5.388     |           |           |           |           | Communi |
|           |           |           |           |           | cations |
|           |           |           |           |           | (27)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2120-2160 | 2120-2160 | 2120-2170 | 2120-2200 |           |         |
|           |           |           |           |           |         |
| FIXED     | FIXED     | FIXED     |           |           |         |
|           |           |           |           |           |         |
| MOBILE    | MOBILE    | MOBILE    |           |           |         |
| 5.388A    | 5.388A    | 5.388A    |           |           |         |
|           |           |           |           |           |         |
|           | Mobile-   |           |           |           |         |
|           | satellite |           |           |           |         |
|           |           |           |           |           |         |
|           | (space-   |           |           |           |         |
|           | to-Earth) |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | US252     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.388     | 5.388     |           |           | 2155-2160 | D       |
|           |           |           |           |           | omestic |
|           |           |           |           | FIXED     | Public  |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           |         |
|           |           |           |           |           | \(21\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2160-2170 | 2160-2170 | 5.388     |           | 2160-2180 | D       |
|           |           |           |           |           | omestic |
| FIXED     | FIXED     |           |           | FIXED     | Public  |
|           |           |           |           | NG153     | Fixed   |
| MOBILE    | MOBILE    |           |           |           |         |
| 5.388A    |           |           |           | MOBILE    | \(21\)  |
|           | MOBILE-   |           |           |           |         |
|           | SATELLITE |           |           |           | Public  |
|           |           |           |           |           | Mobile  |
|           | (space-   |           |           |           | (22)    |
|           | to-Earth) |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.388     | 5.388     |           |           |           |         |
| 5.392A    | 5.389C    |           |           |           |         |
|           | 5.389D    |           |           |           |         |
|           |           |           |           |           |         |
|           | 5.389E    |           |           |           |         |
|           | 5.390     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2170-2200 |           |           |           | NG178     |         |
|           |           |           |           |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
|           |           |           |           |           |         |
| MOBILE-   |           |           |           |           |         |
| SATELLITE |           |           |           |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           |           |           |         |
| 5.351A    |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.388     |           |           |           |           |         |
| 5.389A    |           |           |           |           |         |
| 5.389F    |           |           |           |           |         |
| 5.392A    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 2180-2200 | Sa      |
|           |           |           |           |           | tellite |
|           |           |           |           | MOBILE-   |         |
|           |           |           |           | SATELLITE | Communi |
|           |           |           |           |           | cations |
|           |           |           |           | (space-   | (25)    |
|           |           |           |           | to-Earth) |         |
|           |           |           |           | US380     |         |
|           |           |           |           |           |         |
|           |           |           |           | NG168     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 2200-2290 |           |           | 2200-2290 | 2200-2290 |         |
|           |           |           |           |           |         |
| SPACE     |           |           | SPACE     |           |         |
| OPERATION |           |           | OPERATION |           |         |
| (space-   |           |           |           |           |         |
| to-Earth) |           |           | (space-   |           |         |
| (space-   |           |           | to-Earth) |           |         |
| to-space) |           |           |           |           |         |
|           |           |           | (space-   |           |         |
| EARTH     |           |           | to-space) |           |         |
| EXP       |           |           |           |           |         |
| LORATION- |           |           | EARTH     |           |         |
| SATELLITE |           |           | EXP       |           |         |
| (space-   |           |           | LORATION- |           |         |
| to-Earth) |           |           |           |           |         |
| (space-   |           |           | SATELLITE |           |         |
| to-space) |           |           | (         |           |         |
|           |           |           | space-to- |           |         |
| FIXED     |           |           |           |           |         |
|           |           |           | Earth)    |           |         |
| MOBILE    |           |           | (space-   |           |         |
| 5.391     |           |           | to-space) |           |         |
|           |           |           |           |           |         |
| SPACE     |           |           | FIXED     |           |         |
| RESEARCH  |           |           | (line     |           |         |
| (space-   |           |           | -of-sight |           |         |
| to-Earth) |           |           | only)     |           |         |
| (space-   |           |           |           |           |         |
| to-space) |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 2345      |           |           |           |           | Page 51 |
| ‑2655 MHz |           |           |           |           |         |
| (UHF)     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n‑Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| See       |           |           | 2345-2360 | 2345‑2360 | W       |
| previous  |           |           |           |           | ireless |
| page for  |           |           | Fixed     | FIXED     |         |
| 2300      |           |           |           |           | Communi |
| ‑2450 MHz |           |           | Mobile    | MOBILE    | cations |
|           |           |           | US339     | US339     | (27)    |
|           |           |           |           |           |         |
|           |           |           | Radi      | RADI      | A       |
|           |           |           | olocation | OLOCATION | viation |
|           |           |           | G2 G120   |           | (87)    |
|           |           |           |           | BROA      |         |
|           |           |           | US327     | DCASTING‑ |         |
|           |           |           |           |           |         |
|           |           |           |           | SATELLITE |         |
|           |           |           |           | 5.396     |         |
|           |           |           |           | US327     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2360‑2390 | 2360‑2390 | A       |
|           |           |           |           |           | viation |
|           |           |           | MOBILE    | MOBILE    | (87)    |
|           |           |           | US276     | US276     |         |
|           |           |           |           |           |         |
|           |           |           | RADI      |           |         |
|           |           |           | OLOCATION |           |         |
|           |           |           | G2 G120   |           |         |
|           |           |           |           |           |         |
|           |           |           | Fixed     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2390‑2395 | 2390‑2395 | A       |
|           |           |           |           |           | viation |
|           |           |           | MOBILE    | MOBILE    | (87)    |
|           |           |           | US276     | US276     |         |
|           |           |           |           |           | Amateur |
|           |           |           |           | AMATEUR   | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2395‑2400 | 2395-2400 | Amateur |
|           |           |           |           |           | (97)    |
|           |           |           | G122      | AMATEUR   |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2400‑2402 | 2400‑2417 | ISM     |
|           |           |           |           |           | Eq      |
|           |           |           | 5.150     | AMATEUR   | uipment |
|           |           |           | G123      |           | (18)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Amateur |
|           |           |           |           |           | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2402‑2417 | 5.150     |         |
|           |           |           |           | 5.282     |         |
|           |           |           | 5.150     |           |         |
|           |           |           | G122      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2417‑2450 | 2417‑2450 |         |
|           |           |           |           |           |         |
|           |           |           | Radi      | Amateur   |         |
|           |           |           | olocation |           |         |
|           |           |           | G2        | 5.150     |         |
|           |           |           |           | 5.282     |         |
|           |           |           | 5.150     |           |         |
|           |           |           | G124      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 24        | 24        |           | 24        | 24        | ISM     |
| 50‑2483.5 | 50‑2483.5 |           | 50‑2483.5 | 50‑2483.5 | Eq      |
|           |           |           |           |           | uipment |
| FIXED     | FIXED     |           | 5.150     | FIXED     | (18)    |
|           |           |           | US41      |           |         |
| MOBILE    | MOBILE    |           |           | MOBILE    | TV      |
|           |           |           |           |           | Au      |
| Radi      | RADI      |           |           | Radi      | xiliary |
| olocation | OLOCATION |           |           | olocation |         |
|           |           |           |           |           | Broad   |
| 5.150     | 5.150     |           |           | 5.150     | casting |
| 5.397     | 5.394     |           |           | US41      | (74F)   |
|           |           |           |           |           |         |
|           |           |           |           |           | Private |
|           |           |           |           |           | Land    |
|           |           |           |           |           | Mobile  |
|           |           |           |           |           |         |
|           |           |           |           |           | \(90\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Fixed   |
|           |           |           |           |           | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US276 Except as otherwise provided for herein, use of the band 2360-2395
MHz by the mobile service is limited to aeronautical telemetering and
associated telecommand operations for flight testing of aircraft,
missiles or major components thereof. The following three frequencies
are shared on a co‑equal basis by Federal and non‑Federal stations for
telemetering and associated telecommand operations of expendable and
reusable launch vehicles whether or not such operations involve flight
testing: 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz. All other mobile
telemetering uses shall be secondary to the above uses.

\* \* \* \* \*

US346 Except as provided for below and by footnote US222, Federal use of
the band 2025‑2110 MHz by the space operation service (Earth‑to‑space),
Earth exploration‑satellite service (Earth‑to‑space), and space research
service (Earth‑to‑space) shall not constrain the deployment of the
Television Broadcast Auxiliary Service, the Cable Television Relay
Service, or the Local Television Transmission Service. To facilitate
compatible operations between non‑Federal terrestrial receiving stations
at fixed sites and Federal earth station transmitters, coordination is
required. To facilitate compatible operations between non‑Federal
terrestrial transmitting stations and Federal spacecraft receivers, the
terrestrial transmitters in the band 2025‑2110 MHz shall not be
high‑density systems (see Recommendations ITU‑R SA.1154 and
ITU‑R F.1247). Military satellite control stations at the following
sites shall operate on a co‑equal, primary basis with non‑Federal
operations:

  --------------------------------------------- ------------- -------------
  Facility                                      Coordinates   

  Naval Satellite Control Network, Prospect     44° 24\' 16\" 068° 00\'
  Harbor, ME                                    N             46\" W

  New Hampshire Tracking Station, New Boston    42° 56\' 52\" 071° 37\'
  AFS, NH                                       N             36\" W

  Eastern Vehicle Check‑out Facility & GPS      28° 29\' 09\" 080° 34\'
  Ground Antenna & Monitoring Station, Cape     N             33\" W
  Canaveral, FL                                               

  Buckley AFB, CO                               39° 42\' 55\" 104° 46\'
                                                N             36\" W

  Colorado Tracking Station, Schriever AFB, CO  38° 48\' 21\" 104° 31\'
                                                N             43\" W

  Kirtland AFB, NM                              34° 59\' 46\" 106° 30\'
                                                N             28\" W

  Camp Parks Communications Annex, Pleasanton,  37° 43\' 51\" 121° 52\'
  CA                                            N             50\" W

  Naval Satellite Control Network, Laguna Peak, 34° 06\' 31\" 119° 03\'
  CA                                            N             53\" W

  Vandenberg Tracking Station, Vandenberg AFB,  34° 49\' 21\" 120° 30\'
  CA                                            N             07\" W

  Hawaii Tracking Station, Kaena Pt, Oahu, HI   21° 33\' 44\" 158° 14\'
                                                N             31\" W

  Guam Tracking Stations, Anderson AFB, and     13° 36\' 54\" 144° 51\'
  Naval CTS, Guam                               N             18\" E
  --------------------------------------------- ------------- -------------

\* \* \* \* \*

US393 In the band 2025‑2110 MHz, the military services may operate
stations in the fixed and mobile except aeronautical mobile services on
a secondary and coordinated basis at the following sites:

  ----------------------------------------------- ------------------ ---------------------
  Site                                            Coordinates        Radius of Operation
                                                                     (km)

  Nellis AFB,                                     36° 14\' N 115°    80
  NV...................................           02\' W             

  China Lake,                                     35° 41\' N 117°    50
  CA...................................           41\' W             

  Ft. Irwin,                                      35° 16\' N 116°    50
  CA....................................\...      41\' W             

  Pacific Missile Test Range/Pt. Mugu, CA.....    34° 07\' N 119°    80
                                                  30\' W             

  Yuma,                                           32° 32\' N 113°    80
  AZ.................................\.........   58\' W             

  White Sands Missile Range, NM...............    33° 00\' N 106°    80
                                                  30\' W             
  ----------------------------------------------- ------------------ ---------------------

\* \* \* \* \*

FEDERAL GOVERNMENT (G) FOOTNOTES

\* \* \* \* \*

G2 In the bands 216‑225 MHz, 420‑450 MHz (except as provided by US217
and G129), 890‑902 MHz, 928‑942 MHz, 1300‑1390 MHz, 2310‑2390 MHz,
2417‑2450 MHz, 2700‑2900 MHz, 5650‑5925 MHz, and 9000‑9200 MHz, the
Federal radiolocation service is limited to the military services.

\* \* \* \* \*

G120 Development of airborne primary radars in the band 2360‑2390 MHz
with peak transmitter power in excess of 250 watts for use in the United
States is not permitted.

G122 In the bands 2395‑2400 MHz, 2402‑2417 MHz, and 4940‑4990 MHz,
Federal operations may be authorized on a non‑interference basis to
authorized non‑Federal operations, but shall not hinder the
implementation of any non‑Federal operations.

\* \* \* \* \*

**PART 15 -- RADIO FREQUENCY DEVICES**

5\. The authority citation for part 15 continues to read as follows:

**AUTHORITY**: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 554A.

6\. Section 15.301 is amended to read as follows:

**[§ 15.301 Scope.]{.underline}**

This subpart sets out the regulations for unlicensed personal
communications services (PCS) devices operating in the 1920‑1930 MHz
band.

7\. Section 15.303 is amended by revising paragraph (g) to read as
follows:

**[§ 15.303 Definitions.]{.underline}**

\* \* \* \* \*

\(g\) *Personal Communications Services (PCS) Devices \[Unlicensed\]*.
Intentional radiators operating in the frequency band 1920‑1930 MHz that
provide a wide array of mobile and ancillary fixed communication
services to individuals and businesses.

\* \* \* \* \*

8\. Section 15.319 is amended to remove and reserve paragraph (a) to
read as follows:

**[§ 15.319 General technical requirements.]{.underline}**

\(a\) \[Reserved\]

\* \* \* \* \*

9\. Section 15.321 is removed and reserved to read as follows:

**§ 15.321 \[Reserved\]**

\* \* \* \* \*

**PART 27 -- MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES**

10\. 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.

11\. Section 27.1 is amended by removing paragraph (b)(7):

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

\* \* \* \* \*

\(b\) \* \* \*

12\. Section 27.4 is amended by revising the definition of Band Manager
to read as follows:

**[§ 27.4 Terms and definitions.]{.underline}**

\* \* \* \* \*

[Band Manager.]{.underline} The term Band Manager refers to a licensee
in the paired 1392‑1395 MHz and 1432‑1435 MHz bands and the unpaired
1390‑1392 MHz, and 1670‑1675 MHz bands that functions solely as a
spectrum broker by subdividing its licensed spectrum and making it
available to system operators or directly to end users for fixed or
mobile communications consistent with Commission Rules. A Band Manager
is directly responsible for any interference or misuse of its licensed
frequency arising from its use by such non‑licensed entities.

\* \* \* \* \*

13\. Section 27.5 is amended by removing paragraph (g):

**[§ 27.5 Frequencies.]{.underline}**

\* \* \* \* \*

14\. Section 27.6 is amended by removing paragraph (g):

**[§ 27.6 Service areas.]{.underline}**

\* \* \* \* \*

15\. Section 27.11 is amended by removing paragraph (h).

**[§ 27.11  Initial authorization.]{.underline}**

\* \* \* \* \*

16\. Section 27.12 is amended to revise paragraph (b) to read as
follows.

**[§ 27.12 Eligibility.]{.underline}**

\* \* \* \* \*

\(b\) Band Manager licenses. For the 1392‑1395 MHz and 1670‑1675 MHz
bands and the paired 1392‑1395 MHz and 1432‑1435 MHz bands, applicants
applying for an initial license may elect to operate as a Band Manager,
subject to the rules governing Guard Band Managers under subpart G,
[provided however]{.underline}, that the following rules do not apply to
Band Managers:

\* \* \* \* \*

17\. Section 27.13 is amended by removing paragraph (f).

**[§ 27.13 License period.]{.underline}**

\* \* \* \* \*

18\. Section 27.50 is amended by removing paragraphs (g), (g)(1), and
(g)(2) and redesignating paragraph (h) as paragraph (g).

**[§ 27.50 Power and antenna height limits.]{.underline}**

\* \* \* \* \*

19\. Section 27.53 is amended by removing paragraph (k) and
redesignating paragraph (l) as paragraph (k).

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

\* \* \* \* \*

20\. Subpart K is deleted.

**PART 87 -- AVIATION SERVICES**

21\. The authority citation for Part 87 continues to read as follows:

**AUTHORITY**: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064‑1068,
1081‑1105, as amended; 47 U.S.C. 151‑156, 301‑609.

22\. Section 87.173 is amended by revising the entry for "2310‑2390 MHz"
to read as follows:

**[§ 87.173 Frequencies.]{.underline}**

\* \* \* \* \*

\(b\) Frequency table:

  ----------------------- ----------- ---------------- -------------------
  Frequency or frequency  Subpart     Class of station Remarks
  band                                                 

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

  2310‑2395 MHz           J           MA, FAT          Aeronautical
                                                       telemetry and
                                                       telecommand
                                                       operations.

  \* \*                   \* \*       \* \*            \*
  ----------------------- ----------- ---------------- -------------------

23\. Section 87.303 is amended by revising paragraph (d)(1) to read as
follows:

**[§ 87.303 Frequencies.]{.underline}**

\* \* \* \* \*

(d)(1) Frequencies in the bands 1435‑1525 MHz and 2360‑2395 MHz are
assigned primarily for telemetry and telecommand operations associated
with the flight testing of aircraft and missiles, or their major
components. The bands 1525‑1535 MHz and 2310‑2360 MHz are also available
for these purposes on a secondary basis. Permissible uses of these bands
include telemetry and telecommand transmissions associated with the
launching and reentry into the Earth's atmosphere, as well as any
incidental orbiting prior to reentry, of objects undergoing flight
tests. In the band 1435‑1530 MHz, the following frequencies are shared
with flight telemetry mobile stations: 1444.5, 1453.5, 1501.5, 1515.5,
1524.5, and 1525.5 MHz. In the band 2360‑2390 MHz, the following
frequencies may be assigned on a co‑equal basis for telemetry and
associated telecommand operations in fully operational or expendable and
re‑usable launch vehicles, whether or not such operations involve flight
testing: 2364.5, 2370.5 and 2382.5 MHz. In the band 2360‑2395 MHz, all
other mobile telemetry uses are secondary to the above stated launch
vehicle uses.

\* \* \* \* \*

**PART 97\--AMATEUR RADIO SERVICE**

24\. The authority citation for Part 97 continues to read as follows:

**AUTHORITY**: 48 Stat. 1066, 1082, as amended: 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C.
151-155, 301-609, unless otherwise noted

25\. Section 97.303(j)(2)(iii) is modified to read as follows:

**[§ 97.303 Frequency sharing requirements.]{.underline}**

\* \* \* \* \*

\(j\) \* \* \* \* \*

\(2\) \* \* \* \* \*

\(iii\) The 2390-2417 MHz segment is allocated to the amateur service on
a primary basis.

\(A\) The 2390-2395 MHz segment is shared with Federal and non-Federal
Government mobile services on a co-equal basis. See 47 C.F.R. § 2.106,
footnote US276.

\(B\) Amateur stations operating in the 2400-2417 MHz segment must
accept harmful interference that may be caused by the proper operation
of industrial, scientific and medical equipment.

\* \* \* \* \*

**STATEMENT OF**

**CHAIRMAN MICHAEL K. POWELL**

*Re: Amendment of Part 2 of the Commission's Rules to Allocate Spectrum
Below 3 GHz for Mobile and Fixed Services to Support the Introduction of
New Advanced Wireless Services, Including Third Generation Wireless
Systems, ET Docket No. 00-258; Amendments to Parts 1, 2, 27 and 90 of
the Commission's Rules to License Services in the 216-220 MHz, 1390-1395
MHz, 1426-1432 MHz, 1432‑1435 MHz, 1670-1675 MHz, and 2385-2390 MHz
Government Transfer Bands, WT Docket No. 02‑8; Seventh Report and Order
("Seventh R&O").*

The Report and Order issued today represents the final step in the
Commission's efforts to free valuable spectrum nationwide for third
generation (3G) technologies. With the outstanding cooperation of the
National Telecommunications and Information Administration (NTIA),
today's report has enabled us to make spectrum available for the
relocation of Government systems that are incumbent operations in the 90
MHz of new AWS spectrum (1710-1755 MHz/2110-2155 MHz) of which 45 MHz
(1710‑1755 MHz) are from Government spectrum. I applaud the efforts of
the Office of Engineering and Technology and the continued support and
help from NTIA. All Americans will benefit from the future use of this
spectrum and I look forward to our continued commitment to support
advanced technologies.

[^1]: *See Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems,* ET Docket No. 00‑258, *Second Report
    and Order*, 17 FCC Rcd 23193 (2002) ("*AWS Second Report and
    Order*").

[^2]: *Id.; Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems,* ET Docket No. 00‑258, *Fourth Notice
    of Proposed Rulemaking*, 18 FCC Rcd 13235 (2003) ("*AWS* *Fourth
    NPRM*"). AWS is the collective term that we use for new and advanced
    wireless applications, such as voice, data and broadband services
    provided over a variety of high‑speed fixed and mobile networks, and
    which are popularly referred to as 3G systems. We have also adopted
    service rules for AWS operations in the bands 1710‑1755 MHz and
    2110‑2155 MHz. *See Service Rules for Advanced Wireless Services in
    the 1.7 GHz and 2.1 GHz Bands*, WT Docket No. 02‑353, *Report and
    Order*, 18 FCC Rcd 25162 (2003) ("*AWS Service Rules R&O*").

[^3]: *See* NTIA *Report,* "An Assessment of the Viability of
    Accommodating Advanced Mobile Wireless (3G) Systems in the
    1710‑1770 MHz and 2110‑2170 MHz Bands," dated July 22, 2002 ("*2002
    Viability Assessment"*) (incorporated into the docket of this
    proceeding and available from NTIA at
    <http://www.ntia.doc.gov/ntiahome/threeg/va7222002/3Gva072202web.htm>).
    The Commission, which is an independent agency, administers
    non‑Federal Government spectrum. NTIA, which is an operating unit of
    the U.S. Department of Commerce, administers Federal Government
    spectrum. *See* 47 C.F.R. § 2.105.

[^4]: *Id*. at 3.

[^5]: *See Amendment of Parts 2, 25, and 87 of the Commission\'s Rules
    to Implement Decisions from World Radiocommunication Conferences
    Concerning Frequency Bands Between 28 MHz and 36 GHz and to
    Otherwise Update the Rules in this Frequency Range*, ET Docket No.
    02-305, *Report and Order*, 18 FCC Rcd 23426 (2003) ("*Above 28 MHz
    R&O*"), at ¶¶ 20, 40.

[^6]: *See* OBRA‑93, § 6001(a) (47 U.S.C. § 923(a)‑(b)).

[^7]: *See* Spectrum Reallocation Final Report, Response to Title VI --
    Omnibus Reconsideration Act of 1993, NTIA Special Publication 95‑32,
    dated February 1995.

[^8]: A mixed‑use band means that Federal Government stations are
    limited by geographic area, by time, or by other means so as to
    guarantee that the potential use of the band to be made by such
    Federal Government stations is substantially less than the potential
    use to be made by non‑Federal Government stations. *See*
    47 U.S.C. 932(b)(2)(B).

[^9]: *See* OBRA‑93, § 6001(a) (47 U.S.C. § 923(c)(4)); *supra* n.
    Error: Reference source not found at Appendix E and page F‑4.

[^10]: *See* *2002 Viability Assessment* at 1‑2.

[^11]: The December 2008 relocation date in the *2002 Viability
    Assessment* was based on the existing statutory provisions for
    reimbursement and assumptions about when an auction might occur for
    the band 1710‑1755 MHz. Once reimbursement and auction matters for
    that band have been resolved, we will be able to revisit the
    December 2008 relocation date as necessary.

[^12]: A non‑interference, coordinated basis means that the military
    services may operate systems without an allocation in certain
    non‑Federal Government bands subject to local coordination. Local
    coordination between FCC field personnel and military field
    personnel is described in the *NTIA Manual* at Section 7.15.3
    (Military Communications in non‑Government Bands Above 25 MHz for
    Tactical and Training Operations) and in Section 7.17 (Military
    Communications at Test Ranges in non‑Government Bands Above 25 MHz).
    No change is contemplated in these well‑established procedures.
    *See* *NTIA Manual of Regulations & Procedures for Federal Radio
    Frequency Management*, May 2004 Revision ("*NTIA Manual*"), Sections
    7.15.3 and 7.17. The *NTIA Manual* can be downloaded at
    http://www.ntia.doc.gov/osmhome/redbook/redbook.html.

[^13]: Originally, NTIA requested that the military services be
    permitted to operate ground‑based systems in mostly remote areas and
    ranges throughout the Southwestern United States, including, but not
    limited to, China Lake, CA; the Pacific Missile Test Range, Pt.
    Mugu, CA; Ft. Irwin, CA; Holloman AFB, NM (NTIA later renamed this
    site as the White Sands Missile Range); and Yuma, AZ. Subsequently,
    NTIA, with the concurrence of DOD, clarified that "ground‑based
    systems" should be more narrowly defined as "stations in the fixed
    and mobile except aeronautical mobile services" and agreed to limit
    this use to the above five sites plus Nellis AFB, NV. These
    clarifications were made by W. Russell Slye, Office of Spectrum
    Management, NTIA to Chief, Spectrum Coordination Branch, Office of
    Engineering and Technology ("OET"), FCC, on September 24, 2002,
    October 9, 2002, and March 27, 2003.

[^14]: We recognize here that the DOD TT&C uplink earth stations provide
    TT&C functions not only for military systems, but for other Federal
    Government systems as well, such as those operated in the Space
    Research and Earth Exploration-Satellite Services.

[^15]: NTIA has indicated that effective relocation of Federal
    Government operations will depend not only on co-equal, primary
    access to spectrum in the bands 2025‑2110 MHz and 2360‑2395 MHz, but
    also on legislation to create a relocation fund using auction
    proceeds, and on the conduct of the auction. *See* Letter to the
    Honorable Richard B. Cheney, President of the Senate (and
    identically to other Members of the House and Senate), from Michael
    D. Gallagher, Acting Assistant Secretary for Communications and
    Information, United States Department of Commerce, NTIA (rel. Apr.
    14, 2004) (reporting further actions needed in the allocation of
    spectrum to the civilian sector for the effective deployment of
    third generation (3G) wireless devices in the United States).

[^16]: *See Public Notice*, DA 02‑1780, rel. July 24, 2002.

[^17]: *See supra* n. Error: Reference source not found & Error:
    Reference source not found.

[^18]: A TVPU station is a land mobile station used for the transmission
    of TV program material and related communications from scenes of
    events back to the TV station or studio. *See* 47 C.F.R. § 74.601(a)
    (listing classes of TV broadcast auxiliary stations).

[^19]: 47 C.F.R. § 78.18(a)(6).

[^20]: A TV STL station (studio-transmitter link) is a fixed station
    used for the transmission of TV program material and related
    communications from the studio to the transmitter. A TV relay
    station is a fixed station used for transmission of TV program
    material and related communications for use by TV broadcast stations
    or other purposes as authorized in Section 74.631. A TV translator
    relay station is a fixed station used for relaying programs and
    signals of TV stations to TV translators or other communications
    facilities that the Commission may authorize. *See* 47 C.F.R.
    §74.601(b)-(d). *See generally* 47 C.F.R. §74.600 ("Eligibility for
    license").

[^21]: LTTS operations are limited to the permissible uses described in
    Sections 74.631 and 78.11. *See* 47 C.F.R. §101.803(b). For
    simplicity, in the remainder of this document the BAS, LTTS, and
    CARS services collectively will be referred to as BAS.

[^22]: The existing channel plan is as follows: Channel 1 (1990-2008
    MHz), Channel 2 (2008-2025 MHz), Channel 3 (2025-2042 MHz), Channel
    4 (2042-2059 MHz), Channel 5 (2059-2076 MHz), Channel 6
    (2076‑2093 MHz), and Channel 7 (2093-2110 MHz).

[^23]: *See Amendment of Section 2.106 of the Commission's Rules to
    Allocate Spectrum at 2 GHz for use by the Mobile-Satellite Service*,
    ET Docket No. 95-18, *Second Report and Order and Second Memorandum
    Opinion and* Order, 15 FCC Rcd 12315 (2000) ("*MSS Second Report and
    Order*").

[^24]: The Commission also identified four broad categories of BAS
    markets and specified relocation transition periods for the
    different markets. *See MSS Second Report and Order*, 15 FCC Rcd
    12322-23, ¶ 19.

[^25]: *Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems,* ET Docket No. 00‑258, *Third Report
    and Order, Third Notice of Proposed Rulemaking, and Second
    Memorandum Opinion and Order*, 18 FCC Rcd 2223 (2003) ("*AWS Third
    Report and Order*").

[^26]: *See Amendment of Section 2.106 of the Commission's Rules to
    Allocate Spectrum at 2 GHz for use by the Mobile Satellite Service*,
    ET Docket No. 95-18, *Third Report and Order and Third Memorandum
    Opinion and Order*, 18 FCC Rcd 23638 (2003) ("*MSS Third Report and
    Order*"). The *MSS Third Report and Order*, *inter alia*, set forth
    a one-phase relocation by which BAS incumbents will be moved to
    channels in the 2025‑2110 MHz band in a single step. *See MSS Third
    Report and Order*, 18 FCC Rcd at 23669-70, paras. 62-64. *See also
    Improving Public Safety Communications in the 800 MHz Band,
    Consolidating the 800 and 900 MHz Industrial/Land Transportation and
    Business Pool Channels, Amendment of Part 2 of the Commission's
    Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services
    to Support the Introduction of New Advanced Wireless Services,
    including Third Generation Wireless Systems,* WT Docket No. 02‑55,
    ET Docket No. 00-258, RM‑9498, RM‑10024, & ET Docket No. 95‑18,
    *Report and Order, Fifth Report and Order, Fourth Memorandum Opinion
    and Order, and Order,* FCC 04-168, (rel. Aug. 6, 2004)
    ("*800 MHz/Nextel Order"*) (modifying the plan for relocation of BAS
    incumbents from the band 1990‑2025 MHz to accommodate the entry of
    Nextel Communications, Inc., in the 1990‑1995 MHz band segment);
    *Amendment of Part 2 of the Commission's Rules to Allocate Spectrum
    Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems, Petition for Rule Making of the
    Wireless Information Networks Forum Concerning the Unlicensed
    Personal Communications Service, Petition for Rule Making of
    UTStarcom, Inc., Concerning the Unlicensed Personal Communications
    Service, Amendment of Section 2.106 of the Commission's Rules to
    Allocate Spectrum at 2 GHz for use by the Mobile-Satellite Service*,
    ET Docket No. 00‑258, RM‑9498, RM‑10024, ET Docket No. 95‑18, *Sixth
    Report and Order, Third Memorandum Opinion and Order, and Fifth
    Memorandum Opinion and Order*, FCC 04‑219 (rel. Sep. 22, 2004)
    ("*AWS Sixth R&O*") (redesignating the bands 1995‑2000 MHz and
    2020‑2025 MHz for AWS use).

[^27]: An earth station is, *inter alia*, a station located on the
    Earth's surface and intended for communication with one or more
    space stations. *See* ITU *Radio Regulations*, Edition of 2001, No.
    1.63.

[^28]: *AWS Fourth NPRM* at ¶ 26.

[^29]: These are mainly news trucks, but other vehicles, such as news
    helicopters and blimps, are also included.

[^30]: *AWS Fourth NPRM* at ¶¶ 28-30.

[^31]: The BAS also includes short term operations conducted pursuant to
    Section 74.24. Short term operations are TVPU or temporary fixed
    operations performed outside the parameters of a station's
    authorization, allowed for up to 720 hours per year, and can be
    conducted by all licensees of broadcast stations under Part 73 and
    broadcast auxiliary stations provided under subparts D, E, F, and H
    of Part 74, except wireless video assist devices, under the
    authority conveyed by a Part 73 license or a broadcast auxiliary
    license. 47 C.F.R. § 74.24 (Short term operation). Short term
    operations may be used by network entities to implement nationwide
    operation, and are sometimes referred to as "itinerant" or "network
    itinerant" operations.

[^32]: We noted, for example, that the Buckley AFB, CO, Kirtland AFB,
    NM, Pleasanton, CA, and Laguna Peak, CA, DOD earth station sites
    were separated from the nearest city limits of the metropolitan
    areas of Denver, CO, Albuquerque-Santa Fe, NM, San
    Francisco-Oakland-San Jose, CA, and Los Angeles, CA, by 1, 5, 10,
    and 20 miles, respectively. *See AWS Fourth NPRM* at ¶ 29.

[^33]: *AWS Fourth NPRM* at ¶ 31.

[^34]: *Id.* at ¶ 32.

[^35]: *Id*. at ¶¶ 34-37.

[^36]: *Id*. at ¶ 38.

[^37]: Ericsson Comments at 1-3.

[^38]: Space Imaging Comments at 1-3.

[^39]: *Id*. at 9-10.

[^40]: SBE Comments at 1-2.

[^41]: A dB (short for decibel) measures the relative difference in
    power, with each 10 dB representing a 10-fold difference. Thus, 60
    dB represents a million-fold difference in power.

[^42]: SBE Comments at 2-3.

[^43]: *Id*. at 5.

[^44]: *Id*. at 8-10.

[^45]: NAB/MSTV Comments at Summary.

[^46]: *Id*. at 13-14.

[^47]: Gannett Comments at 3.

[^48]: CTIA Comments at 2-3.

[^49]: Cingular Comments at 3-4.

[^50]: *Id*. at 9.

[^51]: *Id*. at 9-10.

[^52]: Motorola Comments at 2-3.

[^53]: *Id*. at 5.

[^54]: *Id*. at 5-6.

[^55]: Motorola Reply Comments at 3-5.

[^56]: SBE Reply Comments at 3. In an *ex parte* filing, SBE supplies
    geographic coordinates and related information on many BAS ENG TVPU
    receive sites that are within 150 km of DOD TT&C earth stations.
    *See* SBE *ex parte* filing, filed May 10, 2004.

[^57]: *Id*. at 6.

[^58]: *See, e.g.,* *Amendment of Parts 2 and 90 of the Commission\'s
    Rules to Provide for Narrowband Private Land Mobile Radio Channels
    in the 150.0-150.8 MHz, 162-174 MHz, and 406.1-420 MHz Bands that
    are Allocated for Federal Government Use*, ET Docket No. 04-243,
    *Notice of Proposed Rulemaking*, FCC 04-165 (rel. July 6, 2004)
    ¶ 40.  *See also* 47 C.F.R. §§ 2.104(d)(3)(iii), 2.105(c)(2)(iii).

[^59]: Local BAS frequency coordinators may not be available in all
    areas. We note that SBE maintains a list of local frequency
    coordinators, by county, on its website at http:www.sbe.org.

[^60]: We note that new BAS, CARS, and LTTS stations may coordinate with
    the DOD earth station using regular coordination procedures
    appropriate to their services. *See* 47 C.F.R. §§ 74.638 (c) and
    (d), 78.36 (c) and (d), and 101.103.

[^61]: The above requirements have been confirmed by the NTIA. *See*
    Letter to Edmond J. Thomas, Chief, Office of Engineering and
    Technology, Federal Communications Commission, from Frederick R.
    Wentland, Associate Administrator, Office of Spectrum Management,
    National Telecommunications and Information Administration, United
    States Department of Commerce (dated Sep. 15, 2004) ("*NTIA
    Letter*").

[^62]: *Id*. We have also restored the phrase "at fixed sites" in the
    second sentence of footnote US346. That phrase was inadvertently
    omitted from the version of footnote US346 proposed in the *AWS
    Fourth NPRM*. Finally, we have deleted the word "Government" from
    any references to Federal Government or non-Federal Government in
    the footnote.

[^63]: For example, we note that a DOD TT&C uplink earth station using
    the maximum transmitter power of 40 dBW, bandwidth of 4 MHz, and a
    46 foot antenna as described in the *DOD IMT-2000 Assessment* at
    ¶ B.4.2.1.2, with its main beam elevated 3 degrees above the horizon
    plane, would produce an effective isotropic radiated power ("EIRP")
    as high as 58 dBW in the horizon plane. Under unobstructed line of
    sight (LOS) conditions, an EIRP produces an isotropic receive power,
    RXI (in dBW), at a point located a distance D from the transmitter,\
    given by RXI = EIRP ‑ (92.4 + 20log~10~(F) + 20log~10~(D)), where F
    is the frequency (in GHz) and D is the distance (in km) (The
    expression within the parentheses is usually referred to as the Free
    Space Loss ("FSL")). For EIRP = 58 dBW in the horizon plane and
    F = 2.07 GHz (*i.e.*, a frequency in the center of the 2 GHz band),
    at distances D of 20, 50, 100, and 200 km, the above expression
    yields RXI's of ‑66.7, ‑74.7, ‑80.7, and ‑86.7 dBW, respectively.

    The maximum permissible isotropic receive power of interference
    present at a receive antenna, MAXRXI, to avert degrading the
    receiver noise threshold, is given by
    MAXRXI = 10log~10~(kTB) + NF + (I/N) + LR ‑ GR, where k is
    Boltzman's constant (1.38x10E‑23 joules/K, or 1.38E‑17 W/(MHzK)), T
    is the receive antenna temperature (usually 290 K), B is the
    receiver bandwidth (in MHz), NF is the receiver noise figure
    (in dB), (I/N) is the maximum interference‑to‑noise ratio (in dB)
    required to avert degrading the receiver noise threshold, LR is the
    line loss (in dB) between the output of the receive antenna and the
    receiver, and GR is the isotropic gain (in dB) of the receive
    antenna (in dB). For a typical BAS ENG TV Pickup receiver, as
    described in the *DOD IMT-2000 Assessment* at ¶¶ B.7.2.2.1 and
    C.6.1.1.1, with a bandwidth of 17 MHz, a noise figure of 3 dB, an
    (I/N) of -9 dB (to avert a receiver noise threshold degradation
    exceeding 0.5 dB), a lineloss of 2 dB, and an isotropic antenna gain
    of 22 dB (main beam, no sidelobe suppression), the above expression
    yields a MAXRXI of ‑157.7 dBW. We adjust this figure downward
    1.5 dB, to account for the 12 MHz receiver bandwidth consistent with
    the new BAS channel plan, to ‑159.2 dBW.

    The above-calculated RXI's of the DOD TT&C uplink earth station
    horizon plane interfering signal, with an EIRP of 58 dBW, at
    distances D of 20, 50, 100, and 200 km, exceed MAXRXI for a BAS ENG
    TV Pickup receiver by 92.5, 86.5, 80.5, and 72.5 dB, respectively,
    representing significant worst case interference potentials.
    Analysis of the SBE data indicates such interference potentials,
    often in multiple directions, around several of the eleven TT&C
    sites, due to LOS or near LOS conditions owing to the height of ENG
    receive antennas with respect to their surroundings, whether on tall
    buildings or towers in urban areas or on mountain sites, in order to
    obtain maximum visibility from potential ENG transmit locations.
    Under this worst case analysis, the Buckley AFB site, in particular,
    exhibits numerous interference potentials, ranging from 71 to 95 dB,
    into ENG receive antennas located around downtown Denver, generally
    southwest, west, and northeast of Buckley, all at distances from 15
    to 18 km. In addition, several interference potentials, ranging from
    79 to 87 dB, occur at mountain sites located west and northwest of
    Buckley, at distances from 40 to 100 km. These sites could pose a
    challenge because their antennas may tend to point eastward and
    southeastward, toward Denver and its suburbs, and therefore toward
    Buckley AFB, located just east of Denver, during most of their use.

    We emphasize, however, that these potentials are typically worst
    case, with the TT&C uplink at maximum power, which could be reduced
    by as much as 20 dB, and antenna pointing within 3 degrees of the
    horizon plane, where more restrictive, skyward pointing, such as to
    the GSO arc, could offer an improvement up to 40 dB, or more through
    antenna redesign to increase sidelobe suppression. TT&C site
    mitigation could also include construction of berms and other
    attenuating features, as well as taking advantage of existing
    manmade and terrain obstructions. Further, on-going case-by-case
    coordination with BAS ENG operations has the potential to take
    advantage of the fact that the TT&C antenna spends relatively little
    time pointing in a particular direction, much less at an elevation
    of 3 degrees; of a typical ENG receive antenna sidelobe suppression
    of 20 dB, where the antenna main beam pointing need not be toward
    the TT&C earth station; and/or operation on adjacent ENG channels,
    where they are available. Finally, we note that, during on-going
    coordination, receiver threshold degradation, on which this worst
    case was based, may be supplanted by less stringent criteria which
    fully consider actual ENG power, modulation, performance, or other
    requirements, as were considered by Gannett, NAB, and SBE in their
    comments.

[^64]: DOD, in conjunction with broadcasters, will be able to come to
    agreement determining which actions may be appropriate to protect
    incumbent BAS operations, particularly BAS ENG TVPU deployments,
    from interference.  These measures might, for example, involve
    adjustments to earth station antenna power and pointing, satellite
    orbit coverage, or times of operation, to reduce radiation in the
    direction of terrestrial facilities.

[^65]: *See* Department of Defense's "Investigation of the Feasibility
    of Accommodating the International Mobile Telecommunications (IMT)
    2000 Within the 1755‑1850 MHz Band," dated February 9, 2001, at page
    2‑2 ("*DOD IMT-2000 Assessment*").

[^66]: We note that the recently adopted *800 MHz/Nextel Order* provides
    a means to relocate BAS incumbents to new channels in the band
    2025‑2110 MHz in a relatively quick period of time, and we expect
    such relocation to incorporate transition to digital operations.
    *See supra* n. Error: Reference source not found.

[^67]: SBE Comments at 5.

[^68]: *See* *NTIA Manual*, Section 8.2.35 (Power and Direction of
    Maximum Radiation of Earth Stations in Certain Bands Shared with
    Stations in the Fixed and Mobile Services) at ¶¶ 1, 2, 4, 5, and 7;
    *see also* ITU *Radio Regulations*, Article 21.

[^69]: Specifically, "earth station antennas shall not be employed for
    transmission at elevation angles of less than 3° measured from the
    horizontal plane to the direction of maximum radiation, except when
    agreed to by agencies or administrations concerned and those whose
    services may be affected." *See NTIA Manual*, Section 8.2.35 at ¶ 7;
    *see also* ITU *Radio Regulations*, No. 21.14. Because lower
    elevation angles for the earth station's antenna equate to larger
    geographic areas in which BAS operations may be impacted, it is
    especially important that BAS licensees and other affected parties
    would have to concur with any proposal to reduce the elevation angle
    below 3°.

[^70]: A dBW is a unit of power relative to a watt, with 0 dBW equaling
    1 watt. Each 10 dBW above or below 0 dBW represents a respective
    ten-fold increase or decrease in power. Thus, 40 dBW equals 10,000
    watts, or 10 kilowatts.

[^71]: *See NTIA Manual*, Section 8.2.35 at ¶¶ 1, 2, and 4; *see also*
    ITU *Radio Regulations*, No. 21.8, 21.9, and 21.11. We also note
    that NTIA has revised the earth station emission mask for
    frequencies below 15 GHz to specify a minimum attenuation of
    spectral density, below the highest spectral density in any 4 kHz
    band within the necessary bandwidth, of 8 dB at the edge of the
    necessary bandwidth, *i.e.*, at a frequency removed from the center
    of the emission bandwidth by half the necessary bandwidth.
    Attenuation roll-off remains, unchanged, 40 dB per decade (12 dB per
    octave) of half the necessary bandwidth, reaching a maximum
    attenuation of 60 dB. We note that this occurs at a frequency
    removed from the center of the emission bandwidth by ten times the
    necessary bandwidth. *See NTIA Manual*, Section 5.6.2.

[^72]: We currently are addressing use of the band 1990‑2025 MHz and
    have adopted service rules for the band 2110‑2155 MHz. *See MSS
    Third Report and Order; AWS Third Report and Order*, ¶¶ 28‑37,
    68‑70. *See also AWS Sixth R&O*; *Service Rules for Advanced
    Wireless Services in the 1915‑1920 MHz, 1995‑2000 MHz, 2020‑2025 MHz
    and 2175‑2180 MHz Bands*, WT Docket No. 04-356 ("*AWS 2 GHz Service
    Rules NPRM*").

[^73]: *See* *NTIA Letter*. Further, we have previously noted that NTIA
    has revised the Federal Government earth station emission mask for
    frequencies below 15 GHz. *See supra* n. Error: Reference source not
    found. In addition, as requested by Cingular in its Comments at 9,
    concerning the potential for interference from BAS systems in the
    band 2025‑2110 MHz to AWS systems in the band 2110‑2155 MHz, we
    confirm that the BAS digital emission mask in
    Section 74.637(a)(2)(iii) specifies a spectral density floor of
    ‑43 dBW/4 kHz, equivalent to ‑13 dBm/4 kHz, ‑19 dBW/MHz, or
    +11 dBm/MHz, for frequencies removed from the assigned frequency by
    more than 250 percent of authorized bandwidth, regardless of the
    measurement resolution bandwidth used.

    We also take this opportunity to remind prospective AWS licensees
    that, as we noted in the *AWS Service Rules R&O* ¶ 116, the band
    2110‑2120 MHz is allocated on a primary basis for Earth-to-space
    (deep space) communications in the Space Research Service used by
    the National Aeronautics and Space Administration ("NASA").
    Operations in this service in the United States are limited to deep
    space communications at the NASA Goldstone Deep Space Network
    ("DSN") facility in Goldstone, California. AWS licensees will be
    permitted to operate in the area around Goldstone without having to
    provide protection to the facility. However, operation of AWS
    systems will be affected by transmissions from Goldstone. In the
    *AWS Allocation* *Order* ¶ 33, we concluded that because of the
    nature of operations at Goldstone, a significant amount of
    interference should not occur to AWS systems operating in the
    2110‑2120 MHz band in the vicinity of Goldstone. However, AWS
    licensees using the 2110-2120 MHz band should be aware that this
    facility may operate at any time at a nominal EIRP of 105.5 dBW, and
    under emergency conditions up to 119.5 dBW, along any azimuth, and
    at elevations as low as 10 degrees above the horizon. During these
    transmissions, AWS systems operating in the vicinity of Goldstone
    may become unavailable. AWS licensees cannot claim protection from
    interference due to these transmissions. We thus note that future
    AWS licensees operating in spectrum in the 2110-2120 MHz band in the
    area surrounding Goldstone, California should consider this
    potential for interference in developing their systems.

[^74]: *See AWS Third Report and Order*, ¶¶ 28-37, 68-70. *See also AWS
    Sixth R&O*; *AWS 2 GHz Service Rules NPRM*.

[^75]: Space Imaging Comments at 2, 8-9.

[^76]: *See Reallocation of the 216‑220 MHz, 1390‑1395 MHz,
    1427‑1429 MHz, 1429‑1432 MHz, 1432‑1435 MHz, 1670‑1675 MHz, and
    2385‑2390 MHz Government Transfer Bands*, ET Docket No. 00‑221,
    *Report and Order*, 17 FCC Rcd 368 (2002).

[^77]: *See Allocation of Spectrum Below 5 GHz Transferred from Federal
    Government Use*, ET Docket No. 94‑32, *First Report and Order and
    Second Notice of Proposed Rule Making*, 10 FCC Rcd 4769 (1995).

[^78]: *See* 47 C.F.R. § 2.106, footnote G122.

[^79]: *See* 47 C.F.R. § 15.303(a)

[^80]: *See* 47 C.F.R. §§ 15.301; 15.303(g); 15.319(a); and 15.321(a),
    (b), and (g).

[^81]: *AWS Fourth NPRM* at ¶¶ 40-44.

[^82]: *Id.* at ¶¶ 55-56, 58.

[^83]: We also proposed a conforming amendment to Section
    97.303(j)(2)(iii) of our amateur Rules to reflect this spectrum
    sharing proposal. *See* 47 C.F.R. § 97.303(j)(2)(iii)

[^84]: *AWS Fourth NPRM* at ¶¶ 59-63.

[^85]: Motorola Comments at 7-9.

[^86]: AFTRCC Comments at 3-5.

[^87]: Sirius/XM Comments at 2-6. In an ex parte filing, XM has
    subsequently withdrawn its proposals, regarding OOBE limits, with
    respect to new non-Federal Government aeronautical mobile
    transmissions at 2360‑2395 MHz, recognizing, based on discussions
    with AFTRCC, that the vast majority of these transmissions occur at
    altitudes high enough to avoid interference to Satellite DARS.
    However, XM maintains its proposals with respect to new fixed
    transmitters used in conjunction with new non-Federal Government
    aeronautical mobile operations, and all new Federal Government
    operations, at 2360‑2395 MHz. *See* XM *ex parte* filing, filed
    August 17, 2004.

[^88]: Motorola Reply Comments at 8.

[^89]: AFTRCC Reply Comments at 2-4.

[^90]: *See* AFTRCC *ex parte* filing, filed May 13, 2004.

[^91]: *See* AFTRCC *ex parte* filing, filed May 28, 2004. AFTRCC
    describes ATV operation in the band 2390‑2395 MHz, with bandwidth of
    6 MHz (which we note extends into the greater band 2390‑2400 MHz),
    and emphasis on transmitter power levels increasing to the 15-50
    watt range; high gain antennas mounted at heights exceeding 40 feet;
    operational ranges increasing to 20-50 miles; and contests to
    demonstrate maximum possible power and range and minimal expense.
    AFTRCC also notes that there is an emphasis on ATV airborne
    operations in radio-controlled aircraft, ultralight and general
    aviation aircraft, balloons, and rockets. AFTRCC states that
    although literature on such operations deals mostly with lower
    frequency bands, particularly the 70 cm (420‑450 MHz) band, these
    characteristics will of necessity apply to the band 2390-2395 MHz.
    AFTRCC describes the potential for high gain aeronautical mobile
    flight testing ground receivers, which employ large parabolic dishes
    designed to track aircraft and missiles operating 200 or more miles
    away, to receive interference from ATV point-to-point or airborne
    operations at great distance due to low antenna elevation angle and
    corresponding off-axis attenuation, and line-of-sight conditions,
    especially in the case of amateur airborne operations.

[^92]: *See* AFTRCC *ex parte* filing, filed September 9, 2004.

[^93]: ARRL Reply Comments at 3-7.

[^94]: *See Allocation of Spectrum Below 5 GHz Transferred from Federal
    Government Use*, ET Docket No. 94‑32, *First Report and Order and
    Second Notice of Proposed Rule Making*, 10 FCC Rcd 4769 (1995) at
    Appendix F, Final Rules, (amending Section 2.106, Table of Frequency
    Allocations, to reflect upgrade, to primary status, of the amateur
    service allocation in the band 2390‑2400 MHz). *See also 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) at Appendix B, Final Rules,
    (amending Section 97.303(j)(2), Frequency sharing requirements, to
    reflect the upgrade to primary status).

[^95]: *See also AWS Fourth NPRM* at ¶ 59.

[^96]: Nevertheless, we are encouraged by indications from AFTRCC that
    the parties may yet establish a coordination agreement, because such
    an agreement is likely to further reduce the likelihood of
    interference. *See supra* ¶ 45.

[^97]: *AWS Fourth NPRM* at ¶¶ 55-58. The adopted footnote differs
    slightly from the proposed footnote because, subsequent to the *AWS
    Fourth NPRM*, we modified footnote US276 to delete references to the
    band 2320‑2345 MHz and the frequency 2332.5 MHz. *See Above 28 MHz
    R&O* at ¶ 40 and Appendix B. To be consistent with the *2002
    Viability Assessment*, the scope of Federal Government aeronautical
    mobile operations to be relocated or accommodated in the band
    2360‑2395 MHz need not be expanded beyond aeronautical mobile
    telemetry for flight testing, nor the scope of other Federal
    Government mobile operations be expanded beyond mobile telemetry, as
    is the case for both Federal Government and non-Federal Government
    aeronautical and other mobile operations in current footnote US276.
    We have retained the limitation in the adopted footnote,
    accordingly. Finally, we have made minor editorial changes deleting
    the word "Government" from any references to Federal Government or
    non-Federal Government in footnotes US276, G2, and G122.

[^98]: *See 800 MHz/Nextel Order* ¶¶ 227-231.

[^99]: *See AWS Sixth R&O*.

[^100]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601-612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1966 (SBREFA), Pub. L. No. 104‑121, Title II, 110 Stat. 857
    (1996).

[^101]: AWS Fourth NPRM, 18 FCC Rcd 13235 (2003) ¶ 64 and Appendix B.

[^102]: 5 U.S.C. § 604(a)(3).

[^103]: 5 U.S.C. § 601(6).

[^104]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^105]: 15 U.S.C. § 632.

[^106]: 5 U.S.C. § 601(4).

[^107]: Independent Sector, The New Nonprofit Almanac and Desk Reference
    (2002).

[^108]: 5 U.S.C. § 601(5).

[^109]: U.S. Census Bureau, Statistical Abstract of the United States:
    2000, Section 9, pages 299-300, Tables 490 and 492.

[^110]: The IRFA mistakenly listed the number of TV BAS licensees for
    the sub-band 1990-2025 MHz rather than for the entire band 1990-2110
    MHz. There are approximately 144 more licensees in the entire band
    than in the sub-band.

[^111]: 13 C.F.R. § 121.201, NAICS code 515120.

[^112]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Receipts Size of Firms Subject to Federal Income Tax:
    1997," Table 4, NAICS code 515120 (issued Oct. 2000).

[^113]: *Id.* The census data do not provide a more precise estimate.

[^114]: The IRFA mistakenly listed the number of CARS licensees for the
    sub-band 1990-2025 MHz rather than for the entire band 1990-2110
    MHz. However, the number of CARS licensees is the same in the
    sub-band as in the entire band.

[^115]: *Id*. at NAICS code 515120.

[^116]: *Id.*

[^117]: *Id.* The census data do not provide a more precise estimate.

[^118]: The IRFA mistakenly listed the number of LTTS licensees for the
    sub-band 1990-2025 MHz rather than for the entire band 1990-2110
    MHz. However, the number of LTTS licensees in each band differs by
    only one.

[^119]: 13 C.F.R. §§ 121.201, NAICS code 517212.

[^120]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Employment Size of Firms Subject to Federal Income
    Tax: 1997," Table 5, NAICS code 517212 (issued Oct. 2000).

[^121]: *Id*. The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1,000
    employees or more."

[^122]: *See* Seventh Report and Order ¶ 27.

[^123]: 5 U.S.C. § 603(c).

[^124]: *See, e.g.*, comments of the Society of Broadcast Engineers,
    Inc., as described in the Seventh Report and Order ¶ 20.

[^125]: 5 U.S.C. § 801(a)(1)(A).

[^126]: 5 U.S.C. § 604(b).